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01-26-2004 Council Packet
COUMCIL MEETING JAN 2 6 2004 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY f«[UNpn009.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 CONSENT AGENDA 1. Approve/Amend PUBLIC HEARING - 7:00 P.M. 2. Annual Public Hearing for NPDES Storm Water Pollution Prevention Plan APPROVAL OF MINUTES * 3. Regular Council Meeting of January 12,2004 PARK COMMISSION COMMENTS - Paul Pesek, Representative PLANNING COMMISSION COMMENTS LMCD REPORT - Debora Halvorson PUBLIC COMMENTS - (Limit S Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 4. #04-2970 Robert P. Mack, 1525 Bay Ridge Road - Variance - Resolution 5. #04-2975 Reverend Loren D. Davis on behalf of the Good Shepard Lutheran Church, 3745 Shoreline Drive, Conditional Use Permit Amendment - Resolution 6. #04-2979 Dr. Donald Ristad and Kent Cassidy, 1005 Old Long Lake Road, Variances and Conditional Use Pennit - Resolution 7. #04-2980 Orfield Design and Construction Inc. on behalf of Marilyn McClaskey, 2693 Kelly Avenue - Variance - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 8. Request for Final Payment - County Road 6/Brown Road North Sanitary Sewer Project 9. City of Medina Request for Sewer - Keller Estates Development CITY ADMINISTRATOR'S REPORT 10. Pay Request - Navarre Fire Station 11. Application and Certificate for Payment Numbers 6 and 7 - Navarre Fire Station 12. Adopt Hennepin County Hazard Mitigation Plan - Resolution 13 . Accept Hennepin County Emergency Management Grant 14. Accept Resignation of Community Service Officer John Herman 15. Hire Full-Time Community Service Officer ►AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 26,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT 16. LICENSES Kennel Licenses Tobacco Licenses 17. BILLS UPCOMING ISSUES AND EVENTS 01/26 - Council Meeting, 7:00 p.m. 01/29 - Council Work Session, Thursday, 5:30 p.m. 02/02 02/04 02/05 02/09 02/16 02/17 02/23 Park Commission Meeting, 7:15 p.m. Park Commission Work Session, Wednesday, 5:30 p.m. Council Work Session, Thursday, 5:30 p.m. Council Meeting, 7:00 p.m. HOLIDAY, Presidents’ Day Planning Commission Meeting, Tuesday, 6:00 p.m. Council Meeting, 7:00 p.m. 03/01 - Park Commission Meeting, 7:15 p.m. 03/03 - Park Commission Work Session, Wednesday, 5:30 p.m. 03/04 - Council Work Session, Thursday, 5:30 p.m. 03/08 - Council Meeting, 7:00 p.m. 03/15 - Planning Commission Meeting, 6:00 p.m. 03/22 - Council Meeting, 7:00 p.m.X- ;f . ;s. YA*r 4 t*Ji' 1 ■ ^4 aii? Hf' '■ • 'i. . .. _T .t»I Stmm d Public Attendance Meeting D ate Q Council n Planning Commission □ Park Commission □ Other NAME (please print) 1. 2.D 3. 4. S. 6.. 7. 8. 9. 10. 11. 12. 13. 14._ IS. W AA<ilBiilr»jha Snfpart^nrairfiMi AMaaiaMn.«pi L&aktiA Please ntLOUTTHE information reqlested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER i REQUEST FOR COUNCIL ACTION COl INniL MEETING JAN 2 6 2004 DATE: SftST'O ITEM NO.: 2. Department Approval: Naaie Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: ^ Public Services Director ’s Report Item Description: NPDES Storm Watei'-Permit Annual Meeting Introduction In May 2003 the City applied for a National Pollution Discharge Elimination System (NPDES) Storm Water permit, and one of the requirements of this permit is that the City must hold an annual meeting to obtain public comments on this permit and the activities associated with this permit. Background information on the NPDES storm water program and dr -'elopment of the pennit application is provided below. Federal legislation in the Clean Water Act requires that all states implement a program to require a. (NPDES) permit for storm water discharges. The original NPDES program, v^ich started in the 1960's in response to water pollution problems, required NPDES permits for all point source discharges such as industrial sites and waste water treatment plants. After the point source water pollution problems were corrected, the Environmental Protection Agency (EPA) began to regulate non-point sources of water pollution caused by storm water runoff as storm water runoff is a significant source of water pollution. The responsibility for administration of this NPDES program was transferred to the states for permitting and administration. Phase 1 of the storm water program required permits for large cities. In Minnesota, the only two cities with Phase I permits are Minneapolis and St. Paul. The Phase II regulations expanded the permitting requirements to smaller cities. The medium size cities in greater Minnesota and all of the suburban cities in the metropolitan area are now required to have a NPDES Phase II Storm Water Permit. This permit requires lliat the City develop a Storm Water Pollution Prevention Plan (SWPPP) which includes a set of Best Management Practices (BMPs) describing the City’s program for storm water runoff control. Page 1 of 5 1 i Storm Water Pollution Prevention Plan The Storm Water Pollution Prevention Plan (SWPPP) consists of a set of Best Management Practices (BMPs) that address activities that the City will undertake to control and help reduce stormwater pollution. These BMPs must address the six following Minimum Control Measures 1 . Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge and Detection 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention and Housekeeping The permit requirements purposely were not designed to be highly prescriptive in nature in recognition of the fact that every community is unique with differing storm water issues and available resources. The intent of the permit requirements is that each community develops its own unique SWPPP based on a self assessment process and the development of BMPs that address storm water pollution control to the Maximum Extent Practical. The City developed a SWPPP with 43 BMPs to address the required six minimum control measures. Annual Meeting A public hearing notice for the annual meeting was published in the December 20^ Laker/Pioneer newspapers. The purpose of this meeting is to provide an opportunity for public comments on the Orono NPDES Phase 11 Storm Water Pollution Prevention Plan (SWPPP) which contains a listiitg of Best Management Practices (BMPs) for storm water management. The following items should be discussed at the meeting. o The original SWPPP o Status of compliance with Permit conditions o The appropriateness of the BMPs listed in the SWPPP o Progress toward achieving the Measurable Goals Page 2 of S ] ] II ! I 1 i o The original SWPPP The storm water permit requirements purposely were not designed to be highly prescriptive in nature in recognition of the fact that every community is unique with differing storm water issues and available resources. The City developed its own unique SWPPP based on a self assessment process and the development of BMPs that address storm water pollution control to the Maximum Extent Practical. Orono ’s SWPPP has 43 BMPs to address the required six minimum control measures. 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge and Detection 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention and Housekeeping A set of BMPs has been developed that provides credit for many items that the City is already doing to control stormwater pollution and also includes several BMPs to meet new requirements, llie City's long'Standing development philosophy of low density 2 and S-acre zoning development and wetland protection to protect Lake Minnetonka, and the other lakes in the City, is the best method of reducing stormwater pollution. Emphasis on the City’s low density development philosophy is discussed in the overview section of the permit and is also listed in several BMP's. City ordinances and policies that limit impervious surfaces in the shoreland areas, protect lakeshore trees and vegetation, wetland setbacks, and require stormwater treatment for all new developments are all valuable BMPs to control stormwater runoff. Orono ’s Surface Water Management Plan that provides detailed information on the City's stormwater drainage system and stormwater control is another important BMP. Tlie entire City development review process is a good educational tool and provides many opportunities to educate residents on the philosophy behind our restrictive approach in regulating density and limiting impervious surfaces. The City can also count our comprehensive septic inspection and monitoring program, sanitary sewer maintenance and rehabilitation projects, the new SCADA system, and the spring cleanup and recycling programs for reduction of illicit discharges to the storm water system. Overall, the City is in good shape and can take much credit in meeting the intent of the NPDES Phase II permit to control stormwater runoff. Orono is also involved in a cooperative clfort with other cities, Metro Watershed Partners, and the Minnehaha Creek Watershed District in developing cooperative educational programs to increase public awareness of storm water management issues. Page 3 of 5 { ■ I ; .iT . I •f ■ : r o Status of compliance with Permit conditions The City is in substantial compliance with the permit conditions and has continued to maintain the programs and policies described in the Best Management Practices. o The appropriateness of the BMPs listed in the SWPPP The development of the BMP’s in the SWPPP were based on a self assessment process and consideration of the unique factors in the City of Orono and address storm water pollution control to the Maximum Extent Practical. There have not been any substantial changes in the factors that were considered in the development of the original BMP’s that would cause these BMP’s to not be applicable anymore. o Progress toward achieving the Measurable Goals The City is making progress toward achieving the measurable goals. T he City’s zoning ordinances contain limitations on the size of houses and impervious surfaces in the Shoreland areas. In 2003,16 replacement homes were constructed with most of these on the Lake Minnetonka shoreline. For situations where an existing house is removed and replaced, the new house is normally required to be in conformance to the zoning regulations for structural coverage and impervious surface limitations. This can result in a reduction of impervious surface on the properly or impervious surfaces being moved further from the lakcshore. In addition to replacement homes on the lakeshorc, there were many more lakeshorc remodeling projects. For house remodeling projects the City’s policy is to move toward closer adherence to the zoning regulations which may result in less impervious surface and impervious surface being moved further from the lakeshorc. Erosion and drainage problems are also corrected during housing redevelopment projects. In summary Orono’s stringent zoning requirements continue to be an cfl'ectivc Best Management Practice for storm water runoff management. The City continued recycling, spring cleanup, and yard waste collection programs to reduce illicit discharges to the storm water system. Three existing neighborhoods were provided sanitary sewer service to eliminate non conforming septic systems. Hie City conducted inspections for 34 new and replacement septic systems and SSO inspections of existing septic systems to ensure satisfactory of septic systems and reduce illicit discharges. The Public Works Department completed annual inspections and servicing on 45 lift stations and cleaned approximately 14,000 lineal feet of sewer. One new lift station was upgraded with new equipment and the SCADA system to provide notifications for malfunctioning lift stations became operational. Storm sewer system cleaning was also completed by Public Works Page 4 of 5 T' * ’ u 1 r A City project for the construction of a vegetated swale was completed to correct an erosion problem along Stubbs Bay Road. A new NURP standards storm water detention pond was constructed for the Stonebay development. Construction site inspections and correction of erosion problems were also completed in the past year along with the repair of several lakeshore erosion problems by property owners. City staff is involved in a cooperative effort with other cities, Metro Watershed Partners, and the Minnehaha Creek Watershed District in developing cooperative educational programs to increase public awareness of storm water management issues. Staff has also attended training sessions on erosion control and storm water management and golfcourse pesticide and herbicide use. Training sessions were also attended for staff to maintain state certifications in various areas. A comprehensive safety training program and other programs on public works operation and maintenance were attended by public works personnel. COUNCIL ACTION REQUESTED: Conduct a Public Hearing to obtain comments on the City’s NPDES Phase II Storm Water Permit. Page S of S i \ r- 3 i CITY OF ORONO STORM WATER POLLUTION PREVENTION PLAN The following sections describe the development and land use philosophy and policies of the city, process of developing the City of Orono ’s Storm Water Pollution Prevention Plan (SWPPP) pages, and summarize the Best Management Practices (BMPs) selected for the program. Section Page 1Overview Self-Assessment Description .............................;.:2 . Minimum Control Measure Summary....................4 Overview The City of Orono is located on the edge of the Twin Cities urbanized area (UA) the entire city limits fall within the UA which classifies it as a mandatory regulated MS4 for the ^fPDES Piiase II program. All of the surrounding communities are also MS4 regulated communities. The Director of Public Services was selected, by the City Administrator, to oversee this program because the Public Services Department includes public works operation and maintenance, planning and zoning, engineering, building and site inspection, septic systems program, and the municipal golf course operation. Therefore the Public Services Director has responsibility and management authority fro almost all of the City functions that arc involved with the stormwater management from both the operational and development perspective. The Public Services Director is also closely involved with the Administration and Police Departments through weekly senior level staff meetings that are facilitated by the City Administrator. Selection of the Public Services Director to oversee the NPDES Phase II Stormwater Program, provides a high level of city support for this program and enhanced coordination of the various city functions associated with this program. The City of Orono was one of the participants the League of Miimesota Cities Phase II Guide Plan Process the City Council authorize city fmancial participation in the guide plan process to provide assistance for city staff to complete the required permit application and SWPP. This guide plan participation was vital because of the small size of Orono and the limited staff time and expertise available for implementation of this new program. The City of Orono is located on Lake Minnetonka and has been aware of the importance of protecting water quality for many years. In 1975, about 80% of the city was rezoned to a 2 and 5 acre density to limit the amount of stormwater runoff entering wetlands and Lake Miimetonka. At the time of this rezoning Orono was largely undeveloped, so over the past 30 years the majority of new development has been on 2 and 5 acre lots The city has also had regulations protecting wetlands inplace since the early I980 ’s which has saved numerous acres of valuable wetlands as the city develop^. The city ’s long standing policy of low density rural development, and wetland protection has bMn invaluable in reducing the pollutant loading from stormwater into the wetlands and Lake Minnetonka. The Orono City Council strongly believes that the most effective stormwater nmoff “Best Management Practice” is limiting Uie amount of high density urban development and is committed to maintaining rural density in Orono as this pollutant loading source reduction is far more cost effective than removing the stormwater pollutants after the fact. The recently approved Community Maiuigement Plan for 2000-2020 retains the 2 acre and 5 acre zoning for the majority of the city. P«gC I CITY OF ORONO SWPPP The land use in the City of Orono is almost exclusively residential ,or paric and open space, with only 2% of the land area being commercial, industrial, or multi family development uses. Because of the significantly higher stormwater runoff and pollutant loading from conunercial and industrial land uses, Orono’s limited amount of these land uses results in reduced stormwater pollutant loadings for the regions lakes and wetlands. The City of Orono has a very limited pipe system for stormwater conveyance as we have very few streets with concrete curb and gutter. Almost all of our streets are a rural section wd most of the stormwater conveyance, in the City, is by overland drainage. The topography is relatively flat with numerous wetlands and depression areas throughout the city. ThisTack of a piped'storm sewer drainage system combined with the relatively flat topography results in reduced times of concentraUons for the stormwater flow, and also the large rural density lots, provide opportpiiities for natural treatment of the stormwater flow before it reaches the lakes in tte city. The ne^r developments in the city also have stormwater treatment ponds. * ‘ v; •• The City of Orono has also had an ordinance to the limit the percentage of ii)^perVi6us surfaces on lots within 1,000 feet of the city’s lakes in order to the reduce the amount of storrhwdter and pollutant loading to Lake Miiuietonka. This hardcover ordnance is structured l^y zones so as limit the hardcover in areas closer to the lake, for example no imi^m<bus surfaces lire ^loxved within 75 of the lakeshore. Orono has also had a compj^^^ve septic system man^^efii program inj^acii^^i^Hi full time septic systems manager for the 1 5 yealfs. The city’sfse^c program includes ^r^i^tions of inplace septic systems on a routirie ^is^ b erisure properpom^On and prevent illicifBi^hWges. The city has also has been providing saniU^ to* existing higher den^i^ rieighborhoods that were developed prior to the implementation of the 2 acre zoning. Over 90% of the Lake M^etordca shoreline has ^n sewered plus almost all of the non-lakeshore higher density neighborhoods. Self-Assessment^escriptiQn • 4 ’Before beginning to*aelect BMPs and Mea^urible Goals, city staff undertook a self-assessment of our city’s stormwater system. This yyas an Evaluation of our city’s conditions, needs, and practices. The objective of this process wu. to provide a knowledge base upon which to structure our SWPPP in order to meet the Permit’s Maximum Extent Practicable standard. ‘ ff 5* The self-assessment was guided by materials included in the League of Minnesota Cities NPDES Phase II MS4 Guide Plan. This self-assessment process had two major components: • The first workshop session organized as part of the LMC Guide Plan project included a self-assessment component led by Pat Collins of AMEC Earth & Environmental. This included: o discussion of physical and socio-political watershed and organizational conditions and issues that should guide the selection of BMPs and Measurable Goals o review of two examples of cities with different characteristics to demonstrate how local conditions should shape the selection of BMPs and Measurable Goals o a series of exercises in which our city staff considered the local conditions for our community and how they should guide our selection of BMPs and Measurable Goals. • After the worieshop session, we worked with the NPDES Phase II Program Assessment Questionnaire that was included in the LMC Guide Plan notebook. This was a twelve-page document with a comprehensive list of questions that we used to guide us through a self- assessment activity, including consideration of a wide range of stormwater ap|Moaches. Page 2 1 CITY OF ORONO SWPPP The results of this process include: • a set of understandings among city staff • written notes • completed Program Assessment Questionnaire Together, these items represent our knowledge of our local stormwater system..id2iw conditions that shape it We have used the results of this self-assessment {xocessio guide our sS^tion of BMPs and Measurable Goals that make up the SWPPP for our Permit Application , . t» Based <m this self-assessment process, our staff has consi Maximum Extent Practicable standard set forth in the Permit (^vmg factors m order to meet the • sources of pollutants ^ i. potentially polluting activities b|tU>S conduct^ in the wate^<3 sensitivity of receiving waters ^ J ' uses of receiving wate|s^% ^ q)ecific local comxj^j ^ .. J tte size of oivfiAwlwfy ^ ^ climate^ ^ ^ implen^timo^sch^ules |ff ^ | f ^ current itbility to fiiuuice-s^rmi^iier programs ;;l| > ‘ 4 I % I? 4 it V operation A maintenance^ hydrology geology capacity to ^ I fkrate and ty^oidevelopmAt cluMcteristics of oiUjWimraied^ chtf^teri B #1 5: organizaUoiud irises of our city. In addition to the self-assessment process discussed above, our staff has also considered the following non-stormwater discharges to determine whether they should be identified as significant contributors of pollutants to our stormwater system: • water line flushing landscape irrigation diverted stream flows rising ground waters uncontamiiuited ground water infiltration uncontaminated pumped ground water discharges from potable water sources foundation drains air conditioning condensation irrigation water springs water from crawl space pumps Pitc3 CITY OF ORONO SWPPP • footing drains • lawn watering • individual residential car washing • flows from riparian habitats and wetlands • dechlorinated swinuning pool discharges • street wash water • discharge or flows from fire fighting activities. During the self-assessment process, the City of Orono did not find any of the additional referenced non stormwater discharges listed above to be significant contributors 6tpollutants to tfre^stormwater system. Minimum Control Measure Summary Tbf^ document summarizes the BMPs chosen by the City of Orono Each BMP is-pJ^orized into one or more Minimum Control Measures (MCMs) to meet the Maximum Extent>Piao6nble standard set in the .thermit requirements. Where a BMP addresses more than one MCh^ it is listed under every appro|.riate MCM. Tlie following is an outline of the BMPs and Md^jpcluded under each major section of SWPPP. ;j tfe'; it 1 . Public Educati^n^|l Outreach ^ | 2003-2004 Education Activj!^ Implementation Plyil.A lA.l* 1S3 Storm Water Articles Newsletter Presenta^ons to City Council !0Q8 Education Actiy^^i>lementation Plan 234 3.A 3.C.1 3.C.2 3.C.6 3.C.7 4.C.1 5.B 5.B.1 5.B.2 5.C c Notice for Aipmal>SI6tihwater Meeting ual Public Meeting Public Comments and r)ocumentation Procedures Park Commission and Adopt a Park Progr^ Stormwater Drainage System Map Illicit Septic System Discharge and Detection Program Illicit Septic System Discharge/ Detection Training Program West Heimepin Recycling Commission Program Hennepin County Hazardous Materials Disposal Program Construction Site Comments and Documentation Program Development and Redevelopment Ordinances Community Management Plan Zoning Ordinances Surface Water Management Plan Page4 i CITY OF ORONO SWPPP 2. Public Involvement and Participation LA I 2003-2004 Education Activity ntition Plan 1.A.1 Stonn Water Articles in City Newslettcfs 1.A.2 T Presenti I • r-to City Council 2004»2008 Education Activity Implementation Plan ISJ JSJ Public Nodce for Annual Stormwater Meeting Annual PutilicCi ParkO Ik StormwaterM 4.C.I- fconstiuction Site Coihmdits'and DocuniientjtkP'i*«>gram S.B 5.B.1 f Develqpmi^t^iaKi Redevelopment lukes Conyibuii^ ^itanage^lent Plfin^^ Qrdtnanccs >lJ^urAce Water Managem^tiPlan '..jf ❖ Pates r» lAi^ CITY OF ORONO SWPPP 3. illicit Discharge, Detection and Elimination I.A I.A.1 1.A.2 2.B.3 3.A 3.B 3.C.1 3.C.2 3.C.3 3.C.4 3.C.5 3.C.6 3.C.7 Education Activity Implementation Plan Stonn Water Articles in City Newsletter Presentations to City Council Public Comments and Documentation Procedures 4 ft- Stormwater Drainage System Map Illicit Discharge, Detection, and Enforcqn^ f’ V- Illicit Septic System Discharge and Detection Prograqi Illicit S^c System Discharge apd Ddection Tra^qg •' f Aiuiual Clean Up Day Progrm Annual Construction Debris Disposal Annual Leaf i^ld Gbys Disposal Progr West HgmppinKecycling Commissibli^<^|ram 5», 53.1 5.B.2 5.C ¥■ Heiuicpi^CpUiity Hazardous Materials Disposu PrognuQ ■ ^ ___________ ^ ti ErpSion^i r V* >• Mgiagcmcnt Tnuning Progr^^ ^ iPcvclopmOTt and HSdevcIopmcnt Orditiari^ IE Conuni^^ Management Plan m y- Zomi|g Ordinances SurfaceWater Management Plan Public Works 1'raining Program City V^ae Maintenance Program 6.B.2 6.B.3 6.B.4 6.C 6.C.1 6.D Parking Lot and Street Cleaning Storm Drain System Cleaning Storm Sewer Inspection Program Storm Sewer Operation and Maintenance Program Sanitary Sewer System Operation and Maintenance Program Sanitary Sewer System Operation Training Program Municipal Golf Course Training Program Pages r CITY OF ORONO SWPPP 4. Construction Site Runoff Control 1.A r.A.1 2.B.3 3A 4.A 4.B 4.C 4.C.1 4.D Public Comments and Documentation Procedures Storm Water Aidcles m Spring and Fall City Newslettm Public Comments and Documentation Procedures Stormwater l>ramage ^yetem Map (instruction Site Stormwater Rv I I'O I Construction Site Plan Review Program Orduiance^v 4 % ’ / V#1 C Construction Site Inspectira I^igrUb/or Standard Compliance ^ •**' - Construction Site Documentatigiri*iiMjfam' Erosion Conti6[ zil r mentTi 2 # .ra . - . Ji: * ■' ;|8 4M I «*• (T t Pi|e7 H ? ' r CITY OF ORONO SWPPP 5. Pott Construction Runoff Control I. A 1.A.1 2.B.3 3.A 4.D 5.A 5. A.! 5.A.2 5.A.3 5.A.4 5.A.5 5.B S.B.1 5.B.2 5.C 6.A 6.B 6.B.I 6.B.2 6.B.3 6.C 6.C.1 6.D Public Comments and Documentation Procedures Storm Water Articles in Spring and Full Ci^ Newsletters Public Comments and Docui Stormwater Drainage System Map • •» <■ Erosion Control Management Training t*rogiam Development and Redevelopment Plan Bdn^l^togram Stormwater Wetland Detention Rain Garden Infiltration •; ^ V • • Vegetated Swales Buffer Strips Stabilization Seeding, .1 ^velopment and RMevdlo[Mnent Ordigaty^ (i^onununity Manageihent Plan . I* ♦ Zoning (jftijiumces f. " ' ■ . % Sur&ce \^ater Management Plan • U >#' Public Works Ttauung Program City Vehicle Maintenance Program Parking Lot and Street Sweeping Storm Sewer System Cleaning Storm Sewer Inspection Program Sanitary Sewer Operation and Mamtenance Program Sanitary Sewer System Operation Training Program Municipal Golf Course Training tYograin * • • *CITY OF ORONO SWPPP 6. Pollution Prevention and Good Housekeeping 3.A 4.D 5.C 6.A "SSI JSJ Stonnwater Dfainage System Map Erosion Control Management Training Program SuruKc Water Management Plan Public Works Training Program ^45City Vehicle Maintenance Program Parking Lot and Street Sweeping ^ y F > 0 Storm Sewer System Cleaning A Storm Sewer Iinpection Program f ' f II •«* Sewer Operition «jd Maintenance Riograiji Sc^^st^pjteration Trainiiigigogram al QojiuDou&'Traiiiing Proafimraining ^ ad ^ ^ tr ^ f (\9 p 1 , t i,h^ r ORONO CITY COUNCIL MEETING cm iMrii MEETING MONDA Y« JANUARY 12,2004 ___ JAN 2 6 2IMi ROLL CITY OF ORONO The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaflron, Planner Janice Waataja, City Attorney Sean Simpson, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve/Amend Items 6,7, 8,9,10,11,12,13,14, IS, 16,17,18,19, and 20 were added to the Consent Agenda. Murphy moved, and Sausevere secooded, to approve the consent agenda as amend^. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of December 8,2003 Murphy moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of December 8,2003. Vote: Ayes 5, Nays 0. *3. Minutes of the Special Council Meeting of December 16,2003 Murphy moved, and Sansevere seconded, to approve the Minutes of the Special Council Meeting of December 16,2003. V'ote: Ayes 5, Nays 0. PARK COMMISSION COMMEN*FS—DEBORA HALVORSON, REPRESENTATIVE Halvorson stated that the Parks and Trails board met on January S’**. They all appreciated the work session held with Council. They discussed the ice rinks at Casco Point and Mm ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 PARK COMMISSION COMMENTS—DEBORA HAL VORSON, REPRESENTA TIVE —Continued Hackberry Park. They were opened for winter break. The golf course had not opened its wanning house, however, because there was not enough snow for sledding. They discussed prioritizing projects over the next five years. They will be doing an inventory of park equipment, including the current value of each item. White suggested listing the ages of equipment on the inventory. Halvorson stated the inventory will help them budget for maintenance over the next twenty years. She also stated they hope to encourage community involvement in smaller projects. McMillan stated that she attended the meeting. Murphy stated he didn’t realize the golf course had winter hours. Halvorson replied the course is open for sledding at all times, but the wanning house keeps hours. Mayor Peterson announced that Halvorson will be the new City representative to the LMCD. Halvorson thanked Council for their support. PLANNING COMMISSION COMMENTS—LIZ H AWN, REPRESENTATIVE None. PUBLIC COMMENTS Mrs. Winston of 765 Spring Hill Road asked if the City has a committee looking into the historical value of properties around Orono, concerning preservation. She stated there is grant money available for preservation projects. White stated that they do not have an inventory, per se, but that Gaflron notifies Council when there is something before them of significant age. He stated that they have discussed the need for preservation, but it is not a high priority. Sansevere and Murphy suggested preservation projects could fit in as a Parks Commission duty. ZONING AD.MINISTRATOR’S REPORT ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2(NM 4. #02-2961 Nina Wildman, 745 Spring Hill Road—Preliminary Fiat Approval- Resolution No. 5099 Gaffron stated that Council had approved the concept of the proposed subdivision with no requirement to upgrade the existing road outside the property boundaries, and with no requirement to dedicate wider right-of-ways for the existing road outside the property boundaries, subject to further discussion among all parties to clear up access/easement issues, and directed staff to draA a resolution. The applicant's surveyor indicated that the traveled, paved portion of the driveway curves to the south before reaching the Hawn property east of the end of the cartway. It would appear that there is no undue encroachment of the Hawn property. He also notes that within the Winston property, the driveway appears to extend outside the boundaries of its dedicated easement. This will have to be rectified prior to final plat approval by moving the driveway or re-defining the easement. Staff has some concern that the 12' proposed paved width of the one-way private road loop in Outlot A may need to be widened for adequate emergency vehicle access. A condition has been included in the resolution requiring Fire Marshal and City Engineer approval of the final design. An item that came up in discussion was whether utilities were within the easement corridor and whether they crossed into the neighbors' properties. The easement issue needs to be dealt with. Gaffron suggested adding language (in bold) on page 9 of 10 of the resolution, item G where it says, “Documentation sufficient to satisfy the City Attorney that the property has legal roadway access and utility easements to Spring Hill Road...” GafAon stated that the draft resolution requires no road upgrades and no easement expansions between Spring Hill Road and the property, and that no off-site road easements be granted to the City until they get to the actual property. This is consistent with a number of past subdivisions, but not with the most recent one on Brown Road South where they held up a subdivision until they could pro\ e they had a 50' access to convey to the City. Bob Carlson of 201 East Lake Street, Suite 241, Wayzata, asked if the Park Dedication fees could be paid following the building permits, instead of up front with the subdivision because not all of the lots are intended to be developed. Gaffron stated that they used to do that, but it got confusing, so they switched to requiring the fees with the subdivision. Mr. Carlson stated that one lot might be joined to another and never built on. ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 4. M02-296! Nina H^Udman, 745 Spring Hili Road—Pretiminary Plat Approval— ResolutloH No. 5099—Continued GafTron stated that because the fees are collected based on their impact on parks and a vacant lot would not impact the park system, there was some logic with Mr. Carlson's request. The problem would come with tracking and possibly setting a precedent. Moorse stated that for tracking and administrative purposes, it made the most sense to have the fee paid now. Mayor Peterson polled the Council and all agreed that it would be best to collect the fee at present with the subdivision. Mrs. Winston asked why the driveway turnaround might need to be widened. GafTron stated that it had to do with the radius of the curve and large truck's ability to navigate it. The loop may not have to change, but if the Fire Marshal and Engineer felt it should be wider, that would be required. Gaffron stated that the reason for the turnaround is to legitimately connect each of the three lots to a legal access ruad. Murphy asked if they could ado language stating that any change required in the width of the turnaround be the minimum necessary. Gaffron stated that language could be added (in bold) to item 6 on page 6 of 10, where it says, “...subject to approval by the City Engineer and City Fire Marshal to ensure adequate but not excessive emergency vehicle access...” Allen Christy of 901 Marquette Avenue, Minneapolis, asked about item 13 on page 4, which seemed inconsistent with the resolution. He recalled that Council agreed no covenants would be restricting the development of the lots because any projects would be brought before the Planning Commission and Council for approval. Gaffron replied that items 13 and 14 are findings that document discussion held about the application and carry no weight as a condition. Sansevere moved, and White seconded to adopt Resolution No. 5099 granting preliminary approval of a Class III Subdivision for Property located at 745 Spring Hill Road, owned by Nina Wiidman, included the language added by CounciL Vote: Ayes 5, Nays 0. 5. #03-2962 Robert and Joanne Switz, 1740 Shadywood Road—^Variances Waataja stated that she had no presentation because they were expecting the applicant to deliver new plans, which would hopefully conform to the Planning Commission ’s recommendations. The new plans would be referred back to the Planning Commission. ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 5. it03-2962 Robert and Joanne Switi, 1740 Sha^fywood Road—Vartances-Continued Mrs. Switz stated that she wouli like the Council to table the application. She stated Waataja and Gaffron had spent a lot of time with them and they have worked hard to conform to requirements. White asked how the current house got so big. Waataja stated she did not have the street file with her. Sansevere thanked the applicants for attending the meeting. Mayor Peterson moved, and McMillan seconded, to table Item 5, Robert and Joanne Switz, 1740 Sbadywood Road. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere mentioned the dirt at the intersection of Willow and 6 from construction traffic. He also noted that the properties at Stone Bay are incredibly tight. Sansevere stated that Mrs. Timm had come in after Public Comments and stated he would like to acknowledge her. Murphy stated that he had visited the Timm property today. The Excelsior Fire Department will now be handling fire calls in Navarre, as of January l“. The transition went smoothly. They expect to be in the new station in a few weeks. Regarding the dirt on the roads, Murphy stated that the contractors took some time off. They do usuallj’ run a street sweeper, but with the ice and snow it’s difficult to sweep the streets. The roads become more hazardous for the large trucks when the roads get greasy. He stated they would discuss the matter with Mn/DOT at the next meeting. He suggest^ calling himself or Moorse when problems are noticed with the roads so that they can contact Mn/DOT. McMillan stated she had a concern about the road closings due to construction forcing traffic through “Graffiti Bridge.” She stated school buses don’t even use the route because the bridge is too tight. She hopes Mn/DOT plans to build a new access. Murphy stated he would also bring that issue up to Mn/DOT at the next meeting. Mayor Peterson stated that they were all invited to the Mound Public Safety ribbon cutting ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 MAYOR/COUNCIL REPORT —ConHnued ceremony. She congratulated Mound. The Mayor asked when Orono would have a ceremony for the Navarre station. Moorse stated that they could schedule something once the building is completed, or they could wait until it's warmer and they have the landscaping in for a grand opening. Murphy stated that the Fire Department feels strongly about the right kind of flag raising and dedication ceremony. He suggested talking to the department and setting one up as soon as possible. Murphy asked if they should send a letter to the Mound Fire Department thanking them for their service. Council agreed they should. Mayor Peterson reopened Pnblic Comments for Mrs. Timm. Mrs. Timm stated that she brought photos of their property, including the shared driveway. Gaffron stated that he put together a memo giving a balanced history of the issue, stating all sides of the matter. Mrs. Timm stated that the neighbor has put rocks and trees along the driveway in order to make it difTicult for the Timms to get out of their driveway. Sansevere asked if the issues with the neighbor predated the truck being on the property. She replied that her husband had got the neighbor a load of crushed rock at half-price and he complained they charged too much. That was 2 years after they got the truck, and when all the trouble started. Their neighbor across the street faces the driveway and garage, yet he and his wife have no problem with the truck. Mrs. Timm stated that putting another drive on their property isn’t feasible due to the slope of the property and mature spruce trees on their land. It would be too expensive to redo the bam. She stated the truck is only in use 6 months out of the year. They don’t have S-acres of land and can’t work on the truck inside a building. Murphy stated that they need to work with both parties. Mayor Peterson stated they should read Gaffron’s history' of the matter before making any decisions. Mrs. Timm asked if Council could recommend an attorney who is familiar with Orono. 1 ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 MA YOR/COUNCIL REPORT/PubHc Comments—Continued White suggested she save their money at this point and work with the City and the neighbor. PUBLIC SERVICE DIRECTOR’S REPORT *6. Purchase Radio Read Water Meters and Establish Fees for Meiers—Resolution No. 5101 Murphy moved, aud Sansevere seconded, to adopt Resolution No. 5101 amending the 2004 Fee Schedule to reflect revised water meter prices. Vote: Ayes 5, Nays 0. *7. Hennepin County EPDB Agreement—Resolution No. 5100 Murphy moved, aud Sansevere seconded, to adopt Resolution No. 5100 authorizing the City of Orono to extend an agreement for the use of Hennepin County’s Electronic Proprietary Database. Vote: Ayes 5, Nays 0. *8. Sale of Surplus Lift Station Pumps Murphy moved, and Sansevere seconded, to declare eight Model 3100 Flyght sanitary sewer lift station pumps and miscellaneous parts as surplus equipment, and authorize selling them through an advertisement in the League of Minuesota Cities Bulletin. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *9. Pay Requests—Navarre Fire Staliou Murphy moved, and Sansevere seconded, to approve the requests for payment in the amounts of $3,240.00 to Constructive Ideas, and $223.25 to STS Consultants, Inc., to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 *10. Final Payment—Heavy Rescue Vehicle for Long Lake Fire Department Murphy moved, and Sansevere seconded, to approve the final payment of $15304 for the rescue vehicle for the Long Lake Fire Department, making Orono*s total cost $173,926.19 to be funded from the Navarre Fire Station and Equipment Bonds Construction Fund. *11. Annual Appointments—Resolatioa No. 5102 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5102 amending the Designation of Selected Appointments for the Year 2004. Vote: Ayes 5, Nays 0. *12. Selection of Date for 2004 Local Board of Appeal and Equalization Murphy moved, and Sansevere seconded, to estabibh Wednesday, April 21,2004 at 7:00 p.m. as the date and time for the 2004 Local Board of Appeal and Equalization meeting. Vote: Ayes 5, Nays 0. *13. Pay Adjustments—Stephany Good, Police Chief Murphy moved, and Sansevere seconded, to approve the 3% pay adjustments for Chief Stephany Good for 2003 and 2004, effective January 1,2003 and January 1, 2004, respectively. Vote: Ayes 5, Nays 0. *14. City Recorder Fee Adjustment Murphy moved, and Sansevere seconded, to approve the foliowing fee schedule for 2004 for the City Recorder, effective January 1,2004: ig Time: hours Fee 1-2 $140 2-3 $165 3-4 $205 4-5 $265 5-6 $340 6-7 $440 7-8 $535 Vote: Ayes 5, Nays 0. L ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 *15. Prosecuting Attorney Contract Renewal Murphy moved, and Sansevere seconded, to approve the renewal of the contract for prosecution ser\ ices with Ken Potts for the years 2004,2005, and 2006 at an annual fee of $30,000. Vote: Ayes 5, Nays 0. *16. Use of Hennepin County Emergency Management Grant Murphy moved, and Sansevere seconded, to accept Hennepin County Emergency Management Grant. Vote: Ayes 5, Nays 0. Murphy moved, and Sansevere seconded, to make the necessar>* budget adjustment to approve purchase of the Floyd Digital Video Recording System. Vote: Ayes 5, Nays 0. *17. Liability Insurance Non-Waiver of Statutory Tort Limits—Resolution No. 5103 Murphy moved, and Sansevere seconded, to adopt Resolution No. 5103 Not to Waive the Statutory Tort Limits for Liability Insurance Purposes. Vole: Ayes 5, Nays 0. *18. Appoint Auditor for Fiscal Year 2003 Murphy moved, and Sansevere seconded, to appoint the audit firm of Malloy, Karnowski, Radosevlch & Co., P.A. to perform the required audits for the 2003 fiscal year records at an estimated cost of $24,200, excluding direct expenses. Vote: Ayes 5, Nays 0. *19. Consultant Engineer 2004 Fee Schedule Murphy moved, and Sansevere seconded, to approve the proposed rate schedule for engineering serv ices for 2004. Vote: Ayes 5, Nays 0. 19a. Schedule of Work Sessions Moorse and Council decided to meet on January 29'*''’ and February S'**. Thereafter, they will hold work sessions on the Thursday before the first Council meeting of each month. Moorse will send out a calendar. mum ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 CITY ATTORNEY’S REPORT None. *20. LICENSES Special Event 1. Applicant: Event: Location: Date: Time: 2. Applicant: Event: Location: Date: Time: 3. Applicant: Event: Location: Date: Time: 4. Applicant: Event: Location: Date: Time: 5. Applicant: Event: Location: Date: Time: Aulik & Associates, Inc. 2004 Parade of Homes—Spring Preview 955 Tonkawa Road February 14-March 21,2004, Thursdays - Sundays 12:00 noon - 6:00 p.m. Minnetonka Custom Homes 2004 Parade of Homes—Spring Preview 4753 North Shore Drive February 14-March 21,2004, Thursdays - Sundays 12:00 noon - 6:00 p.m. StoneBay 2004 Parade of Homes—Spring Preview 2460 Sandstone Lane, 653 Sandstone Circle, Sales Trailer at 2500 Kelley Parkway February 14-March 21,2004, Thursdays - Sundays 12:00 noon - 6:00 p.m. Stonewood Design Build 2004 Parade of Homes—Spring Preview 4535 North Shore Drive February 14-March 21,2004, Thursdays • Sundays 12:00 noon - 6:00 p.m. Stonewood Design Build Luxury Home Tour 847 Tonkawa Road June 11-13,18-20,25-27, Fridays - Sundays 1 :00 p.m. -7:00 p.m. Fridays, 12:00 noon - 6:00 p.m. Saturdays & Sundays Murphy moved, and Sanscverc seconded, approving the above listed licenses. Vote: Ayes 5, Nays 0. r *♦ ORONO CITY COUNCIL MEETING MONDAY, JANUARY 12,2004 *21. BILLS Murphy moved, and Sansevcre seconded, to approve payment of the All Funds Account Vote: Ayes 5, Nays 0. ADJOURNhIENT The meeting was adjourned at 8:03 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor t' > \ y / i o y L. n \ (*) Asterisk items are considered to be loutme items to be enacted upon by one molioa by the City Counc11 under the Consent Item* oo the agenda. Memos regarding each of the Agenda items are available in the Public PKket - located on the counter near the sign In sheet ROLL CALL CONSENT AGENDA 1. Approve/Amend COlJNJril MPPTING JAN 2 6 2004 PUBLIC HEARING - 7K» P3L CITY OF OROIVU 2. Annual Public Haring for NPDES Stonn Water Pollution Prevention Plan approval of minutes * 3. Regular Council Meeting of lantuiy 12.2004 PARK COM>USSION COMMENTS - Paul Pcselc. Representative PLANNLNG COM>HSSION CO»lM£\TS LMCD REPORT - Debon Halvorson PUBUC COMMENTS - (Lioit S Minutes Per Person) ZONLNG AD^HNISTRATOR'S REPORT 4. #04-2970 Robert P. Mack, 1325 Bay Ridge Road - Variance - Resolution 3. #04-2973 Rever^ Loren D. Davis on behalf of the Good Shepard Luthenui Church, 3743 Shoreline Drive, Conditional Use Permit Amendment - Resolution 6. #04-2979 Dr. Donrld Ristad and Kent Cassidy. 1005 Old Long Lake Road. Variances and Conditional Use Permit - Resolution 7. #04-2980 Orfield Design and Construction Inc. on behalf of Marilyn McClaskey 2693 Kelly Avenue - Variance - Resolution ’ ^ hUYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 8. Re«)uest for Final Payment - County Road 6«rovm Road North Sanitary Sewer Project 9. City of Medina Request for Sewer - Keller Estates Development CITY AD.MINISTRATOR'S REPORT 10. Pay Request - Navarre Fire Station 11. Application and Certificate for Payment Numben 6 and 7 - Navarre Fire Station 12. Adopt Hennepin County Hazard Mitigation Plan - Resolution 13. Accept Hennepin County Emergency Managemem Grant 14. Accept Resignation of Community Service Oflicer John Herman 13. Hire Full-Time Community Service Officer AGENDA FOR COUTtCIL hlEETING SET FOR MONDAY, JANUARY 26,2004,7H10 PJIL ORONO COUNCIL CHAMBERS, 2700 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT 16. LICENSES Kennel Licenses Tobacco Licensa • 17. BILLS UPCOhONG ISSUES AND EVENTS m 01/26 - Council Meeting, 7.*00 pan. 01/29 - Council Wofk Sewon, TkurjJjy. 5:30 p jn. 02/02 * Park Cominisstoo Meeting, 7:13 pjn. 02/04-Park Commission Work Sesstoo, Wednaday, ^*J0 pjn. 02/05 - Council Work Se»oOp Tkunday, 5:30 p,m. 02/09 - Council Meetiog, 7.*00 pjn. 02/16-HOLIDAY, Presidents* Dqr 02/17 - Planning Commisiion Meeting, Tue$day, 6:00 p m. Dale Application Received: I2-I7-03 Dale Application Considered as Complete: 12-17*03 60-Day Review Period Expires: 2-IS-04 COUMril MFETING JAN 2 6 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: Januan 26,2004 Item No.: ^ Department Approval: Name: Janice Gundlach^ Administrator Approval:Agenda Section: Zoning Title: City Planner Item Description: «04-2970. Robert Mack, 1525 Bay Ridge Road - Variances - Resolution Zoning District: Lot Area: Lot Width: LR - 1 A, One Family Lakeshore Residential District (2 acre minimum) 0.858 acres (37,377 s.f.) 123 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 1-22-04 C - PC Memo and L.xhibits of 1-15-04 Application Sunmary: Application Summary: Applicant requests the following variances in order to replace a flat roof with a pitched roof which raises the ceiling in the existing living room, and to construct a car port at the front entrance of the home: 1. Side setback variance to allow a side setback of 18' at the southeast comer of the home when 30* is normally required and 18’ currently exists. 2. Average Lakeshore setback to allow' an encroachment of approximately 50* in order to construct a pitched roof where a flat roof currently exists. 3. Hardcover variance to allow 27% hardcover in the 75-250* zone when 25% is normally allowed and 28% currently exists. Planning Commission Recommendation Approval consistent w ith the follow ing stall recommendation: 1. Side setback variance to allow a side setback of 18* at the southeast comer of the home when 30’ is normally required and 18* currently exists. 2. Average Lakeshore setback to allow an encroachment of approximately 50* in order to construct a pitched rood where a flat roof currently exists. Hardcover variance to allow 27% hardcover in the 75-250* zone when 25®/b is normally allowed and 28% currently exists. 3. ---- staff Rcconmicndatioii Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting side setback, average lakeshore setback and hardcover variances for IS25 Bay Ride Road. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-305 (B), SECTION 78-1279 (6), SECTION 78-1288, AND SECTION 78-282 FILE NO. 04-2970 WHEREAS, Robert P. Mack and Ardell M. Mack, husband and wife (hereinafter “the applicants ”) are the owners of the property located at 1525 Bay Ridge Road within the City of Orono (hereinafter the “City”) and legally described as follows: Tracts I and J. Registered Land Su*Aey No. 192. files of Registrar of Titles. Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-305 (B), 78-1279 (6). 78- 1288 and 78-282 for a side setback variance to allow a side setback of 18’ at the southeast corner of the home when 30' is normally required and 18' currently exists, average lakeshore setback variance to allow an encroachment of approximately 50’. and a hardcoxer variance to allow 27% hardcover in the 75-250* zone when 25% is normally allowed and 28% currently exists, in order to replace a flat root with a pitched roof which raises the ceiling in the existing living room, and to construct a car port at the front entrance of the home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2970. The property is located in the LR - lA zoning district, which requires a minimum lot area of 2 acres. The applicant's property is 0.858 acres. The Planning Commission reviewed this application at a public hearing held on January’ 20, 2004 and recommended approval of the side setback. Page 1 of 6 f J 4. 5. average lakeshore setback, and hardcover variances based on the following findings: a. The existing setback is non-conforming. b. The proposal will not further encroach on the existing side yard setback. c. No additional living space is being added. d. The raised roof will not affect any sightlines. e. The square footage of removals proposed is greater than the square footage of new hardcover proposed bringing the lot closer to compliance. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring propeny; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-305 (B). 78-1279 (6). 78- 1288 and 78-282 in order to replace a flat roof with a pitched roof which raises the ceiling in the existing living room, and to construct a car port at the front entrance of the home subject to the following conditions: Page 2 of 6 L i I. 2. 3. 4. 5. 6. 7. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Hardcover in the 75-250* zone shall be limited to 5,785 s.f. or 27% per the proposed plan and hardcover allowance summary as depicted on Exhi'rit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Required removals of hardcover shall be completed by the final inspection. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (January 26,2005). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants* heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26'*' day of January, 2004. Page 3 of 6 u * r r • j I ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of 2004 by Barbara A. Peterson, Mayor of the Cit) of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this __, 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 Cit>. Notary Public Page S of 6 ‘i i State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this by Robert P. Mack, husband of Ardell M. Mack. day of ,,2004 Notar\’ Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this by Ardell M. Mack, wife of Robert P. Mack. dav of ,2004 Notar>' Public .:t - ■•:- ;-i M ' ui- iKMui:? I ac j, K.L.b. NU. ^^^z HENNEPIN COUNTY, MINNESOTA £-)CH<&ir A AKAl.y$l$ Appr^v^ 5c«pion '5 p«o^^lSt»0>«usT VUHPh^ CF HO a. P'W'<^LEGAL OESCRtf>TK>N Trocts I ond J. R«oistered Lood Survey No. 192, files of Registror of Titles Hervwpin County, wmesoto =S5 o Jron mo'ker LM« Judicial londmork Bearirigs shown ere based upon an ossumed dotum SSflAkHi^u CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: 04-2970 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 22,2004 TO: Robert Mack 314 Buchanan Street NE Minneapolis, MN SS4I3 COPIES: TYPE OF APPLICATION:Side Yard Setback, Average Lakeshore Setback and Hardcover Variances DATE OF MEETING: January 20.2004 Planning Commission recommended as follows: Motion by Commissioner Bremer, seconded by Commissioner Hawn to approve the request as submitted which consists of the following: 1. Side setback variance to allow a side setback of 18 ’ at the southeast comer of the home when 30’ is normally required and 18' currently exists. 2. Average Lakeshore setback to allow an encroachment of approximately 50’ in order to construct a pitched rood where a flat roof currently exists. 3. Hardcover variance to allow 27% hardcover in the 75-250’ zone when 25% is normally allowed and 28% currently exists. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, January 26,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available frjm the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. «NM-297t January 20.2003 fagc 1 of 7 Date Applkaiion Received: 12-17-03 Date Applicatioa Coasidered as Complete: 12-17-03 60-Day Review Period Eipires: 2-15-04 / To: From: Date: Subject: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner)^ January 15.2004 04-2970, Robert Mack, 1525 Bay Ridge Road - Side Setback, Hardcover Variances - Public Hearing Zoning District: Lot Area: Lot Width: LR - 1 A, One Family Lakeshore Residential District (2 acre min.) 0.858 acres (37,377 s.f.) 120 feet Application Summary: .Applicant requests the following variances in order to replace a flat roof with a pitched roof which raises the ceiling in the existing livin;j room, and to construct a car port at the front entrance of the home: 1. Side setback variance to allow a side setback of 18’ at the southeast comer of the home when 30' is normally required and 18’ currently exists. 2. Average Lakeshore setback to allow an encroachment of approximately 50’ in order to construct a pitched rood where a flat roof currently exists. 3. Hardcover variance to allow 27% hardcover in the 75-250’ zone when 25% is normally allowed and 28% currently exists. Staff Recommendation: Staff recommendations: 1. Approval of the side setback as the existing setback is non-conforming and no additional living space is being proposed. 2. Approval of the average lakeshore setback variance as the home was constructed in 1950 and the proposal doesn’t include any expansions. Also, the raised roof will not affect any sightlines as an existing tree line currently covers the southern property boundary. 3. Approval of the hardcover variance due to the square footage of removals being greater then the square footage of additional hardcover bringing the lot closer to conformance. Pertinent Zoning Ordinance Sections Sec. 78-305. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observ ed: «04-2970 January 20,2009 Lot Area (acre)Lot Width (feet)Front Yard (feet)Side Yard (feet)Side Yard Adjacent to Street (feet) Rear Yard (feei) | 2 200 50 30 50 50 See. 78-1279 (6). Average lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed wi^n 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-282. Lakeshore hard cover and land alteration regulations. In any LR-1 A, LR- 1B, LR-IC or LR-lC-1 district, within 75 feet of shoreline, there shall be no excavating, filling, hard cover, temporaiy or permanent structures except as permitted under section 78-281 . Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 feet to 500 feet of the shoreline, there shall be no greater than 30 percent hard cover. Within 500 feet to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover. Lbt of Exhibits Exhibit A - Application Exhibit B - Applicant’s Narrative Exhibit C - Existing and Proposed Survey Exhibit D - Survey Showing Removals/Additions of Hardcover Exhibit E - Hardcover Calculations E.\hibit F - Aerial Photo Showing Average Lakeshore Setback Exhibit G - Elevation of New Pitched Roof Exhibit H - Proposed Roof Line Exhibit I - South Side Elevation of New Pitched Roof Exhibit J - Site Plan of Proposed Car Port Exhibit K - Elevation Showing Proposed Car Port Exhibit L - Photographs Exhibit M - Property Owners List Exhibit N - Plat Map 1 #04-2970 January 20,2003 Page 3 of 7 Bickgrouod The applicant started a renovation on the interior of the house when the City’s Building Inspector discovered a permit had not been issued for the work. At that time the applicant submitted the materials needed in order to receive a building permit. Upon review of the plans by the City’s Building Official it was discovered that the convereion of the flat roof, at the southeastern comer of the lot, to a pitched roof required a variance due to the existing non-conforming side yard setback. During conversations with Planning Department staff it was then discovered that the applicant was planning a car port, hardcover was non-conforming and that an average lakeshore setback variance would also be required. The applicant then submitted all required materials for a variance review. LOT ANALYSIS WORSHEET Lot Area/Width; LR>1A Lot Area Lot Width Required 87,120 s.f. (2 acres)200’ Actual 37,377 s.f. (0.858 acres)123’ LR-IA Required Existing Proposed Front n/a n/a n/a Rear (street)50 ’207’207’ Left Side 30’12’ (SW comer) 18 ’ (SE comer) 12’(SW comer) 18 ’ (SE comer) Right Side 30’19 ’19 ’ Lakeshore 75 ’128 ’(deck) 130 ’ (house) 128 ’(deck) 130 ’ (house) Average Lakeshore 180 ’128 ’(deck) 130 ’ (house)130 ’ (house) Structural Coverage: Total Lot Area _ .P Total Structural Coverage 37,377 s.f (0.858 acres)Allowed: 5,607 s.f (15%) Proposed: 3,501 s.f (9%) iriMatiadiiilir i WM-2970 January 20,2003 Pag* 4 of? Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 9,180 s.f 0 s.f 0 s.f*0 s.f. (0%)(0%)(0%) 75 - 250 21,060 s.f.5,265 s.f.5.965 s.f*5,785 s.f (25%)(28%)(27%) 250 - 500 15,160 s.f 4,548 s.f.2,960 s.f*2,960 s.f (30%)(19.5%)(19.5%) After exclusion of fabric or plastic-lined landscape beds Side V'ard Setback Variance The applicant is proposing to change a flat roof to a pitched roof, including raising the ceiling, at the southeastern comer of the home. The height increase, from the top of the current roof to the pitch of the new roof, will be approximately 11 ’. The current setback in this location is 18 ’ when 30’ is required by the Zoning District. No footprint expansion is proposed. Average Lakeshore Setback Variance The applicant's home was constructed in 1950 in the location indicated on the survey. All City records indicate that the home all City codes in effect at that time. Because the proposal involves additional structure, and the home no longer meets the average lakeshore setback of approximately 180', a variance is required. Hardcover Variance The proposed roof change will not increase hardcover on the property, however the proposed car port will move around the hardcover somewhat. The existing property meets hardcover requirements in the 0-75’ and 250-500' zones, but is non-conforming in the 75-250 ’ zone where 28% (5,965 s.f) currently exists causing the need for a hardcover variance. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering appiications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when it Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. i •1 f ^at tr Mimrii itii i -____ 1 M4-2970 January 20,2003 Pages of 7 Staff finds that there are convincing hardships to recommend approval of the side setback variance. The applicant isn’t proposing to increase the footprint but merely to add height, not additional living space, to this comer of the home. The visual effects of the new, raised roof only add approximately 5’ to the overall height of the home. It is also worth noting that the setback at the southw estern comer of the home is 12 feet further lessening any impacts to the neighbor to the south. Staff finds that a hardship exists because additional living space isn’t proposed, the height increases are minimal when compared to the entire home, and the existing setback is non-conforming. Staff would also conclude that a hardship exists to allow approval of the average lakeshore setback variance. The hardship arose when the lot to the south, 2050 Shoreline Drive, was built in 1989 in a location that now places the applicant ’s property in front of the average lakeshore setback line. The characteristics of the two lots are quite different in that the applicant ’s property is accessed from Bay Ridge Road and the rear of the home faces the lake and Shoreline Drive. Also, the applicant s property is exuemely screened from Shoreline Drive, whereas the property to the south, most affected by the average lakeshore setback, is accessed off Shoreline Drive and the front of the home faces the lake. The applicant ’s proposal to change the roof line doesn’t affect any views this property has to the lake due to the following; the view lines point extremely northeast, the property to the south has approximately 250’ of view able lakeshore, and a significant tree line sits along the applicant ’s southern and lake propert> boundary further hindering any views the southern lot may have. Because of these factors staff finds that convincing hardships exist which warrant variance approval. Finally, staff w ould also recommend approval of the proposed hardcover variance. The applicant is proposing a car port on the western side of the home, which has potential to affect the existing hardcover. How ever, with the addition of the car port the applicant has proposed to remove approximately 379 s.f. of driveway and sidewalk. The car port, 22 ’ x 24 ’ is size, will be placed over e.xisling driveway causbg an increase of 208 s.f. of hardcover. With 379 s.f. proposed for removal and 208 s.f. proposed new hardcover, a net decrease of 180 square feet of hardcover is the result (see Exhibit D). Because post construction hardcover will be lower than existing conditions, staff would recommend approval as the applicant has made a good faith effort towards reducing hardcover on the property. Staff would make the following recommendations in regards to the criteria for “undue hardship ” pertinent to this application: 1.“The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Became the property is non-conforming with respect to hardcover, side setbacks, and average lakeshore setback, any improvement to the property beyond interior remodeling w ould require a variance. 2. “The plight of the landowner is due to circumsunces unique to his property not 3. 4. 5. 6. 7. 8 9. II. MM-2970 January 20,200J Page Oof 7 created by the landowner.' Without the landow ner doing anything to his property, hardships are inherent due to the house being constructed in 1950, the new construction of the house to the south, and the level of existing hardcover. “The variance, if granted, will not alter the essential character of the locality.” Should the variances be granted the essential character of the locality would not be affected. If anything, the applicant s property has the least visual effects from the lake than many of the homes along Bay Ridge Road "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” Not applicable "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.* Not applicable "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.” All the uses proposed are uses allowed by Chapter 78 of the City Code. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” Not applicable "The special conditions applying to the sUucture or land in question are peculiar to such property or immediately adjoining property.” The special conditions arise due to the age of the existing structure and the new construction of the home to the south "The conditions do not apply generally to other land or structures in the district in which said land is located.* It is of staffs opinion that his criterion is met. “The granting of the application is necessary for the preserv ation and enjoyment of a substantial property right of the applicant." The proposed variances are required should the applicant want to pursue any improvements to the home beyond an interior remodel, regardless if the footprint is changed. “The granting of the proposed variance will not in any w ay impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning 1 I -i iJ J B IK #04-2970 Jaanary M, 200 fage7#r7 Code." It is of staff's opinion that this criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” Granting of the variances will alleviate hardships inherent to the property. Issues for Coasideration 1. Is there adequate screening to the property to the south? 2. .Are any lake views obstructed? 3. Has the applicant made a good faith effort to reduce hardcover? 4. .Are there any other issues or concerns with this application? Staff Recommendation Approval of the following: 1. Side setback variance to allow a side setback of 18' at the southeast comer of the home when 30 ’ is normally required and 18’ currently exists. 2.Average Lakeshore setback to allow an encroachment of approximately 50 ’ in order to constmet a pitched rood where a flat roof currently exists. 3. Hardcover variance to allow 27% hardcover in the 75-250 ’ zone when 25% is normally allowed and 28% currently exists. 1 EXHIBIT A Application §_ Date Received Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($30.00 per each additional variance) Renewal Variance Fee SI30.00 (no change from original application) Variance for non>conforming structures $230.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address jMY Property Identification Number (P.I.D.) ! a ^ lUi s/i? ^ Attach legal description to application if not included on required survey. Date Property Acquired ________ OKo/Jo, (month/’>ear) I (0) (do not) also own the adjacent parcels of land. Present use of property: residential ___pother (specify) Zoning District: ~ />4-________________________ APPLICANT Name fjah Address:^SucUAMM ST. AL£. City; ^PLS. MtJ. Zib: Phone (home ) 6f 3.- Phone (xvork) OW'NER (if different than applicant) Name ___________________ Phone (home). Phone (work) Address:City:,Zb; DESCRIPTION OF REQUEST Estimated Constmetion Cost S ^ Describe request m detail: C.okrrl>Ot^r A jn^kJ *1 ^l/£A A ^XlPnAlC Sf‘E ATAcM^O LbTTk^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front X Side Hardcover Rear Lot Coverage Other (specify) Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conaitions preventing compliance with Zoning Code requirements: 5£6 Arr]f(^tt£.n (attach additional sheets if#2970 REQUIRED SUB^UTTALS 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Fonn *50’* *»*>e*s and plat map (you must Gorc?nterMW9lS? ^'" Certificate of Sur*^ (sigoed by a licensed surveyor) and include hardcover •" “) ~P>- f- Topographic su^ey (existing and proposed elevations) if any changes in existing erade sLchTofnlJllnT’IT"*' xir (or Reproduction.Sketches or plaM of noor & elevation views (provide one (1) copy 8'/,“ x 11") List of the lepl names (include marital status) of all persons s\ith an interest in th- property^ This would include name(s) of applicant(s) if not ciwent owner(s) ^.uwifhtufi'::i “ofts ‘‘Sr^^^^ Additional items as may be requested by City staff. The Applicant and Property Owner must sien this application Please remen,k. »k » vaii4iiw is gpt ^pmpietf if the above h,, ^ APPLICANT’S SIGNATURE ^e applicant hereby agrees to provide all information required or requested by the Zomn. Admimstrator. agrees to pay additional fees (staff time not covered by consultant expenses incurred in review of this aonlication an^t Lnr^ 1 fee pa>Tnent) and or supplied is true and correct to the best of his/her iSiowledge. * information Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authori^^s «.asnnaKi. SbcTfor'’u **«"'». Commission mcmb^,s ^7“ZeUmembers for purposes of investigation and verification of this request. P. 9yy^L Date _/ Meetinr r CommissionAnnii^^' » CoiTimission Meetings are held on the third Mondav of each month cJJlen° *ifT** *’**”’**”* ■* *“ «heduled revlesv meetings of the Planning Commlssfoo and Council. If an applicant is unable to anend a scheduled meeting, please ma.ke arraniements to ch ‘I^Arto?r.heS„^ Ws 77 -•’kJ970 EXHIBIT B D*c«nb«r 3* 2003 Orono Planning Commission City of Orono 2750 Rsllsy Parkway Orono, MN 55356 REt Variance Application Convert a flat roof to a pitched roof over the living room. Robert P. Mack Owner 1525 Bayridge Road Planning Comissionersi Robert P. Mack, the property owner is submitting this application As you consider this application please consider the following points I 1. The property is a four bedroom home. Currently there is a flat roof over the living room. The flat roof is currently leaking and appears to have been leaking for quite some time.. I am proposing to raise the ceiling and construct a pitched roof. 2. The new pitched roof would follow the existing walls of the living room with no increase to the total square foot area. 3. My goal is to correct a bad water leaking situation which has damaged the ceiling and walls. I am requesting to be on the January 20th agenda. I would very much appreciate your consideration of this matter and look forward to working with the City Staff to facilitate a successful project. Regards, P, Robert F. Mack Owner #2970 u H CERiriCATE OF SURVEY FOR ROBERT MACK OF TRACTS I * J. R.L.S. NO. 192 HENNEPIN COUNTY, MINNESOTA ■m T LEGAL OeSCIWTION Of PREIASCS: roclt I ond J. Hinntpin County Tracts I ond J. Rfoistsrtd Land Survty Na 192« fits of Rogislror of TiUss. ‘ . Imttoto This survty shoos tht boitidarits of the dbovt descriitd properly, the locotion of on eusliiis house, deck ond drivtooy Ihertorv ond the proposed locotion of o proposed corport. It does not p(#porl to show any other improvements or encroochments. o Iron morkiw AMO Aidiciol landmark Oeorinss shown ore bosed upon on ossiened dotum GROINBERG k ASSOCIATES. INC. oqns U^tmo .ees NOUN itiov fiM. umb umi . lei sms ei2-4rj-4i4i ftt « * WAV \wmmmm mm nrr. 1t/MW > • I'- • • « • W • * W ' f HENNEPIN COUNTY, MINNESOTA akaiY^is o boa N •T4r21* C 32067 •Mawr«d 32026 lU NO 162 S S to H iMWtP *-0 B l\MU)C0t6f- ^ AD06P LEGAL DESCRPTK)^ OT PHE.SES: ^ Troct6 I ond J. R«gi6t6red Land Survey No. 192, files of Regislror of Titles, Hennepin County. Vlnnesota This survey shows the boundaries of the obove described property, the location of on existing house, deck and d'ivewoy thereon, and the proposed iocotion of o proposed carport. It does not purport to show ony other improvements or encroochments. 0 Iron mo'ker JLMe Judicial landmark Bearings shown tve based upon on assumed dotum .i SETBACK ZONE: (CIRCLE ONE) X ^ T, f2.LS EXHIBITE---------- HARDCOVER jL^^CI jLA'I'IUN WUKKbiIbbI'CE2£> /Z^/Z*03 75-250'250-500’500-1000' EXISTING HARDCO\TER IN ZONE A. House « •Lcfifih Width X X X w w B. Caraje * C. ‘ Driveway X X D. Sidewalk X X E. Patio/Oeck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ----WiSiS^ A- --------5B 9/S0 X IQQ . PROPOSED HARDCOVER IN ZQNK^^ CW. 4^. /A/MPt/fMfA^rf. A. House Lcnfih Width X X X • a B. Garage C. Driveway X X D. Sidewalk E. Patio/Deck X X F.' Landscape Underlain By Plastic Of Fabric \ X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • ^________ + B .. X 100 - S.F. S.F. S.F. S.F. • t. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.h* « •* S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F, S.F. S.F. S.F, S.F, S.F. S.F. S.F. S.F; S.F. S.F. •. » A B OJ S.F. S.F. % A B HARDCO. SETBACK ZONE; (CtRCLE ONE) 0-7J‘ EXISTING HARDCQ^TR IN ZONT A. House •_____________X 5'A^^’l>EAiiUawuKKiH±,fcl Qs-2560 250-SOO* 500.1000 /2-/Z * •LBfifih X X X • • B. Carafe * C. * Driveway X X D. SidewiIJc X X E. Paiio/Deck X • X F. Landscape Underlain By Plastic Or Fabric X . X X 0. Other •* PROPOSED HARDCOVER IN 7r>yj]:; A. House _____________ Lcnfih X X rjM0 mMT X B. Carafe_________x• A C. Driveway 7(€MO^l_££^i4tAt x D_. Sidewalk Jt£^u^£_r*£fMtK x _________________X E. Patio/Deck X X • • F. Landscape _ Underlain ^ By Plastic Of Fabric X X X width S C S.F. S.F. • S.F. • e. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.• *• S.F. total hardcover in zone TOTAL PROPERTY AREA IN ZONE . ___S9fS + B Ai/a^ S.F. £U£. X 100 _ z/asa> Ji3. S.F. S.F. % A B widm S.F. TS39 S.F. S.F. S.F. & S.F. S.F. S.F. ■-79 S.F. S.F. .1 S.F. S.F. S.F. S.F« . S.F. — C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B S.F. X100 • • • • I _ii Mack, SETBACK ZONE: (CIRCLE ONE) 0-7S’ hardcover CALCLLA'llOiN WUKK xhkk i' EXISTING HARDCO\TR IN ZONE A. House •X Lcnfth X X X B. Carafe - C. ’ Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A- -T B PROPOSED HARDCOVER IN ZONE A. House _____________ X Lcnfth X X • • B. Carafe C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Of Fabric X X X C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ________ B ...•.ija 75-250’500-1000' tSt^o X too /<c/ X100 - 14 S.F. S.F. S.F. • S.F. • t. S.F. S.F. ■ S.F." S.F. S.F. S.F. S.F. S.F. S.F. S.F.• « S.F. S.F. _S.F. 2 % B C S.F. -S.F. S.F. S.F. u- • » S.F. S.F. S.F. ( • m S.F. S.F. t «• / S.F. S.F. j S.F. S.Fi . S.F. S.F. -S.F. ”S.F. 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S' N !□ 1^ .vf: LUi 11 0^- -D no [i l^:[ i: I r^fn ^ lAiM [r n 101172)110002 niOrAOOR 31 AOOMSSUNASSIGNEO OWNEKNAMB HBNNerMCOReOIOIIALMAinH TAXPAVBR IIENNEnNCOneaiONALMAIini NAMB^ADM 4l7S1MtTNf320 MMNEATOUSMN SS40I 31 101172)340000 PROTAODR ISI) aAVMOOERO OWNERNAMB KENNETH A VOUNOBERG TAXRAVER KENNETH A VOUNOBERG NAME/AOOR ISDBAVRHXIERO WAYZATAMN SS30I 31 101172)340010 MOE AODR 31 ADDRESS UNASSIGNED OWNERNAME DEBONIAEDONI TAXTAVER BRUCEEBPATRICUDONI NAMEMDOR 30Se»K>REUNEDR WAYZATAMN 33391 i-m HENNEPIN COUNTY PROP. INFORMATION SYSTEM PROPERTY OWNERS LIST EMlE:t 31 101172)330006 EROEADDR 2203 NORTH SHORE DR OWNERNAME ROBERT I KARON TRUSTEE TAXPAYER ROBERT I KARON TRUSTEE NAMEMDOR ITOOEIEfiRJAPERAVTOWER 2229THSTS MINNEAPOLIS MN 33402 31 1011723)40007 EROEADDR 1301 BAYRIDOBRO OWNERNAME EDWRIEITBBKWUXETTE TAXPAYER DAVID WIUBm NAMEMDDR 1301 BAY RIDQERO WAVZATA MN 33391 38 1011723340009 EROEADDR 1323 BAVRIDGERO OWNERNAME REMACKBAMMACK TAXPAYER ROBERT E MACK NAMEIADOR 1323 BAY RIDGE RO WAYZATAMN 33391 38 1011723)40014 EROEADDR 20S0 SHORELINE DR OWNERNAME BEBONIBEBONI TAXPAYER BRUCE EBEATRXrU BOM NAME/ADOR 3030 SHORELINE DR WAYZATAMN .3391 38 131172)220001 EROEADDR 2163 NORTH SHORE DR OWNERNAME WALTER M RINGER JR ETAL TAXPAYER WALTER M RINGER JR NAME/AOOR 3334 EARKOALB OR 0)00 STLOUBEARKMN 33416 38 1011723)30002 EROEADDR 2263 NORTH SHORE DR OWNERNAME KINGSLEY^UREHYJR TAXPAYER KINOSLEYII^UREHVJR NAME/AOOR 2263 NORTH SHORE OR WAYZATAMN 33391 I CERTIFY THAT THE FACTS REPRESENTED ARB AN ACCURATE AND TRUE REPRESENTATION OP INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OFMY KNOWLEDGE ANDBEUEF. _ DATE by *• . hlf 970 >. • # ■ H fcXHIBI Hennepin rr*vt Hennepin (^UrfM Taxpayer Services Dem -: : vyfcv- ■:• ?| Steii. ..v:g :‘r • ?>;r, Parcel Information Pare«l ID 1011723340^r<^ Housa Numbar 1828 : iS: Straat Nama BAY RIDOB nP'^ 7Ks Is not 9 hgalty nconM mtp. H npmtniB 9 end datt ibm City. Couniy. end State load. COIIMnil MFETING Date Applkation Received: 12-17-03 Date ApplicatioB Considered as Complete: l-6>04 60-Day Review Period Eipires: 3*6-04 JAN 2 6 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: January 26,2004 Item No.: ^ Department Approval: Name: Janice Gundlach^^ Administrator Approval:Agenda Section: Zoning Title: City Planner Item Description: #04-2975, Reverend Loren D. Davis, Pastor on behalf of the Good Shepard Lutheran Church. 3745 Shoreline Drive - Conditional Use Permit Amendment - Resolution Zaning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District (Vi acre minimum) 4.834 acres (210,567 s.f.) 318 feet List of Exhibits .A - Resolution per Planning Commission Recommendation B - PC Action Notice 1-22-04 C - PC Memo and Exhibits of 1-14-04 Application Summary: Applicant requests a conditional use permit amendment in order to change the roof smicture from flat to pitched on the existing classroom portion of the church. Planning Commission Recommendation Appro\aI of the plans as submitted consistent with staffs recommendation on a unanimous vote of 6-0. Staff Recommendation Appro\ al per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a conditional use permit amendment for 3745 Shoreline Drive. i__ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AMENDMENT IN ACCORDANCE WITH MUNICIPAL ZONING CODE SECTION 78-348 (3> FILE NO. 04-2975 WHEREAS, Good Shepard Lutheran Church, (hereinafter "the applicant ”) is the owner of the property located at 3745 Shoreline Drive within the City of Orono (hereinafter the "City”) and legally described as follows: Lot 5, Block 7, Townsite of Langdon Piu^k, Hennepin County, Minnesota (hereinafter the "property ”); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit amendment in accordance with Orono Municipal Zoning Code Section 78-348 (3) in order to change the roof structure from flat to pitched on the existing classroom portion of the church. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 'y This application was reviewed as Zoning File #04-2975. The property is located in the LR - 1C zoning district, which requires a minimum lot area of '/i acre. The applicant's property is 4.834 acres. 3.The Planning Conunission reviewed this application at a public hearing held on January 20. 2004 and recommended approval of the conditional use permit amendment based on the following findings: a. The proposal meets all requirements established by the Zoning Ordinance. Page 1 of 5 I I 4 1 i 4. 5. 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 conditional use permit amendment on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit amendment would not adversely affect traffic conditions, light, air nor pose a fire hazar.d or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difllculty; is necessary to preserce a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CO.NDITIONS Based upon one or m re of the abo\ e findings, the Orono City Council hereby grants a conditional use permit amendment in accordance w ith Orono Municipal Zoning Code Section 78-348 (3) in order to change the roof structure from flat to pitched on the existing classroom portion of the church, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one >ear of the date of Council appro\al. or the conditional use permit amendment wiil expire on that date (January 26. 2005). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors Page 2 of 5 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 26*** day of Januar>-, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of S STATE OF MtNNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2004 by Barbara A. Peterson, Mayor of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 i State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Reverend Loren D. Davis. Pastor. day of ,2004 Notary Public Page S of S EXHIBIT A OI^I^TOfD[§^ Fori Good Sbopoxd lathona Church 3749 SheroUno Sriro (Co. Rd. #15) Vayxatu, fUmitaotA. 33391 CO. JIOAP’^/S j>Z> SF iy^MEvr Surveyor: Cilbort J. Boooko 4401 Crmvford Road Bo^ciaSf Kinnosota. Fhont: 93S-2887 Roaeriptie&: Lot 3, Block 7 Tcwnslto of Laacden Park. Sealoi 1”«100' o Senetos I.?. TO ^ fiTCWfcO I horoby certify that thla aurvoy vaa Froparod by no or under ny direct auper- vision and that I an a duly Rcgiatered Land Surveyor under the lava of the State of Minneaota. ^I Date: Noveaber 26. 1986. B*(i*tntlon Bnab*r 1379i CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING RLE: 04-2975 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 22,2004 TO:Reverend Loren O. Davis, Pastor Good Shepard Lutheran Church 3745 Shoreline Drive Wayzata, MN 55391 COPIES: TYPE OF APPLICATION:Conditional Use Permit Amendment DATE OF MEETING: January 20,2004 Planning Commission recommended as follows: Motion by Commissioner Hawn, seconded by Commissioner Mabusth to approve the plans as submitted. VOTE:FOR AGAINST Applicant ’s ne.xt scheduled meeting is confirmed as: City Council - Monday, January 26,2004; meeting starts at 7:00 p.m. If you desire certifled copies of the oflicial Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-749-4623. i-. laniaiiiii ltBaa*i>iwtin*—-------*- r MM-297S JtDHary 20,2004 Pagt 1 of3 Date Application Received: 12-17-03 Date Applicatioa Considered as Complete: 1-6-04 60-Day Review Period Expires: 3-6-04 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From:Janice Gundlach, City Planner Date:January 14,2004 Subject:04-2975, Reverend Loren D. Davis, Pastor, 3745 Shoreline Drive - Conditional Use Permit Amendment - Public Hearing Zoning Dbtrict: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District (1/2 min.) 4.834 acre (210,567 s.f.) 318 feel Application Summary: Applicant requests a conditional use permit amendment in order to change the roof structure from flat to pitched on the existing classroom portion of the church. Staff Recommendation: Staff recommends approval of the submitted plans as they meet all Zoning Ordinance requirements. Pertinent Zoning Ordinance Sections Section 78-348 (3): Conditional Uses. Churches, including those related structures located on the same site which are an integral part of the church proper, and convmts or homes for persons related to a religious function on the same site, provided no building other than a residence shall be located within 50 feet of any lot line of an abutting lot in an R district. Section 78-350 (a): Height. No structure or building in an LR - 1C district shall exceed 2 Vi stories or 30 feet in height except as provided in section 78-1366. List of Exhibits Exhibit A - Application E.\hibit B - Applicant’s Narrative Exhibit C - Existing and Proposed Survey Exhibit D - Truss Plans Exhibit E - Perspective Drawing Exhibit F - Property’s Owners List • Exhibit G - Plat Map O * k ' ^ I i MM-297S January 20,2004 Pa|t2of3 Background The Good Shepherd Lutheran Church received their original conditional use permit in early 1970. Because churches are conditional uses in residential zones, any modification to the building envelope requires an amendment to tlie conditional use permit. The church is proposing to change a flat roof to a pitched roof to create additional space in the classroom portion of the building, and has applied to amend their conditional use permit in order to receive building permit approval. LOT ANALYSIS WORKSHEET Lot Area/Width : LR-IC Lot Area Lot Width Required 21,780s.f. (0.5 acres)100’ Actual 210,567 s.f. (4.834 acres)318 ’ Setbacks: LR-IC Required Existing Proposed Front 30’140’140’ Rear 30’430’430’ Left Side 50’59’59’ Right Side 10’75’75’ Structural Coverage: According to section 78-1403 of the Zoning Ordinance only lots 1.99 acres or smaller are subject to structural coverage requirements. The applicant ’s property is in excess of 4 acres and therefore not subject to structural coverage requirements. Hardcover Calculations: Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 500- 1000 ^ A m m 210,567 s.f. A * # 73,698.5 s.f (35%) A A ^ _ 36,500 s.f.* (17%) 36,500 s.f (17%) * After exclusion of fabric or plastic-!.<ned landscape beds ?! MM-297S Ja«uiry2a«2004 Piff JofJ Conditional Use Permit Analysb The only requirement of conditional uses for religious institutions, beyond those required by the zoning district, is a 50’ setback from any residential property. Residential property exists to the west where the church currently maintains a 59’ setback. The actual roof change takes place at the most southern part of the building further lessening any potential impacts to neighboring properties. Religious institutions are subject to the 30 ’ height requirement with exceptions for church spries, belfries, cupolas, monuments, ect. as noted in section 78-1366. The proposed roof change will maintain the 30 ’ requirement for all structures. It is also worth noting that other portions of the church are higher than 30 ’ making the roof change less apparent. Finally, the proposal meets all other zoning district requirements with respect to setbacks and haidcover as discussed earlier in this report. Issues for Consideration 1. Are there any negative impacts to surrounding residential properties? 2. Are there any other bsues or concerns with this application? Staff Recommendation Approval of the plans as submitted. r EXHIBIT A Application # Date Received /^.//7/^3~ Amount Paid d .OO CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed f Property Identification Number (P.I.D.) APPLICANT Name_ Address PLICANT^ i \ \ J> fhome^ Name /> Phone (work) 2 -^7/- ji^f3 ' City ______________Zip Address ____Zip 5 % f Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application ______ S250.00 Residential Accessoiy Use _ S250.00 Institutional (church, school, etc.) _ S250.00 Guest House/Guest Apartments _ S250.00 Duplex Credit/Bldg _ S32S.00 ConunerciaLlndustrial Use _ $250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75’ of lakeshore PRD/PID • see Fee Schedule 5150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____ 5275.00 Commercial Site Plan Review (+ consultant fees) _____ 5300.00 Vacation _____$250.00 Easement Vacation _____ 5100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) 5375.00 Comprehensive Plan Amendment 5100.00 App^s Other - see Fee Schedule . f 1. i ■12 ■^1 i 2. required submittals * ------Completed Application Fonn. ------Describe request in detail. must oblataihnist?lS . A-603, Government CenterXi^S-fliT^tj^- ^“^unty I^artment Financ^4. information. _ Attach legal description to application if not . _ Topographic survey (eaistiuV and rrr-,?cd .? changes in elevation (grades). ^ ntours) if land alterations involve _ List of the legal names (include marita: stanis^ or aii property. This would include name(s) cf *" *" _ Construction plan, if appUcable (see^Lr ^ owner(s). As m. addendum to Ms pmons you w ish notified of this applictdon * * s«parate list of any other 7. %r%. 9. v^rr— submitted.) " ®T all documents, plans, etc. to be applicationTlo “om^’ent^Lr^^ "““"bpr that your Ss”'f Clr^^aTsTsS' « complete. ■—---------------------------------___ Date APPLICaW'S SIGNATURE AdmifUstrator, agreed t!fpay IddSaUcK "quoted by the Zoning and/or unusual e.xpenses incurred in review of this z-'niicaH^^ covered by original fee payment) supplied is true and correct to the best of his/her tocxlin ’ information ^—Af/ Date ^ AA-^y/rOWNER'S SIGNATURE ^ ^ ^ ^ s. ^ The owner hereby acknowledges and agrees to th;< r • ^ enhy onto the property by City staff.'consuli^is MeIS°? a“*orized reasonable members for purposes of investigation and verificatio.-'of ^'s members, and Council owner's signature ^ Le iZ^/n/,^ . . iP. /^JSZ7"^75— —■Applicant must have all subtnmab into the City "« on the Monday Commission Meeting. "*,'“** ** **'*“^* Commission^ C«^ Sr AppUcami must be pmem at allKheduled meeting, please make anangements to have an “ Wlicint is unable to attend a Buildmg A Zoning Office of this change prior to di^neeting » your place and advise the #2975 i exhibit b _ Good Shepherd ^ Lutheran Church 3745 SHORELINE DRIVE. WAYZATA. MINNESOTA 55391 LOREN 0 DAVIS. PASTOR PHONE 471-0433 December 17.2003 APPLICATION FOR CONDITIONAL USE PERMIT FOR THE REPLACEMENT OF THE ROOF ON THE 1959 SECTION OF THE CHURCH Our request is to replace the roof on the original (1959) portion of our Good Shepherd Lutheran Church building. The existing structure has a flat roo^ and our request is to r^Iace it with a pitched roof over the flat roof We will be installing engineered attic trusses. At this time, our proposal is to ingtaii 6/12 trusses. Once our contractor, Joe Nastepniak of JMN BuUders, has the drawings of the engineered trusses, he will meet with Janice and describe in detail the construction plan for the proposed project and review with her the height restrictions. The height elevation from the ground to the current flat roof is 21 feet. The hoigh* with the gabled or pitched roof will be 31 feet, or an increase of 10 feet on that portion of the building. Currently, the newer (1971 addition) portion of the budding has towers which are 20 to 25 feet higher than the existing flat roof on the original budding, or which would stdl be 10 to 15 feet higher than the height of the proposed pitched roof Tha^ you fo^our consideration of our application. A Lorart). Davis Pastor Good Shepherd Lutheran Church n #2973 EXHIBIT C isB^ToroisOTE ir imi^wevFort Coed Shopord Luthonn Church 3749 Sherollno SrlTt (Co. Rd. #1$) Wajxato, Minnosoto. 33391 Surveyor: Gilbert J. Beeekt 4401 Cruvford Road Hepkine, Kianeaota. Phone: 93^-2687 CO.MOAP’^/S Oeaerlptiee: Lot 3, Block 7 Tcvnaite of Laa<doD Park. Scale: 1"»100* o Ocnotea I.?. I hereby certify that this survey was Bropared by ne or under ay direct super vision and that I aa a duly Reciatered Land Surveyor under the lavs of the State of Minnesota. Date: Rovenber 26. 1986. RoRiatration Huaber 1^795 94 '<SJ^ 12-19 2003 FBI 11:43 Fa X 9 912 49« 9312 SCHER£?. 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O RUN DATE :I2/17/JD0) I^AlllUll t HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS MST PAGE: 1 31 1711723330007 PROP AOOR 3i00 SIIOREUNE DR OWNERNAMfi MEBREWER4DLBREWER TAXPAYER MARK E 4 BARBARA L BREWER Hmmmm JiooRiRNiiiiiNiinR WAY/.AIAMN .VVWI 38 1711723340003 PROP AIH3R 3770 SIIOREUNE DR OWNERNAME CITYOFORONO TAXPAYER CITYOFORONO NAMFMDim 1750KFIJYPKWY OMONOMN .VVI.Vi 38 1711723340042 PROPADOR JRSSLYRiCAVE OWNERNAME H4LFEUCER TAXPAYER HARLAN 4 LOLA FF.liCER NAME/ADOR 2055 LYRR* AVI WAY/ATAMN 55391 38 1711723340043 PROPADDR 3645 LYRIC AVE OWNERNAME TIIOMASHPENN TAXPAYER THOMAS II PENN NAMli/ADDR 427(UTRRI> TONKA HAY MN 55331 38 1/11/23340045 PROP ADOR 3625 LYRR* AVE OWNER NAME KAI llUiEN LI INI. TAXPAYER KATHLEEN L FINE NAME/ADOR 3625 LYRR* AVE WAY/ATAMN 5539! 38 1/1172334(8)411 PROPADDR 3615 LYRR*AVE OWNIiR NAME iTIARUH IECMCKliiY TAXPAYER Cl IARL01TE C MCKLE Y NAMI7ADDR 3615 LYRR* AVE WAY/ATAMN 55391 38 2011723120019 PROPADDR 3510 FREDERICK ST OWNERNAME LYNEWTONETALTRUSTEES TAXPAYER DRUCT: O NEW I ON NAME/ADOR 3580 PREUI RR K ST WAY/ATAMN 55391 38 2011723120020 PROP ADDR 2474 CASCO POINT RD OWNERNAME LYLE A BUERKLE ETAL TAXPAYER LYLE A OUERKLE NAME/ADOR 2474 VASCO POIN T RD WAY/^TAMN 55391 38 2011723210001 PROPADDR 2464 DUNWOOOYAVE OWNERNAME XISEPH4 MARGARET HENDERSON TAXPAYER X3SEPH 4 MARGARET HI NDI RSON NAME/ADDR 2464 DUNWOOOY AVE WAY/ATAMN 5539| 38 2011723210002 PROP ADDR 2460 DUNWOOOY AVE OWNERNAME SUSAN EMIELKE TAXPAYER SUSAN E MIELKE NAME/ADDR 2460 DUNWOOOY AVE ORONOMN 55391 38 2011723210005 PROPADOR 2470 DUNWOODVAVE OWNERNAME MARIA LUBA LUECK TAXPAYER MARIA LUBA LUECK NAME/ADOR 2470 DWWOOOY AVE WAYZATAMN 55391 38 2011723210006 PROPADDR 2466 DUNWOOOY AVE OWNERNAME MJ2ACHMAN4PRPALESCK TAXPAYER MJZACHMAN4PRPALESCH NAME/ADDR 2466 DUNWOOOY AVE WAYZATAMN 55391 38 I71I723340U04 PROP ADDR 3770 SIIOREUNE DR OWNERNAME CITYOFORONO TAXPAYER CinrOFORONO NAMP/AINIK ATTN RONAI Oi MOOHSH "OlNlXMi ( KY.SIAI IIAYMN .55323 38 1711723340044 PROPADOR 3635 LYRIC AVE OWNERNAME DEANW4MURIELLATTIN TAXPAYER dean W 4 MURIEL I^TTIN NAMI7ADDH 3035 1 YKK' AVI! WAY/.ATAMN 55391 PROP ADDR OWNER name ; TAXPAYER NAME/ADDR 38 I71I/23340U83 38 ADDRESS UNASSIGNLD LAKE MIKA WiH)DS ASSOC* LAKE MTKA WOODS ASSOC C*/0 EAGLE CRliST NOR Tl 1WS T INC POIlOX 47333 PlYMOdlllMN 55447 10 r o38 2011723120025 PROP ADDR 3585 FREDERICK ST OWNERNAME J DPUGH4 J AX3IINSON TAXPAYER J D PUGH 4 i A X3HNSON NAME/ADDR 3585 FRIIX RICK ST WAY/A IA MN 55391 38 2011723210004 PROP AOOR 2476 DUNWOOOY AVE OWNERNAME T J OGLAND ET AL SUBI/LE TAXPAYER AUDREY G OGLAND NAME/ADDR 2476 DUNWOOOY AVE WAY/ATAMN 55391 M 2011723210007 PROTADOR 3« ADDRESSUNASSIGNEO OWNERNAME lOSEPH A MARGARET HENDERSON TAXPAYER JOSEPH A MARGARET HENDERSON NAME/ADOR DUNWOODY AVE WAYZATAMN 53391 i RUNIM1E:l2r 1 31 20II72J2I00M rROTAOM M AOmtESS UNASSIONED OWNERNAME MSEFHAMARiOARETHENDERSON TAXPAYER JOSEPH A MARGARET HENDERSON NAME/AOOR 2464 DUNWOODY AVE WAYZATAMN 53)91 HENNEPIN COUNTY PROPEP PROPERTY OW, )l 201172)210010 PROPADDR 2500 CASCO POINT RO OWNERNAME IRIAFPAURUS TAXPAYER IRIA F PAURUS NAME/ADDR 2500 CASCO POINT RD WAYZATAMN 55)91 NFORMATION SYSTEM .LIST PAGE: 2 )l 201172)210014 PROP AODR 25)0 CASCO POINT RO OWNERNAME TCHALUPSKYAOYCIIAUiPSKY TAXPAYER T CHALUPSKY A DYCHALUPSKY NAME/ADOR 23)0 CASCO POINT RD WAYZATAMN 55)91 )l 201172)210013 PAOPAOOR 2521 CASCO POINT RD OWNERNAME MARIEASVANG TAXPAYER MARIE A SVANQ NAME/ADDR 2521 CASCO POINT RO WAYZATAMN 55)91 M 201172)210011 PROPADDR 24A» DUNWOODY AVE OWNERNAME CALVARY MEMORIAL CHURCH TAXPAYER CALVARY MEMORIAL CHURCH NAME/AOOR 2420 DUNWOODY AVE WAYZATAMN 55)91 )• 201172)210021 PROPADDR 2340 DUNWOODY AVE OWNERNAME LEAENOROARDTRUSTEE TAXPAYER LEA E NOROARD NAME/AOOR 2540 DUNWOODY AVE WAYZATAMN 55)91 )• 201172)210024 PROPADDR 25W DUNWOODY AVE OWNERNAME JAONAFUS TAXPAYER GAIL M NAFUS NAME/AOm 2500 DUNWOODY AVE WAYZATAMN 55)91 )l 201172)210029 PROTAUM )M7 IHOREUNE DR OWNERNAME STEVAN J A DEBRA J WAOiER TAXPAYER STBVANJ A DEBRA J WAGNER NAME/ADOR 5440MORNJNOVIEWCT M0Ura>MN 55)M M 201172)210016 PROPADDR 2510 CASCO POINT RO OWNERNAME BEVERLY ANN MORRIS TAXPAYER BEVERLY ANN MORRIS NAME/AOOR 2510 CASCO POINT RD WAYZATAMN 55)91 M 201172)210019 PROPADDR 2500 DUNWOODY AVE OWNERNAME TIMOTHY J OGLANO TAXPAYER TIMOTHY JOGUND NAME/AOOR 2300 DUNWOODY AVE WAYZAIAMN 55)91 )S 201172)210022 PROPADDR )■ ADDRESS UNASSIGNED OWNERNAME VILOFORONO TAXPAYER CmrOFORONO NAME/AIX)R PO BOX 66 CRYSTAL DAY MN 35)2) )t 201172)210025 PROPADDR )745 SHORELINE DR OWNERNAME NW ENG LUTHSYNOD TAXPAYER GOOD SHEPHERD LUTH CHURCH NAME/AOOR )743 SHORELINE DRI\ E WAYZATAMN 55)91 )l 201172)2100)) PROPADDR 3701 SHOREUNEOR OWNERNAME CASCO RUN LTD P1NRSHP TAXPAYER CASCO RUN LTD PTNRSHP NAME/ADOR POBOXI6) CRYSTAL BAY ftIN 55)2) 31 2OII7232I00I7 PROPADDR 2520 CASCO POINT RO OWNERNAME ROROCCARHSROCCA TA)(PAYER RONALD OR HOLLY S ROCCA NAME/ADDR 2520 CASCO POINT RD WAYZATAMN 55)91 38 201172)210020 PROP AODR 2320 DUNWOODY AVE OWNERNAME UNDAKONEEIZROOERTONEEL TAXPAYER LINDA KONEEL/ROUERTONEEL NAME/ADDR 2520 DUNWOODY AVE WAYZATAMN 55)91 38 201172)21002) PROPADDR 2560 DUNWOODY AVE OWNERNAME TCBRACHERRERBRACHER TAXPAYER TROY/ELIZABETH BRAOIER NAME/ADOR 2560 DUNWOODY AVE WAYZATAMN 55)91 )8 201172)210028 PROPADDR 3605 SHORELINE OR OWNERNAME N W BELL TELEPHONE CO TAXPAYER QWEST CORPORATION NAME/ADOR ATTN PROPERTY TAX 1801 CALBORNIASTt2500 DENVER CO 80202 38 201172)2100)4 PROPADDR 2590 CASCOPOBITRD OWNERNAME N)HNTRE0640NO TAXPAYER iOWITREOMONO NAME/ADOR 2693 CASCO POR4T RO ORONOMN 55)91 I (- J Oi H RUN0A1E; Un7/aU )l MII7212IOOM ntor AOM 2490 CASCO rOWTRO OWNERNAMB NCHERNeVSKAYAAlYURCHI TAXTAYER lOOR YURCHENKO NAME/AOOR NATALYA CHERNEVSKAYA 2490CASCO rOINTRD WAYZATAMN S))«l HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST it IS 201172)210037 ntOPADDR 2410 CASCO POINT RD OWNEJINAME DAVIDACANNB11IACIETAL TAXPAYER OAVIOACANNBIRACI NAME/ADDR MEGAN SMITHCANNISTRACI 2410 CASCO POINTED WAYZATAMN 55391 38 2011723210038 PROPAODR 2540 CASCO POINT RO OWNERNAME ALLENJRJUDYBSCHEEERS TAXPAYER ALLEN JR JUDY BSCHEPERS NAME/AOOR 2540CASCO PTRD WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IhTORMAIKM AS IT APPEARSTMS DATE ON THE RECORDS OFTHB HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST ^ OF MY KNOWLEDGE AND DEUEF. r- y . DATE BY Vi / // PAGE:) 1 r •J 'V- • ^" f«*»••• (; ..L N . fa]) V .p ‘*1 « '*‘•‘'01'*''’ ■* b**T .1 \f9.« ^• - 9 ft • * i3U • i30»:s;^27) 1 ,■«■■ a 10 -fi-Bm * *rr5; *7 47 •| w 1 tm •(37) 9f9 a *i (3B) a ♦W J i39i *. m ^ (40) a! »'#x1 »^s# fyjy • » "**i>"^—nW!i “njlf m I m f' ^ m [ _________»««/ mrm%rt______ ifWEfw-----rweawH tte^fSrPtAf ^ (121 * :. » f (•»V a* * ’ Ia P^J H7, 8 I 5 J if '■ 11*1 ’, ”Si "x •• / ■* ^- ... IJUT-, ^7" I *~1 (2*) It It f34) 4^ 140 * .jS.' •.a 1 - ■■- %a__^ ^ 1 • (22} *1 /f • '•» ' -ft • .40 —^^9at*CMm• ;• t* 3 h» 1. 9 ♦ • ^I*: w C'i •• Im •< ta ** a ‘.'fttj a . ■vAi*'a' >^7. V T5?T, 2 / / nmmxA CMf»«}«t (331 \Wf^ \lOr »• r i? ka STERCOVE, / wt«_________fir}p»tta __^ASCO POINTS 7 149 ;• f»iif • •/.1 I, W A ■ \ I •WINSHIP^ &JBDIVISION OF LOT f. S«WN6 PAW «•••«» «»»«•• A* M • •* CO'iMrii meeting Date Application Received: I2-I7-03 Date Application Considered as Complete: l2>17-03 60-Day Review Period Expires: 2-15-04 JAN 2 6 2004 CITY OF ORO.-VO REQUEST FOR COUNCIL ACTION Date: January 26,2004 Item No.: (j> Department Approval:Administrator Approval: Name: Janice Gundlachj'^ Title: City Planner Agenda Section: Zoning Item Description: ^04-2979, Dr. Donald Ristad & Kent Cassidy. 1005 Old Long Lake Road - Variances - Conditional Use Permit - Resolution Zoning District: Lot Area: Lot Width: RR - IB. One Family Rural Residential District (2 acre minimum) 1.523 acres (66.360 s.f.) 250 feel List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 1-22-04 C - PC Memo and E.xhibits of 1-15-04 Application Summary: Applicant requests the following in order to construct a new home to replace an existing home on an existing lot and to keep the existing pool: 1. Lot area variance to allow a home to be constructed on a 1.523 acre lot when 2.0 acres is normally required. 2. Conditional use permit to allow an e.xisting pool to remain on a through lot. 3. Variance to allow the existing pool to encroach into the 50' setback for Highway 12. Planning Commission Recommendation Approval consistent w ith the follow ing staff recommendation on a unanimous vote of 6-0: 1. 2. 3. Approval of the lot area variance as the proposed house meets all Zoning Ordinance requirements and the lot is a legal lot of record. Approv al of a conditional use permit to allow the pool to remain on a through lot. Approval of a variance to allow the existing pool to be setback 28' from Highway 12 when 50’ is required as the pool has existed since 1978. the City has never received any complaints regarding and, and it's sufficiently screened from Highway 12. ; i ; i I Staff RccommcBdation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot area variance and a conditional use permit with variance for 1005 Old Long Lake Road. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78^20 (B) AND A CONDITIONAL USE PERMIT ACCORDING TO SECTION 78-1431 INCLUDING A VARIANCE TO SECTION 78-1. FILE NO. 04-2979 ^ HEREAS, Dr. Donald A. Ristad and Kent E. Cassidy, (hereinafter “the applicants") are the owners of the property located at 1005 Old Long Lake Road w ithin the City of Orono (hereinafter the “City") and legally described as follows: The east 250.00 feet of that part of Government Lot 4, Section 35, Township 118 North, Range 23 West. Hennepin County, Minnesota, which lies south of Long Lake Road and north of U.S. Highway No. 12. (hereinafter the “property”); and WHEREAS* the applicants have made application to the City of Orono for a variance and conditional use permit to Orono Municipal Zoning Code Sections 78- 420 (B), 78-1431 and 78-1 to allow a lot area variance so that a new residence to replace an existing residence can be constructed on a lot 1.523 acres in size when 2.0 acres is normally required, a conditional use permit so that an existing pool can remain on a through lot, and a variance so the pool can encroach into the 50' setback for Highway 12. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2979. 2.The property is located in the RR - IB zoning district, which requires a minimum lot area of 2.0 acres. The applicant’s property is 1.523 acres. Page 1 of 5 >1 . 1 CUP .■.yo.' i 3. 4. 5. The Planning Commission reviewed this application at a public hearing held on Januar>' 20, 2004 and recommended approval of the variances and conditional use permit based on the following Findings; a. The proposed house meets all Zoning Ordinance requirements. The property is sewered. b. The lot is a legal lot of record, and a residence has existed on the property for many years. c. The pool has existed in its current location since 1978. d. The City has never received any complaints regarding the pool. The City Council has considered this application including the findings and recommendatio.n of the Planning Commission, reports by City staff, comments by the applicants and the public, and the elTect of the proposed variance and conditional use permit on the health, safety and welfare of the communitv. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or dilTiculty; is necessary to preser\e 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. CONCLl'SIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance and conditional use permit to Orono Municipal Zoning Code Sections 78-420 (B), 78-1431 and 78-1 to allow a lot area variance so ^at a new residence can be constructed on a lot 1.523 acres in size when 2.0 acres is normally required, a conditional use permit so that an existing pool can remain on a through lot. and a variance so the pool can encroach into the 50* setback for Highway 12. subject to the following conditions: Page 2 of 5 A 1.Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which 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 applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (January 26,2005). 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 applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants* heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26*** day of January, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of S STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minr sota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this by Dr. Donald A. Ristad. day of .,2004 Notary Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this by Kent H. Cassidy. day of .2004 Notary Public Page 5 of 5 M ! - PgSCRlPTIQW or SUflXCT PWQPTRTY (At tuppli#d Cl»«n|) Tb« •ott 250.00 f««t of Ihol port of Covornmont Lot 4. Soction 35. Toonohip na North. R0090 23 Wttl. Honoopin CoyoU MWtoooto. ohich lios south of Lon^ Loko Rood ond north of U.l 12 NOILS Hig^yoy No. 1.) This survoy dots not purport to show ony gndsrground utilitits Tht contfoctor shoH dttsrmint tht osoct locotion of ony ond oM tsistin^ uliitios tMfort commonclnp wortu Tht controctor shod bt My rtsponsibit for ony ond oN domoQtt orlsing out of his folurt to sioctly locots ond protsct oH tiiflin9 utlity foclitios. 2.) Cootoct COPHCR STATE ONE CAU ot 651-454-0002 for prtcist onsit# locotion of utilitits prior to ony tico^tion. 3.) A titit opinion wos not fumishtd to tht survtyor ond no sptoific titit storch for tilsttnct or non-tilsttnct of rtcordtd or un-rtcordtd tosomtnts hot boon conductsd by tht survtyor ot port of tht survty. Arto • Cross: 06.557 Sq R. - 1.99 AcrtS Not; 60.493 Sq. Ft. - 1.39 Acrtt (loss right of 5.) Zoning ond stibock informolion os providtd by tht Plonning O^ortmtnt of tht Dty of Orono: Zoning; RR-16 (1 FomSy Rurol - 2 Acrt nUnimum) Sttbocks: n ^ I I > to ... bts«hinfc,„ iv.(tiiMtn|W4Yitnwu Tiiif^ ! ? T Houst - Front: 50 Ft Root 50 Ft Sidt: SO Ft (slrttt sidt) SIdt: 30 Ft. Corogt - 10 Ft Hordcovtr: 35% mow covtrogt if lot undtr 2 ocrts 18 0% (Propcstd houst. dtdu divtwoy. ondPropostd Hordcovtr tsisting pod) 6 ) Cltvotiono ort ossumtd I hsftby cortify thot this plon or sptcificoUon wot prtportd by mt or undtr iny dbtct suptrvition and thot I om o duly lictnstd lond survtyor undtr Hit lows of tho Stott of Minntsolo 0o«W B. Pfnbtrtco. Ucanw N».40344 A OCCMIO GRG DATE SCAU J08N0 S7SOO10 CITY OF ORONO 2750 Kelley Parkway P.O. Box M Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE: 04-2979 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 22,2004 TO;Dr. Donald Ristad & Kent Cassidy lOOS Old Long Lake Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION:V'ahances, Conditional Use Permit DATE OF MEETING: January 20,2004 Planning Commission recommended as follows: Motion by Commissioner Hawn, seconded by Commission Mabusth to improve the plans as submitted which consist of the following: 1 2. 3. Approval of the lot area variance as the proposed house meets all Zoning Ordinance requirements and the lot is a legal lot of record. Approval of a conditional use permit to allow the pool to remain cn a through lot. Approval of a variance to allow the existing pool to be setback 28* from Highway 12 when 50 ’ is required as the pool has existed since 1978, the City has never received any complaints regarding and, and it’s sufficiently screened from Highway 12. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, January’ 26,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. I MM-2979 Jaauary 20,2004 Pagt I ofi Dale Application Received: 11-17*03 Date Application Considered as Complete: 12-I7-D3 60-Day Review Period Expires: 2*15>04 To;Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Planner^ Januaiy' 15,2004 04-2979, Donald Ristad & Kent Cassidy, 1005 Old Long Lake Road - Lot Area Variance - Conditional Use Permit - Public Hearing Zoning District: Lot Area: Lot Width: RR- IB, One Family Rural Residential District (2 acre minimum) 1.523 acres (66,360 s.f.) 250 feet Appikation Summary: Applicant requests the following in order to construct a new home on an existing lot and to keep the existing pool: 1. Lot area variance to allow a home to be constructed on a 1.523 acre lot when 2.0 acres is normally required. 2. Conditional use permit to allow an existing pool to remain on a through lot. 3. Variance to allow the existing pool to encroach into the 50’ setback for Highway 12. Staff Recommendation: Staff recommendations: 1. Approval of the lot area variance as the proposed house meets all Zoning Ordinance requirements and the lot is a legal lot of record. 2. Approval of a conditional use permit to allow the pool to remain on a through lot. 3. Approval of a variance to allow the existing pool to be setback 28' from Highway 12 when 50' is required as the pool has existed since 1978, the City has never received any complaints regarding it and, it's sufficiently screened from Highway 12. Pertinent Zoning Ordinance Sections Sec. 78-420. Area, height, lot width and yard requirements. (b) Lois. The following minimum requirements shall be observed: /7 Lot Area (acres)Lot WitJih (feet)Front Yiirdlfeet)‘ Side Yard (feet) 1 Side Yard Adjacent to Street (feet) Rear Yard (feet) 2 i 200 IJO 30 50 50 Sec. 78-1431. Conditional use permit required. All accessory buildings on through lots located in R districts shall require a conditional use permit. «04-2979 JaiHary 20,20M Page 2 aft Sec. 78-1. Definitions. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a comer lot. On a through lot, both street lines shall be front lot lines for applying this chapter. List of Eibibits Exhibit A - Application Exhibit B - Applicant's Narrative Exhibit C - 1988 Sur\ey (Existing Conditions) Exhibit D - Proposed Survey Exhibit E - 1978 Survey Showing Intended Pool Location Exhibit F - House Plans Exhibit G - Property Owners List Exhibit H - Plat Map Background The applicants are proposing to tear down the existing home and rebuild a new home on the existing lot. They are also proposing to keep the existing pool. The lot is substandard in area and requires a lot area variance. Upon review of the initial plans, staff concluded that a conditional use permit and a variance to the conditional use permit would be required in order to allow the existing pool to remain. This is because the lot is considered a “through lot" due to Old Long Lake Road abutting the front and west lot lines and Highway 12 abutting the rear lot line. The applicants are proposing to use the existing access off Old Long Lake Road. No access exists to Highway 12. LOT ANALYSIS WORSHEET Lot AreaAVidth; RR-IB Lot Area Lot Width Required 87,120 s.f. (2 acres)200’ Actual 66,360 s.f. (1.523 acres)250 ’ Setbacks: RR-IB Required Existing Proposed Front 50 ’66 ’67 ’ Rear 50 ’81 ’50 ’ Left Side (west)50 ’126 ’87 ’ Right Side (east)30 ’65 ’32 ’ L M4-M79 January 20,2004 Page 3 of6 Structural Coverage; Total Lot Area Total Structural Coverage 66,360 s.f. (1.523 acres)Allowed: 9,954 s.f. (15%) Proposed: 4,445 s.f. (7%) Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 500- 1000 66,360 s.f.23,226 s.f. (35%) Unknown (uuhm allowable limits) 11,945 s.f. (18%) After exclusion of fabric or plastic-lined landscape beds Lot Area Variance The applicants are proposing to tear down the existing home and rebuild on the lot. The lot, excluding all right-of-way, is 1.523 acres in size according to Hennepin County Records. The lot is located in the RR - IB, One Family Rural Residential zoning district requiring two acres for all new construction, therefore, a lot area variance is required. Conditional Use PermitA^ariance The lot currently contains a pool. City records indicate that a pool was constructed in 1978. At that time it was overlooked that the lot was considered a “through lot” (lot lines abutting two substantially parallel streets) and a conditional use permit was never granted as required by the Zoning Ordinance. The pool was hand drawn on a 1978 survey indicating a proposed 70 ’ setback from the west lot line and a 65’ setback from Highway 12, meeting required setbacks as indicated in the “through lot” definition. However, the proposed setbacks for the pool were apparently measured from the centerline of Highway 12 and not the edge of right-of-way, and they therefore do not meet the 50 ’ required setback to Highway 12. The applicants wish to keep the pool with their rebuild, which now requires a conditional use permit for an accessory structure on a through lot and a variance to allow it to be setback 28’ from Highway 12 when 50 ’ would normally be required. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In comidering applkallons for variance, the Planning Conunlssion shall consider the effect of the proposed variance upon the health, safety and welfare of the cotnmunl^, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Conunlssion shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code. tilidiiliiuiriytfiiillifr !k tiiTi *•Ik m-2979 January 20,2004 Page 4 of 6 Staff finds a convincing hardship to allow a house to be rebuilt on the existing lot. The lot is considered a legal lot of record and can therefore, be built on without meeting the two acre minimum requirement. The proposal for the house meets all Zoning Ordinance requirements. The lot is also sewered and not subject to primar>’ and alternate septic site locations, as would nonnally be a concern with rebuild situations. Staff would recommend approval of the lot area variance as the lot is a legal lot of record. Staff would also conclude that there are hardships that could allow the existing pool to remain in its current location. The pool was approved from a site plan dated 1978 that indicated a 65’ setback from the centerline of Highway 12. The pool wasn ’t constructed in the exact location but it does meet the 65’ setback from the centerline of Highway 12. Staff believes that possible topographic challenges caused the pool to be moved from its approved location. Today ’s practice is to measure setbacks from the edge of the right-of- way putting the pool 28’ from Highway 12. Although the pool was approved with a setback from the centerline in 19"8. a permit would not be approved today for the same location. Because the pool has e.xisted since 1978 staff would conclude that the appropriate thing to do now tha; the lot is being rebuilt is to grant a conditional use permit to officially allow it and grant a variance to allow a setback of 28’ (being measured from the edge of the right-of-way not centerline). Staff would also conclude that the pool is ha\ing no negative impacts to the neighborhood and the rear of this lot is acting more as a rear yard than a street side, being one cannot see Highway 12 and there is no access to it. Staff would make the following recommendations in regards to the criteria for “undue hardship” pertinent to this application: "The property in question cannot be put to a reasonable use if used under conditions allowed by the official conu-ols." The official controls mou U require that the lot be 2 acres, however the lot was created under 2 acres but is still considered legal. Therefore, a variance must be granted to allow a new house to be built, which is a right that cannot be denied to the applicant. Also, the existing pool is not considered legal without approval of the requested variance. The official controls would require that the pool be located at a setback of 'V to the edge of right-of-way, however that pool has existed since 19 ‘S and was considered in an appropriate location at that time. “The plight of the landowTier is due to circumstances unique to his property not created by the landowner.* The fact that the lot was created under 2 acres is a circumstance unique to the property and not a circumstance the property owner created. The pools setback, as measured in 1978. may have been correct in 19''8 but that fact that the standards of measuring setbacks have changed is not a circumstance the landowner created. 3. "The variance, if granted, will not alter the essential character of the locality. li tWdk mm O'. I ■ J. r lib L 4. 5. 6. 7. 8. 9. 10. II. «NM-2979 Jaausry20.2004 Page Soft The variances will not change the character of the neighborhood as lots smaller and larger than the applicants are within blocks of one another. Also, the pool has existing since 1978 and the neighborhood would not view it as a change. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for eanh sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony wth this Chapter." Not applicable "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 uses proposed are uses allowed by the zoning district in which the property is located. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The fact that the lot was created at 1.523 acres instead of 2 is a condition unique to the property as there is a range of property' areas in the immediate neighborhood. How the setback was measured for the pool is also a condition unique to the land in that the property boundary extends to the centerline of the road and the practice of where that setback is measured has changed since initial approval of the pool. “The conditions do not apply generally to other land or structures in the district in which said land is located." It is of staff's opinion that this criterion is met. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of the application is necessary for the preservation and enjoyment of the applicant s right to construct a new home on an existing piece of properly and to use a pool that has been used since 1978. “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." I : i W4-2979 Janiiar?20,2t04 Pate«*r« It is of staff s opinion that this criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.* Granting of the requested variances will alleviate hardships which ha-. e been demonstrated by the applicant, and will not serve ordy as a convenience. Issues for Consideration 1 . Because this is a rebuild should non-conformities be allowed to remain** 2. Are there any negative impacts to the pools current location? 3. Is there adequate screening to Highway 12? 4. Are there any other issues or concerns with this application? Staff Rcconmcndation In order to rebuild a house on the existing lot staff recommends the following: 1. Approval of the lot area variance as the proposed house meets all Zoning Ordinance requirements and the lot is a legal lot of record. 2. 3. Approval of a conditional use permit to allow the pool to remain on a through lot Approval of a variance to allow the existing pool to be setback 28* from Highway 12 when 50’ is required as the pool has e.\isted since 1978, the City has never received any complaints regarding and, and it’s sufficiently screened from Highway 12. . ^ ■•1 J [BIT A Application # 0^" Date Received It/11103 Amoont Paid 3 19/-OO CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee 5150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFOR^UTION Site Address \00^ gutra UAK-g P-IO . Property Identification Number (P.LD.), Attach legal description to application if not included on required survey. Date Property Acquired lO • ____________________________ I (do) also own the adjacent parcels of land. Xmonth'year) Present use of property: X residential Zoning District: 1 ^ other (specify). APPLICANT Name -pC.. TIokJA^U*^ Phone (home) ^61- l72."| Phone (work) ' ^lo' toLt) • Address: tQ0f> OLt> LOKlfr lA ce : goM) Cit\- yMMZfiiTPr- ,m^\ Zip: | OWNER (if different than applicant) Name also: KQJT Address: y\2^ fttiC. ^ Phone (home) _____ Phone (woric) CitN': Zip: ^*16^ DESCRIPTION OF REQUEST Estimated Construction Cost S C/Sc> nCO. Describe request in detail: To "TP PrVgbL.? lOfe no tO<rr V^^cvffe A z. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical dif5cult>‘ or unusual propert>’ conditions preventing compliance with Zoning Code requirements: \jJC-ARg> QkJ • ^is f^r •poeK Klorf yWFgf • ^ ^(attach additional sheets if necessary) J 64 REQUIRED SUBiVnXTALS ^ yQu^^ppli!^rio^ Ifny jit Lfajuagi: 1. 2. 3. ^ 4. 5. 6. ✓ V 7. 8. Completed Application Form Certified Property Owners List of owners within 150' iaK«t. - a t obtain this Ust. labels and man from ** C>t>u must Govt Center. ^48-591^ Department of Finance. A-603. reproduction. <•) copy 8(=- , u- fo. ^’p^sed. In 0)'cw^ xTr?r od"'““* Lisfof'uirkX^«“L*udi'r^uii^^^ *°in- property. This would include lumefs) of ani.Kc»LrllT*”“ “ “'“**• “ '•'« you wish notified of this^UcaUon^ « • >ch • separate list of any other persons Additional items as may be requested by City staff. APPLICANT'S SICNATlniE consultant expenses incL^ fee payment) ««Po? supplied is true and c(»ect to the best of his/her ifn^vri-ai ’ that the infonnationsupplied is true and cc^t to the Applicant ’s Signature S QA __ Date /Z-ffe~Q? OWNER'S SIGNATURE entry onto the property by'cl" Maff!^uhmB ^ente'cot^is*"'’''«»onable members for purj^s of investigation and verificat ’ion of r^l“ lUlA/i.Owner's Signature . Date (^>(6-0?, Meeting. Planning Co^Sn Meettngf'we^^S on th^S*M* Commission Applleanu must be present at all srtS “<>"<■«>' »f month. Council If an applicant is unable to attend a scheduled mL»* ^ **** *^**“®*“8 Commission and have an authorized agent attend in your place and to advi«e »h * n*’i5 arrangements to change prior to the meeting. ^ **** ^ Zoning Office of this , ■ /VJ EXHIBIT B December 23,2003 Hec«*IVEO Utu J 0 ^ CllVUl^OfiOi^ CityofOrono P.O. Box 66 Crystal Bay, MN 55323 Dear CHy Council and Planning Commission: We are writing to you regarding the existing pool on our property. In planning the rebuild of our existing house, we worked around the pooPs current position so that we could leave it as is. During the summer months, there is a large amount of foliage around the perimeter of the property. One cannot, in any way, see Hwy 12, only hear h. There are gardens all aroutid tte poobide of the property, v^ch will not be disturbed during constructiorL We were not knowledgeable about the past circumstarKes involving the placement of the existing pool, which transpired in 1978, long before we took possession of the property. We were under the impression that it had been approved in its current position. The house position in referetKe to the pool was chosen due to the large oak tree located at the east side of the house, the 50 foot set back line to the south and another large oak tree to the north. Because of the east oak tree's size and age, we are determined to save it and have positioned the new home in almost the exact same position as the existing house, only twisting it slightly to better avoid the tree. As you can see on the survey, thb places the house between the tree and the pooL It b irrqx>ssible to move the house away ^m the pool without disturbing the tree. One oak tree will be coming down on the property to allow for the attached garage. We are determined to save the remaining trees on the property, including the one on the east side ofthe house and the one on the north. We are requesting a condhbnal use permit for the pool in hs current location as a pfc- existing condition and permission to place the new house as drawn on the survey. Thank you for your time. Sincerely, I OROHO COPK EXHIBIT C Certificate of Survey for Shaver Corporation In Goveriuncnt Lot 4, Section 3S-110-23 Hennepin County, Minnesota V CITY OF OflONO " 4<rpno«" - LI APPROVED WITH FI0/ISIONSAPPROVED WITH ne/i r= • • d*#f U/* dec.r, '' \ '• certify that this Is a true and •. representation of a.Vsurvey of the of an existing building, and of the location of a proposed addition In relation sst and Uest lines of the following described *" 6R0NBEI16., INC. Sronberg Mi. Lie. No. I275S . Coffin MN. Lie. No. 6064 t% L'and Surveyors. Planners I, Nlnncsota • • part of the East 2S0 feet of Government Lot 4. j.between Minneapolis and Watertown Road and the state Highway No. 10, In Section 3S.-Township North, Range 23 West of the 5th Principal Meridian, not purport to show any other Improvements or encroachments. J DtSCRiPTiQN Of SUajCCT PWOPCRTY (At tlipplitd by ditnl) Tilt totl 250.00 fttl bf Ibol port of Govommoiit Lot 4, Soctlori 35, Tovothip 118 North. Roo^ 23 Witt. Nonoopiri Counts Mbmooolo. h liM iouth of L009 Lohi Rood ood north of U.l Hl^ivoy No. tlQlLS 1. ) Thit turvoy doot not purport to tho« ony undtroround utaitlos. Tho controctor ihoH dtttrmint tht tioct locotion of ony ond oN owitting utlillit boforo commoncino work Iho controctor tholl bo My rotpontWto for ony ond ol domooot oriting out of hit foiurt to onoctly locoto ond protoct oi OMitting utaily focilliot. 2. ) Contoct COPHCR STATE ONE CAU ot 651-454*0002 lor proclto ontlto locotion of utlitiot prior to ony oicovotion. 3. ) A titio opinion wot not furnithod to tho turvoyor ond no ipocific tiUo toorch for oilttonco or non-oilttonco of rocordod or un-rtcordod ootomonlt hot boon conductod by tho turtoyor ot port of tho turvty. 4. ) Aroo • Crott: 06.557 Sq Ft. - 1.09 Acrot Not: 60.493 Sq. Ft. - 1.39 Acrot (lott rigfit of woy) 5. ) Zoning ond tolbocli informotion ot protidod by tho Plonnbig Doportmont of tho City of Orono: Zoning: RR-1B (I Fomly Ruroi - 2 Aero mMmum) Sotboclii: Nouio - Front: 50 Ft Root . 50 Ft Sido: 50 Ft (tirool tido) Sido: 30 Ft. Corogo - 10 Ft Hordcovor: 35X moi covtrogo If lot undor 2 ocrot Propotod Hordcovor 1&0X (Propotod houto. dock, drlvowoy. ond oaitting pool) 6. ) Elovoliont oro ottun^od. I horoby cortify thot this plon or opocIRcotion wot proporod by mo or undor my diroct tuporwliion ond thot I om o Ally Ikontod lond turvoyor undor tho lowf of tho Stoto of Minnotolo. "^1 riB lOOtl Ootod 5th SATHRE of August 2003 Oosid B. Pomborton. Minnotolo Lkonto No. 40344 Ott-CKiO GNG DATE WW09 •CAU JOOMQ l jBsm (■« ^ H “ rcTK’>U£ ,Tv liXJTM SUVATION •f^ • ■ * ^ •* "ii C'T. S-'- / * . •/ li^V 8 tti M Q ^ , S' 5 ^ Q “C li {2<£> c£Cl % EAcT E.U..r'l'>k|••* !»!• \ ^ ^ r-Af _ i . m «v'-. > -y- ..V .5 7* 9 v\) Vmj O ;v ^ .5 S 5rnmm C\. CC § ••; art ! S’ jj^y. i \ OT uJ < O 1 - tJ X 7=L JoS .< ^ 5 sD c£: SI •X •**. i #? j ,■-I —► m *jff ••^ • * ...........J • % * "*U. itJf %w. ■.1 4 —-- ,- ---- itT pucpc. plaii g, :, cr^ • •‘C/1!1* am f M* « »«v*»«rm MM t • 1 ^* »•■r••«M •« •••• ***«Blt3* * * •"Wirrr* B M4B m am,amm»m -i'a' ' iSvii V i'-'-, >•»«>««« *WMi**««M* •■«•< y -.r -J.il .i. .1i^.-1 ...............................diriltfi^ifffiiJt^^.. -.j. 11 IQ gt.f>7}V ?t^| i »• V AiMiifedftlAiiliBUlii . ■< .r\ K"m StK> fUl/h ChaAit, i-t^- MMUAIfc: n JSIIIMIMOn ntOf AOM 4SS LONOLAKBRDe OWNER NAME CIIYOFOItONO TAXEAYER CITY Of ORONO NAME/ADOR OOXM CRYSTAL DAY MN 5SJ2J 3t 3SIIII34I0002 fROr ADOR 9BS OLD LONG UKE RD OWNER NAME RICIIARDO RINEHART ETAL TAXfAYER RrilARHO RINEHART NAMl!/AI)OK WSOU>I jONOUKERI> WAYZATAMN SSJ9I M 3)11123420001 PROPAOOR 1003 OLD LONG UKE RD OWNER NAME NANCY TEMPLE SAMUELS TAXPAYER OONAt O A RBTAD NAME/ADOR 100) OU) I/3NO UKE RD ORONO MN ))39l 72 ))IU2342WMO PROPAOOR 30) UNDAWOODU OWNER NAME HENNEPIN FORFEITED UND TAXPAYER CITY OF IjONO UKE 1964 PARK AVI; lONIilAKEMN ))IVi NAME/ADOR H ennepin county proi v information system PROPERTYO JRSLIST PACE: I 31 3)11123130003 PROPAOOR 1000 OLD LONG LAKE RD OWNERNAME RCREED*SLJOHNSON TAXPAYER RCREEDASLJOHNSON NAME/ADOR lOOOOLO LONG LAKE RO WAYZATAMN ))39l 31 3Sllt23l40006 PROPAOOR 990 OU) LONG UKE RD OWNER NAME BRL ^E D DAYTON TAXPAYER BUSS A CO NAME/ADOR 990 OLD LONG UKE RO WAYZATAMN ))39l 31 3)11123410003 PROPAOOR 96) OLD LONG UKE RO OWNERNAME BRUCEDDAYTON TAXPAYER OKAIIENA COMPANY NAME/ADOR 3140 NORWEST CENTER MPLSMN 3)402 38 35III234I0004 PROF ADDR 970 WAYZATA DLVD W OWNF.RNAME R A DALF5 A J T DALES TAXPAYI.R REliO IIAIJiS A JI!ANNIl DAI.ES NAME/ADOR 970 WAYZATA DLVD W WAYZATAMN 55391 72 3)11123420002 PROPAOOR 1043 WAYZATA DLVD W OWNERNAME EDWARD V PETERSON A WIFE TAXPAYER EDWARD V PETERSON NAME/AODR 104) WAYZATA BLVD W WAYZATAMN 3)391 72 3)11123420006 PROP ADOR 10)3 WAYZATA BLVD W OWNERNAME DONNAHPETERSON TAXPAYER donna H SHAW NAME/ADOR lOS) WAYZATA DLVD W WAYZATAMN 3)391 72 3)11123420041 PROPAOOR 300 UNDAWOODU OWNERNAME JERRY 0 SMITH A WIFE TAXPAYER JERRY O SMITH NAME/ADDR 300 UNDWOOD WAYZATAMN 53.191 CQ a I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES OEPARTMENLJO THE BEST ^ OF MY KNOWLEDGE AND BEUEF. DATE^-±l^-> BY £ * j w -.-^ .•.\ *. ■ f vl*-* 2\^ • to ' Hennepin County . Taxpayer Services Department *f £ ;7j .,•• >> 'll iT,a Parcel Information arcml 3811823420001 Hous« Number 1008 StriMt Hrnnm OLD LONG LAKE IIO / This Is not 9 neerdtd map. Knpi9aantsaeomp9MjncHnPinnaPon and data Irom CPy. County, and Sta^ mad authoriOas and odtar saunas. hi Date Application Received: I2-18-03 Date Application Considered as Complete: 12-29^ 60-Day Review Period Eipircs: 02-27-04 COI two'll MFETING JAN 2 6 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: January 21,2004 Item No Department Approval:AdminL*^^ ator Approval: Name: Melanie Curtis Title: City Planner lUO Agenda Section: Zoning Item Description:#04-2980 - Orfleld Design & Construction for Marilyn McClaskey, 2693 Kelly Avenue, Front Yard Setback Variance - Resolution Zoning District: Lot Area: Lot Width: LR-IB, Single Family Lakeshore Residential, 1 acre minimum 0.76 Acre, 33,247 s.f. 110’ List of Eahibits: A - Resolution per Planning Conunission Recommendation B - PC Action Notice 01-21-04 C - PC Memo & Exhibits as of 01-20-04 Application Summary: The applicant is requesting a front yard setback variance in order to add a 2"^ story over a portion of the existing home 20 ’ from the front property line where 35 ’ is required. The existing home currently is at a substandard setback of 20 ’ (1 S ’ into the required front yard). Planning Commbsion Recommendation On January, 20, 2004, Planning Commission voted 6-0 to recommend approval of the front yard setback variance. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. IF I Hi iinthliffij-f A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 SUBDIVISION B FILE NO. 04-2980 WHEREAS, Marilyn McCIaskey, a single person (herein after “ the applicant”) is the owner of the property located at 2693 Kelly Avenue within the City of Orono (hereinafter the “City ”) and legally described as follows: Block 2, Carman Cove, 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 78-330 Subdivision B to allow construction of a 2"** story addition at a 20’ front yard setback where 35’ is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File #04-2980. 2.The property is located in the LR-IB, which requires a minimum front yard setl^ck of 35’. 3.The Planmng Commission reviewed this application at a public hearing held on January 20, 2004 and recommended approval of the front yard setback variance based on the following findings: a. The existing home exists at a front yard setback of 20’ where 35’ is required. b. The home is located 20’ from the front property line probably due to the challenging topography of the lot, sloping rear yard containing wetland. Page 1 of 4 ii 4. 5. c. Due to the location of the home any additions or alterations to the front of the house require a variance. d. There is significant vegetative screening of the proposed addition from Kelly Avenue and from the adjoining property. 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. The City Council finds that the conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-355 Subdivision B to allow construction of a 2"'* story addition over a portion of the home to be setback 20 ’ from the front property line where a 35 ’ front yard setback is required, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning 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 building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (January 26,2005). Page 2 of 4 3. Violation of or non-compliance mth any of the tenns 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 and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 26*** day of January, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) i f Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 2004 by Lind'* S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this ___________, a single person. day of ,2004 Notary Public Page 4 of 4 FRANK a CAROARELLE Un4 •urv.yor. me (612)941*3031 riym« eioud Drive Land Survtyor Ed«n Praifi*. MN 55344 Survay For wiptivn wecimev Book.Pago ____Rio jail 2693 Kelly Avenue Oronot NN ■r-. 2*«>sn)*H AVPtTl0>i Scalt: 1*M0* • Otaoltt Iron Non.Found* • Laad Araas 34.247 iq.ft* Noum mUIi Mfidtrqround qaragt: 1296 sq.ft. IT Orlvtuajf: 140 sq.ft. ConceSfdawaU: 120 sq.ft. CoAcrata Fatio: 172 sq.ft. Aatio Oack: SS3 sq.ft. Total Nardcovar: 3511 sq.ft. 10.211 Lot Covar Satback 2ona: 2S0«S00* OascrlitlQw: •lack to Caroan Casa, according to tha racordad glat tbaraaf. Naoaapis Caootjr. Alooaiota Thit .I... iP.ctfU.tl.n r.port «.* .r.par.6 ky M er v.6.r ay direct i.f.rvUJ.^**!?.* •a . duly ■Mlltpr.d Lead Sure.y.r I. tli. St.t. •t Mlaa.Mt.. Jl.a.d M% )**y^;*' 1003. Pr..k A. cerd.r.11./ DCi.[caosa Me 4MI exhibit A CITY OF ORONO 2750 Kelley Parkway POB0X66 Ciystal Bay, MN 55323 952.249.4600 ZONING FILE 04-2980 NOTICE OF PLANNING CONLMISSION ACTION DATE OF NOTICE: January 21,2004 TO: Orfield Design & Construction 4017 Kipling Ave So Edina MN 55416 COPIES:Marilyn McClaskey 2693 Kelly Avenue Orono, MN 55331 TYPE OF REQUEST: Front Yard Setback Variance DATE OF MEETING: January 20,2004 Pbnning Commission recommended as follows: Approval of the proposal as requested. VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, January 26,2004; Meeting starts at 7t00 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. I > ? FILEM4-2980 January 13,2004 Paga 1 of S Date AppUcatioo Received: 12>18-03 Date Applicatioo CoasMered as Conplete: 12-2943 60-Day Review Period Eipires: 02-27-04 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner jj/jjl}/ January 13,2004 CONSENT 04-2980, Orfleld Design & Construction Inc for Marilyn McClaskey, 2693 Kelly Avenue - Variance - public hearing Zoning District: Lot Area: LR-IB, Single Family Lakeshore Residential, 1 acre minimum 0.76 acre (33,247 s.f.) Ap/Mcation Summary: Applicant is requesting a front yard setback variance in order to add a 2"^ story addition on the existing home 20’ from the front property line where 3S’ is required (IS’ into the required front yard)._______________ Stqff Recommendation: Planning Department Staff recommends approval of the variance as requested. Hardship: The fact that the home was originally constructed 20 ’from the front lot line (prior to current ordinances) forces the property owner to request variances for any addition to the in order to construct a second story addition to the home. The existing house location may be due to the challenging topography of the lot.________________ Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed; Lot Area (acre)Lot Width (feet) Front Yard (feet)Side Yard Adjacent to Another Lot (feet) Rear Yard (feet)Side Yard Adjacent to Street (feet) 1 140 35 10 30 35 List of Exhibits A. Application B. Photos C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Ha^cover Calculations F. Letters to Neighboring Owners G. Resolution No. 2284 H. Propert> Owners List I. Plat Map J. Topogrsqihic map »i ^.....- k fP^TTf, fnrt n ■ 1 L FILE0O4.296O January 13.2004 Paga2ofS Background Marilyn McClaskey is the propern- owner and applicant at 2693 Kelly Avenue. The property is 0.76 acre in size and is located within 500' of the ordinary hi^ water level of Lake Minnetonka. The existing home is constructed 15’ into the front yard setback. In 1987 the previous homeowner received a variance in order to construct a deck with patio 32’ from the side street lot line where 35’ is required. Directly behind the home the land slopes down to a lower area in the rear yard. This low area which renders most of the property unsuitable for construction of a home or other structures may have been a reason for the placement of the home nearer to Kelly Avenue. There arc large pine trees between the front of the home and Kelly Avenue which would act as additional screening of the proposed addition. Additionally, the nature of the front yard acts like a berm between Kelly Avenue and the front of the home thus lessening the impact of the proposed addition from Kelly Avenue. LOT ANALYSIS WORSHEET Lot Area/Width: LR-IB Lot Area Lot Width Required 43,560 s.f. (1.0 acre)140’ Actual 0.76 acre (33,247 s.f.)110’ Setbacks; LR-IB Required Existing Proposed Front 35’20’20* Rear 30’300’+No Change Side Yard 10’15’No Change Street Side Yard 35’ 32’* (Variance in 1987, Resolution 2284 enclosed) 32’ Structural Coveraac; Total Lot Area •Total Structural Coverage 0.76 acre (33,247 s.f.)Allowed: 4987 s.f. (15?i) Proposed: 1879 s.f. (5.6 ) FILEi04^2980 January 13.2004 Page 3 of S Hardgovtr r«lculatioDS; Hardcover Zont Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 75 - 250 14,170 s.f.3,542 s.f. (25%) 0 s.f.* (0 %) 0 s.f. (0 %) 250 - 500 19,077s.f. ^ ^ ^ A • • 5,723 s.f. (30%) a 0 fl A ft ft 3,51 ls.f.* ( 18.4%)No Change Front Yard Setback Variance The existing home was constructed 20’ from the front property line, where 35 ’ is required, probably due to the topography of the lot, which is sloping to the rear yard with a wetland area in the center. The view of the home from Kelly Avenue (Exhibit Bl) illustrates a berm-like front yard. The impact of the proposed 2"** story addition should be lessened because of this feature. Due to the location of the home on the lot, any additions or alterations to the front of the home require a variance. The applicant is proposing a 2" story addition above the northwest portion of her home to add a master bedroom suite. The number of tall pine trees lining Kelly Avenue would screen the proposed 2"*^ story addition from the Carman Road and Kelly Avenue intersection, and a number of trws lining the northwest property line which would screen the addition from the adjoining property. Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis /ff coHsUerlng applications for variance, the Planning Commission shali consider Ike effect of the proposed variance upon the health, safely and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values ofproperty In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that a hardship exists due to the location of the home at the substandard setback, and the challenging topography of the lot. Staff would make the following recommendations in regards to the criteria for “undue hardship ” pertinent to this application: Amr FILE0O4-296O Janusry 13.2004 Pag«4of5 1. 'The property in question cannot be put lo a reasonable use if used under conditions allowed by the official controls/" r/te property cannot be expanded within the official controls due to the existing home location and the challenging topography of the lot. In the opinion of staff the criterion is met. 2. "The plight of the landowner is due to circumstances unique to his property* not created by the landowner.” The property's unique conditions are not created by the landowner. In the opinion of staff this criterion is met. 3. “The variance, if granted, will not alter the esiential char.;ctcr of the locality.” In the opinion of staff this criterion is met. 4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” The applicant has not indicated economics in their application, rather the challenging lot and the location of the existing home. In the opinion of staff this criterion is met. 5. “Undue hardship also includes, but is not lunited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted ft r earth sheltered construction as defined in Minnesota Statutes. Section 116J.06, Subd. 2. when in harmony with this Chapter.” N/A 6. “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.” N/A 7. “The Board or Council may permit as a variar.ce the temporary use of a one-family dwelling as a two-family dwelling." N/A 8. “The special conditions applying to the strucnre or land in question are peculiar to such property or immediately adjoining property." Most of the homes adjacent have property which allowed for the homes to meet the font yard setback In the opinion ofstaff this criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which said land is located." The property is narrow and slopes to a wet loMand. In the opinion of staff this criterion is met. ! 1 FlLEi04-2980 January 13.2004 PagaSofS 10. “The granting of the iq)pUcation is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Upward expansion would be impossible without a variance. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other req>ect be contrary to tlw intent of the Zoning Code.” In the opinion ofstaff this criterion is met. 12. *The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” In the opinion of stiff this criterion is met. Issues for Considenition 1. Does the Planning Commission feel that the location of the existing home due to the topography and wetlands to the rear yard constitutes a hardship for this property? 2. Arc there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends qiproval of the variance as requested. i. '»'• OiAai;I EXHIBIT AI I cm OF ORONC - VARIANCE AFPUCATION Initial Ajnrfication Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee S150.00 (no change from original qiplication) Variance for non-confeiming structures $250.00 After*the>Fact Fees (Doable application fee) Annlk^# Date Received Amount Paid _ tSo .oS PROPERTY INFO^UTION, . . Site Address KgtUf-/h/g-. A7M SSS^I Property Identification Nuinber (PJ.D:1 gQ i i-7 31 4 OQ i 1 Attach legal description to appUcation if not included on required survey. Property Acquired fTKyrU fmontfa/vear^ @ noQ also own the adjacent parcels of land. Present use of property: X residential Zoning District- Cg- I other (specify). APPLIC Namei ______ Address: 'I ^ ^ Phone non p tJir\r Pte IpItO^ H\/^ ^ Zip: />0/vl G PIOWNER (iTdifiereat than ^licanp . Name dlQ^n^Ll Phone (work) Address: (home) <77 I ^ ____ Qian City; Q/OOh DESCRIPTION OF REQUEST Estimated Constructioa Cost $___ Describe request in detail: UOtxjd (xlCx! “fe CXci<=i flL ^f\d ^/oew 'ha 1 srr^/ fioU-O-c^i C€yi^»Shnci O/ A1a!oM<^T CcY)tcu.ninci a SuuuCft. IXOCVX- . VARIANCES REQUIRED ___Lot Area _ Setback: ___Lot Width yC Front __Side Hardcover Rear Lot Coverage Aveiege Lalcedkore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with. Zoning Code teauireniMts: KpAyU* huxAl" 'hifs CldS/l hi xkiL bat LcVci -/a ar^ din, u^. oc4H\ h(w\ nu/LT-go Me/ » inacli^dditi( 4- (anacnAdditional sheets If necessary) SOt-i l(Q/iOO 4 I6K „ 2 9 80 M8S:N lOU-M-Ma EXHIBIT A 2. REQUIRED SUBMITTALS \ OjLU^G o O ^ oV^ rN . p A-A kaola -a^ 'I for*yMrl^i^oTto^h" inPli«<|M jwdlfnc^tjn ^ I TOyipou^^^ .1. __ Completed AppUcation Form 6>‘ ' 3^*5 -S-*110 *rt rrln U ---- ‘Certified I^perty Owne„ List of owners within 150*, labels end plat map (you of Survey (signed by e Uccnsed suAevort^ calculaUons as requited. In addition, provide one (1) coir/ 854” x 11" for reproduchon. I Lc, To^gr^hlc surv^ (existing and pto^sed el^tionsHf any changes in eidstins gra^ are proposed. In addition, provide one (1) copy 8/a" x 1 r for reproduction. ^ 3. 4.C^' C< List of the le^ names Ondude marital status)^ all peisons^viAan intm to -9 t « “® prop^. TTus would include name($) of appUcant($) if not current owncris). "• ^ to tius application, please attach a separate list of any otfa^ ^ persons you wish notified of this appUcation. rxm o S. _v^ Additional items as may be requested by City staff. ^ The Applicant and ProperQr Owner must sign this application. Please remember that vaur Yariance aDDlIcaHon is not complete if rl.. ^bove infermatian hat nat tm.|«dt^ APPLICA?>nrS SIGNATURE The applicant hereby agrees to provide aU infonnation required or requested by the Zontoa A^nmistrator, agrees to pay additional fees (staff time cot covered by original fee payment) md/or consultant expenses incurred in review of this application, and certifies ^t the information suppUe^is^e and cosrwj to the best of higher knowledge. Applicant’s Si uppliedi^e and cojmqt to the best of higher knowle OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and finther authorizes reasonable entry onto the property by City staff, consultants, agents. Commission mraibets, and Council members for purposes of investigation and verification of this request L—Owner's Signature , , rt-'^ T:-- 4 j/.Date hj Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the thirl Mond^ of each month. Applicants must be present at all scheduled review meetings of the PlaBning Commbsion and CounciL If an applicant is unable to attend a schcduli.*d meetiitg, ^ease make arrangements to have an authorized agent attend in your place and to advise Building & Zoning Office of this change prior to the meeting. #2980SOt-i 1 10/100'4 fOK 0l9t0ntS0« I I ONOM SO Mgo;go C00l>t0-M|] I'm m i r <1* '.- ^ ., , .1 XM ^ *» ' 4|\ ^ w mm m mwmm \ \\ • .f- 1 *"» ' - • • .a ^ . •/ «. • ' . I 'I, ••-* * i i /' ■ ' K :»-i^ mm ?X' '►> •v A 'i2 xlQ ^JKL ^■i2j !□ .v V ^ r-r-.r— i^—7-^ ha^^s.ssaai^^»8!!^sw^Fw4*f«-?w*<*'~.‘,-,' ' w« A ^. * V ^ ► t—\ V-^ »r- >• '^* - -I- ♦^ » ■■ , - ' * BSaK^ *-^-^,,;fC^ 'J'V'4j»v “'^• •' ^ -^'* L • FRANK R. CAROARELLE »urv*yor, inc. (612) 941*3031 nymq Cloud Orlva Land Surveyor Eden Prairie. MN 55344 ttrtititau gurlxy Survey For M«riKn wcci*ft«v Book 2693 Killy Avcnui 0rono« NN Page.RIe S044 Scali: l■>40' • Ocnotti Iron Non.Found* land Aria: 34.247 sq.ft. House vUh underground garage: 1296 sq.ft. IT Orivanay: 840 sq.ft. Conc.SIdtualk: 120 sq.ft. Concrete Patio: 672 sq.ft. Patio Deck: 683 sq.ft. Total Hardcover: 36)1 sq.ft. 10.261 lot Cover Setback Zone: 250-600' i: I [BITCl # OiSCfIptfon: Hock 2. Carnan Cove, according to the recorded plat thereof. Hennepl*i County. Ninnesota. This plan, specification or report «as prepared by ae or under ay dlract suoervlsiaa. and that I aa a duly Hegistered land Surveyor In the State of Ninnesota. Signed 2003. FraniT 4. Cardarelle fSSf Scale: 1" Denotes I Land Area House tfitl BT Drivewt Cone. Sidei Concrete i Patio Dec Total Har 10.25X Lo Setback Z I■a:. ■ V, j Scale: l"-40* Denotes Iron Mon.Found • I Land Area: 34.247 sq.ft. House with underground garage: 1296 sq.ft. BT Driveway: 840 sq.ft. Cone.Sidewalk: 120 sq.ft. Concrete Patio: 672 sq.ft. Patio Deck: 583 sq.ft. Total Hardcover: 3511 sq.ft. 10.25X Lot Cover Setback Zone: 250-500' t - A ^ 7 A / 'Vi?V yr / / / / / / w / >t y/*/.7 ) / Description: Block 2, Carman Cove, according to the recorded plat thereof, Hennepin County, Minnesota. This plan, specification or report was prepared by me or under my am a duly Registered Land Surveyor In the State of Minnesota. Signed ^s^5th^ , and that I of December, _________________ ’FrarTjriR. Cardarelle ate Tcense No. 6506 For: Marilyn McClos 2693 Kelly Ave OfOfK). MN 553:! T.952.471,0372 •oiMWfil Rome Proposed Additi •• ..A^ M^lO.- Bmm M for Marilyn McCloMtey 2693 Ke«y Ave Oono. MN SS33I T.952.471.0372 By: Ron N OriMd Orfleld Daiign 4 ConilrvcHon. Inc 1.952.920.6543 PlfrtlB l/4-Scole Doted Sep 2.20Q3 Revned: 1--^o-ce> Ihio-oz • • hmdfm: ,mmmOi1kU. Amy•AjMrtn • Ml I, i„ Mn .M,r^2S30 HOCHANtte- HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' exhibit E A. House HARDCOVER IN ZONE Loifdi X X X B. Genge C. Driveway X X D. Sidewalk X X E. Pado/Deck X X F. Landscape Underiain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A O I TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 3^/;* B in Oil I^O'J'7 xIOO • S.F. A S.F. B % EXHIBIT FI 2693 Kelly Avenue Excelsior, MN SS331 15 December 2003 Mr. Michael Halladay 3275 Carman Road Excelsior, MN 55331 Dear Mr. Halladay: Please accept my sincerest condolences on the loss of your mother. Tm sorry I did not know earlier that she had passed on. She was always so pleasant to talk with, and an inspiration as she went on her daily walks. I will miss hCT in the neighborhood. The additional reason I am writing today is that I plan to add a second floor bedroom onto the north side of small rambler-the white bouse on the comer of Carman and Kelly. The City of Orotx> requires me to notify each neighbor within 150* that I am emb^ing on this project. You do not need to give it your approval, only acknowledge that I*ve told you of the project. My addition will not go out^de the footprint of the current house, and will be in keeping ^^ith the existing style, clapboard, double-hung windows and shutters. . .a If you wish anymore detailn£lhe.pIans,.please.contact.iiQr contractor,.Orfield Design and Construction, at (952) 920-6543. I*m sorry to bother you with this matter at a sad time for you. My house b i»t even vbible torn your house, but the woods on the north side of Canaan Circle b the for enl of nay property, so techriically w^^^lthin 150*. If you could sign and return the enclosed form to (Meld Design and Construction-in-the«neIosed-envelope-as soor^as possible I would be most apprecbtive. Sincerely, Marflyn H. McCbskey EncL #29 0 J i (l r »i , ! I --- r exhibit Fl. 2693 Kelly Avenue Excelsior. MNSS331 December 16, "003 Mr. And Mrs. John Vollci 2640 Kelly Avenue Excelsior. MN 55331 Dear John and Sheny: I’m sorry to have missed you—^would love to show you my house plans—but oiv schedules seem to be at cross-purposes this week! Last week I mentioned the Chy of Orono k requiring me to ^ly fcr a variance for my bedroom addition, even though I’m not going outside the current footprint of the bouse. As part of that process. I must notify everyone within 150’ of my property that I am doing the project. You probably remember thk from your own deck project a few years back. — I would>be-mostappEeciative if you could .sign thixacknowledgement and return it to Orfields as soon as possible. And I would love to show you the plans sometime soon! (Ron could also share them with you if you are interested and seeing him soon.) —Sincerely, Kferilyn H. McClaskey EncL #2980 \ • •• M EXHIBIT G m} : M's' THIS ITEM HAS BEET City of OROlN»RgFiull|0 RESOLUTION OF THE CITY COUNCIL NO. 2284_ _ _ _ _ A RBSOLOTION GRAHTING A VARIAMCB TO NURICIPAL SOHIMG CODE SECTION 10.24, SUBDIVISION 5 (B) PILE #1206 HBEREAS, Katherine C. Perry (hereinafter "the applicant") is the owner of the property located at 2693 Kelly Avenue within the City of Orono (hereinafter "City") and legally described as follows: Block 2, Carman Cove, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a deck and screen porch located 32 feet from the side street lot line where a 35 foot side street setback is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile 11206. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance based upon the following findings: A) Moving the vrall of the porch to meet the 35* required setback would place the wall in conflict with existing door and window locations. B) The porch and deck as proposed will have no significant visual effect on the character of the neighborhood. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 3 i 1 wm City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2284 5. The City Council finds that the conditions existlnoorooertv are oeeulljii' «•«« 4*- ..a ___<•.. ^ ^property are peculiar to it and do not apply generaliJ^tS"othe? property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or ether danger to neighboring property; would not merely serve as a necessary to alleviate ^SernSn? necessary to preserve a substantial property right of the applicant; and would be in keepinq with the ®P^rit and intent of the Zoning Code and Comprehensive Plan of the CONCLOSIONS, ORDER AMD CONDITIOHS r4 4-« n one or more of the iindings noted above, the Orono 5?r7.\ -a? dr . %r s:r"irn", tnd'rt’i’r be .bthority ,r.nted 1987. Adopted by the Orono City Council on this 26th day of October ATTEST; ^/itiliXCuJL d ''DOh/i.4 Property Owner(s) ^ Jame^ R. Gr yor Pag# 2 of 3 tp City of OROJNO RESOLUTION OF THE CITY COUNCIL NO. 2284 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district? that granting the variance would nSf adversely affect traffic conditions, light, air nor pSIeTli^rifzSrd or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demnn- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with Jhe intent of the Zoning Code and Comprehensive Plan of the CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above the Oron« 10^24^‘’subdi\^ision^^ Municipal Zoning Code Section loriV ll“c\^tVd'S2%%lt'Vrom° tWde str?e”t \“"l\"ne "wle*re a'lS^SoorsIde street setback is normally required, subject to the following conditions; ^I'anted with this resolution run with the property aPDli^catiM^for”V'bu?id1^® permissive only and must be exercised oy application for a building permit wxthin one year of the date of variance will expire on that date (Octob« yioletion of or non-compliance with any of the terms and herein# and shall be punishable as a misdemeanor* successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property* 1987.Adopted by the Orono City Council on this 26th day of October, ATTEST: _:_;L-iX.:yt.ic=9sasacsbthy M^r^allin, Xity Clerk Jameh R. Gr yor operty Owner(s) Page 2 of 3 1 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2284_________ STATE OP MINNESOTA ) ) 18. COUNTY OP HENNEPIN )j On thii _ befori me a No appeared known to me to be the persor.(8) C- day of O cJtihi/' and for said < ^escribea in 4n( 198^7>^a^ Public withi^ and for said county, personally nd who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. PatrieiqJL Pturson_ “TSJSSScSS^* My NOTARY PUBLIC n-15-^3 MY COMMISSION EXPIRES STATE OP MINNESOTA ) )SS. COUNTY OP HENNEPIN ) On this _________ day of ____________________, 198 , before me a Notary Public within and for said County, personaTly appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 3 of 3 Jue Miiee STATS or HINNESOTA COUMTT OP HESHCrXi > ) ) CITT OF OSONO ) ) • *»iy .<.pt.d br ..id ^"*** Wh«r«of, I bav* hartunto sat ay hand and aaal this27th , day of ____ October loa? (SEAL) ■ ; .. st-\i s^-! itmm RUNUAlk: li/WiUli liyNr^LnN CUUIMI I I'KUrLKIt IM^UKiVlAllUt>l 515ILiV| PRWERTY OWNliRS LIST I'AVit . • 31 2011723140004 PROP ADOR 2455 LYIHARDAVI: OWNER NAME iRJBERQ TAXPAYER JAMES BERO NAMfi^AOOR 2SS5LYOIAROAVE EXCELSIORMN 55331 31 2011723140007 PROPAODR 2497 KELLY AYE OWNERNAME RONJCHRISTENSENETAL TAXPAYER RONJASARAHAaiRISTENSeN NAMPyAOOR 2497 KlUXY AYE llXniLSKmMN 55331 3t 2011723140010 PROPAODR 3245 CARMANRO OWNERNAME JS NIELSEN A KRNIELSEN TAXPAYER JON 8 A KIRSTEN R NIELSEN NAMiyAlXm 3245 CARMAN Rl) liXCLLSIOKMN 55331 38 2011723140014 mOPAOOR 32iSCARMANRO OWNERNAME T P LOWE A R A LOWE IAXrAYI'M TIRIMAS I* HIWI? NAM17Amm 32*151 AKMAN Mil EXCELSIORMN 55331 38 2011723140017 PROPAODR 2493 KELLY AYE OWNERNAME MARILYN HMCCLASKEY TAXPAYER MARILYN H MCCLASKEY I 2493 KELLY AYE EXCELSIORMN 55331 NAME/AI X t flQ § 3S 1011723140005 PROP ADDR 2650 KELLY AYE OWNERNAME SJ WENDUNG ADA WENDUNO TAXPAYER STEYENJAOOREEAWENDUNO NAME/AOOR 2450 KELLY AYENUE EXCELSIORMN 55331 JK 20II72314UUU6 PROP ADDK 2640 KELLY AVE OWNERNAME JRASLYOLKMAR TAXPAYER JOHN R A SHERRY LYOLKMAR NAME/AOOR 2440 KELLY AYE EXCELSIORMN 55331 38 20II7231400(» PROPAODR 2495 KELLY AYE OWNERNAME C DSIMPSON A R SIMPSON TAXPAYER CHARLESDSIMPSON NAMli/AOOR 2695 KELLY AYE iiXniSHmMN 55331 38 2011723140009 PROPAODR 3225 CARMANRD OWNERNAME DCAYAHOUCK TAXPAYER DAYIO C HOUCK NAME/AODK 3225 CARMAN HD IXCILSKIRMN 55V11 38 20II723I400II PROP ADOR 3245 CARMAN RO OWNERNAME KMMOLSONAMDOLSON TAXPAYER KMMOLSON AM DOLSON NAMiyAIIDK 3265 CARMAN RO EXCELSIORMN 55331 38 2011723140012 PROPAODR 3275 CARMAN RD OWNERNAME MICHAEL HALLADAY ET AL TAXPAYER SORAMAE G HALLADAY NAMl /AimK 7720 E CAU E I aS ARIIOLES llK*SONA/ 115750 38 20II723I400I5 PROPAODR 3300 CARMAN RD OWNERNAME JOANENIELSEN TAXPAYI M XIAN • Nil I SI N NAMIVAOim l.xmi AKMAN MO EXCELSIORMN 55331 38 2011723140014 PROPAODR 38 ADDRESSUNASSIONfiD OWNERNAME VILLAGE OP ORONO lAXPAYl H CIIYIM OMONII NAMI/AOOM ISIIHIXW. CRYSTAL BAY MN 55323 38 2011723140025 PROP ADOR 2455 KELLY AYE OWNERNAME J W EUOSTERACM EUQSTER TAXPAYER JACK EUGSTERACAROL M EUGSTER NAME/AODR 2655 KEUY AYE EXCELSIORMN 55331 1 CERTIFY THATTHE FACTS REFRESEKTED ARE AN ACCURATE AND 'IRUEREPRESENTAHONOiFINFORMAllONAS IT APPEARS TMS DATE ON THE RBOOROS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND BEUEF. ^ , DATE/^'y^*3 by o A4RI EXHIBIT I COliwrii r^FETiNG REQUEST FOR COUNCIL ACTION vlAN 2 6 2004 DATE: JanuanPftT ITEM NO.: g Dcparincnt Approval: Naaic Gregory A. Gappa THIe Director of Public Services Adminiitrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Request for Final Payment, Brown Road N./CR6 Sanitary; Sewer Project 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 approve Request for Final Payment, Brown Road N./CR6 Sanitary Sewer Project to Red Pederson Utilities inc. in the amount of $8,889.25 HI Bonotroo Bnaie Anodtts Owiw: City of Ofono. P. O. Bok 66. Oono. MN 55323-0066 Date: January 6. For Period: 11/Sf2003 to 1/W2004 Request No;2 AND FINAL Contractor. Red Pederson UtMties. Inc.. 100 Martachen Road, Hopkins. MN 55343 CONTRACTCNTS REQUEST FOR PAYMENT PHILLIPS SANITARY SEWER EXTENSION BRA FILE NO. 13903-140 SUMMARY 1 Otlginal Contract Amount Chanpe Order • Addition Ctunga Order - Deduction RavlMd Contract Amount Valua Completed to Date Material on Hand Amount Earned Less Ratainage 0% Subtotal Lass Amount Paid Previously Liquidalad damages • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 4 5 6 7 8 9 10 11 12 25,965.00 S s 0.00 0.00 2 AND FINAL 25,965.00 24,569.00 0.00 24,569.00 0.00 24,569.00 15,679.75 0.00 8.869,25 Recommended for Approval by: BONE8TROO, ROSENE. ANOERUK S ASSOCIATES. INC. 4 Approved by Contractor REOREOERSON UTtLIOES INC Approved by Owner dTYOFORONO Specified Contract Completion Dale; __________ November 14.2003 Date; !5 1 2 3 4 5 6 7 8 9 10 11 12 13 BASEBHI; 1-1/r HOPE, son 11 OIRECTKXML ORILLEO 1-1/4* HOPE SERVICE PIPE SOR 11 IN CASING. DIRECTIONAL ORILLI M/r HOPE SERVICE PIPE SOR 11 1N CASING. DIRECTIONAL ORILLI 1-1/4* HOPE. SERVICE PIPE SOR 11 DIRECTIONAL ORIUED MM* CURB STOP AND BOX CONNECT TO EXISTING GRAVITY MANHOLE BITUMINOUS TRAN. PATCH TERMINATION FLUSHMG CONNECTION CLEAR AND GRUB SILT FENCE. REGULAR SOOOMG.LAW/NTYPE MNOOTSEEOMWTOA WOOD FIBER BLANKET ToWBASEBIO: BASE BIO: • BU AfflouM ToMI • t2S.9BS.00 TolM BASE BID: Total Wofli Complalad To Dale COfUfPCl Unit Cumnt Quantiiy Amowit UnH Quifilily PtiC9 Quantify to Daft loOMa LF 1220 11.75 •60 1160 $13,630.00 IF 100 13.00 •7 93 $1,209.00 LF 140 14.00 125 125 $1,750.00 LF 30 12.00 30 30 $360.00 EA 4 900.00 5 5 $4,500.00 EA 1 800.00 1 $800.00 SY 40 7.00 10 $70.00 EA 1 1300.00 1 1 $1,300.00 LS 1 250.00 1 1 $250.00 LF 300 2.00 • $0.00 SY .-90 . 100 '300 300 $300.00 AC 0.5 * 500.00 0.5 0.5 $250.00 SY 300 1.50 : 100 100 $150.00 ♦• •$24,569.00 $24,569.00 $24,569.00 i k ... - ..v:-.?' >S4» : w'V"': .Wtt . ■ xv; ■ \w CO* *^*^** MPFTING JAN 2 6 2004REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: January 21,2004 ITEM NO: 9 Department Approval: Naaic Ron Moone Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administtutor’s Report Item Description: Additional Medina Sew^r Units in Shared Trunk Sewer Line The land in Medina west of Willow Drive and South of the Medina Momingside subdivision(at the northern boundary of Orono) is being plaiuied for development into 21 units of single-family housing. In order for this project to be feasible, the land needs to be served by sewer. The only sewer service available is a sewer trunk line in Orono that currently serves the Mediiui Momingside subdivision. The developer has requested the City approve the addition of the new sewer flow to the trunk sewer line. The proposed development will result in additional tralTic at the intersection of Willow Drive and County Road 6. This intersection is in need of major improvements, including a semaphore. The cost of th'j inter.ection improvements is estimated to be $800,000. The Council has indicated it is willing to pay the portion of the costs related to three of the four legs of the intersection. But, since there is only one house in Orono on the north leg of the intersection, Orono should not have to pay the costs related to the north leg of the intersection. The developer has indicated he is willing to pay $200,000.00 toward the cost of the intersection improvements. Please see the attached letter. Since the intersection improvements may not occur for two or three years, the developer has suggested the $200,000.00 be paid at the time the intersection costs are incurred. Staff is willing to accept this timing, subject to sufllcicnt security to ensure the full amount will be available to the City when it is needed. Staff is working with the developer and the City of Medina to determine the type of security to be provided. It is staff s recommendation that the Council approve the request to add the sewer flow from the proposed additional 21 housing units to the trunk sewer line that currently serves the Medina Momingside development, subject to the developer contributing $200,000.00 toward the intersection improvements at Willow Drive and County R(^ 6. COUNCIL ACTION REQUESTED: Motion to approve the request to add the sewer flow from the proposed 21 additional h ousing units in Medina to the trunk sewer line in Orono that currently serves the Medina Momingside development, subject to the developer contributing $200,000 toward the cost of the intersection improvements at Willow Drive and County Road 6. Development, Inc. January 19,2004 Rod Morris City of Orono Administrator 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 RE: Proposed Keller Estates Subdivision in Medina Mr. Morris: This letter is to acknowledge our commitment to a financial contribution for the future signalized intersection at Willow and County Rd. 6. We will contribute $200,000 to the city of Orono for the signalization of the intersection upon our final subdivision approval from the City of Medina. Based on our previous discussion, I understand that as long as the City of Orono has the surety that the funds are available prior to the construction of the intersection, we can make arrangements with the City of Medina for payment of the $200,000.00. Please confirm that this is enough information required to forward this to the Orono City Council and will you confirm with us when we are next on the agenda. Thank you, Steve Bohl BohLand Development, Inc 1844 WayiiU Blvd • Long Lake. MN 55356 • PO Box Xl5 • Phone 452-47J-2689 • Fax V52.47J-2I06 • Email neve<a6ohlaiMkievela|mMm com X * CniiMrii ^^FETING REQUEST FOR COUNCIL ACTION ^ ^ CITY OF ORONO DATE: January 23,2004 ITEM NO: lO Dcpartaacnt Approval: Name Ron Moorse Title City Administrator Adniiniatrator Reviewed:Agenda Section: City Administrator ’s Report item Description: Payment Request NumKr 13- Navarre Fire Station The City has received three invoices for work related to the Navane Fire Station. - Constructive Ideas, for project management services, in the amount of $1,620.00 - BKV Group, for architectural services, in the amounts of $2,349.95 and $3.315.00. COUNCIL ACTION REQUESTED: Motion to approve the requests for payment in the amounts of $1,620.00 to Constructive Ideas, and $2,349.95 and $3,315.00 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. ... . j . A Constructive Ideas Planning & Preconstruction Services • Project Cost Analysis • CPM Scheduling Date Dec. 2003 Description Navarra Fire Station Construction Phase Billing No. 7 • December Total amount this invoice: Date:January 2,2064 Invoice To:City of Orono No: 4347 Date Due: 2/1/04 P. O. Box 66 CUJobNo: 03O1S Orono. MN 55323 Account No: 342 CITY op 11.S. Amount 1.620.00 90i Jefferson Avenue. Suite 300 • St. Paul. MN SSi02 • (6SI) 22S-4740 • Fax (651) 22S-4741 www.consiructiveideasinc.com '1 i t 1 1 A BKV GROUP Architacfurt Intsrior Dmgn ^iginttring Kroos Vog«l Croup tnc 222 NorHi Second Sfroof MirviMpelM, MN 55401 hUfhonm 612339J752 PocsimRt: 612539^212 www.bkvgroup.com EOE I nvoice ^ 0 itu Invoice Number 21186 Invoice Dele: January 20,2004 ChvofOrono 27S0 Kellev Pwlewav P.O. Box 66 Orono. MN SS323-0066 Attentioa: Mr. Ron Moorse Project; 1124.10 City of Orono-Fire Station P: ssional Services throush 1/20/2004 Billing Group: Contract#: 001 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: SI 10.500.00 99.00% $109,395.00 S 106.080.00 Cuirent Fee Total:S3.3I5.00 ***Invoice Total ***S3315.00 iflliTfii M BKV Group. Inc. Project 1124.10 Invoice; 21186 Januarv 20.2004 Page 2 of2 N Bluing Suaanry Current Edfil laia Profcaiional Service!$3,315.00 $106,080.00 $109.395.0( Reimburuble Expemes:$0.00 $6,750.94 $6,750.9- Outside Services;$0.00 $11.40 S11.4C Other Services and Fees:$0.00 $0.00 SO.OC Finance GMiges:$0.00 $0.00 SO.OC Taxes;$0.00 $0.00 S0.0( ToUl:$3,315.00 SI 12.842.34 SII6.I57.3- ----i BKV GROUP Afchiltcturt lnf«rtor Design Enginttring •oOffROT Kroot VoggI Group Inc 222 North Socond SirMt Minnoopolis^ MN 55401 Wiphonit 6QJ393752 Fociimilo: 612339^212 www.bkvgroup.com EOE BUliofCmp 001 Totals: Invoice Invoice Number 21089 Invoice Date; December 24,2003 CitvofOrooo 2750 KeUev Parkway P.O. Box 66 Onmo. MN SS323-0066 Attemioo: Mr. Ron Mootse received JAN 0 5 2004 CfTYOFOROnO Project: 1124.10 City of Orono-Fire Sution Professional Services through 12/24/2003 Billing Group: Contract #; .001 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings; SI 10.500.00 96.00% S 106.080.00 S103.r70.00 Cwrent Fee Total:$2210.00 Billing Group Total: BiUlag Croup: rdnb S22I0.00 Contract F: Billiag Group rcimb Tolalt: BKV Group. Inc. Project 1124.10 Invoice: 21089 December 24.2003 Page 2 of2 Exnenie Copy Paper 8 1/2x11 Fax Long Dist Telepbooe Chrgs Mileage/Travel Postage Reimbursables Totals Chiifc 75.15 1.50 0.33 58.40 4.57 $139.95 Billing Group Total: Project Totals: $139.95 ***Invoice Total $2349.95 BUIIog SMBOiary Currem EofiC Isia Professional Services $2,210.00 $n3,870.00 $106,080.0( Reimbursable Expenses:$139.95 $6,610.99 $6,750.9* Outside Services:SO.OO $11.40 $ll.4( Other Services and Fees:50.00 SO.OO $0.0( Finance Giarges:S0.00 $0.00 $0.0< Taxes:SO.OO $0.00 SO.OC Total:$2,549.95 $110,492.39 $112.842 3* : ouna uAui iL REQUEST FOR COUNCIL ACTION JAN 2 6 2004 CITY OF ORONO DATE: Juaaiy 23,2004 ITEM NO: H Department Approval: Nanc Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Navarre Fire Station Application and Certificate for Payment Numbers 6 and 7 The City has received Application and Certificate for Payment Numbers 6 and 7 from DEW, the General Contractor, in the amounts! 165,1 87.00 and $83,188.72. The applications for payment have been reviewed and approved by the architect and project manager. COUNCIL ACTION REQUESTED: Motion to ^>prove the Application and Certificate for Payment Numbers 6 and 7, in the amounts of $165,187.00 and $83,188.72, to be paid from the Navarre Fire Station Construction Fund. ■t: i BKV O R O U «> Cnali i! Data: January 20.20Q< AtUnUen^jgggBEK Addran; ^JiyafOrono.^ 2750 KaHay*Krt;<;^ ^ ProJactNp.: 1124.10 222Nenh2ndStrMt Mlnn«poil«.MNSS40l nie(M4l2-339-37S2 Fw«l2-339-«2l2 WE ARE SENDING YOU: ^»opdrm»inf> O Changa order Q Other TRANSMITTED VIA: □mu □ MMMngtr ***060^ Ro: Navarre Fire Station Cf?VopQ^^ □ Phnu □ Plant □ Samplat □ SMc4>cationt □ Copy of tenar □ Fa* □ Othan COPlt s [jATt NO OFSCRIPTION 2 ftyment Application No. 7 THESE ARE TRANSMITTED ai chackod balow: d For approval d For your use d As requested d For review and comment □ FOR BIDS DUE______ S Approved as submitCad Zl Approved as noted m Returned for corrections Other_______ □ Resubmit r~l Submit_ I I Return copies for approval copies for distrfttution corrected prints □ PRINTS RETURNED AFTER LOAN TO US REMARKS: Enclosed are two copies of Payment Application No. 7 for work performed on the Navarre Fire Station. This application has been reviewed and certified in the amount <d $83,188.72. Please r«nit payment agalntt this applicatioa Regards. Nan Gustafson COPY TO: Bin Wokers. Constructive Ideas. 901 Jefferson Avenue. Suka 300. St tad, MN SSIdi Brad Berke. DEW Corporation. 2I2S Century Avenue. North St Pad. MN SSI09 F8e a\l 124. l(foMi\c»a4m eviww ii||MNU.U3CM dUL i It PAYMENT APPUCATION TO: Pag« 1 FROM: FOR: CityofOrono 2750 Kelley Parkway Ororw.MN 55336 AMn: Aooounto PayMile Daw Corporation 2125 Century Avenue North SI Paul. MN 55109 PROJECT NAME AND LOCATION: 03005 Navarre Fire Station 3770*3790 Shoreline Drive Orono. MN 55336 ARCHITECT: BKV Group, Inc. 222N.2ndSL Minneapolis. MN 55401 APPLICATION 0 PERIOD THRU: PROJECT «s: DATE OF CONTRACT: 7 OisIraMtian to: 01/0W2004 OWNER H ARCHITECT 07/01/2003 S) CONTRACTOR□□ CONTRACTOR'S SUMMARY OF WORK AppNcailon Is mads lor payment as shown below. Conlinualion Page Is attached. 1. CONTRACT AMOUNT 2. SUM OF AU CHANGE ORDERS 3. CURRENT CONTRACT AMOUNT 4. TOTAL COMPLETED AND STORED (1.136,000.00 $10,657.00 (Line 1 */- 2)$1,146,857.00 (Column O on Conlinualion Page) 5. RETAMAOE: a. 5.00% of Completed Work (Columna 0 ♦ E on Coninualion Page) b. 5G0% of Material Stored (Column F on CorNnuallon Page) Total RaMnaga (Line 5a ♦ 5b or Column I on Conlinualion Page) 6. TOTAL COMPLETED AND STORED LESS RETAINAGC (Line 4 minus Line 5 Total) 7. LESS PREVIOUS PAYMENT APPLICATIONS GJne 6 bom prior AppUcalion) 8. PAYMENT DUE 0. BALANCE TO COMPLETION (Line 3 minus Line 6) $57,443.00 $1,146,857.00 $57,443.00 $0.00 $57,443.00 $1,091,414.00 $1,008,225.26 $63,118.72 SLM4MARY OF CHANGE ORDERS AOOmONS DEDUCTK3NS Total changes approved In previoua montie $0.00 $0.00 Total approved Ms monti $10,857.00 $0.00 TOTALS $10,857.00 $0.00 NET CHANGES $10,857.00 PAYMENT APPLICATION Conirscior ’s signature below Is his assurance to Owner, concerning 8ie payment herein appled far. that (1) the Work has been performed as reriuired in the Contract Documents. (2) al sums previously paid to Cortlractor under the Contract have bean used to pay Contractor's costs for labor, materials and other obligations under the Contract lor Work previously paid ter, and (3) Conkactor Is legally entitled to this paymenL CONTRACTOR: By: OewC 01/09/2004 S. Daw, Presidant Slate of: Mtonesota Counlyof: Ramsey Subacribad ar>d sworn to before me this 9Vi day of January 2004 tammy J NELSON j‘4-.r ^ NOTAPYliOBUC teNNISOTA { w; WrCo>wiiaKnFieMrtJai3l,aH NotaryPubic: Tammy J. Nelson My Commission E/ipires: January 31.2005 ONARCHITECTS CERTIFICATI ArchHecTs signahire below is his assurance to Owner, concerning Ihe payment herein applied tor, that (1) ArcfiHact has inspecied lie Work represented by Ihis Application. (2) such Work has been oornpleted to tie extent indtoated In ttiis Applicalion, and the qu^ty of workrnanship and materials conforms wHh the Contract Documents, (3) tils Applicalion for Payment accurately slates tie wnount of Work completed and payment due tierefor, and (4) ArchllecI knows of no reason why payment should not be made. CERTIFIED AMOUNT..^15:<..Vfc£!.:.l.Tr: (If (he oerftisd amount is dlfflsrenf from (he poymoni duo, you should ottoch on explanation iniliai at (he ifaures (hat am changed to match (he certiited amount) Data: nor payment applied for herein is assignable or negolable.Pt^mentsfai be rnM only to Contractor, and is Mtnul praiudica to any rights of Oener or Contractor under tie CoMrad Documents or otwrwteo. OSS. INC. DOCUMENT ■ 'I -, *s' ■ ■; ;-;i dONTINUATION PAGE P;i0o2ol 3 PROJECT; Payment AppKcalion containing Contactor's signature is attached. 03005 Navarre Fire Station B WORK OESCRtPTION General Conditions Bonds EarttwNMfc SitaUlilies Asphalt Paving Site Concrete Landscaping Concrete Maaonry Pracast Concrete Arch Precast Steal FaMcation Steel Erection Rough Carpentry Waterproofing Rooting Cauaung HM/Doors/Hardware Overhead Doors At. Clad Wood WindOM Al. Glass & Glazing Ceramic TNe Acoustical CeingTite Epoxy Flooring Carpat/ResMIs nt Painting ToiMPat«llons ToM Acoasaortes SUB-TOTALS SCHEDULED AMOUNT $9,283.00 $11,715.00 $35,696.00 $8,700.00 $35,323.00 $13,102.00 $6,400.00 $46,840.00 $3,657.00 $9,345.00 $5,919.00 $9,952.00 $11,409.00 $7,130.00 $2.640.u0 $11,500.00 $6,339.00 $11,178.00 $711.00 $2,140.00 $747,494.50 CONTINUATION PAGE FOR PAYMENT APPLICATION APPUCATION m DATE OF APPLICATION: PERIOD THRU: PROJECT is: 01/0W2004 01/0912004 D I E COMPLETED WORK AMOUNT PREVIOUS PERIODS AMOUNT THIS PERIOD $121,543.78 $5,143.72 $9,994.00 $0.00 $25,645.00 $0.00 1 $11,900.00 $0.00 • $16,857.00 $0.00 ) $4,950.00 $0.00 ' $17,502.00 $0.00 $41,200.00 $0.00 $241,700.00 $0.00 $9,283.00 $0.00 $11,715.00 $0.00 $35,647 00 $49.00 $8,700.00 $0.00 $35,323.00 $0.00 $13,102.00 $0.00 $6,400.00 $0.00 $46,040.00 $0.00 $3,657.00 $0.00 $0,694.50 $650.50 $5,919.00 $0.00 $9,952.00 $0.00 $11,409.00 $0.00 $7,130.00 $0.00 $0.00 $2,640.00 $4,025.00 $7,475.00 $4,247.00 $2,092.00 $0.00 $11,178.00 $711.00 $0.00 $2,140.00 ________$0.00 $718,266.28 $29,220.22 STORED MATERIALS (NOT INDORE $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 TOTAL COMPLETED AND STORED (D ♦ E ♦ F) PERCENT COMPLETE (G/C) $126,687.50 $9,994.00 $25,645.00 $11,900.00 $16,857.00 $4,950.00 $17,582.00 $41,200.00 $241,700.00 $9,203.00 $11,715.00 $35,696.00 $0,700.00 $35,323.00 $13,102.00 $6,400.00 $48,040.00 $3,657.00 $9,345.00 $5,919.00 $9,952.00 $11,409.00 $7,130.00 $2,640.00 $11,500.00 $6,339.00 $11.17a00 $711.00 $2,140.00 $747,494.50 BALANCE TO COMPLETION (C-G) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $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 I RETAINAGE (IF VARIABLE $6,334.00 $500.00 $1,282.00 $595.00 $043.00 $248.00 $079.00 $2,060.00 $12,005.00 $464.00 $586.00 $1,765.00 $435.00 $1,766.00 $655.00 $320.00 $2.442JW $183.00 $467.00 $296.00 $496.00 $570.00 $357.00 $132.00 $575.00 $317.00 $559.00 $3600 $10700 $37,376.00 QSS. INC. DOCUMENT m ~<r' 1 ” *. CONTINUATION PAGE Page 3 of 3 PROJECT: Paymanl Apptcalon oontafnlng Contrador’t signatun is attactwd. 03005 Navano Fin Slalion APPUCATION# DATEOFAPPUCATION PERIOD THRU PROJECT «• 01/0W2004 01/000004 B WORK DESCRIPTION Looksrs LoiMam Visual ONpIsir Bosnia Firs EaHngulalisra Mac. SpodaWsa Floor Mata ManOfying Osviooa RoaUonlial/Ippiancss Cram Window BlnOs Maehanlcal Hts Praia clliNi EtscMcal cost TOTALS c 0 ------------F G H 1 SCHEDULED COMPLE TED WORK STORED TOTAL PERCENT BALANCE AMOUNT AMOUNT AMOUNT MATERIALS COMPLETED AND COMPLETE TO RETAINAGE PREVIOUS THIS PERIOD (NOT INDORE)STORED (0/C)COMPLETION OF VARIABLE PERIODS (O^E + F)iC-C) $7,200.00 $0.00 $7,280.00 $0.00 $7,260.00 100%$0.00 $364.00$244.00 $244.00 $0.00 $0.00 $244.00 100%$0.00 $12.00$012.00 $0.00 $81Z00 $0.00 $812.00 100%$0.00 $41.00$350.00 $47.00 $303.00 $0.00 $350.00 100%$0.00 $18.00$060.00 $0.00 $060.00 $0.00 $960.00 100%$0.00 $48.00$1,01500 $0.00 $1,015.00 $0.00 $1,915.00 100%$0.00 $96.00$7,554.00 $7,554.00 $0.00 $0.00 $7,554.00 100%$0.00 $378.00$4,466.00 $0.00 $4,466.00 10.00 $4,466.00 100%$0.00 $223.00$6,700.50 $3,375.00 $3,334.50 $0.00 $6,700.50 100%10.00 $335.00$1,655.00 $0.00 $1,655.00 $0.00 $1,655.00 100%$0.00 $83.00$236,000.00 $214,471.00 $21,520.00 $0.00 $236,000.00 100%w.oo 111 MOOD$1Z560.00 $12,333.00 $227.00 $0.00 $12,560.00 100%$0.00 $828.00$110,000.00 $105,000.00 $5,000.00 $0.00 $110,000.00 •00%$0.00 $S.S00.l<0$10,657.00 $0.00 $10,857.00 $0.00 $10,657.00 100%$0.00 $543.00 11.148.857.00 $1,081,200.28 $87,586.72 $0.00 S1.148.857.00 100% 1 $0.00 $87,443.00 J 088. me. DOCUMENT BKVG It O U f At€Nmeatm 222 Nenh 3nd SuMt MiniMipoliiw MN 5S40I nwM «I2-339 37S2 Fw«l2*32t-«2I2 Dst« Januwy IS. 2004 Acetfidoff^Kon Hooml, Addr«st:‘'OiyorOrono ^ 2750 Kdky hrIcwBy Orano. MN 55336 Pra|KtNM 1124.10 Ra: Navarra Ftr« Station cirroF Wf ARE SENDING YOU: Shop drawin|i DPrtnu Oplant QSiniplat Q Spadfkationt QCopyonittar QOianga order Q Other □ Mesieniir □ Fa* Q OdienTRANSHITTEO VIA:□ mu i wf' 1 i s OA I {Ni )OFSCRIPTION 2 hymenc Application No. 6 THESE ARE TRANSNITTED as chackod bolow: Appravod as subfnktod Approved as noted Returned for corrections Other For approval MM For your use As requested □ a For review and commeiW □ FOR BIDS DUE C] Resubmit r~l Submit_ Q Return copies for approval copies for distHbutior corrected prints □ PRINTS RETURNED AFTER LOAN TO US RSHARKS: Enclosed are two copies of Rsyment Application Na 6 for work performed on the Navarre Fke Siacioa This application has been reviewed and certified in the amount of $165,187.00. Please remit payment afsintt thb yplkathm. R^ards. Nan Gustafton CO^TO: SiN Wokers. Constructive Ideas. 901 Jcffcnon Avenue. Suite 300. Sc ftuLMN 55102 Brad Bvitt. DEW Corporation. 2125 Century Avenue. North Sc ftuL MN SSI09 Fie CM IlCKfovskae-OC ewaar nfj M dec ire aer « Mtae, hapy ieeiy 0 K WMk PHMiai/tS«4 t I [K PAYMENT APPLICATION TO; CUyofOrono 2750 Kaiiey Paikway Orono, MN 55330 AUn: Acoounla Payal le FROM: Daw CorporaUoii 2125 CrnHuty Avenue North St Paul. MN 55100 FOR: PROJECT 03005 3770^1790 Shoredne Ohv« Orono, MN 55336 ARCHITECT: BKV Group, Inc. 222N.2ndSL Mimoapollt, MN 55401 Page 1 APPLICATION# PERIOD THRU: PROJECT «s: DATE OF CONTRACT: 6 Dolribulion Ui. 12/12T2003 (^1 OWNER Ixl ARCHITECT 07/01/2003 1x1 CONTRACTOR□ LI CONTRACTOR'S SUMMARY OF WORK Applcallon to mado for paymoni as shown below. ConHnuallon Page to altachod. 1. CONTRACT AMOUNT 2. SUM OF AU. CHANGE ORDERS 3. CURRENTCONTRACTAMOUNT (Une 1 «/■ 2) 4. TOTAL COMPLETED AND STORED (Cohimn O on Conlinualion Pago) 5. RETAMAOE; a. 5.00% of Comptolad Work (Columns D ♦ u on ConNnuaUon Page) b. 5.00% of Matorlal Stored (Column F on Conlinualton Page) Total Retalnage (Une Sa ♦ Sb or Column I on ConlinuaUon Page) 6. total COMPLETED AND STORED LESS RETAMAOE (Une 4 mlnue Une 5 Total) 7. LESS PREVIOUS PAYMENT APPLICATIONS (Une 6 Irom prtor AppMcalton) 8 PAYMENT DUE 9 BALANCE TO COMPLETION (Une 3 minus Une 6) $129,774.72 $1,138,000.00 $0.00 $1,138,000.00 $1,061,290.28 $53,005.00 $0.00 $53,065.00 $1,006,225.20 $043,038.28 $185,187.00 summary of change orders ADDITIONS DEDUCTIONS "" Total changM approved to prevtous montrs $0.00 $0.00 Jolal approved toto monlh $0.00 $006 “ _________ totals '$0.00 $000 NET CHANGES $0.00 PAYMENT APPLICATION ^ assurance to Owner, ooncerning Ihe paymeni hereto applied lor. Ihat (1) Ihe Work has been performed as requited to Ihe Coniract Documenls, (2) all sums previously paid to Comraclor under Ihe Coniract have been used to pay Conbactor*s costs for labor k^fttl^i^l*toUilspST^^ Coniract tor Work previously pM tor. and (3) Coniractor to CONTRACTOR: By: Dew Corpor Dale:12/12/2003 State of: Minnesota County of: Ramsey Robert S. Dew, President i « Subscribed and sworn to before me Oils 12lh day of December 2(X)3 Notary Public: Tammy J. Nelson My Commission Empires: Januaty31. ARCHITECrS CERTIFICATiONtIon s'.f • lAiV'^^MNU^ON V MBtCSOlA a ^ ‘ *•* MyCc«wrs'"005 -V*- 0 1 ArriiH^ssii^hmbetow to hto assurance to Owner, concerning Ihe payrnent hereto applied tor. Ihat: (1) Architect has inspected toe Work ropresenled by toto Appacakon. (2) sudi Work has been compielod to toe eideni todicaled to tois Applicsiion, and Ihe quaMy of workmanship and matariato contotTO w«lh toe ConiracI Documenls, (3) this Appticalion tor PaytttstM sccuralsly slates too amoutrl Of WoTK oomptatad and payment due therefor. aixJ (4) Architect Knows of no reason why payment should not be made. CERTMIEO AMOUNT..... _\ (If Ihe crniUml emouni is dmetent from the paymenf dbe. you should attach en esplenetion, IndieleK the figures Ihe^chenged to metUi ihe certified emount ) B] Annaralinn ntw .ppB-j i~ ■----- nSUnkSlfc ruilllltoll lIlM QbS.INC. DOCUMENT ' tv CONTINUATION PAGE Payment AppHcalkm containing Conliaclor's signature Is attached. UJOUfj Navaiie Fite Station Al'I'LlCAtlONff DATE OF APPUCATION PERIOD THRU PROJECT His 12/12/2003 12/12/2003 B WORK DESCRIPTION SCHEDULED AMOUNT 1 I Genwal Conditions 2 I Bonds Earthwoifc SileUliWIes Asghalt Paving SMeConoete Landscaping Conaeta Maaoniy Precast Concrete Arch Precast Sleet Fabrication Steel Erection Rough Carpentry Mllieorfc Waterproofing Roofing CautWng HM/Ooors/Hardwara Oveniead Doors Al. Clad Wood Wlndonvs Al. Glass A Glazing Ceramic THe Acoustical CeHing TNo Eposy Flooring Carpel/Resifieni Painting ToHetParlilions '<i9 I Toilet Accessories SUB-TOTALS 126,687.50 S9.094.00 $25,645.00 $11,900.00 $16,857.00 $4,950.00 $17,582.00 $41,200.00 $241,700.00 $9,203.00 $11,715.00 $35,696.00 $8,700.00 $35,323.00 $13,102.00 $6,400.00 $48,040.00 $3,657.00 $9,345.00 $5,919.00 $9,952.00 $11,409.00 $7,130.00 $2,640.00 $11,500.00 $6,339.00 $11.17800 $711.00 $2,140.00 $747,494.50 P I E COMPLETED WORK AMOUNT PREVIOUS PERIODS $102,464.78 $9,094.00 $25,645.00 $11,900.00 $12,350.00 $4,950.00 $17,582 00 $41,200.00 $241,700.00 $9,283.00 $11,715.00 $35,647.00 $8,700.00 $31,800.00 $0.00 $6,400.00 $48,840.00 $1,828 00 $5.27550 $0 00 $9,952.00 $5,500.00 $0.00 $0.00 $4,025.00 $4,247.00 $0.00 $0.00 $0.00 $650,998.28 CONTINUATION PAGE FOR PAYMENT APPUCATION AMOUNT THIS PERIOD $19,079.00 $0.00 $0.00 $0.00 K507.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,523.00 $13,102.00 $0 00 $0.00 $1,829.00 $3,419.00 $5,919.00 $0.00 $5,909.00 $7,130.00 $0.00 $0.00 $000 $0.00 $711.00 $2,140 00 $67,268.00 STORED MATERIALS (NOT IN D OR E $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $000 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL COMPLETED AND STORED (D ♦ E ♦ F) $121,543.78 $9,994.00 $25,645.00 $11,900.00 $16,857 00 $4,950 00 $17,582.00 $41,200.00 $241.700 00 $9,283.00 $11,715.00 $35,647.00 $8,700.00 $35,323.00 $13,10Z00 $6,400.00 $48,840.00 $3,657.00 $8,694.50 $5,919.00 $9,952 00 $11.40900 $7,130.00 $0.00 $4,02500 $4,247.00 $0.00 $711.00 $2,140.00 $718,268.28 PERCENT COMPLETE (G/C) BALANCE TO COMPLETION (C-G) I RETAINAGE (IF VARIABLE $5,143.72 $0.00 $0.00 $0.00 $0.00 $0.00 $2,640.00 $7,475.00 $2,092.00 $11,170.00 $0.00 $0.00 $29,220.22 $6,077.00 $500.00 $1,282.00 $595.00 $643.00 $246.00 $879.00 $2,06000 $12,085 00 $464.00 $586 00 $1,782.00 $435.00 $1,766.00 $655.00 $320.00 $2,442.00 $103.00 $435.00 $296.00 $498.00 $570.00 $357.00 $0.00 $201.00 $212.00 $0 00 $36.00 $107.00 $35,914.00 OSS. INC. DOCUMENT ■ on I . C ontinuation PAGE Page 3 of 3 PaynwfM A(i|illGalan oonlaMng (kmiraclof'a signalure is aHadte^ 0300S Navarre Fife Stallon APPUCATION# DATE OF APPUCATION PERIOOTHRU PROJECT «• 12/120003 12/120003 WORK DESCRIPTION SCHEDULED AMOUNT COMI>LETUUWOUK AMOUNT PREVIOUS PERIODS STORED MATERIALSAMOUNT THIS PERIOD I (NOTINDORE) total I PERCENT COMPLETED AND COMPLETE STORED (D ♦ E ♦ F) (0/C) Lodiare Louvsre Visual OttplayOoanto Fire EaNneuWiara MIsc. SpadaMes Floor Mala MsnWyingOovIcos RasidanllalAiiplances Crane Window Blinds Mod im Ileal Fire f^olsctlon ElecMcal $F,2a0.00 5244.00 5012.00 $350.00 $900.00 $1,915.00 $7,554.00 $4,406.00 $6,700.50 $1,656.00 $230,000.00 $12,560.00 $110,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,554.00 $0.00 $3,375.00 $0.00 $113,146.00 $12,333.00 $100,000.00 $0.00 $244.00 $0.00 $47.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $101,323.00 $0.00 $5,000.00 $0.00 $244.00 $0.00 $47.00 $0.00 $0.00 $7,554.00 $0.00 $3,375.00 $0.00 $214,471.00 $12,333.00 $105,000.00 I BALANCE TO * RETAINAGE COMPLETION IC*' VARIABLE (C-G) $7,200.00 $0.00 $012.00 $303.00 $900.00 $1,915.00 $0.00 $4,400.00 $3,334.50 $1,005.00 $21,529.00 $227.00 $5,000.00 $0.00 $12.00 $0.00 $2.00 $0.00 $0.00 $370.00 $0.00 $160.00 $000 $10,724.00 $617.00 $5,290.00 totals I $1,130,000.00 I $007,400.28 CONTINUATION PAGE FOR PAYMENT APPLICATION $173.88^00 $0.00 $1,061:290.20 93%$70,700.72 $53,005.00 OSS. INC. DOCUMENT r COliwrii f.lPETING JAN 2 6 2004 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date: 1/26/04 Item No: /2- Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good Chief of Police Item Description: Adopt Hennepin County Hazard Mitigation Plan Exhibits: Available on CD through the Police Department DISCUSSION The Federal Emergency Management Agency determined in the Mitigation Act of 2000 that each city must have a hazard mitigation plan. If a jurisdiction does not have a hazard mitigation plan, disaster funds may be limited in the future. Hennepin County Emergency Preparedness received a grant to write a hazard mitigation plan to cover every city and township in the county. There was a process for extensive city and public participation. Each city/township must adopt the Hennepin County Hazard Mitigation Plan as part of its own emergency operations plan. There are no substantive changes in procedures. No funds are requested. COUNCIL ACTION REQUESTED Motion to adopt a resolution to approve the Hennepin County Hazard Mitigation plan as written. 4 1■‘I V L A RESOLUTION TO ADOPT BY ORDINANCE AN ALL HAZARD MITIGATION PLAN WHEREAS, the City Orono participated in the Hennepin County hazard mitigation planning process as established under the Hazard Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a county hazard mitigation plan; and WHEREAS, the county as part of the planning process with the cities established a public participation process and local coordination among county and neighboring local units of government, businesses and other organizations; and WHEREAS, the plan includes a risk assessment including past hazards, hazards that tlireaten the county, maps of hazards, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan includes a maintenance or implementation process including plan updates, integration of plan into other planning documents and how the county will maintain city and public participation and coordination; and WHEREAS, the draft plan was shared with state and federal agencies for review and comment; and WHEREAS, the county has notified the public of its intent to adopt the hazard mitigation plan, and has made the plan available on the Hennepin County website for public comment prior to final adoption by the city council and County Board as required by Minnesota Statutes 37S.S 1 and 394.26. NOW’ THEREFORE BE IT RESOLVED, that the City Council of the City of Orono, Minnesota formally adopts by ordinance the Hennepin County Hazard Mitigation plan as part of the City of Orono Emergency Operations Plan. Page 1 of2 V : -V* ’ Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held January 26,2004. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor s Page 2 of2 ? I REQUEST FOR COUNCIL ACTION COiiNni MPin'ING JAN 2 6 2004 CITY OF ORONO Date: 01-26-04 Item No: l3 Department Approval:Administrator Reviewed:Aeenda Section: Name: Title: Stephany G Chief of Police $ ‘ Item Description: Accept Hennepin County Emergency Management Grant Exhibits: None DISCUSSION Orono Police Chief Stephany Good applied for a training reimbursement grant through the Hennepin County Division of Emergency Management. The grant provided funding for anti terrorism training received by the end of the third quarter of 2003. Chief Good and Sgt. Kurt Erickson attended the Association of Minnesota Emergency Management Fall Conference in September 2003, which included anti-terrorism training and was covered under this grant. The City of Orono received reimbursement January 8,2004 in the amount of SI,233.16. COUNCIL ACTION REQUESTED Motion to accept Hennepin County Division of Emergency Management reimbursement grant funding for $1,233.16. • -.f m Hennepin Gninty Trenspoitation Oepaitment Hi‘nnopm 1600 Prairie Drive Medina, MN 55340-5421 763-745-7500, Phone 763-478-4000, Fax 763-478-4030,TDO www.co.hennepin.mn.us January 8,2004 Police Chief Stephany Good Orono Police Department PO Box 86 Crystal Bay, MN SS323 RE: Training Grant Reimbursements Dear Chief Good: Hennepin County has received the reimbursement disbursement from the Division of Emergency Management for the items covered under the 2002 Minnesota Anti-Terrorism Training Grant. This was only for those items requested by the end of the third quarter of 2003. Enclosed is a check for $1,233.16 for reimbursement of expenses related to the AMEM Fall Conference. If you have any questions, please contact us. Sincerely, Judy Rue. Assistant Diifudy Rue, Assistant Director Hennepin County Emergency Preparedness Division JRAVN:sn Enclosure An Bqual Opportunity Emphytr \(yjcr^ SifT. flss*> o| f Htcyded Paper -f'.'n r’VT'ftr- JAN 2 6 2004REQUEST FOR COUNCIL ACTION CITY OF OROMO DATE: 1/26/04 ITEM NO: / H Department Approval:Administrator Reviewed:Agenda Section: Name: Stepbany Tide: Chief of PoUce Item Description: Accept Resignation of Von Herman, CSO Exhibits: Letter attached DISCUSSION Jon Hennan has served the City of Orono for 18 months as a full time Community Service Officer. He has accepted a position as a police officer with the City of St. Louis Park and expects to begin in March. COUNCIL ACTION REQUESTED: Motion to accept resignation of CSO Jon Herman effective March 1,2004. M p Date: 01/13/04 To: Chief Good From: John Herman RE: My Departure Dear Chief Good, Per our conversation Tm writing this memo to let you know that I have been offered, and have accepted, a position with St. Louis Paric PD. My tentative start date is March 1. .\s we discussed. I'm willing to stay on past my two week notice to help in any way I can. I would like to take some time off somewhere at the end of January and the beginning February to take my wife on a trip. I’ll have 40 hours of vacation at that point. When I have more details about the trip, I’ll be sure to let you know. I want to thank you for the opportunity you gave me at OPD. I've learned so much in my year and a half. Sincerely, ohn Herman 1' ; f 4 i REQUEST FOR COUNCIL ACTION COllMrii *4PPj||yjQ 2 6 2004 CITY OF ORO/VODATE: 1/26/04 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name: Stephany TiUe: Chief of Police\\ct7 Item Description: Hire Full Time Conimunit>- Service Officer Exhibits: None DISCUSSION The Orono Police Department wishes to advertise for a full time community service ofiGcer. The duties of the CSO include animal law enforcement, responding to emergency call-outs for animal impound, numerous deliveries including council packages, communications equipment, evidence, transportation of squads for maintenance, police and city support duties as assigned. Ads will be placed in several area newspapers, and on the Orono Police Department web site at www.oronopolice.org. Notices will be sent to local law enforcement schools. The Police Department will conduct a written test, interview and a background investigation. The Police Department anticipates extending an offer of employment to the most qualified candidate by February 16,2004 in order that the netv candidate receive training from outgoing CSO, Jon Herman. COUNCIL ACTION REQUESTED: Motion to advertise for and extend offer of hire to CSO candidate by February 16,2004. . 'i. . m J COIlWrii MFETING REQUEST FOR COUNaL ACTION JAN 2 6 2004 DATE: Janurf^5r4Pg(»50NO ITEM NO: Department Approval: Name Lin Vee Title City Clcfk Administrator Reviewed: Item Description: List of Licenses for Council Approvaluf^il Appi Agenda Section: Licenses KENNEL LICENSE 1. Colleen and Gabriel Jabbour 985 Tonkawa Road TOBACCO LICENSE i.Lakeview Golf of Orono, Inc. Grant Wenkstem 405 North Arm Drive 2.Navarre Citgo LeRoy Koehnen 3360 Shoreline Drive 3.O’Sullivans John O’Sullivan 2420 Shadywood Road 4.O’Sullivans (Culver’s) John O’Sullivan 3340 Shoreline Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. 7. 8. jk Rick’s Market Richard Bloomquist 3333 Shoreline Drive Spring Hill Golf Club Tom Dalum 725 Sixth Avenue North Wayzata Country Club Ted Tine 200 Wayzata Boulevard West Western Convenience Store Mohamed Hamoude 2160 Wayzata Boulevard I I \ J Owner KENNEL UCENSE APPLICATION Effective January 1,2OOJ2I to December 31,200^ Property Address: Wf5)T)t^JJ^Cn. Mailing Address (if different):. (include ci^ and zip) Phone: (hoaw) ) (wosl^. residential Kennel License Fee: $2S.OO (payment must accompany application) MaximumNo. of dogs to be kept at one time: 3 (over 6 Domhs of agrt Principal Breed: I O la) Purpose for more than 2 dogs: HI 0Dn/)4A/lP ^ Dogs normally kept: «inside____tennel struedire in ^ Mt uj ! In \/if>ib(ip COMMERCIAL 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; ^e undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the Ci^ 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 3.36 including any special conditions imposed by the CiQr Council as part of any kennel license af^roval. Applicant /2//Va1 Date For City Use Ontv Kennel inspected by Recommends: Apptwal^ Date^//x5/oY ? ?■ 1. 2. 3. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES • y ^ Make check payable Co: City of Orono Mailing address:P.O.Box 66 . Ciystal Bay, MN 55323 FEE: $100.00 (February 1 -January 31) DATE A|»licanfa Full Name FIRST f /lAknKsier #\/ MIDDLE LAST Applicant ’s Home Address *7/0 a) . Skofo Dr. U , HOUSE NUMBER r^OUA ___________ STREET ^ 7^ - V■X^9 HOME PHONE CITY STATE Applicant's Business Golj Ceuri^ OFBDSI ^SZ ' 3Hsn TYPEOFBDSINESS LaKevtti^_________^<>1/ Qfono “fnct BUSINESS NAME » ' *7/0 A). SKoro Or . W • /H/x AfJfcM_____________ BUSINESS PHONE Arrn . MAIUNG ADDRESS STREET ADDRESS CITY Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee takes place » » X/ c4$fi Ai/ Tirtc Kgjr 4i\j^ Sr fCL^UlA^ 4'^i><rrA^ |^ro»v\ SccuD>v\ 6^ SCcur<<A. eAraUL^ fee/iltFiX. tMv nJ)l>acCQ t4sA^ Ccu^t^^ ' / HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO. TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO, ^ignatura J-S'OV Dtt* TIm/uiMnc* of • icv/iM uocMr Mis onfiMne* «Mr te oonaiidmtf a prMtog* and nor an abaolM* figM or 0W jIppiBWif and «AMT not •flOHt «M AoliMr 10 «n Mtomatic nntwaf or CM Ite/ut. r:-r/9S2I M M-i.iiMH •irrri'* ■nr-a ^CW^vih'.i k rii.:. 1. 2. 3. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (OrdiuaccNo. IM. S*cea4 Scrim • Adayttri IMt^) Make check payable to: City of Orooo Maihng address: FEE: $100.00 (February 1-January 31) Applicanfa Full Name jLife. _______ P.O. Box 66 Crystal Bay, MN 55323 a \- fi- f DATE FIRST MIDDLE Applicanfa Home Address HOUSE NUMBER STREET Sifv STATE ZIP HOMEPHONE Applicant's Business TYPE Of BUSINESS CL. iVo, /> BUSINESS NAME ' BUSINESS PHONE STREET ADDRESS MAILINO ADDRESS 5T39 ti' 4. Describe how the actual physical exchange of the tobacco, tobacco product or tobacco rented devicetetween the customer and the licensee or employee takes Place. /{pyfu C^<L.^rJCLx, ~ *4^ / HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO. TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWSOE THE ST^E OF MINNESOTA AND THE ORDINANCES OF THE CITY OFORQNO. ^ ' Otm 71m Amumo* or « fcwiM umSf IMa onMnanot sAa« ft* oonsMinKr a priviig* Mtf nor an aSaoU* ffaM «f Ita in/fcanT end aitf/n( •nee tfM AoUtr to an «4kMMtc (wwmW orn» icMM. &'a:- Vii«r.'t:a.;-, 1. 2. 3. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND 3 TOBACCO RELATED DEVICES t (Or«UMcNo.lM.Scc«i4Sttk*-A4op<(dlMM7) ‘ ^ Make check payable to: City of Orono f Mailing address:P.O.Box66 • Cryttal Bay, MN SS323 FEE: It "I'l'(February 1 -January 31) DATE ///r/g7 Applicant's Full Name FIRST /P 'Suli-iv^aa/ MIDDLE LAST Applicant's Home Address HOUSE NUMBER STREET CITY ///a/ _76 3 HOME PHONE STATE AMlicant's Business TYPE OF BUSINESS U LL»{MtOS BUSINESS NAME BUSINESS PHONE p. 0. Bd C /l//» . rfitt/ ^f39z MAILING ADDRESS ^ STREET ADDRESS £'S'7f2^ CITY Describe how the actual physical exchange of the tobacco, tobacco product or tobacco related device between tlw customer and the licensee or employee takes pl«ce.____yU2<fr<^U^ CeuaJit^"^____________ / HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO, TOBACCO WOOl/CrS, OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO. / II Th&iuu9nn6iBSc9nmund9r9ii»otdkmK9 9Mb§contidm9d9pri^i9g9§n^noim§b9Qkd§rigfitoi9m§fifiSe§nt f * 1. 3. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES -V (OrdiuMi \ IM.SccoadS«rin-Adopltd IVmirt) ‘ Make check payable to: City of Orono Mailing address:P.O. Box 66 • Ciystal Bay, MN 55323 FEE: $100.00 (February 1-January 31)// Iflov DATE Applicanfa Full Name A 14At.* FIRST MIDDLE LAST 2. Applicant ’s Home Address ffi HOUSE NUMBER 'vd399 STREET HOME PHONE S'S’:?fl crrv STATE Applicant's Business TYPE OF BUSINESS f) 'Su LLit/ BUSINESS NAME 1 0 .fteic &r J 9s Z~^7i ~09f^ BUSINESS PHONE “ MAILING ADDRESS STREET ADDRESS S'JT?9'2- CITY Describe how the actual physical exchange of the tobacco, tobacco product, or tobac co { HEREBY MAKE APH.ICATION FOR LICENSE TO SELL TOBACCO, TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO. Av. ^ SSnaturt Date Thtlssuanaof»totnMunavmonlkme»th»tb9con$kki9d§piMigtananotanabtolumrigMef»mm>fifcmt •ntf alMl nor •flMM tfw AoMtr (0 an Mtomatfc /anawal or tfw fcMM. Jan 22 04 03:49p RICKS IIsKp frartiTV OMROliO 9524719166 tfUllMIII ^ On/DOl P*fll p* 1 1. application for license to SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES Ui-> Make chcdt pajraUt to: CHy rfOrtoa Mtoitog a«toti :r.O.B«aM Cfytial MN SS323 PgE: $100.00 (Ftbruary 1-January 31)oaTC Afiplieanffe Full Nama je/6W/9J^^nm-------------- /5v: ^ lAfif AppHeanf • Hom# Addraaa " .... 9f2, V¥^ -f/fy CITY /♦ta/ TW ItdiSf ^fse.y —ar—‘ AppBeanfa Biisinaaa . TYPiWIUiuNna 9s^ 4^7/- TvaiaaaiWNaw j(*/y:ArS /yj/P^yec^V waroBSR Oi..Ljm.—i ^-----------------~27f^ * I MMtaay aaiftf APPUCATION FOR LICENSe TO seu. TOBACCO. TOBACCO products , or TOBACCORELATEDOCVtCES at TH£ABO\/t location SUBJBCT OPORONO ^ i 1. 2. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVIC ES,- (OrdiMMcNo. IM.SK<M4Scrict.l2M/f7^1CEIVED Make check payable to: City of Orono JAN 1 4 2004 Mailing address: CnVOFORONO FEE: $100.00 (February 1-January 31) Applicants Full Name P.O. Boi 66 Crystal Bay, him 55323 \-1-oV. ' DATE FIRST Applicanf s Home Address AAlDOtE LAST HOUSE NUMBER STREET HOME PHONE CITY STATE 3. Applicenfs Businessimlicenfs Bii W CUi 473 TYPE OF BUSINESSWiM mu ftflif cuJp busuIess ' (Vth faul lo MAILING ADDRESS BUSINESS PHONE taufk AuA (t STREET ADDRESS Aroi\o CITY ^11} Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco^tated^devh^ O^jHIcensee c|r em^c^ee takes JOF( / HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO. TOBACCO PRODUCTS, OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO. rwAm»C\JiM n. iawM. . iiaa. inMr MI onMra. iM M COIMMM • p«*gt M u «| lUMAlWK M (WKM antf alM« fwr efittn tfw AoUtr to «n Mtonwfie fWMiMil cT tfw ItesnM. r TTT- .• e « 1. 2. 3. 1 APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (OrdluM* N«i. IM. S*co«« Serif* - A4«flH I3/N/97) Make check payable to: City of Orono MaiUng address:P.O. Box 66 Ciystal Bay, 5S323 (If.■ }> FEE: $100.00 (February 1*January 31)/-r^/ DATE Applicanfs Full Name Tib FIRST Applicanfs Home Address MIDDLE LAST HOUSE NUMBER STREET HOME PHONE emr STATE Applicanfs Business dJs.^k TYPEOnSuilNESS BUSINE <i/a SSNAME /r/ BUSINESS PHONE JOC iSlili STREET ADDRESS U)d.^%.».Ur Xis%/ MAIUNO ADDRESS Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco r^ted device between the customer and the licensee or employee takes place. ir rko^ iitv I HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO. TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY /-t-oY Date «itf aftaf <w( teiHl* a. AoMar to «i MfomMe iwwnr or It. 1. 3. 4. UIm! APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (OrdlMACC Nob lii» SecfNid Series • Adopted 12W97) Make check payable to: City of Orono Mailing address: P.O. Box 66 FEE: $100.00 (February 1-January 31) Applicant's Full Name MiFIRST Crystal Bay,MI« 55321 DATE •. T> MIDDLE ^ LAST 0' 2. Applicant's Home Address y-/3yJ HOUSE criv V STATE " ZIP art ^ g ■? r-14'J-i HOME PHONE plicanfs Business) Business BUSINESS NAME Z//^0 MAILING ADDRESS ^rt - 7 ‘/r- oc/vg BUSINESS PHONE STmETADORESS . >-y? ZIP Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee takes Pl*c®‘-------—jTt? £Q—><— -Wr> I HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO, TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO. / OMa Dm lUMoc* or a «c*nM unWr Ms onftianoa «MI te oonjiWnitf • prMtoga antf nor wi aftaoMi ASM cfM aiitf sMT nor anew Sa MUv to an autoniallc «afla««r or lha fcanaa. CITY OF ORONO Of/: *Check Detail Registef® 4 7:29 PM Page 1 COIIM''" MFETING m 2 6 2004 JANUARY 2004 CITY OF ORONO I PiMCMii 1/26/20M AJ. OALLAOHER ft CO OF MN, MC E 101-42110-370 IraunnMAQMtofRMonf 1910.00 27091 E 101-41900-370 lnMjrano»A0MlorRMWd $590.00 27091 E 613-49630-370 lewirnw Ajtwt of RtcoiO $75.00 27091 E 601-49400-370 Inturonoo Agont of Rooonl $60.00 27091 E 602-49450-370 liminnoo Aoonl of Rooofd $185.00 27091 IMQIrItttAgaflt 1st Qtr Ins Aoonl IstOtrlfwAgonl 4olQlrlnsAgonl Id Qitins/tgonl Total AJ.OAUAOHERftCOOFIIN.iiiC $1,800.00 PakICMi* o^bil 1/26/2004 AftRA AUTO BODY 0101-20200 AoooumsPayablB ToW ARRAAUTOBOOY $56.37 34792 20YearWalciMS $56.37 Pah^CNW OT7i4o 1/26/: 0101-20200 Aooounia PayaUa Total ALBERS JEINEUIY $275.52 34792 20YaarWalcftaa $275.52 PaychwOTV^AI 1/26/iUI(i4 AUkliOR PAPER “ E 101-41900-201 Offloeauop8aa Total ANCHOR PAPER 077542 1/28/2004 idOERSON. KRtSTP E101-42400-319 OOtar Pfofnakmai Sonrtoes $563.39 149681301 Copy Paper $563 39 $535.00 1/206)4 Total ANDERSON. KRISTI PaM CMit b7>543 1/26/2004 E 101-41900-201 Office Bupplas Planning Minutes -1/20 $535 00 TT"TT K REFRESHMENT SERVICES $114.00 6013-364789 E 101-42110-201 Office stippliaa $172.56 6013-364700 E 101-41900-201 Office supples $57.00 6013-364791 Tom ARAMARK refreshment SERVICES Coflee-/Mtm Codse-PO Coflee-PW $343.56 PaWCIM 077544 1/260004 ASSOC OF METRO MUNtCMAUTn E 101-41110-433 MambafsMpa ft SubacripUona $2,625.00 Tom assoc of METRO MUNICIPALITIES 2004 AMM MambaraNp $2,625.00 Paid CMM 077545 1/260004 AUTOMATIC SYSTEMS CO. E602-4945(M01 RepaksMM-Offlca Equip $517.80 15475 MaMSCAOA ToM AUTOMATIC SYSTEMS CO.$517.80 i^CWi» 077^ 1/260004 B« OF MSiNCSOTA.'stc' 0101-20200 Accounts Payable 0101-20200 Accounts Payable O 101-20200 Accounts Payable ToM $8301 $69.33 $26216 1307115 1307214 1307420 SoU Waste -12/2003 Sold Waste -12/2003 Sold Waste -120003 $414.50 Paid Cl*# 077547 0429-20200 1/260004 BKVOROUP $4.52095 21033 NavairaFiraStetiofl Tom BKVOROUP $4.52095 BUDGET PfSNTINOPaidCIMI 077548 1/26/2004 E 101J2110-201 ToM BUDGET PRINTINO i $64.44 29602 ID Cards $6444 PaidCMci 077549 1/28/ E 101-41110439 E 101-42110-212 Motor Fuels ft LubricaniB E10142110422 Postage CfTY OF ORONO PETTY CASH $10.98 $600 $934 1/26/04 1/26AM 1/266)4 Po6y C mIi Rointounomani I CITY OF ORONO *Check Detail Register® JANUARY 2004 E 10M21 10-221 E 101-42110-322 E 101-42110-322 E 101-42110422 E 101-42110-322 E 101-4S200-439 E 101-42110-212 E 101-4130CM89 E 101-41110439 E 1014130CM89 E 23149600-441 E 10141110439 E 231-45650-441 E 10142110422 E 10142110-489 E 10142110-322 E 10142110-322 E 10141900-322 Totil Equipmefit Parts A Accessories Postage Postage Meeting Eagwises Motor Fuels A Lubricants Other Mtooelaneous Charges Meeting Expenses Other Mis oelaneous Charges Meeting Expenses Uoenees A Taxes Postage Other MisoeOaneous Charges Postage Postage Postage CITY OF ORONO PETTY CASH $51.52 $6.61 $7.90 $7 90 $7 90 $19.25 $11.07 $12.34 $4.50 $34.82 $13.50 $24 00 $1350 $7.90 $3.00 $2.67 $15.80 $4.05 1/26AM 1/26AM 1/26A)4 1/26AM ^^26^04 1/26m 1/26A)4 1/26/04 1/26AM 1/26A)4 1/26AM 1/26A>4 1/26A)4 1/26A)4 1/26AM 1/26/04 1/26AM 1/26AM paHw Cash Raimbufiefnent Petty Cash Reimbursement Petty Cash Reimbursement Potty Cash Reimbursement Petty Cash Reimbursement I9ly Cesh Reimbursement Petty Cash Reimbursement Petty Cash Reimbursemont Potty Cash Reimbursemenl- Potty Cash Reimbursemant Petty Cash ReOnburiement Petty Cash Raimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Petty Cash Reimbursement Potty Cash Reimbursement Petty Cash Reimbufsement $269.55 Paid Chk# 077550 1726/2004 CROWN MARKMO INC. G101-20200 Aooounis Payable Total CROWN MARKING INC. $22.90 116937 Name Plates $22 90 Paid Chk# 077551 1/26/2004 DAHLKE TREE SERVICE E 10143000-408 Contracted Street Maint. E 10143000408 Contracted Street Maint. Total DAHLKE TREE SERVICE $1,387.50 S4 $562.50 $825.00 1/21/04 1/21/04 Banner Change - Navarre Tree Removal-Llvingston Paid Chk# 077552 1726/2004 DAVIES WATER EQUIPMENT CO. E 60149400-227 Utity System Maint. Supplies $161.57 3213137 Hydrant Parts Total DAVIES WATER EQUIPMENT CO.$161.57 Paid Chk# 077553 1/26/2004 DCA-WIRE ONLY G 101-21719 DCA/SpendingAccounto G 101-21719 DCA/Spending Accounts Total DCA-W1REONLY $162.40 $330.08 1/20/04 1/22AM Spending Acds • 1/20/04 Flex Spending 1/24/2004 $492.48 Paid Chk# 077554 1/26/2004 DELL E 10141900-201 Office supplies E 10142110-201 Office supplies $26.15 $26.14 596394800 596394800 Patch Cables Patch Cables Total DELL $52.29 Paid Chk# 077555 G 101-; 1/26/2004 DODO'S Accounts Payable $101.89 5619 Food - Work Sessions Total OOBO'S $101.89 Paid ChMk 6^&56 1/26m04 E-ERECY^JNO E 10143270-316 Contract Recycling Pickup $6.518 20 6091 Total E-ZRECYCLINQ Recycttng 1/2004 $6,518.20 Paid Chk# 077557 1/2672004 ENOttlEERiNO 0101-20200 Accounts Payable 0 SYSTEMS $148.57 960280 Tolel ENQINEERINQ REPRO SYSTEMS Copies -Fr Creek Or $148.57 Paid Chk# 077556 1/26mM ERICKSON. KURT E101421KM37 Training A Development $77.38 01/15/04 MUeage • Confsienoe \ i * 01/22«4 7:29PM Page 2 \ \ CITY OF ORONO *Check Detail Register® 01/22AM7 29PM Page 3 JANUARY 2004 ToM ERICKSON, KURT PaMCMii 077S9 1/280004^ POURTH JUDICIAL DISTRiCT E 101-42110^1 OnoesuppIlM $941.20 2004-39 T«M FOURTH JUDICIAL DISTRICT $941.^ 2004CIWlora f^aidChM 077500 V26Q004 GENERAL OFFICE PRODUCTS 0101-20200 Aooounli Payable $43.67 228143 G101-21 K> Aooounia PayaMa ToM GENERAL OFFICE PRODUCTS $10 65 228S28 $54.32 FBaKeya FieKeya PaMChhf 077561 1/260004 OERRmO*S CAR WASH E101-42110-403 RapabaMaM-Miac Equip E 101-42110402 Rapaba/MaM-Auto Equip E 101-42110403 RapabaMainl-Miac. Equ$> ToM OERRMO'S CAR WASH $6.00 1/13/04 $1650 1/3/04 $11.00 1/7/04 $35.50 CarWaali-#165 CarWaab-#177 Squad 104 1/260004 GOPHER STATE ONE-CALLPaMChhi 077562 G 601-20200 Aooounia Payable G 602-20200 Aooounia PayaMa ToM GOPHER STATE ONE-CALL $31.00 3120627 $31.00 3120627 Oeoambor Localea Oeoamber Localea $62.00 PaidCbM 077563 1/260004 ORAFIX SHOPPE 0101-20200 Aooounia Payable Total GRAFDC SHOPPE 31046 $143.78 Side Grapbica #193 Paid Chk# 077564 1/26/2004 OS DIRECT E 101-41900-201 Office auppliea Tom os DIRECT $97.06 177962 Paper, Ink - Ploller Pald Cbk# 077565 $97.06 ]iM004 HENNEPW COUNTY MFOR TECH DPT G101-20200 Aooounia Payable Total HENNEPIN COUNTY INFOR TECH OPT $60.85 23127160 $60.65 Data Baaa/toooaa Paid Cbk# 077566 1/260004 HYDRO SUPPLY CO. E 601-49400-227 UUMy SyaMn MaM. Suppbaa E 601-49400-227 UUMy Syatam Mabit SuppNes Total HYDRO SUPPLY CO. $417 82 25620 $1.085.47 25654 $1.503 29 Meler-11/T Meier - Denial Office Patd Cbk# 077567 1/26mM ICMA MEMBERSHIP RENEWAL E101-41300-433 Mambaiabipt 6 Subacdpliona $699.63 Mootae ToM KMA MEMBERSHIP RENEWALS $69963 2004 Membatabip - Mootae Paid Cbk# 077568 1/26G004 INTER-TEL (MCUOO USA) E 602-49450-401 Rapaba/Mabit-Offioo Equip E 601-40400-401 Rapaba/Malni-Offioe Equip ToM INTER-TEL (MCLEOD USA) $79.86 1223214 $79.66 1223214 $159.76 Prootam NoaM lo VM Prootam Noilol to VM Paid Cbk# 077569 1/260004 JOHNSON. LYLE 0 602-20200 Aooounia PayaMa ToM JOHNSON. LYLE $369.02 1/15/04 $360.02 Ratond - 13M Root PoM T CfM 077570 1/26/2004 KEEPERS 0101-20200 Aoooufils Payable E 101-42110-226 Clolhing A personal aquipmeni Total KEEPERS $561.50 128.70 20955 $590 20 Uniofin - Boris Baft-Boris CnY OF ORONO *Check Detail Registei® 01/22AM 7:29 PM Page 4 iANIIARY2004 CliecfcAfiil N. POTTS. PA G 231-20200 Aooounls Payable Total KENNETH N. POTTS. PA LOFFtEkbodP $32S.S0 12/11/03 2001 Durango ForMure $325.50 PakfChki 077572 U2S/2004 G 101-20200 Acoounia Payable G 101-20200 Accounts Payable G 101-20200 Accounts Payable $59.64 6441QA $40 47 84426A $68.16 84429A 4teadsel Tileglione Adapter Conf Room Mies Total LOFFLERCOMPAME8.INC $168.27 PaidChki 077573 1^6/2004 MAGIC CtEANERS G 101-20200 Accounts Payable Total MAGIC CLEANERS $38.35 23665 Blanket Cleaning $38.35 Paid Cbki 077574 1/26/2004 MET COUNCIL ENVIRONMENTAL SER G 101-20200 Accounts Payable ($13 00) 12/2003 G 101-20200 Accounts Payable $1,275 00 12/2003 Total MET COUNCIL ENVIRONMENTAL SER Dec 2003 - SAC Dec 2003-SAC $1,262.00 PaidChki 077575 1/26/2004 MET COUNCIL ENVIRONMENTAL SVC8 E 602-49450-383 M^VCC-Current Charges $23,651.33 767718 Total MET COUNCIL ENVIRONMENTAL SVeS Wastevvalef - 2/2004 $23,651.33 PaidOhki oni 76 1/26/2004 MIDINEST FUELS G 101-^0200 Accounts Payable G 101-20200 Accounts Payable G 101-20200 Accounts Payable G 101-20200 Accounts Payable Total MIDWEST FUELS $1,754.06 18682 $60392 18682 $1,107.00 19122 $3,465.27 19123 1260.1 Gals Unleaded 489 Gals Diesel 900 Gals Diesel 2493.0 Gate Unleaded $6,930.25 Paid Chki 077577 1/26/2004 rrAUCFUND G 101-20200 Accounts Payable Total MtWIESOTAUCFUND $2.358 00 7989288 Unemployment - Hendficka $2.358 00 Paid Chki 077578 MN DEPT OF HEALTH G 601-20602 Due to govts-State Total MN DEPT OF HEALTH $1,159.00 1270041 4th Qtr 2003 Con Fee $1,159.00 Paid Chki 077579 1/26/2004 MN DEPT OF REVENUE G 101-20806 Due to Govts-State Sales Tax R 601-39610 Miscelaneous Revenue R 101-34650 Pokoe Reports R 101-34210 General Taxable Sales/Servloe Total MN DEPT OF REVENUE $184.00 SlsTx12A33 $71.00 StoTx12A)3 $2000 SlsTx12A)3 $13 00 SlsTx12A)3 Sales Tax 12/2003 Sales Tax 12/2003 Sales Tax 12/2003 Sales Tax 12/2003 $288 00 Paid Chki 077580 t/26^004 MN GOVT FNi OFFICER'S ASSN E 10141500-433 Memberships 8 Subscflpbons E 101-41500433 Memberships 8 Subeorlplions Total MN GOVT FIN. OFFICER'S ASSN $40 00 Kuehn $4000 Olson 2004 Membership - Kuehn 2004 Membership - Olson $80.00 l^aidChki 077S81 ^/^6/2004 MN STATE V r^S u 0 101-20200 Accounts Peyabla 0 101-20200 Accounts Payable Total MN STATE TREASURER ($260 28) 4lh Qtr 2003 $6,507.02 4lh Qtr 2003 State Surcharge • 12/2003 State Surcharge-12G003 $6.246 74 Paid Chki 077582 1/M/MU G 101-21710 Lite Insurance $304 00 6732104 PERA Lite 1/2004 CITY OF ORONO 01/: *Check Detail Registei© 7 29 PM Pages JANUARY 2004 Totel NCPER8 GROUP LIFE INS NEXTELCOMIUMCATIONS 0101-20200 Aooounis Payabla 0613-20200 Aooounis Payable 0 602-20200 Aooounia Payable 0101-20200 Aooounis Payable 0601-20200 Aooounis Payabla Total NEXTEL COMMUNICATIONS ($425.91) 326180427 $50.88 326180427 $152.64 326180427 $254.42 326180427 $50.88 326180427 Cai Phonos IPhones Phonos Co« Phonos Cell Phonos $82.91 PakfChkf 077584 O 101- 1/26/2004 aSULUVANSAUTO Aooounis Payabto Total O^UUJVANS AUTO REPAIR $104.00 12/31/03 Dec Car Washes $104.00 Paid ChM mm P10MEER O 101-20200 /tooounis Payable 0 101-20200 Aooounis Payable 0 101-20200 Aooounis Payable G 651-20200 Aooounis Payable Total PIONEER $23.88 862 $334.32 872 $851.72 874 $39.80 877 Nolioe^ilav Lanes OrdinanoeM On6nanoe#5 NPOES- Phase II Plan $1,249.72 Paid ChWI 077586 1/26/2004 QWEST E 613-49630-340 General Advertising Total QWEST $263.10 18503636000 Oiractory/Advertising $263 10 PaMChW 077587 1/260004 RED PEDERSON UTiUTIES, INC G 602-20200 Aooounis Payable $825 25 RFP#2F G 602-20200 Aooounis Payable $8,064.00 RFP«2F EO PEDERSON imUTIES, INCTotal RFP «2/Fin - Phillips Swr Ext RFP«2/Fin - PhlMpe Swr ExI $8,889 25 l^aiddhW 077588 1/200064 SA-AOINC! G101-20200 /Aooounis Payable G101-20200 Aooounis Payable G 101-20200 Aooounis Payable Total SA-AOINC, $1,63869 34380 $1,848.33 34416 $1,299.12 34441 Road Sand Road Sand Road Sand K786.14 Paid Chki 077569 1/26/2004 SAQE PUBLICATIONS E 602-49450-433 Memberships 6 Subscriptions Total SAGE PUBLICATIONS $2500 1610856-1 424 PW Mgmt 8 Policy Subsci^lion $25.00 Paid ChW 077590 1/260004 SEWUKENEW G 101-20200 Accounts Payable $66.0: 12/31/03 AMeralions Total SEWLIKENEW $6683 Paid Chkf 077591 E 601-4940 1/260004 STATE OF MINNESOTA M41 LioenaesSTam Total STATE OF MSINESOTA $20.00 351R027293I Air Tanks - Wtr PlanI $2000 Paid Chki 077502 1/26/2064 ititElCHERi 0 101-20200 Aooounis Payabla G101-20200 Aooounis PayaMo G101-20200 Aooounis PayaMo Total ST $101.50 394312 1 $118.75 396017.1 $11.29 4021551 AHeraiions - Johnson Shirts, Qlovos-Fischar Tie,Bar-ljaa :$231 54 Paid Chkf 07T5M 1/260064 tWaiT PUBLIC LABOtMTORT------------------- G 601-20200 Aooounis PayaMo $69.00 1/1/2004 Water Tasting 1. CITY OF ORONO *Check Detail Registei^) 01/22W729PM Page 6 JANUARY 2004 ^2^Involca Cofnmefil Total TRI CITY PUBLIC LABORATORY 109.00 Paid Clik« 077594 1/26/2004 US BANK NA • WIRE ONLY £311-47000411 Bond imarest E 31147000401 OeM Srv Bond Principal E 312-47000401 OeOI Srv Bond Principal E 312-47000411 Bondinlefast E 312-47000411 Bondlntemt 0 312-10102 Caah-aRrustee E 313-47 E 313-47 E 31447C D1 Debt Sfv Bond Principal 111 Bondinlorait 01 OiM Srv Bond Principal E 31447000411 Bondinlemt E 31547000401 Debt Srv Bond Principal E 31547000411 Bondlntereit 0 315-10102 Cash-Wtruftee E 31547000411 Bond Intaiatt E 31647000411 Bond InlefafI E 31647000401 Debt Siv Bond Principal Total US BANK NA-WIRE ONLY $32,130.63 15035450 $105.000 00 15035450 $325.000 00 25167401 $38,622.51 25167401 $589.99 25167401 ($589.99) 25167401 $65,000.00 25525000 $24,436.25 25525000 $50,000.00 33385060 $20,631.25 33385060 $50,000.00 33529400 $40,904.79 33529400 ($223 14) 33529400 $223.14 33529400 $7,469.59 33539400 $160,000.00 33539400 Bond Int Due 2/1/04 Princ Due 2/1/04 Due 2/1/04 ^ Bond im Due 2/1/04 Bond im Due 2/1/041 HRATruitAA:Cash Princ Due 2/1/04 Bond Int Due 2/1/04 Princ Due 2/1/04 Bond int Due 2/1/04 Princ Due 2/1/04 Bond im Due 2/1/04 HRA Trust/V/C Cash Bond Int Due 2/1/04 Bond Int Due 2/1/04 Princ Due 2/1/04 *• I $919.395 02 ftld Chka 077595 1/26/2004 VALLEY-RICN CO G 602-20200 Accounts Payable Total VALLEY-RICH CO $5,969.16 7822 Sewer Repairs $5,969.16 Paid Chki 077596 1/26/2004 VILLAGE CHEVROLET 0101-20200 Accounts Payable O 101-20200 Accounts Payable G 101-20200 AccounU Payable 0101-20200 Accounts Payable Total VILLAGE CHEVROLET ($70.69) 16829 $48.45 16998 $15.66 21640 $31.96 24009 Credit - Return Horn-8709 Parts-8709 Parte-8431 $25.38 Paid Chki 077597 1/26/2004 WAGERS G 101-20200 Accounts Payable E 101-42110-201 Orhce supplies $146.54 20053 $113.32 22151 Toner - PO Fax Drum Kit - PD Fax Total WAGERS $259.86 Paid Chki 077598 1/26/2004 WAYZATA BAY CAR WASH G 101-20200 Accounts Payable G 101-20200 Accounts Payable G 101-20200 Accounts Payable G 101-20200 Accounts Payable _ Total WAYZATA BAY CAR WASH $9.74 5177 $8.00 5178 $9.74 5185 $9.74 5199 Car Wash - Squads Car Wash-Squads Car Wash - Squads Car Wash - Squads $37.22 Paid Chki 677599 1/26/2004 WAYZATA. CITYTf G 601-20200 Accounts Payable Total WAYZATA. CITY Of $2,793.40 4lhQtr2003 Purch Water - 4th (Xr 20(» $2,793.40 Paid Chki 077800 1^6/2004 WBitERNNEmER. AUSSA E 101-41300-319 Other Professional Sonrioas $140.00 SO CoundilAnules 1/12/04 Paid Chkf 8TWBI Total VRNTERNHEBfER.AUSSA R39 $140.00 1/26/2004 XCELI G 101-20200 Accounts Payable G 101-20200 Accounts Payable 0601-20200 Accounts Payable $1,267.70 118059677700 Electrical Service $9.42 118059677700 Elactricai Service $3.504 80 118059677700 EteCtrkariSeiVi^ CITY OF ORONO *Check Detail Register® 0t/22/D4 7:29 PM Page? r JAMVMRY2004 Ghee* Amt 0101-20200 AocouMiPayabit 0101-20200 Aooounis PayaMe 0101-20200 Aooounis PayaMa 0602-20200 AfloounlaPayaMa 0101-20200 Aooounta PayaMa 0613-20200 Aooounta PayaMa Tow XCEL ENERGY $1,296.67 $23.12 $304.22 $1,490.05 $590.04 $172.42 116060677700 ElaolficalSoivtoa 116090677700 Elaotrtoal SonA 116099677700 ElaotHoal Sanrioi 116099677700 Electrical Satvioa 110059677700 Elacirical Sarvioa 116099677700 Elaclrical Setvica $6,976.44 10100 Pri«naryCaati $1,021,462.66 Fund Summary 101 GENERAL Fura) 231 ORUOmONV FORFEITURE FUND 311 1007 HUPROVEMENT BONO 3121006 HRA REFUNOINO BONO FUND 3131009 IMPROVEMENT BONO 314 2000 MB>ROVEMENT BONO 315 2003 PUB FAC REV BOND 316 2003 Baanr RaAind Bond 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATMO FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 691 STORM WATER UTILITY OP FUND 10100 r>rimaryCaali $45,760.26 $352.90 $137,130.63 $363,822.51 $60,436.25 $70,631.25 $00,904.79 $167,469.50 K520.9S $9,523.82 $41,320.13 $561.40 $39.60 $1,021,482.66 4 : ) j i;Ii* V.“. CITY OF ORONO *Check Detail Register® 01/21/04 7 35 AM Pagel a*. . :>v JANUARY 2004 Check Amt 1^^004 RR8T NATIONAL BANK OF LAKES G 101-21701 Federal Withholding $8.072 53 G 101-21703 FICA Tax Withholding $4.147 91 G 101-21703 FICA Tax Withholding $4,147.91 Total FIRST NATIONAL BANK OF LAKES $16.368 35 K^eU 077528 1/21/2004 fCMA RETIREMENT TRUST - 487 G 101-21705 Other Retirement $626.62 Total ICMA RET1RI ENT TRUST. 467 $626 62 l^eid Chk# 077529 1/21/^ LAW ENf^ORCMENT LABOR SERVICE G 101-21707 Union Dues ^1^ 26 TcM LAW ENFORCMENT LABOR SERVICE $618 26 Paid Chkf 077530 1/21/2004 MN CNILO SUPPORT PMT CTR G 101-21712 Other Deductions $0.00 $0 00Total MN CHILD SUPPORT PMT CTR Paid Chki 077531 1/21/2004 MN DEPT OF REVENUE 0101-21702 Stale Withholding Total MN DEPT OF REVENUE $3,428.68 $3,428.68 Paid ChMP 077532 1/21/2004 MN STATE RETIREMENT SYSTEM O 101-21718 Post Employment Health Total MN STATE RETIREMENT SYSTEM $227 M PaldChWP 077533 1/21/2004 NATIONWIOE RETIREMENT SOLUTION G 101-21705 Other Rehrement $1,827.00 G 101-21705 Other Retirement $9.86 Total NATIONWIDE RETIREMENT SOLUTION $1.836 86 Paid Chkf 077534 1/21/2004 ORCHARD TRUST CO. TRUSTEEK:U3T G 101-21705 Other Retirement Total ORCHARD TRUST CO. TRUSTEEK:UST $27979 68 Paid Chkf 077535 1/21/2004 PUBLIC EMPLOYEES RETIREliENT G 101-21704 PERA $6,358.75 G 101-21704 PERA $4,975.21 Total PUBLIC EMPLOYEES RETIREMENT $11.333.96 Paid Chkf 077536 1/21/2004 UNITED WAY 0101-21708 United Way Total UNITED WAY $7000 $70 00 Paid Chkf 077537 1/21/2004 WISCONUN SCTF 0 101-21712 Other Deductiont Total WISCONSINSCTF $1M62 $184 62 10100 PrlmafyCMh $37.674 87 Fund Summary 101 GENERAL FUND 10100 Primary Cash $37,674.87 $37,674 87 FEDERAL W/H FICA S MEDICARE W/H FICA S MEDCR CITY SHARE DEFERRED COMP-302030 * UNIONDUES M Car1sonf0014164432 STATE TAX W/M i post retirement USCM-ENTITY 2339 OBRAf2343 i MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS > X)»ff«SON 0 0002756898 CITY OF ORONO 01/21/04 11:11 AM Page 1 clwck regittor Check NumlM CifiployM Nam# 053760 053781 053782 053783 053784 053785 053786 053787 053788 053789 053790 053791 053792 053793 053794 053795 053796 053797 053798 053799 053800 053801 053802 053003 053804 053805 053806 053807 053808 053809 053810 053811 053812 003145 003146 003147 003148 003149 003150 003151 003152 003153 003154 003155 003156 003157 003158 003159 003160 003161 003162 003163 003164 003165 003166 003167 003168 003169 003170 DODGE. RACHEL M. LESKINEN. DENISE M. SILUS. BARBARA G. ANDERSON. BRUCE L. BOBZIEN. SUE A. BORIS. SCOTT W. BUDIO. STACIE M DEMBOUSKI. JAYC ERICKSON. KURT R FARNIOK. CORREY L. FISCHENICH. DAN T MADSON. ADRIENNE M MCNICHOtS. DAVID L MOROWCZYNSKI. JAMES PERSELL, WILLIAM R RUSSETH, KYLE M SCHOENHOFF. JOHN B TOMCHECK. LAWRENCE F. TOMCZYK. MARKW WITTKE. ANTHONY A HERMAN. JOHN R GAFFRON. MICHAEL P MEYER. WILLIAM C. OMAN. LYLE E. VANG. BRUCE L GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L. PALMER. GREGORY A RATHBUN. BARRY J SKREEN. DALE S ROSS. JOHN A STEFFENHAGEN. RONALD MOORSE. RONALD J VEE. UNOAS KUEHN. THOMAS M OLSON. RONALD J PETTIT. SANDRA K. ANDERSON. BRUCE L. BOBZIEN. SUE A BORIS. SCOTT W BUDIG. STACIE M CORNICK. JAMES L FISCHER. CHRISTOPHER K. GOOD. STEPHANY R JOHNSON. JEFFREY MCNICHOLS. DAVID L TOMCHECK. LAWRENCE F. LEE. JOSEPH P BOLTERMAN. MATTHEW A CURTIS. MELANIE GAFFRON. MICHAEL P GAPPA. GREGORY A. GUNDLACH. JANICE J. O’.y^N. LYLE E DEBAERE. DONALD L HANSEN. STEVEN OBERAIGNER. SCOTT a OBRIEN. RANDY L P8y Psfkxi 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Cll8Cl( Amotint 81.042.63 $839.56 $443.95 $441.02 $78627 $1,431.35 $862.64 $1,581.57 $1.596 36 $1,579.51 $1.50620 $524.71 $487.44 $1.77910 $586.26 $1,244.62 $495 54 $379 25 $1,430.35 $1,474.93 $903.43 $1,426.50 $587.32 $64.72 $1,323.53 $924.37 $316.87 $450 38 $74581 $1,120.71 $1,070.35 $103.33 $1,343.17 $2,245.04 $1.26669 $1,328.20 $1,161 81 $1.102 32 $1.135 00 $110.00 $20 00 $60 00 $1.445 46 $1.416 34 $1.928 04 $1.573 36 $1.100 00 $900 00 $346 59 $1,027 27 $1,058.36 $12500 $1,81050 $1,155 07 $1.400 00 $1.184 25 $75.00 $1.31383 $500.00 ChMli Date ChMli SMiib 1/21/2G04 Outstanding 1/21/2004 Outtttndmo 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 OuUtanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2C04 Outstanding 1/21/2004 Outstandiny 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 OutstandhHI 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding 1/21/2004 Outstanding J CITY OF ORONO 01/21/0411:11 AM Page 2 check register CMck Numte Employ —Mufio Pay PoHod Chock Amount Chock Dalo Chock Staluo 003171 PALMER. GREGORY A 003172 RATHBUN. BARRY J. 2 2 $350.00 $200.00 1/21/2004 Outstanding 1/21/2004 Outslanding $Sa.237 88 V ^ . ,V V i't m • . •INFOBMATION ITEMS 1 A COUNCIL MEETING OF COUNCIL MEETING JA!I 2 6 2004 CITY OF CRONO * « 1 ^ 0 M TO:Mayor and City Council r.niiMrii mfeting JAN 2 6 2004 FROM: Ron Moorse, City Administrator CITY OF ORONO DATE:January’21,2004 SUBJECT: Schedule for Council Work Session Dates in 2004 The following work sessions dates have been scheduled for the Thursday before the first Council meeting of the month beginning at 5:30 p.m. January 29 February 5 March 4 Aprils May 6 June 10 July 8 August 5 September 9 October 7 November 4 December 9 J If : } ? f s I ‘ I ? ) i } t ft i pi Kay MtTCHEix CUM TO THE BQAtO COllwrii mpeTING JAN 2 6 2004 PHONE 6ia-54t.MII PAX6l2.54t.t70l CITY OF ORONO Board of Hennepin County Commissioners A-2400 Govbknment Center Minneafous , Minnesota ))487-0240 January 16,2004 arvoF To Whom It May Concem: Please be advised that the Hennepin County Board of Commissioners, at its Annual Organizational Meeting on January 6,2004, elected Commissioner Randy Johnson as its Chair, and Commissioner Mailt Stenglein as Vice-Chair of the County Board for 2004. The Board also appointed County Commissioners to standing committees, outside boards and commissions for 2004, as outlined in Resolution 04-1 -21. a copy of which is enclosed. Please share this information with your elected officials and other interested persons in your office. Should you have any questions on the appointment, please call the Hennepin County Clerk’s Office, at 612-348-3257 or email me at judy.chumley@co.hennepin.mn. Yours truly. JqdyCI »uty Clerk of the Board End. i) i .> rv 000001 Published in Finance and Commerce, Saturday. January 10.2004 Tuesday, January 06, 2004 « Minneapolis, Minnesota The Board of County Commissioners of Hennepin County. Minnesota, met in the Hennepin County Government Center in the City of Minneapolis, at 1:35 p.m. The meeting was called to order by Commissioner Opat, Chair, and there were present the following, as of the commencement of the meeting, with the exception of Commissioner Dorfman. who joined the proceedings during discussion of Item 3 on the agenda; Mike Opat -1st District Mark Stenglein -2nd District Gail Dorfman -3rd District (absent) Peter McLaughlin -4th District Randy Johnson -5th District Linda Koblick -6th District Penny Steele 7th District After the pledge of allegiance, Commissioner Koblick moved approval of the agenda, seconded by Commissioner McLaughlin and approved unanimously (Dorfman absent) The third item of business was organkation of the Board. Chair Opat opened the floor to nominations for Chair of the Board. Commissioner Koblick nominated Randy Johnson as Chair, seconded by Commissioner Stenglein. There being no further nominations. Commissioner Steele moved to close nominations, seconded by Commissioner Stenglein and Chair Opat ruled the nominations were dosed. A vote was taken on the nomination, as follows: YB"S: Stenglein. McLaughlin. Johnson. Koblick. Steele; NAZI'S; Opai. Dorfman. Accordingly. Randy Johnson was appointed Chair of the Board for 2004. Jim HI Agenda No: 3 H«nn«pin County, Minnesota RESOLUTION HO. 04-1-21 The rollowing Rasolution was offered by Coaalssioner Johnson, seconded by Coneissioner Koblick: BE IT RESOLVED, that the 2004 Hennepin County Board of Coaaissioners organizational structure will be as follows: BOARD COM4ITTEE8: Budget £ Capital Investeent Public Service (Transportation, Libraries, Parks, Svc. Centers) Social Services Cofluiunity Health £ MHP Public Safety £ Judiciary General Government Intergovernmental HCHC Governing Board Service Integration Policy Committee CHAIR VICI-CHAZR Stenglein StMl* Opat Koblick McLaughlin StMl* Dorfman 8t«al« Steele MeLaughlin Koblick Dorfaan Koblick Stongloin Steele Johnvon Dorfman Opat McLaughlin . Johnson Opat McLaughlin(Chair)Koblick, Johnaon Welfare Reform Executive Policr' Committee ^^sele (Chair), Dorfman, McLaughlin Alliance for Families £ Children Association of Minnesota Counties AMC District X Dorfman, Koblick McLaughlin (Board Member) Koblick, Opat Association of Minnesota Counties Voting Delegates All Commissioners Sandra Vargas Richard Johnson Mary Beth Davidson Audit Committee Opat, Stenglein Community Action for Suburban Hennepin (CASH) Board Child Abuse Evaluation Center/Cornerhouse Children's Mental Health Task Force County Extension Committee Johnson, Koblick, Steele Koblick Dorfman, Koblick Steele, Johnson OOOOQg Chair Johnson opened the floor for nominations for Vice-Chair. Commissioner Steele nominated Mark Stenglein as Vice-Chair, seconded by Commissioner Koblick. There being no further nominations, Chair Johnson closed the nominations. A vote was taken on the nomination and it was approved unanimously. Accordingly, Mark Stenglein was appointed Vice-Chair of the Board for 2004. The balance of die organizational structure was voted on and is contained in the minutes as Resolution No. 04-1-21. Commissioner Kobiick moved approval of the minutes of the December 16,2003 meeting, as published in Finance and Commerce, Saturday, December 20,2003, seconded by Commissioner McLaughUn and approved unanimously. Commissioner Stenglein moved the correspondence and departmental communications be referred as recommended by staff, seconded by Commissioner McLaughlin and approved unanimously- There were no commissioner communications. On commissioner updates. Commissioner Kobiick had some questions on the status of the stadium proposal. Chair Johnson suggested they discuss it during immediate approval Item 8G dealing with that subject and there were no objections. Criminal Juatica Coordinating Council Crov Rivar Joint Powars Board HCHC Bxacutiva Council Hannapin County Ragional Railroad Authority Hannapin County Housing and Radavalopmant Authority (HRA) Hannapin History Musaum Joint Coamittaa on Community Corractions MELSA fi MatroNat Matro Countias Enargy Task Forca Hatro CIS Policy Board Matropolitan Mosquito Control District Matropolitan 911 Talaphona Board Matropolitan Radio Board Minnaapolis Arts Institute Board Minneapolis Touth Coordinating Board Minnaapolis Association Community Corrections Act Countias Minnesota River Basin Joint Powars Board Municipal Building Commission neighborhood Revitalisation Policy Board RDF Advisory Board Solid Waste Management Coordinating Board St. Anthony Falls Heritage Board Transportation Advisory Board Trustee of Law Library -a. 03 Koblick, McLaughlin Steele Koblick, Ppat All Commissioners All Commissioners Dorfman, Koblick (Alternate) Koblick, McLaughlin, Stanglain, Johnson Koblick Stanglain, Steele, McLaughlin Johnson, (Pat O'Connor, Alternate) Opat, Steele, Stanglain Opat, Stanglain, Steele (Baecutive Conittee) Steele, (Johnson, Alternate) Johnson MdLaughlin, Dorfman Steele Koblick, (McLaughlin, Alternate) (Chair of County Board by statute) McLaughlin Dorfman, McLaughlin, Opat Steele (Johnson, Alternate) Johnson, McLaughlin Stanglain, Johnson, McLaughlin Koblick, (Dorfman, Alternate) Koblick -i;.. i i {■ OS 0**NXTS**««°follo»*«" •doption of tho Rosolution and thara ware 7 YEAS COUNTY OF HENNEPIN BOARD OF COUNTY COlWISSK YEA NAY OTHER Mark Stanglain Gail Dorfaan Patar McLaughlin Randy Johnaon, Chair Linda L Kobliek Panny Staala Michaal Opat RESOLUTION ADOPTED ON 01/06/04 ATTEST Clark ht r’ The West Hennepin Recycling Commission (WHRC) A Report on the Year 2003 for Orono’s Council and Director of Public Works 22 January 2004 COtiMOl MFETING In the Year 2003: • The City of Orono collected recyclables totaling JAN 2 6 2004 CITY OF ORONO PRCX jRAM TONS Curbside Collection 1.042.66 Clean-up day recyclables 21.90 Total tons abated from the waste stream 1.064.56 • 65.23% of your residents participated in the curbside collection program, an increase of nearly 3%. • Hosted two Salvation Army collection events for all WmC cities that collected a total of 39 tons. • Continued the two sort co-mingled curbside collection process. • Resupplied cities with curbside recycling bins. • Distributed bin flyers promoting Hennepin County’s compost bin offer. • Delivered updated 'Recyclopedia’ waste reduction guides to curbside recyclers • The cost to Orono for all WHRC services in 2003 was $9,310. Objectives for the Year 2004 include: • Supply each WHRC city with a select can and bottle recycling container. • Renew Joint Powers Agreement and curbside contracts with E-Z Recycling (all expire 12/31/04). Lfpeoming Event Saturday May I 9am-1 pm Salvation Army collection at Orono Intermediate School Parking Lot Respectfully submitted. Amelm Kroeger, Recycling Coordinator Rccytlopcdia, Waste Reduction Guide, is on-line at: bttp://ineniben.aoLeoni/ackroefcr/reQfele.btnil - printed on high post-consumer recycled paper - OVER FUR SLX-YEAR EXPENDITURE SUMMARY if-. WHRC six-year Expenditure Sommaiy Annual Budget has remained $24,500 Budget CategoryA'ear 1998 1999 2001 2002 2003 Administration 11.643 $11,747 $10,658 16.503 13.947 14.987 1 Promotion 6.217 7.311 8.371 7.473 5.805 Drop-off ENTTits 2.007 1.863 2.194 2^252 2^ Totals $19,867 $20.92!$21,270 $26. 70 $22,004 $25,263 Under budget dollars have been put into certificates of deposit to use for recycling bins and to subsidize t*P^i*l*t*8 the ^ Recyclopedia booklets. A certificate matunng in February 2004 will be used to cover the cost of recent recycling bin purchase and to provide each city with a select can and bottle recycling container. • M I ■ V.1 ■ *- 'r J 1990*2003 New Homes Analysis Year «New SF Detached Homes W Replacement SF Detached Homes #New MF Attached Homes (Units) d Total Homes Total Valuation Valuation of SF Detached Homes Average Valuation of SF Detached Valuation of MF Attached Homes Average Valuation of MF Attached 1990 26 2 0 28 $ 9,510,028 $ 9,510,028 $ 339,644 -0--0- 1991 8 4 0 12 2,903,700 2,903,700 241,975 -0--0- 1992 22 6 0 28 9,394,502 9.394,502 335,518 -0--0- 1993 32 9 0 41 11,077,235 11 ,j77,235 270,176 -0--0- 1994 28 10 0 38 12,795,316 12,795,316 336,719 -0--0- 1995 37 6 0 43 13,615,028 13,615,028 316,629 -0--0- 1*796 32 II 0 43 13,36*7,122 13,36*7,122 310.910 -0--0- 1997 27 8 0 35 11,339,891 11,339,891 323.997 -0--0- 1998 18 15 0 33 14,954,615 I4.*754.6I5 453,170 -0--0- IW 25 12 9 46 18,818,450 17.798.450 481,039 $ 1,020,000 $ 113,333 2000 20 14 7 41 18,262,400 17,419.560 512,340 842,840 120,400 2001 18 18 11 47 21,149,109 19,746,665 548,518 1,402,444 127,495 2002*18 24 4 46 24,205,495 23,645,495 562,990 560,000 140.000 2(K)3''20 16 10 46 25,264,327 22.504.327 625,120 2,760,000 276.000 Totals 331 155 41 527 $206,659,131 $200,073,84?$6,585,284 • -------- ---------------- ''2003 numbers do not reflect 3 Big Island Seasonal Dwellings constructed in 2003 at a valuation of $303,000 Note: All valuations shown are for building permit construction value only, not including land costs, landscaping, etc. Notable Trends: r> o 5: 5 Q c_ 3 ? ro = ♦Average value of SF detached was relatively steady thru 1997, then jumped significantly (40%) in 1998 and has increased 6-7% annually si& J ♦Average value of MF unit construction (Townhomes) has increased 6% per year during 1999-2001, but rose 10% in 200, then doubled in 20(ff ^ 3 oT SP n^miitS rPtnain^H irnnetanf at arminH frar lact *7 O ^ ^♦Number of SF permits has remained constant at around 35-40/year for last 7 years ♦Proportion of SF that arc replacements has risen from 21% (1990-94) to 27% (1995-1999) to 49% (2000-2003) 2: O rr •« • City of Orono 2003 New Home Permits A. Single Family Residential Date Address Permit Valuation*Retdacement Avg. - 5 625,120 1.1/2/03 1045 Brown Road South S 380,000 X 2.1/14/03 4535 North Shore Drive 400,000 X 3.1/21/03 665 Femdale Road North 993,000 X 4.1/27/03 550 Park Lane 425,000 X 5.2/10/03 2800 Pheasant Road 1,600,000 X 6.2/14/03 250 RuAnn Road 435,580 X MARCH 2003 • NONE 7.4/1/03 2740 Deer Run Trail 1,100,000 X 8.4/11/03 2530 Fox Street 952,000 X 9.4/11/03 845 Willow View Drive 475,000 X 10.5/7/03 1180 Garden Court 700,000 X 11.5/21/03 2980 Sussex Road 817,000 X 12.5/27/03 1160 Garden Court 474,000 X 13.5/28/03 925 Willow View Drive 700,000 X 14.6/5/03 4140 Highwood Road 185,000 X 15.6/6/03 3720 Jacobs Mill Road 390,000 X 16.6/10/03 4753 North Shore Drive 300,000 X 17.6/11/03 2870 Little Orchard Way 745,000 X 18.7/2/03 205 Tonka Avenue 472,000 X 19.7/7/03 3743 Watertown Road 225,000 X 20.7/10/03 3329 Crystal Bay Road 218,187 X 21.7/14/03 955 Tonkawa Road 965,170 X 22.7/18/03 1085 Tamarack Drive 390,000 X 23.8/5/03 3490 North Shore Drive 245,000 X 24.8/7/03 3120 Sussex Road 493,150 X 25. 8/18/03 847 Tonkawa Road 1,100,000 X 26.8/21/03 680 Tonkawa Road 480,000 X 27.9/9/03 4125 Highwood Road 325,000 X 28.9/17/03 525 McCulley Road 399,767 X 29.9/22/03 870 Willow View Drive 800,0^X 30. 10/13/03 1625 Bohns Point Road 998,750 X 31.10/22/03 3753 Casco Avenue 250,000 X 32.11/13/03 849 Broun Road North 725,167 X 33.11/25/03 3310 Watertown Road 1,145,000 X 34.12/5/03 560 Kokesh Farm Road 1,250,000 X 35.12/10/03 380 Leaf Street 500,556 X 36. 12/15/03 865 Willow View Drive 450,000 X Total « $ 22304327 (20)(10) I . • I B. Townhomcs it Other 1. 2. 3. 4. 5. 9/8/03 9/8A)3 9/8A)3 9/8A)3 9/8. j3 6. 7. 8. 9. 10. 10/31/03 10/31/03 10/31/03 10/31/03 10/31/03 C. Big Island A. 1/14/03 B. 2/2S/03 C. 5/13/03 2460 Sandstone Lane 2462 Sandstone Lane 651 Sandstone Circle 653 Sandstone Circle 6SS Sandstone Circle 659 Sandstone Circle 661 Sandstone Circle 657 Sandstone Circle 2476 Sandstone Lane 2474 Sandstone Lane 280 Big Island 180 Big Island 450 Big bland 345,( 345,( 230.( 230,< 230,( X X X X X 230,< 230,( 230,< 345,( 345,( S2.760,000 42,600 75,400 185,000 $303,000 X X X X X (10) X X X (RS) (RS) (RS)