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Home My WebLink About11-14-2005 Council Packetf Public A ttendance Meeting D ate IS C ouncil □ Planning C ommission □ Park C ommission n Other NAME (plei»e print) 1 2. . V) Q I JVn.-jg . Wwdfev/| 0 l/K /\/Vj 5. 6. 7.. 8. 9. 10.. 11. 12. 13.. 14.m IS. Please nttouTTHE information requested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1'^0>Q S^VUce PL _____CcMV^ vKOul^ mc/£^o wi u-i. r'Ai6<» ✓VIL L J r ’ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 14,2005,7:00 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 COUNCIL MEETING NOV 1 42005 CONSENT AGENDA 1. Approve/Amend CITY OF ORONO APPROVAL OF MINUTES * 2. Regular Council Meeting of October 24,2005 PARK COMMISSION COMMENTS - Uurie Esau, Representative PLANNING COMMISSION COMMENTS - J. Marc Fritzler, Representative PUBLIC COMMENTS • (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 3. #05*3142 Christopher and Emily Chapman, 3775 Bayside Road • Variance * 4. #05-3157 Martha T. Mason on behalf of Sara Moos, 2160 Webber Hills Road - Variance Resolution 5. #05-3160 Judson M. Dayton, 825 Old Crystal Bay Road South - Lot Line Rearrangement Resolution 6. Gate Height Appeal Continuation MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 7. Change Order #3 - Lee Carlson Baseball Field Trail Project 8. Request For Final Payment Navarre Water Tower Rehabilitation CITY ADMINISTRATOR'S REPORT 9. Approve Mn/DOT Maintenance Agreements Related to the Highway 12 Project - Resolutions 10. Approve Purchase of Property at 1180 Lyman Avenue 11. Resignation of Part-Time Police Officer - Chris Pharo 12. Authorization to Sell Forfeited Vehicle 13. Three Rivers Park District Application For Limited Firearms Use Permit - For Deer Hunt In Baker Park 14. Letter of Recognition to Wa>'zata Marine 15. Letter of Intent to Purchase Replacement Squad Cars CITY ATTORNEY’S REPORT 16. LICENSES Kennel ii AGENDA K)R COUNCIL MEETING SET FOR MONDAY, NOVEMBER 14,2005,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA * 17. BILLS UPCOMING ISSUES AND EVENTS 2flOS 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. 12/01 • Council Work Session, Thursday, 5:45 p.m. 12/05 • Truth in Taxation Hearing, Monday, 5:30 p.m. 12/07 - Planning Conunission Work Session, Wednesday, 5:30 p.m. 12/12 - Continuation of Truth in Taxation Hearing. Monday, 7:00 p.m. 12/12 - Council Meeting, 7:00 p.m. 12/15 - Council Work Session, Thursday, 5:45 p.m. 12/23 • HOLIDAY, Friday, Observance of Christmas 12/26 • HOLIDAY, Monday, Observance of Christmas ■'M iCliI ■ V w ■’ - y* r. • A *v.U -A'/ ^ .. ' • • ■ ’V ' y-.. -4il ym. it. — -.a . » Uk. ROLL MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,200S 7:00 o'clock p.m. COUNCllME^ NOV 142005 CITY OF ORONO The Council met on the above mentioned date with the following members present: Acting Mayor Sansevere; Council members Jim Murphy and Jim White; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis; Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kiisti Anderson. Mayor Barbara Peterson and Commissioner Lili McMillan were absent. Acting Mayor Sansevere called the meeting to order at 7:13 P.M, followed by the Pledge of Allegiance. CONSENT AGENDA 1. ApprovcfAnscMl Items 8,12,13,14,15,16,17 and 18 were added to the Consent Agenda. Marphy moved, Actlag Mayor Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF OCTOBER 10,2005 Morphy moved. Acting Mayor Sansevere seconded, to approve the Miantes of October 10, I, as snbmUted. VOTE: Ayes 3, Nays 0. PUBUC HEARING - 7:00 P.M. 3. CERTIFICATION OP DELINQUENT UTILinES AND GENERAL SERVICE FEES - RESOLUTION NO. 5394 Acting Mayor Sansevere opened the Public Hearing at 7:16 p.m. Murphy asked if staff had noticed any deviatitm from the normal degree of delinquent paN-ments Moorse stated that they were noticing a pretty typical .lumber of outstanding accounts, though a bit fewer than the previous year. White moved, Mnrphy seconded, adopting RESOLLTION NO. 5394, a Resolatioa proslding for the coUcctloa of delinquent charges for the 2005 sewer and water utility services, the sepde Inspection program, the rccycing program, the false alarms, developers iasprovement fees, and other general service fees. VOTE: Ayes 3, Nays 0. PAGE 1 of 13 .'■***. -- ^ ' J L MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 7:00 o’clock p.m. White noved, Marphy seconded, doting the Public Hearing at 7:17 p.m. VOTE: Ayes 3, Nays 0. PRESENTATION 4. MIKE BASH-ORONO SCHOOL DISTRICT REFERENDUM Bash, a member of the Orono Board of Education, gave a presentation regarding four ballot questions related to funding for school operations and capital improvements on the referendum scheduled for November 8,2005. The four questions include, operating fund, technology, short term renovation bond, and long term renovation bond. As there has been no increase in the state levy. Bash explained that the state legislature has given schools permission to seek an increase directly from the voters. While Orono schools were one of the only few to get 5 stars on all government standards, it ranks 340'" of 343 based on its school tax rate, thereby making it far below average in the amount of spending for its schools. Bash pointed out that, though Orono residents are getting a first rate education for their dollar, eventually that lack of investment will have an impact of the quality of education and property values. Bash explained that the facilities plan includes a short term renovation project of items that must be completed within 5 years to continue basic mechanical operations and long term operations items that must be conqrleted in the next 6-10 years. Bash noted that even if all four questions on the ballot pass, Orono will continue to have one of the lowest school tax rates in the state, while property values continue to rise. Acting Mayor Sansevere asked why the past superintendent was given a package which covered his health care costs for life, even thou^ that supenntendent was no longer at Orono. In fact, Sansevere felt it was a travesty that this past superintendent had not volunteered or been asked to forfeit this perk when he left Orono, thus leaving this burden on the community. Bash stated that, though he was not member of the board at the time, it was his understanding that, oftentimes, alternative compensation packages were enhanced in such a manner to entice certain candidates to the state, though it has now been recognized as a costly alternative. Bash encouraged the Council to look forward. Acting Mayor Sansevere stated that, while he would be supporting all four questions, he would bke to see someone approach the past superintendent and at least request that he consider cutting his ties to Orono by giving up this portion of his alternative compensation packi je covering his healthcare. Murphy mamtained that the City is caught in the classic political effort between government requirements that cities perform at certain levels, lack of funding, which leaves funding up to local municipalities. White thanked Bash for his presenution. noting that schools are the heart of the community, and that in Orono, the quality of education is second to none. ."Hi PAGE 2 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 7:00 o ’clock p.m. Acting Mayor Sansevere asked Bash whether he was aware if the referendum would help alleviate some of the costs for the lower income earners in Orono. Bash stated that he could encourage the Board to consider lowering fees for some things and do a better job of letting people know that assistance is available. 5. SALLY KOENECKE, LAKE MINNETONKA COMMUNICATIONS COMMISSION - 2006 PROPOSED BUDGET Koenecke presented the 2006 budget for Council consideration noting a minimal increase of 2% this year over the past year due mostly to increases in full time salaries. She pointed out that the commission was forming a committee to investigate a wireless option for Orono and other local communities and would be hosting a meeting with the Mayors to discuss this option. Murphy cautioned the Commission to watch this carefully, as it will be a complicated balance between cable, wire, and wireless which must be evaluated over time. He pointed out that if the Commission chooses to spearhead such an endeavor, they will need a commitment from all involved. He asked whether the Commission had purchased the mobile unit last year, as he had not seen it in the community. Koenecke stated that the mobile unit had indeed been used at several parades and city events throughout the lakes area. She encouraged the City to call when the mobile unit is desired and they will make every effort to attend. White moved, Morphy sccoidcd, to approve the 2006 LMCC budget. VOTE: ayes 3, Nays 0. PARK CO!Iv". I ISSION COMMENTS - MICHAEL BUDDY No representative was present for comment. PLANNING COMMISSION COMMENTS - CYNTHIA BREMER Bremer stated that she had nothing to report, but would remain for questions. PUBLIC COMMENTS There were none. ZONING ADMINISTRATOR’S REPORT 6. 005-3124 WILLIAM AND RHONDA OMLIE, 1860 SHADYWOOD ROAD - VARIANCE • DENIAL RESOLUTION 5395 As the applicants were not present, Curtis stated that the 60 day extension will expire on November 7, 2005, and no extension request or revised plans have been received by the City; therefore, the planning staff recommends denial of the variances as requested. PAGE 3 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 7:00 o’clock p.m. White moved. Acting Mayor Santcvcrc seconded, denying the rear yard setback and hardcover variance requests for the residence located at 1860 Shadywood Road. VOTE: Ayes 3, Nays 0. 7. #05-3152 BORLAND DEVELOPMENT ON BEHALF OF JAMES D. MACKINNON ET AL, ‘*3500” WATERTOWN ROAD - SKETCH PLAN: RESHIENTIAL PRD PLAT Acting Mayor Sansevere asked the applicant whether he wished to table the application until more members of the Council were present to hear his application. Bohland stated that he would prefer to be given comments or have a dialogue with the inresent members at this time. Gaffron explained that the applicant proposes to subdivide a 17 acre vacant parcel to create 6 single-family rural residential lots. After an initial plan was reviewed by the Planning Commission, the applicant developed ‘clustering’ concept to allow for preservation of views in accordance with the Rural Oasis Study results. This revised concept was reviewed by the Planning Commission and included a new private road extending 700’ northward from Watertown Road with private septic systems and wells serving the 6 lots all located in the NW quadrant of the property. Although the application is incomplete due to the lack of septic testing and design reports, Gaffron indicated that it was brought forward in order to identify significant issues which the applicant must address, and to gain Council insight whether the PRD ‘clustering’ concept should move forward. Gaffron pointed out that a major difficulty in rural clustering is the need to identify individual septic systems; therefore, it is inqierative that individual lots have adequate area for primary and alternate septic sites. Furthermore, Gaffron noted that where the lot sizes are small as to limit the ability for amenities such as pools, tennis or sport courts, etc. it would be prudent to establish covenants as part of the subdivision process. Gaffron presented several issues for consideration, including, whether or not the Council supports the concept of a PRD development for this site, on the basis that the PRD would allow development of substandard lot sizes in the rural zone; does the Council support 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: and thoughts regarding limitations on future development. Murphy stated that he was unsure how he felt about giving up other things in order to meet the conservation design elements as presented here. He questioned why the lots were laid out as virtual squares on this interesting topographical site. Bohland stated Uut he was driven to lay out the lots in this formation due to access though character of each lot will be realized as development begins and the topography is taken into account as each home is placed on its specific lot. He noted that tliis is a beautiful piece of land and the actual designs will vary from the simple sketch plan seen here. It is because this is such a beautiful piece of land that Murphy emphasized the need to be extraordinanly careful in moving or grading the site and losing its true character. PAGE 4 of 13 ; H MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 7:00 o’clock p.m. Bohlind pointed out that in his previous development. Providence by the Lake, he was recognized and awarded for his ability to work with and preserve the character of the land and create a beautiful development site. He noted that although the first 200 ’ will require excavation to enter the site, it was not Ms intent to excavate the character out of the site and any grading for the homesites would not occur until later. He pointed out that the stormwater pond location could go in outlot B or to the east of that. Murphy pointed out diat this is one of the first opportunities the city has had at taking a first pass at incorporating the rural oasis study into a development and urged the Council to be thorough. He suggested that the applicant meet with Shardlow, the City’s consultant, to review the plan and comment. Gafhxm reminded the Council that there are no Ordinances developed yet that incorporate or implement all of the rural oasis study language; therefore, he agreed that it would be beneficial to meet with and discuss die plan widi Shardlow, especially, to ensure that the septic layouts will work in this scenario. BoMand commended the Planning Commission for moving this development towards the goals of the rural oasis study. Oaffron reiterated the need to ensure that the smaller densely clustered lots are adequately sewered and pointed out to the Council that other concessions might have to be made to preserve the significance of this parcel. Acting Mayor Sansevere asked the applicant whether he was open to covenants and if he wished to table at this time. Bohland stated that he would accept covenants, as he had in his previous development, and that he would table at this time. White conqilimented the developer on his willingness to cooperate with the City and preserve these view sheds. Gaffron asked what the neighbors view sheds will be and whether thought should be given to these. Bohland stated that he had been in contact with the neighbors to the north and that they had not voiced any concerns. He acknowledged a willingness to meet with Shardlow and asked for a timeline. Gaflron stated that a meeting could be set up with Shardlow prior to the November Planning Commission meeting in order to give Bohland time to put together a preliminary plat. No action was taken. iop.PAGE 5 of U II II^HmAi ----- f; li ' ^ 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 - 7:00 o ’clock p.m. *«. M5-3153 CITY OF ORONO, AMENDMENT TO MUNICIPAL ZONING CODE SECTION 78-1577: EXTERIOR STORAGE - ORDINANCE NO. 29,3'^ SERIES Mnrphy moved. Acting Mayor Sanicvcre seconded, adopting ORDINANCE NO. 29, 3'^ SERIES an Ordinance Amendment to Section 78-1577, Exterior Storage. VOTE: Ayes 3, Nays 0. *9. #05-3156 SONYA GARNETT ON BEHALF OF KEVIN GARNETT, 450 ORONO ORCHARD ROAD SOUTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 5396 Mnrphy asoved. Acting Mayor Sansevere seconded adopting Resolution No. 5396, granting a Conditional Use Permit to permit installation of pinmbing, consisting of a bathroom allowing for a toilet, tab or shower and sink, in the existing barn located oa the Dickenson Street side of the property located at 450 Orono Orchard Road Sonth. VOTE: Ayes 3, Nays 0. *10. #05-3157 MARTHA T. MASON ON BEHALF OF SARA MOOS, 2160 WEBBER HILLS ROAD - VARIANCE Mnrphy moved. Acting Mayor Sansevere seconded, approving the front yard setback variance for the home additions, however, denial of the fh>nt yard setback variance for the pergola, for the residence at 2160 Webber Hills Road. VOTE: Ayes 3, Nays 0. 11. #05-3160 JUDSON M. DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH - LOT LINE REARRANGEMENT Gaffiron stated that the applicant proposes to combine and re-arrange the lot lines among three existing tax parcels to result in just two 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 S-acre building site; 2) then rearrange the lot line between this combination and the 21-acre parcel to straighten out the common lot line; and 3) formalize a driveway easement through the 21-acre parcel out to Old Crystal Bay Road to serve the S-acre parcel. With regard to the Planning Commission recommendation to approve the rearrangement, Gaffron pointed out that they recommended the application not be subject to platting, and should not be subject to park fees or stormwater and drainage trunk fees, both of which would be appropriate only if the property is further subdivided in the future. Attorney Barrett questioned whether the City might wish to have an interest in the 30’ driveway easement to avoid any future problems between property owners. In this case, the Council might recommend takmg the 30* easement in order to create a public road at some point if necessar>'. Murphy asked whether the planning staff u'commendatior differed from that of the Planning Comnussion. Bremer posed the question of what might happen if the 21-acre parcel cuirently for sale is further subdivided. PAGE 6 of 13 . i ! I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 7:00 o’clock p.m. Gaffron stated that, in terms of stormwater and drainage fees these do not come into play at this time, but may in the fiiture if the 21-acre parcel is further subdivided. Murphy stated that he had no problem with the combination of the two smaller properties, but was more concerned in the event the larger parcel is sold off what impact this might have. Dayton pointed out that it would be his desire that they And someone to purchase the whole 21-acre parcel and keep it in its current state, but if it is sold and gets subdivided, he would like to combine the two smaller lots for his own later use. John Winston, Orono, applicant’s representative, stated that although no one knows what the future holds, the applicant wishi» to create 2 lots where there are currently three. He pointed out that the city would have an opportunity to address the street easement issue if forced to subdivide at a later date. In addition, the applicant is asking the Council to approve a waiver of the accounting statute at this time. Barrett stated that if the new owner of the 21-acre parcel chooses to subdivide for future development, the City would likely have a second glance. Murphy uked whether the waiver could include the easement requirement to ensure that the driveway or road easement are saved for future use. Dayton stated that it was his intent to keep the rearrangement simple today. Murphy maintained that it is the City ’s responsibility that they be thinking ahead. Winston recommended that he and the city create a declaration of easement which ensures this applicant's access. Gaflron stated that between him and the two attorneys he felt confident they could work up a resolution and easement document for the next meeting. Murphy pointed out that the City has private roads all over the community in which the owners make their own decisions. Dayton agreed to table the application in order to draft the resolution and easement documents Murphy moved, Actiag .Mayor Sausevere seconded, to table the application pending a draft resolution. VOTE: Ayes 3, Nays 0. MAYOR/CITY COUNCIL REPORT Murphy pointed out that the Brown Road bridge opened last Friday with a ribbon-cuning ceremony. White asked when the Old Crystal Bay Road Bridge was slated to be opened. PAGE 7 of 13 wt MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 7:00 o’clock p.m. Murphy noted that it should be open by Thanksgiving. Acting Mayor Sansevere voiced concern he received from a resident requesting that the new Brown Road traffic signal be sped up at rush hour especially. Murphy stated that he would bring this up to MnDOT, acknowledging that several minor details are yet to be resolved as they move forward. PUBLIC SERVICE DIRECTOR’S REPORT •12. REQUEST FOR PAYMENT NUMER 2 - LEE CARLSON BALLFIELD TRAIL PROJECT Marphy moved, Actiag Mayor Saoscvcre seconded, approving Request for Payment Number 2, Lee Carlson Baltflcld Trail Project to DMJ Corporation Inc. In the amount of $21,070.49. VOTE: Ayes 3, Nays 0. •13. AWARD CONTRACT NORTH FARM DRAINAGE IMPROVEMENTS PROJECT Murphy moved. Acting Mayor Sansevere seconded, awarding the contract for the North Farm Drainage Improvements project to Michael Scott Construction LLC, Watertown Minnesota In the amount of S64377 with approval of a budget adjustment to the 2005 Stormwater UtlHty Fnnd budget to reflect this expenditure. VOTE: Ayes 3, Nays 0 CITY ADMINISTRATOR’S REPORT •14. ACCEPT RESIGNATION OF POLICE DEPARTMENT OFFICE MAN4 GER SUE BOBZIEN AND ADVERTISE, TEST AND HIRE PD OPHCE MANAGER POSITION - RECOGNITION RESOLUTION NO. 5397 Mnrphy moved. Acting Mayor Sansevere seconded, accepting the resignation of Sue Bobzien, effective October 30,2005 and to adopt Resolution No. 5397 recognixlag Sue for her 22 years of excellent service. Mnrphy moved. Acting Mayor Sansevere seconded, approving the advertising, testing, and hiring to fill the vacant nmnager pooMoa In the Police D^rtment. VOTE: Ayes 3, Nays 0. •15. APPROVE PART-TIME TEMPORARY ADMLNISTRATRIVE SUPPORT ASSISTANE FOR THE PD Murphy moved. Acting Mayor Sansevere seconded, approving the hiring of Stacie Budlg as an adndnUtratlve support a^staat on a part-tiiiie temporary basis for a period of time not to exceed six months, beginning October 31, 2095 at the Step IV, Level 4 pay rate of $18.27. VOTE: Ayes 3, Nays 0. iL.. PAGE 8 of 13 J i. IL. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 24,2005 7:00 o’clock p.m. *16. REPLACEMENT OF BULLET-PROOF VESTS Mnrphy OMved, Acttag Mayor Saoicvcrc seconded, approviog the pnrchase of bnllet proof veita at SMOO, authorising expeadUire from the FIR In 2005, and apply for available refanbnreement la 2006 which win repay the PIR, and the balance to be paid from the Uniform Line Item in the police bndget. VOTE: Ayes 3, Nays 0. *17. MCWD AGREEMENT REGARDING FUNDING, AND CONSERVATION EASEMENT - BIG ISLAND VETERANS CAMP PROPERTY Mnrphy moved. Acting Mayor Saasevere seconded, approving the agreement between the MCWD providlag SS504NI0 of Binding for the City’s pnrchase of the Big Island Veterans Camp property, as well as the rdated coaservatloa easement, and to anthorize the Mayor and CMy Admiidstrator to siga the agreement and the conservation easement. VOTE: Ayes 3, Nays 0. CITY ATTORNEY’S REPORT Attorney Banett had nothing to report. *18. UCENSES Residential Kennel License 1. Lanra Dosearoth 3485 Casco Point Road Mnrphy moved. Acting Mayor Saasevere seconded, to approve the above license. VOTE: Ayes 3, Nays 0. *19. BILLS Mnrphy moved. Acting Mayor Saasevere seconded, to approve payment of the AN Fnnds acconnt VOTE: Ayes 3, Nays 4 ADJOURNMENT White moved, Mnrphy seconded, to adjourn the Oroao City Council Meeting of October 24, 2405 at 9:05 P.M. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, MayiM* PAGE 9 of 13 V V ■NL„. >s.. “^3142 3160 3157 \i cx ;n (' /. V \V. % \ \ i\ d O f a. J \C ''N. V. ■ V. ;’^.<f'i^ik \ y r C V. y w AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 14,2005, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, >nNNESOTA (•) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Coimci! under the Consent Item^ on the agenda. Memos regarding each of the Agenda items aic available in tlu* Public Packet - located on the counter near the sign in sheet. COUNCIL MEETING NOV 1 4 2005 CITY OF ORONO ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Appr ‘:v^'^\lncl:d APPROVAL OF MINUTES • 2. Regular Council Meeting of October 24, 2005 PARK COMMISSION COMMENTS - Laurie Esau. Representative PLANNING COMMISSION COMMENTS - J Marc Fntelcr, Representative PUBLIC COM.MENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR S REPORT 3. #05-3142 eVistopher and Emily Chapman. 3775 Ba>*sidc Road • Variance •• 4. #05-3157 Martha T. Mason on behalf of Sara Moos, 2160 Webber Hills Road • Variance - Resolution 5. #05-3160 Judson M. Dayton. S25 Old Crv'stal Bay Road South • Lot Line Rearrangement - Resolution 6. Gate Height Appeal Continualion MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 7. Change Order #3 • Lee Carlr.on Baseball Field Tr.ii! Project S. Request For Final Payment Navarre Water Tower Reh»*ibihtation CITY ^JD.MINISTRATOR S REPORT 9 Approve Mn/DOT Maintenance Agreements Related to the Highway 12 Project - Resolutions 10. Approve Purchase cf Property at 1 ISO Lyman .^venac 11. Resignation ofPan-Time Police Officer-Chns Pharo 12. Authonzaticn to Sell Forfeited Vehicle 13. Three Pavers Park Distnet Application For Limited Fireairns Use Permit-For Deer Hunt In Baker Park 14. Letter of Recognition to Wayzaia .Mannc cit: .\ttor:s£V’S report 15 LICENSES Kennel 16. BILLS IPCONUNG ISSUES AND EMINTS 2005 11/15 - Council Work Session, Tuesday . 5 45 p.m. 11/21 - Planning Commission Meeting. 6 00 p.m. (Council Liciisofi -3cb Sa/fse^’erc) 11/24 - HOLID.AY. Observance cf Thanksgivi.ng Day 11/25 - HOLIDAY, Observarxe of Thanksgiving Day 1 U'2S - Council Meeting, ":00 p.m 12/01 - Council Work Session. Thursder,. 5;4f p.m, 12'05 - Truth m Taxation Hcanng. A\hnday 5 30 p.m 12 07 • Plannmg Ccnunission Work Session. Wcdmsd.'ty , 530 p.m 12/12 - Continuation of Truth in Ta\at;o:: Hear.ng. Mof duy 7 00 p m 12/12 • Council Mecti.nz. 7.00 p in 12/15 • Council Vv'orjc Session. Thund:iy 5 4f p m 12-23 • HOLIDAY. F^ idc\ Obscr/ance cf Cir;sinus 2L. Date Applicatioii Received: 7-20-05 Date Application ConeMered as Complete: 10-11-05 60-Day Review Period Expires: 12-10-05 REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV 1 42005 CITYOFORONO Date: November 7,2005 Item No.: 3 Department Approval:Administrator Approval:Agenda Section: Name: Janice Gundlach)^ Zoning Title: City Planner Item Description: #05-3142, Christopher & Emily Chapman, 3775 Bayside Road - Variances Zoning Diatrict: Lot Aren: Lot Width: LR — I A, One Family Lakeshore Residential District (2 acre minimum) 0.94 acres (41,220 s.f.) Approximately 460’ @ shoreline; 420’ @ 75’ setback List of Exhibits A - PC Minutes of 10-17-05 B - PC Action Notice dated 10-19-05 C - PC Memo and Exhibits of 10-13-05 ApptiaMom Summary: Applicant requests the following variances in order to construct a 12’ x 12’ shed on the property: 1. Hardcover variance to permit hardcover within the 0-250’ zone of 30% where 0% luirdcover in the 0-75’zone and 25% in the 75’-250’ zone are normally required and 30% in the 0-2S0’ zone was approved by variance in June of 2004. 2. Street/rear yard setback variance to permit the proposed shed to be located 21’ from the property line where 50’ is normally required and the existing home was permitted to be setback 21 ’ from the property line by variance. (Hardcover is measured within 0-250’ from the lake as the required street setback and lake setback overlap requiring hardcover to exist within 75’ of the lake. This 0-75’ hardcover is transferred back to the 75’-250’ zone where 25% would be the maximum allowed hardcover on the property.) Pbaning ComroisshNi Recommendation The Planning Commission, on a motion to deny, voted 4-1 with the dissenting commissioner stating support for a 10’ x 10’ shed pending removal of like amounts of hardcover. The main issue discu^ during the public hearing was whether stepping stones should be permitted to replace a full sidewalk in an attempt to remove like amounts of hardcover. J !kr ' xil Staff Rccoaneodation Staff recommends that the Council discuss the policies of trading non-structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request. In re^nse to the Planning Commission ’s concern regarding the amount of sidewalk hardcover staff would like to offer the following: • The minimum standard for sidewalk width is 2*. The applicants would like to install stepping stones, which total 22.5 s.f. and account for a reduction of 97.S s.f. of total hardcover. Based on the length of sidewalk, if constructed to the minimum width of 2\ sidewalk hardcover would equal 51.5 s.f. or account for a reduction of 68.S s.f. If the Council finds that a shed is reasonable, based on the constraints of this property, and would like to support construction of the shed, the iqiplicant could be asked to reduce the proposed shed by an additional 29 s.f. to make up for the sidewalk hardcover discrepancy noted above (whether the sidewalk is constructed to the minimum width or 2* or whether the stepping stones installed). This would allow for a shed 118.5 s.f. in area (possibly 10’ x 10’ or 10’ x 12 ’) and constitute removal of like amounts of hardcover. COUNCIL ACTION REQUESTED Direct staff to draft a resolution incorporating your decision for adoption at the next regularly scheduled meeting. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moaday, October 17,2005 6:00 o'clock p.ai. ipf stated the clustering idea is a rather gray area, but when you weigh the view verailS the amount of rooiiMte developer should avoid the feeling of the houses being crowded. Rahn concuhad that the setback should be kept at 30 feet. Bremer stated th^apperty owners would not need to build up to their y/back. Bremer stated she personally likes the idolmf pushing the lots up a little bit and that sMe would like to see the trees on Lot 3 remain. Leslie inquired whether the cul-could be located more at the intersection of Lots I and 2 and whether that would help push the lots oAfurther. Gronberg indicated that is just a temporary Q^^-sac. Rahn concurred the Council should reviev^is]mlication to see whether they would be agreeable to this type of clustering concept Leslie stated he would like to Council support thisl^lication since it helps to preserve the rural oasis feel and still provide sufficient lot sizes. Gronberg stated in his the development will not be very visibleSom Watertown Road. Gaflron recommends the Planning Commission make a motion requestinmat the Council review tliis application cooMptualiy for PRD and clustering concept Rahn Kempf aec onded, to table AppUcation #05>31S2, Bohland DcvelopItoBt oa behalf of Jmnum, Mackiaaoa, et al, **3500** Watertown Road, to allow for council review of tWplaB to inaiae if it meeta the staadarda of the Rural Oasis Pba. VOTE: Aycs5,Nays0. NEW BUSINESS 4. 005^142 CHRISTOPHER AND EMUY CHAPMAN, 3775 BAYSIDE ROAD, VARIANCE, 7:18 PJf. - 7:39 PJM. Emily Chapman, Applicant, was present PAGE 12 I uitiiiiTt a MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moaday, October 17,2005 6:00 o’clock p.m. Gundlach stated the applicant is requesting two variances in order to construct a 12’ by 12’ shed on the property east of the existing garage. A hardcover variance is being requested to permit hardcover within the 0-2S0’ zone of 30 percent where 0 percent hardcover in the 0-75’ zone and 25 percent in the 75’-250’ zone are normally required and 30 percent in the 0-250’ zone was approved by variance in June of2004. In addition, the applicant is also requesting a street/rear yard setback variance to permit the proposed shed to be located 21 feet from the property line where 50 feet is normally required and the existing home was permitted to be set back 21 feet from the property line by variance. Gundlach noted the property had received variances for the required street (rear) yard setback, lake setback, and hardcover in June of2004. The property is unique in that its area is quite large due to the length of shoreline; however, is very shallow where the required street or rear yard setback overlaps with the required 75-foot lake setback. At the time the 2004 variances were approved, the applicant, who was the builder and not the current owner, requested to rebuild on the existing footprint, which was approved as no compliant buildable area existed on the property. The applicant had indicated that they would like to remove non-structural hardcover, like the sidewalk and driveway, in an effort to obtain approval of the construction of a shed to store lawn equipment and other items. While no elevation views of the proposed shed have been submitted, the applicants have indicated the shed will be constructed of materials consistent with the architectural style of the home. The applicants have proposed to remove 147.5 square feet of non-structural hardcover in order to be permitted a shed. This would result in a net decrease in the hardcover of approximately 3.5 square feet Staff finds that the property is unique due to the overlapping street and lake setback requirements with the additional wetland restrictions. Those hardships are documented in Resolution 5198 approved in 2004. The proposal meets the intent of the code, being that no increase in hardcover is proposed, the shed is not located closer to the street than the existing house, the lake setback is met, as well as wetland and side 3^ setbacks. However, a remaining issue is the City policy that non-structural hardcover should not be traded for structural hardcover. This policy has been enforced in a manner consistent with the intent and PAGE 13 ---------- ■a . .1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17,2005 6:00 o*clock p.ni. provisions of Resolution No. 4006 and depending on the reasonableness of the request and the various constraints of the property, has on occasion been waived through the variance process. The Planning Commission should determine whether a trade of non-structural hardcover should be permitted for construction of the proposed shed. Staff recommends that the Planning Commission discuss tlie policies of trading non-structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request in making a recommendation to the City Council Chapman had nothing to add to Staffs report. There were no public comments regarding this application. Fritzler indicated he is opposed to trading non-structural hardcover for structural hardcover since non-structural hardcover has a tendency to reappear after a period of time. Rahn concurred that the Planning Commission typically does not trade non-structural hardcover for hardcover. Rahn inquired whether accessory structures have been allowed to be located in front of principal structures in the past. Rahn expressed a concern that the structure would be rather visible in the proposed location. Chapman stated the structure would be located behind a row of tall fir trees. Chapman stated diey did consider an ahemate position, which was in the view of a neighbor, so they elected to position it behind the fir trees. Chapman stated a person would be able to see tlie shed at an angle from the street. Chapman indicated the property also slopes quite a bit, which makes this spot more conducive. Rahn inquired whether the applicant currently has a two-car garage. Chapman stated they do have a two-car garage. Kempf stated in his view the proposed location is not an intrusion to the neighbors, but that he docs have a problem with trading the non-structural hardcover for structural hardcover. Kempf stated there is a piece of asphalt around the garage that should be removed, but that he has a concern regarding the removal of the concrete sidewalk that goes from the driveway to the front door and replacing it with PAGE 14 Jl MINUTES OF THE OftONO PLANNING COMMISSION MEETING Moaday, October 17,2005 6:00 o*clock p.m. mulch and some stepping-stones. Kempf stated the applicant is probably doing that in good faith but that in all likelihood a future owner will replace those stepping-stones with a concrete sidewalk. Kempf stated whenever something that enhances the usability of the house is removed, it tends to reappear in the future. Leslie stated he is in agreement with the comments already expressed. Bremer stated to her recollection the Planning Commission was happy at the time the builder was originally before the Commission that the hardcover on this lot was being reduced. Bremer stated the fact that there is a two-car garage on this lot would help persuade her to allow a smaller shed, like a 10’ by 10’ shed, with all the other reductions proposed by the applicant. Bremer stated the Planning Commission has approved houses in the past without a front sidewalk and without concrete landings, which is the right of the property owner, and that the Planning Commission should assume that this property owner will remove the sidewalk and comply with what she is proposing. Bremer inquired whether Staff is opposed to swapping non-structural hardcover with structural coverage. Gaffron stated the City has adopted two resolutions in the past few years, with the Council finding it beneficial to make a distinction between the removal of plastic and landscape fabric as opposed to other hardcover. The Council found that plastic and landscape fabric was not to be used as a trade-off for a hardcover reduction. Gafiron itKed sidewalks and concrete pads typically do not require a permit and that perhaps those hems should have beat included in the resolution. Bremer inquired whether there is an)hhing that prevents a property owner from not having a concrete walkway leading to their front <k Chapman stated they currently have a relatively wide concrete walkway and that they would prefer a more natural looking walkway. Chapman stated there also is a concrete landing by the front door. Chapnum indicated it was their intent from the time they purchased this lot to replace the concrete walkway with something more natural. Bremer noted the concrete landing would be required. PAGE 15 1 MINITTES OF THE ORONO PLANNING COMMISSION MEETING Moaday, October 17,2005 6:M o’clock p.m. L^lie inquired whether the hardcover excluded the steppingstones. Gundtach indicated the applicant has accounted for the stepping-stones in her hardcover numbers. Rahn stated a property owner is not specifically required to have a sidewalk, but that it is likely that a concrete front sidewalk would likely reappear at some point in the future. Rahn noted on some applications in the past the Planning Commission has included a front sidewalk in hardcover calculations even when it was not originally designed that way. Chapman stated the entrance they use to the house is typically not tlie front door. Rahn inquired whether there are any oHier areas where hardcover could be removed. Rahn noted the previous resolution required the removal of 80 square feet of patio. Rahn slated he would prefer a third stall on the garage rather than a shed. Chapman inquired why a third stall would be preferred rather than a shed. Rahn noted there are no height restrictions on sheds and that the Planning Commission currently does not have a plan showing the design of the shed. Chapman indicated they would like to make the shed similar to the house and that they would like the shed to store various items. Chapman indicated she would be willing to submit plans of the shed. Kempf stated the applicant ’s husband also explained that the shed would be similar in appearance to the house. Chapman stated they would be agreeable to consider a diird stall on the garage but that they had the understanding it would require a significant variance. Rahn stated he would not be in favor of trading the front sidewalk for a shed. Rahn stated he understands the need for storage, but that the Planning Commission typically does not trade non-structural hardcover for structural hardcover. Chapman indicated the steppingstones were planned regardless of whether they build the shed or not, Rahn inquired what the size of the current garage is. Gundlach staled the garage is approximately 25 ’ by 28*. PAGE 16 ■----------------,1^ 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Mondayt October 17,2005 6:00 o'clock p.m. Bremer stated given the length of the lot and the location of the shed behind the treesv she would be in favor of a 10 ’ by 10 ’ shed subject to plans being submitted. Fritzler staled the fact that there are trees there now does not guarantee that there wilt be trees there in the future. Leslie Moved, FrMiler secowled, to recoHmeod deaial of applicalion #05-3142, Christopher and Emily Chapman, 3775 Bayside Rmid. VOTE: Ayes 4, Nays 1, Bremer Opposed. #054146 MARK AND PAMELA PALM, 1447 PARK DRIVE, VARIANCES, 7:40 P.M - [M, Mark PalmSApplicant, and Tom Brennan, Friend, were present. Oundlach stated mmiDplicant is requesting the following variances in order to repi^ an existing detached garage: A hardcover variance to pemliQ6.S8 percent hardcover withinthe 7S’-2S0 ’ zone where 25 percent is normally allowed and 37.08 itly exists^ 2. A hardcover variance to permit 38.10 percent (ver within the 250 ’-500 ’ zone where 30 percent is normally allowed and 41.27 percent curraftly existsi 3. Side yard setback variance to permit amde yard setback of flv^^t where IS feet is normally required for a detached building in exern^f 750 square feet and a 1.5-foot currently exists. The applicant applied for similar Mmances in March of2002 to replace the existing ^Ntee with a 24’ by 35’ garage with storage abopC Ultimately, approval was granted for a 22’ by 34* garage variance approval exnjiod on July 22,2003. The applicant then submitted to renew that variance ii^My September 200&mowever, upon receipt of the necessaiy plans, it was determined that the proposed garage dim^ions were changing, causing the hardcover numbers to vary slightly and thus requiring revieu^f an entirely new application. No other variances have been applied for or approved for this in the past PAGE 17 i .■>5 •' i CITYOFORONO 27S0 Kdlcy Parkway P.O. Boi 66 Crydal Bay, MN 55323 (952) 249-4600 ZONING FILE; 05-3142 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19,2005 TO:Christopher & Emily Chapman 3775 Bayside Road Ung Uke, MN 55356 COPIES: TYPE OF APPLICATION: Hardcover, Street/Rear Yard Setback Variances DATE OF MEETING: October 17,2005 Plaoniag Comnission recommended as follows: To deny the requested variances based on the following: • Conversion of a solid sidewalk to front stepping stones is not acceptable due to the likeliness that a Ml sidewalk will be replaced in the future, and • Non-structural hardcover should not be traded for structural hardcover. VOTE:FOR 1 AGAINST The dissenting commissioner would have permitted a 10' x 10* shed with the hardcover removals as proposed. Applicant’s next scheduled meeting is confirmed as: City Council - Monday, November 14,2065; meeting starts at 7:00 p.m. If you desire certified copies of the ofificial Planning Conunission or Council minutes, th^ are available from foe 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. Date AppIkatioB Received: 7-20-05 Date Applicatioa Confidcred as Complete: 10-11-05 M-Day Review Period Expires: 12-10-05 M>S-3I42 October 17,2005 Page 1 ofS Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner October 13,2005 05-3142, Christopher & Emily Chapman, 3775 Bayside Road, Street Yard Setback Variance, 75’-250’ Hardcover Variance, Public Hearing Zoning District: LR - 1 A, One Family Lakeshore Residential District (2 acre min.) Lot Aren; 0.94 acres (41,220 s.f.) Lot Width: Approximately 460 feet @ Shoreline; 420’ @ 75’ Setback To: From: Dntc: Subject: AppIkatloH Summary: Applicant requests the following variance in order to construct a 12’ X 12’ shed on the property: 1. Hardcover variance to permit hardcover within the 0-250’ zone of 30% where 0% hardTOver in the 75’-250’ zone and 25% in the 250’-500’ zone are normally required and 30% in the 0-250’ zone was approved by variance in June of 2004. 2. Street/rear yard setback variance to permit the proposed shed to be located 28’ from the property line where 50’ is normally required and the existing home was permitted to be setback 21.8 feet from the property line by variance. (Hardcover is measured within 0-250’ from the lake as the required street setback and lake setback overlap requiring hardcover to exist within 75’ of the lake. This 0-75’ hardcover is transferred back to the 75’-250’ zone where 25% would be the maximum allowed hardcover on the property.) St^ff Rtcommandatiou: Staff recommends that the Planning Commission discuss the policies of trading non-stnictural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request in making a recommendation to the City Council._______________________________________________ Pertinent Zoning Ordinance Sections 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. Sec. 78-305. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: MOS-3142 OctobM^ 17,2005 Page 2 ofS Lot Area (kiv)Lot Width (feet)Front Yard (feel)Side Yard (feet)Side Yard Adjacent to Street (rect) Rear Yard (feet) 2 200 50 30 50 50 List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Existing and Proposed Survey Exhibit D - Hardcover Calculation Worksheet Exhibit E - Resolution SI98 Adopted in June of 2004 Exhibit F - Resolution No. 4006 RE: Hardcover Policies Exhibit G - Photographs Exhibit H - Aerial Photograph of Property Exhibit I - Property Owner’s List Exhibit J - Plat Map Background The property received variances for the required street (rear) yard setback, lake setback, and hardcover in June of 2004. The property is unique in that its area is quite large due to the length of shoreline (460*), however is very shallow whereby the required street or rear yard setback overlaps with the required 75’ lake setback. At the time the 2004 variances were qjproved, the aj^licant (who was the builder not the current owner) requested to rebuild on the existing footprint, which was approved as no compliant buildable area existed on the property. Tlie property has now been purchased by the q>plicants who wish to remove non>structural ha^cover, being sidewalk and driveway, in an effort to be permitted construction of a shed to store lawn equipment, bikes, etc. While no elevation views of the proposed shed have been submitted, the applicants have indicated the shed will be constructed of materials consisted with the architectural style of the home. LOT ANALYSIS WORKSHEET LotAraa/WMtb #05-3142 October I7« 2005 Page 2 of5 Side Yard Adjacent to Street (feet) Rear Yard (feet) 50 50 ■ f •' ) yard setback, lake setback, t its area is quite large due to lereby the required street or ack. At the time the 2004 Ider not the current owner) approved as no compliant now been purchased by the sing sidewalk and driveway, m equipment, bikes, etc. ibmitted, the applicants have 1 with the architectural style Lot Width 200 ’ 460’ @ Shoreline 420* @ 75’ Setback Prnpnssd N/A ■Vj #05-3142 October 17,2005 Page 3 of 5 Rear 50’21’ - home 21’-shed Left Side 30’ lO’-accessory building under 750 s.f. 32’NO CHANGE Right Side 30’ lO’-accessory building under 750 s.f. 272’190’-shed Lakeshore 75’ 50’ - Patio 56’ - Deck 60.5’ - House 93’-shed Average Lakeshore N/A N/A N/A Hardcover Calculations Total Lot Area Total Structural Coverage 41,220 s.f. (0.94 acres)Allowed: 6,183 s.f. (15%) Proposed: 2,619 s.f. (6.4%) Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 29,790 s.f.0s.f (0%) 1,050 s.f.* (3.5%)No Change 75 - 250 11,430 s.f.2,858 s.f. (25%) 2,290 s.f.* (20%) 2,286.5 s.f. (20%) 0-250 (transferring 0- 75’ hardcover back to 75’ - 250’ zone) A m m 11,430 s.f.2,858 s.f. (25%) 2,286.5 s.f. (20%) + 1,050 s.f.(30%) transferring 0- 75’ hardcover back) 3.336.5 s.f. (29.2%) - reduction of 3.5 s.f. total * After exclusion of fabric or plastic-lined landscape beds Street (Rear) Yard Setback Variance The accessory building section of the code requires all accessory buildings on lakeshore lots meet the required street yard setback and be no closer to the street than the principal building. The LR - lA zoning district requires a 50’ setback from Bayside Road. The applicant would like to build a 12’ x 12’ shed 28 ’ from Bayside Road, which requites approval of a setback variance. The proposed shed would meet the requirement of being no closer to the street than the prineij^ building by approximately 6 feet. jtazljt'c.M.tfSLsaiJSnsa »• m-3142 October 17,2005 Page 4 of5 Hardcover Variance (0-75* & 7S ’-250* zones) The property has two hardcover zones; the 0-75’ zone and 75’-250’ zone. 1,131 square feet of hardcover currently exists in the 0-75’ zone where 0 s.f. is normally allowed. Also, 2,298 s.f. (or 20%) hardcover exists in the 75’-250’ zone where 25% is normally allowed. However, in order for the entire property to be within allotted hardcover allowances the 0-75’ hardcover gets transferred back to the 75’-250’ zone (or 0-250’) bringing the hardcover in the 73'-250’ zone to 3,429 s.f. or 30%, which was approved in the June 2004 variances. The applicants have proposed to remove 147.5 s.f. of non- structural hardeover in order to be permitted a shed. This would yield a net decrease in hardcover of approximately 3.5 s.f. The removals consist of a smaller front sidewalk and elimination of the driveway snip along the side of the garage. Hardship Statemeat Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysfa /« coHskteriHg MppUc0thHt/br \mrtance, the Ptanalng Commission shall consider the effect of the proposed variance npon the health, safety and welfare of the community, existing and anticipated traffic conditions. Intend air, danger of fire, risk to the public sitfety, and the tyfect on valuesof property In the surrounding area. The Hanning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consUenuhn, and shall recommend approval only when U Is demonstrated that such acrions wUI be In keying with the spirit and Intent of the Orono Zoning Code. Staff finds that the property is unique due to the overlapping street and lake setback requirements with the additional wetland restrictions. Those hardships are documented in R^lution 5198 aj^roved in 2004. The proposal meets the intent of the code, being that no increase in hardcover is proposed, the shed is not located closer to the street than the existing house, the lake setback is met, as well as wetland and side yard setbacks. However, a remaining issue is the City policy that non-structural hardcover should not be traded for structural hardcover. This policy has been enforced in a manner consistent with the intent and provisions of Resolution No. 4006 (attached as Exhibit F) and depending on the reasonableness of the request and the various constraints of the property, has on occasion been waived through the variance process. The Planning Commission should determine whether a trade of non-structural hardcover should be permitted for construction of the proposed shed. WcUand Impacts While this application was made prior to adoption of the current wetland ordinance and would not be subject to the new wetland ordinance restrictions, the proposed location of the shed meets the 50’ buffer and 20’ setback from the buffer from the delineated edge of the “preserve” wetland. Installation of a buffer would not be required as the thresholds noted in Section 78-1601 (cX4Ka-c) are not met. Technically, the applicant is only required to meet a 26’ setback. mk:■:,mT ■'ht j\ • m ri [±i ’ ••(^•- .'wi MM-JI42 October 17,2005 Pages of S Issues for ConsMcration 1. Should non-structural hardcover be permitted as a trade for structural hardcover? 2. Is the request reasonable? 3. Arc there any other issues or concerns with this application? Staff Recommendation Staff recommends that the Planning Commission discuss the policies of trading non structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request in making a recommendation to the City Council. , I 1 ■, . wm.rnmmmrnm yy-a--JSi£Si ■ •*>*. f^-4 . 4 ‘T;*" mk:mm •. ■■ ’ < iir'f i City ot Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN S53S6 Application # QS Date Received;mu -jf.! Qv.?!fV Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Amount Paid; 4hOO Staff ; Fee;$600 Renewal; $300 After-the-fact; $1,200 Double Fee This application form must be completed in fuli. App icant 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 Adoress: Property Identification Number (PIN)-za- 2J4- oiii (Attach legal description to application If nt^ included on the survey.) Date Property Acquired (month/year): [p]□ Yes, I own the adjacent parcels. Present use of property: ^ Residential □ Other Zoning District: Lxl - lA________X APPLICANT INFORMATION: (Complete legal na.r.es and marital status required for each interested party) Phone (home): g Phone''(work): uit Address. _____ DPt-tPY^^ ^/2jy.jija^in\p-r-cn'rvt> ^ .AroL.. Fax: .l:. 'c\i t>C OWNER INFORMATION: (Complete legal names a.*d marital status required for each interested party) Name: _______________ Phone (home): Address: ___ Email: Phone (work): Fax: DESCRIPTION OF REQUEST: Estimated Project Cost: Describe the request in detail (attach additional sheets If necessary): |77 I ^ r iirM> r-h_____^*IJ , - cJ>-> ^ 6^A, u>o^aL^ /2_7^ /Z-' CcY^^drb'^-^t> Ist^^ Gry\— -to c’J^ -fh-^ f^eyr^ (cjl A oa ^ — U>HK> u4inJul=k^ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. 1 □□□□ Pre'Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners withiq 150 ’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department_pt Finance, Government Center, A-603 300 South 6 ”’ Street, Minneapolis, telephoneiSI 2-34^5910^irte" □□ □□ Original Certificate of Survey (signed by a licensed sun/eyor), meetirfg all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11” or 1 r 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" xlTorlTx 17"). Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide 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: Date: Date: "7- f ~7~ ) OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner ’s Signature: Owner ’s Signature:£ Date: Date: -7 - c Applicant must have all submittals Into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant Is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and exlvise the City Planner assigned to your project. -t City of Orono Pre>Application Meeting Form (This form Is to be completed by a City Planner during your pre-application meeting.*) Street Addnas: 2750 Kelley Parkway Orono, MN 5S3S6 MaHIng Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner; , /AN.)6£ Main: 952-249-4600 Fax: 9?i3 4616 Meeting Date/Ti^|^ ^ ‘ PC Date:WiTTTnzr- What la tha purpoaa of a pn-appllcatlon 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: _____HA Property Identification Number (Plf^: _£>5" — !\1 2.4/ - f>/;( Zoning District: \JL~} A Size of Property: DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback ^Hardcover □ Lot Coverage “Q Other: □ Rear Yard Setback □ Lot Area ^&ea4Yard Setback □ Lot Width Applicant's Initials: HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Pleate note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature:-TP>Date:7'/ r- 05" n,It o 5 : L Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated In order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships, in order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address ail the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.” .jLlJL ! A 2."The plight of the landowner is due to circumstances unique to his properly not created by the landowner.” /si. 2.1. U Sb ceh / lance, ft c tfY\. Jix'/tYL^ . /ifWM dJ- ntial character of the locality^"The variance, tf granted, will not alter the essential character of the localit) t-PD..^ /t- - LiiZ.ll 1—. a J-— - //> "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." __WruJ eLr__ //OTr r \ \o •iL. I- 1 6. I • t 7. a 9. 11. Page 2 of 3 ‘Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 1 16J.06, Subd. 2, when in hamiony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person’s land is located.” "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." a/|a "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 4b -hk 4^ "The conditions do not apply generally to other land or structures in the district in which said land is located." .1- "The granting of the application is necessary for the preservation and enjoyment of a substantial properly right of the applicant.* X4L "The granting of the proposed variarlce will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." ___________‘•'TTq 7 J______________________________ Q 1 9a X ^ 4 Page 3 of3 The granting of such variance will not merely serve as a a to the applicant, but is necessary to alleviate demonstrable hardship v i ' ^ ” _______fPLjLJJLenjtJ U'k j /rtX- ‘ ^^t.r-n tit _________________________________________ ^ Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): I:-:-t ■a" CALE FEET EXISTING AND PROPOSED ELEVATIONS GARAGE FLOOR=942.3 TOP OF FOUNDATION =942.5 LOWEST FLOOR=935.0 NOTE EXISTING FOUNDATION TO REMAIN VERIFY AND USE EXISTING ELEVATIONS PROPOSED TO FIT EXISTING FOOTPRIN BENCHMARK TOP SAN MH O ELEV = 939.9 4>0P L 1 > O' / I / y / / >) ’ = EXISTING SPOT ELEVATION. 1.0) - PROPOSED SPOT ELEVATION ■■■ = DIRECTION SURFACE DRAINAGE ^9, !?vO / c o>- / / It/// I I I I \tr»I / / / .5 / L% % I ,c / / V 9^/ / // /. / r w$.i> / / 1 A > V-K5 a-a ONC / V' / • DESCRIPTION: PART OF LOTS 5,6,7,8.13,15,16,19.20,21,22,23 AND 24, OTTOVILLE ON LAKE MINNETONKA HENNEPIN COUNTY, MN. LOT AREA TO OHW= 41220 SF/ 0.94 AC LOT AREA<75 SETBACK = 11430SF/0.26 AC X 25% = 2857 SF ALLOWABLE HC ?) _________ //// I. I I / q\ I .r-'" / .. - 0-^^ AkF. M/N Cl' cp?>- I EXISTING HARDCOVER ' 0-75 HOUSE = 570 SF DECK = 395 SF PATIO = 185 SF' TOTAL = 1150 SF <75 HOUSE =1538 SF STEP = 40 SF WALK = 120 SF DRIVE = 600 SF PROPOSED HARDCOVER 0-75 HOUSE = 550 SF DECK = 395 SF PATIO = 185 SF TOTAL = 1130 SF <75 HOUSE =1530 SF STEP = 40 SF WALK = 120 SF DRIVE = 600 SF total = 2298 SF (20.0%) TOTAL = 2290 SF (20.0%) / ->(7lLU ^ o M 3 ID / qi 3: / / u_ CL cn O 2: (N LU UD Q 05 (D UJ ij *-l a a ^ N ■ioS' *PI * rjuTT* ■'I V. visS >5<p V cr :4mm 1 - , . ^ < HARDCOVER CALCULATION WORKSHEE’ SETBACK ZONE; (CIRCLE ONE) 0-75' ^5-250'250-500'500-1000' EXISTING HARDCOVER IN ZONE A. House Length X X X B. Cange C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______________ A + B + B PROPOSED HARDCOVER IN A. House Length X X X B. Oarage C. Driveway X X D^^^det^lk x E. Patio/Deck F. Landscape Underlain By Plastic X X X O. Other J2-.X 12. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B Width SJ. S.F. S.F. S.F. S.F. ;bidc, ' }Cl> S.F. - S.F. /■V IlLfj S.F. ________S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 - xlOO - 7?:2/iC) S.F. A S.F. B Width KaO S.F. S.F. S.F. S.F. S.F. rO *=:</> S F. y ^ S.F. <7-7..<~S.F.^_5E_s.f. S.F. S.F. S.F. S.F. S.F. & S.F. i2iitL^F. A xIOO - S.F. B 20 % .^3nn A O ■' ‘■-± * •*» i ^ CITYof ORONO j ^ 1^'t k-1 ^SBByi RESOLUTION OF THE CITY COUNCIL NO_______i¥. H A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282,78-1288,78-305 (B) RLE NO. 04-3017 WHEREAS, Spruce Hill Properties, Inc., (hereinafter "the applicant") is the owner of the property located at 3775 Bayside Road within the City of Orono (hereinafter the “City”) and legally described as follows; See Attached Exhibit A (hereinafter the “property ”); and WHEREAS, the applicant has made application to the City of Orono for hardcover, lake setback, and street yard setback variances to Orono Municipal Zoning Code Section 78-282, 78-1288, and 78-305 (B) to allow an extensive remodel of the existing building which consists of renovating the first floor and re-constructing the */i story above. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mirmesota: FINDINGS 1. 2. This application was reviewed as Zoning File /^04-3017. The property is located in the LR - I A, One Family Lakeshore Residential District, which requires a minimum lot area of 2.0 acres. The applicant’s property is 0.94 total acres in area. 3.The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of the hardcover, lake setback, and street yard setback variances based on the following findings: a. The configuration of the property causes the required take yard setback and street yard setbacks to overlap resulting in no buildable area unless variances are granted. Page 1 of 6 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ________ b. The existing house is located in the most conforming location of the lot. c. The proposed remodel will take place entirely within the existing footprint. d. The proposed remodel will yield a net reduction in hardcover of 108 square feet. 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5.The City Council finds that the conditions existing on this property are peculiar to It and do not apply generally to other property in this zoning district; thit granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; uould 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 me applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants hardcover, lake setback, and street yard setback variances to Orono Municipal Zoning Code Section 78-282, 78-1288, and 78-305 (B) to allow an extensive remodel of the existing building which consists of renovating the first floor and re-constructing the Vi story above, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 6 f '#1 ''IV A ^ I > 1 GITYof ORONO Jit e8H«^ RESOLUTION OF THE CITY COUNCIL NO. ______S 1 2. Hardcover in the 0-7S’ zone shall not increase above the level of 3.S%. Hardcover in the 75’-250* zone shall be limited to 3,340 s.f. or 29% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. # 4. Required removals of structure and hardcover shall be completed and confirmed at the time of the initial required construction inspection. S. Applicant shall remove 80 s.f. of patio on the lake side of the home so that the patio will not extend any further towards the lake than the deck. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for t’te new construction within one year of the date of Council approval, or the variance will expire on that date (June 14,200S). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. -Vi -r -•.yl.., Page 3 of6 J CITY of ORONO XV-^'-4i y3 RESOLUTION OF THE Cl^jOUNCIL NO. Adopted by the Orono City Council on the 14"* day of June, 2004. ATTEST: .^7 f ;* •0/Ucli^.i tiUt. Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s)VA/iO f4. imr : J •.'■TPf *“? V- ;lw '?‘<^lll W- ■■ :C- Page 4 of 6 i %§ t CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA COUNTY OF HENNEPIN •« »_ day of f'. The foregoing instrument was acknowledged before me on this I > V t--’*— ■ 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ilbunicilunicipal corporation and said instmment was executed on behalf of the City. '■ /'•r^ racheldodge ♦ • f ) MOT/WfPWUC-im-'W • M^CcjrmbitaExpfcaJ-- ’ Notary Publii STATE OF MINNESOTA COUNTY OF HENNEPIN "• If *The foregoing instrument was acknowledged before me on this day of . 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. S-1 ^ RACHEL OOOGE !) i f t 0-t l)^ I *L. Notary Public Page 5 of 6 t^' %i CITYof ORONO :«iiiq: RESOLUTION OF THE CITY COUNCIL NO. & H ftft State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this /5^av of %.IlL'hJL 2004 by /YjOi^h^tO L. ^f^scr^—* President of Spruce Hill Properties, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public i"' ■ r-:- • M W',, ■. :’. -'-v * i ► T’-m 1 'i; I [BIT A 01»8 ‘ y L um ptscBifTioit Of Mtmsts; PI IkJ Utt S, •, 7. I), tS-, 11, If. 70, il.’ 71, 73, and 74, OttovIllB qn Lake Minnetonka, ilCffr tkat part of laid Lkti IS, Id.. IS, 70, 71, aad 77 Iflnp^ Southerly or a line dra«h parallel fftlfr irt Tff r frO»^*>14«» ktr^Wlif -40^ ••• it *uiii I*. tftld *Unt I” itlif dttcr^btd it ftlloiif: CoMtheIni it tit Noriintst corntr if tit SttChfitt Ovarttr of tit Northttst Qtir|tr tf Stcllot S. Township lir North, tinot 2) Wfst of tht Stii. irlnctpil NtrUltn: thttet So.uth tlotg thi Ntit tint of said Southaast Qnartor of the Northtift Quarttf a dltlanct of 294 ftat: tlitncf dtflectlnp rlpht 48 dtortat a dlstanct of 90 foot to tht'point of htf’lnfiinp of "Lint i"; thfnce deflecting left'83 degrees to the Southerly ententlon oT tht Cast line of said lot \i\ and said "Lint O'* thire endine: f8)*Thit part of Laht V4et Avenur and lake Street at dedicated cn. the plat of Ottovllle on Lake Nlfiettotka. dtfcrlhed as fellovs: CoaMietcIng at the .Northeast, carnet of the Northwest Quarter tf Stctlofi 9p Tttnship 117 Northk tahge 23 itst of the Sth Principal herldlan; thence South along tht Cast lint tf said Norliwtit fiiarter a dlataece of 1400.18 feet; thehet deflecting left id dtfreti so ainutti a distance of 143.37 foot to the point of htginnlnf of a line hereinafter' referred to as *Llnt A"; tigpee deflectlnt right 180 degrats.along eald *Ltne A* a distance of 1.00 feet: thence along a. tjuitentlal curve to the left having a radius of SOO feet and central •antle of 22 degrees JO'nInutes' a distance of 108.3S fatt: ihenct Mesteriy tangant to said kurve i dlstanco of iOt.S foot: thenco along j tangential curve to the left having a radius of 300 feat tnd. e'dontroI epglo of 49 dofrtos a distiect of 235.12 foot; thnnde Southwesctrly tangen.i to lost s4ld curvo to a pelnl on the Nest lino of the Southaaet Quartar of tahd Northwest Quarter of Soctloo 9j end sold *Llno A” tNtro tndinf. said ondlng point being the point of beginning of tho helng Ooserlhod: thonce Northeaittrlv along said *L(ne A* to Its Inursoctlon with the eitehslofv of the Netterl.y line of Theresa 6treat in said plat of Ottorlllc on take ltdess;?, . '-v- \9 m fUnnotonkar thonco Soiitnorty along said Northtrly estanslon to tia Southtrly lint of .said Lakt Vltw Avonjegt thonco Southwestorly ilong said Soethoriy .lint of Lakt. View Avonpe to the East line ef.sald Laht Stroot; thonco South along said East lint of.lako Stroot to Its Intoridetlon with a line drawn paraltil with end 30 Peat Northeastarly. ataturid at right angles, froa a lint hertln- artar reftrred to as *Llne I”, said "Line N" being described ei foT.lowi: Ceaaencing it the Nofthwest'cereer of iafd« Southosst Quarttvo^ Tha Northweit Quarter: thance *lo«fth along tho g^ft line of nald.Southeast Quarter of the Northwest Quarter a distance of 134 feet: thence deflecting right 4i degrees e. distance of go feet to the point of beginning o.r sold "Lino 8"i thonce deflective Iwft 03 dtereos to-aald East lino of Laka Street. •ed said "Line •" there endlee. thence iertiiwetterly eloeg said parallel line to Its Intersection with ssld Vost line of the Soethti«t Qwertor of tht Northwost Querttr; thence North along said Hast Hni to the point of befinnine. EICEPT thel pert of said abova described property lying Northerly of e line 33 feet Southerly of. ooesurodet rifht anoieto and parallel with, sold *Llne A"; (Cl Thet p S. Tounshl ert of tho NorthMtt.Quirtor of tht Southwest Querter of the Northwest Querter of Sectlei followsof a'IInop 117 Norths iangt 23 Wost of tho Sth Principal Ntrldlan, lying Southeaster! herelnefter referred te as "Line sold "Lint A* and "Line i" helng described asM.rS;:r.r^!rU/;nkK:rf»U ‘:r.*B; ux'muv. west Ovarter of tho Northwoit Qwarter a dlstanco 234 foot to tho point of hoolanlno of said "Lino A": thenco dofloctldg right 41 degrees a’dlitance of 90 feet to a point, and said "Llet A" thoro ondleg. said oolnt htleg the point of beglnhlne of said "ilia B": thance deflecting left * V3 degreet t# sold fist lint, and said "Line B* tnert tedine. IlCEP.T that pari-theraef.lying Seuthwesterly of a line drawn parallel with and 30 fatt' Northeeslbrly. oeapwred at right angits. froo said "Lint I", suhjtct te an ailstlng aastoent for road pwrposes. m 1:- •,'. Vi' I ll ■ . ^ -u- - EXISTING AMO PROPOSED ELEVATIONS GARAGE FLOOR-942.3 TOP OF FOUNDATION -942.S LOWEST FLOOR-935.0 NOTE EXISUNG FOUNDATION TO REMAIN VERIFY ANO USE EX1ST9IG ELEVATK)NS PROPOSED TO FIT EXISTING FOOTPRMl Iue HIBIT g 7 l27'5^00" ? / i SCALE FEET - EXISTM: SPOT ELEVATION. X(94S.O) > PROPOSED SPOT aEVATKM ^..... - OMECTION surface ORAMACE BENCHMARK S>** TOP SAN MH O ELEV - 9M.9 ,0 ' / --------- ^ / // 1 ,7 AV J / / / y6 / / / _ L,<..4: -'X m I. fi^^y/7 / / / • / 'J /j-4»* DESCRIPTION: of lots 5.6.7.8.13.15.16,19.20.21.22.23 ANO 24. OTTOVILE ON LAKE MINNETONKA HENNEPIN COUNTY. MN. / / LOT AREA TO 0HW« 41220 SF/ 0.94 AC / LOT AREA<75 SETBACK - 11430SF/0.26 AC X 25X Vi ^4X • EXISTWG HARDCOVER o»\ /I \ ' M* \iAKE 0-75 HOUSE - 570 SF DECK » 395 SF PATIO - 185 SF TOTAL - 1150 SF <75 HOUSE -1538 SF STEP - 40 SF WALK - 120 SF DRIVE - 600 SF 2857 SF ALLOWABLE HC PROPOSED HARDCOVER 0-75 HOUSE - 550 SF DECK - 395 SF PATIO - ‘T8S-SE105».1. TOTAL - TtW' SF <75 I OSD HOUSE -1530 SF STEP - 40 SF WALK - 120 SF iD t€ MMOVED DRIVE - 600 SF TOTAL - 2298 SF (20.0X) TOTAL - 2290 SF (20.0X) TOTAL - 3448 SF(30.0X) TOTAL - ”3*90. SF(»«X) ------------------------------------ mR^IRiT ¥■ ! I ■ ■!! W I k ..milt (: e 0. J fi : f i f»GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^006 A RESOLUTION ESTABLISHING POLICY REGARDING THE HARDCOVER STATUS OF PLASTIC AND FABRIC LANDSCAPING MATERIALS AND DEFINING THE DISTINCTION BETWEEN STRUCTURAL AND NON-STRUCTURAL HARDCOVER WHEREAS, the City of Orono since 1975 has regulated the use and placement of hardcover on land within 1000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other material which interferes to any degree with the direct absorption of rainfall into the ground"; and WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the 1000-foot regulatory zone into four tiered "hardcover zones" which are commonly referred to as "the 0-75' zone", "the 75-250' zone", "the 250-500' zone", and "the 500-1000' zone"; and said zones are respectively allowed 0% hardcover, 25% hardcover, 30% hardcover, and 35% hardcover; and WHEREAS, .the City Council has long considered that plastic sheeting and weed control fabrics (hereinafter referred to as 'plastic or fabric') shall be considered as hardcover for the purpose of administering the hardcover ordinances, regardless of the extent to which such materials are actually permeable; and WHEREAS, the City has never issued permits for placement of plastic or fabric on private or public property, and all such material where it currently exists in excess of the allowed hardcover percentages on any given property, is considered as non-conforming : and WHEREAS, the City is continuously faced with requests for variances to the hardcover ordinances wherein applicants are required to provide ^^culations identifying the various types and square footages of h^cover within a property; and WHEREAS, hardcover variance requests are commonly reviewed by the City with the underlying intent that the percentage of hardcover be reduced from the pre-existing condition; and Page I of 3 M GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 0 6 WHEREAS, property owners commonly request hardcover variances for which their proposal includes a reduction in the overall hardcover, but typically by an increase in the amount of'structural hardcover* with concurrent removals of'non-structural hardcover*; and WHEREAS, the City has not previously formally defined by ordinance or resolution the distinction between 'structural' and 'non-structuraT hardcover, but has commonly considered such a distinction when reviewing hardcover variance requests; and WHEREAS, the City Council Gnds that it would be beneficial to formally define the distinction between structural and non-structural hardcover; and WHEREAS, the City Council finds that it is inappropriate to consider the removal of non conforming plastic or fabric as a good-faith hardcover reduction when considering hardcover variance requests; and WHEREAS, the City Council finds that to the extent practicable, all non-conforming plastic or fiibric should be removed from properties for which a hardcover variance is requested, to reduce the potential for 'trading' non-conforming non-structural hardcover to gain structural hardcover. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1.Structural Hardcover shall be defined as those items of hardcover which require a building permiL which extend above the ground surface or into the ground, or which are constructed radier than placed. 2.Non-structural Hardcover shall be defined as those items of hardcover vdilch do not require a building permit, vduch exist on the ground surface but do not extend substantially above or below grade, or >^ch are placed on the ground surface rather than constructed. Page 2 of 3 4 ii 1 . • • Fiftl CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 n 0 fi 3. The following items ate considered as hardcover: Stnictural Hardcover Buildings Tennis courts Pools, incl. water surface Decks, regardless of spacing Roofs of any sort, incl. some roof overhangs Play structure platfoims Temporary buildings Any vehicle, material, or equipment which prevents direct absorbtion of rainfall into the ground and which is stored for an extended period of time Non-Stnicturai Hardcover Roads uid shoulders Driveways (Concrete, asphalt, gravel, dirt) Sidewallu, ramps, etc. Any surface intended to be driven on Landscape beds lined with plastic sheeting Landscape beds lined with weed-prevention fabric Tops of rock or timber retaining walls Patios, stepping stones Porous pavements (various) 4.All plastic or fabric located in the 0-75' hardcover zones within tlie City is considered as non-confonning unless specific approval for same is granted by the City Council at some date after the adoption of this ordinance. 5.All plastic or fabric in hardcover zones other than the 0-75' zone is considered as non-conforming vdien the combined structural and non-structural hardcover in said zones exceeds the allowed hardcover percentages for said zones. 6.For any project that has been the subject of a hardcover variance approval, no building permit will be issued until all non-conforming plastic or fabric has been removed firom the property. Hardcover calculations presented at the time of variance application sh^l reflect all hardcover remaining on the property after the non-confonning plastic or ftibric has been removed. Adopted by the City Council of the City of Orono this 24th day of November, 1997. Page 3 of 3 «f ' A .V'' • n ' V> 1 »" J * '•'• 4 '^., ‘ ‘’iC idl r V#. ' V / ■>. # «• Q Hfri » 4 ^ •- -IKU L ' n- ‘ ,K'‘ %\ V > 7 ^ -2 k.aA*Aktk >'»«. ‘.*«i V:-- rmBMM *--— — , . / .-^ «A *i '6 at -Mifi Ji ;.L *•’ ^^ --r. .• «» -• i6>’ . ^ - *1' iH/.- U/ ^ * V/ •..5^ >•^1 :>T • - ‘ ■• >- M,* H « f)». • * <l»* # ^ -irV*^' Y*1 « 4 X* ^v-ii-U- gjasia^ J^.a-'-'V-.";. ,. ■■ ■ * ' "*• ■ * *. . • fjf V .;« » , '•*• r Ik. Z,1sifcf%v . w. -..i. wm • i TSp« .4>i ' ■ • r.^ ' ii-f v-«.' . Jf. ;r rfK.'.I.- *., ■■ "•:^m..W ^ .'?W2 1 jo>^^-- mx??^> L^' ■ -'i .* • A >••- ' % / ■■>• i - “S' ^4." * . '▼1 I r^‘ RUN DATE: 7/21/2005 31 0311723210003 PROPAOOR 3710 BAYSDERO OWNERNAME C L* R J WKKtUND TAXPAYER CRAK3L* RENEE JWICKLUND NAME/AODR 3700 BAYSIDE RD LONQLAKEMN 33330 30 0311723230033 PROPAOOR 31 ADDRESS UNASSUNED OWNERNAME MARKL*KARENASCASEY TAXPAYER MARK L A KARENAS CASEY NAME/AODR 233 LANDMARK DR LONQLAKEMN 33336 3S 03II7232400S2 PROPAOOR 31 ADDRESS UNASSIQNEO OWNERNAME HENNEPINPORPEITEOLAND TAXPAYER HENNEPIN PORPEITEO LAND NAME/ADOR 10447NC ONR RESTRICT SALE PROPAOOR OW»!'<£RNAME TAXPAYER NAME/AODR 31 0311723240112 31 ADDRESS UNASSIQNEO HENNEPIN PORPEITEO LAND HENNEPIN FORFEITED LAND ONR ISSUE UNDER STUBBS BAY-LAKE MTKA HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE; I 3S 0311723110022 PROPAOOR 3760 BAYSIDERO OWNERNAME S J MURRAY ft A B MURRAY TAXPAYER STEVEN I ft ALYSONB MURRAY NAME/AODR 3760 BAYSIDE RD LONQLAKEMN 33336 31 0311723230036 PROP ADDR 31 ADDRESS UNASSK3NED OWNER NAME LANDMARK DR HOMEOWNERS/VSSOC TAXPAYER LANDMARK DR HOMEOWNERS ASSOC NAME/AOm C/OLEECHARREN 173 LANDMARK DR LONQLAKEMN 3S3S6 38 0311723240103 PROP ADDR 38 ADDRESS UN/^SIQNED OWNERNAME HENNEPINFORFEITEOLAND TAXPAYER CITYOFORONO NAME/AODR POBOX66 CRYSTAL BAY MN 33323 38 0311723240113 PROP ADDR 38 ADDRESS UNASStCNED OWNERNAME HENNEPIN FORFEITEO LAND TAXPAYER CITYOFORONO NAME/ADDR POBOX66 CRYSTAL BAY MN 33323 PROPAOOR OWNERNAME TAXPAYER NAME/AODR 38 03II723240II9 38 ADDRESS UNASSIQNB) OARYKVALERRJS GARY K VALERIUS 3730 BAYSIDE RD LONQLAKEMN 33336 38 0311723240120 PROPAOOR 38 ADDRESS UN ASSIGNED OWNER NAME CITYOFORONO TAXPAYER CITYOFORONO NAME/ADDR POBOX66 LONDLAKEMN 33336 38 05II7232I0023 PROP ADDR 3750 BAYSIDE RD OWNERNAME CARY K VALERIUS TAXPAYER GARY K VALERIUS NAME/ADDR 3730 BAYSIDE RD LONQLAKEMN 55356 38 05117232300.-7 PROP ADDR 255 LANDMARK DR OWNERNAME MARKLftKARENASCASEY TAXPAYER mark L ft KARENA S CASEY NAME/ADDR 255 LANDMARK DR LONQLAKEMN 55356 38 0511723240111 PROF ADDR 3775 BAYSIDE RD OWNER NAME C W CHAPMAN ft E P CHAPMAN TAXPAYER CHRISTOPHER ft EMILY CHAPMAN NAME'ADDR 3775 BAYSIDE RD LONQLAKEMN 55356 38 0SII723240II6 PROP ADDR 38 ADDRESS UNASSIONED OWNERNAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADOR P O BOX 66 CRYSTAL BAY MN 53323 38 0511723240121 PROP ADDR 3770 BAYSIDE RD OWNERNAME WINRELORSTEPHENS III TAXPAYER WINRELO R STEPHENS IH NAME/ADOR 3770 BAYSIDE RD LONQLAKEMN 55356 -f O -iL n! I I i ( 4 i i ■i t Dale AppIkatlDa Received: 09-19-05 Dale Applicaliea Conplele: I04M-OS 60-Day Review Period Eipiralioa: 12-04-05 COUNCIL MEETING NOV 1 42005 OTYOFORONO RF.QUEST FOR COUNCIL ACTION Date: October 25,2005 Item No. ^ Department Approval: . Name: Melanie Curtis Administrator Approval:Agenda Section: Title: City Planner 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-acrcs/200’ width 1 .05 acre or 45,938 s.f. 180* List of Exhibits: Exhibit A - Resolution per Council Approval Exhibit B - Council Action Notice of 10-25-05 Exhibit C - Council Memo of 10-18-05 Application Summary: At your October 24"* meeting the Council q>proved front yard setback variances in order to construct two additions to the existing home, and denied the front yard setback variance for the pergola consistent with the Planning Commission recommendation. 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 recomme ded denial of the front yard setback variance for the pergola. Planning Staff Recommendation Adoption of the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. ■ K 3c.-V 5 ■ ■ ‘ / ■ • % Iti m A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420(B) FILE NO. OS-3157 WHEREAS, Sara Moos, a single person (hereinafter “the applicant”) is the owner of the property located at 2160 Webber Hills Road within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 2, Block 2, Webber Hills, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420(D) to allow a front yard setback of 43.9 ’ where 50’ is required and 44.4’ currently exists in order to construct additions to the existing home consisting of a 12’ westward addition of the existing footprint and a 2**^ story addition above portions of the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File 05-3 157. 2. 3. The property is located in the RR-IP, Zoning District vyhich requires a minimum lot area of 2 acres and a minimum lot width of 200’. The Plannit.g Commission reviewed this application at a public hearing held on October 17, 2005 and recommended approval of the front yard setback variances for the home additions based on the following findings. a. The applicants’ property is 1.05 acre in area and 180’ in width. b. There is no additional land available for acquisition by the applicant to make the property conforming. Page 1 of 4 5. c. The proposal will not have a negative impact on light, air or open space within the neighborhood. d. The proposed additions are not out of character for the immediate neighborhood. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City stafT, comments by the applicant and the public, and the efl'cct of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 r.ecessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Mi .nicipal Zoning Code Section 78-420 (B) to allow to allow a front yard setback of 43.9 ’ where 50’ is required and 44.4’ currently exists in order to construct additions to the existing home consisting of a 12’ westward addition of the existing footprint and a 2"^ story addition above portions of the existing home, subject to the following conditions: I. Council approval is based on the site plan submitted by tlie 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. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a buildi.ng permit for the new construction within one year of th^ date of Council approval, or the variance will expire on that date (November 14,2006). Page 2 of 4 ; - ;v^0 > '• .• •.A , 4‘. . 3. 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. 4. The undersigned applicant has read, understood <md hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant ’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 14*^ day of November, 2005. .inda S. Vee, City Clerk Barbara A. Peterson, Mayor I m ' 'iti Page 3 of 4 nil M - ^ 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. Notary Publie 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this__day of by Sara Moos, a single person. ,2005 Notary Public ■ i - wL^, * • ; .. ,:v Fage 4 of4 - —---- a><rtje>ir a 3g^S5'jS‘E 1«0.37mea5 100.16 WEBBER HIUS EdB* Of btacktop WEBBER HILLS ROAD CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE 05-3157 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 25,2005 TO: Martha T. Mason COPIES:Sara Moos 1781 Logan Ave. S 2160 Webber Hills Rd Minneapolis, MN 55403 Wayzata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: October 24,2005 VOTE:3 FOR 0 AGAINST Motion: To approve front yard setback variances for the home additions and denial of the front yard setback variance for the pergola per the Planning Conunission recommendation. Applicant ’s next scheduled meeting for Resolution approval is confirmed as: City Council - November 14,2005 - Meeting starts at 7:00 pm **Apt^icant should submit o revised survey and revised plans demonstrating the removal of the pergola at least one week prior to the scheduled City Council meeting date. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. : i • • ; kV/.- • * V . -r• i-r ^ * . 2' i= -r : • -J. mamrj3iB_ DalcApplicattoliRKcived: 09-1945 Data AppNcatioa Complete: 1044-05 60-Day Review Period Eipiralioa: 12-04-05 REQUEST FOR COUNCIL ACTION Date: October 18,2005 Item No. Department Approval: Name: Melanie Curt*9 Adminbtrator Approval:Agenda Section: Title: City Planner Item Description: #05-3157 - Martha T. Mason on behalf of Sara Moo» - 2160 Webber Hills Rd - Variances Zoning District: Lot Area: Lot Width: RR-lBy One Family Rural Residential, 2-acrcs/200* width 1.05 acre or 45,938 s.f. 18&’ List of Exhibits: Exhibit A - PC Action Notice dated 10-18-05 Exhibit D - PC Memo & Exhibits of 10-11-05 Application Summary: Th» applicant has proposed a 12’x 32.3* addition to the cast 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 the home to the road. The applicant 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 Plannirig Commission ’s recommendation 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 - I 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 Recommendation Approval of the variances consistent with the Planning Commission recommendation. COUNCIL ACTION Kn IQUESTED Direct staff to draft a Resolution reflecting Council’s decision. t J CITY OF ORONO 2750 Kelley Parkway POB0X66 Ciyital Bay, MN 55323 952.249.4600 ZONING FILE 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 SS403 Wayzata, MN SS39I TYPE OF REQUEST: Variances DATE OF MEETING: October 17,2005 Planniag ConoiiMioB reconnended as follows: To recommend approval of the iiont 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 feel there was a hardship supporting the 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: City Council - 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. ■ Wy'W- -V ‘ * ^ 3 FILE *05-3157 11 OdJberLOOS Page 1 0(3 Dale AppIkatioH Received: 09-l94>S Dale Applicalioa Coasidered at Coaiplele: 10-04-05 60-Day Review Period Expires: 12-04-05 To:Chair Rahn and PSanning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner |/||^ October 11,2005 05-3157, Martha Mason on behalf of Sara Moos, 2160 Webber Hills Rd, • Setback Variance a Public Hearing Zoning District: Lot Area: Lot Width: RR-IB, One Famity Rural Residential, 2-acres/200* width 1.05 acre or 45,938 s.f. 180* Application 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._____ Stqff Recottunendation: Planning Department Staff recommends denial of the front yaid setback variances, and that the additions should be redesigned to meet the 50* front yard setback. Pertiuent Zoning Ordinance Sections See. 78-420. Area, height, lot width and yard requirements. (a) Height. No structure or building in the RR-1B district shall exceed 2 M2 stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lot Area (acres) Width (red)Front Yard (fed) Side Yard (feet)Side Yard Adjacent to Street (feet) Rear Yard (feet) 2 200 50 30 50 50 List of Exhibits A. Application B. Ha^ship Documentation Form C. Existing A Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Property Owners List F. Aerial Photo O. Plat Map FILE #05-3157 11 October 2005 Page 2 of 3 BMckground The applicant 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 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 SO* setback is required. LOT ANALYSIS WORSHEET Lot AreaAVidtht RR-IB Lot Area Lot Width Required 87,120 s.f. (2 acres)200’ Actual 45,938 s.r. (1.OS acre)180’ ScHtasku RR-lB Required Existine Proposed Front 50’44.4’43.9’ addition 41.5’ pergola Rear 50’145.7’No Change West Side 30’41.3’No Change East Side 30’61.7’49.7’ Structural Covenige; Total Lot Area Total Structural Coverage 45,938 s.f. (1.05 acre)Allowed: 6,890.7 s.f. (15%) Proposed: 2,761 s.f (6%) Hardcover CalculaHoni; 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 iqiproximately IS* 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 comer 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 I2*x 30.5* 2’^ story addition r. It j r -S FILE #05-3157 11 October 2005 Page 3 ot 3 over the existing home stepped back 2' from the front of the home resulting in a 46* setback for the 2"^ story where a 44’ setback currently exists for the 1** story. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysb /« ctmUtHng apftktakmt /«/ vaHmee, Ike nuiiiing CommbsloH shall amslder the effect af the pnpeaed verkmee spM iSe keeM, spfely end wtifert of the community, existing and anticipated traffic condMons, Ugktandair, daugpr tffire, risk to the public safety, and the effect on values of property In the surrounding area. The Hanning Commission shad consider recommending approval for variances from the literal provisions af the Zoning Code In Instances where their strict enforcement would cause undue hardsh^ because af circumstances unigue to the Individual property under consideration, and shall recommend approval only when H Is demonstrated that such actions will be In keeping with the spirit and bitentofthe Orono Zoning Code. Staff finds that the orientation of the existing home with respect to the front lot line may serve as a hardship and it may be true that the existing setbacks are not inconsistent with the neighborhood; however the 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 50* setback and that there is no hardship for the encroachment of the pergola. Issues for Coauidcration 1. Could the additions be stepped back up to 6.1* to meet the SO* setback without compromising fimctionality of the home and additions? Is there value in this considering portions of the home already encroach up to 5.6*7 2. Does consistency with other setbacks in the neighborhood constitute a hardship or sufficient justification for the variance? 3. Are there any other issues or concerns with this application? Staff Rccommemlation Flaming Staff recommends denial of the front yard setback variances, and that the additions should be redesigned to meet the SO* front yard setback. gA. /V Ulty or urono Variance Application street Address: 2750 Kelley Parkway Orono, MN 55356 Application # OS " ^5 ~7 Main; 952-249-4600 fax: 952-249-4616 MaHhg Address: . P.O. Box 66 Crystal Bay. MN 55322-0066 Date Received: ! Amount Paid: Staff: Fee:S600 Renewal: $300 After-the-fact: $1,200 Double Fee This application form must be completed in full. Applcant 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: wefift&lZ. ffiLXS g>D Property Identification Number (PIN): ni oooq (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): □ Yes, I own the adjacent parcels, Present use of property: Residential □ Other ______I^tl6Zoning District: APPLICANT INFORMATION: (Complete legal nares and marital status required for each interested party) Name: 7T _____________________________________ Phone (home);^^» Phone (work):r/^:^ Address: Email: ^dBkdhm CPtt Faye . OWNER INFORMATION: (Complete legal names a.'.d marital status required for each interested party) Name: fxAfcA Ki. ^or><L Phone (home): ^sx*4Tt#-|4t0S Address: TiJeQ yjaAfteg., axs Email: S@ ccur^ti Phone (work): 2 ■ "iHi,- QvinsJ Fax: DESCRIPTION OF'REQUEST: • Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): ___________ • y / AnetTVi 1 ir- t i '/ f'A Art>PITlrrtJ k'-yriiilJh I fU.'-A A t-r'-rnh'^ F-n\: C-VATl.r^f/c::- Tr> U Att rr/.tN l!/■ n /:Hf i> (\ ' (r.v Ir'-’I I__________________ t ‘t' tT'U\IK- / L U. >i/:\ (n fcrr ; A4A I •( Ur f-i Arrr>ty.<-U A-\X‘ r^? { p L.-' I' . A mtiaMk .* *• « REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form , □ Completed Hardship Documentation F-rm v ' ' □ 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 I IK 11" X17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). |T||\ 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"x11"or11"x1 7"). □ Additional items may be requested by City Staff depending on the scope of .the p» oject. * » •I f 4 APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information. Y^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 certi/ies/tjlat the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is sol ;ly 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 redommend the request for denial of the request regardless of its potential merit. a ^ * M e Applicant ’s Signature: ’ "fi Applicant's Signature: ______________ ^4tf/C^H Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner herpby, acktioyrledges and agrees to this applicatioti and furthe;: authorizes ’ reasonable entry onto th'e property by City Staff, consultants, agents, Commission'A .Council Members for purposes of investigation and verification of this request. . Owner ’s Signature: ____________Date: ^1 1*1 /o S* Owner's Signature:___________________________________Date: ___________________ Applicant must have all submitta'^ into the City offices 25 days before the Pla* ing Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. \ \ f... 5 J __________ . T r DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2. “Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. ! 6. Your full name Is required to process this application or permit. SAtA First 2AkSL Middle , Last gjs Add'uss HAiJ City State qsz- Phone I understand my rights as stated above Signature (WiSM UctaS » • •. (Jor; ...i/r o - f-—'-/ r.'rft f •l - ir: VARIANCE APPLICATION (Moos Property) Description of Request; 1) Second Story Addition (360 SF) above existing garage 2) Garage addition to extend 12* from 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 front entry 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.” Inherent to the land and inherent to the structure, Webber Hills was platted before the 2-acre minimum and current setbacks. The owner desires to maintain existing setbacks due to constraints of the existing structural layout and function below second story addition. New setback would impede natural light, ventilation,and view from existing screen porch on north side ofhou.se. 3. "The variance, if granted, will not alter the essential character of the locality.” The character will be enhanced by maintaining a consistent aesthetic along Webber Hills Road, since adjoining properties adhere to same setback and t^ not to be stepped back. By maintaining and matching existing front profile and elevation heights, the addition is able to Mend with the character of the neighborhood. The driveway and curb access remain unchanged and improved by a back-up area added to garage apron, alleviating backing out onto road. 4. "Economic considerations ...” N/A 5. "Access solar energy systems ...” N/A 6. N/A 7. N/A 8. 'The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining pnqwrty.” Inherent to the structure, since the existing home was platted prior to both the 2*acre minimum and current setback regulations, retaining existing setback would help maintain the original intent of the Webber Hills development where no other adjoining homes are stepped back to meet new rules. 9. “The conditions do not apply generally to other land or structures in the district in which said land is locat^." Because the portion of Webber Hills Road in front of said property is curvilinear, extending the house along existing setback does not in any way block or impede neighbors* views more tlum present situation. 10. *The granting of the api^ication 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. m 11. ‘The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.** Addition will serve to improve health, safety, and comfort in providing basic practical infiastructure of utility, bathroom, mudroom, and storage. 12. “The granting of such variance will not merely serve as a convenience to the apidicant, but is necessary to alleviate demoi»trable hardship or difficulty.’* Since the sir^e-parent owner has stayed in Webber Hills and homesteaded and maintained this property more than 20 years, raising 3 children, and is about to combine fiunilies due to re-marri^, thm is a requirement fw more space. 1^' ^ ■ >• 1 Hardakip Statement “Should you feel the hardship cannot be fully described in the above criteria. Describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines. A substantial property right includes preservation of property value while accommodating grov^. This project intends to minimize change in surroundings during a time of family chan^. We wish to consider the emotional security of the children as a hardship, so that they may remain in the only home they have known. By applying the grandfather principle to pre-existing conditions, we hope to allow this home to maintain it’s familiar sense and character. ' t li eK.c CetTIFlCATi or SURVEY FOR SARA MOOS OF LOT «, BLOCK 2. WEBBER HR18 HBffCPm COUNTY. MMNE80TA FOX STREET $imrmwm rnrimm itiJitMMiiNUf imuLamsmrmvfmwti Ul I. Mil. WflMR NUt 0S-3S7 wmm •M wvmm\ [-----------1- ■ , ■■■■l Im T wmt I m A MV MM m m mm m TTi <V lif f-t mm jtAUJL. i Mill'.m m '.yj / legal DESCRIPTION OF PREMISES; Lot 2. Stock 2. WEBBER HILLS ♦ - . Mi Mwtefinn hmim W¥t thcnton. It does not -R- *. .H ^ i a 2 aa flCcc I « t-. • s g r > / A^ CT SWSVSS'E 180.37 niMS 180.18 WEBBER H8XS EdgaoTblMMop 8 WEBBER HILLS ROAD «>» .-TV'-nr- ■' • - i t. L r' l!: • * ^ t *'' ^' • ✓:• t-1 1 ( i J t, ]1 —u 1 11 *•• i ITT 1—If— ^■J..1 < ♦ » •! LC i. -, ,'.i . ! 1 ) tss:>r. InJ .'■J '.,4 - %* ^ ^rn±wefi3Lffl-«kii^ ________ ~J ' S’ . .-r : vs*;) miasr «i ■ m "c V r'/w »' .i' V . . ■ •! i J K 1 , 1 ...!/^‘r=^ (.-^“ ej* 1 * M'^V. toft'M-tiT>i-‘vMXr V jM il 4 7 1^^mimm V •-'• :mL : :>^.A h-% > . |^-Jj*»-fel^ I I « •« 1 ^r=^^B==;t:ir:i 1 <r—-NiSV/ ABT^ITI^stt 1 •‘*111 y 111 ^ • •. > * ___ ,y A I I^OIKMISNr / /' 1 y :t 1 r ._A4yj;?l-5*eapT/i/ E. . . 4^ * ITKauu |i ^m^imj I /■ •^f»*r i Vi'! 1^ l=’IM|N^-ftfetzaa^ •f y // / /' \ \S UNri»r O y \ * I*'oX[ urrr/ 1 . • I fi _______ -----'nr^- =t<^y ifyw4 pyvv «^ ^ L-______L —- i"i • /\»_ _ _ *h»J_L P r » f /•^ ' * * J > • > .f ( • .-y'.. k. Jillll (J"/ 1/7 ii> S-ri;; ..£i«yihiil t; V s’ •4, . . . . ________ i> 10 f, 10.-^ Vs €j I ■ *-0 ■ li -t:: '"■<- i V-^V-:^v‘;>.-v 3- S' ■‘I :/■ v'.-h^ ‘ ♦ ...........................->' ■ — ii II J li I e«#4s.r _____ W«*»w crr.7iPf^-.f.^i • r.^ .- * • r* • • r •( ' ' I !>£K /,^“r-. f * ^r.. • / r-- * * I' ‘ (-'■■ 5t!. \ ^ ) 4 I J si m 5< I Ipfij' ff *'vV*': i’ ’ to i>>''>- S' ■, \ RUN DATE :WIM(DS 31 0311733310004 rtOTADOR 2I30POXST OWNERNAME CHRBTOniERCMCORANNETAL TAXTAYER CHRBTOniER* SHARON MCORANN NAME/AOOR 3120 FOX ST UmOLAKE MN SS3S4 PROTAOOR 3S 0311723340002 2I8S WEBBER HIUSRD OWNERNAME MARGARET A OERMUND8EN TAXPAYER MARGARET A OERMUN08EN NAME/AOOR 2115 WEBBER HUJIRO WAYZATAMN SS30I 38 0311723340009 PROPAODR 2IM WEBBERHOiJSRO OWNERNAME SARANMOOS TAXPAYER SARANM008 NAME/AOOR 3140 WEBBER HlIXS RD WAYZATAMN SSMI CO or HENNEHN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWN ERS LIST PAGE: 1 38 03II7233I000S PROPAODR 2180 FOX ST OWNERNAME CAEBBkCKEETAL TAXPAYER GEORGE A aBECKE NAME/AOOR 2ISOFOXST LONG LAKE MN 3S3S6 3S 03II72333000S PROPAODR 226S WEBBER HILLS RD OUNERNAME O L PANZER & B D PANZER r.AXPAVrR DENNIS L PANZER NAME'ADOK 2265 WEBBER HILLS RD WAYZATAMN 55391 31 0311723340003 PROPAODR 2175 WEBBER HILLS RD OWNERNAME JWPAOELASMPAOEL TAXPAYER JUSTIN PAOEL NAME/AOOR 2175 WEBBER HOLS RO WAYZATAMN 55391 31 0311723340008 PROPAODR 2180 WEBBER HILLS RD OWNER NAME EDWIN W RITCHIE ETAL TRUSTEE TA3CPAYER EDWIN W/CHRISTINA K RDCHIE NAME/AOOR 2180 WEBBER HILLS RD WAYZATAMN 55391 38 0311723340010 PROPAODR 2120 WEBBER HILLS RD OWNERNAME 8 S JOHNSON * M B JOHNSON TA3CPAYER S S JOHNSON * M B JOHNSON NAME/AOOR 2120 WEBBER HILLS RD WAYZATAMN 55391 38 0311723340011 PROP AOOR 2110 WEBBER HILLS RD OWNERNAME SUNILVSAPATNEKARETAL TAXPAYER SUNIL V ft WANDA KSAPATNEKAR NAME/ADDR 2110 WEBBER HILLS RD WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND IKUEREPRESENTAnONOFINFORMAlKm AS IT APPEARS THIS DATE ON THE RECORDS (H'THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENTr^THEBESf)\ OF MY KNOWLEOCK AND BELIEF. ? 7^ /<2^ / DATE Exhibit F 2160 Webber Hills Rd Overview Map 1 Hn II H*|)in Hennepin County Taxpayer Services department ff- o -1r«D ^ • #4 PaivNntbmmthn M€«l ID 03117231• ^ • ni$l$nctaltgallyr9eoidmtmp.nr9pi9mi liaeonH>Mlon<)flnk>nn a^ and cMi from C^, Oniniy, sneSlMeroatfawaMrMMarN/oaMrMuroet. Date Appikatioa Received: 9-21-OS Date Application Considered as Complete: 9-21-05 120-Day Review Period Expires: 11-20-05 COUNCIL MEETING NOV 1 42005 REQUEST FOR COUNCIL ACTION OTYOFORONO Date: November 8,2005 Item No. Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Planning Director inuirHior <Agenda Section: Zoning Item Description: #05-3160 Judson M. Dayton, 825 Old Crystal Bay Rd. S. • Subdivision: Lot Line Rearrangement & Driveway Easement - Resolution 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 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 Crystal Bay Road to serve the 5-acre parcel. List of Exhibits A - Resolution B - Surv^ C - Propo^ Driveway Easement Document D - Notice of Council Action 10-26-05 E - Memo and Selected Exhibits of 10-20-05 Council reviewed this request on October 24 and tabled the request to allow applicant to provide a draft driveway easement for review and consideration on November 14. Council indicated no problem with the layout, but acknowledged the City Attorney’s concerns regarding the driveway easement language having potential impacts on future subdivision of the large parcel, and suggested that applicant ’s attorney provide easement language with respect to such concerns. The propos^ driveway easement is attached as Exhibit C. The City Attorney has reviewed this easement and finds it acceptable. If Council finds the driveway easement language acceptable, the attached resolution approving the lot line rearrangement can be adopted. The resolution contains specific findings as to why this lot line rearrangement is not required to be a plat. It also documents that this lot line rearrangement does us! constitute a subdivision that would trigger expiration of the existing bam caretaker apartment as granted in Resolution No. 3072; does not affect the area of property associated with the horse bam which was granted an Oversize Accessory Structure CUP in Resolution No. 3072; and does not require the removal of existing structures within the property. COUNOL ACTION REQUESTED Review the proposed resolution and driveway easement language, and if both are acceptable, adopt the resolution. - A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT AND CREATION OF AN INGRESS/EGRESS EASEMENT FOR PROPERTIES LOCATED AT 825 OLD CRYSTAL BAY ROAD SOUTH FILE 805-3160 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter “City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Judson M. Dayton (hereiiuifter “the applicant”) of three properties known by PIN No.s 09-117-23 21 0001; 09-117-23 21 0004; and 09-117-23 21 0005, said properties legally described as: EXHIBIT A, attached (hereinafter “the properties”); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 17, 2005 at which time all persons desiring to he heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have completed or have agreed to complete all requirements of the City for a metes and bounds combination and subdivision of a lot lino rearrangement, resulting in the conversion of the three parcels into two parcels, hereinafter referred to as Proposed Parcel 1 and Proposed Parcel 2, as shown on the survey attached as Exhibit “B”; resulting in a new legal description for each of the two new parcels as shown in Exhibit “B”; and resulting in the creation of an access easement for ingress and egress to Proposed Parcel 2 over ProDosed Parcel 1; and WHEREAS, the City Council has considered the implications of requiring this combination/division to be a plat, and has determined that the conversion from three lots to two lots, while resulting in a lot that could be defined as a back lot, does not result in any new building sites; and Page 1 of3 |! ¥ I WHEREAS, the City Council has reviewed the proposed ingrcss/cgrcss easement to provide legal access firom Old Crystal Bay Road South to Proposed Parcel 2, and has determined that the language of said easement does not have negative implications for future development of Propos^ Parcels I and 2. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced property by the applicant as shown on the Certifleate of Survey by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, Inc. dated September 20, 2005, attached hereto as Exhibit "B”, and approves the proposed ingress/egress easement attached hereto as Exhibit '‘C”, subject to the following conditions: 1.Applicant shall provide a title opinion for the properties confirming ownership and encumbrances. 2.Applicant shall provide for attaenment to this Resolution a copy of the aforesaid survey signed by all parties with a legal interest in the Properties. 3.Nothing in this approval shall be construed as granting variances to setbacks, hardcover or other building location, lot size or development standards established by the City of Orono. 4.This lot line rearrangement does got constitute a subdivision that would trigger expiration of the existing bam caretaker apartment conditional use permit as granted in Resolution No. 3072; does not affect the area of property associated with the horse bam which was granted an Oversize Accessory Structure conditional use permit in Resolution No. 3072; and does not require the removal of existing structures within the property. 5.The aforesaid division shown on the attached Certificate of Survey shall be fried by the Citv of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before May 14,2006 together with a certified original copy of this resolution. 6.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Page 2 of3 Adopted by the City Council of Orono, Minnesota this 14th day of November, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 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. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of3 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 — a a; (Oga - •Wfl»myuriDlS4^AyASMkNB.230 •tt / MAoMnonpMofFAIMiW 5 1 ____8oMiilntariolHAiid.BA.Mi.130 HIT4iy* 8c«M«rtfOoinLtn. m •k 4*11740 A.V 4 9 I 9 9 •i/\ \ ssai*«aarjr-r y __.aoMtiiMoraiiMar \ A/ I «r ’Sv. I I \ •r EXISTING PARCEL A IMintOatFlUl 7.8MLt-117-33 PROPOSED PARCEL 1 tIJB*. ACMES TOTM. 1MS*>Aa«8MY 8se \\ 1 \V iOBaarfg^wAHea:#- ‘UhtA- Niri4*irw 4iiLii P«M3(njlE8iifiior •m NHOlItt and 441001RM of iw EtR IM Ol Oji^ LOI7. Ooct-117-31 :\ \N \ \\ \ Parcel 8J8«.. X I X \EXISTING PARCEL B TOTAL iSIMV EXISTING PARCEL w EX»T«IO LEGAL OnCAtmON COMOMMO PARCELS AO. AND C T1WI fwi Of Lot H R Aodtori SmMMR m no no. HMMoln CouRy. MROiiRi. and of OovanMWR Lol ?. Is SmB m i. 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M Oio R mm R MoaimRi Boy. MINNETONKA aHUtWELLSAV on o iMhoMloi 33 ooeondo MMR 3 tEoRMOMpoMIRI I «rtO o I IPANCELB ThR port R OwononoR LR 7. bi I R 0 POOO 30941 MR Boi rtlRTooMpobdRoonoo B 0 nooWnfORMI owvo M Ro MB R Ro North Bno ond 4B240 MR ilMR R Ro I NiboMBRopobORbOBMi onRMoRSTtOOMRond 00 R 100 07 MOL RO RMMIR noH aooonio «MR Bor pMpoooo R RM rt M bo 0 Out North ond loRh MmL Ra R 330 00 MR ond oonhR aoRo R 33 00 00 OOOOOiL 0 dMMooo R 3M40 MOL MR aoR llflo A* I 0013 ndouMo WbR 0 rtWonoo R 302.02 MR 10 RO paid R bO|MRi« R OM I i04 Raooo NorR 17 dppwn 13 at rtao EoR o rtWaoso R 3BI.B2 MoL OPH Uoo A* M Ro pobd R ooMMi wamonL R oobo OouR 12 B obmoo S4 Ml MMR 0 Rdoaoo R 7M 7B Mol R oobo flooRody porairt «Ri Ro Eaol LR 7 M RO RM mR m R IMiiori Boy. Loho dd ohoroBoo M Bo bdoroocrtoo rr 0 Bno rtroon 00 0 booiRB R SouR 24 1 33 aoaoodo Wta bOM BN pflOO R bogORnR Ronop N mR 34 rtOBrooo IB lEoRMSMpol 1/ . . .X . . /■ A V •' -) ill w Q • f sr ^ i i DECLARATION OP PRIVATE DRIVEWAY EASEMENT AND REUTED COVENANTS THIS DECLARATION Is made as of .. 2005, by Judson M. Dayton, a tingle person, and Elisabeth J. Dayton, a single person (the "Declarants'*) RECITALS: Declarants are the owners of certain real estate situated in the City of Orono (the "CNy^, Hennepin County, Minnesota, and legally described in Exhibit A hereto CParobi A”). B. Declarants are also the owners of certain other real estate situated In the Cky, as described in Exhl)it B hereto CPeroel B"). Percel B adjoins Parcel A. Parcel A and Parcel 6 are refMred to herein as the "Parcels.'' C, Parcels A and B use the same driveway area (the "Easement Area”) over Parcel A, for utility and driveway access purposes to and from Old Crystal Bay Road The Easement Area is legally descrfoed in Ejdiibit C hereto. Declarants desire to create a privala driveway and utility access easement within the Easement Area over Parcel A, for the shared and norvexciusive use and benefit of the Parcels. NOW, THEREFORE, the Declarants, for themselves and their heirs, personal rapreientativei, luooessors and assigns, hereby covenant and agree as follows, and hereby declare and create the folowing driveway and utility access easement and related covenants. al of which shall run with the Parcels, and be binding upon the respective ownera and occupants from time to time (respectively, the "Owners ” and the "Occupants") of the Peroels; c 1 MWV WW ^ I l\ I • 4 MWI iri«W WWWMk.1% I 4 i. «^V^*r WWWW *T • W • t? • W*^W«^WWTT«i«^^ • • 1.P^ftflntjy ^ Eagwnant: U«e of Easement. (a) Deslarants, at ownare of Parcel A, hereby declare, grant, transfer and convey to the Owners of the Parcels, their heirs, personal representatlvos, auccessors and assigns, a perpetual, non-eaelusive easement (the ‘Easemenf) for private driveway, ingress and egress, both pedestrian and vehicular, and utHIty purposes over and across the Easement Area, fer the use and benefit of the Parcels, and for the use by the Owners and Occupants and their invitees and pubHc service providers, such as police, fire, bus arvi ambulance slices. (b) The use of the Easement created by this Declaration shall in each instance be subject to ail terms and conditions of this Declaration. (c) Except as rruiy be necessary in connection with the maintenance or Improvement of the Easement Area, no Owner or Occupant shall obstruct or Interfere with the rights and privileges of other Owners or Occupants In the Easement Area. No Owner or Occupant shaN obstruct or interfere with the passage of any vehicle over or across the Easement Area. No vehicles shaH be parked In or on the Easement Area fer a continuous period of time greater than twenty^ hours. No vehicular repair or maintenance may be conducted In or on the Easement Area. Any Owner may delegate Ws right of enjoyment to the Easement Area to such Owner's tenants who reside on such Owner's Parcel, to the members of such Owner's femNy and to such Owner’s guests and Invitees. (e) No Owner may exempt himself from the liability fer paying such Owner's Cost Share of Easement Area Costs, as those terms are hereinafter i I '"'TVT^c F T■ ■■■ .dsflntd, by waiver of the use or enjoyment of the Easement or Easement Area, or by the abandonment of such Owner's Parcel. 3. Easement Declarants, for themselves and their heirs, personal representatives, successors and assigns, hereby assume and agree to pay, in the respective Cost Shares set forth below, all costs, fees, expenses and other charges and expenditures associated with the Easement Area (the "Easement Area Costs"), Including, without limitation (a) all costs of maintaining, repairing and replacing, if necessary, the private driveway to at least the standard of quality as may be required from time to time by any applicabte provisions of the City's ordinances; (b) ali costs of snow plowing and snow removal, sanding and salting, as necessary, sweeping and the deering of any debris, lighting, striping and curbing, all as may be reasonably necessary or as may be required by applicable City ordiruinces; (c) such real estate taxes and assessments, if any, as may be separately levied on the Easement Area; (d) such liability insurance or other insurance, if any, as may be required in addition to a standard homeowner's policy of property insurance; (e) the expense of such landscaping and grounds maintenance as may be required from time to time to maintain the Easement Area in a neat and attractive condition; and (f) such capital expenditures as may be reasonably requirad to repair, maintain and replaoe. If necessary, the driveway within the Easement Area and any related Improvements, same in good condition and repair. 4. Shares. The Owners of thaParcela shall pay and be responsible for the foNcwIng respective percentage shares Share" or "Cost Shares'^ of the Eaqsment Area Costs: i«wv I 1% 1 1« i9«ii«i II I * k. WW-* Cfwww IV n I V I n I v^vwwtt wu i «w (a) The Owner(s) of Parcel A 56% (b) The OMner(s) of Parcel B 50% (c) Upon the subdivitlon of eHher of the Parcels, the Owners of the lots resulting from such subdlvmon shall pay and be responsible for, In the aggregate, the Cost Share of the Parcel so subdivided. In the absence of a recorded agreement setting forth the shares to be aggregated, it shall be assumed that the Owners of the lots resulting from such subdivision will share equally in the Cost Share of the Parcel so subdivided, and such assumption shall be binding upon such Owners until an agreement by them to the contrary is recorded with the Hennepin County Recorder. Thus, by example, If Parcel A were to be subdivided into two new lots, absent a recorded agreement of the Owners of the newly subdivided lots to the contrary, the Owner of each new lot would pay and be responsfole for one4ialf of Parcel A's 50% Cost Share, or 25% each. 5. AdminiatratiQn. The Owner of Parcel B and such Owner's successors ad assigns ahaN administer the provisions of this Declaration until the Owner of a different Parcel, or lot subdivided therefrom. Is eleetad to administer this Declaration by a melority vote of the Owners of the Parcels, or lots subdivided therefrom, with such Owners having a percentage vote equal to the percentage Cost Share alfocated to such Owner's Parcel or lot pursuant to paragraph 4 ftereof. The Owner then acting as the administrator of this Dedaratfon (the "Administrator^ shaM make all decisions with respect to what Easement Area repair or improvem ent is to be performed, and at what timas, and what Easement Area Costs are to be Incurred and bWed, and at what times. Tht AdmmWfrtor, in Ns. her or their discretion, may determine the procedure for b»ling the Owners of the Parcels or lots, end may bill the Owners In advance of Easement Area Costs being Incurred. Such Costs may be billed for such periods of time, and at such ffoquency as the Administrator may determine from time to time. The Administrator shall pay any Easement Area real estate taxes and special assessments, to the extant the Easement Area Is separately assessed, and shall maintain, or cause to be maintained, the Easement Area in a neat, clean and attractive manner and in a manner at least consistent with the applicable provisions of the City’s ordinances. The decisions of the Administrator shall be at the Administrator's sole dtecretlon: provided, however, that any other Owner may seek by action for declaratory Judgment or other appropriate remedy, a determination by the Hennepin County District Court of the featnnebitnev of the Administrator’s decisions. In such event, the Court’s decision of ftisonablenoss shall be determinative, but the Administrator shall not be liable for damaoes In the event the Administfator's decisions are overruled or amended. 6. PawfiMini of Cost Shams. Each Owner of a Parcel shall pay the Administrator a sum equal to such Owner's Cost Share, m monthly, quarterly, semi annual or annuel Installments (as determined by the Administrator). Unless otherwise iw thm AdminIsIralDr. such installmente shall be payable in advance, and shall be due on the first day of such payment period. InstaMmonts not paid within ten (10) days of the due date thereof shall accrue interest from such due date at the rate of two percent (2%) per annum above the prime rate published In the Money Rates section of dM Wall Gtreet Journal (or a comparable substitute rate chosen by the Administrator, If the said prime rate Is no longer avaNoble). or at the highest interest rate permitted by M f law, whidMVtr is less (the "Oefisull Rets ”). If payable in advance, such installments Shan be based on the Administrator's reasonable estimate of Easement Area Costs made and given to each Owner of a Parcel at the beginning of each calendar year or as soon thereafter as Is reasonably possible. WHhln sbcty (60) days after the end of each calendar yeari or as soon thereafter as is reasonably possible, the Administrator shall himish an Itemized statement of actual Easement Area Costs and each Parcel Owner ’s Cost Share thereof. The statement shan be certifled to by the Administrator. If, at the end of any calendar year, the amount paid by the Owner of a Parcel during the preceding calendar year Is less than such Owner ’s Cost Share, as shown on the statement, such Owner shall pay such deUdency within ten (10) days of notice thereof. In the event such Owner has paid more than its Cost Share, as shown on the stet^nent, such overpayment shall be credited against the next payment due the Administrator hereunder. The Administrator may, Iri Its discretion, and at any time or times, change Its billing procedure or change Its estimate of Easement Area Costs to reflect changes in the cost of Hems constHuting Easement Area Costs. 7. I fahiUtv inauranM! Watvws of Claims. The Owners shall carry, for the t of themselves and the Owners of the other Peroel, comprehensive general ilabUlty insurance relating to their use and enjoyment of the Easement Area amount or amounts as are from time to time reasonable and customary. The Administrator and each Owner of a Pared, and any lot subdivided therefrom, waive any rights which they may Im against each other for any claim for damages resuHing from a loss oovared by such Insurance or which could be oovered by such insurance. INUV lOD 1^10103 rit n I i^oriMwcuLocK I 3uni.i.ri n odoa lu ^ ri0 r h rd^d«Jd3H93^ r.dd I >e $. gnfafcement. (a) Ramadiet. In the event of any violation or threatened violation of any of the terms, restrictions, covenants or conditions provided In this Declaration, any one or more of the Administrator and the Owners of the Parcels, and any of their respective successors or assigns, shall have the right to enjoin such violatton or threatened violation in a court of competent Jurisdiction, as well as the right to obtain an order compelling specific performance of the obligations set forth herein, and to recover their attorneys’ fees and costs incurred in prosecuting any such performance. In addil by it within the notiee period provided below, the Owners of the Parcels, and any of them, may cure such default, and set off the cost of curing such default from foture payments of Easement Area CJosts due from the Owner or Owners effecting such cure. If performance of any act or obligation hereunder, except the obligation to pay Easement Area Costs, is prevented or delayed by act of God, war. labor dispute or other cause or causes beyond the reasonable control of the party who is to perform such obligation, the time for the performance of the act or obligation shall be extended for the period that such act or performance la datayed or prevented by any such cause. (c) Notiee Before Default. An Owner shall not be in defeuN under this Declaration, except under such provisions as require payment or performance on or before a spedflo date within a spedfied period of time, unless such Owner S'- has been given a written noboe specifying the default and fails to cure it within ten (10) days of such notice, or within such longer period of time as may be reasonably required to cure such default, up to a maximum of thirty (30) days. (d) t^oiiacHon of Cost Shares . Each present Owner of a Parcel, and each future Owner of a Parcel, whether or not it shall be so expressed in the conveyance or assignment to such Owner, hereby covenants with the Owners of each of the other Parcels that such Owner shall pay promptly when due such Owner's Cost Share of Easement Area Costs. Each Owner's Cost Share of Easement Area Costs, together with interest at the Default Rate, attorneys' fees incurred in col Parcel ftom the date such Cost Share, or any Installment payment thereof. becomes deUnquent. and such lien may be enforced by foreclosure thereof in the same manner as a mortgage either by action or by advertisement, the power of sale being hereby expressly granted. However, such lien shall be subordinate to the Hen of any first mortgage on a Parcel, and the sale or transfer of a Parcel mortgage extinguish the Hen of such Percentage Share as to payments thereof which became due prior to such sale or transfer. No such sale or transfer shall relieve a Parcei or Ha Owner from liability for any installments of Easement Area Costs thereatter becoming due or from the Hen thereof. Any lien dabn filed for record pursuant hereto shaH tarmin a tB one (1) year after the filing thereof, unless a foreclosure by advertisement or by action has been IntHated before the end of the one*year period. In addition, each such inctoMment of Easemerrt Area Costs, i i •^1 f -r: together with interest thereon et the Defisult Rate, and costs and attorneys' fees incurred in coliection thereof, aheii be the personai obligation of the person or entity who was the Ovwrer of the Parcel at the time such installment became payable. The personal obligation for delinquent payments of Easement Area Costa shaU not pass to such Owner's successors in title unless expressly assumed by them. Such personal obligations may be enforced by an action at law and by Judgment against the Owner In question. 0. Condemnation . In the event the whole or any part of. or any interest in, the Easem e nt Area is or are taken for any public or quasi-public use under any governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in Ueu thereof, the Owners of the Parcels shall not share in any award, compensation or other payment made by reason of the taking of the Easement Area or any part thereof, or any interest therein, and all such awards, compensation or other payment shall belong entirely to the Ciwner of Parcel A. Notwithstanding the foregoing, any Owner shall be free to punsue claims in condemnation relating to a denial or curtailment of access to such Owner's Parcel or to the diminution in value of such Owner's Parcel by reason of the loss of access. 10. Pisum Conuevancea. The Easement and the covenants created and dedared by this Declaration shal be incorporated by reference in all future conveyances, mortgages, assIgnmontB and other transfers of the Parcels, or portions thereof; provided, however, that notwithstanding any failure to incorporate this Oedaration by referanoe In such Mure conveyances, mortgages, assignments and other transfers, such easements and covananta shaU run witii the Parcels as easements i 1 ' 1 i f. MW <UW A Lm • ||\ ll*l'l«JliriWWVi«b.A^k.l%IWVnWWI a Am WW*t WWWW IW H»ICIIfflC«*tWWOOVt«J%44» I 9 A A arid oovananta appurtanantlhareto without the neoacsity of specific reference thereto or oonveyanoe, eielQnnieiit, mortgage or other tranffer thereof. 11. No Dedication . Nothing coritalned in ttiis Declaration shall be deemed to ^ oonstitiite a gHI, grant or dedication of any portion of the Easement Parcel to the general public for any public purpose whatsoever, It being the intention of the Declarants that, except as otherwfee set forth tiereln, this Declaration shall be strictly limited to the private use of the Owners and Occupants of the Parcels. This Declaration is intended to benefit the Owners and their respective successors and assigns, and is not Intended to benefit any person as a third-party benefidary frereunder or to give any such person any rights hereunder. 12. Amandmant. The Easement and covenants created and declared by this Declaration may. at any time and from time to time, be amended upon the filing for record in the office of the Hennepin County Recorder of an agreement amending this Declaration, executed in the manner required by law for the recording of a conveyance of real property by the then Owners, both legal end equitable, of the Parcels, and consenlad to by the mortgagees of the Parcels, if the Parcels are then subject to a mortgage or mortgages. 13. Term. The covenants created by this Declaration shaU continue in full force and effect for so long as the Easement created and declared hereby shall cenfinua. Dedarants represent stkI warrant that they are the Owners of the Parcels and have fun right, tHla and authority to enter into this Dedaratton. ■*1 NUV/ tfO ^10103 I C • CO r 1% 11 A inwiwwk-wfc.1% • w V* • — MlAcellanaoui. (a) jtoticea. Any notices and other communications permitted or raquirad by the previsions of this Dedaratlon shall be in writing and shall be deemed to have been property given or served by depositing the same with the United States Postal Service, or any official successor thereto, designated as registered or certified maM. return receipt requested, bearing adequate postage, or delivery by reputable private courier, and addressed as hereinafter provided Each such notice shall be effective upon being so deposited. The time period within which a response to any such notice must be given, however, shall commence to run ftbm the date of receipt of the notice by the addressee thereof. Rejection or other raffusel to accept or the Inanity to deliver because of changed address of which no notloa was given shall be deemed to be receipt of the notice aent By giving at least ten <10) days notice thereof, a Declarant. Ovmer or Occupant shall have the right from time to dme and at any tima during the term of this Deoferatinn to charrge its address and shal have the right to specify as its address any other address within the United States of America. 0)) Mo Pertnwshio. Nothing contained in this Declaration end no e action by the Declarants or Owners shall bo deemed or construed by the Declarants or Owners or by any third person to create the relationship of principal s and agent, or a partnarehip, or a joint vanture, or any association betvreen or among any of the Declarants or Ownars. (c) Sevarablinv . If any provision of this Declaration is, to any extent declared by a court of competent jurisdiction to be invalid or unenforceable, the \ V M i-*, rwiMindar of this Doctamllon (or th« tppttcallon of such provision to persons or droumstonoes other than those In respect of which the detennlnetlon of invalidity or unentoiosebmty was made) shaR not be affscted thereby, and each provision of this Declaration shall be valid aiKi enforceable to the fullest extent permitted by law. 1^. This Declaration shall be construed in accordance with the laws of the «ato of Minnesota. (e) caotiona . The captions of the paragraphs of this Declaration are for c onvenienoa only and are not Intsnded to affoct the Interpretatton or Gonstmetlon of the provisions herein contained. (f) Ite- Time Is of the essence of this Declaration. (8) BMina BhcL The provisions of this Declaration shaN be binding on the Owners and their respective successors and assigns. IN AGREEMENT, this Dedaralion has been executed effoctive as of the date first above writton. DECLARANTS: Judson M. Dayton Elisabeth J. Dayton • r xA \ »* • ! 4 ’ i '<*' ‘ • . STATE OF MINNESOTA ) )88. COUNTY OF HENNEPIN ) Jng inttrument wit acknowledged before , 2005. by Judton M. Dayton, a alngla person. day of Notary PubHc STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing intinjment was aoknowladged before me this 2005, by Elisabsth J. Dayton, a single person. day of Notary Pubic THIS INSTRUMENT DRAFTED BY John B. Winston Winston Law Oflloa 3012 IDS Center SO South iF* Street Minneapolia. MN 55402 mm "5= vV ^ 1 ‘ ( r L-^ CITY OF ORONO 2750 Kdlcy Parkway P.O. Box 06 Ciyatal Bay, MN 55323 (952)249-4600 ZONING FILE: ^05-3160 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 26,2005 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 24.2005 Council Motion: Table, to allow applicant to provide a draft driveway easement for review and consideration on November 14. Council indicated no problem with the layout, but acknoMdedged the City Attorney’s concerns regarding the driveway easement language having potential impacts on future subdivision of the large parcel, and suggested that applicant’s attorney provide easement language with respect to such concerns. VOTE: 3 FOR 0 AGAINST ^)pUcant's next scheduled meeting is confirmed as: Council - Monday, November 14.2005 - meeting begins at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the Council. If you have qtwstions, please call Planning Director Mike Gaffron at 952-249-4600. a', :.5V; vV 1 Date Application Received: 9*21<05 Date Application Considered as Complete: 9-21-05 120-Day Review l^eriod Expires: 11-20-0S REQUEST FOR COUNCIL ACTION Date: October 20,2005 Item No.: j j Department Approval: Administrator Approval: Name: Michael P. Gaffron^^p^^^ Agenda Section: Zoning Title: Planning Director Item Description: ti05-3160 Judson M. Dayton, 825 Old Crystal Bay Rd. S. • Proposed Subdivision of a Lot Line ReaiTangement - Proposed Driveway Easement Parcels Involved/ Property Area: Existine Proposed 09-117-23 21 0001 21 ac. ±21.58 ac. Gross (19.53 ac. Dry) 09-117-23 21 0004 3 ac. +NA NA 09-117-23 21 0005 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 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) fommlize a driveway easement through the 21-acre parcel out to Old Crystal 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 w^ive platting C - Memo and E.xhibits of October 12 -----w.— #05-3160 October 20,2005 Pigt2 Discussion PLEASE REVIEW THE MEMO AND EXHIBITS OF OCTOBER 12. Planning Commission Recommendation Planning Commission 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 reairangement and creation of driveway easement as presented; and that this application should not be subject to platting, and should not 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 0-75’ 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 Recommendation If Council reaches the same conclusions as Planning Commission, direct staff to draft a resolution for approval for adoption on November 14. The City Attorney may wish to comment on the plat waiver statutes. /t*. ' ;.#r ‘ ♦ ; -1 ? V. ■ . V ■r t*V". ■ ' i' ii‘ ■ ‘.t ■ •: A,-l' ■ i. 'W.rc V » W * >• V * ,T V • V . ---- ^ . I *4 4 rt ■ * ■•h' f. •-^3 'J, I 4 Date Application Received: 9-21-05 Date Application Considered as Compiete: 9-21-05 120-Day Review Period Expires: 11-20-05 To;Chair Rahn and Planning Commissioners Ron Moorse, City Administrator From: Date: Mike Gaffron, Planning Director^^^^^,/^ October 12,2005 Subject:#05-3160 Judson M. Dayton, 825 Old Crystal Bay Rd. S. - Proposed Subdivision of a Lot Line Rearrangement - Proposed Driveway Easement Parcels 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 NA 5.46 ac. Gross (19.53 ac. Dry) NA ( 5.26 ac. Diy) Zoning District: 27 ac. + 27.04 ac. Gross (24.79 ac. Dry) LR-1 A, 2.0-acre Single Family Lakeshore Residential I 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 i.s to 1 ) combine the two smaller parcels into one 5-acre building site; 2) then rearrange tire lot line between this combination and the 21 -acre parcel to straigliten 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 - Sui'vey: Lot Line Rearrangement/Easement Proposal B - Application C - Letter to Applicant 9-14-05 D - Code Excerpts E - Airphoto F - Plat Map G - Property Owners List H - Prior Resolutions I - Septic System Information C 4 4 MOS-3160 October 12,2005 Page 2 Pertinent Code Sections 1.78-305(b): LR-1A Lot Standards The following minimum requirements shall be observed: Lot Area (acre)Lot Width (feel) 200 Front Yard (feet)Side Yard (feel)Side Yard Adjacent to Street (feet) Rear Yard (feci) 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) Plat VS Metes and Bounds Division Applicant is proposing a combination and lot line rearrangement involving 3 tax parcels, wift the result that three existing parcels become just two parcels. Staff has reviewed this af^iication with the City Attorney and the applicants, and it was concluded that this could not be done administratively; even though both resulting lots are compliant with LR-1 A 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 S-acre parcel is considered as a back lot, and this triggers the need to create a formal 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 defmition a Class 1 Subdivision per 82-15(a), and thereforj could not be handled administratively. Further, on the basis that the resulting 5-acre lot is in fact a ‘back lot ’ by defmition (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 apparently concluded that tlie County will accept this as a metes and bounds cembination/division, rather than requiring a plat or Registered Land Survey (RLS), which would result in legal descriptions temg Lot or Tract numbers rather than long, cumbersome nietes-and-bounds descriptions as proposed. If the County requires this be an RLS. the easement will likely end up as a separate Tract. Ii Ii ■I 5- U r • MS-3160 October 12,2005 Page 3 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 1 subdivision allowed via metes and bounds if each lot is S 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 platted Outlot, rather tlian 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 tlie average setback line for the adjacent Hoyt laksshore property on Little Orchard Road, although replacement of that cabin witli 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 S-acre parcel. Guest House, Horse Barn, Easement Impacts The 21 acre parcel contains a residence, a caretaker house, and a large horse barn 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 e.xpand to 5,168 s.f. where the Oversize Accessory Structures ordinance would have allowed onlv a 3,000 s.f. building, based on the site being 23 acres (the west smaller lot was included in that area; the east smaller lot possibly had not yet been acquired by applicant). ■< W5-3160 October 12,2005 Pate 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 barn is connected to that system. The proposed 30 ’ easement will extend to within a few feet of the horse bam, and to vidthin about 35 ’ of the caretaker house; if titis easement is required to be a platted Outlot, the 50 ’ 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 ^ould, 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 topography suitable Tor septic systems, although no testing has been provided. If this has to be a plat, septic testii g should be provided to confum adequate sites on each parcel. The entire propeity is within the MUSA; if the 21 acre parcel were to be fuilher subdivided into 2-.icre lots, it might be must 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.? 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 fumre date, the bam caretaker apartment CUP automatically expires and the owner must apply for a new guest house CUP... does tliis subdivision proposal trigger tliis condition, or was it the intent to only require such a CUP renewal if the property on which the bam sits gets significantly smaller...? What should happen with the structures on the 5-acre parcel that are less than 75' from the lake? Other issues for discussion? A m i'i «0»160 Oetober 12,260S Pages Staff Rccommendatbn 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 in^lications noted above that come along with a plat, then the application should be tabled to allow the applicant to bring back a preliminary plat drawing, showing specific setback impacts, etc. 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 S*acre lot should be removed or relocated. ,;fu :-i.v ■I' pv v-vi .,lr - r ! I lU ............. ■iiiii gosMautma IJ. Memorandum Date: To: OOUNCIL MEETING non 42006 CfTYCFORORT" From: RE: November 10,2005 City Administrator Mayor Members of the Council Janice Gundlach, City Planner^ Appeal -1535 Bolin*s Point Road - Gate Height Interpretation Attachments A - 11 >10^5 Letter firom Paul B. Zisla B - 9-12>0S Council Minutes C - 9«8^S Council Memo At the 9> 12*05 Council meeting, the Zoning Ordinance a{^>eal regarding the gate height restrictions at 1535 Bolin’s Point Road was tabled. The purpose of the tabling was to allow the Couik U to discuss the issue in a non*biased manner, as consideration of amendments to the Zoning Ordiiuuice were suggested by City staff. The Council discussed this issue at a work session on 9*27*05 and has directed staff to move forward with amendment language clarifying gate height restrictions, when in accordance with entrance monuments. This amendment language was discussed by the Plaiuiing Commission at a work session on 11*2*05 and a public hearing will be formally held on 11*21*05. The matter of the Ordiiuuice language appeal remains open. The manufacturer of the gates, Simply Automation not Beaver Landscaping, has obtaiiied an attorney who has submitted a letter requesting that the gates be considered an appurtenance to the monuments, which are permitted a height of 8 feet. The City Anomey has been consulted on this argument and will provide direction to the Council at the meeting. / • ’•-y- Wlr ^OU 10 2005 10:27 AM FR HINSHAU«'CULBERTS0NLLP334888B TO 47074752031 tt9522 P.02 IHMi OI:4lu FraHMt 4 BARIfn MiOO T-614 P.02/B1 P-102 MOSS & BARNETT A Profef^Aoaiil AkpociinoA tiMn Ia oofMiit ^6dC \Mclu Ctfnttr MM# raulM 90 iMch SricnUi MuUtopoli. MN S540M128; fi ^;!?ssss fSS ^•#14. «mON Tuonai Novtmterl0,2005 cm JIImMV Mah C }4I4mI fetMMC# MIICMI.MIMS r a :j ouiM PMur j b Oum O «OM« tK#iwM ■ten NlWlClffioMiiMcmxn jOtm k MOU .§ i» nt%«# TBnmnw e^tetin nVilfMT 9rnmi m MMMltOU KteJ •! HiiMatmn MmhaS j#iia%j »t—■■ •iiCfwJi s roi«cite iAte*aWf44 itfACte OteteTj AmAMAte AAifM A WWUteD W4#MTI«fllljlM IU4A •antA #uiN rmtA lAtot icfMii ■QMMniMI M aam Mitite j %lACi«lff OfCOMIV lalOnAAt lUAIBl AftTIIUIj CUMAMAM yu FACsmu£,E-mAii AND V.S, Mail Tbomis J. Banen. Eiq. Hkshaw te Culbemon IXP 232 South Nimh Smet SuiM 3100 MitiHMjinlk, MN S5402-3336 Rt: Caies at IS3S Bohn’s Poini Road. Orono OurFUeNo.: 47209.1 i»mSS: DearMr.Bairm: We tepresem Simpl> Autamation, die company that designed and manu&cmcd the main and side entrance gatts at the propenyieftned to above. There seems to be some controversy as lo the proper ap^catioD of die City of Qioao zoning code to these unique pses. Asa coQseqaence. the owner may not be able to use them. The extraordinary investmem in the gates could be lost, magnifying the importance of an otherwise easily lemedirt in the code. This lener explains why the City should allow the main and side gates to remain in place and the installations completed We request an opporomity to discuss this matter with you and the siaiT prior to the November 14 City Council inectiog. Our client created die gates expressly for die Bohn’s Poim residence. They are designed and engmeered as integral elemems of the entnoce monument systems. The highest poini of each gate is below the top of the monumem installation. The top of the 17 foot, two inch across, main gaie is seven feet, 10 inches from the ground. The top of die 16 fret across side gate is seven feet, eight inches from the ground. Inienial structures of the monuments hold and su^xm the gates. After the monuments were installed, the gates were snached to assure proper fining and balance. To avoid damage, the gates were temporarily removed for painting. The main gate was inidally placed on the monuments in early July, removed fat paimiag, and reinstalled two to three weeks later. The side gate was also initially installedai^dienremoved for paimiiig. liis ready for re-hanging. Keeping the status quo simply means leaving the monuments and the main gate in place and allowing reinstailatien of the side gate. ^ ’ oy le 2^885 ',»■ H^HBU>CULBERTS0NLLP3MeaBB TO 47B7_»7S2B3il«9S22 ^P.B3 Tlioatti J. BtfiMB Es<l> November 10»200S Fftgel MOSS &. BARNETT A rrofcsstoiwl Ascecutioa iii»Bm«iB^^«itii«i«Mffennaida«^gimesuWeCTtoib»8Uferthcithtliinnxhi«eppliesm 4^^ Homgvtr. cede gems in coi^unciioii wtifa nom imems, noi m conjunction IStoaTThe laa(iit|e etuSm 7H40S(I) ipecifitBUy itfutaw ™»nce monuniMiB md MhSfihef«dooK(!oio»M». Hoe,itetBC«i«edwdyip»n»ftte«ii«<;«iiy^^ Mtm mdiMIUrts of* fence. Keilhetgue exceed*fee Secdonfl-ldOfedlh. The oidiiieiietdtow* dual. Ac*feeii*iUyiBdphyiic*lly.feeg^^dBThe lelevea code **««i doe. BOichmcBnirfeni «»*«*“• At mosh fee oedfeiiicel^ioomfeccoBWttuigik »«***» ftmiMn ii nmy be imbituous or incomplcie, end ihe City is addtessxDg dm uncemimj^Nonetheless. L1 iMimr of lew, dm ordiimice muf! be coimnied ia ftvor of the prop^owner and In ameaner which Umittth* scope oftbewsoieiionoiidie use of the prtpeny. Therefore. ihe hei|ht limit is etfht ftcT. »■ >er« SSbow The cotl woSbe in excess of $44,000 eonsidoing the amomiif aliea^ iwested indesitidueadminuftciuiiiigthe gams, removal, redesign. tnylhng lepUconaic gaws. and modifying the monumeats. Aldwu^ eon elw mayI5KlU»ues, Sme damages indIcam dw sigmlkence of dm »ssm fbr the on«» end our dim^ Given dm dm helgbii of dm mein end silte gates confbim » die relearn co^ tnd gate insialUcions are esscndally complete, and that die CiQr rr--^j“* dm the code, it is entirely reasonable to allow the owner tt use the f**V?^*-^Ciiv harmw the owner of an adverse iniexpretaiion *•«««»‘^®‘**r**^^ of allowing the integraied monumems and gates a» the property, and nmultaneously modalying the code so that fiirurc ptes comply with the lienee standards. I look IbnMerd to discussing this matter with you. Very truly yours. 'yA/r\ Paul B. Zisla ^ ^$2/mscc cc: Mr. Jim Andioay •a)t44«i •t L MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12,2005 7:00 o’dock p.m. (4. 405-3143 DANHESSBVRG OFHESSBURGDEVELOPMENT, INC., 774 TONKAWA ROAD, CoHtimuetO McMUlu moved. White tccondcd, to adopt RESOLUTION NO. 5377, a Resolution granting lot area, lot width and hardcover variances for Dan Hessburg of Hessburg DcvelopnMnt, Inc., 774 Tonkawa Road, subject to review and approval of the grading and drainage plan hy tbe City Engineer. There were no public comments regarding this application. VOTE: Ayes 4, Nays 0. 5. APPEAL -1535 BOHN'S POINT ROAD - GATE HEIGHT AND SIGNAGE INTERPRETATION David Sonka, Bever Landscaping, was present. City Attorney Barrett indicated he has spoken with Staff regarding this appeal. Barrett stated with respect to the gate height, there is some ambiguity in the City ordinances and Staff is unclear whether it should be treated as a fence or not. Barrett stated the City Council should determine the policy on gate height, which would enable Staff to interpret the ordinance. Barrett stated the second issue before the Council relates to the signage interpretation and that in his opinion the ordinance does not allow estate names and it does not need to be heard on tonight ’s appeal. Murphy expressed a concern that a city policy be decided tonight as part of this appeal. Barrett staled the City Council does have the right to table the application in order to further review what the city's policy on this issue should be. Murphy stated it is difficult to make a decision on one application that would affect other property owners in the City. White concurred with Murphy that it is difficult to make a decision tonight on an item that would affect a number of other residents. White noted other cities have allowed estate names on gates and over gates. Brad Roehl, Long Lake Fire Chief, indicated he does have a concern with the width of the gate and the direction that the gate faces the road. Roehl indicated tliere are some properties in the community that have gates that make it difficult for emergency vehicles to access the property. White inquired whether Staff is able tr determine how the gate is oriented to the road Gundlach indicated the location of t'le gate is not depicted on the survey submitted to the City. Gundlach stated the monument ordinance requires a five-foot setback and that the gate complies with that requirement. White inquired what happens if the gate is locked and the tire department needs to access the property'. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, September 12,2005 7:00 o’clock p.m. (5. AFPEAL -1535 BOHN’S POINT ROAD -GATE HEIGHT AND SIGNAGE INTERPRETATION, CottHmied) Roehl stated that also is an issue and that some properties are putting lock boxes next to the gate to allow for access by the police and fire departments. Sonka stated it is his understanding the device is a sound activated device and would automatically open for a police, ambulance or fire siren. Peterson inquired whether the Council would need to make a decision tonight. Gaffron indicated this is part of a building permit application and that he is not sure whether the 60 days would apply in this instance. Peterson stated since this is a policy decision, she is reluctant to make a fmal decision tonight. Barrett recommended the City act within the 60 days and that a request could be made to extend the 60^y deadline if necessary. Gaffron slated to his understanding this ^rplication would need to be decided by the middle of October. Sonka stated the property owner has experienced some vandalism on the lot and that the gate is intended to be a security measure. Peterson inquired whether the property owner would be amenable to extending the time limit. Sonka indicated he would need to discuss it with the property owners. Muri^y noted this decision would have city-wide implications and should be discussed in greater depth. Mttrpby moved. White secoaded, to table actloB oo the appeal by Bever Laadscaplog on behalf of Adam aad Katby LaFavre, 1535 Boha’s Poiat Road, to allow for additioaal discussion aad research oa this Isaac. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT The Mayor/Council report follows Item No. 12. PUBLIC SERVICE DIRECTOR’S REPORT *6. REQUEST FOR PAYMENT NO. 2 - NAVARRE WATER TOWER REHABILITATION Murphy moved. White secoaded, to approve Request for Payment No. 2 for the Navarre Water Tower RebablHtatioB Project to Classic Protective Coatlafs, McBoaroaic, WIscobsIb, la the amouat of $61,659.75. VOTE: Ayes 4, Nays 0. PAGES naiBitiiM F REQUEST FOR COUNCIL ACTION m Date: September 8,200S Item No. l ‘II Department Approval:Administrator Approval: Name: Janice Gundlach Title: City Planner Agenda Section: Zoning item Description: Sever Landscaping on behalf of Adam & Kathy LaFavre. 1S3S Bohn’s Point Road - Appeal of a Stafflnterpretation Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshore Residential District (1 acre minimum) 5.52 acres (240,380 s.f.) --495 feet List of Exhibits A - Application B - Applicant ’s Narrative C - Elevation View of Proposed Gates D-City Code Section 78*1405: Nonencroachments E - City Code Section 78-1 & 78-1467 Pertaining to Residential Signage GATE HEIGHT The applicant submitted for a building permit for a number of landscaping improvements and also construction of entrance monuments with gates. Staffs review of the gates concluded that the gate height is limited to 42” per the fence ordinance for a rear/street yard of a lakeshore lot not on a major thoroughfare. The 42” limitation is a result of staff defaulting to the fence height limitations as there is not anything in the ordinance regarding gate height. The gates proposed as shown on the permit approach 7.25 ’ in height at the highest point with the majority of the gate at a height of 5.3*. Rather than allowing the applicant to apply for a variance staff felt it would be more appropriate for the applicant to appeal the staff inteipretation regarding the 42” limitation, as neither the entrance monument or fence sections of the ordinance address gate height. Staff also felt this was an opportunity for the Council to direct staff if something other than the 42” should be permitted. After reviewing many of the existing entrance gates in the community it became clear to staff that the majority existing under similar parameters meet the 42” limitation, however there are a few anomalies. It should also be noted that the entrance monument section of the code is fairlv new 0 (adopted 5/04). where many of the entrance monuments and gates existing in the City were leviewed and approved 1 tsed on interpretations of the fence regulations. Staff finds that because the i monuments are now formally regulated by ordinance and that the monuments themselves can be eight feet in height, allowing the gates existing between the monuments to approach a height greater than 42" may be reasonable. NAMEPLATE SIGNAGE Staff also is somewhat concerned with the signage proposed on th« gates being: “Living Waters Est. 2004". The sign ordinance permits a nameplate of two square feet with a nameplate defined as “any sign Mliich the name or address or both of the business or occupant of the lot where the sign i^ placed or may be a directory listing the names, addresses and business of occupants." The ^>plicant has the signage is to marie the name of the estate. This technically isn’t permitted per the sign code and staff would like clarification fiom the Council of whether estate names are acceptable. A review of the gates existing in the community yielded existence of few, if any, gates with signage of anything other than an address or resident name. The signage proposed complies with the two square foot limitation. COUNCIL ACTION REQUESTED Direct staff on the acceptable gate height and signage content. This may include a specific interpretation of the ordinimee and/or include a revision to the ordinance for future clarification. .V J ( . COUNCIL MEETING NOV 1 42005REQUEST FOR COUNCIL ACTION CTTYOFORONO DATE: November 14.2005 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Change Order #3, Lee Ca^on Baseball Field Trail Project This trail connects the Three Rivers Park District regional trail along Old Crystal Bay Road to the Willow View development trail along the south side of County Road 6. This trail is being funded utilizing Municipal State Aid Funds and Hennepin County Cost Sharing Funds for trails located along County Highways. This change order is to bring in topsoil, finish grade, and seed the area adjacent to the access road which was recently paved to prevent erosion of the aggregate base on the road. Paving of the road raised the elevation resulting in the blocking of drainage across the access road in several areas and the ponding of water adjacent to the road. We have reviewed the information submitted by the City's engineering firm and recommend approval of this change order in the amount of $4,700 to bring in topsoil, finish grade, and seed th' area adjacent to the access road to correct a drainage problem. The costs for this trail project are being reimbursed to the City from Municipal State Aid Funds and Hennepin County Cost Sharing Funds for trail construction. The project funding agreement was based on an estimated construction cost of $123,700. The $59,802.70 project bid price received was lower than e.xpectcd. so there arc adequate funds available to complete this work COUNCIL ACTION REQUESTED: Motion to approve Change Order Number 3, Lee Carlson Baseball Field Trail Project for D.MJ Contracting. Medina Minnesota in the amount of S4.700 to be funded from the 2005 .Municipal State Aid Fund Budget with approval of a budget adjustment to reflect this expenditure. t ." -> £ ; 1 ■oncftroo ^AndtrH(& |\]^ Associates nfMMfl * ArcMMCM O mut CitvofOtowe. PO Box 66. CtytUi B»y. MN 55323-0066 Date Novetriber 7,200S CantfMtof: DMJ CorporHion. 2392 Pioneer Trail. Himtl. MN SS340 BendComoany: UnltedFifeandCatualtvCompeny (lA). .PO Box 73909. Ceder Rapidai. »A. 52407 Bond No: 54-145242 •i! •4. CHANGE ORDER NO. 3 LEE CARLSON BALLFIELD TRAtt. BRA FILE NO. 000139-03126-0 naaeriadeBofWork This Change Order provides for the installation of topsoil to restore grades and establish vegetation adjacent to the newly paved aecess road. Item Unit Contrict Qutncitv Unit Price Total Amount CHANGE ORDER NO. 3 TOPSOlU SEEDING. AND GRADING TOTAL CHANCE ORDER NO. 3: I S4J00.00 S4.700.00 $4,700.00 . . ^ N •• • PKlimm ' V>N V'" )riginal Contract Amount *reviop Change Orders fhis Change Order levised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Driginal Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date); $59,802.70 $27,998.32 $4,700.00 $92,501.02 Contract Time with alt approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLUC & ASSOCIATES, INC. Contractor: DaU: Approved by DM J CORPORATION Approved by Owner: CITY OF ORONO Datt Date cc: Owner Contractor Bonding Company Bonestroo A Ai>oc P'JJ .UliPjVi L_^. •!2K COUNCIL MEETING N0V142U05REQUEST FOR COUNCIL ACTION onroFORONo DATE: November 14.2005 ITEM NO.: ^ Dcpartncnt Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director ’s Report Item Description: Request for Final Payment Navarre Water Tower Rehabilitation We have reviewed the information submitted by the City’s engineering firm and recommend approval of this Request for Final Payment. COUNCIL ACTION REQUESTED: Motion to iipptow Request for Fiial Payment for the Navarre Water Tower Rehabilitatioit Project to Classic Protective Coatings, Menomonie Wisconsin in the amount of 510.48b.D5 • ■ i • V.-,; AV '■ V ■ ■■ /.f ■ -i • . -P^ /ikjKTjF Jr; - ■ • . It 1 1 I Bonestfoo .Itoiene |AssocMet Ktn & AfcNf Ktf Chtmar City of Ofono ■ PO BOX 66. Crystal Bay. MN 55323-0066 Date; October 10. 2005 For P«rWv1r B/31/2005 to 10/10/2005 Request No:3 & FINAL ria.«ir. Protective CoatiOQS. Inc.. N7670 State Highway 25. Menotrwnie, Wl 547M CONTRACTOR'S REQUEST FOR PAYMENf NAVARRE WATER TOWER REHABILITATION BRA FILE NO. 000139*04146-0 iMMARY 1 2 3 4 5 Original Contract Amount Change Order • Addition Change Order - Deduction Revised Contract Amount Value Completed to Date 6 Material on Hand 7 Amount Earned Leea Ratainage 0% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 8 9 10 11 12 207.231.00 s $ 2.500.00 0.00 3 & FINAL $209.731 00 s 209.731.00 s 0.00 $209 731 00 $0.00 s 209.731.00 $_ _ 199.244 45 $0.00 s 10.486 55 Recommended for Approval by: BONESTROO. ROSENE. ANDERLIK « MSOCIATES, INC. //M * ''0. Approved by Contractor: CLASSIC PROTECTIVE COATINGS, INC. Approved by Owner: CITY OF ORONC '-■.fcVr /ninr.rfgn ^ir.mrn.u'0G Specified Contract Compleuon Date: ?r-, Dale Item PART 1 • 200.000 OALLON ELEVATED RESERVOIR: 1 MOBILIZATION 2 EXTERIOR CLEANING. SURFACE PREPARATION, DISPOSAL. AND PAINTING (EXCLUDES CITY NAME SCHEME) 3 INTERIOR WET CLEANING. SURFACE PREPARATION. DISPOSAL. AND PAINTING 4 STRUCTURAL REPAIRS AND MODIFICATIONS 5 WELDING AND GRINDING OF ERECTION BRACKET SCAB MARKS AND WELD SPATTER 6 FUa NEGATIVE-AIR CONTAINMENT 7 CATHODIC PROTECTION 8 8’ HIGH CHAIN LINK FENCE TOTAL PART 1 - 200,000 GALLON ELEVATED RESERVOIR: alternate 1 ♦ PAINT APPLICATION OF CITY NAMES: 0 PAINTING CITY NAME SCHEME (ADO) TOTAL ALTERNATE 1 - PAINT APPUCATION OF CITY NAMES: Contract Unit Quantity Amount Unit Quantity Price to Date to Date LS 1 4000 00 1 $4,000.00 LS 1 49500 00 1 $49,500.00 LS 1 40260.00 1 $40.260 00 LS 1 31576.00 1 $31,576.00 HR 125 75.00 125 $9.37500 LS 1 45000.00 1 $45,000.00 LS 1 12740.00 1 $12,740.00 LF 154 70.00 154 $10.780 00 $203,231.00 1 4000 00 S4.000.00 $4,000.00 NANOEO 1 M0.1 Add m 12 inch by 18 inch vent hatch In bottom of tank bowl for aoceaa and ventilation during painting. TWa work not change the contract completion date. TOTAL CHANOC ORDER NO. 1 TOTAL PART 1 - 200.000 GALLON ELEVATED RESERVOIR) TOTAL ALTERNATE 1 - PAINT APPLICATION TOTAL CHANGE ORDER NO. 1 TOTAL WORK COMPLETED TO DATE 1 2500.00 S2.500.00 $2,500.00 $203,231.00 $4,000.00 $2,500 00 $209,731.00 ii.'.' -v/-. project payment status OWNER CITY OF ORO bra file no. 000139^14W contractor classic protective coatings. INC. CHANGE ORDERS No. Date Deacriptlon 7/25/2005 ITtiis Chanfl® Order provides for additional work (or this project See Change Order. PAYMENT SUMMARY No. From Retain) Malaflal on Hand Total Payment to Date Ratalnaoe Pay No. 3 & FINAL Total Amount Earned 731 00 iOrioinal Contract Change Orders $209,731.00 Revised Contract M. ^ f > i., _ __ \h X i-- V:... - ■ ■ ii mmm■r: ■ >.; - ' .'A' F-Z-:- Amount $2.500 00 Completed S207.231.00 S2.50000 $209,731 00 U JL» ^ • * — PP.OJECT: Navarre Water TouetCity of Orouo, MN ,,,.., ■:o,.,l',UOS c..-.,Oc Pvoi.ctl.o coa-.lngs VIA AllCHITECT: BonSStroo i AssocUtcs Disfri'o'.iiion 10 □ O-WIIER £] architect □ CONTRACTOR CONTRACT DATE:)06/15/05 □□ application no : 3 PERIOD TO; 09/12/05 PROJECT NOS. Orono> MN * < r I* »R Ki^habillCal loi) oC the Navarre Water lower _ ■■ ’ t V^l fOH l"’< '.lAilEH d . lo, |0,nK-m. ts ihor.-n hclow. m connccliun xv.ih «hc contraci ' . - lA Diaumcni '.j/l)i, li JUJchetl. I -.L ♦ •'• ■inr.T'.CT W.VJ ..........................{_2 07.?31.J0------------------ , , , 2,500.00 • /‘ A ;lt*' ♦ IH .'ovc’ ...........................* ■ -------------------------------- . .v.r.,i,HV roLV.it'fUl*,-1 t :i--------g 209,73i.o^ . i,-». ..wif »::.!£r >> d it-........> 209j.7J.UQO I 0.00 t 0.00 <* «»M d»‘O/ii »•* ‘ *»niplcicO Woik r o I L • *n G*"03> ?• - . 0 '»* t-ortnl < '**1111011 I* on ^ ; (* ♦iH* *■ ^»h o» ‘iiM II III i nUiti'ii I ul G >0:^)........ . .. V •: •* . I j.'' V n * .. |t.*iU * k?N f.iiic * TnUl) • • ;-t i. r'.‘i.-:vp H.' cuiVium-Tao rou • l.ii’. rt {mmii jini I C'-nilic.**' I ...................... I—244 ; H tSTVi .y .kT-n» w..- Q.QO ..........t 209,731.00. 10.486.55 •» . t'-X; 1 Ml^ II. h'K-l rRTv.lf!.'/ilJ K mI, » K.*V I • H* •*) *;i iA^o ii; % il .UftiMAUV 0.00 I !»♦ lIlIHUlv Im 0*vncf _ ^ I ♦*.*-»• ill*? ?nOi j..................._ 'IXiVr r r.K'A'H, hv Civ.nKc u-<ici f DDI lioNS DEDL’Cl IONS 2,500.00 0.00 0.00 b.oo 2, TOO.00 0.00 1 511^.00 ThciiildcftiRncd Comracot ccMf.cs .ha. .^hc bcs. of .he Contracor's . mation and belief ihc Wfo.k cove.ed by chis Appl.ca.ion for Pay.ncni has been <^c>niPlc « S Jcco.clancc with (he Contract Documents, that all amounts have been J Contractor lot v;o.k fo. winch previous Certificates fo. Payment wc.e issued and pay menis received from the Owner, and that cuncm payment shown herein iS now due CONTRACrr,/?. Classic Protective Coatings. Inc. By;\ / ,.A-. ■ ‘3 Da.e 09/12/05^ State of WI County of: Dunn Subscribed and sworn to befOiC me this 12 day of September Notary Public My Commission expires c^SJ^ \ At-2C'c8Yl^€^i ‘’S CStTi'iS’-ICAY'ti !cOITi rViVi!;;i!';C Vii’ In accordance with the Coniuct Documents, based on on site obsci vaiions and the data quality of the Vttnk is in accordance with the Coniiact Docuincnis. and int Coiuracor is entitled to payment of fic AMOUNT CERTIFIED. AtflOUtrr OS TlTHSO 5---------------------------— fAltr,ch explanalioii i/aniouin certi/ieri fUJJen J.wn iba antoutU applisct for /-i.V-V>/ fill /(gut es on ibit Applicciioii end on th* Conlhi>:e!l!on SbKt lbc;t r:-? cbeni^f.. fo conforr.i to fbi entount terfi/itd) architect Ry;_____________________________________ ---------------------------------------------- This Ceiiificaie is not negotiable The AMOUNT CERTIFIED is payab'e only .0 .he Con- •racioi named li-rem Issuance, paymen. and accepta.scc t>f oay nent : r--u*'tut prejudice to any rights of the Owner or Contractoi under this Connac* < -.Is5t rci. »«vM«Kr “‘ iw voinos. • AiA*T*t»2 . THERMICan ivsrmm " ;V.^r t^HIHdTOH. DC :uO.»^S.-,* • .V-nt»X>: vteKU« Ua toe t..-d ssr-ss. vtoo« to Istrt poe-=tKlon. • % • i .*• *4. ■-> -V V^ -i^ r>^ ;' Vvy,„ .; .jV :=/.. r I j ■ . :■: a II. >«.■■:;: WHS-'-EV AlA DOCUMENT *^^^3 o" ; .1 MIKII.H-.« •iVO'. /.rrLKlATIOi'i .‘.NO Crin iFICMI; FOR PAYMENT. ‘ •i.i,'•iii’i<(' ,imi.;*t MM .H signed Ccmfitanon, i.'. aaacited . ti. . t.Ml/11 .II- U low, .loioums are -.niril lo the ncaiesi tiolbr. ^ ,. . .........I I ...II i:oiiliJU.s vvh. K v;*rr.tl'k i<-i.iinas<-‘ application no 3 application OATP. 09/12/05 PERIOD TO 09/12/05 architect s PROJECT NO Orono, MN I )il .i \ •fii.:;U!ii M<-'N uF v;xii«K 6 / i I I I I *! Mobi ItZi^C ion Stiucuiial Kepaii Surrate Uepalra iniueni /Ti inie Int. 2nd r.ocii I III. Flrijsb (’nal Int. 2nd Coal E>;t. r*lni:»b (^oat Ext. Catliodli Piotection Lo|*o« 0hciMp ‘j i^rdci* I c D G WORK COMPtETfiD M IILIM'11 D FROM PREVIOUS \Ai ur.APPLICATION THIb l‘ERlOD ID ♦ 1) 4,000.00 4,000.00 0.00 31,576.00 31,576.00 0.00 9,375.00 9,375.00 0.00 45,000.00 45,000.00 0.00 25,260.00 25,260.00 0.00 7,500.00 7,500.00 0.00 7,500.00 7,500.00 0.00 29,500.00 29,500.00 0.00 10,000.00 10,000.00 0.00 10,000.00 10,000.00 0.00 10,780.00 10,780.00 0.00 12,740.00 12,740.00 0.00 4,000.00 4,000.00 0.00 2,500.00 1 A 2,500.00 0.00 209.731.00 209,731.00 0.00 i materials I'RbSENTlV STORED (NOT IN 0 OR tl 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL COMI’lETED and STORED TO DATE iDiF.in 4,000.00 31.576.00 9.375.00 45,000.00 25.260.00 7.500.00 7,500.00 29.500.00 10,000.00 10,000.00 10.780.00 12.740.00 4,000.00 2,500.00 % (G •!• C) bALANCe TO FINISH (C - O) RET aINAGF. (ir vaiiiable.i uvri.) 100 ICO 100 100 100 100 100 100 100 100 100 100 100 100 0.00 209,731.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 0.00 0.00 I’J.' J **•)*.' L<» 1 r mI #• INESOTA Department of Revenue WiffhholdiflTig Affidovifi ’ fee* €@ri)ftr6idi^irs . ’T^S^ This affidavit must be a^roved by the Minnesota Department of Revenue before the slate of > Minnwoto or ony of its suMivislons can make final payment to c jntractors. 1 t i ^Com^onf nom§ I Addrtfi i A/ ’ni.nci /^y |Ci»K Ztp Cod* Pireioel ntimbtr Protoet o«rn*f P/0|*cl locotion n ^ I yov w* ‘irk Old yov wodi on Hvt pro|ocff I ^f!l ^iaK.c ii,. ^ Doytim* ption* 1 OS'! Minnosoio fox lO nuinb*f i»6o3srr 1 Total conkocl onouM Monfh/yoor wort bogon 1 $ j?o-7, n 3/mn/ os 1 AmownI stiM d^* ; $ /o.^/'rL ..^ S Monfh/yoor work ondod /r>/c.rr ' C.ly Sioi« Zip cod* f -T ir m , who did ih« work? Ciwck rfi# box that doscribos your invotvonwnf tr) the pro/ect and fill in all informotion requested. rZkfoio contractor I I Suhcontfoctor_________________________________________________ I- .. .Mom* of conkoclof who hirod yoo Addr«s» □ Priflio contractor—If voo jobconirocicd out ony work on this project, oil of your subcontroctors most file their own ICI34 olhdovils ond hove them certified by the Deportment of Revenue before you con file your offidovit. For eoch sobcofttfoctof you hod. fi'l in the informot.on below ond oHoch o copy of eoch sobcontrcci ir's certified IC I34. If you need more spcce, ottoch c seporote sheet. Adty*fi__________ Owr.«r/Otfi<tBtntn*» nomt t dedoro ihoi ett mtofmohc ^ t ho^ tittod >n on thn form <s rru* ond cofopioto <o iht oou oi my Lno^hego ond holtd. I oitrcnzo •hg Ogc<ufninf oi PoYonug to d'lc/oi* pofttnom information rgloHng Hs *his proi§a, tndjdmg ionrung ccpiws oi Inn torm to tng pr.mg controitot u i cm o iubcorj.cc.\x. end to ony wbcontroaofs if I om a pnmg controiiti* nnd ro lontrocting oggnry -----------------------------------------------------------------------^ — ControclOf'l it^noiwt* I I.**-' • ' ' - p /t y ' . r"’ i <• *r> >C - ^ i.kiJj tv.t !vM-.fD#pi c! n«v«nue. Wiihholdmg Divisicn, f/ioil Sloiicr. 66i0. Ci fcul, MM !0 «o««d OP -ecr-rds c? ihe ••^innei*'- D«ir'*'^SP' o' f-r en.-e > -•»ri f' 'hci ihv c-J.vrc't.or wU Kci szr^-i iPn rwrivcn n?j fuliiiiid cH m* rrouiremenij ol minr^eiOic S'otults 2W.92 ord 29C97 corcefninp il-.* -i.hholdincj d .'A.nne.c o •nco^Ts from vooes ccid to •mplo'.'res '•istinc io cc>n'":tt ifvce! vith ih» sm s d pninnsto^o ond/cr it> 0gpor*f^9^ d itg*-§nuf opofO^\'X* - H* *■ m REQUEST FOR COUNCIL ACTION DATE: Novcmbcf 10,2005 ITEM NO: ^ COUNCIL MEETING NOV 142005 i. OTYOFORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description : Bridge, Pond, and Trail Maintenance Agreements with Mn/DOT As part of the Highway 12 Project, Mn/DOT is constructing bridges, ponds, and trails in Orono. These include the Willow Drive Bridge, the Old Crystal Bay Road Bridge, the Kenobi pond directly east of the Morrie's Body Works property. Spruce pond on the west side of Willow Drive just south of the new Highway 12 corridor, and a small portion of the trail that runs along the north side of the Highway 12 corridor from the Luce Line Trail to downtown Long Lake. (A smalt portion ol this trail is in Orono. due to the uni(]ue location of the Long Lake and Orono City boundary lines in that area. We will be working with Long Lake regarding an agreement through which they will be responsible for the maintenance of this portion of the trail) Mn/DOT retains responsibility for all major maintenance of the bridges. Orono is responsible for the routine, day-to-day-type maintenance activities, such as sealing of cracks on the driving surface, sweeping of the bridge surface and sidewalks, repair or replacement of light fixtures, snow and ice control, and maintenance of lane striping. In relation to the ponds, the City is responsible for inspection, cleaning, and repair ol drainage structures, maintenance of the vegetation around the pond, and pond sediment removal. The oediment removal is a potential significant cost over the long term, although many ponds do not need sediment removal for 15 -20 years or more. There arc two agreements. One covers The Willow and Old Crystal Bay Road bridges. Spruce Pond, and the trail. The other covers Kenobi Pond. The Kenobi Pond agreement is separate because, although the pond is located in Long Lake, all of the stormwater that Dows to the pond comes from Orono. Two resolutions related to the two maintenance agreements are attached for the Council’s consideration. COUNCIL ACTION REQUESTED Motion tj adopt the attached resolutions authorizing the City to enier into cooperative agreements with Mn/DO'f related to bridge, pond, and trail maintenance. 1 W9 F IK MiniMSoU Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville. MN 55113 September 28, 2005 Mr. Ronald Moorse City Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 i: ? 1 In reply refer to: Mn/DOT Agreement No. 85231 Dear Mr. Moorse: Enclosed are five copies of our proposed Agreement No. 85231, Exhibits A, B, C, D, and City of Orono Resolution certification covering future maintenance responsibilities for Bridge 27274, Bridge 27275, Spruce Pond, and Trail B from the west city limits to the intersection with the Luce Line Trail, being constructed under State Project 2713-75. Please obtain the necessary City of Orono Resolution and signatures for the City of Orono on all five copies of the Agreement and Resolution certification. The two people authorized on the Resolution certification to execute the Agreement must be the same ones who sign the Agreement on page 6. After you have obtained the required signatures, please return all five copies of the Agreement and Resolution certification to me for further processing. I will forward a fully executed copy to you upon our staff’s completion of processing the Agreement. If you have any questions, please do not hesitate to call me at 651-582-1584 or email me at gayle.gedstad@dot.state.mn.us. Sincerely, ' i Gayle GMstad Metro District Design Waters Edge Building 1500 West County Road B2 Roseville. MN 55113 -r; Enclosures; Five copies o,’ Mn/DOT Agreenient No 85231 and E/>htbits A, B, C. and D. Five copies of City of Orono Resolution Certification Chris Beckwitn - Metro Dislricl Maintenance >1 MINNESOTA DEPARTMENT OF TRANSPORTAtlON MAINTENANCE AGREEMENT PREPARED BY METRO DISTRICT MAINTENANCE OPERATIONS Mn/DOT AGREEMENT NO. 85231 AGREEMENT BETWEEN THE STATE OF MINNESOTA. DEPARTMENT OF TRANSPORTATION. AND THE CITY OF ORONO FOR Maintenance of certain new TrunK Highway 12 bridges, pond, and trail within and adjoining the corporate limits of the City of Orono upon the terms and conditions set forth in the Agreement. THIS AGREEMENT is made and entered into by artd between the State of Minnesota. Department of Transportation, hereinaftei referred to as the “State" and the City of Orono. Minnesota, acting by and through its City Council, hereinafter referred to as the “City". I* ir'"'aL».c ■ L'*' V.) \• • * ■ ■■.r-'ph'* ' r-m m A'.iwfirF W A Mn/DOT Agreement No. 85231 WHEREAS, State is about to perform construction of the new Trunk Highway 12 alignment within and adjoining the corporate City limits, in accordance with State prepared plans, specifications, and special provisions, for which the project has been designated State Project No. 2713-75; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; and WHEREAS, pursuant to Minnesota Statutes, Section161.38. the parties desire to enter into an agreement relating to the maintenance of certain Trunk .lighway 12 bridges, pond, and trail within and adjoining the corporate City limits upon the terms a: id conditions set forth in this Agree lent; and NOW, THEREFORE. THE PARTIES AGREE AS FOLLOWS I. PUT lES OF CITY A. Upon State's completion of the new Trunk Highway 12 alignment consL-uction to be performed under the construction contract, the City will provide for the maintenance as defined in Section I. Paragraph B without cost or expense to the State, on those bridges, pond, and trail located within and along Trunk Highway 12 right-of-way and alt facilities a part thereof as shown in Exhibits A though D. which are attached and incorporated into this agreement, particularly described as follows: 1. Bridge Number 27275 (Old Crystal Bay Road) as shown in Exhibit A; and 2. Bridge Number 27274 (Willow Drive) as shown in Exhibit B; and 3. Spruce Pond as shown in Exhibit C; and 4. Tran B from the west City limits to the intersection with the Luce Line Trail as shown in Exhibit D. B. The City wiH provide routine maintenance on the bridges and pond described in Section I, Paragraph A in accordance with the standards and guidelines the City uses to routinely maintain its bridges and ponds and will indude but is rot limited to the following; 1. Maintain the bridges to keep them in good repair and free from obstructions and impediments that may interfere with the passage of vehide, bicycle, and pedestrian traffic. Maintenance will include all necessary routine maintenance to preserve the bridges and their associated drainage stiuctures, ditches, sidewalks, and right-of-way in their present condition, induding the proper and timely cleaning and flushing of bridge deck drains, necessary deck spall patching with material approved by the Mn/DOT Metro Bridge Maintenance Office, minor bridge railing repair, proper and timely sealing of cracks in the bridge wearing surface, removal of graffiti if it is easily accessible from the top of the bridge without the use of specialized equipment and does not require any work or equipment on Trunk Highway 12, architectural treatment and appurtenance cleaning and repair, minor painting, proper and timely repair of the expansion joint glands, replacement of light fixtures, luminaries, and electrical wiring, minor slope paving maintenance, and proper and timely sweeping of the bridge surface and sidewalks; and 2 Use snow and ice control measures ** keep the bridges reasonably free and clear from snow and ice and undertake proper and timely c' aning when necessary. Bndge snow and ice removal will cover the entire bridge width without pushing snow or ice onto any roadway, railroad, trail, path, or walkway located below the bridge; and Maintain the bridges signing, traffic control devices, safety devees. and decorative enhancements suen as guardrai'. attenuators signals and lighting systems, pay an associaieo utility bills, and provide such bridge wearing surface and sidewalk markings and lane striping as may be necessary; and .‘‘hue. Mn/DOT Agreement No 85231 4. Maintain the pond and associated drainage structures to perpetuate their function as designed. Maintenance will include inspection, cleaning, and repair of drainage structures, maintenance of erosion control measures, maintenance of the turf around the pond, and pond sediment removal; and 5. Perform all necessary maintenance of vegetation and landscaping within the bridges’ right-of-way at the bridge approaches and within pond right-of-way. Including necessary and regular mowing, tree, shrub, and flower maintenance, noxious weed control, and litter or debris collection and disposal. C. The City will provide for all maintenance and reconstruction as needed on Trail B described in Section I, Paragraph A in accordance with the standards and guidelines the City uses to maintain and operate its trail systems and will Include but is not limited to the following: 1. Maintain the trail to keep ft In good repair and free from obstructions and imp^iments that may interfere with the passage of bicycle and pedestrian traffic. Maintenance will include all necessary maintenance to preserve the trail and its associated drainage structures, ditches, arid right-of-way in their present condition, including patching, overlay, or mill and overlay of the trail surface, Joint and crack sealing of the trail surface, aggregate shoulder repair, replenishment, and grading, slope repair, drainage structure cleaning and repair, graffiti removal, fence repair, ditch cleaning, sweeping, and litter and debris collection and disposal; and 2. Use snow and ice control measures to keep the trail reasonably free and dear from snow and ice and undertake proper and timely cleaning when necessary; and 3. Perform all necessary maintenance of vegetLiion arid landscaping within the trail right-of-way induding necessary and regular mowing, tree, shrub, and flower maintenance, noxious weed control, and litter or debris coHection and disposal: and 4. Reconstruction of the trail and assodated drainage structures if necessary. D. Administer, issue, regulate, and insped transportation permits, adopt-a-highway permits, and permits to maintain existing utilities on the bridges, pond, and trail described in SecUon I, Paragraph A; and E. The City will comply with all Railroad notification, access, and safety requirements before, during, and after any maintenance activity. F. The City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the maintenance activities provided by the City under this Agreement. G. The City will hold State harmless from any liability due to City's maintenance o*. or failure maintain as described in Section I. Paragraphs B and C, the bridges, pond, and trail described in Section I. Paragraph A. H II in the future any release of trunk highway right-of-way from State to City includes the oono oi nail covered under this Aoreemenl occurs, that enUty will no longer be covered under this Agr.-eme it any the City will have all rnamlenance responsibility for that entity at its sole cos' ano expens-j II. DUTIES OF STATE A State is responsible for any extraordinary maintenance, bettennents con^Tuciion or reconstruciion on trie bnoces and pond described m Section I. Paragrapn A if State desires ne C'ty lo periorrr any such worK. the parties must enter imo a separate agreement iherefore. Mn/DOT Agreement No. 85231 B. Extraordinary maintenance, betterments, construction, or reconstruction will include, but not be limHed to. oveday of bridge surface, milling and overlay bridge surface, replacement of bridge and pond drainage structures and culverts, major bridge structural repairs, and major bridge or pond washout repairs. C. State will retain its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, and permits to install new utilities on the bridges, pond, and trail, described in Section I, Paragraph A. III. CONSIDERATION City agrees to perform the duties herein in consideration of State's construction of the City's pond and trail, and bridges carrying City streets over and across the new Trunk Highway 12 alignment as descrS>ed in Section I, Paragraph A. IV. TERM OF AGREEMENT This Agreement will be In effect until superseded by another agreement between State and City. V. AUTHORIZED REPRESENTATIVE A. State's Authorized Representative for the purposes of the administration of this Agreement is Susan Mulvihill, Assistant District Engineer • Maintenance, Minnesota Department of Transportation Metro District, 1SOO West County Road B2, Roseville, Minnesota 55113, (651) 582-1643, or her successor. B. The City's Authorized Representative for the purposes of the administration of this Agreement is Gregory Gappa, Director of Public Services, City of Orono, 2730 Kelley Parkway, Orono, Minnesota 55356, (952) 249-4621, or his successor. C. State's Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. VI. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by any party with additional parties for the performance of any work to be done under this Agreement must be made in accordance with the terms of this Agreement and State of Minnesota law. C. This Agreement will not be construed as a relinquishment by Slate of any powers or control it may have over the trunk highway covered under this Agreement. VII MERGERS/AMENDMENTS This Agreement contai-s all negotiations and agreements between the State and City Mo other understanding regarding this agreement, whether written or oral, may be usee to bind eitner pany Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or iheir successors in office JM Mn/DOT Agreement No. 85231 VIII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authoraed by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and the liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. D. Etch party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. IX. WORKERS COMPENSATION Each party will be solely responsible for its own employees for any workers compensation iJaims X. CIVIL RIGHTS The City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. XL STATE AUDITS The books, records, documents, and accounting procedures and oracticcs of the City, relevant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the Legislative Auditoi, or the State Auditor, as appropriate, for no less than six years following the expiration of this Agn emenl. XII DATA PRACTiCES The State and the City must comply with the Minnesota Government Data Practices Ac:. Minnesota Statutes Chapter 13. as it applies to any information provided to or by a party to this agreement. XIII AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be approvt*: by a City Tou-k i resokilion. and must be executed by State and City officers as provided by lav [the remainder of this page has been iriier.tionall/ left ble.'it ) I AUihifI -tiVWJBrt J Mn/OOT Agreement No. 85231 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officials: pgPAimyiEliT OF TRANSPORTATION Recommended for approval: CITY OF ORONO Metro District Assistant District Engineer - Maintenance Approved COMMISSIONER OF TRANSPORTATION Metro District Authorized Signature Date. Title Mayor Date Bv Title ; Date 1 ■■ mX. •‘•’7 Wm V. •...:•=•• .'••.V.i'., ',, ... , ->••■ ■■ ■:.; ;vi'V,: ■ ■! ■ • "■• •■■ ■••• U- ^■JR?-#.. : A.?•<•'* >ii Ki.' .-JM A RESOLUTION AUTHORIZING THE CITY OF ORONO TO ENTER INTO A COOPERATIVE AGREEMENT WITH MN/DOT RELATED TO BRIDGE, POND AND TRAIL MAINTENANCE BE IT RESOLVED that the City of Orono enter into Mn/DOT Agreement No. 85231 with the State of Minnesota, Department of Transportation for the following purposes: To provide for bridge, pond and trail maintenance by the City, as defined in said Agreement. BE IT FURTHER RESOLVED that the Mayor and me City Administrator are authorized to execute the Agreement Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of November, 2005. ATTEST: Ronald J. Moorse, City Administrator Barbara A. Peterson, Mayor CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN I certify that the above Resolution is an accurate copy ol the Resolution adopted by the City Council of the City of Orono at an authorized meeting held on the 1 d ** day of November. 2005. as shown by the minutes of the meeting in my posse.ssion; Subsetibeil and sworn u> before me this day ol ___ ___. 2005 Notan Public________ Mv Commission Expires iNviarv Uym I Linda S. Vee. City Clerk m. Vv' :V. 5 iMlh. ! >■ 4 i »> j i.. Dri<J-ie covered Under This Agreement p i (A .V j Ol. VM iMUlilO Ur. ftSnrr, :r* 'i»'«tro9 ...UC.MO.OAtr TKDA JU»iihU n«»4ai coNStRucTiou Plans t.M 12 STa. 3l4*SO 10 SIA. 321-M AII > cl|j ici Sneet mo. 2AI of I0?S Sheets Hill I cruiii V \ \ /£MVlAOMU(Mt«UV am.* V* \ C'i —n ------r-v c;^ t r-4ALi. 9A T! <*4f^ U)^ IB-'* "S&'IIIM t?uSt L..4WM S^MWI* tlMCI nm t*€C<leoiMN k «4)*WI ttft MN • »»c«ro Ni> wi»cuiTirico ai AlC. NO.TKDA ■tfaftjntiMa CONSTRUCTION Plans T.M. 12 STA, 329*00 to STa. 3-4-00 state fOOJ. »40. 2TI3-7S «T.m. |2I ShB#t f4o. 242 of I02S Sheets ■X. - ji'-. '1 ■ '^h •■,♦ m?AiLav&I- i'.: .‘V li- Minn«60la Dtpartmmt of Traiiiiiortation m Mftropolitan Division Waters Edge 1500 West County Road B2 Roseville. MN 55113 September 28.2005 Mr. Ronald Moorse City Admiriistrator City ofOrono Post Office Box 66 Crystal Bay, MN 55323 ^ * > . In reply refer to: Mn/DOT Agreement No. 85230 % , 0 • ' • if If}-. f , Dear ^A’. Moorse: Enclosed are five copies of our proposed Agreement No. 85230. Exhibit A, and City of Orono Resolution certification covering future maintenance responsibilities for Kenobi Pond, being constructed under State Project 2713-75. Please obtain the necessary City of Orono Resolution arxJ signatures for the City of Orono on all five copies of the Agreement and Resolution certification. The two people authorized on the Resolution certification to execute the Agreement must be the same ones who sign the Agreement on page 5. After you have obtained the required signatures, please return all five copies of the Agreement and Resolution certification to me for further processing. I will fonward a fully executed copy to you upon our staffs completion of processing the Agreement. If you have any questions, please do not hesitate to call me at 651-582-1584 or email me at gayle.gedstad@dot.state.mn.us . Sincerely,a / •' y i'c Gayle Gedstad Metro District Design Waters Edge Building 1500 West County Road B2 Roseville. MN 55113 r f IF Enclosures: Five copies of Mn/DOT Agreement No. 85230 and Exhibit A Five copies of City of Orono Resolution Cenifica»ion cc: Chns Beckwith - Metro District Maintenance . '/■* .> ■ h I' . ‘ MINNESOTA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT PREPARED BY METRO DISTRICT MAINTENANCE OPERATIONS Mn/DOT AGREEMENT NO. 85230 ■ r* AGREEMENT BETWEEN THE STATE OF MINNESOTA. DEPARTMENT OF TRANSPORTATION. AND THE CITY OF ORONO FOR Maintenance and operation of Keoobi Pond located along the north side of the new Trunk Highway 12 alignment within and adioining the corporate limits of the City of Orono upon the terms and cundiiionb set forth in the Agreement. THIS AGREEMENT is made and entered Into by and between the Slate of Minnesota. Depurlmoft of Transportation, hereinafler referred to as the ‘State* and the City of Orono. Minnesota, acting by and through its City Council, hereinafter referred to as the “City*. Mn/DOT Agreement No. 85230 ' WHEREAS, State is about to perform construction of Kenobi Pond as part of the new Trunk Highway 12 Wlfft alignment construction within and acQoining the corporate City limits, in accordance with State prepared ' plans, specifications, and special provisions, for which the project has been designated State Project No. 2713-75; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.59; arKl WHEREAS, puisuant to Minnesota Statutes, Section161.38, the parties desire to enter into an agreement relating to the maintenance of Kenobi Pond within and adjoining the corporate City limits upon the terms and conditions set forth in this Agreement; and NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS I. DUTIES OF CITY A. Upon State's completion of the new Trunk Highway 12 alignment construction to be performed under the construction contract, the City wilt provide for all maintenance and proper operation of Kenobi Pond, that is bordered on its south side by the trunk highway right-of-way line, as shown in Exhibit A, which is attached and irKorporated into this agreement at no cost or expense to the State. B. Maintain and operate pond and associated drainage structures to perpetuate function as designed. Maintenance wil include but is not limited to inspection, cleaning, repair, and replacement of drainage structures, mainlenance of erosion control measures, and pond sediment removal. C. Perform all necessary maintenance of vegetation and larKlscaping within State's permanent drainage ea jement (P.D.E.) area around Kenobi Pond. Maintenance will include but is not limited to necessary and regular mowing, tree, shrub, and flower maintenance, noxious weed control, and litter or debris collection and disposal. O. Ad.minister, issue, regulate, and inspect permits to maintain existing utilities located within the P D.E. area. E. The City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the maintenance activities provided by the City under this Agreement. F. The City will hold State harmless from any liability claims due to City's maintenance, or failure to maintain Kenobi pond and the area around the pond described in Section I, Paragraph A. II. DUTIES OF STATE State will retain its authority to administer, issue, and regulate access permits, sign advertising permits drainage permits, and permits to install new utilities within the P.D.E area. III. CONSIDERATION City agrees to perform the duties herein in consideration of State's construction of Kenobi Pond for city drainage system use. IV TERM OF AGREEMENT This Agreement will be in effect until suoefseded oy another agreement between State anc Ct;y am b; % Mn/OOT Agreement No. 85230 V. AUTHORIZED REPRESENTATIVE A. Stale's Authorized Representative for the purposes of the administration of this Agreemoiit is Susan Mulvihill, Assistant District Engineer - Maintenance, Minnesota Department of Transportation Metro District, 1500 West County Road B2, Roseviile, Minnesota 55113, (651) 582-1643, or her successor. B. The City ’s Authorized Representative for the purposes of the administration of this Agreement is Gregory Gappa, Director of Public Services, City of Orono, 2750 Kelley Parkway, Orono, MN 55356, (952) 249-4621. or his successor. C. Slate's Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. Vi. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by any party with additional parties for the perfoimanci: of any woik to be done under this Agreement must be made in accordance with the terms of tliis Aorccmenl and State of Minnesota law. C. This Agreement will not be construed as a relinquishment by Stale of any powers or control it may have over the trunk highway covered under this Agreement. Vil MERGERS/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind eithci party. Any amendments to this Agreement must be in writing, and must be executed by the same panie^ who executed the original Agreement, or their successors in office. VIII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3 /36 and the liability of City will be governed by Minnesota Statutes Chapter 466 This clause will no* be conaio'ed to bar any legal remedies each party may have for the other party's failure to fulfill its oblications pursuant to this Agreement. D. Each party to tivs Ayieemfent will defend al its soie cost and e.<pef!sc any action o' o.^oceeding commenced for the puioose of asserting ary cla*m of whatsoever character arising in connection with or by vriue of performance of its own won* as provided herein IX. WORKERS COfvIPENSATION i i k Mn/OOT Agreement No. 85230 Each party will be solely responsible for Its own employees for any workers compensation claims. I X. CIVIL RIGHTS The City most comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. XI. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Agreement, will be subject to examination by the Mn/DOT Auditor, the Legislative Auditor, or the State Auditor, as appropriate, for no less than six years following the expiration of this Agreement. XII. DATA PRACTICES The Slate and the City must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as It applies to any Information provided to or by a party to this agreement. XIII. AGREEMENT APPROVAL Before this Agreement will become binding and effective, it must be approved by a City Council resolution, and must be executed by State and City officers as provided by law. (the remainder of this page has been intentionally left blank] rr 'Site’ A k -:r ■ it> .5' Ja • Mn/OOT Agreement No. 85230 IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized officMs: PEPAHTMEMT OF TRANSPORTATIOW Recommended for approval: CITY OF ORONO Mayor Metro District Assistant District Engineer - Maintenance Date Approvedeomiis»KiNER or timii«portatiow T{«e # Metro District Authorized Signature Date Date caiWIMIOMtR or ACWWIOTRATIQM Authorized Signature r. Dale 'V in I -i ■ ,i h GITYoT ORONO Si RESOLUTION OF THE CITY COUNCIL NO. _______________ A RESOLUTION AUTHORIZING THE CITY OF ORONO TO ENTER INTO A COOPERATIVE AGREEMENT WITH MN/DOT RELATED TO KENOBI POND MAINTENANCE AND OPERATION BE IT RESOLVED that the City of Orono enter into Mn/DOT Agreement No. 85230 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and operation by the City of Kenobi Pond as defined in said Agreement. BE IT FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this I4th day of November. 2005. ATTEST: Ronald J. Moorsc, City Administrator Barbara A. Peterson, Mayor CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Orono at an authorized meeting held on the Id'" day of No\ember. 2005. as shown by the minutes of the meeting in my possession; Subscribed and sworn lo before me this dnv of , 2005. Noiar\ Public Ms Commisfion Lxpiics |N««^ Linda S. Vee. Cilv CIcik • .vir A V • ' ‘ fA’ A\'- '• "■' •' ■■■'i 't Y—Pond Covered Under This Agreement Mn/DOT Agreement No. 85230 Exhibit A <50utt) Hnii I Trunk HIghwoy Right-of-Woy Une -i of oreo covere»'ccJ unoer this Agresftisnti F .TTTk .r REQUEST FOR COUNCIL ACTION DATE: November 10,2005 ITEM NO: y ^ COUNCIL MEETING N0V14?006 CITYOFOnONO Department Approval: Name Ronald J. Moone Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description : Purchase of the Property at 1180 Lyman Avenue from Mn/DOT The property at 1180 Lyman Avenue was purchased by Mn/DOT as right-of-way for the Highway 12 Project. A significant portion of the property, including septic sites, was used as right-of-way for the Highway 12 Project. The remainder is now e.\cess right-of-way that Mn/DOT has made available for purchase by the City at a cost of $10,000. Attached is a map showing the property at 1180 Lyman Avenue, and its relationship to adjacent properties and the private roadway serving those properties. The City was initially interested in the property as a way to assist the residents at 1190 Lyman in addressing a septic site issue. Although a portion of this property may be a part of an ultimate septic solution for 1190 Lyman, the 1180 Lyman property is not suitable for a mound septic site. However, the property is of significant value to the City in two other ways. The property would provide the City with the necessary land to construct a cul de sac for the existing private road that serves seven homes on Lyman Avenue. There is currently no way to turn around on Lyman Avenue without using a private driveway. Also, it would be very difficult for emergency vehicles, particularly fire vehicles, to maneuver on the existing private road. Assuming the use of a portion of the property for a cul de sac. there would be approximately two-thirds of an acre remaining. If this portion of the property is not used as a septic solution for 1190 Lyman, it would be of value to an adjacent property as an expansion of their existing lot. COUNCIL ACTION REQUESTED Motion to authorize the acquisition of the property at 1180 Lyman Avenue from Ma'DOT at a cost of $10,000, and to approve a budget adjustment in the General Fund to reflect the expenditure. ■K .» V ■■:->■ ■ v:./:\-'-::;-:;v:-'V,^ ••f mmii: ;S*g^«;Pi I'- ^ ^■1.nmm'i'mm: > \ ^*i' ^ . sA«i ■' ■; k^\ Ki, I r-.. REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV 1 42005 DATE: ll-l4aBOFORONO ITEM NO: J j Dcpartmcit Approval:Administrator Reviewed:Agenda Section: Name: Stephaay Good_y^ Title: Chief of PoUce ^ Item Description: Accept Resignation of Christopher Pharo DISCUSSION: Christopher Michael Pharo has resigned from his position as part time police office effective November 14,2005. The Council is requested to approve the resignation. COUNCIL ACTION REQUESTED: Motion to q^nove the resignation of part time Police Officer Christopher Pharo, effective 11/14/05. Ji ■ V? V • ■ a’V-i- . r"- ■ = • -.V ■. ^ ^ . • • • V -.,• .’ v** • i' ^ "'v', ‘ •■•KVv .! . .................■. • ,■•• f i ■’'■• ■' ORONO POLICE DEPARTMENT COUNCIL MEETING REQUEST FOR COUNCIL ACTION NOV 1 42005 CITY OF ORONO Date: 11/14/05 Item No:IX Department Approval: Administrator Reviewed: Agenda Section: Name: Title: Kurt Erickson Sergeant Item Description: Authorization to Sell Forfeited Vehicle Exhibits: DISCUSSION; The police department came into possession of a 1992 Chrysler van (vin 1 C4GK54R7NX232 172) by means of the DWl forfeiture provisions under Minnesota State Statute. The court process involving this vehicle has been completed. The State of Minnesota has issued a new title for this vehicle in the City of Orono name. In that the police department has no use for this vehicle we would like to liquidate the asset through Minneapolis Auto Auction (MAA). MAA will run the vehicle through the auction they conduct. They will keep $135 for the auction cost and $35 for sending a runner to pick up the car. If at the time of sale we elect to detail the vehicle, MAA will charge $100 for that service. The total cost to sell the vehicle through the MAA is either $170 or $270. We have sold one other vehicle with MAA and were very pleased with the return on that sale. It was substantial more than we would have expected on an in house bid process and more than off set the cost charged by MAA. COUNCIL ACTION REQUESTED: A motion to apfvove the liquidation of a surplus 1992 Chr> sler van with the vin number of 1C4GK54R7NX232172 through Minneapolis Auto Auction. Iiwft tfitl r STATE OF MINNESOTA Certificate of Title for a Motor Vehicle VCMCte (OfMDnCArXWMLMKtt lCUCIgS»4R?NX33317g VEAA 13 UAKC CHRY uooeiMoy SV TUC DATemsueo 10/05/JI5 ocouertH N/REdD TAXBASe Q370Si> cooe 01 PLATEMAmeK 0KE003 mewueep f ' f 1 ■ Y57fl0TQ]i3 ' ■ -\lJB EXP 06 NO SECURITY INTERESTS OOB * V ^ P'Y V O I U < ^iD COPY VOID CO D COPY v; OUNER CITY OF ORONO ■illlHIIIII O i u c t "Y VO 11 ORONO flN W3Sb-1367 ( 0 CO D 3730 KELLEY PKUY ailHIMIHIilBIlill IKS •/‘ O W N » S H M I ! T I ' %'’ 1 t H I Ai l OOOME7£H OlSCLOSUflE 8TATCMEMT. I (WE) CEf^IfY THAT THE ODOMETER NOW READS (NO TENTHS) MILES AND TO THE REST OF MV KNOWLlOQe THE ODOMETER MHJAOE iS ' □ 4cru>u. MILEAGE □ EXCEEDS MECMNICAlUMrrS Of ODOMETER □ NOT ACTUAL mJEAOE-^mnmioooomrwMcnnHCY DAMAGE OISaOSURE STATEMENT TO THE BEST Of MY KNOWLEDGE THIS VEHICLE C HAS □ HAS NOT (CHECK ONE) SU8TAINEO DAMAGE IN EXCESS Of 70% ACTUAL CASH value . POUUnON SYSTEM DISCLOSURE STATEMENT. TO THE BEST Of MY KNOWLEDGE THE POUUTION CONTROL SYSTEM ON THIS VEHICLE INCLUOINO THE RESTRICTEO OASC JNE PIPE □ has □ HAS NOT (CHECK ONE) BEEN REMOVED. ALTERS) OR RENOE/\EO INOPERATIVE As9ign/mttt(w§)C9ft0^th§tffitM¥§hicN^fi9€^9M9$ajrtfyini9f9m.mmmitUh,an(/s§Ngnltm ». f , - \ f ■ -n i' ./ / . J ‘ * • 1 (t V StLLfPTSPRINTttNAMKS) -DATE Of SALE ' . BUYER SPRWTEONAMEiS) V / ; SELLERS ADDRESS DEALER LICENSE a X BUYERS MXmESS SELLERS SIONATURKS)BUYERS 84GNATURE(8) MPORTANT - PLEABE RMX Al yoir molBr vMMli f >oowwntVtMWy ■iillipni on a fnoior ««hidi ippicMon ii rtqiM by iwr »i0 • uMd to idtnMif ft SMI M tia ftqbaaM aeaon EivaM Nr oartsn uMt ti your aaiilralnn may nat ba dNdoaad to anyona aShout to t* Mooifft of your •Sormalon by Mng to tw iBlonino asarm MINNESOTA DEmumHENT Of PUBLIC SAf ETY DRIVER AND VEHICLE SERVICES DIVISION 445 MINNESOTA STREET. ST PAUL. MINNESOTA 55101 Phone eSI-297-2126 tty 651-262-6555 mndrtvirvte onj 7' fk h h f 1:1^;: fl: yJV^'r ^'r ‘ Jr VH KFtP IN A SAFF PLACF ANY ALTERATION.OR ERASURE VOIDS THIS TITLE V , * -r if • SELLER’S NOTICE OF SALE When you sell this vehicle, you are responsible to file the information below with t.he Department of Public Safety within 10 davs . Please file this information over the Internet at mndrivlnfo.oro or complete all Information on this post card and submit by mail. This notice is not required If sold to a lieensad dealer. Minnesota Statute 168A.10 Yg76aTD13 lCUCKS4R7WXg331?3_______________ Tids Numbsf VtNcto Idtnbfication Numbsr MINNESOTA MOTOR VEHICLE REGISTRATION CARD MK CHRY UDL rye VIN 1CM6K54R7NX33317S GROSS VEHICLE WElCHT.BASe value Q370SL Bi PLATEu Date of Sole DKE003 sno<£Ri» EXP 06/31/DS f\irdiascr Stiver U ceo *< Number 405203 3S.D0 furthoser Tpull Name Purvhaser * D.»:r orB.nh RECORDED CITY OF ORONO Street AJtlrtMi C»i;duuni/lip CoVii 3730 KELLEY PKUY ORONO flN 3S3Sb-1367 1- REQUEST FOR COUNCIL ACTION DATE: November 10,2005 ITEM NO: | COUNCIL MEETING NOV14Z005 CITVOFORONO Departmeat Approval: N obm R omM J. Moonc Titk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item DeMription: Three Rivers Park Dtotritft Request for Limited Firearms Use Permit for Managed Deer Hunt in Baker Park_________ Three Rivers Park District has applied for a limited firearms use permit to enable a managed, two-day, shotgun deer hunt in Baker Park on November 26 and 27. The City approved a similar permit and deer hunt in 1997. It is recommended the permit be approved with the following conditions: • Short range firearms only (shotguns, muzzle-loaders, legal handguns) • Notification of abutting property owners by letter 7-10 days in advance of the proposed hunt • Posting of appropriate signage around the Park boundaries to prevent unauthorized access during the hunt COUNCIL ACTION REQUESTED Motion to approve the Three Rivers Park District request for a limited firearms use permit to enable a managed, two-day, shotgun deer hunt in Baker Park on November 26 and 27, with the following conditions: • Use of short-range firearms only (shotguns, muzzle-loaders, legal handguns) • Notification of abutting property owners by le .ier 7-10 days in advance of the proposed hunt • Posting of appropriate signage around the Park boundaries to prevent unauthorized access during the hunt h APPLICATION FOR FIREARM USE PERMIT CITE OF ORONO 4886.1(34)1 DATE: . 7, S_ APPLICANT’S NAME: APPLICANT'S ADDRESS: _ _5 N _ _ _ _ _ _ _ _ _(diy^ /(fA^ SS street ' city zip-i- PROPERTY OWNER'S NAME: PROPERTY OWNER'S ADDRESS: Cty /2^ ^ DESCRIPTION OF PROPERTY: A cl A a ^ TYPE OP PERMIT: $25.00 ANNOAL $10.00 OCCASIONAL (Club Only) (15 to 120 Days) $25.00 GAME ANIMALS ^ (Limited Use) DATE STARTING: DATE ENDING: X?. 7 PC'S. PURPOSE: _ _ _^ AwLJ-/7 A y jLru^ ^ J! ^ a / /T /J ACyCnjLt^tJ RESTRICTIONS: _ 7^ ^7^/uc I agree that this permit doesn't allow the hunting of game birds or game animals in the City of Orono unless specifically stated in this permit and agree to abide by all applicable federal, state and local laws. Fee Paid: i Date: -VVf Signature of applicant RECOMMENDED: ‘"'^^YES NO Check: Public Siife^>yM)Trector APPROVED:YES NO /REHARrs . ,.JMA ----^ '• ■ REQUEST FOR COUNCIL ACTION DATE: November 10,2005 OOUNCIL MEETING N0V 14200S ITEM NO:enVOFOROHO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed: ✓ Agenda Section: City Administrator's Report Item Description : Letter of Recognition td^Wayzata Marine The Minnehaha Creek Watershed District has placed a set of water circulating pumps in Stubbs Bay to improve the water quality. These pumps cannot remain in the Bay over the winter. They would need to be taken out of the water and stored for the winter. Wayzata Marine has volunteered to store the pumps and accessories in the water in its dock area for the winter at no cost. This is not only a dollar savings, but also a substantial savings of time and effort related to taking the equipment out of the water and transporting it to a storage location. It is recommended that the City send a letter to Wayzata Marine expressing the City’s appreciation for the generosity and cooperative spirit of Wayzata Marine. COUNCIL ACTION REQUESTED Motion to authorize a letter to be sent to Wayzata Marine in recognition of its generosity and spirit of cooperation in volunteering to store the Stubbs Bay water quality equipment over the winter. n -J ORONO POLICE DEPARTMENT COUNCIL MEETING NOV 142005 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date; 11/14/05 Item No; Department Approval; {\t: Administrator Reviewed; Agenda Section; Name; Tide; Kurt Erickson Sergeant Item Description: Letter of Intent to Purchase replacement squad cars Exhibits; DISCUSSION! The Orono Police Department wishes to purchase three replacement squad cars on the State of Minnesota bid. In order to purchase cars for 2006 at the 2005 bid price the order needs to be placed in 2005. The vendor. Elk River Ford, requires that a Letter of Intent to Purchase be given to them. Elk River Ford is offering new Ford Crown Victoria Police cars for the price of approximately $23,600 per car. This includes an extended powertrain warranty. Tax, registration, incidental and set up fees are not included in this figure. COUNCIL A(REOUESTEDt A motion to send a letter of intent to purchase 3 new Ford Crown Victoria Police cars based on the state bid to Elk River Ford. . la^ 11 ■ lai dWR L... COUNCIL MEETING NOV 1 42005 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: November 1,2005 ITEM NO: Dcpartneflt Approval: Num LinVee Admiatetrator Reviewed:Agenda Section: Licenses Tide City Cleric Item Deicription: List of Licenses for Council Approval RESIDENTIAL KENNEL LICENSE 1. Patty Morris 2697 Kelley Avenue COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed license. 7. • ••• . V • •• . r 1 Owner:GdOLl KENNEL LICENSE APPLICATION Effective Janua^ 1, 200_ to December 31,200. rri '5 Prnn.m,AddrcJgy<^<?-7 ) I U /9 /<??/ (include city and zip) Mailing Address (if different); Phone: (home)___________(work) RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 months of age) Principal Breed: )n XyO JA~Z^yl 3 Purpose for more than 2 dogs: Dogs normally kept: V inside ____^kennel structure CO^DIERCIAL Kennel License Fee; $150.00 (payment must accompany application) Name of Business: Business Activities:______________________________________ (example: boarding, breeding, veterinary care, retail, etc.) Normal 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 license is permissive only and docs 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 to license approval and at any other reasonable time during the license duration; and the undersigned 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. Applicant Date For Cirv Use Ontv Kennel inspected by __ Recommends: Approval Y Denial CITY OF ORONO *Check Detail Register® 11/1«05 2 58PM Page l NOVEMBCR 2009 CtMekAmt Invotee Comment COUNCIL MEETING NOV 14 CITY '4l 1/ 10100 Prim^Caeh Paid Chk* O^ir 11/14/2009 ACCLAIM BENEFITS E 101-41000-489 Otiitr Mitceltaneoue Chargee E 101-41900480 Other MitceNaneoua Chargee T om acclaim benefits S78 98 354068 S102 69 354068 8181.67 COBRA Adm -10/2005 FSAAdm-10/2005 Paid Chief 6^18" 11/14/2009 ACCUfUNT E 10142110-311 Data Proceeaing Commuracalion ToM ACCURINT $30 00 1297291-2005 DataBase Accese 10/2005 $30 00 Paid Chki 082019 11/14/2009 ACE HARDWARE E 10143000415 Other Equipment RetHale ToM ACE HARDWARE $319 50 569611 $31950 Equipment Rental Paid Chkf 082020 11/14/2005 ADT SECURITY SYSTEMS E 10142110404 Rapalre/Mamt-Bldge/Grounde Total ADT SECURITY SYSTEMS $488 25 339923 $48825 Door Panels Paid Chkf 082021 11/14/2005 ADVANCED MUGINO SOLUTIONS E 10141900413 Office Equipment Rental ToM ADVANCED IMAOINO SOLUTIONS $1.013 37 $1.01337 45690690 Copier Lease 10/15/05-11/15/05 Paid Chkf 082d» 11/14/2005 ALL TECH E 10142260489 Other MieceRaneoue Chargee ToM ALL TECH $288 00 3224 $288 00 Alarm Monitonng-8/1/05-06 Paid Chkf 062023 11/14/2005 ANCHOR PAPER E10141900-201 Office euppliea ToM ANCHOR PAPER $655 83 10027178-00 Copy Paper $655 83 Paid Chkf 082024 11/14/2009 ANDERSON, KRISTI E 10145200-319 Other ProNeeionel Servicee E 10141300-319 Other Profeeeional Sarvicee Tout ANDERSON, KRISTI $170 00 11/7/05 $17000 11/7/05 $340 00 Park Minutes -11/7/05 CC Minutes - 10/24A» Paid Chkf 082025 11/14/2009 APACHE GROUP E 10141900-404 Repairs/Maint-Bldge/Grounde ToM APACHE GROUP $551 78 98225 $551 76 C-Fold Towels Paid Chkf 082026 11/14/2009 ASSURANT EMPLOYEE BENEFITS G 101-21713 LTD Insurance $858 45 4019825-1 ToM ASSURANT EMPLOYEE BENEFITS $858 45 Paid Chki 082027 11/14/2005 BCA - FORENSIC SCIENCE LAB ltd -11/2005 E 10142110-437 Training S Development ToM BCA • FORENSIC SCIENCE LAB $45 00 10054019 $4500 Intomliyzer - SchoenhofI Paid Chkf 082028 11/14/2005 BEST S FLANAGAN UP E 10143290-800 Special Projects. ContmgerKy ToM BEST S FLANAGAN LLP $1930 00 368817 $1.930 00 CartsoruMNDol Mailer Paid Chki 082029 11/14/2005 BIFFS INC. E 10149200419 Other Equipmem Rentals E 10145200415 Other Equipment Rentals E 01349830415 Other Equipment Rentals E 10145200419 Other Equipment Rentals E 10145200415 Other EqiMpment Rentals $6641 W274177 $94 88 W274178 $64 04 W274179 $47 43 W274180 $147 80 W274181 PortaPle Ponabie Portable Portable Portable CITY OF ORONO 11/14/05 2 58 PM Page 2 Check Detail Register® NOVEMBER 200S _______Ctwcfc Amt lfwolct_Coj!i»!jg!jL__^^^ Total BIFFS INC. S420 56 Paid Chkf 062030 11/14/2005 BUDGET PRINTINO E 101-42110-201 Offlcaauppliat S62.27 6495 Envalopat Total BUDGET PRINTINO $82 27 Paid CMii 062031 11/14A2005 BUFFALO BITUMINOUS INC. E 651-49910-227 UtiMy Syattm Maint. Supplio* $824 85 3693 WearCoursa E 651-49910-227 UliHty Sytlam Maint. Supplios $571.65 3894 Waar Course Total BUFFALO BITUMINOUS INC. $1.396 50 Paid Cliki 082032 11/14/2005 CARGILL SALT E 601-49400-216 Chemicals and CItam Products $2,676.22 1444690 SonenarSail Total CARGILL SALT $2,676 22 Paid Chk9 082033 11/14/2005 CARLSON TRACTOR A EQUIP CO. E 101-43000-221 Eqwpmani Parts 8 Accassonas $8 07 C07478 Gasket Total CARLSON TRACTORS EQUIP CO. $8 07 Paid Chkf 062034 11/14^005 CATCO PARTS S SERVICE E 101-43000-222 Vehicle Equipment S Parts $326 94 1-70537 Parts for 426 Total CATCO PARTS S SERVICE $326 94 Paid Chkf 08203S 11/14/2005 CENTERPOINT ENERGY E 101-42260-381 Gas S Elactric $40 80 060006750600 Gas Sarvica E 101-42110-381 GasSEIoctrie $92.43 060006750600 Gas Sarvica E 101-41900-381 Gas S Electric $5917 060006750600 Gas Sarvica E 601-49400-381 Gas S Elactric 81.007 81 060006750600 Gas Sarvica E602-49450-381 GasSEIacIrle 83 54 060006750600 Gas Sarvica E 101-42110-381 Gas S Electric (847 57) 060006750600 Gas Service E 602-49450-381 GasSEIactric 81350 080006750600 Gas Sarvica E 602-49450-381 GaaSElactnc 81414 060006750600 Gas Sarvica E 602-49450-381 Gas S Elactric 829 61 060006750600 Gas Sarvica E 602-49450-381 Gas S Elactric <892 13) 060006750600 Gas Sarvica E 601-49400-381 Gas S Eleciric 8345 39 060006750600 Gas Sarvica E801-49400-381 GasSEIactric 819 50 060006750600 Gas Sarvica E 101-42260-381 Gas S Elactric 860 83 060006750600 Gas Sarvica E 601-49400-381 Gas S Elactnc ($30.71) 080006750600 Gas Sarvica E 101-41900-361 Gas S Elactnc (858.15) 060006750600 Gas Sarvica E 101-42260-381 Gas S Elactric (876.78) 060006750600 Gas Sarvica E 602-49450-381 Gas S Elactric 858.50 060006750600 Gas Sarvica E 101-41900-381 Gas S Electric (8184.47) 060006750600 Gas Service E 101-42110-381 Gas S Elactric 856 75 0600067*0600 Gas Service E 101-41900-381 Gas A Elactnc 8116 71 060006750600 Gas Service E 101-41900-381 Gas A Elactnc $69 36 060006750600 Gas Service E 601-49400-381 Gas A Elactnc (8227 50) 060006750600 Gas Sarvica E 601-49400-381 Gas A Elactnc 89 87 060006750600 Gas Service E 101-41900-381 Gas A Elactnc 811296 060006750600 Gas Sarvica E 613-49630-381 Gas A Elactric ($35 28) 060006750600 Gas Sarvica E 613-49630-361 Gat A Elactnc $15 98 060006750600 Gat Service E 613-49830-381 Gas A Elactnc $53 52 060006750600 Gat Sarvica Tout CENTERPOINT ENERGY $1417 78 Paid Chkf 082036 11/14/2005 CHUNKS LAKESHORE AUTO E101-42110-402 Rapairt/Maml-Aulo Equip $22 98 27547 Rapiaca Handia f200 E 101-42110-402 Repairt/Maint-Auto Equip $24103 27559 Coilf197 CITY OF ORONO Li 1 'V 11/14A)5 2:58 PM Page 3 *Check Detail Registei® NOVEMBER 2005 n . '* •Clieck Amt Invoice Comment E 101-42110402 RepainA^eint-Aulo Equip E 10142110402 Repeirt/Meinl-Auto Equip E 10142110402 RepairtA^aim-Auto Equip E 10142110402 Repairt/Meint-Aulo Equip E 10142110402 Repeira/Meiet-Auto Equip E 10142110402 RepairtA^elnl-Auto Equip E 10142110402 Repairs/Maint-Auto Equip E 10142110402 Repairs/Maint-Auto Equip E 10142110402 RepainA^ainl-Auto Equip E 10142110402 Repaira/Maint-Auto Equip E 10142110402 RepalraAAaim Auto Equip Total CHUNKS LAKE8HORE AUTO $6825 $8018 $142 56 $39 04 $66 09 $7141 $395 63 $3830 $29 70 $343 42 $192 13 $1 732 72 27571 27573 27574 27581 27599 27603 27604 27619 27623 27624 27634 Paid Chki 062037 11/14/2005 CU88IC PROTECTIVE COATINGS 0601-20600 Contracta Payable $10 486 55 RFP#3F Total CLASSIC PROTECTIVE COATINGS $10 486 55 11/14/2005 CLASSIFIEDSPaid Chki 062038 E 10142110-340 General Adveftiaing Total CLASSICS $8120 49938 $81 20 Paid Chki 062039 11/14/2005 CONNELLY INDUSTRIAL ELEC. E 60240450406 Repaira/MakH-Swr Unea/lifla $325 55 8436 Total CONNELLY INDUSTRIAL ELEC. $325 55 Paid Chki 062040 11/14/2005 CONSTRUCTION BULLETIN G65M6500 Flied Aaael-Conatm progreaa $149 48 3046089 G 651-16900 Fixed Aaael-Conat. mpcogreaa $149 48 3051653 Total CONSTRUCnONBULLETIN $298 96 Paid Chki 082041 11/14/2005 COVERALL OF THE TWIN CITIES E 10141900-404 Repalra/Maint-Bldga/Grounda E 10142110-404 Repaira/Mainl-Bldga/Grounds E 10142110-407 Janitorial Servicea E 10141900407 Janitorial Servicea E 10142260-407 Janitorial Servicea Total COVERAa OF THE TWIN CITIES $99285 $81233 $1.189 98 $1.454 42 $186 38 $4.63596 101257 101257 101452 101452 101453 Paid Chki 082042 11/14/2005 DAHLGREN SHAROLOW 6 UBAN E 10143290-800 Special Pro)ecta. Contingency Total DAHLGREN SHAROLOW 6 UBAN $1.706 73 26232 $1.70673 Paid Chki 082043 11/14/2005 DAY. SUSAN E 10142110437 Training 6 Development Total DAY. SUSAN $3052 10/24/05 $30 52 Paid Chki 082044 11/14/2005 DELL E 22745600-575 IT Hardware 6 Applicaliona Total DELL $1.078 99 H82134655 $1.076 99 Paid Chki 082045 11/14/2005 DEPARTMENT OF LABOR 6 INDUSTRY E 101 42400437 Training 6 Development $3500 Oman Total DEPARTMENT OF LABOR 6 INDUSTRY $35 00 Oil Change i205 Trailer Connector i 195 Oil Change. Brakes i199 Siren #197 Oil Change #198 Oil Change #200 Brakes #194 Spot Light #205 Tires #197 Oil. Trans. Wipers #20 Oil. Stabhzeri202 RFP «3F-Nav Tower Paint I Adv For Emp Maint - GS #32 N Farm Ravine N Farm Ravine Carpet Cleaning Carpel Cleaning Janitonal-11/2005 Janitorial -11/2005 Janitonal 11/2005 • Nav Fire Navarre Vision Meals - Reid School Optplex 5WDXM81 Building Code Seminar Paid Chki 082046 11/14/2005 DEPT OF ADM • INTERTECH GROUP E 10142110-321 Telephone $37 00 OV05090273 E 10141900-321 Telephone $83 88 W05Q90569 PVC Circuit - 9-'2005 Phor>e Serv»ce j CITY OF ORONO *Check Detail Registei® 11/14/05 2 58 PM Page# NOVEMBER 2005 Chtcic Ami Invoice Comment E 602-49450-321 Telephone E 101-42110-321 Telephone E 601-49400-321 Telephone Tolil DEPT Of ADM-INTERTECH GROUP Paid Chki 062047 11/14/2005 DEX MEDIO EAST LLC E 613-49630-340 GeneraUdveftiling Totaf DEX MEDIO EAST LLC $4194 W05090569 $59 92 W05090569 $13 96 W05090569 $236 72 $128 67 300658806 $12867 Phone Service Phone Service Phone Service Directory Adv Paid Chki 062048 11/14/2005 DONALD SALVERDA A ASSOCIATES E 101-41300-437 Training A Devetopment $103 14 P-9505-C5 Tom DONALD SALVERDA A ASSOCIATES $103.14 Paid Chki 062049 11/14/2005 EARL F. ANDERSON A ASSOC. E 101-43000-224 Street Maint Materlata/Suppty Adv Effect Mgmt Program Total EARL F. ANDERSON A ASSOC. Paid Chki 062060 11/14/2005 EGAN E 101-43000-406 ConUacted Street Main! ToUl EGAN Paid Chki 062091 11/14/2005 ELECTRIC PUMP E 602-49450-227 Utility Syitem Maint. Supplies Tom ELECTRIC PUMP $882 47 68642 $882.47 $212 00 JC10007569 $212.00 $37 28 29934 $37.28 Signs eult)-TH12/CR6 Meter 11/14/2005 EMERGENCY MEDICAL PRODUCTS. IN $98 52 762205 Paid Chki 062052 E 602-49450-227 Utility System Maint Supplies Tom EMERGENCY MEDICAL PRODUCTS. IN Latex Gloves Paid Chki 062053 11/14/2005 ERICKSON. KURT E 101-42110-437 Training A Development Tom ERICKSON. KURT Paid Chki 062054 11/14/2005 ESCHELON E 101-42260-321 Telephone Tom ESCHELON Paid Chki 062055 11/14/2005 ESS BROTHERS A SONS E 651-49910-227 Utility System Maint. Supplies Tout ESS BROTHERS A SONS $9852 $1300 11/3A)5 $13 00 $355.33 6425807 $35533 $488 54 HH6206 $488 84 Chiefs Meeting Phone Service • Nav Fire Culvert • Park Ave Paid Chki 062056 11/14/2005 EULL'S MANUFACTURING CO. INC. E 602-49450-443 Repairs/Maint-IAI Reduction E 601-49400-223 Bidg/Grounds Maint Supplies E 602-49450-443 Repairs/Maint-l&l Reduction E 602-49450-443 RepairsA4aint-i6l Reductior^ E 602-49450-443 Repairs/Maint-lAI Reduction E 601-49400-223 P*dg/Grounds Mamt Supplies Total EULL S MANUFACTURING CO. INC. $20379 60616 Rings . Tar $26637 61427 Utility Supplies $54 56 61496 Rings $95 60 61567 Rings $166 67 61638 Rings Tar ($85 89) 6670 Utility SuppBiS Paw Chki 062057 11/14/2005 FACILITECH E 101-42260-404 Repairs/Maint-SWgs/Grounds Tom FACILITECH Paw Chki 062056 11/14/2005 FARNIOK. CORREY E 101-42110-226 Clothing 6 personal eque>meni $723 32 $667 24 62277 $667 24 $94 30 10/25/05 Repair Water Heater Uniforms CITY OF ORONO 11/14/05 2 56 PM Pages Check Detail Register® NOVEMBER 200S Ctwcli Aiwt Involf Coiwwunt ToM EARMOK, CORREY $94.30 Paid Chkt 002059 11/14/2009 FORENSIC SCIENCE PARTNERSHIP T E 101-42110437 Training A Davalopmant Total FORENSIC SCIENCE PARTNERSHIP T Paid ChM 002060 11/14/2005 FRANKLIN COVEY E 101-41900-201 Offico auppliaa $350 00 Famiok $350 00 Forensic Science Tmg - Famio Total FRANKLIN COVEY Paid ChM 002001 11/14/2009 GSK SERVICES t E 101-43000-226 E 602-40450-226 E 101-43000-221 E 601-49400-226 E 613-49630-226 E 101-43000-226 E 601-49400-226 E 613-49630-226 E 602-49490-226 E 601-49400-226 E 101-43000-221 E 613-49630-226 E 602-49450-226 E 101-43000-226 E 613-49630-226 E 601-49400-226 E 101-41900-404 E 602-49450-226 E 101-43000-226 E 101-42110-404 E 101-41900-404 E 101-41900-404 E 601-49400-226 E 101-43000-226 E 613-49630-226 E 101-43000-221 E 602-49450-226 Clothing 6 personal equipment Clothing 6 personal equipment Equipment Parts 6 Accessories Clothing & personal equipment Clothing & personal equipment Clothing & personal equipmert Clothing & personal equipment Clothing & personal equipment Clothing 6 personal equipment Clothing A personal equipment Equipment Rails A Accessories Clothing A personal equipment Clolhing A personal equipm rnt Clothing A personal equiprr.ent Clolhing A personal equirmant Clothing A personal ^^'^uipment Repairs/Maint-aidgs/Orounds Clothing A personal equipment Clothing A personal equipment Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bldgs/GrouiMls Clothing A personal equipment Clothing A personal equipment Clothing A personal equipment Equipment Parts A Accessories Clothing A personal equipment Total OAK9ERVICES Paid Chki 062062 11/14/2005 GENUINE PARTS CO. E 101-43000-222 Vehicle Equipment A Parts E 101-43000-222 Vehicle Equipment A Parts E 602-49450-212 Motor Fuels A Lubricants E 613-49830-221 Equipment Parts A Accessories Tout GENUINE PARTS CO. Paid Chki 082063 11/14/2005 GERRING'S CAP WASH E 101-42110-402 Repairs/Maint-Auto Equip Total GERRING'S CAR WASH Paid Chki 062064 11/14/2005 GIBBS. WILLIE E 101-42400-437 Training A Otveiopment Total GIBBS. WILLIE Paid Chki 082065 11/14/2005 GOOD, STEPHANY $49.55 52789963 Cut Away pages $4955 $88.95 1006590399 Uniforms $44.46 1006590399 Uniforms $37.52 1006590399 Shop Towels $1482 1006590399 Uniforms $6.34 1006590399 Uniforms $86 88 1006596714 Uniforms $1448 1006596714 Uniforms $6 34 1006596714 Uniforms $43.44 1006596714 Uniforms $14.82 1006603033 Uniforms $37.52 1006603033 Shop Towels $6 34 1006603033 Uniforms $44 46 1006603033 Uniforms $88 95 1006603033 Uniforms $6 34 1006609283 Uniforms $15.87 1006609283 Uniforms $103 90 1006609283 Mat Service $47.61 1006609283 Uniforms $9525 1006609283 Uniforms $164 08 10066092M Mat Sen/ice - PD $62.48 1006609265 Mat Service - CH $7039 1006609286 Mat Service - CC $1570 1006615616 Uniforms $94 26 1006615616 Uniforms $6 34 1006615616 Uniforms $37 22 1006615616 Shop Towels $47.10 1006615616 Uniforms $1.30186 $2533 851206 Oa Filter $1766 851209 Wiper Blade $2556 852362 Misc Supplies $4 90 852507 Misc Supplies $7345 $2341 1001/05 Car Washes $23,41 $55 89 102405 $5589 Mapmo Semina'’ CITY OF ORONO 11/14A>5 2.58 PM Page 6 *Check Detail Register© NOVEMBER 2009 Check Amt invoice Comment E 101-42110-437 Training & Development Total GOOD. STEPHANY $143.31 10/2005 $14331 Paid Chki 082066 11/14/2005 GOPHER STATE SEAL COAT E 101-43000406 Contracted Street Maint $9.360 00 8710 Total GOPHER STATE SEAL COAT $9,360 00 Paid Chki 082067 11/14/2005 GREATER W METRO HUMANE SOCIETY E 101-42110-317 Animal Care Total GREATER W METRO HUMANE SOCIETY $986 84 11/15/05 $986 64 Paid Chki 082068 11/14/2005 HARRIS COMPANIES E 101-42260-404 Repairt/Mamt-Bldgt/Groundt Total HARRIS COMPANIES $458 58 15930 $458 58 Paid Chki 082069 11/14/2005 HAWKINS CHEMICAL E 601-49400-216 Chemicals and Chem Products ToUl HAWKINS CHEMICAL $343 08 756267 $343 08 Paid Chki 082070 11/14/2005 HENNEPIN COUNT i INFOR TECH DPT E 101-41900-329 Other Communications E 602-49490-32) Telephone E 601-49400-321 Telephone E 101-41900-329 Other Communications E 101-42110-414 EDP/Communications Equip Rent Total HENNEPIN COUNTY INFOR TECH DPT $77 56 $2675 $2674 $78.75 $2.069 58 $2.27938 25097170 25098073 25098073 25107169 25108035 Paid Chki 082071 11/14/2005 HENNEPIN COUNTY SHERIFF E 101-41600-309 Jail Charges $170 77 805 E 101-41600-306 Legal-Prote<^lon $75 00 84i ToMI HENNEPIN COUNTY SHERIFF $245 77 Paid Chki 082072 11/14/2005 IKON OFFICE SOLUTIONS G 101-15500 Prepaid Items $1,501.37 23922504 E 101-42110401 Repairs/Maint-OfTice Equip $300.28 23922504 ToUl IKON OFFICE SOLUTIONS $1.801 65 Paid Chki 082073 11/14/2005 INTOXIMETERS E 101-42110-221 Equipment Parts & Accessories Total INTOXIMETERS $95 85 179974 $95 85 Paid Chki 082074 11/14/2005 JOHNSTON FARGO CULVERT. INC. E 651-49910-227 Utility System Main! Supplies Tout JOHNSTON FARGO CULVERT, INC. $1.13742 140304 $1,137 42 Paid Chki 082075 11/14/2005 KD 8 COMPANY E 101-43000-224 Street Mamt Matenals/Suppty ToUl KO A COMPANY $2 25 14291 $2 25 11/14/2005 KENNETH N. POTTS, PAPaid Chki 082076 E 101-41600-306 Legal-Prosecution ToUl KENNETH N. POTTS, PA $2 500 00 10/2005 52.500 00 Paid Chki 082077 11/14/2005 KIRVlOA FIRE, INC E 101-42260-402 Repairs/Maint Auto Equip Tout KIRVlOA FIRE. INC $716 56 369 $716 56 Meals/Lodging- Crack Filling 4th Qtr 2005 Impound Sen/ice Maint. Change Filters Nav Fire Chlorine. Flourine Database Access - 9/2005 PW Radios PW Radios Database Access -10/2005 Radio Lease - 10/2005 Jail Charges 9/2005 Jail Charges 10/2005 Copier Mam -10/31/05-06 Copier Mam -10/31/05-06 Mouthpieces Culverts Concrete Dumpmg Prosecutions - 10/2005 Pumper Inspection CITY OF ORONO 11/14A)S 2:58 PM Page 7 *Check Detail Register® NOVEMBER 2005 Chtck Amt PM Chki 062078 11/14/2005 LABOR RELATIONS ASSOC E 101-42110-319 Other Professional Services S6.710.00 10/1 Total LABOR RELATIONS ASSOC $6.710 00 Paid Chki 062079 11 /14/2005 LAKE MTKA CONSERVATION DIST. E 101-41110-433 Memberships 6 Subscriptions $11.175 25 10/17/05 Total LAKE MTKA CONSERVATION DIST. $11.175 25 Paid Chki 062060 11/14/2005 LOFFLER COMPANIES. INC E 101-42110-401 Repairs/Maint-Offico Equip Total LOFFLER COMPANIES. INC $300.00 85329 $300.00 iPaid Chki 062061 11/14/2005 LOOIS E 101-41900-329 Other Communications E 101-42110-401 Repairs/Mainl-Office Equip E 101-41900-401 Rtpairs/Maint-OfTice Equip E 101-42110-310 LOGIS-Applications E 101-42110-329 Other Communications E 101-41900-311 Data Processing Communication Total LOGIS $32150 $483 29 $48330 $1.956 00 $321 50 $31 00 $3,598 59 26342 26342 26342 26342 26342 26342 Paid Chki 062062 11/14/2005 LUNDS E 613-49900-092 Soft Dnnks For Resale E 101-42110-469 Other Miscellaneous Charges E 101-42110-469 Otlier Miscellaneous Charges ToUl LUNDS $3666 1669 $20.66 1877 $24 75 9724 $6229 Paid Chki 062063 11/14/2005 MARK S BENDICKSON. INC E 602-49450-227 Utility System Main!. Supplies $160.00 1034 Total MARK S BENDICKSON. INC $180 00 Paid Chki 062064 11/14/2005 MAYER DISTRIBUTING E 101-43000-224 Street Main! Matehals/Supply Tout MAYER DISTRIBUTING $5121 10082 $5121 Paid Chki 082065 11/14/2005 MCLEOD USA - PHONE BILLS E 101-42110-321 Telephone E 101-41900-321 Telephone E 601-49400-321 Telephone E 601-49400-321 Telephone E 602-49450-321 Telephone Total MCLEOD USA - PHONE BILLS $209 63 $48914 $47.95 $23 29 $54 35 $624 36 2506693 2508693 2506693 2506693 2506693 Paid Chki 082066 11/14/2005 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $25 338 15 810646 ToUl MET COUNCIL ENVIRONMENTAL SVCS $25 338 15 Paid Chki 062087 11/14/2005 MEYER*S OUTDOOR SERVICES E 101-45200-404 Repairs/Maint-Bldgs/Grounds E 101-45200-404 Repairs/Mamt Bldgs/Grounds ToUl MEYER'S OUTDOOR SERVICES $2 000 00 2199 $2 000 00 2205 $4,000 00 Paid Chki 082080 11/14/2005 MIDWEST FUELS G 101-14101 Gasoline Inventory E 101-43000-212 Motor Fuels 6 Lubricants Total MIDWEST FUELS $5 097 35 29392 $1 599 60 29392 $6,697 15 Carlson Matter LMCD - 4th Qtr 2005 Recorder Repair Internet - 9/2005 Annual Cisco Maint Annual Cisco Maint Police Recoros - 9/2005 Internet - 9/2005 Henn Cty Ext Con Soda Police Academy Police Academy Black Dirt • Dahl Rd LS Coastroi Pyropiex Phone Service Phone Service Phone Service Phone Service Phone Service Wastewater Charges 12/2005 Park Mowing - 9/2005 Park Mowing - 10/2005 2220 1 Gals Unleaded 540 Gala Diasel j r'" •W 4 ^ CITY OF ORONO 11/14/05 2 56 PM Pages *Check Detail Register® NOVEMBER 200S Check Amt Invoke Comment 11/14/2005 MILEPaid Chk# 062069 E 101-42110437 Training & Development ToUl MILE $314 00 11/09/2005 $314 00 Paid Chki' 062090 11/14/2005 MINNEAPOLIS OXYGEN COMPANY E 10143000-224 Street Malnt. Materialf/Supply $32.59 RI09050774 E 10142110-221 Equipment Paitt 6 Accetaories RI10050767 Total MINNEAPOUS OXYGEN COMPANY $47 06 Paid Chk« *062091 11/14/2005 MINNESOTA AMBULANCE ASSOC E 10142260437 T n 5 Development $65 00 9/13/05 Total MINNESv t A AMBULANCE ASSOC $65 00 Paid Chki 082092 11/14/2005 MINNESOTA SUN PUBLICATIONS E 10142110-340 General Advertiling E 10141900-352 Printing & Publishing Total MINNESOTA SUN PUBLICATIONS $254.00 817611 ($234 00) 817611 $20 00 Paid Chki 082093 11/14/2005 MOUND POLICE E 10142110437 Training & Development Total MOUND POLICE $395.00 10/27/05 $395 00 ^akf Chki *082094 11/14/2005 MUNICIPAL CODE CORPORATION E 10141900-319 Other Professional Sen.^ices $3795.66 73063 ToUl MUNICIPAL CODE CORPORATION $3,795 66 Paid Chki 062095 11/14/2005 NATIONAL WATERWORKS E 60149400-227 UtHtty System Maint Supplies E 60149400-227 Utility System Maint Supplies E 60149400-405 Repairs/Mainl Watermams/piant E 60149400-227 Utility System Maint. Supplies E 60149400-227 Utility System Maint. Supplies Total NATIONAL WATERWORKS $402 46 $170.40 $1.27600 $19347 $569 33 $2.63366* 2831655 2841567 2865125 2882319 2902663 Paid Chk# 082096 11/14/2005 NAVARRE HARDWARE E 10142110-223 Bktg/Grounds Maint Supplies E 60149400-240 Small Tools and Minor Equip E 10141900-221 Equipment Parts & Accessories E 60149400-227 Utility System Maint Supplies E 60149400-227 Utility System Maint Supplies E 60149400-227 Utility System Maint Supplies E 60149400-227 Utility System M«i»nt. Supplies E 10143000-224 Street Maim M^ierials/Supply E 65149910-227 Utility System rvtaint. Supplies E 60149400-221 Equipment Parts 6 Accessories E 65149910-227 Utility System Maint Supplies Total NAVARRE HARDWARE $851 $1490 $21 86 $11 69 $3316 $7.43 $584 $731 $531 $159 $1275 $13037 159411 159517 159675 159761 159682 159910 160030 160270 160413 160470 160702 Paid Chk# 062097 11/14/2005 NCPCRS GROUP LIFE INS G 101-21710 Life Insurance Total NCPERS GROUP LIFE INS $286 00 67321105 $268 00 Law Enforcement Dr - Pharo Cylinders Cylinders Cadaver Lab - Weist Adv For Employment /Ulv For Employment Reid Techique - Day Electronic Code Update Supplies Curb Box Lid Steamer Caps Curb Box Lid Hydrant Parts Fluorescent BuB Rod Saety Cham - Smart Trailer Paint. Pipe Misc Supplies Connector. Coupling Connector. Washer Washers. Nuts. Reflector Paint Utility Blades Mortar Mix s PERAUt 11/2005 Paid Chk« 082098 11/14/2009 NEXTEL COMMUNICATIONS E 101.42110-321 Talephona $347 72 506573311-04 PoncaNaxtala Total NEXTEL COMMUNICATIONt $347 72 CITY OF ORONO 11/14/05 2 58 PM Pages 1 *Check Detail Register® NOVEMBER 200S Chack Amt Invotc* Commwrt PaMChUi 0S2099 11/14/2005 NOM/U) INTERNATIONAL E 613-40830-221 Equlpmanl Pads & Acceitortea Tout NOMAD INTERNATIONAL $132 06 14276 $132.06' Golf Clubs Paki Chkf 08210C 11/14/2035 NORLINO'8 E 101<4S200 404 Rapain/Mainl-Bldgt/Grounds E 101-41900-404 Rapairs/Maint-Btdss/Grounds Toul NORLING'S $1.182 50 20360 $90 00 20360 $1,272.50 CB Park Landscape Main! CH Landscape Maint Paid Clik* 062101 11/14/2005 O'SULLIVANS • HOLIDAY $46 E101-42110-402 Repairs/Maint-Auto Equip $17.58 ORC Total aSULLIVANS • HOLIDAY 646 $17 58 Squad Washes PM Chk# 082102 11/14/2005 O'SULLIVANS HOLIDAY $47 E 101-42110-402 Repairs/Mainl-Auto Equip $186 84 ORC Total O'SULLIVANS HOLIDAY 647 $186 84 Squaa Washes 10/2005 * s Paid Chkf 082103 1 1/14T2005 OCCUPATIONAL MEDICINE CONS LTD E 602-49480-319 Other Professional Services E 101-42110-319 Other Professional Services E101-42110-319 Other Professioi-.ai Services E101-42110-319 Other Professio'- il Services E101-42110-319 Other Professional Services E101-421 10-319 Other Professional Services Total OCCUPATIONAL MEDICINE CONS LTD $80 00 $17500 $175.00 $175.00 $1.10516 $175.00 $1,885.16 155241 155782 155783 155968 155968 157781 Hepatitis B Hepatitius A & B Vacc Hepalilius A A B Vacc HapatKus A 6 B HepaMus A & B Hepatitius A A B Vacc Paid Chkf 082104 11/14/2005 OFFICE DEPOT E 101-41900-201 Office supplies E 101-41900221 Equipment Paits A Accessories E 101-42110-201 Office supplies E 101-42110-221 Equipment Paris A Accessories Total OFFICE DEPOT $98 74 310365138-00 Office Suppbes $41.27 310365138-00 Chair Mals $98.74 3103651364)0 Office Supplies $41 27 3103651364)0 Chair Mals $280 02 Paid Chkf 082105 11/14/2005 OROr.'O COMMUNITY EDUCATION E 101-45200-490 Contributions to Civic OTP'S $1.940 03 2005 Total ORONO COMMU.NiTY EDUCATION $1.940 03 2005 Summer Recreation Paid Chkf 082106 11/14/2005 Pi nr "IX TECHNOLOGY SOLUTICNS. E 101-42260-401 Repairs/Mau.t.C.Tico Equip Total PHOENIX TECHNOLOGY SOLUTIONS, $150.00 IV00858 $150 00 Support 11/2005 Paid Chkf 082107 11/14/2005 PPAIRIE OFFSET E 101-41900-201 Office suppi.ws E 101-41900-201 Offica suppl'.s Total PRAIRIE OFFSET $902 93 122661 $422 44 122690 $1,325 37 PO's . Letterhead Inspection Forms Paid Chkf 082108 11/14/2005 PRAlRlE RESTORATIONS INC. E 101-45200-404 Repairs/MaM.; L Jjs/Grounds $101.80 97267 Total PRAIRIE RCCTL iTATIONS INC. $10180 Fr Creek Park Maint Paid Chk# 082109 11/14/2005 RILEY. DETTMANN A KELSEY e 101-43290-800 Special Prc,. :l- Contingency Tout RILEY. DC" . NN A KELSEY $45000 7041 $450 00 Compensation Study Paid Chkf 082110 11/14/2005 RCOT-O-MATIC E 602-49450-406 RepairsffiiL.> t-C-r iines/lrfls $260 00 24764 2505 Ounvroody ■ I IlSiiM ill li III r CITY OF ORONO 11/14/05 2 58 PM Page 10 *Check Detail Register® NOVEMBER 2009 Check Amt invoice Comment Total ROOT-O-MATIC S260 00 Paid Chki 082111 11/14/2005 SAFETY 8IOK8 E 602-40450^15 Other Equip-neni Rentals Total SAFETY SIONS $175 73 52448 $175 73 Barrieadet Paid Chkf 082112 11/14/2005 SAMARATAN TIRE E 101-42110-402 Repairt/Maint-Auto Equip Total SAMARATAN TIRE $439.57 276952 $43957 Tires Paid ChM 082113 11/140005 SBC PAGING E 101-42110-321 Telephone Total SBC PAGING ^3 29 800009202610 PoTice Pagers $43 29 Paid ChM 082114 11/14^005 tcRSSONS E 10143000-221 Equipment Parts & Accessories E 10143000-221 Equipment I- aits & Accessories Tout SCHArvOERSSONS $31.35 2052774 $58.37 2053208 $89 72 Paid ChM 082115 11/14/2005 STATE TREASURER R101-39610 Miscellaneous Kevenuu O 101-20802 Out to govts-State Tout STATE TREASURER ($342.99) 1280 $8,574.73 1280 $8,231.74 ' Paid ChM 082116 11/14/2005 STEt :RUD, CHAO E 10142110437 Training & Development Total STENSRUO. CHAO $21.67 10/25/05 $21.67 PaidChM 082117 11/14/2005 STR..C CRS E 00249450-221 Equvment P 's S Accessories E 60249450-221 Equipment ruit.. Accessories E 10142110-402 Repairs/Ma At .> Equip E 10142110-221 Equipment r irts $ Accessories E 10142110-402 Repairs/M«.iit-Awto Equip E 10142110-402 Repairs/Maini Auij Equip Tout STREICHERS $117.10 $7982 $41 43 $5314 $77.59 $230 95 $600 03 1292221 1299589 1300501 1301408 1301739 1302721 PaidChM 082118 11/14/2005 SUN NEWSPAPERS E 10142110-340 General Aovaniiing Tout SUIJ NEWSPAPERS Paid ChM 082119 11/14/2005 SUN PATRIOT NEWSPAPERS E 60149400-352 Printing & rut..*..... $254 00 817611 $254 00 E 60249450-352 Pnntng & P„ sK. ig E 65149910-352 PnntH>gi .w»<i .i.!g Total SUN PAT...^.'i.cWSPAPERS $467 50 102905 $467 50 102905 $139 30 1085 $1,074 30 PaidChM 062120 11/14«003 t 'E lORWIRELESSC06NIUNICATIO ' E 60149400-221 Equipment r„... J Accessories ToUl SUPERIOR wirele:: communicatio $97 79 11941 $97 79 11/14/2005 TWVJPtlNC.Paid Chki 082121 E 10145200-223 Bldg/Groui.ss K w.> i. Supplies Tctal TWTUPYINC. $1.566 25 103105 $1,566 25 Paid Chki 082122 11/14«005 T-MO '-E E 10142110-321 Tetephone Tractor Parts Tractor Parts 3rd Qtr 2005 Surcharge 3rd Qtr 2005 Surcharge Meals • Training Flashlight Flashlight Spotlight Handle Stinger Battery Spotlight Handle Spotlight Adv for Emp - PD Del UB Listing Del UB Listing Adv - N Famt Ravine/Oifferman Clip Cases Rip Rap. Class 5 Gravel $158 00 412442756 MDCs h'i 11 ! } I'-} ( ' S' • I CITY OF ORONO ^’rri 2 58 PM Page 11 *Check Detail Register© NOVEMBER 2008 Chtek Amt Invote* Comnwit PM Chki 062123 Total T-MOBILE 11/140005 THE COURIER SOURCE 8158.00 E 101-41900-322 Potlagt Total THE COURIER SOURCE 821.06 821.06 110505 Oeivery to Hinthaw Paid Chki 062124 11/140005 THORPE OIST CO. £613409004)91 Boor For Ratale ToUl THORPE DIST CO. 82850 82850 391460 Boor for Rotate Paid Chki 082125 11/14/2005 TOaWE. KIMBERLY E 101-42110-437 Trairring 6 Cwvalopmor)t E 101-42110-437 Training & C .reiopmoni Total * tWE. KIMBERLY 827 00 836 25 863 25 10/20/05 Moalt • Reid Courto 11/4/05 Meals - Armorers Course Paid Chki 062126 11/140005 TOLL GAS A WELOINO SUPPLY E 101-43000-224 Street Maim //...tei alt/Supply Tout TOLL GAS S WELDING SUPPLY 5624 8624 465487 Cylinder Inv Paid Chki 082127 11/140005 TOMCHECK, LARRY E 101-42110-437 Trsnmg A Duvutc^ment Total TOr.tCHECK, LARRY 83674 836 74 11/5/05 Meals - Armorers Course Paid Chki 082128 11/140005 TRANSACT E 101-41900-201 Office tuppli.s Toujl TRANSACT 823744 8237 44 296285 Register Rolls. RIMion Paid Chki 082129 11/140005 u; ORMS UNUMITEO E 101-42110-226 Ctothing A p».. an.'! equipment E 101-42110-226 Clothing A ).... equipment ToUl Ut-.r .. UNLIMITED 8199.16 8124 48 832364 292791 294548 Badge Hat Seal Commendation Bar Paid Chki 062130 11/140005 VEfSCOINC. E 601-49400-227 Utility Systeni i.tsim Supplies TcUl VES8COINC. 840 31 840 31 35104 Hardware Paid Chki 082131 11/140005 VtKING INDUSTRIAL CENTER E 602-49450-226 Clothing A pc-«-nal equipment E 601-49400-226 Clothing A p ijr.al equipment E 101-43000-226 Clothing Ape: mI equipment Total VIKING Ifl^ ' ''1TRIAL CENTER 8109 98 83666 8219.91 8366.55 164865 164865 164865 Safety Clolhing Safety Clothing Safety Clothing 11/14/2005 V.Paid Chki 082132 E 101-42110-437 Traminj A Tot. C'. CITY OF nent .... -CA, CITY OF 85000 850 00 B/29A>5 BuBet Proof Mind-White Paid Chki 082133 11/14/2C05 W. TE lANAGEMENT - RECYCLING E 101-43270-316 Contract T... Pickup 86.784 96 121848015933 RecycRng -11/2005 Tout WASTE MANAGEf.' IT - RECYCLING 86.784 96 Paid Chki 062134 11/14/2005 W. E 101-41900-489 Other Mit:<. Total WASTE MAt..'. E r tANAGEMENT -TC WEST )0.s Charges 894 88 .4E.iT -TC WEST 894 88 121125415939 Solid Waste - CH Paid Chki 082135 tl/14/2005 w E 101-43000-381 Gas A Eir E 602-49450-381 Gas&EL. ''tHT HENNEPIN ELECTRIC 83102 823.73 3113009200 Electrical Service 3113009200 Electrical Service CITY OF ORONO *Check Detail Register® 11/14A)5 2:58 PM Page 12 NOVEMBER 200S Amt Invofee Coftiment E 101-43000-381 QasEEIectr*. Total WRIGHT HENNEPIN ELECTRIC $20.68 5015782900 $75.43 Electrical Service Paid Chic9 082136 11/14/2005 Wf'^ E 101-43200-800 Special Prpjr Contingency E 101-43290-800 Special Proj Contingency E 101-43290-800 Special Proj* Contingency ToUl WSB $5,295.00 6 $3,546.50 8 $2,800 00 9 $11.643 50' Hwy 12 Turnback Hwy 12 Turnback Hwy 12 Turnback Paid Chk# 062137 11/14/2005 XC t. ENERGY E 101-42260-381 E 601-49400-381 E 101-45200-381 E 101-42110-381 E 101-43000-381 E 101-43000-386 E 101-41900-381 E 602-49460-381 E 101-42110-381 £613^9830-381 Gas & Electric Gas & Electric Gas & Electric GasiT' :r Gas & Eiw:;r . Street Ligluifj Gas & Electr Gas 8 Electr.: Gas & Eiecti: Gas & Elect : To a*tCEL ENERGY $316.46 $3,032.71 $7.43 $8.86 $264.65 $3.468 62 $1.538 58 $1,790.67 $682.45 $206.37 $11,316.80 516985570-1 516965570-1 516985570-1 516965570-1 516965570-1 516965570-1 516965570-1 516965570-1 516985570-1 516985570-1 Electrical Service Electrical Service Electhcal Service Electrical Service Electrical Service Electrical Service Electrical Sennee Electrical Service Electrical Service Electrical Service w Fund Summary I'iOO Prlmaiy Caafi $178,244.29 101 GENERAL FUND 227 IMPR/EQUIP CAPITAL OUTI fVHD 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FU. ) 10100 Primary Cash $121,607.80 $1,078.99 $21.403 58 $30,007.70 $667.14 $3,479.08 $178,244.29 J I 1 Chtcli Numbtr Employe Mamt 055534 055472 055509 055473 055474 055475 055476 055477 055476 055479 055460 055461 055462 055463 055464 055465 055466 055467 055466 055469 055490 055491 055492 055493 055494 055495 055496 055497 055496 055499 055500 055501 055502 055502 055503 055504 055505 055506 055507 055508 055509 055510 055511 055512 055513 055514 055515 055516 055517 055518 055519 055520 055521 055522 055523 055524 055525 055526 FASCHING. GREGORY P. VOID BOBZIEN. SUE A FASCHING. GREGORY P BOBZIEN. SUE A. DODGE, RACHEL M. LESKINEN. DENISE M. VOID BORIS. SCOTT W. BUDIG. STACIE M ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T MADSON. ADRIENNE M. MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSEU. WIUIAM R. TOMCHECK. LAWRENCE F GAFFRON. MICHAEL P. OMAN. LYLE E VANG. BRUCE L GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L PALMER. GREGORY A RATH6UN. BARRY J SKREEN. DALE S. EIDUM. PHILIP HAMBRO. MARSHALL J. ROSS. JOHN A SCHNEIDER. LLOYD SMYTH. KATHERINE R. STEFFENHAGEN. RONALD MEYER. WILUAMC MOOR5E. RONALD J SILUS. BARBARA G VEE. UNDA S. KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K ANDERSON. BRUCE L. BORIS. SCOTT W CORNICK. JAMES L DAY. SUSAN J DEMBOUSKI. JAY C FISCHER. CHRISTOPHER K GOOD. STEPHANY R MCNICHOLS. DAVID L aROURKE. ASHLEY PHARO. CHRISTOPHER M RUSSETH. KYLEM SCHOENHOFF JOHN B STENSRUD. CHAO R TOEWE KIMBERLY D TOMCHECK. LAWRENCE F TOMCZYK. MARK W WHITE ANTHONY J WITTKE ANTHONY A. KLISZCZ DAVID A. CITY OF ORONO check register Pay Check Check Period Amount Date Check Status 23 $0 00 Void 23 $0 00 11/9/2005 Void 23.1 $0 00 11/9/2005 Unposted 23 $1,006 02 11/9/2005 Outstanding 23 $603 97 11/9/2005 Outstanding 23 $1 089 89 11/9/2005 Outstanding 23 $939 00 11/9/2005 Outstanding 23 $0 00 11/9/2005 Void 23 $1,557 88 11/9/2005 Outstanding 23 $216 26 11/9/2005 Outstanding 23 $1,851 88 11/9/2005 Outstanding 23 $1.777 54 11/9/2005 Outstanding 23 $1.61618 11/9/2005 Outstanding 23 $1486 34 11/9/2005 Outstanding 23 $631 64 11/9/2005 Outstanding 23 $1,829.11 11/9/2005 Outstanding 23 $495 31 11/9/2005 Outstanding 23 $480 56 11/9/2005 Outstanding 23 $1.438 95 11/9/2005 Outstanding 23 $356 78 11/9/2005 Outstanding 23 $1.385 08 11/9/2005 Outstanding 23 $863.74 11/9/2005 Outstanding 23 $249 66 11/9/2005 Outstanding 23 $447.15 11/9/2005 Outstanding 23 $751.16 11/9/2005 Outstanding 23 $1,496 05 11/9/2005 Outstanding 23 $1 418 84 11/9/2005 Outstanding 23 $11349 11/9/2005 Outstanding 23 $4715 11/9/2005 Outstanding 23 195 21 11/9/2005 Outstanding 23 $357 69 11/9/2005 Outstanding 23 $12001 11/9/2005 Outstanding 23 $1.409 23 11/9/2005 Outstanding 23 $582 00 11/9/2005 Outstanding 23 $2.389 44 11/9/2005 Outstanding 23 $891 47 11/9/2005 Outstanding 23 $1.11043 11/9/2005 Outstanding 23 $1,409.18 11/9/2005 Outstanding 23 $1,231 14 11/9/2005 Outstanding 23 $1.09599 11/9/2005 Outstanding 23 $2,007 19 11/9/2005 Outstanding 23 $20 00 11/9/2005 Outstanding 23 $1,701 68 11/9/2005 Outstanding 23 $1,442 70 11/9/2005 Outstanding 23 $1,594 79 11/9/2005 Outstanding 23 $1.884 98 11/9/2005 Outstanding 23 $2,002 80 11/9/2005 Outstanding 23 $1.100 00 11/9/2005 Outstanding 23 $866 48 11/9/2005 Outstanding 23 $1.344 84 11/9/2005 Outstanding 23 $1 705 43 11/9/2005 Outstanding 23 $1 629 32 11/9/2005 Outstanding 23 $1.31974 11/9/2005 Outstanding 23 $1 398 45 11/9/2005 Outstanding 23 $900 00 11/9/2005 Outstanding 23 $1 586 48 11/9/2005 Outstanding 23 $1,383 37 11/9/2005 Outstanding 23 $1 724 75 11/9/2005 Outstanding 23 $454 81 11/9/2005 Outstanding 11/14/05 11:48 AM Page 1 y CITY OF ORONO clMck rvgitttr Chadi Pay Check ChMk NiMiMr Empiei/M Namt Ptflod Amount OMi Clwck SIMM 055527CURTIS. MELAME 23 $1,370 23 11/9/2005 Outatanding 055528OAPFRON. MICHAEL P.23 1125 00 11/9/2005 Outalantfing 055529OAPPA.OREOORYA.23 $1.893 95 11/9/2005 Outstanding 055530OIBIS.WiaiAMR.23 $1.199 04 11/9/2005 Outstanding 055531OUNOIACH. JANICE J 23 $1,374 77 11/9/2005 Outstanding 055532OMAN. LYLE E.23 $1.400 00 11/9/2005 Outstanding 055533OEBAERE. DONALDL 23 $1.35019 11/9/2005 OutsUnding 055539HANSEN. STEVEN 23 $87500 11/9/2005 Outstanding ggggag OBERAIONER, SCOTT 6.23 $1.509 45 11/9/2005 Outstanding 055537OBRIEN. RANDY L 23 $550 00 11/9/2005 Outstanding 055538 PALMER. GREGORY A.23 $400 00 11/9/2005 Outstanding 055539RATHBUN. BARRY J.23 $200 00 $73.158 86 11/9/2005 Outstanding m,, vt iiT V. •'. ';» '* ■■v’^'-fv-i 11/14/os 1148 AM Page 2 '4£ ■ -•■ - -•.'?.,« ^■ > . 1 ,11'lit iMir r>h . iMkt .>i..J CITY OF ORONO 10/26/05 7:34 AM Page 1 chMk ragitter Chtcli Numbof EmployMiiafiw 004801 004802 004803 004804 004808 004808 004807 004808 004809 004810 004811 004812 004813 004814 004815 004816 004817 004818 004819 004820 004821 004822 004823 004824 004825 004826 004827 004828 004829 004830 004831 004832 004833 004834 004835 004836 004837 004838 004839 004840 004841 055442 055443 055444 055445 055446 055447 055448 055449 055450 055451 055452 055453 055454 055455 055456 055457 055458 055459 MOORSE. RONALD J. SILUS. BARBARA G. VEE. LINDA S. KUEHN. THOMAS M OLSON. RONALD J PETTIT. SANDRA K ANDERSON. BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W. CORNICK. JAMES L DAY. SUSAN J. DEMBOUSKI. JAY C. FISCHER. CHRISTOPHER K, GOOD. STEPHANY R MCNICHOLS. DAVID L OI^OURKE. ASHLEY PHARO. CHRISTOPHER M. RUSSETH. KYLE M. SCHOENHOFF. JOHN B. STENSRUD. CHAO R TOEWE. KIMBERLY D. TOMCHECK. LAV9RENCE F TOMCZYK.MARKW. WHITE. ANTHONY J. WITTKE. ANTHONY A. KLISZCZ.DAVIOA. CURTIS. MELANIE GAFFRON. MICHAEL P GAPPA. GREGORY A. GIBBS. WILLIAM R GUNOLACH. JANICE J. MEYER. WILLIAM C OMAN. LYLEE DEBAERE. DONALD L. FASCHING. GREGORY P HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J PETERSON. TAYLOR F DODGE. RACHEL M LESKINEN. DENISE M BOBZIEN. SUE A BORIS. SCOTT W ERICKSON, KURT R FARNIOK. CORREY L FISCHENICH. DAN T MADSON. ADRIENNE M MCNICHOLS DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R TOMCHECK LAWRENCE F. GAFFRON. MICHAEL P OMAN, LYLE E VANG BRUCE L GREGORY JAMES D HANSEN. STEVEN OBRIEN RANDY L Pay Chtclc Chack Ptrlod Amount Data Chack Status 22 $2.389 44 10/26/2005 Outaundtng 22 $627.06 10/26/2005 Outstanding 22 $1.11043 10/26/2005 Outstanding 22 $1,409 18 10/26/2005 Outstanding 22 $1,231 14 10/26/2005 OuUtanding 22 $1.095 99 10/26/2005 Outstanding 22 $1,991 44 10/26/2005 Outstanding 22 $855.00 10/26/2005 Outstanding 22 $20 00 10/26/2005 Outstanding 22 $1.978 96 10/26/2005 Outstanding 22 $1.434 27 10/26/2005 Outstanding 22 $1,875.80 10/26/2005 Outstanding 22 $1,754 11 10/26/2005 Outstanding 22 $2.002 80 10/26/2005 Outstanding 22 $1.100 00 10/26/2005 Outstanding 22 $834.27 10/26/2005 Outstanding 22 $1.344 84 10/26/2005 Outstanding 22 $1.483 81 10/26/2005 Outstanding 22 $1,629.32 10/26/2005 Outstanding 22 $1,319.74 10/26/2005 Outstanding 22 $1,293.39 10/26/2005 Outstanding 22 $900 00 10/26/2005 Outstanding 22 $1,586.48 10/26/2005 Outstanding 22 $1,301.30 10/26/2005 Outstanding 22 $1,515.50 10/26/2005 Outstanding 22 $390.31 10/26/2005 Outstanding 22 $1,370.23 10/26/2005 Outstanding 22 $125 00 10/26/2005 Outstanding 22 $1.893 95 10/26/2005 Outstanding 22 $1.199 04 10/26/2005 Outstanding 22 $1.374 77 10/26/2005 Outstanding 22 $524.15 10/26/2005 Outstanding 22 $1,400.00 10/26/2005 Outstanding 22 $1.788 48 10/26/2005 Outstanding 22 $1,006.02 10/26/2005 Outstanding 22 $87500 10/26/2005 Outstanding 22 $1.509 45 10/26/2005 Outstanding 22 $550 00 10/26/2005 Outstanding 22 $400 00 10/26/2005 Outstanding 22 $200.00 10/26/2005 Outstanding 22 $1475 10/26/2005 Outstanding 22 $1.089 89 10/26/2005 Outstanding 22 $939 00 10/28/2009 Outstanding 22 $147 90 10/26/2005 Outstanding 22 $1.577 72 10/28/2005 Outstanding 22 $1.830 70 10/26/2005 Outstanding 22 $1,851 14 10/26/2005 Outstanding 22 $1.634 07 10/26/2005 Outstandmg 22 $950 67 10/26/2005 Ouwandmg 22 $631 64 10/26/2005 Outstanding 22 $1,829.11 10/28/2005 Outstanding 22 $396 88 10/26/2005 Outstanding 22 $480 56 10/26/2005 Outstanding 22 $1 438 95 10/26/2005 Outstanding 22 $356 78 10/26/2005 Outstanding 22 $1,385 08 10/26/2005 Outstanding 22 $970 85 10/26/2005 Outstanding 22 $500 59 10/26/2005 Outstanding 22 $447 15 10/26/2005 Outstanding 7 > CITY OF ORONO clMck rtgittor Chuck Pay Chacli Check Number finplayee< Name Parlod AlIKHIfll Dale Check Statue 0554e0PALMER, OREOORY A.22 1751.16 1006/2005 Outatantfing 0S5461 RATHBUN. BARRY J.22 $1,163.64 10060005 Outalanding owe2 SKREEN, DALE 8.22 $1,132.29 10060005 Outalanding 055463 EMXM. PHILIP 22 $125 95 1006/2005 Outstanding 055464HAMBRO, MARSHALL J.22 $141.44 1006/2005 Outstanding 055465MCINTYRE. WILLIAM E.22 $9523 10/260005 Outstanding 055466PEICKERT.OARYJ.22 $21566 10060005 Outstanding 055467ROSS. X3HN A.22 $27.74 10060005 Outstanding 065466 SCHNEIDER. LLOYD 22 $363 50 10060005 Outstanding 055469SMYTH. KATHERINE R.22 $89.16 10/26/2005 Outstanding 0564708TEFFENHAOEN, RONALD 22 $1,409.23 10060005 Outstanding 055471STORK. JOHN T.22 $76 56 $72.780 66 10/260005 Outstanding I5P*-* 1006/05 7:34 AM Page 2 123*^ " * •• • ', , • ■ , • I ', • ;■■• ■* ^ -‘i- • . •:>.•'• ..: ^ CITY OF ORONO 10/26A)5 7 53AM Page 1 *Check Detail Registei^ OCTOeER 2005 Cheek Amt Invoice Comment 1 0100 PitmeryCaih _____ Paid Chki i'i/2«2005 PIR8T NATIONAL BANK Of LAKES G101-21701 Feda.-alVMIhltoWino 0101-21703 PICA Tax VWhhoMing G101-2'i703 PICA Tax VWMieiding Total FIRST NATIONAL BANK OP LAKES S10.P5862 54.823.66 54.623.66 S20.305 94 Paid Chk# 001990 KVMGOOS KMA RETIREM^T TRUST • 4S7 0 101-21709 OmerRatlremeM Sl.03862 Total ICMA RETIREMENT TRUST-407 Sl.03862 Paid CUM 002000 10126/2009 UWENFORCKENT LABOR SERVICE G101-21707 Union Duet $705 39 Total LAW ENPORCMENT LABOR SERVICE 9705.39 Paid Chki 082001 10M/2009 MN OEPT OF REVENUE G101-21702 Slate WHtiholding Total MN OEPT OF REVENUE S4.555 69 S4.555.69 Paid Chki 062002 1012612005 MN STATE RETIREMENT SYSTEM 0101-21710 Pott EmpioymanI Healtn S328 36 Total MN STATE RETStEMENT SYSTEM S328 36 Paid^kd OOSSSs 13^6/2005 NATK3N1MOE REt'lREMENt SOLUTION G101-21709 Other ReUrement S1.990.00 0101-21709 Other Retirement S9844 Total NATtONWIDE RETIREMENT SOLUTION S2.00044 PaidChkd 08^34 10/^60009 ORCHARD TRUST CO. TRUSTEE/CUST G101-21709 Other RetireiTwnt 93.032.68 Total ORCHARD TRUST CO. TRUSTEEWUST 93.03268 m PaW ChkTbiiO^ 10126/2009 PUBLIC EMPLOYEES RETIREMENT G 101-21704 PERA 97.754 47 O 101-21704 PERA 95.970.18 TotH PUBLIC EMPLOYEES RETIREMENT 913.732.65 Paid Chii'082006 1®2W065 “ UMTEO"^^^ 0 101-21706 UnitadWay 906.00 Total UNITEO WAY 986 00 10190 Primary Caah 945.673 77 Fund Summary 101 GENERAL FUND 10100 Primary Cash $45,873 77 $45.87377 fc. FEDERAL W/H FICA 8. MEDICARE W/H FICA & MEDCR CITY SHARE DEFERRED COMP-302030 UNION DUES #40 & #168 STATE TAX W/H post retirement USCM-ENTITY 2339 OBRA #2343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS w- 2M 1 I ilkef mil im^-f CITY OF ORONO 11/10/0& 1000 AM Page 1 *Check Detail Register® P NOVEMBER 200S Check Amt invoice Comment 1W00 RrkMfyCaeh __ PeTChMToeiOW 11/0/2009 FIRST NATIONAL BANK OF 0101-21731 Federal WKhhoMtng 0101-21703 FICATaaVWIhholding 0101-21703 FICATaiVWhholdIno Total FNIST NATIONAL BANK OF UKES SI 0.909.33 S4.67065 $4,870.65 $20,650.63 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE I^Chk# 062m 1 1/9i2m ICMA RETIREMENT TRUST - 467 0101-21705 Other Ratiremenl Sl.03862 Total ICMA RETIREMENT TRUST-467 Sl.038 62 Paid ChiS'OMMIO11/9/2005 UtWENFORClS^^ 0 101-21707 Union Duee SO OO Tom law ENFORCMENT labor service $0 00 '^'CIMOmi DEFERRED COMP-302030 UNION DUES «40& 9168 11/9/2005 MN DEPT OF REVENUE 0101-21702 Stale Withholding $4.619 29 $4.619 29 STATE TAX \NM PaMS»Mr06'2012 Tom MN dept of revenue Ti/9J26w ~ MN sf/iTE RETIREMENf svm 0101-21718 Poal Employment Health ToM MN STATE RETIREMENT SYSTEM $317.30 $31730 1*iidChiS ‘M20T3 TvS/MOS NATIONWibETO^^ 0101-21705 Other Retirement $1,990.00 0101-21706 Other Retirement $8029 ToM NATONWIOERETMEMENT SOLUTION $2.07029 pot! retirement USCM-ENTITY 2339 OBRA 82343 >aid7hM o535ii nnSoSs orchard trust COrTRUSTEE/c'USf 0 101-21705 Other Retirement $3,032.68 ToM orchard TRUST CO. TRUSTEEKSUST $3.032 68 ^aki CiiiS* 682015 1 1rtWCiOS" TOBLIC 0 101-21704 PERA $7,742 54 0101-21704 PERA $5.96128 Tom PUBLIC employees retirement $13.70382 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H Paid Chk# 082016 11/9/2005 UNITED WAY 0 101-21706 Untied Way ToM UWTEDWAY $8600 $86 00 CHARirr DONATIONS 101C0 Primary Caah $45 516 63 Fund Summary 101 GENERAL FUND 10100 Primary Caah $45,518 63 $45.51863 . ■ 'V-. • ' r • 'A • ® .f ■*, INFOBMATlbN * 4s«. ITEMS COUNCIL MEETING COUNCIL MEEIWO NOV 142005 onYOPonoNO ♦ % V * 1 lAliilSOfAl MDH immjQdifflD PnttcHng, maintaining and improving tin health of aU Minnesotans COUNCIL MEETING NOV 142005 CtTYOFORONO November 9.2005 Orono City Council c/o Ms. Lin Vee. Clerk Orono City Hall P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Council Members: SUBJECT: Haloacetic Acids (HAA5) and Trihalomethane (THM) Results, Orono, Hennepin County, PWSID1270041 Enclosed are the most current HAA5 and THM analysis conducted on water samples collected from your public drinking water supply. HAA5s and THMs are regulated contaminants formed in treated waters by the disinfection process. By rule (Minnesota Rules. Chapter 4720), community water supplies that add a disinfectant as part of the drinking water treatment process, are required to monitor HAA5s and THMs. The Minnesota Department of Health ,MDH) has analyzed water samples for HAA5s and THMs for the previous quarter(s). The sample results are within acceptable limits. The results are tabulated below: SMnpling 8He: Distributton System Contaminant: Halcmcetlc Acids MCL: 60.4 ^ Date Collected 09/27/2005 Results 2.90 Units f/g/i Sample# 200527438 Contaminant: Total Trihalometh‘*nes MCL: 80.4 ^ Date Collected 09/27/2005 Results 2.50 Units pg/i Sample# 200527438 A sampling kit will be sent to you prior to your next scheduled sampling date. It is required that you collect HAA5 and THM samples and submit them to the MDH Laboratory for analysis. The results will be reported to you as soon as they become available. GsbbhI Infernution: (6511 201-5000 “ TDD/TVT: (651) iOl-^'O"* ■ Minnewia ReUy Scnice: (800) 62 ”-3520 ■ www.hralih.Maie.mn ua For diicctions to anv of the MDH locatiooi. call (651) 201-5000 ■ cquJ oppotiunity etnploa^r i I; f \ Ofono City Council PWSID1270041 -2-November 9,2005 This report should be placed in your records and a copy maintained on or near the water supply premises and available for public Inspection for not less than ten (10) years. If you have any questions, please contact Pauline Wuoti at 651/201-4674. Sincerely, * Richard D. Clark, P.E. Supervisor of Community Public Water Supply Unit Environmental Health Division P.O. Box 64975 St. Paul, Minnesota 55164-0975 RDCiPAW Enclosure cc: Water Superintendent Isaac Bradlich, MDH St. Paul District Office M >V«*‘ WM V . V;; r-'■ . : < s- ■ ■ • V:..' r7.“**‘ f.*' '/i'' V.'. • ■ -y . •:>» ‘t "4. . ,' • “tv. . -V . - \ \ / ' ■ • ■ -.v.y vj '''''''''''''''' - — - 1 <* /If *1 . i Mlanttsota pspart—nt 0£ Haaltli - ■nvlronaantal Laboratory Final Kapert - Cliaat Copy - Report Of Analytical Results Date Received: 2a-S*P-2005 Date Generated: 12-OCT-2005 Request Page: 1 of 1 Date Reported: 12-OCT-2005 Program: PC Program Name: COM! WATIR POPPtXBf (8AN«) ■•■eleat 200S2742t - 200S2743I PWS No 1270041 Site ID 1270041 Facility Name OKMO City 1 Tiniii CqII ID Field Blank Type QTR Field Res 37-BIP-2005 rn11 oetnr- Mam«» mAKRY ORoao Prig Sang) P04 Res Trip Blank bangle No: 200S27430 | Receiving Comments: Field No LocID Sampling Point DOl DzonaioTZOR sybtim SAMPLE RESULTS •*•****•**••* Otaltt OMMIZC izttity Reviewed By mjk on 12-OCT-OS Reenlt Kept Level oaita Mete I Positive Oroaaie Xesnlts are indicated by BOLD. 411 Haloacatic Acids, ICR Dibroaoaeetic Acid ^ mohloceeeetia Acid ^ Honobroa»ac«tic Acid Monocbloroacatic Acid TriOblereeeetie aeid'V 464 THMs in Water 4 Bromoform ChlorodibromoMthant Chlorefoni ■V' V,.- Analysis Date <o.s 0.5 ug/L 29-SEP-05 2.x l.S ug/Xi 29-SEP-05 <1.0 1.0 ug/L 29-SEP-05 <1.5 1.5 ug/L 29-SEP-05 Get G.S ug/li 29-SBP-05 Get G.2 ug/L 28-SEP-05 21:26 <0.5 0.5 ug/L 28-SEP-05 21:26 <0.5 0.5 ug/L 28-SEP-05 21:26 1.7 0.1 ug/L 28-SEP-05 21:26 Croup 2S4328 Sasipls Page 1 n