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Home My WebLink About05-24-2004 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 24,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items arc 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 arc available in the Public Packet • located on the counter near the sign in sheet. ROLL CALI CONSENT AGENDA I. Approvc/Amend ••fTCTIfyJQ MAY 2 4 2004 CITY OF ORONO APPROVAL OF MINUTES * 2. Reconvened Board of Appeal and Equalization Meeting of May 10, 2004 • 3. Regular Council Meeting of May 10, 2(K)4 PARK COMMISSION COMMENTS Rick Rice, Representative PLANNING COMMISSION COMMENTS J. Marc Frit/lcr. Representative LMCD REPORT - Debora Halvorson PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. /I04-3002 G & I. Land Investment, LLC, 740 North Arm Drive Conditional Use Permit - Resolution * 5. #04-3011 Danielle Steele, 4050 Baysidc Road Variances Resolution * 6. #04-3013 George Funk, 540 Old Crystal Bay Road South - Conditional Use Permit Resolution * 7. #04-3018 Kevin and Michele Krolc/yk, 65 Cygnet Place Variance - Resolution 8. #04-3021 City of Orono, Zoning Code Revisions Ordinances 9. Proposed Hardcover Policy Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 10. Stonebay Streetlights and Fee C'redits CITY ADMINISTRATOR'S REPORT 11. Long Lake Fire Relief Association Pension 12. Multi-Year Contract for Assessing Serv ice 13. Budget Amendments for ^’ear 2003 14. 19‘>2 Improvement Bond Fund Close Out Resolution 15. 1998 Sewer Construction Fund Close Out - Resolution 16. Request to Liquidate Excess Property (Used Vehicles) c ity ATTORNEY’S REPORT Mm » AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 24,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 17.LICENSES Garbage Hauler Kennel Special Event Permit Temporary On Sale Liquor License (1 Day) * 18, BILLS UPCOMING ISSUES AND EVENTS 2M4 05/21 Leaf and Grass Disposal, Friday, Noon - 3:00 p.m. 05/22 Leaf and Grass Disposal, Satutday, 9:00 a.m.-3:00 p.m. 05/24 Council Meeting, 7:00 p m. 05/28 Leaf and Grass Disposal, Friday, Noon 3:00 p.m. 05/29 Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m. 05/31 - HOLIDAY, Observance of Memorial Day 06/02 06/04 06/05 06/07 06/10 06/14 06/21 06/28 Planning Commission Work Session, Wednesday, 5:30 p.m. Leaf and Grass Disposal, Friday, Noon 3:00 p.m. Leaf and Grass Disposal, Saturday, 9.00 a.m.-3:00 p.m. Park Commission Meeting, 7:15 p.m. (Council Liaison - Mayor Peterson) Council Work Session, Thursday, 5:30 p.m. Council Meeting, 7:00 p.m. Planning Commission Meeting, 6:00 p.m. (Council Liaison - Lili McMillan) Council Meeting, 7:00 p.m. % ili Public A ttendance Meeting D ate 2M “'0 OUNCIL □ Planning C ommission □ Park C ommission □ Other Please pilloutthe information requested BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER I jT i/ > y V tj ^ ,' YH. / /■ a ^ ^ t/» _______________________ '~7/x> /tf//c, . 7 / r d ip ii o k 9f^ V Ro l' 7. 8. 9. 10. II. 12. 13. 14.. 15. « AAM«M>saM tup^Wf^araurMCl mfd ORONO RECONVENED BOARD OF APPEAL AND EQUALIZATION MEETING MONDAY, MAY 10,2004 COlINf^H »«FFTT1NG MAY 2 4 2004 ROLL CITY OF ORONO The Orono Reconvened Board of Appeal and Equalization met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim Muq)hy and Lili McMillan. Representing staff was Planning Director Mike Gafhon and Recorder Marci Wallingford. Council Members Bob Sansevere and Jim White were absent. Hennepin County Senior Appraiser Bill Davy and Appraiser Tom Kunik were present. Mayor Peterson called the meeting to order at 6:30 p.m. APPROVAL OF MINUTES 2. Mioutes of the Orono Board of Appeal and Equalization of April 21,2004. Murphy moved, and McMillan seconded, to approve the Minutes of the Orono Board of Appeal and Equalization of April 21,2004. Vote: Ayes 3, Nays 0. 3. Council Action on Assessor’s Recommendations Mayor Peterson thanked the Hennepin County Appraisers for their expert help. Murphy moved, and Mayor Peterson seconded, to accept the assessor’s recommendations. Vote: Ayes 3, Nays 0. 4. Adjournment McMillan moved, and Murphy seconded to adjourn at 6:32 p.m. Vote: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor i r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2004 7:00 o’clock p.m. (D COUNf'” ^^PFTING MAY 2 4 2004 ROLI.CITY OF ORONO The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Lili McMillan, Jim Murphy and Jim White; City Attorney Thomas Barrett; representing staff were Planning Director Mike Gaffron, City Engineer Tom Kellogg, and Recorder Marci Wallingford. Council Member Bob Sansevere was absent. Mayor Peterson called the meeting to order at 7:06 p.m. CONSENT AGENDA 1. Approve/Amend The following items were included in the Consent Agenda: #3,5,6,7,8,9,10,11,12,13,16,18, 19,20, and 21. White moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. RECOGNITION 2. Mike Brown and Jim Cox, Long Lake Firefighters>Resolution 1/5167 and 5168 Mayor Peterson invited .Mike Brown and Jim Cox to the podium to recognize them for their 40 years of dedicated service to the community, respectively, and presented each of them with a Resolution. Brown and Cox were thanked by individual Council Members for their service to the community. Chief Brad Roehl and Assistant Chief Tony Roe of the Long Lake Fire Department w ere also recognized by Mayor Peterson. 15. Request to Hire Part-Time Police Officer - Resolution No. 5171 Mayor Peterson moved, .Murphy seconded, to move item #15 up and to swear in the newest member of the Oruno City Police Department; and to adopt RESOLUTION NO. 5171 to declare that the part-time position held by Anthony J. White is that of a police officer. VOTE: Aves4,NavsO Mayor Peterson invited Anthony (Tony) Jeffrey W’hitc to the podium for the swearing in ceremony. After swearing in Officer White, Mayor Peterson introduced him to the individual Council Members. Mayor Peterson also recognized Officer Larry Tomcheck and Sgt. Correy Famiok. Page 1 of7 r «- sc MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2004 7:00 o’clock p.m. APPROVAL OF MINUTES *3. Regular Council Meeting of April 26,2004 Murphy moved, McMillan seconded, to approve the Minutes of April 26,2004 as presented. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Paul Pesek, Representalive Representative Pesek reported that the Park Commission is putting a budget together. The Commission is looking at putting a park adjacent to the Dakota Trail in the future. The Park Commission will be holding a Tour in mid to late June and invited Council to participate in the Tour. Rep. Pesek commented on the meeting he attended with Council Member Murphy with the DNR concerning Xcel Energy cutting trees down along the Luce Line Trail. People were concerned about trees falling on the track. Pesek commented on the potential for paving of all the trails in Orono as being costly, encourages fast bicycling, has safety issues, and hardcover is not allowed within 75’ of wetlands. And many of the trails are located right ne.\t to wetlands. Pc.sck will be submitting a memo on this issue to the City Council. Two local citizens also attended the meeting, Doug Coleman and Bill Ilardgate. McMillan stated she appreciated the discussion in the April Park Commission meeting about a Park Maintenance person and defining a role for this person. PLANNING COMMISSION COMMENTS - Ralph Kempf, Representative Rep. Kempf expressed his appreciation to Mayor Peterson and City Council Members for making it possible for him to attend a one day workshop for new planning commissioners at the U of M. He has found it very helpful to him in his new role. Mayor Peterson thanked him for participating in the workshop. PUBLIC COMMENTS Mayor Peterson invited comments from the public. There were no comments, ZONING ADMINISTRATOR’S REPORT 4. 1^04-3003 Bruce St Kristine Paddock with George W. Stickney, 3250 Fox Street - Preliminary Plat - Resolution No. 5169 McMillan commented on two issues. First, she confirmed that the applicants had received the packet with the revisions and secondly, she was happy to see it reduced to three lots, especially in such a sensitive area with the ability to impact the environment. \ 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2004 7:00 o’clock p.m. 4. /^04-3003 Bruce & Kristine Paddock with George W. Stickney, 3250 Fox Street, Continued George Stickney commented that he also was glad to see it reduced to three lots and in doing so, kept the driveways winding through standing trees and environmentally friendly. McMilian moved, seconded by Murphy, to approve RESOLUTION NO. 5169 approving the preliminary plat application of Bruce and Kristine Paddock and George W. Stickney at 3250 Fox Street. V'OTE: Ayes 4, Nays 0 *5. 2004 JOINT USE DOCK LICENSES (RENEWALS) - RESOLUTIONS NO. 5170 Murphy moved, seconded by McMillan, to adopt RESOLUTION NO. 5170 and directing staff to bsue joint use dock license to Minnetonka Power Squadron for the period January 1,2004 to December 31,2004. VOTE: Ayes 4, Nays 0. *6. Interim Ordinance - Moratorium - Revised Language - Ordinance No. 8,3*^** Series Murphy moved, McMillan seconded, to approve the revised language per Option 2 and adopt Ordinance No. 8,3'*' Series, amending Ordinance No. 7,3'^'' Series, the Interim Ordinance adopted April 12,2004. MAYOR/COUNCTL REPORT Murphy and McMillan attended the highway turnback workshop for business representatives at St. George’s Church. The priorities of the business representatives regarding “old” Highway 12 are to slow traffic down, make it pedestrian friendly, and bury the utilities. Turn out from the business owners was lower than hoped for from Long Lake and Orono. The Highway 12 Turnback Committee would like to try other avenues to get business owner participation. McMillan informed Council that the Highway 12 turnback workshop for residents will be coming up on Thursday, May 20"’. PUBLIC SERVICE DIRECTOR’S REPORT *7. Request for Payment #1 West Farm Road (Homestead) Sewer Project Murphy moved, McMillan seconded, to approve Request for Payment Number 1, West Farm Road (Homestead) Sanitary Sewer project to Red Pederson Utilities Inc. in the amount of S31,744.87. VOTE: Ayes 4, Nays 0. Page 3 of? (■ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10,2004 7:00 o’clock p.m. *8. Accept Resignation of Pauiine Bouchard from the Park Commission Murphy moved, McMiilan seconded, to accept the Resignation of Pauiine Bouchard from the Park Commission and to authorize initiating a process to fill the Park Commission vacancy. VOTE: Ayes 4, Nays 0. *9. Navarre Municipal Parking Lot - 2 Hour Limit - Resolution No. 5175 Murphy moved, McMillan seconded, to adopt RESOLUTIO.N NO. 5175 to authorize and direct the Orono Public Works Department to install signs indicating **2 Hour Parking” in the Navarre Municipal Parking Lot for the 3 parking spaces on the north side of the lot adjacent to the Lyric Avenue parking lot entrance. VOTE: Ayes 4, Nays 0. *10. Wetland Buffer Declaration for Big Island Access Lane Murphy moved, .McMillan seconded, to approve of the Minnehaha Creek W'atershed District Wetland Buffer Declaration and authorizing the Permanent taking of Land by Eminent Domain for Drainage and Utilities. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT *11. Appoint Planning Commission Alternates Murphy moved, Mc.Millan seconded, to appoint Liz Hawn and Sandra Smith as alternate members of the Planning Commission. VOTE: Ayes 4, Nays 0. *12. Appoint Official City Representative for Big Island Veteran’s Camp Issues Murphy moved, McMillan seconded, to designate Gabriel Jabbour as an official representative of the city concerning the Big Island V’ets’ Camp issues. VOTE: Ayes 4, Nays 0. *13. Long Lake Fire Department Budget Amendment Murphy moved, McMillan seconded, to approve the amendment to the 2004 Long Lake Fire Department budget to reallocate $15,000 from the Trainiug Pay budget item to the Pension Contribution budget item. VOTE: Aves4,NavsO. Page 4 of 7 H \ MINUTES OF THE ORONO CITY COUNCIL MEETLNG Monday, May 10,2004 7:00 o’clock p.m. 14. Loag Lake Fire Relief Association Pension-Tabled Mayor Peterson moved, Murphy seconded, to table the Long Term Plan and Policy for the Long Lake Fire Department Pension. VOTE: Ayes 4, Nays 0. 15. Request to Hire Part-Time Police Officer - Resolution No. 5171 Follows Item #2. *16. Authorization of Utility Easement Acquisition by Eminent Domain — Resolution No. 5172 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5172 authorizing the acquisition of a drainage and utilities easement by eminent domain. VOTE: Ayes 4, Nays 0. 17. Police Service Agreement with Spring Park Mayor Peterson reported that she, Ron Moorse, Chief Good, Sgt. Erickson, and Gabriel Jabbour went to the Spring Park City Council meeting to discuss the long term 5-year contract for police services. Spring Park was very gracious in welcoming the City ’s representatives. Mayor Rockvam made a very nice speech regarding individuals who had worked so diligently on this contract over the last several months, spoke about the service and quality of service that the City of Spring Park has received over the last, between 23 and 25 years, and commented on the excellent service and that they have very much appreciated what the City of Orono and Orono Police department has provided to them. It was a unanimous decision by the City of Spring Park to approve the contract with the City of Orono which will be renewed on an annual basis. Mayor Peterson indicated the City appreciates what they did, thanked them, and indicated the City looks forw'ard to working with them over the course of the years ahead. The collaboration between the Chief and her staff, but also the quality of service and the officers who have provided the service, have solidified the contract and they are to be thanked as well. By having the contract extended we were able to keep two officers and v\ere able to hire Tony as well. There is still one part time police officer position out there to be filled. McMillan thanked Mayor Peterson, police and city staff for their work regarding the contract, and the Spring Park Council as w ell for coming into agreement on this contract. White stated that it is an important milestone because the communities have worked so well together, but also a tribute to Chief Good and how' well she runs this department. The officers are really motivated and you can see how, year by year, it just gets better. Murphy commented that he thinks this a landmark deal with a rolling 5-year contract on police services. He indicated we now have real stability with the Long Lake Fire Department and are now offering some real stability to Spring Park and hopefully, the other communities too. There w as really good cooperation on everybody’s part and everybody worked really hard to make this happen. Page 5 of? I” ' I ! MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10,2004 7:00 o’clock p.m. 17. Police Service Agreement with Spring Park, Continued Chief Good commented about how well both cities, staff, and councils worked together on the S-ycar rolling contract with the City of Spring Park. She commended the officers for their excellent work and years of dedicated service to both cities. Chief Good stated that this contract would not be possible without the strong involvement of the communities which the police department serves. White moved, Murphy seconded, to approve the five-year rolling police service agreement with Spring Park for the years 2005-2009 and thereafter renewable yearly. VOTE: Ayes 4, Nays 0. *18. Recognition of Sandra Smith’s Dedicated Service on the Planning Commission - Resolution No. 5173 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5173, a resolution of appreciation recognizing Sandra Smith’s dedicated service on the Planning Commission. VOTE: Ayes 4, Nays 0. *19. Recognition of Elizabeth Hawn’s Dedicated Service on the Planning Commission — Resolution No. 5174 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5174, a resolution of appreciation recognizing Liz Hawn’s dedicated service on the Planning Commission. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett had nothing to report. *20. LICENSES RESIDENTIAL KENNEL LICENSE 1. Tim Lembke 4445 Forest Lake Landing 2. Jim & Jennifer Matasovsky 1290 Loma Linda Lane 3. Robert Sansevere 745 Orchard Park Road Page 6 of 7 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10,2004 7:00 o’clock p.m. SPECIAL EVENT 1. Applicant: Dennis Nelson Event: Bass Fishing Tournament Location: Wayzata Marine • Maxwell Bay Date: June 16, July 7, Julyl4, August 4, August 11, September 8, and September 15,2004. Time: Wednesdays - 3:00 p.m.-9:00 p.m. 2. Applicant: Lundgren Brothers Event: 2004 Luxury Home Tour Location; 210 North Shore Drive West June 11 - 13,18 - 20, and 25 - 27,2004 1:00 p.m.-7:00 p.m. - Fridays Noon*6:00 p.m. • Saturdays and Sundays Date: Time: White moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *21. BILLS White moved, McMillan seconded, to approve the May check register. VOTE: Ayes 4, Nay 0. ADJOURNMENT Mayor Peterson moved, Murphy seconded, to adjourn the Orono City Council Meeting of May 10,2004 at 7:46 p.m. VOTE: Ayes 4, Nays 0. ATTEST: i Linda S. Vee, City Cleric Barbara A. Peterson, .Mayor Page 7 of7 AGEr/DA FOR COUNCIL MEETING SET FOR MONDAY. MAY 24. 2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items irc considered to be routine items to be enacted upon by one motion by the City Cour.ci under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Publi* Packet - located on the counter near the sign in sheet. COUM^n MrPTING ROLL CALL MAY 2 4 2004CONSENT AGENDA 1. Approve/Amend CITY OF ORONO approval OF MLNUTES • 2. Reconvened Board of Appeal and Equalization Meeting of May 10, 2004 • 3. Regular Council Mccnr.gofMay 10, 2004 PARK COMMISSION COMMENTS - Rick Rice, Representative PLANNING COM\nsSION COMMENTS - J. Marc Ffitzler, Rcprcscnlalive LaMCD REPORT - Debora Halvorson PUBLIC COMMENTS - (L\m\i 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #04>3002 G & L Land Investment. LLC, 740 North Arm Drive -Conditional Use Permit - Resolution <t04-30l 1 DanieUe Steele, 4050 Bayside Road - Vau’ianccs - Resolution #04-3013 George Funk, 540 Old Crystal Bay Road South - Conditional Use Permit - Resolutlo! #04-3018 Kevin and Michele Krolczyk, 65 Cygnet Place - Vanance - Resolution #04-3021 City of Orono, Zom.ng Code Revisions - Resolution Proposed Hardcover Policy - Resolution 5. 6. 7. 8. 9 MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 10. Stonebay Streetlights and Fee Credits aTY ADMINISTRATOR'S REPORT 11. Long Lake Fire Relief Association Pension 12. Multi-Year Contract for Assessmg Service 13. Budget Amendments for Year 2003 14. 1992 Improvement Bond Fund Close Out - Resolution 15. 1998 Sewer Construction Fund Close Out - Resolution 16. Request to Liquidate Excess Property (Used Vehicles) CITY ATTORNEY S REPORT AGENDA FOR COUTVCIL MEETING SET FOR MONDAY. MAY 24, 2004, 7:00 P ML ORONO COUNCIL CHAMBERS. 2780 KELLEY PARKWAY, ORONO, MINNESOTA 17. LICENSES Garbage Hauler Kennel Special Event Permit Temporffy On Sale Liquor Liccr*sc (I Day) • 18 BILLS Lycoming issues and events ZS04 05/2 1 - Leaf and Grass Disposal. Friday, Noon - 3 00 p m 05/77 — T AnH rtracK Dicnnaa! Q OTI a m .1 AO m m Date Application Received: 3-17-04 Date Application Considered as Complete; 3-17-04 60-Day Review Period Eipires: 5-16-04 extended to 7-15-04 MPFTING MAY 2 4 2004 REQUEST FOR COUNCIL ACTION CITY OF OP.ONO Date: May 20, 2004 Item No.: ^ Department Approval: . J Name: Mike Gaffron ^ Title: Planning Director Administrator Approval:Agenda Section: Zoning Item Description: ti04-3002, G & L Land Invcstrp»:nt. LLC.. 740 North Arm Drive — Variancc/CUP - Resolution Zoning District: Lot Area: Lot Width: LR - IB. One Family Lakeshore Residential District (1 acre minimum) 0.81 acres (35,400 s.f.) 153’ at Shoreline; 134’ at 75’ Setback List of Exhibit.* A - Resolution B - PC Action Notice 5-20-04 C - Council Action Notice 4-27-04 D - PC Memo and Exhibits of 5-4-04 Appiication Summary: Applicant was denied a variance to allow the existing non-conforming bc'ithouse to remain on the lot in conjunction with a rebuild of the principal structure. The application was then amended to a Variancc/CUP request for lakeshore bank restoration and preservation , including boulder retaining walls. Planning Commission Recommendation The Planning Commission reviewed the retaining wall plans on May 17 and on a vote of 7-0 recommended that the plans be approved, subject to the recommendations of the City Engineer in his letter of May 12, and subject to a condition that the concrete rip-rap and debris in the ravine be cleaned up. Applicant has agreed to these conditions. Applicant has also agreed to provide the City with a sewer maintenance easement. Staff ha.s added a condition that an unspecified number of additional trees be added to the lakeshore yard in addition to the two trees proposed, to help re establish a wooded shoreline character at this location. Staff Recominendatiuii Approval of the bank restoration and preservation proposal, including the boulder walls, subject to the conditions noted in the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution that denies retention of the boathouse and approves the 0-75’ land alterations. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1112, 78-1288 (A); GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 78-966 AND 78-1250; AND DENYING A VARIANCE TO SECTIONS 78-281,78-1288,78-1281, AND 78-1432 FILE NO. 04-3002 WHEREAS, G L Land Investment LLC, a Minnesota limited liability corporation (hereinafter “the applicant”) is the owner of the property located at 740 North Arm Drive within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 4, Auditors Subdivision 362, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicant made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-281, 78-1288 (A), 78-1281 and Section 78-1432 to allow retention of an existing nonconforming accessory structure (“tile boathouse”) located within the 0-75’ lakeshore setback where no accessory structure is normally allowed absent a principal structure on the site in conjunction with replacement of the existing residence on the property; and WHEREAS, pursuant to published and mailed legal notification, the Orono Planning Commission on April 19, 2004 held a public hearing on this request, at which time all parties interested in the project were allowed to comment. The Plamiing Commission subsequently on a vote of 7-0 recommended denial of the variances, finding that the boathouse was in a nonconforming location, constituted excess hardcover on the property, and should be removed at the time the property is redeveloped, and that no adequate hardship exists to support the granting of the necessary variances to allow the boathouse to remain; and WHEREAS, on April 26, 2004 the City Council voted 5-0 to support the recommcndatic.i of the Planning Commission and at the request of the applicant, referred the application back to the Planning Commission for review of an amended application Page 1 of7 for approval of variances and a conditional use permit for lakeshorc bank restoration and preservation; and WHEREAS, on May 17, 2004 the Planning Commission pursuant to published and mailed legal notification, held a public hearing on the amended request for variances to Municipal Zoning Code Sections 78-1112 and 78-1288 (a), and a conditional use permit per Sections 78-966 and 78-1250, at which time all parties interested in the project were allowed to comment. Planning Commission reviewed the amended application and recommended approval on a vote of 7-0 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3002. 2. The property is located in the LR - 1B, One Family Lakeshore Residential District, which requires a minimum lot area of one (1) acre. The applicant's property is 0.81 acres in area. 3. The Planning Commission recommended approval of the amended application based on the following findings: a. The existing steep slope within the 0-75’ setback zone between the residence location and the shoreline is severely eroding and requires bank stabilization measures to prevent ftulher erosion. b. Removal of the boathouse will remove structure that is currently providing support for portions of the hillside and preventing erosion. c. Construction of the proposed retaining wall system will allow for stabilization of the slope and provide terracing for establishment of vegetative screening to reduce the visual impact of the retaining walls. d. Two mature existing trees on the top of the slope are already in danger of toppling due to erosion of the bank, and will be lost as a result of the bank restoration. Page 2 of 7 e.The applicant should not be penalized in terms of transfer of hardcover from the 0-75’ zone to the 75-250’ zone for the hardcover necessary to stabilize the lakeshore bank. f. The lakeshore bank restoration and revegetation is necessary to maintain the shoreline in a manner consistent with the natural character intended by the City as indicated in the Conununity Management Plan. 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and land alteration CUP on the health, safety and welfare of the community. 5.The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Municipal Zoning Code Sections 78-281, 78-1288, 78-1281, and 78- 1432, and hereby requires that the boathouse be removed; and grants variances to Municipal Zoning Code Sections 78-1112 and 78-1288 (a), and a conditional use permit per Sections 78-966 and 78-1250 to allow the proposed lakeshore bank restoration, subject to the following conditions: 1.Council approval is based on the site grading, boulder wall and landscaping plans submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the above noted plans which are not in Page 3 of7 iiiiMtirtiiiiiiiiii 2. 3. 4. 5. 6. 7. conformity with City codes will require further Planning Commission and City Council review. Hardcover in the 0-7S ’ zone associated with the approved boulder wall plans and the standard 4* wide lakeshore access stairway shall not reduce the hardcover allotment in the 75-250’ zone. Applicant is advised that any future requests to increase hardcover in the 0-75 ’ zone beyond that noted herein shall require City approval, and increases in hardcover will not likely be approved without concurrent reductions in existing hardcover. The boathouse shall be removed at the time of demolition of the existing residence structure. A Public Works Department employee shall be present during the boathouse demolition to monitor activity adjacent to the municipal sewer line to ensure its continued integrity. A silt fence shall be placed 5’ landward of the sewer line to define where no land alteration activity will occur, except for revegetation of the boathouse site. The recommendations of the City Engineer in his letter of May 12, 2004 shall be implemented. The applicant shall add the appropriate erosion control measures to the plans and shall implement such controls. The plan shall incorporate plantings that will be at least 4’ in height to screen the retaining wall system. In addition to the two maples shown on the plan, applicant shall plant additional trees to ensure that the wooded nature of the surrounding shoreline is carried through to this property. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the bank restoration within one year of the date of Council approval, or the variances will expire on that date (May 24.2005). 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, understands 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. Page 4 of 7 i Adopted by the Orono City Council on the 24*’’ day of May, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 5 of7 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 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 6 of7 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this__day of________ by_____________________________, for G & L Land Investments, LLC, its .2004 Notary Public Page 7 of? T li : I E CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 5S323 (952) 249-4600 ZONING FILE: 04-3002 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 20,2004 TO:G & L Land Investment, LLC. 8659 Great Waters Alcove Eden Prairie, MN 55347 COPIES; TYPE OF APPLICATION:Variance / CUP DATE OF MEETING: May 17,2004 Planning Commission recommended as follows: Approval of the amended application for a Conditional Use Permit and Variance for retaining walls and land alteration within 75’ of the shoreline. VOTE:FOR AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, May 24,2004; 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. CITYOFORONO ZONING FILE; #04-3002 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Cryital Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: April 27,2004 TO; G & L Land Investment, LLC. COPIES: 8659 Great Waters Alcove Eden Prairie, MN 55347 TYPE OF APPLICA^^^ .................................................................................... DATE OF MEETING; April 26,2004 VOTE: 5 FOR 0 AGAINST Motion: No formal action was taken. The Council confirmed the Planning Commissions recommendation to deny the variance request to allow the existing boathouse to remain during a rebuild. The Council indicated support to amend the existing application to include a conditional use permit to conduct land alternations within the 0-75’ lake setback zone so that the existing slope can be restored. The Council also indicated acceptance with the details of the staff recommendation that appeared in the Council Memo dated April 22,2004, which was previously mailed to you. The application will be referred back to the Planning Commission for review of the conditional use permit request at the May 17, 2004 meeting, subject to submittal and review of a bank restoration/protection plan acceptable to City staff. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. C 1 : I * « #040002 May 17.2004 Page 1 of 4 Date Application Received: 3>17-04 Date Application Considered as Complete: 3>17-04 60-Day Review Period Expires: S-16-04 extended to 7-15-04 To:Chair Mabusth and Planning Commission Members Ron Moorse, City Administrator From; Date: Janice Gundlach, City Planner May 4,2004 / /A Subject:#04-3002, G & L Land Investment, LLC, 740 North Arm Drive - Variance Denial, Conditional Use Permit - Public Hearing Zoning District: Lot Area: Lot Width: LR - IB One Family Lakeshore Re'sidential District (I acre min.) 0.81 acres (35,400 s.f.) 153 ’ at Shoreline; 134 ’ at 75 ’ Setback Application Summary: The applicants have agreed to remove the boathouse, and arc requesting to amend their original variance request, to a conditional use pcmiit to allow land alterations within 75 ’ of the 929.4’ elevation of Lake Minnctoidca. The applicants will be removing the existing boathouse and restore the existing slope, including the construction of boulder retaining walls and vegetative cover. Staff Recommendation: Staff recommends approval of the CUT application with the following conditions: 1. The boathouse will be removed at the time the residence is removed. 2. Adherence to the recommendations of the City Engineer regarding the retaining wall bank restoration project.______ Pertinent Zoning Ordinance Sections Sec. 78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. Sec. 78-1250. Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this chapter. The following additional evaluation criteria and conditions apply within the shoreland overlay district: (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; IT'. i b. «04-300S May 17, 2004 Page 2 or 4 C. The visibility of structures and other facilities as viewed from public waters is limited; The site is adequate for water supply and on-site sewage treatment; and d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Conditions attached to conditional use permits. The city council upon consideration of the criteria listed in subsection (1) of this section and the purposes of this article, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this article. Such conditions may include but are not limited to the following; a. Increased setbacks from the ordinary high water level. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted. Special provisions for the locations, design and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. b. c. List of Exhibits Exhibit A - Survey Exhibit B - Bank Preservation Plans Exhibit C - City Engineer Comments Exhibit D - 60-Day Extension Letter Exhibit E - Property Owners List (amended to include owners within 350') Exhibit F - Plat Map ’ Background Planning Department staff met with applicants on-site following the Apnl Planning Conunission meeting to discuss possible alternatives for retention of the lake yard slope as the consensus was for removal of the boathouse. Staff agreed to amend the current application to include a conditional use permit for land alterations within 75’ of the lake, on the condition tlie applicants agree to remove the boathouse. Details of that meeting are as follows: The City will locate the sewer line existing at the shore and stake its location. An erosion control fence will be installed by the applicants 5* off the staked location, • Applicants will demolish the boathouse at the time of demolition of the existin® house, ® • Applicant’s will amend their request to include a CUP request for land alteration and will submit a bank rcstoration/protection plan which likely will include retaining walls, • Staff recommends that any hardcover necessary for slope stabilization, such as retainmg walls and a stairway system, will not count against the 25% hardcover allowance for the 75’-250 ’ zone. •04-3002 May 17,2004 Pace 3 of 4 The two t.ecs currently within the 0*75’ zone, at the very top of the slope and 75’ line, can be removed as long as tree replacement is included in the restoration plan due to their vulnerability during the construction process. The revised application will be referred back to the Planning Commission for their recommendation. The applicants will grant an easement to the City for sewer maintenance purposes, and The applicants can submit for building permit for the new residence while the slope restoration project is in its review stages, as all other Zoning Ordinance requirements can be met. The application was brought before the City Council at their April 26, 2004 meeting for an informal discussion on whether the Council agreed with the Planning Commission’s recommendation to remove the boathouse. The City Council did agiee with the Planning Commission’s recommendation and also the details bulleted above. Tire application has now been forwarded back to the Planning Commission for review of the bank restoration plan, where the boathouse should again be denied as part of a condition of approval. At present, the City has located and staked the sewer line, which is located approximately 1 foot off the front line of the boathouse, and 6 to 6.5 feet deep. Due to the close proximity of the line to the boathouse, the Public Works department has requested that they be informed of the date of demolition and that they be present. At this time staff and the Public Works department will verify if lire 5’ setback from the sewer line is adequate, or if a greater or lesser distance would be appropriate. Staff will include this as a condition of any conditional use pennit approved for land alterations. Conditional Use Permit Analysis Zoning Ordinance Section 78-1250 lists several evaluation criteria that must be considered when reviewing an application for a conditional use within the Shorcland Overlay District. The evaluation criteria are as follows with staffs response: a.The prevention of soil erosion or the possible pollution of public waters, both during and after construction. The applicants are proposing to install a silt fence 5 ‘ in from the staked sewer location, which, is about 10' from the 929.4' elevation. No activity will be allowed outside the silt fence except for re-vegetation of the area where the boathouse sat. Staff feels this is adequate distance for the prevention of soil erosion and the possibility of pollution to the lake. b.The visibility of structures and other facilities as viewed from public waters is limited. The applicants have proposed plant materials which, over time, will screen the retaining walls as viewed from the lake. c.The site is adequate for water supply and on-site sewage treatment. N/A jdya #04.3002 May 17, 2004 Page 4 of 4 d.The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. N/A Retaioiog Wall Plan The bank preservation plan includes the addition of four boulder retaining walls, each 4 ’ in height, with plantings in the terraced areas to help screen them and soften their visual impact fi-om the lake. The walls will extend across the center 60% of the width of the lot. The two mature trees at the top of the slope are being replaced with two trees located nearer the house and about 12’ from the top of slope. Additional ornamental trees could be added into the terracing; snimps in the exiting hillside indicated that this slope was more wooded than it is today, and addition of one or two more tress at the base of the slope would help to bring this back to a more wooded, natural shoreline character. City Engineering Comments The City Engineer has reviewed the applicants plan and his comments are attached as Exhibit C. The applicants will be required to incorporate all of his recommendations. Issues for Consideration 1 . Has enough plant material been incorporated into the plan? 2. Are there any other issues or concerns with this application? Staff Recommendation Approval of the plan as submitted, subject to PC recommendation as to adding more trees to the plan; including approval of a hardcover variance to the hardcover within the 0-75’ zone associated with the stairway and boulder walls per the proposed plan, incorporating the following stipulations: 1 . The existing boathouse be removed prior to commencement of work, A Public Works employee is present at the time of demolition of the boathouse, A silt fence is erected 5’ off the staked sewer location where no land alteration activity will be allowed, except for re-vegetation of the boathouse site. The silt fence shall remain until the landscaping as been fully installed. Implementation of the recommendations of Cuy Engineer, Tom Kellogg listed in the ler.er dated May 12,2004. 2 3 :a*s' t-» •> I. •,t/>->^- — . EXniUlTO HARUCOVrR CALCS. MARCH 15, 04 RtV 3/16/04 AREA MAXHC CXIS1INO PROPOSCO A-7S IIIOO SF 0 UOATH •• 530SF BOATM - 5M5F S»«0 - ^ PAIK) « 200!if STA« « 250SF DOCK - BUST cn oRtvc-BsnsT TOTAL- 2050S»/I8% 75-250 2UOO SF 5350 SF 7580 Sr/34.9X KOUSC - 28355r (BOXLOT OtCK » 125SF rST€P •• B5SF WALK - BOSr OHIVt - I600ST TOTAL - 4725SF/22.!X •L 0-75 lie TOTAL - 5255 ST/ 24.6X / .// )|I • .1^1 * i $ ^ _ V N ^1^ 250 + 2900 Sr 870 SF 1000 ST/JJO* OWVC - 865 SF/ 299X PROPOSLO ELEVATIONS UARAGC FLOOR-909.*j TOP 01 FOUNDATION ^gOI^B cl9^v \ ,.''m:NCHMAHK TOP WELL Q.EV - 908.3 ^ ^ • taSTWe SPOT EItVATtON. X(9980) « (>R0P0St:0 SPOT IIF.VATION ..... « ORCCtlON SUIFACE ORAWACt i . _i _ _ .. ■ V , ^ — - i ______r~rT- -HIT-------- t J k4.L1'4 i •* I^*1 a'i/X-0 I<i X?**•’ll'*•■*•»«*■**■ 1^* Li r4• • i \\\ .i 1 41 . - lit... 1 ■( •• •■* ■* J J /*■ T/» ■• • DESCRIPTION; LOT 4, AUOirOTTS SUOO. 362 HENNEPIN COUNT Y, MN. ADDRESS 740 NORTH ARM DRIVE i niisSJfiSl ■AlUlUUa V- . : \ is B-e- "I a>iA^ w-?|| y •'.* ■ ■s£i , :/• . r r ■ •• i-'C;'•• V i. .r*-/ ! ^?. >' h<rri ,5.^ Mgf» ^(Xrtg^ #«.. • *; \ m •• .*\• *•'• '• (5>A.VJ. A \ \ tt \ •Tuff y CWVisSxM \ \ \ \ <Dly^ ■ '• '* * ■0 6f^ ^fTOwC *t U+Jpi>U^ .-TUff \ JtTLV f«fcP^ioije. ^PJuesf. f6TP*4i4i, vM»>u<i \ tn . . • SmIL l^-AHf • • ‘ • • _ ^i-vYeoa^e. • *' • 1 v £2.Corsica Kihi€ * J tovA4tc^ MA^ne ^n*- ■ .'.’V^ n t-Mj4\j^vak>me 9'W-?6f.1 ij 10 >t^^fe(»prrtr7^^y«Dl0 S ^v<,_ -'I 10 4 ie&j4ya»if^'Y ‘ A|HSiCcfcfc*fuj !' t V*?C^<»^^-* • 16>Aw\H. ^VifjL ' •' arxWA-' >cti4in^ojv VOAT^t^-HL*9wi::.R)^ ■■ 10 ' •• w^tscafT AtJ'fo*-*- X* I 1" 11 # Up •jurtser jvfve '^Vbb -.'A^.f'rf^isti.fjep^ .rWe. ^t+f^Pt?ep . • ••^ ■'- — lAUl/Ci^ *..-». •--^’^?<».t’—5?&-i!liA.--4tt;^. fee /*J5?"Avv^_k^fif . A 't*CMfte-p-...1!?...Mi(4Mit€..,. ef-«#ioa.... __ !^P5‘ IfCii t?:Siiffi ill /i^^JlfeirdeUMftg ^jQUWwlQOn •v^ I \ “■^ I - ■ ^'-^m #■■ S^^S! e’ HAfUt »v j'^hPoV 5«B Mk \ \ - -i - Ml Mixture SOA Modified (SOB) -Forage & Native Cra.tses Common Name Botanical Name % of Mix Whest-grass, slender "Revenue"Elymus trad)ycaulus 8.0 Bluestem. big "Bison”Andropogon gerardl 7.0 Brome grass, smooth Bromus Inermis 15.0 Rye grnss. perennial Lolivm perene 20.0 Alfalfa, aeeplng Mcdicago saUva 4.0 Legume, native (see below)NA 1 0 Switch grass "Dakou"Ponicum virgatum 8.0 Timothy Phlewn praeiense 70 Bluegrass. Kentucky "Park"Poa praxnsis 30.0 Total:100.0 AcceDrabie Native MiUcvetch, Canida Astragalus Canadensis Prairie clover, purple DaJea purpureuw Tic-trefoil, showy Desmodium Canadense Bush clover, round headed Lcspedcxm capita (a Vetch. American Vida americana Rate; 50 Ibs/acre (55 kg/ha). ---------------- — Descriptiom Forage and native grass mix. Readies a licight of approximalely _Z4 inches. General purpose seed mix For roadsides and pastures. Mn/DOT Seeding Manual 2000 (Paga 21) Mixture GOA Modified (GOB) - Low Maiotcnance Turf corntnon Name Botanical Name % of Mix Fescue, creeping.fed ’Cindy"Festuca rubra 10 0 Rye-grass, perennial "Elf Lollum perene 140 Bluegrass, Canada Poa compressa 120 Bluegrass. fowl Poa paJustris 100 Bluegrass, common "98/85"Poa pratensh 12.0 Bluegrass, Kentucky "Park"Poa praiensis 120 Blucgr.v5s, Kentucky “Caliber"Poa praiensis 10.0 Alkali grass. “Salty"PuccineUa dlstans 19.0 White clover TriFoUum repens l.O Total:100.0 Rate: 100 Ibs/acrc (110 kg/ha). Dcsci Iption: Low maintenance turf ndx. Rcachesa height of approximately 12 uiches General purpose seed mix for areas where a low maintenance turf mix Is desired. r na^ 12 2004 16:08 BONESTROO ROSENE RNDERLIK 6516361311 P-2 ^ J Bonestroo Anderilk & ^\j f Associates Enginscrs fc Architect: 233S West Highway 36 • St. Paul. MN 55113 Ofnee: 651-636-4600 • Fax: 651-636-1311 www.bonestroo.com May 12. 2004 Mr. Mike Oaffiroii Planner Director City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re:740 North Arm Drive File No. 139-04-000 Plat No. 04-3002 Dear Mike: "We have reviewed the plans for the proposed shoreline improvements at 740 North Ann Dnve. The proposed improvements include removing an existing boathouse and constructing a series of boulder retaining walls to siabiUre the shoreline embankment. We have the following comments with regards to engineering maaers; The plans should include proposed erosion controls. All silt fence should be the heavy duty type with steel t-posts. The planting schedule should identify the heists of the full grown plants. All proposed plantings shall be at least 4-feet in height to screen the retaining walls. Without adequate screening the walls will appear to be 18-feet tall from the lake. All erosion control measures should be inspected and approved by the city prior to any work cn site. The erosion control should be rr.aiatained and remain in place until the vegetation is established and the slopes are stabilised. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO. ROSENE. A>IDERLIK Sc ASSOCIATES. INC, /cr^ Tom Kellogg Cc: Greg Gappa, City of Orono • St. Paul, St. Cloud, Rochester, VVillmar. MN • M'lwaukee, Wl • Chicago, iL f o o %. "ft \ / CITY of ORONO Municipal OITices Street Address: 2750 Kelley Parkway Orono. MiS 55356 Mailing Address: P 0 Box 66 Crystal Bay. MN 55323 0056 May 3,2004 G & L Land Investment, LLC. 8659 Great Waters Alcove Eden Prairie, MN 55347 RE: 60-Day Extension for Application #04-3002,740 North Arm Drive 60-Day Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on March 17, 2004 and the 60-day review period would end on May 16, 2004. Since the Planning Commission .‘»nd City Council have recommended denial of your request to keep the boathouse, your amended application for a conditional use permit caimot be heard until after May 16, 2004. Therefore, the 60-day review period is hereby extended an additional 60 days to July IS, 2004. As discussed during our on-site meeting following the Planning Commissions recommendation, construction of the house may begin following approval and receipt of a building permit and demolition of the existing house and boathouse. Your amended request for a conditional use permit to conduct land alterations within 75’ of the lake will be placed on the first available Planning Commission agenda following receipt of the required plans. Should you have any questions I can be reached at (952) 249-4623 . Sincerely, City of Orono JjUUOL Janice Gundlach City Planner cc. Mike Gaffron, Planning Director Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.iu f Jam Fraa Printing ust Avary* Tf MPLATI5160* www.avaiy.com 1-800-GO-AVERY 0611723440001 Cluistopher Sc Claudia Engeler 1620 34’^'’. A VC Kcno-nha, W1 53114 •09is oAliaAV AWAV-OD-008-l UiO>'AjOA>'MM/V\ B'AVERY* site* C6l 1723320003 0611723430003 0611723430004 Lakeview Golf of Mika, Inc.Gregory M Harty Jeff D & Cara Ziebarth Red Oak Lane 700 North Ann Dr.706 North Arm Dr. b.wund, MN 55364 • Mound, MN 55364 Mound, MN 55364 0611723430005 0611723430006 0611723430007 K A Otteson & S K Dickliauscn E G Hagberg William L. Sclunitt 710 North Ann Dr.740 North Arm Dr.750 North Arm Dr. Mound. MN 55364 Mound, MN 55364 Mound, MN 55364 0611723430002 0611723430006 0611723430010 Douglas F Watson Jeffrey P Carlson D A Carlson & M C Ray 680 North Arm Dr.770 North Arm Dr.780 North Ann Dr. Moiuid, MN 55364 Mound, MN 55364 Mound, MN 55364 i - 'i ,0915 3iV1dW31,4jaAV i 6uiiufid i loafeaMicui tI 0611723430002 DOUGLAS F WATSON 680 NORTH ARM DR MOUND MN 55364 0611723430006 JEFFREY P CARLSON 770 NORTH ARM DR MOUND MN 55364 0611723430010 D A CARLSON & M C RAY 780 NORTH ARM DR MUOUND MN 55364 0611723440001 CHRISTOPHER & CLAUDIA ENGELER 1620 34™ AVE KENOSHA WI 53114 i . .......I 111 IIMI'IU I ■mii'i Tf ilniiiiTri r • ■ \ V, 4-i V; ■^. •'• -. '. ft*« j/- i--5? ' 7 ' >< - -• . .T*^ H VI •» •- ^ * . ■ V % ;• ;.: .1 r. \ Date Application Kcccived: 04-21-04 Dale Application Considered as Complete: OS-11-04 60-Day Review Period Expires; 07-11-04 CniiMrii MFPTING MAY 2 4 2004 CITY OF ORONO REQUKST FOR COUNCIL ACTION Date: May 20,2004 Item No ^ Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: <104-3011 -Thad & Danielle Steele, 4050 Bayside Road - Variance - Resolution Zoning District: Lot Area: RR-IA, One Family Rural Residential, S-acre minimum 12.7 acres List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice dated 05-18-04 C - PC Memo & Exhibits dated 05-11-04 Application Summary: The applicants arc requesting variances in order to construct a detached garage closer to the front lot line than the principal structure and 75 ’ from the front lot line where a 100’ setback is required. Planning Commission Recommendation On May 17,2004, Planning Commission voted 6-0 on the Consent Agenda to recommend approval of the variances. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOl.UTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-395 SUBDIVISION U AND SECTION 78-1435 KILE NO. 04-3011 WHEREAS, Thad Douglas Steele and Danielle Rae Steele, husband and wife (hereinafter The applicants") arc the owners of the property located at 4050 Ilayside Road within the City ofOrono (hereinafter the "City") and legally described as follows: Lot 2, Block 1, Popov Addition, 1 lennepin County, Minnesota (hereinafter the “property"); and WHEREAS, the applicant has made application to the City of Orono lor a variance to Orono Municipal Zoning Code Section 78-395 Subdivision B to allow a detached garage to be locateil 75* from the front lot line where a 100’ setback is required; and WHEREAS, the applicam has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow a detached accessory structure to be located nearer to the front lot line than the principal structure. NOW, THEREFORE BE IT RESOLVED by the City Council of ()rt>no, Minnesota; FINDINGS 1. 2. This application was reviewed as Zoning File W04-3011. The property is located in the RR-l A, which requires a minimum lot area of 5 acres and minimum lot width of 300*. The property is 12.7 acres in area and has a lot width of 500’r. 3.The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of the variance based on the following findings; Page I of 4 r a.The location of the proposed detached garage far removed from the developed portion of adjoining large-lot properties is such that the garage will have little or no visual impact on the adjacent properties or from Bayside Road. b. Existing vegetation will screen the garage from neighboring properties in all seasons. 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety welfare of the community. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 78-395 Subdivision B to allow construction of a detached garage 75 ’ from the front lot line where a 100’ setback is required, and a variance to Orono Municipal Zoning Code Section 78-1435 to allow a detached garage to be constructed closer to the front property line than the principal structure 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 arc not in conformity with City codes will require further Planning Commission and City Counci' 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 Page 2 of 4 i '4k the new construction within one year of the date of Council approval, or the variance will expire on that date (May 24,2005). 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, understood and hereby agree to the terms of this resolution and o.i behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 24“* day of May, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STA TE OF MINNESOTA COUNl Y OF HENNEPIN The foregoing instrument was acknowledged before me on this 24*'* day of May, 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 Page 3 of 4 il TYPE OF REQUEST: Variance DATE OF MEETING: May 17, 2004 Planning Commission recommended as follows: Consent Agenda approval of the proposal as submitted: VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confinned as: City Council - Monday, May 24,2004; Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. FILE #04 3011 May 11.2004 Page 1 of 3 Date Application Received: 04-21-04 Date Application Considered as Complete: OS-11-04 60-Day Review Period Expires: 07-11-04 To:Chair Mabusth and Planning Commission Members Ron Moorsc, City Administrator Front: Date: Subject: Melanie Curtis. City Planner May 11,2004 CONSENT AGENDA Kt'' 04-3011, Thad & Danielle Steele. 4050 Rayside Road. - Variances - public hearing Zoning District: RR-1 A, One Family Rural Residential District, S-ucrc minimum Lot Area: 12.7 acre (555.796 s.f.) Application Summary: The applicants arc rc(iiiesting variances in order to construct a detached 24’ x 32 ’ garage closer to the front lot line than the principal structure and 75’ from the front lot line where 100 ’ is required. StafJ Recommemtation: Planning Department Staff recommends approval of the variances as requested._____________________________________ Pertinent Zoning Ordinance Sections Sec. 78-395. Area, height, lot width and yard requirements. Lot Area (acres)Lut Width (feel)l-iont Void (feel) Side Yard (feel) Side Yard Adjacent to Street (feet) Rear Yard (feet) 5 100 100 50 too too Sec. 78-1435. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots arc subject to the setback requirements of section 78-305(b), section 78-330(b) and section 78-3SO(b); except that detached garages may be located ten feet from the street or rear lot line when doors face away from the street and a turnaround is provided on the site. List uf Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Sitc Plan D. Propo.sed Plans and Idevations E. Photos F. Property Owners List G. Plat Map r FILE «04-3011 May 11,2004 Page 2 of 3 Background The applicants, Thad and Danielle Steele, have recently purchased the property at 4050 Bayside Road. They are requesting variances from City Code Sections 78-395(b) and 78- 1435 in order to construct a detached garage nearer to the front property line than the existing home and at a 75' setback rather than 100' as required by Code. LOT ANALYSIS WORSIIEET Lot Arca/Width; RR-IA Lot Area Lot Width Required 217,800 s.f (5 acres)300' Actual 555,796 s.r (12.7 acres)400'+ Setbacks; RR-IA Required Existing Proposed Front 100'260 ’75’ Rear 100 ’600 ’+No Change West Side 50’140 ’(house)140 ’(house) 229’ (garage) East Side 50’320’(house)320’(house) 240’ (garage) Structural Coverage; As this property exceeds 2 acres the 15% maximum structural coverage limit does not apply. Front Yard Setback Variance & In Front of the Principal Building The applicant has proposed to construct a 24' x 32' detached garage 75' from the front property line and 160' closer to the front property line than the existing home. The rear 4.6 acres of the property is wetland and protected by a drainage casement. The topography of the lot near the home and the location of the existing well and septic system make locating a detached garage difficult in this area. The applicants wish to utilize the existing driveway for access to the proposed garage. The location of the proposed garage will have little or no impact on the adjacent properties. The existing dense vegetation will screen the neighboring properties and Bayside Road from views of the proposed garage in all seasons. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exliibil B, and should be asked for additional testimony regarding the application. FILE #04-3011 May 11.2004 Paga 3 of 3 Hardship Analysis /« considering applications 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 of fire, risk to the public safely, 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 hardsh^ because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orona Zoning Code. Staff finds that due to the existing vegetation, the orientation of the existing driveway and the location of wetlands to the rear of the property there is a hardship to justify granting the front yard setback variance as well as the variance to be nearer the front lot line than the principle structure. Should the applicants be required to meet the 100* front yard setback significant tree removal would be needed. There is an existing clearing at the location where the detached garage is proposed and little vegetation removal would be required. bsues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the variances as requested. Because the site plan is not a certified survey, a survey will be required before this is presented to Council for final action. —in 3xV\ibi+A City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # Q^( ♦ 30 \ \ Main: 952-249-4600 fax: 952-249-4616 Mailing Address' P.O. Box 66 Crystal Bay. MN 55323-0066 Date Received: ^\~Li -Cvj Amount Paid: / fCO. Staff: Fee: S600 Renewal: S300 Aftcr-thc-foct: $1,200 Double Fee This application form must be completed in full. App leant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address;/ Property Identification Number (PIN); (Attach legal description to application if not.included on the survey.) Date Property Acquired (month/year); ^IQ^i □ Yes, I own the adjacent parcels. Present use of property^ ,t5-Residential ' □ OiherV-U,-1 k ---------------------------Zoning District; APPLICANT INFORMATIO.N: Complete legal na.-es_ar}d marital status required for each interested party) -- / Name; t I Hg d ^ CV f H Phone (home); 1 // - Phone (work); <7 - PLj ^«-/ Address; r ,, ,^ if '| Aui/otrlr- Email: (Iffc u.ill r r7^ CWf-fC;. ^0>T^ax: OWNER INFORMATION: (Complete legal names a'd marital status required for each interested party) Name; T 11 /i H i T) cl \ l I f 11 (’ ^)-f r r 11'. /. 111 bf.t. K ^ i'- /.nr. Phono (homo): Address; Email; : 7-, ^yr;c\ gLincI ^^/:i if .idr Phone (work); ((■ /p, l( :x t-\ <? Ii.lt' (! P-r-Vfr rlr (ju f-lAFax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additi l/tlriq W dtlc^ U mm'/WA -'fci cc^ ^ ^J T IL Estimated Project Cost: $ ^Q, QSf dditional sheets if necessary): __________________________ ilg r' [;| r> u sr - / 1!o \j9r f-' Vi 1 •• • • • • • . • • *. • • • i • i % REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. d^Pre-Application Meeting Form, completed hu a r.ih/ Planner •.'7 ‘V- * ■0^ Completed Application Form Com pleied.Haialship-Oocurpentation l^m cv Certified Property Owners List - owners within 150 ’ of the subject property, labeis and plat map. List, labels and map may be obtained from Hennepin County Department of Finance ..Government Center. A-603 300 South 6*'' Street. Minneapolis, telephone 612-348-5910 Q ' Onglnaf Cenificale ot survey (signed by a iicenseS~sDrveyOr)7TfTeetihg alTthe requirements listed within this packet, including hardcover calculations. Also provide one coov 8.5" x 11" or ^ '111 ’’ X 17" for reproduction. g n.Completed hardcover calculation worksheets (as provided within the variance packet).. O Topographic survey — inciuding existing and proposed elevations. Provide one coov o 5" x 11" or 11" X 17" for reproduction. ^ ‘ □...-^Sketches or pians of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she Is solely responsible for subrnitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject It until it is complete or to recommend the request for denial of the request regardless of jits potential merit. Applicant's Signature; Applicant's Signature. Date: Date:. \ -f\ !':■ i <1 OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner’s Signature: Owner's Signature: Date: ------------Date:CM- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at alt scheduled review meetings of the Planning Commission and ouncil. If an applicant is unable to attend a scheduled meeting, please make arrangements to nave ari authorized representative attend in place of the applicant and advise the City Planner assigned to your project. ' JS -r :~ • : 0 \\ : 1 •- 4 V- —«T. Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City,____________________ I Minnesota State Statue Section 394.27, Subdivision 7 require? loot a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered \/alid hardships. In order for an application to be heard by the Planning Commission an ' City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance Is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.ditions aiiowea oy me oniciai controls. , / /^ - i I in/j Jriu’i/iHoii'. I'lit.'I./' a r^ih,'c>.b:)cy\ irSijiMP ''Hinr i)LI If » t <?i. Cli l.>fiiihd U 2. __ hOUi»<-' • "The plight of the landowner is due to circumstances unique to his property not created by the.landowner.sated by the landowner." , r i i I « i • / <4 oidriificAH/t 6 j- ^ n tul f. f ri iV f- ivOMr:l iWri fv ht^ f ('■ U t7j I f: i'll/- l-utM___pM f; iyt i Ihr/x ( 'iCir i._________ 3.•The variance, if granted, will not alter the essential character of the locality.".. ,■ ' ........" .......................... ' - .thu'i lr.ti>/.r| /<'*" ___________■ ................................................................ “ ■■ " If ft iLCL ( VI (’/lii -- [t' f.icthu'l ___ULi 'I lI» Vjrr.l j tO'l i I iC" H(i /S Lj—yl\UL-l i I '^~7\ «^iri ll 1/1^ if t'f) 'H 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." "This )A /?vi tti.cnCirnLC^ use fci> Tl\j- prtipcvkj rlOfc dXiSl~ r't-ling K C u(H I'lA r.(lO U3cuttiitA ri(.iAiyr^*'iar:aiiaiMivi ■frvvs a.ncf aw/'^ htihdrctls friulcleadS Of. d'n-ir SiJlf Cf |)HJpt J t "sipinC SI jWcjo akJ CuttlKi) (juwn aP 1^ r •* ! * . ' ♦ • • • %«:••• Page 2 of 3 5. 6. ‘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." ^ . ______fbouii aiif'mij, i ^ Hotr Cry\ he^'C,.______ "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 and is located." 'Tll;l^ ^vCitYu-(o: iUl: ilh ___________ 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." , ^ .-------i£-lv I»(_[}:£_.o»u - U.nu.C^ 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediate y adjoining property." ________I h'l tv ur__________________________ 9. 10. 11. •The conditions do not apply generally to other land or structures in the district in which said land is located.." __________Tf/iis tS'h ia:______________ •The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ___________^ . ivvCC__________________________ "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 ______T H'l -V (S tv tcc J. l V* n ,0y.I r i •i Page 3 of 3 12."The granting of such variance will not merely sen/e as a convenience^ to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." • _ - ^ / - — '■ " I'y Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): "ipTTkJTi fTi JKr~ri;(7. acUp if rl id-iAnu n f If Lu fiLLid IrC, Vn LI__.f•^lL /I I'n tHiil-La tl Li r’<!^-.f/u- iiPLl Iji 1 n r )d C C aT/ Sr i t 1. (: 1 K z’ ^ 77 ic J d Li Ul CVC hi'f-lrr.H/>/?Ai A itni (7ai uu 0 An'AiA.hit' ' ■t'lxC.. ((A i r-f-7 t o tc ift 1 »(/I Ci ’ llp i iJn i I'll 11 C'U -*'C.....................................................- » Z — Hni irlti d 76' f,ctU‘ClC f-i t'iH the- frC'K f- c f- 7i iL h I tj ■'ll’ f f'U h\//jUA if DU •/-'iht bJi-n tv/1 »vi/i h l/< ^ y . 1 . ^ .........../ Kind ti;/'*' t'j Y — iiu<^ K& n.i'ncviJ U- tuc « ■ *♦/ . k: * r • i IV i! ■) k kx +h ?^itP THE ALMOND GROVE EARN Roor Space: 768 Sq. Ft. Loft Space: 672 Sq. Ft. Roor Space, F,ach Expansion Shed: 288 Sq. Ft. .5T^ . • ^ :A*.**. «rv7n^'iS> .'I irv:|;!ii %: •■' v '-^ *•;;. •-a- . s- i./Y^ I •• ■.» o •v I ^4 t I'Inji 2V I ’ \ 2*r l \p insum Sh; i| S(.HI> fit I.oh NliJin^ l)..ar-T : j .;• I • . —< I ^ :’T~: rcni-r?-u •• • Order Pole Barn Plan #N-2« Send $-19.00 for first set, $10.00 for each additiunni set, plus $5.00 Postage to: • “• •.f' 'V » \ Donald J. Berg, A.I.A. P.O. Box 698 Rockville Centre, NY 11571 New York residents add sales tax. •• .'c/ c • or.....Order by phone 1-800-887-2833 Please leave a recorded order k * •,*. ' r » t \ } \ f ' I t« < ■/. ^ •/ / .//; c>:;,S't'-. .•>X pi:■.>• J, • • .J *.r .4- . • 1. • ^••;'■. ■'. •'; .. jx'.v.ji/. ■-^•mumk;/ «m wm^ mm 1‘'/ m' life I-«iii •, • i ^ •. 4 . • r.. •• • • ? - ■ *' • -^ • viav r>'rAi C^/^}U\(iL lOCAV^'f^ t'A |. f/^(v.iV il^-X (‘k">i’m) m vV‘>-'M- ■ -V - Tii<mWSsl^ rr%. ,-•, .-i- >--t;.;»m®|P ', /i ,■ .tmmm*.M }.-I » V .:‘ •J.->V^rM y ^ V* A *«M • ‘ *.4 *. »l* ”*• \ * •• • / / * •• u V; ' •• -Tr*-;:• • ,''• • . •>*»'V>. ••' « • ■^' * «•» • . % •’ A.#' • • ..s-'f^. •* •■' ■• ' Vi ; \*" ■• :♦ ‘' '.^> r*"- • ,* • ;• i • •' *' • • Vf-v ---- • > ?- ■■ •/* .»w- ■ i>^?oSL^ lomION ni- ♦ ^ * ’I •- • • Uv RUNDATE;4/2I/2(I!M 31 061172)11000) PROPADOR 4246 BAYSlOE RD OWNER NAME VCI CAPITAL INC TA)(PAYER VCI CAPITAL INC NAME/ADDR PO BOX 375 LONG LAKE MN SS)S6 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST )S 061172)110004 PROP ADOR 40S0 BAYSIDE RO OWNER NAME 04M CONNELL TAXPAYER GARY D CONNELL NAME/ADDR 4050 BAYSIDE RD MAPLE PLAIN MN 5S)S9 ]g 061172)110006 PROPADDR 4010 BAYSIDE RD OWNER NAME CURTIS A EUZABETH UVANG TA7CPAYER CURTIS A ELIZABETH LEVANO NAME/ADDR 4010 BAYSIDE RD MAPLE PLAIN MN S)3S9 PAGE; I 38 061172)140014 PROP A(X>R 4010 BAYSIDE RD OWNER NAME M J A M M HARixiNGTON TAXPAYER MARK A MONICA HARRINGTON NAME/ADDR 4010 BAYSIDE RD MAPLE PUINMN 55)59 38 311182)410012 PROP ADDR 4025 WATERTOWN RD OWNER NAME MARY BETH ) FANDEL TAXPAYER MARY BETH J FANDCL NAME/ADDR 402. WATERTOWN RD MAPLE PUINMN 55)59 38 3111823440004 PROPADDR 50 CRISTOFORJCIR OWNER NAME S S BERGERSON A A BERGERSON TAXPAYER SHAWN S BERGERSON NAME/ADDR 50CR1STOFORICIR MAPLE PUINMN 55359 a ■ I CERTIFY THAT THE FACTS REPRESENTED ARE AN pcrORDS TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENUO THE BEST, OF MY KNOWLEDGE AND BEUEF. DATE ^ BY ’)L. r Date Application Received: 4-21-04 Date Application Considered as Complete: f -7-04 60-Day Review Period Expires: 7-6-04 COnKir'ii ancrriNG MAY 2 4 2004 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date: May 19, 2004 Item N(*.: \j^ Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Planning Director Agenda Section: Zoning Item Descriptioa: #04-3013 George Funk, 540 Old Crystal Bay Road South - CUP - Resolution List of Exhibits A - Resolution B - Notice of Planning Commission Action 5-19-04 C - Memo and Exhibits of Mav 5, 2004 Application Summary: Applicants request a conditional use permit per Municipal Zoning Code Section 78-418, Subdivision (16) to allow plumbing including a bathroom with toilet, shower and sink within an existing detached garage structure. Planning Commission Findings and Conclusions: Planning Commission reviewed this on May 17,2004 and recommended approval on a vote of 6-0 subject to the standard covenant conditions which limit the use of the accessory building. Staff Recommendation: Staff concurs with the recommendation of the Planning Commission. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached Resolution. PROPOSED MOTION: Moved by __, seconded by ___, to adopt Resolution No.___granting a conditional use permit for plumbing in an accessory structure for George Funk at 54u Old Cr>'stal Bay Road South. r A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR PLUMBING IN AN ACCESSORY STRUCTURE PER MUNICIPAL ZONING CODE SECTION 78-418, SUBDIVISION (16) FILE ^04-3013 WHEREAS,George C. Funkand Judith A. Rogosheskc, husband and wife, (hereinafter "the applicants") are owners of tlie propeny located at 540 Old Ciy stal Bay Road South within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block I, \\’H1TE OAK OVERLOOK, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 78-418. Subdivision (16) to allow plumbing including a bathroom with toilet, show er and sink w'ithin an existing detached garage structure ; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City ofOrono Zoning and Planning Codes, the Orono Planiung Commission held a public hearing on May 17.2004, at which times al I persons desiring to be heard concerning lliis application w ere given the opportunity to speak thereon. , THEREFORE, BE IT RLSOLV ED by the Cits' Council of Orono, Minnesota: FINDINGS 1. This application w.is reviewed as Zoning File f?04-30l3. 2.I he property is located in the RR-1B Zoning District, where 2 acres is the minimum lot area. The property is 6.76 acres in gross area. 3.The Planning Conunission re\ iewed this application on May 17,2004 and on a \ ote of6-0 recommended approval of a CUP for plumbing in the accessory structure, based on the following findings: Page 1 of 5 a. b. c. d. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. The property size and accessory building location are sufficient to allow the conditional use permit to be granted. The CUP should be subject to the standard “Plumbing in Accessory Stmcture ” covenant. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that granting a conditional use pennit to allow plumbing in the accessory structure w-ill not be dctnmcntal to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor wall its use depreciate surrounoing property values and that the proposed Ic'- i of use of the property will be in keeping w ith the intent and objectives of the Zoning . ode and Compirhensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoiung Code Section 78-418, Subdivision (16) to allow plumbing including a toilet, shower and sink within the existing detached garage accessoiy struemre, per the site plan and building floor plans attached to this Resolution as Exhibit A and as annotated by City staff, subject to the follow ing conditions; 1. The applicants by executing this resolution agree and covenant that the property will be bound by the following conditions: Page 2 of 5 f ■ - fl A) The accessory building will not be used for a home occupation unless specifically approved by City or it allowed by City code; B) The accessory building will not be used as a dwelling unless a guest house CUP is obtained; and C) The accessory building will not be rented, leased or oihervvise provided for use as a dwelling under any circumstances. Authorities granted by this resolution run with the property not with the applicants, but are pcmussi\'c only and must be c.xerciscd by obtaining a plumbing pemiit for llic noted facilities witliin one year of the date of Council approval, or tliis approval will expire on that date (May 24,2005). Violation of or non-compliance with any of the tenns and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically tenninate any aiithoritv' granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the temis of tliis resolution and on behalfof themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of May, 2004 ATTEST: Linda S. Vee. Citv Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of May, 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 MINNESO TA COUNTY OF HENNEPIN The foregoing instrument was ackitowledged before me on this_day of_____ Linda S. Vee, City Clerk of the City of Orono, a Miruiesota municipal corporation and said instrument was executed on behalf of the City. ,2004 by Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this____day of George C. Fu;ik, husband of Judith A. Rogosheske. .,2004 by Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this____day of Judith A. Rogosheske, wife of George C. Funk. .,2004 by Notary Public Page 5 of 5 E CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #04-3013 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: Mav 19. 2004 TO:George Funk 540 Old Crystal Bay Road South Long Lake, MN 55356 COPIES: TYPE OF APPLICATION: CLl’ - Plumbing in Accessory Structure DATE OF MEETING: May 17, 2004 Planniog Cummission recommended a$ follows: Approval per staff recommendation in May 5 staff memo. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: _____City Council - Monday. May 24, 2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. M04-3013 May 17,2004 Page 1 of 4 Date Application Received: 4-21-04 Date Application Considered as Complete: 5-7-04 60-Day Review Period Expire*; 7-6-04 To:Chair Mabusth and Planning Commission Mcmbt'rs Ron Moorse. Citv Administrator From: Date: Subject: Janice Gundlach, City Plaruier May 5. 2004 tt04-30l3. Geoi ge Funk. 540 Old Crystal Bay Road - Conditional Use Permit for Plumbing in an Accessory Building - Public Heannc Zoning District: Lot Area: RR - 1B. One Family Rural Residential District (2 acre minimum) 6.76 acres (294.479 s.f.) Application Summary: Applicant requests a conditional use permit to allow plumbing to be installed, consisting of a batlvoom with tub, shower and sink, within an existing detached garage. Sla//Recommendation: Staff recommends approval of the plans as submitted. Pertinent Zoning Ordinance Sections Sec. 78-418. Conditional uses. Within any RR-IB onc-family rural residential district, no structure or land shall be used for the following uses without a conditional u.se permit: (16) The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provi.sion of municipal sanitary sewer or a conforming sewage treatment system designed to heuidle the anticipated flows from the building plumbing. List of Exhibits Exhibit A - Applications Exhibit D - Survey Exhibit C - Proposed Floor Plan of Upper Level Bathroom Exhibit D - Septic Routing Plans Exhibit E - Photographs Exhibit F - Property Owner's List Exhibit G - Plat Map Background The applicant received a building permit in May of 2003 for construction of a detached garage of which construction is almost complete. At that time the applicant did not propose any plumbing and therefore never applied or rccei cd a conditional use permit. C / ^*1 t \ 1^04-3013 May 17, :v»04 Page 3 of 4 Conditional Use Permit Analysis Section 78 - 418 (16) establishes a number of conditions that must be met to receive approval of a conditional use permit for plumbing in an accessory building. Approval shall be granted only when the following criteria are met; a. The council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighbori.ood. The existing detached garage has existed for almost a year and the applicant s property is of sufficient size to support the bathroom without the residential character of the neighborhood being compromised. b. The council finds that the plumbing fi.<tures proposed are in keeping with the intended use of the accessory building. The applicant is proposing a toilet, shower and sink within the upper '/: story of the detached garage These fixtures do not indicate any significantly intense use which cannot be supported within the detached 2-stall garage. c. The property is 2.0 acres in area or larger. The applicant's propety / > in excess of 6 acres. d.The accessory building is confonning in location, size and height. The existing detached garage meets all setback requirements, is in conformance with size restrictions of the accessory structures section of the Zoning Ordinance, and meets the 30' maximum height restriction. e. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1.Used for a home occupation unless specifically approved by the city or if allowed bv this Code. 2.Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. The applicant has agreed to the filing of this covenant in the chain of title on the property. Therefore, it is staff s opinion that all of the above criteria are met and that the conditional use permit should be granted. #04.3013 May 17.2004 Page 4 of 4 Issues for Consideration I. Are there any other issues or concerns with this application? Staff Recommendation Approval of the plans submitted stipulating the following: 1. The covenant listed above shall be filed in the chain of title of the property. k CITY OF ORONO - GENERAL LAND USE APPLICATION Application# 0^f 3 Date Received" ^ Amount Paid ikOo cc PROPERTY LOCATION ^ i r / / A Site Address______^ lO Old Q Type of Application tcbe Filed CC/p Ua/j i.f< f S Property Identification Number (P.I.D.) OH ~ ~ APPLICANT Name Goorgo Funk 540 Old CrvGtai Bay Rd So —Lono LCiK">un .gj»3&6— Phone (home) ____________ Address Phone(work) ^7 5 *? - 1- L r > ^ 6 S- s _City____________Zip___________ OWNER (if different than applicant) Name _________ " Phone (home) P Address ______ Phone (work) _ City______ Judy Rogosheske r 540 Old Crystal Bay Rd So >-L. Lo'^ Lak^ f/i i, j5Q0C Zip. Date Property Acquired ) y S 3__________ (do not) also own the adjacent parcels of land. ^ (month/year) i-r c •( f(i f FEES - CONDITIONAL USE PERMITS - $600.00 Residential Accessory Use $600.00 Institutional (church, school, etc.) S600.00 Guest House/Guest Apartments $600.00 Duplex Credit/Bldg $600 00 Commercial/Industrial Use $600.00 Land Alteration + Permit ____Grading and filling - designated wetland or fioodplain ____Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$600.00 Commercial Site Plan Heview (•*■ consultant fees) _______$600.00 Vacation _______$600.00 Easement Vacation _______$100.00 Easement Vacation With Subdivision ______$600.00 Rezoning (PUD - refer to fee schedule) _______$600.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule ,1^ *v n (V tV' .( 4 Vi V Ki REQUIRED SUBMITTALS 1. v/ Completed Application Form. 2. Describe request in detail. -3,—-------Certified Property Owners List of owners within 350’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 “'' j Street. Minneapolis, telephone 612-348-5910). 4. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5. Attach legal description to application if not included on required survey. —--------Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7.V List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ......."—Construction plan, if aj plicable (see staff for requirements). 9.vX As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:___________ Date APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplies true and correct to the best of his/her knowledge. Applicant ’s signature Date 9- A 0 9 OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by^Gity staff, consultants, agents, commission members, and Council members for pi/fp9ses of investigation and verification of this request. Owner's signature Date '¥'7/"09 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. •.* ‘ t ' •» ’;N 1 I idlsAj of^o M City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your p'e-app!icatior. meeting.*) Street Address: 2750 Kelley Paricway Orono, MN 5S35S Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 For orce Use Only: City Planner. _____jApJiL Main: 952-249-4600 Fax: 952-249-4616 Meeting Date/Time: PC Date /‘UtiJ n, 7.0 0 y What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 0/ci (tijSlrJ SrUi S Property Identification Number (PIN) Zoning District: EZ'ifb Size of Property:5T <7 r r" ^ DESCRIPTION OF REQUEST: 0fRes. Access. Use □ institutional □ Guest House/Guest Apt □ Comm / Indust Use □ PRO / PID □ Land Alteration □ Other: r'i/lUiylS CVP -f<^ tX. / r'Cn \ (Jt dt^ru'hirr □ Duplex Credit/Bldg C Com.m Site Plan Review 6’ l;x r\:ifuprjedf.t^ \urv'/Lj ckJ omuj OTHER INFORMATION : !<=, ^/t/ a/if ■j'O 0i ^Cft/'ca. -[J A/rJ i tr- CO Kf r^j- rOci-rdAr . /4l( ^ f ^ira u^r t ~04j irNc•Please note: Your application wilfNOT be ^cepted without a pre-application meeting during which this form will be completed.by City stj Applicant Signature:‘A/Kr^jLn / Date: 2 O'O Y QeorgePunk 640 Ok) Crystal Bay Rd So Long Lake Mn, 55356 • A ' * rM f/'4 V. u • • I* *4 i]rs >4 1 •-■■.i.AkJ - •- t* -*'• • r <-%' O I", I' '5''2 ^-a ^ Goorge Funk 540 Old Crystal BayRdSo Lono lake Mn, 55356 !) 'T)'~P~vi/i/ 5Uck O 75? 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V . . . •^-»v i v»-i<* V ''*-vVis.' • I L ,>-*>•, i 9 r »', > s, 1 (>• ' ',‘ j: 7- '>.. ■:>»w RIJN DATE ;ywow 38 04II7233I000I PROP ADDR A25 OIJ) CRYSTAL DAY RD S DWNl.R NAMK W * !• 1>WTON TAXPAYliR OR WILLIAM O lAWTON NAML/ADDR 01.0 CRYSTAL DAY RD LONCI.AKCMN 55356 38 0411723310004 PROP ADDR 535 OIJ) CRYSTAL DAY Rl) S OWNLR NAME JOHN R GULRINCiL.R F.l AL TAXPAYER JOHN R OIJLRINOER NAMI-yADUU UURA S MORRISON OOl.HINCihR 535 OU) CRYSI AL HAY Rl) S IJONGI.AKEMN 553)6 38 04II7233I00II PROP ADDR 2880 H)X ST OWNER NAMI IJ-SILR E DIOMPSON El AL TAXPAYL.R LESTER E THOMPSON NAMI7ADOR FOJ^ *T RT I UOX 325T LONG LAKE MN 553)6 38 041I7234200M PROP ADDR 2720 TOX S I OWNER NAME L M S11IHHS * I) I. SI OHHSi L M STOBHS A U L. STUDDS NAMjyAODR 2720IOXSI LONOLAKI MN 553)6 3t 0411723420014 PROP ADDR 2)85 WHITE OAK CIR OWNER NAME JALDOUGAN TAXPAYER JOHN FA El YNN LXMKiAN NAMETADDR 2785 WHITE OAK CIRCI E LONG LAKE MN 5)3)6 31 04li;2)4200l7 PROP ADDR 2780 V )llTl OAK CIR OWNERNAME RAJ O INC! TAJtPAYER RK"'<ARU A A JOAN M KUNO NAME/ADDR 2710 Will I E oak CIRCI J1 I'JNGIAKI MN 55356 liFNNF.PINCOUNTY PROPERTY INFORMATION SYSTEM PRCM'I-RTYOWNERS I.LST PAGE; I PROPADDR OWNER NAME TAXPAYER NAM I/ADDR JR 041172331000/ 43) 01 D CRYSTAL BAY RDS P IIEMMEKE A M STEGEMAN PIIBIMEKE A M STEGEMAN 435 OU) CRYSTAL BAY RD S UONCLAKTMN 5)3)6 38 041172)310006 PROP ADDR 58) OLDCRYSTAI HAY RD S OWNER NAME PAUL W HI R(.(iRI N A WIII: TAXPAYER low IJtlUiURI N name /addr 58)01 1) CRYSlAi bay r : IUNOI.AKI. MN 5)3)6 18 041172)340004 PROP ADDR 2801 I OX ST OWNIRNAME DANIEL ) A MARGARLl O Kl DTI IAXPAYER DANIEL J A MAKfiARE I (i Kl IIIh NAMI/ADDR 280ITOXST IjONGLAKLMN 55 356 PROP ADDR OWNER NAME TAXPAYER NAMUADDR 38 04II7/34/U00) 7740 I OX SI OE DRESSEI I lAI ORVILLE L DKT^SSEL 7740 EOX ST WAV/A IA MN 55191 38 041172)420015 PROP ADDR 2775 WHITE OAK CIR OWNIRNAME LESD R JAMES MARIER IAXPAYER STACY SULLIVAN NAME/ADDP <2 SUMMIT PL MINNEAPOLIS MN 55403 PROPADDR OWNER NAM I TAXPAYER NAME/ADDR 38 0411773470022 38 ADDRESS IINASSKiM D Willi E OAK CIRCI E ASS(K’ WIITIE OAK CIRCEE ASSOC OE lONOIAKE. 7770 WIIIIE. OAK CIR EONOIAKEMN $5356 38 04II7733I0003 PROP ADDR 505 OLD CRVSI Al. HAY RD S OWNERNAME DVAMIIARMANN IAXPAYER DAVIDA MONA HARM ANN NAME/ADDR )05OLDCRYSTAI BAY RDS LONGUKCMN 55356 Coorgo nr,x MO OKI CivsinI Rny IW So 1.011(11'Mn I.fCL'iC 38 04II7233IOOIO PROP ADDR 565 OI DCRVSI AL HAY KDS OWNERNAME MARY DRYERS! TAXPAYEJT MARYDRYERSI NAME/ADDR 565 01 HC RVSIAI HAY RDS EONOIAKEMN 55356 38 0411723420003 PROP ADDR 2690 EOX ST OWNER NAME IAN J PETERSEN TAXPAYER lANJPETERSIN NAMI/ADDR 2690 EOX ST WAYZATAMN 55391 •Csv;:-./ :i k •- • t' 38 04M7234?tKK)6 PROP ADDR 2 /(j0 IOX ST OWNIiR NAMI: MINNI lONKA AIANO GROUP INC TAXPAYLR MINNI.lONKA Al^NOGROUP NAME/ADDR H)X ST K)N(J IWKI-MN 55356 • .. •. % J 38 04117234200*6 PROP ADDR 2790 WHITEOAKI IR OWNI K NAME M L DOMER lY/l* J IXJIII RIY I RSI IAXPAYER PJOOMERIYAMI.IKHIIHIY NAMI /ADDR 2790 WHITE OAK ( IR LONGUKI MN 55356 % 31 041177 3470071 PROP ADDR 540 OI D CR VS I Al. HAY RD S OWNERNAME CJ FUNK A J R(X«OSIILSKE (.il'OROE. ITJNK/JUDY ROGOSIIESKIJ NAMT/ADDK 540()ID< RVSTAI.HAV RDS lONGIAKE MN 55356 •> « ax-4 \ • XUNDATEVWOM 38 0411723420024 •ROPAOOR 273$ WHITE OAK CIR 3WNERNAME J A MURRAY R L Z MURRAY TAXPAYER JOHN A R LYOIA MURRAY 4AME/ADOR 2’« WHO U OAK CIR LONGUKEMN SS3S6 38 0411723430002 >ROPADOR 276$ FOX ST 3WNER NAME Y O ROUX RLE ROUX TAXPAYER WES O ROUX YAME/AIMJR 2765 FOX ST WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 2 38 0411723420025 PROPADDR 2725 WHITE CAK CIR OWNER NAME PC BECKER REM BECKER TAXPAYER PAUL C R ELIZABETH M DECKER NAME/ADDR 2725 WHITE OAK CIR IX3NGLAKEMN 55356 38 0411723420026 PROPADDR 2715 WHITE OAK CIR OWNER NAME SRLJENNIGES TAXPAYER STEVEN R LAURIE JENNICES NAME/ADDR 2715 WHITE OAK CIR LONG LAKE MN 55356 38 0411723430003 PROPADDR 2675 FOX ST OWNER NAME P J SLOCUM R I; E GILLKIAN TAXPAYER peter SLOCUM R ERIN GILIJGAN NAME/ADDR 2675 FOX S3 WAYZATAMN 55391 38 0411723430011 PROP ADDR 2760 FOX ST OWNER NAME MINNETONKA ALAND GROUP INC TAXPAYER MINNETONKAAI^NO SOCIETY NAME/ADDR 2760 FOX ST LONG LAKE MN 55356 I CERTIFY THATTIIF. FACTS KHPRCSEKTED ARE AN ACCURATE /\ND TRUERFPRFSF.NTATIONOF INFORMATION AS IT APPEARS THIS DATEONTHI-. RECORDS OFTIIE HENNRPIN COUNTY TAXPAYER SERVICES DEPAR7MBTLTO Till- BEST OF MY KNOWLEDGE ANDBEUEF. DATE r ■ ^^35: c >ir- A\ t?T se«*45-J0t \ ^ :^r ^9^.5v iiiL ----------------------argrjJ — s ' cS <4) % (sisoj) <65.93 _ 232.96 232,9? X ^ 5S (5) S 0^ @ J 5(6) (gjSi (^Soj) 232 96 232.9T — *33 «gST I ____a 253^5 ZZTJi c% •» C3c: oc; ("a7^)S> » O 1 3 o0tbys)? 50 ac 2 >2 (2)tOT 25 (3) «cr 41 ^ O • ^ kp ►- - g (22) o: LU Q —T c I ^ $ <r pk> 31 I M) ric» Dilc Application Received: 04-21-04 Date Application Considered as Complete: 04-29-04 60-Day Review Period Expires: 06-29-04 MAY 2 4 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: May 20,2004 Item No Department Approval:Administrator Approval: Name: Melanie Curtis Title: City Planner Agenda Section: Zoning item Deseription: #04-3018 - Kevin A Michele Kjolczvk. 65 Cygnet Place - Variance - Resolution RR-IB, One Family Rural Residential, 2-acre minimum 1.17 acres Zoning District: Lot Area: List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice dated 05-18-04 C - PC Memo & Exhibits dated 05-11 -04 Application Summary: The applicants are requesting a lot area variance in order to construct a new single family residence on a lot 1.17 acre in area where 2 acres is required. Planning Commission Recommendation On May 17,2004, Planning Commission voted 6-0 on the Consent Agenda to recommend approval of the variances. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolutioiL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 SUBDIVISION B FILE NO. 04-3018 WHEREAS, Kevin Krolczyk and Michele Krolczyk. husband and wife (hereinafter “the applicants") are the owners of the property located at 65 Cygnet Place within the City of Orono (hereinafter the "City") and legally described as follows; Lot 2. Block I, Swan l.akc Addition. Hennepin County. Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 Subdivision B to allow a new residence to be constructed on a 1.17 acre lot where 2 acres is required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File S04-3018. The property is located in the RR-IB Zoning District, which requires a minimum lot area of 2 acres and minimum lot width of 200 ’. 3.The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of the variance based on the following findings; a. No additional land is available for acquisition by the applicants to make the property conforming in area. b. The property is served with municipal sewer. A single family residence has existed on the properly for many years. Page 1 of 4 ___ c. A new single family residence can be constructed on the property meeting all setbacks and other pertinent zoning standards. d. The size of the proposed residence and property is consistent with other approved development in the neighborhood. 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the ctYect of the proposed variance on the health, safety and welfare of the community. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 Citv. 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 78-420 Subdivision B to allow construction of a new residence on a 1.17 acre lot within the RR-IB. 2 acre minimum zoning district, 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 (May 24, 2005). Page 2 of 4 n I 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constiuite 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, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 24*** day of May, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson. Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24'*' day of May, 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 Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Kevin Krolczyk, husband of Michele Krolczyk. 2004 'S'otary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this__day of by Michele Krolcyzk, wife of Kevin Krolczvk. ,2004 Notary Public Page 4 of 4 CERTinCAlE OF SURVrY FOR KEVIN KROLCZYK OF LOT 2. mOCK 1, SWAN LAKL AUDITION MFNNEPIN COUNTY. MIW^ESOTA Mcti. «><X.ia!autlSD«5t5- iol 2, »IIK« I. WH lATf ACOlflOM o iiwfiMiiikri Ocaiiiif% QS0 bond *i#M M dolmi sr-3£g=r=t™a^ Nuir AccMfWCf ml d«t««aH>f lac»li«» •% Itffwtad fcy «f cwwi e GRONUERG 4 ASSOCIATES. INC. CCMftAlMC rMCMCNt. IMO «tM¥CrOI\ «tt fIMtM MOilN MiOlt OMC. IIWB l«M. m Mf 471 4141 ItMl • • ttflMMS *••! %•<»•» tt**4** ftMiawtIlMiMId M1M«« «m«ia --------- u*u r*jir 4/fl/04 IB M» •4> I4« Exhibit CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-3018 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 18,2004 TO: Kevin & Michele Kroiczyk 65 Cygnet Place Long Lake. MN 55356 COPIES: TYPE OF REQUEST: Variance DATE OF MEETING: May 17,2004 Plaoniog Commission recommended as follows: Consent Agenda approval of the proposal as submitted: VOTE:6 FOR 0 AGAINST Applicant’s next scheduled meeting is confirmed as; City Council - Monday, May 24,2004; Meeting starts at 7:00 pm If you desire certified copies of the official Plamiing 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. Date Application Received: 04-21-04 Date Application Considered as Complete: 04-29-04 60-Day Review Period Expires: 06-29-04 FILEM)«-3018 May 4. 2C04 Page i of 3 To: From: Date: Subject: Chair Mabusth and Planning Commission Members Ron Moorse. City Administrator Melanie Curtis, City Planner May 11, 2004 CONSENT AGENDA 04-3018. Kevin & Michele Krolczyk, 65 Cygnet Place. - Variance - public hearing Zoning District: RR-1B, Single Family Rural Residential, 2-acre minimum Lot Area: 50,975 sq.ft. (1.17 acres) Application Summary: The applicants request a lot area variance in order to construct a new single family residence on an existing lot 1.17 acres in area where 2 acres is the required minimum. Staff Recommendation: Planning Department Staff recommends approval of the lot area variance as requested ________________ Pertinent Zoning Ordinance Sections See. 78-420. Area, height, lot width and yard requirements. Lot A tca (acres) Lot Width (feet) From Yard (fed)Side Yard (feet)Side Yard Adjacent to Street (feet) Rear Yard (feet) 2 200 50 30 50 50 List of Exhibits A. Application H. Hardship Documentation Form C. Existing & Proposed Survey/Sitc Plan D. Proposed Plans and Elevations E. Property Owners List F. Plat Map G. Photo of Existing Background Kevin and Michele Krolczyk are the property owners at 65 Cygnet Place. They have donated their existing home to Inner Faith Outreach and plan to construct a new single family residence on their existing foundation with an addition. WP FILE #04.3018 May 4. 2004 Paga 2 of 3 LOT ANALYSIS WORSHEET Lot Arca/Width; RR-IB Lot Area Lot Width Required 87,120 s.f. (2 acres)200’ Actual 50,975 sq.ft. (1.17 acre)200’ Setbacks; RR-IB Front Rear North Side South Side Required 50* 50’ 30’ 30’ Existing 85.4’ 100’+ 67.2’ 69.1’ Proposed 50’ 100’ 31.2’ 69.1’ Structural Coverage; The applicants are proposing to reconstruct a home on the existing foundation with additions which will consist of 7.6% structural coverage for the lot. Total Lot Area Total Structural Coverage 50,975 s.f. (1.17 acre)Allowed: 7,646 s.f. (15%) Proposed: -3,920 s.f. (8%) Lot Area Variance The subject property is located in the RR-IB, 2-acre zone but in neighborhood of similarly-sized lots with sewer. The property meets the lot width requirement and the proposed home will meet all setbacks and be well below the structural coverage limit of 15%. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis in considering appUcailons 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 vatua 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 ii is demonstrated that such actions will be in keeping with the spirit and Intent of the Orono Zoning Code. FILE #04-3018 May 4. 2004 Page 3 of 3 Staff finds that due to the size of the lot there is a hardship for granting the lot area variance as the property is similar to the size of the neighboring properties and it meets all other Zoning District requirements. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Plaiming Staff recommends approval of the variance as requested. I City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Mam: 952-249-4600 fax; 952-249-4516 Mailmg Address: P.O. Box 66 Crystal Bay. MN 55323-C066 Application # ^ □ate Received. D^>7l\ /><■/ Amount Paid; j/j Otj •<’ Staff ; Fee; S600 Renewal: S30Q After-the-fect; $1,200 Doupie Fee This application form must be completed in full. App leant will be notified within 15 days as to the status of the application, incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: rwiCi'ivI VlOCt.- i 0/6>10 'jutTtD'Property Identification Nunroer (PIN): _____________________________________ (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ^ jco □ Yes, I own the adjacent parcels Present use of property: J3-Residential □ Other __________________________ Zoning District:I^K I > APPLICANT INFORMATION: (Complete legal naras and marital status required for each interested party) Name: \Wir \-v wn W'v'c \cz\i'C^ H____________________ Phone (home): <rtS7 - 4.\-Uq - Address: LaS <L,v x Q'tZi! Phone (wefk): LCIL - IS I ' ZHLcO Email: 7umf Z P. ATSn . C ( .t-Vn Fax: QS2 -17^- up 'I'i-'iTtI<IY\7 • *7U5 - M'l"i - ^ 1 rO OWNER INFORMATION: (Complete legal names a.‘d ma-htal status required for each interested party) Name: ri.loov~t^_______________________________________ Phone (home): _________________________Phone (work): ____________________ Address: _____________________________________ Email:Fax: DESCRIPTION OF REQUEST;Estimated Project Cost: $ [^scribe the request in detail (attach additional sheets if necessary): ___________ ^______ -Vih g VhrUSf". USmu £'x-is-\nr>Ci f 7 - atLrrt vr «-ut rcMY\& mh: €. )C(5\<hnc^. O A REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for you: application to be processed. G ^ Pre-Application Meeting Form, completed fay a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List — owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-6G3 300 South 6''’ Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11“ or 11" X 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic sunrey - including existing and proposed elevations. Provide one copy 8.5" x H” or 11" X 17" for reproduction. C3^ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * □□ APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all infc'mation required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant’s Signature: Applicant’s Signature:fy Ilf IXLu- \/aa.<C Date: Date; 4 - i ct OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: Owner's Signature: Date: Date;K( • Ct-j Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. > / f . 7' ^ k;tit |T HARDSHIP DOCUMENTATION FORM Page 1 of 3 This form is a required submittal for ALL variance applications. An application wil! not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considend valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it wil! not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply); 1.“The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.' f 2. “The plight of the landowner is due to circumstances unique to his property not created by the landowner." Our \o^ -VWi- 2.-<a.cv4. w\irum»wn \.ua s C vto ^<-( , cxv ^lS -tV\f.v<L tr:> o.r:Ut c<r . cuWi ^ 3. “The variance, if granted., will not alter the essential character of the Iccality." - rOo:>T Cr( -^Vvu. VY ius < yaw VX. -fi! w\ V\ vonocM*^ . 4. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terns of the Zoning Chapter." • • > : *. ij '.L, J u.. k Is I V s'r4 • < 5. 8. 9. 10. Page 2 of 3 *Undue hardship also includes, but is not limited to, inadequate access to direct suniight for soiar energy systems. Variances shali be granted for earth sheitered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's iand is located." "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." •The conditions do not apply generally to other land or structures in the district in which said land is located." "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." "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 • y • *s Page 3 of 3 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." Hardship Statement Should you feel the hardship cannot fully be described in the above critena. describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): if •?c I • ••• •• .. . •• ^ I tl-il ' -.y> Ja*. Plat of S;irvay for !?hcrhardt Constnirticn Co, mtieirc ^(sn/ofe) r ;V - ; 1 l-it? ; r ■ L .y • ' •T ' ^ y ' *1, ^ •'i '4i ^^£rp<y;^ CERTIFICATE OF SURVEY FOR KEVIN KROLCZYK OF LOT 7, BLOCK 1. SWAN LAKE ADDITION HENNEPIN COUNTY. MINNESOTA icewL ocscHiPTiotcr Wiiiigs lul I. P>tK> I. SHWH IM(C fOOlUOi tfrfiotrt tro«i iiurV«f Btu«*n9% %hov«i Oft bated wpOM on at%ai«4 datun fbii tM*ef ifittAdf to ttiow the boiMidorttt of tn« obo»a deteribed proper If. the IikoIic«m of on eaitlin^ hoM%e. tried ond dr ivenoy Ihcreon. and the propoted locallOn of o propoted oddiliun ond drt»t«Of Ibereon. klherII does not purport lo tliov oof olhei if«pro«aronlt or encroocfRonlt ld)1f Accwracf ol dr i vewof locolion t« licniled bf ice cover —stsar CRONBERG k ASSOCIATES. INC. fMC CNDMtin. UMA MvCfCdl^ SlU l\ ees muN mtam OMC lm umk. im mjm 4MI Iliioof ctoM t iM»i iMt nan mcectam • ■*! Mt Hoeuoe e« •€ w «Me* t*« mici >wi—i < Mot I au « net uruoto mmtymm tadadie aan u «Miv one M um m m umi m oaewta oao *M inme mi«IO .—J./2J1XX. WaU •-•jr viiybt M>iet -s' "< / ♦tM^ ♦MdT — wsrtA»<«nflM f¥0M C'f&f^ ^5? 5 <p ^3. • r : • I RUN DATE :4/3VKiM 31 0411721220003 PROPADDR JI9S WATERTOWN RD OWNER NAME TCRiriERRKSRintR TAXPAYER THOMAS C & KAIXJ S RJTTER NAME/AOOR 31W WATERTOWN RD UONOUKEMN 3S3S6 31 0411723220007 PROPADDR 25 CYGNET PL OWNER NAME DC* A LSHAUCHNESSY TAXPAYER OAVlOA ANNSHAUCiHNESSY NAME/AUDR 25 CYGNET I’L LONG LAKE MN 55356 HJ-,NN(.PIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS MSP PROP AUDR OWNER name : TAXPAYI-.R NAME/ADDR 3B 04117/122001(1 60 CYGNET PL DC SHAUGIINI-:SSY ET At. DAVID A ANN SHAUOHNESSY 60CY(iNF.T PL lONGIAKEMN 55356 3B 0411723220024 PROP ADDR 20 CYGNET PL OWNER NAME IIJ A M M PANUSK A TAXPAYER HAROLD J/MARGARE1 M PANUSKA NAMI7ADDR 20 CYGNET PI LONG LAKE MN 55)56 )R 041172)220004 PROPADDR 80I£AEST OWNER NAML JEROME) HALL TAXPAYER JEROME) HALL NAME/ADDR MUiAFST LONG LAKE MN 55)56 38 041172)220008 PROPADDR 65 CYGNET PL OWNFJ)NAME K T KROIXZVK A M A KROLCZYK Y/^PAYER KI'.VIN a MICHELE KROLCZYK NAME/ADDR 65 CYGNET PL lONGLAKEMN 55356 38 0411723220017 PROP ADDR 80 CYGNET PL OWNER NAME A PSMITH A K PASTIR SMIIII TAXPAYER A PSMITH A K PASTIR-SMIIH NAM K/ADDR 80 CYGNET PL LONGLAKEMN 55356 38 051172)110005 PROP ADDR 95 l.l/VF ST OWNER NAME EC GRAHAM JR TAXPAYER EC GRAHAM JR NAME/ADDR 95 14AF ST U)N(ilAKI. MN 55356 )R 0411723220005 PROPADDR 110 UiAFST OWNER NAME M S A K J GRONBI RO TAXPAYER MARKSGRONUERO NAMWADDR KATHERINE J GRON13ERO 110 IXAF ST lONGlAKEMN 55356 38 041172)220009 PROPADDR 85 CYGNET PL OWNER NAME GJEHALTETAL TAXPAYER GRIXORYJHIALT N/5ME/ADDR CYGNET PLACE lONGLAKEMN 55356 38 04117232/0022 PROPADDR 100 CYGNET PI. OWNER NAME VII.OFORONO TAXPAYER T Y OF ORONO NAME/ADDR FO BOX 66 CRYSTAL BAY MN 55323 OFTIIF. UF.NNtPINCXXJNTY TAXPAYERSliRVICES DEPARn^ENF^TIILDJICT OHMYKNOWLEIXil ANDBF-Ur.F. , „Y DATE fAOt: I J•••i • • . iJ 4. . k,J V J I (we ADJACENT PROPERTY OWNERS ’ ACKNOWLEDGEMENT FORM (print name(s))[print address] have reviewed the plans for the proposed improvement or proposed use of the property located at referred to as Land Use Application No.________. * J I I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requirj^^ouncil approval. *Prdperty Owner Date Property Owner Date I (we) )~rq.l(Lc.ccf [print r;fame(s)](print address] have reviewed the plans for the proposed improvement or proposed use of the property located at . also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. e^y^^lwter Date^ Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. .•** • • n? • •/ '.V j ADJACENT PROPERTY OWNERS ’ ACKNOWLEDGEMENT FORM I (we) <( Ain ^haui;niv^^'3Lj of /^.r. Placf^ [orini name(s)l [print address] vJ'O have reviewed the plans for the proposed improvement or proposed use of the property located at PlCtCg_ also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement, I (we) a n (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the p'oposed neighbor's project or use requires Council ap^qoval. ’-^operty Owner ’Wi' Date /' ' /^holo 4 Property Owner .J Date c //7cr/^e^ 5 ^ I (we) [print name(s)] of M /ofA [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at Cs^ Cy^ .. -1- r also referred to as Land Use Application No._________. 1 (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner 4^- ' Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ^ • P 1 V • X <3^ X /A *. . ; V Hennepin Hennepin County Taxpayer Services Department \ ti i ,V iThl»ki^yi9gt^noofatdmip.l(.r9fift»»ni$»eompaMioti.dt . lend datB (.jm Ofy, County, orid State raid mOtortlioa and ofMr aowcas -• •I ‘. I jC1^.C I- Mil. -'•.li M*.1,^‘t ■ V ,* ’;• A^TJ-rn-ja^ ,• > ■ • • • i\ v'.» * * A’*' ‘ ;- ' ; t . < .• ». V • ** .vW i^V'V • . . . ,SvV2BBBlWH^BWy .*'^^***^*?^^ • ■■.>.. <*•< . ...^j vi ‘;.;i,'..'.'''*■^•^3 ‘'f.»^'J •• . '■■ •■ ■ •' •■ V^'-"‘■- . •...•ll • \* ••' C‘%'..,1,4 .■..)>• V .-r , ■• •/iM f ■ .r'>>. . ' • ."• <>'.J ■» « 1 «■ I .. /wi^i V .i{a ^\:i‘ i<i y » it 1 fe .. . * .. * T * ’'• ‘ s H4CPTING MAY 2 4 2004 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date: May 20, 2004 Item No ^ Department Approval:Administrator Approval: Name/Title: Mike Gaffiron, Planning Director^/^-^. Melanie Curtis, City Planner ' Janice Gundlach, City Planner Agenda Section: Zoning Item Description: <i04-3021 - City of Orono - Proposed Zoning Amendments - Ordinances 1) Section 78-1405: Standards for Entrance Monuments 2) Section 78-72: Administrative Approval for Building on Certain Lots of Record 3) Sections 78-281 thru 78-300: Delete Duplicate Language 4) Section 78-1279(6): Administrative Approval for Certain Average Setback Requests 5) Section 78-1432: Allow Conforming Accessory Buildings to Remain during Rebuild List of Exhibits: A - Ordinances per Planning Commission Recommendation B - PC Memo St Exh ibi ts of 05-06-04 For detail on each of the proposed changes, please refer to the attached memorandum to the Planning Commission dated May 6. 2004. Planning Commission Recommendation On May 17, 2004, Planning Commission voted 7-0 to recommend approval of the amendments, Staff Recommendation Approval per the attached Ordinances. COUNCIL ACTION REQUESTED Adopt or amend the attached Ordinances (this can be done in one motion). ORDINANCE NO___, THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-1405 REGARDING NON E NCROAC 11MENTS The City Council of Orono ordains as follows: Section 1: Municipal Zoning Code Section 78-1405 is hereby revised by adding Subsection (8) which shall read as follows: Sec. 78-1405. Nonencruachnieiils. (8) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential y.oniny* districts are considered noncncroacliments when they confonn with the followim’ standards: 5L Each monument, with a maximum of two, sliall he limited to a single pi 1!.ir with a tbotprint measuring no larger than 25 square feet and no length to exceed 5’; II The monument must he setback a ininiiinim of 5* from all property boundaries and never fewer titan 10’ from the edge of the pavetl. traveled roadway; £i Plans apd/or elevation views of the proposed monuments ate required to be submitted for .ippr«)val by theJManning_Director; d, All -Sifinage proposed for the monuments must comply with Section 78-1467: 5. 'fhc monuments are limited to 8’ in height including any appurten.ances. Any mominicnt exceeding the rnaxinuini heutht must meet principal stnicture set bac k. requi rement s; £ NYhen.OioECJ-h^n one monument is proposed a minimum hori/ontal width o£ 12’ is retiuircd between them: ii; Liv.htintt is allowed, in confomiance with Section 78-1573 .ind at the discretion of the IMaimimt Director. L When a aate is proposed, the following requirements must be met: I) The_ i>ate nn>st_open into the property not outward towards the rieht-of- wav. and The 6fri«ken language is deleted, the underlined language is inserted. Page I of 2 e'iTTTvr. ES SO ZONING CODE STS hereby revised by adding this section as a nearly liticial. used to depict an insj districts are considered nv. standards: >e limited to a.§,i nglc piIJ.ar lare feet and no leneth to rom all property boundaries d. trave led roadway, 2) For locked and/or secured cates a knox box, meeting the standards set forth bv the police and fire department, must be provided for emergency access, and 1) On major thoroughfares the monuments and gates must be located 40* from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. ii A building permit is required for installation. A survey must be submitted depicting where the monuments will be placed, and the property comer pins must be located for inspection purposes. Section 2: This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective upon approval and publication. Adopted by the City Council of Orono on this 24 “’ day of May, 2004 by a vote of __ayes and____nays. Barbara A. Peterson, Mayor ATTEST: numents arc required to be pb-With Scctiv)n 7S-1467: ug at»y appurtynanccs __A*'v it meet ptmcipal stnicturc Linda S. Vee, City Cleric Published in the Laker/Pioneer newspapers tlie week of , 2004. inimiim horiyontal width of ction 78-1573 attd at the itsjnust be utward towards the right-of- fuage IS inserted.The sfriekeR langtiage is deleted; the underlined language is inserted. Page 2 of2 ORDINANCE NO___THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-72 REGARDING LOTS OF RECORD The City Council of Orono ordains as follows; Section 1: Municipal Zoning Code Section 78-72 is hereby revised as follows: Sec. 78-72. Lots of record. (a) A lot of record is any lot for which a deed or registered land sur\ ey has been recorded in the office of the register of d.;eds or the registrar of titles for the county prior to January 1,1975. and after approval by the council if required. (b) A lot of record existing upon January 1,1975. in an R district, which does not meet the requirements of this chapter as to area or width may be utilized for a single family detached dwelling purpose, provided that in the judgment of the council ^ administrative approval bv the Planning Director, such use does not adversely affect public health or safety and the following requirements are met; (1) In R districts of one acre or less and with public sanitary sewer. A lot of record existing upon January I, 1975, in any R district of the city of up to and including one acre, which lot is serviced by public sanitary sewer and w hich does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if the area mceisurcmcnts and width of that lot are within 80 percent of the requirements of this chapter. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R districts of greater than one acre and served by public sanitary sewer. A lot of record in any R district in the city in excess of one acre w hich does not meet the requirements of this chapter as to area or w idth only may be utilized for single-family detached dwelling purposes ^ administrative approval if the Planning Director couno tt fmds that the following conditions are met: a. It is at least one acre in size, and the average width of the lot is at least too feet; b. It is served by public sanitary sewer: and The stria kfi language is deleted; the underlined language is inserted. Page 1 of2 c.It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R districts not served by public sanitary sewer. A lot of record in any R district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval mav be granted for a lot of record not meeting the lot area and width requirements if the Planning Director finds that the following conditions are met: a. The lot area and lot width each meet at least 50% of the district standard. Suitable primary and alternate septic sites are identified on the property and are protected from future development bv execution of a covenant. c. All other zoning ordinance requirements must be met, including but not limited to the following: i. Setbacks ii. Hardcover iii. Lot coverage bv structures iv. Accessory structure requirements. Section 2: This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective upon approval and publication. Adopted by the City Council of Orono on this 24'*’ day of May, 2004 by a vote of __ ayes and___nays. Barbara A, Peterson, Mayor ATTEST: Linda S. Vee, City Clerk Published in the Laker/Pioneer newspapers the week of . 2004, The stneiiMi language U deleted; the underlined languid is inserted. Page 2 of 2 4 ORDINANCE NO__, THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-281 THROUGH 78-300 REGARDING LAKESHORE RESIDENTIAL DISTRICTS The City Council of Orono ordains as follows: Section 1: Municipal Zoning Code Section 78-281 is hereby revised as follows: DIVISION 4. LAKESHORE RESIDENTIAL DISTRICTS Subdivision I. In General Seei 78-281i Setback regul atio»» _____(a)-----In any LR-k\, LR IB. LR 1C or LR-IC I diotriot the setback from-the shoreline-for lolieshore lots shall-be 75 feet for all structures; exc ept that on lakeshore kXs divid ed by a major thoroughfare, a lockbox not-in exc ess of 20 square feet tn area ond-48 inches in height is allowed on-the lokeshore portion of the lot and requires a budding permit from the city. ----------------No principal or accessory structure shall be located within 75 feet of the lokeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots (refer to Orono Manual of Design Standards and Speoifications), exc ept that this does not-apply to structures allowed in 5ubsection-(a) of this sectionr (Code 1981. § 10.22(^) Section 2: Municipal Zoning Code Section 78-282 is hereby revised as follows: Seci 78-282i Lakeshore hard cover nnd-lond alteration rcgulctionsf In any LR IA> LR-IB. LR IC or LR 1C 1 distrietr within 75 feet of shoreline^ there shall be no excavating. Filling, hard cover, temporary-or permanent structures exc ept as permitted under section 78 281. Within 75 tO"350 feet of the shoreline, there shall be no gr eater 4han 25 percent hard cover. Within 250 feet to 500 feet-ef the shoreline, there shall be'no gr eater than 30 percent hard oover. Within-SOO feet to LOOO feet of the shoreline, there shall be no greatw than 35-percent hard ooveft (Code \m, § 10.22(2)) The strieken language is deleted; the underlined language is inserted. Page 1 of 2 Section 3: Municipal Zoning Code Section 78-283 is hereby revised as follows: Scci 78-383. Tree remov al regolatio iwi In any LR 1 A. LR IB, LR 1C or LR-lC-1 district, no live tree within 75 feet of the shor o Uno with q diameter of six inches or mor e shall be remov ed without -first obta ining a permit-frem the oity.-Suoh permits shall be- icsued by city staff provid ed that at least a like number of replacement trees of a siae and nature found acceptable to the staff are planted. Any question involving the number of trees to be replaced will require approva l.- (Cod e 19 8^, § 10.22(3)) Section 3: Municipal Zoning Code Sections 78-284 - 78-300 arc hereby revised as follows: Sees. 7S-384 78 300* Reservedi Section 4: This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective upon approval and publication. Adopted by the City Council of Orono on this 24* day of May, 2004 by a vote of __ayes and____nays. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk Published in the Laker/Pioneer newspapers the week of , 2004. The etriehen language is deleted; the underlined language is inserted. Page 2 of 2 ORDINANCE NO__THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-1279 REGARDING PLACEMENT OF STRUCTURES ON LOTS The City Council of Orono ordains as follows: Section 1: Municipal Zoning Code Section 78-1279 is hereby revised as follows; Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Structure Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 CD 75 75 1 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback from:Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* • Except for detached garages on lakeshore lots as regulated in section 78- 1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. Uses without water-oriented needs. Uses without water-oriented needs The g triehen language is deleted; the underlined language is inserted. Page 1 of2 must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf«on conditions. Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. 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. a) In instances where the average lakeshore setback can not be met, administrative approval mav be granted at the discretion of the Planning Director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. Section 2: This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective upon approval and publication. Adopted by the City Council of Orono on this 24* day of May, 2004 by a vote of __ayes and____nays. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk Published in the Laker/Pioneer newspapers the week of.,2004. The stewimi language is deleted; the underlined language is inserted. Page 2 of2 I ORDINANCE NO__THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-1432 REGARDING TIME OF CONSTRUCTION The City Council of Orono ordains as follows: Section 1: Municipal Zoning Code Section 78-1432 is hereby revised as follows: Sec. 78-1432. Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the.time.of demolition of the principal building, all nonconforming accessory structures must .be removed. Accessory structures, which comply with this title, arc allowed to remain contingent on a signed agreement stating the following: 1. Applicants agree to obtain a building permit for construction of the replacement residence within 60 davs of demolition: to begin construction on the new residence within 120 davs of demolition: and to complete all exterior work within I year of building permit i.ssuance and interior work within 2 years of building permit issuance. 2. In the event that anv activity described in item I has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants’ expense, or the applicants shall apply for an extension of this agreement. 3. If one of the item I events occurs and the applicants fail to perform their removal obligations per item 2. the applicants hereby agree as follows: a. The City mav enter upon the property and remove the accessory buildingfs>. b. The City mav assess the costs of removal to the property. 4. The agreement shall be binding upon current and future owners of the property, and shall be Filed within the chain of title of the property. 5. Fee ownerts^ of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown bv his/her/their signature(s) upon the document. The language is deleted; the underlined language is inserted. Page 1 of2 6. Applicants shall iiidepinifv and hold harmless the City, the City Council, and the yygfits And employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the Citv. City Council and agents and employees of the City mav suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this ageement. (Code 1984, § 10.03(9)(A)) Section 2: This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effectiye upon approyal and publication. Adopted by the City Council of Orono on this 24'*’ day of May, 2004 by a yote of __ayes and____nays. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk Published in the Laker/Pioneer newspapers the week of . 2004. The gfrwhew language is deleted; the underlined language is inserted. Page 2 of 2 Memorandum To: From; Date: Subject: Chair Mabusth and Planning Commission Members Ron Moorse, City Administrator AMike Gaffron, Plamting Director jh/[-— Melanie Curtis, City Plamier Janice Gundlach, City Planner May 6, 2004 #04-3021, City of Orono, Various Zoning Ordinance Amendments - Public Hearing Planning Department staff is proposing several Zoning Ordinance Amendments in an attempt to update the Zoning Ordinance on current department and Planning Commission policies and practices. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Amendment to Section 78-1405, Entrance Mottuments Amendment to Section 78-72, Administrative Approval Amendments to Sections 78-281 to 78-300, Deletes Duplicate T.anguage Amendment to Section 78-1279 (6), Administrative Approval Amendment to Section 78-1432, Accessory Buildings Below is a brief summary of the changes proposed and the rationale behind those changes The attachments illustrate how the language will appear in the written text of Chapter 78 of the City Code. Section 78-1405 This amendment is proposed in an attempt to fonnally regulate entrance monuments tlrroughout the City. Entrance Monuments are becoming more and more popular with new construction on larger lots due to the mral Orono context, especially in the 2 and 5 acre zones. Standards do not currently exist specific to entrance monuments, although staff has been adapting pieces of the Ordinance pertaining to fences in an attempt to regulate tltem until no\^. Because entrance monuments can have a visual effect from the road as well as an effect on how emergency vehicles respond to the properties, the Planning Commission requested that language be formally drafted. Planning Department staff incorporated current policies for reviewing entrance monuments based on current practices. This language would appear under the non- encroachment section of the Zoning Ordinance, directly following the fence regulations. Section 78-72 This amendment is proposed due to the level of tear down and rebuilds that are occurring in Orono. Many of the existing lots were created prior to the current zoning district lot area standards, many of which were adopted in 1975. Because of this, when a lot is proposed to be rebuilt and tlie lot doesn’t meet the area or width requirement a variance is required. Planning Department and staff continually recommend approval of these variances as no existing lot can be rendered un-buildable. The amendment allows the Planning Director to give administrative approval so long as speciF.ed conditions can be met, which are listed in the language attached (Exhibit B). Section 78-281 through 78-300 The amendment is merely deletion of duplicate language which cuiTently exists within the Shoreland Ordinance. Section 78-1279 (6) This amendment allows administrative approval for certain average lakeshore setback variance requests. The average lakeshore setback requirement exists merely to protect neighboring property’s views to the lake. Under cument practice, any time a property camiot meet the average lakeshore setback, a variance is required regardless of the views. The Plamiing Commission often approves these variances when it is clear no views are obstructed, such as properties Utat sit on a point or have drastically changing topography. The amendment allows the Planning Director to give administrative approval so long as it is evident no views will be obstructed. The Planning Director will continue to have the authority and discretion to require that any of these applications go before the Plamiing Commission and Council if any gray area exists. Section 78-1432 The amendment establishes specific language to allow conforming accessory buildings to remain on a lot when the principal structure is being rebuilt. Currently, staff has required that these buildings be removed due to current language of 78-1432 which allows accessory buildings only after a principal building has been constructed. The amendment requires an agreement between the City and property owner to ensure the accessory building will not remain absent a principal stmeture and also provides authority for the removal of the accessory building should the agreement be broken. Issues for Coosideratioo 1. Is the Planning Commission comfortable allowing these specific administrative approvals? 2. Are there any other changes, issues or concerns with these amendments? Staff Recommendation Approval of the Zoning Ordinance Amendments for Sections 78-1405, 78-72, 78-282- 300, 78-1279 (6). 78-1432. ORDINANCE NO __, THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-281 THROUGH 78-300 REGARDING LAKESHORE RESIDENTIAL DISTRICTS The City Council of Orono ordains as follows: Section 1: Municipal Zoning Code Section 78-281 is hereby revised by repealing Sec. 78-281. Setback regulations; Sec. 78-282. Lakeshore hard cover and land alteration regulations; and Sec. 78-283. Tree removal regulations. Section 2: This Ordinance shall be published in 1 HE PIONEER and THE LAKER newsp^ers and shall become effective upon approval and publication. Adopted by the City Council of Orono on this 24* day of May, 2004 by a vote of ____ayes and_____nays. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk ORDINANCE NO__, THIRD SERIES AN ORDINANCE AMENDING THE CITY OF ORONO ZONING CODE SECTION 78-1279 REGARDING PLACEMENT OF STRUCTURES ON LOTS The City Council of Orono ordains as follows: Section 1: Municipal Zoning Code Section 78-1279, subsection (6) is hereby revised by adding subsection (a) as follows; Sec. 78-1279. Placement of structures on lots. Mi'erage lakeshore setback. No principal or accessor)' 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 docs not apply to stairways, lifts, landings and lockboxes. Furtlier, 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 tlie most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a) In instances where the average lak eshore setback can not be met, administrative approval may be granted at the discretion of the Planning Director provided no lake views of an adjacent lakeshore lot arc obstructed and adjacent neighbors provide written approval Section 2: 'Ihis Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become elTective upon approval and publication. Adopted by the City Council of Orono on this 24"’ day of May, 2004 by a vote of ayes and____nays. AITEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Published in the Lakcr/Pionecr newspapers the week of ,2004. 'Hic s^ken language is deleted; the underlined language is inserted. Page 1 of I i. f i REQUEST FOR COUNCIL ACHON mi ink'll iicCJINQ MAY 2 4 2004 UI y OH ORONO Date: May 20, 2004 Item No.: ^ Deparlmcnt Approval:Administrator Approval; Name: Michael P. GafTron Title; Planning Director Agenda Section: Zoning Item Description: Proposed Hardcover Policy Resolution List of Exhibits A - Resolution & Exhibit A (Sketch) B • PC Memos and Exhibits of 1 1-24-03 and 4-1-04 C - Resolution No. 4006 (Nov. 1997) Issue: Hardcover policy regarding minimum standards for building pennits. Staff & PC Recommendation: Staff and Planning Commission recommend that Council adop attached resolution, intended to provide clarification and establish minimum standards for hardest necessary to support a residential tlwclling. the ver Background From time to lime the Council has adopted policy resolutions which provit '.e direction to staff and applicants regarding administration of the various elements of the Zoning Code An example is the hardcover pol icy resolution adopted in 1997 (Exh. D). Due to Orono’s strict hardcover limitations, builders and homeowners ar e regularly faceil with sites that will not easily accommodate a home as large as they would like. In an ciTort to meet hai dcover limitations to obtain a building permit, builders and property owners often attempt to maximize the house size by minimizing es.scntial functional elements of their site plans, such as driveways, sidewalks, etc. The Zoning code has no minimum standards for driveways, sidewalks, decks, patios and the like. Staffis often hard-pressed to deny a building permit application proposing to use wood-chip sidewalks, extremely nanow ilrivcways, etc., even thougli we expect that the builder or property owner is likely to be unsatisfied with the result. In a number o f recent cases, once tlie constmetion project is complete or near completion, the property owner has then requested \ ariances for (or sometimes gone ahead and constmeted) additional hardcover, claiming it is needed to make the site functional or to provide an amenity that was earlier relinquished to obtain the permit. Examples include; MrpjifjQ MAY 2 4 2004 CII YOF ORONO ate: May 20, 2004 cm No.: ^ ction: lining permits. rcommend that Council adop ninitv'ir.i standards for hardcb ; direction to statTand applicants example is the hardcover policy re regularly facal with sites that )il to meet hardcover limitations t to maximize the house size by driveways, sidewalks, etc. ecks, patios and the like. StalTis wood-chip sidewalks, extremely I owner is likely to be unsatisfied r near completion, the property nstructed) additional hardcover, /that was earlier relinquished to Hardcover Policy May 20.2004 Page 2 ##2973 Minnetonka Custom Homes - 4753 North Shore Drive - Initial hardcover vai iance gratitcd, house constructed, then applicant added excess retaining walls not in original plan; revised variances were ultimately denied... ##2954 Alton - 1635 Concordia - Hardcover variance request to expand deck/patio that was minimized in order to get the building permit for large additioti... #2935 Hutton - 1835 Shadywood Road - Hardcover variance request to keep driveway that was eliminated to obtain building pemiit, then was put back... #2895 Germundson - 4!01 Highwood Road - Hardcover/structure variance request to add a deck that was eliminated in order to obtain building permit... #2890 Cree - 3120 North Shore Drive - Hardcover variance request to allow pavers to expand minimal driveway that was approved with building pemiit... (No W) Cable - 3532 Ivy Place - Reduced house size and proposed tiny driveway and wood chip sidewalk to obtain building pemiit, then installed excessive driveway and concrete sidewalk... (No #) l*a.sching- 1355 lonkawa Road - Obtained permit for new home with minimal driveway to meet i 1C limits, then added major driveways and patio without pemiits in excc.ss of HC limits... 1 he list could go on and on. Additionally, we arc sometimes faced with an applicant who wishes to maximize house hardcover without providing for a garage, claiming “wc don ’t need a garage" or “if we decide wc want one we’ II ask for a variance later”. Approval of such proposals merely sets up a scl f- created variance situation that could be avoided by proper planning. In order to provide applicants and Staff with some guidelines as to what is an acceptable minimum site hardcover plan, a policy resolution was di aRcd by stall and brougl it to the Phuining Commission (or review. Planning Conunission suggested certain revisions which have been incorporated into the attached draft. On May 5 Planning Commission reviewed this final version at their work session and recommended that the Council adopt the resolution, 'fhe only language change since then is a revision to Policy 5 which clarifies that the actual garage, not just the driveway to support it, must be accommodated on the site plan, whether or not it is proposed to be constructed. Staff Rveummendation Staff recommends adoption of the attached resolution. COUNCIL ACTION REQUESTED Motion to adopt tlic attached Resolution Establishing Policies Regarding Minimum I lardcover Standards for Garages, Driveways, Sidewalks, and Similar Property Features. J u Dr«n #5 - 5/20/04 A RESOLUTION ESTABLISHING POLICIES REGARDING MINIMUM HARDCOVER STANDARDS FOR GARAGES, DRIVEWAYS, SIDEWALKS, AND SIMILAR PROPERTY FEATURES WHEREAS, the City of Orono since 1975 has regulated the use and placement of hardcover on land within 1000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other material which interferes to any degree with the direct absorption of rainfall into the ground"; and WH ERE AS. the City Ordinances placing limitations on the use of hardcover divide the 1000-foot regulatory zone into four tiered "liardcover zones" which are cormonly rcfen etl to as "the 0-75* zone", "the 75-250* zone", "the 250-500* zone**, and "the 500-1000* zone'*; and said zones are respectively allowed 0% hardcover, 25% hardcover, 30% hardcover, and 35% hardcover; and WHEREAS, due to the hardcover limitations it has become common practice for applicants for building pennits to minimize hardcover associated with driveways and sidewalks in order to maximize the hardcover available for their structural footprint while meeting the established hardcover limits; and WHEREAS, due to the hardcover limitations, applicants for building permits might choose to not include a garage in their initial permit request, only to later request hardcover or setback variances foi construction of a garage stalls; and WHEREAS, the City has heretofore not established minimimi st;uidards for garage, driveway and sidewalk dimensions, and consequently has been faced with proposa ’s for garages, drivewiys and sidewalks that arc minimally functional or non-fimctional and which do no. provide for safe, efficient access and off-street parking needs; and WHEREAS, the City wishes to avoid situations in which poor garage, driveway and sidewalk planning results in later requests for excessive hardcover; and WHEREAS, the City seeks to establish a balance that avoids excessive liardcover while providing adequate functionality with regards to private garages, driveways and sidewalks, and therefore it is in the best interest of the City and its residenb' to establish a policy providing minimum sta*idards for such features for property subject to hardcover regulations. I*f k Page 1 of 3 NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono does hereby establish the following Policies: 1. 3. 4. Driveways for redeveloping properties within the Shorcland Overlay District shall be subject to tlie following minimum dimensional standards to allow for safety, functionality, maneuverability and off- street parking: a.All garages used or likely to be used for the storage of motor vehicles shall be provided with an apron, taper and driveway. b.Minimum apron width: Equivalent to outer width of garage door openings (sec diagram) Typical: One-stall • 9' minimum Two-stall - 16' minimum Three-stall - 28' minimum c.Minimum apron depth: End-load: 15' from garage door face Side-load: 20' from garage door face d. Minimum lengthwise taper ratio: 2:1 c. Minimum driveway width: 8' f. Minimum back-up apron dimensions (if required due to high-traffic road): 8' x 8' The above standards are illustrated in the drawing attached to this Resolution as Exhibit A, 2. Driveways using pavers shall be considered as 100% hardcover. “Wheel-strip” driveways will be allowed, but for hardcover calculation purposes the entire width of the driveway (from outside-to-outside of strips) will be considered as hardcover. A sidewalk extending from the driveway to the front or main entrance of a structure shall be provided at a width of no less than 24". Page 2 of 3 r 5.All residential site plans submitted for the purpose of obtaining a building permit for construction of a new residence or expansion of an existing residence shall include “proof-of-dri veway” and “proof-of-earage”: i.e.sufTicient infoimation to show that the hardcover necessary to accommodate and serve a conforming 2-stall garage, attached or detached, is available regardless whether such garage is planned to be constructed pursuant to such permit. 6.Site plans shall account for tlic hardcover necessary to provide the minimum landing or stairway required by the Building Code for any door openings shown on the building construction plans. ITic approval of building plans containing door openings on any story shall in no way be construed as granting the right to a variance for hardcover to construct a deck at such opening. 7.Site plans, driveway and sidewalk proposals which in the opinion of the Zoning Administrator do not me'*t the above guidelines shall be rejected. 8.The neetl to provide for garages, driveways and sidewalks meeting minimum City standards shall not be a basis for the granting of hardcover variances; rather, the mininnun garage, driveway and sidewalk standards when considered in conjunction with the other pertinent regulations governing site development, shall help establish the appropriate size structure for a given site. Adopted by the City Council of Orono, Minjiesota this of_______ayes and________nays. day of _,200_by a vote A'n'EST. Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page '5 of 3 I To: From: Date: Subject: Chair Smith and Planning Commissioners Mike Gaffron, Planning Director November 24,2003 Proposed Policy Resolution - Minimum Hardcover Standards for Driveways, Sidewalks, and Similar Features f Due to Orono’s strict hardcover limitations, builders and property owners often attempt to minimize essential functional elements of their site plans to meet hardcover limitations, in order to obtain a building permit. The Zoning code has no minimum standards for driveways, sidewalks, decks, etc. Staff is often hard- pressed to deny a building permit application proposing to use wood-chip sidewalks, extremely narrow driveways, etc., even though we expect that the builder or property owner is likely to be unsatisfied with the result. In a number of recent cases, once the construction project is complete or near completion, the property owner has then requested vaiHances for (or sometimes gone ahead and constructed) additional hardcover, claiming it is needed to make the site functional or to provide an amenity tliat was earlier relinquished to obtain the permit. Examples include: #2954 Alton - 1635 Concordia - Hardcover variance .equest to expand deck/patio that was minimized in order to get the building permit for large addition... #2935 Hutton - 1835 Shadywood Road - Hardcover variance request to keep driveway that was eliminated to obtain building permit, then was put back... #2895 Germundson - 4101 H'ghwood Road - Hardcover/structure variance request to add a deck that was eliminated in order to obtain building pennit... #2890 Crcc - 3120 North Shore Drive - Hardcover variance request to allow pavers to expand minimal driveway that was approved with building pennit... (No #) Cable - 3532 Ivy Place - Reduced house size and proposed tiny driveway and wood chip sidewalk to obtain building permit, then installed excessive driveway and concrete sidewalk... The list could go on and on. In order to provide applicants and Staff with some guidelines as to what is an acceptable minimum driveway or sidewalk plan, the attached Policy Resolution is offered for discussion. Upon your review and recommendation, this will be brought to the Council for action. Question: Should decks also be added, with some minimum deck, landing or patio sizes that must be provided for any door openings? si:tv ' t I ^ K . ]^ m -0 Memorandum To:Planning Commissioners From: Date: Subject: Mike Gaffron, Planning Director April 1,2004 Revisions to Proposed Policy Resolution - Minimum Hardcover Standards tor Garages, Driveways, Sidewalks, & Similar Features Attachments A - Memo of 11-24-03 B - Revised Resolution This was reviewed by Planning Commission at the January 7 work session. The consensus was to recommend its adoption and add the diagram to make it more user-friendly. Tlie resolution has not yet been presented to Council. Since January 7 staff has added language that requires site plans to account for the hardcover necessary to support a 2-stall garage, regardless whether one is proposed. The intent is to avoid situations where an applicant will max out his hardcover allotment claiming, "I don’t need a garage”, and then apply for a hardcover variance later. Also added is a clause that requires that stoops or landings for door opeiungs must be shown on site plans, and that building permit approval for a door opening docs not infer that a hardcover variance for a deck will be approved. If Planning Commission agrees with these changes, the resolution will be forwarded to the Council for consideration and adoption. Note that this has been prepared as a policy resolution rather than as an ordinance to allow it to easily be revised in the future if necessary. Staff Recommendation Recommend adoption of the attached resolution. ADDENDUM 4-30-04: Policy I (d) is revised to read ’“Maximum Minimum length\.: jc aper ratio: 2; I Mnrevdewing this while preparing the drawing, I realized this was incorrect as formerly written. II CITY of ORONO RESOLUTIC;'! OF THE CITY COUNCIL NO. .4006_____ A RESOLUTION ESTABLISinNG POLICY REGARDING THE HARDCOVER STATUS OF PLASTIC AND FABRIC LANDSCAPING MATERIALS and DEFINING THE DISTINCTION BETWEEN STRUCTURAL AND NON-STRUCTURAL HARDCOVER WHEREAS, the City of Orono since 1975 has regulated the use and placement of hardcover on land within 1000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other material which interferes to any degree with the direct absorption of rainfall into the ground"; and WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the 1000-foot regulatory zone into four tiered "hardcover zones" which are commonly referred to as "the 0-75' zone", "the 75-250' zone", "tlie 250-500' zone", and "the 500-1000' zone"; and said zones are respectively allowed 0% hardcover, 25% hardcover, 30% hardcover, and 35% hardcover; and WHEREAS, the City Council has long considered that plastic sheeting and weed control fabrics (hereinafter referred to as 'plastic or fabric') shall be considered as hardcover for the purpose of administering the hardcover ordincuices, regardless of the extent to which such materials are actually permeable; and WHEREAS, the City has never issued pemiits for placement of plastic or fabric on private or public property, and all such material where it currently exists in excess of the allowed hardcover percentages on any given property, is considered as non-conforming : and WHEREAS, the City is continuously faced with requests for variances to the hardcover ordinances wherein applicants are required to provide calculations identifying the various types and square footages of hardcover within a property; and WHEREAS, hardcover variance requests are ajmmonly reviewed by the City with tire underlying intent tliat the percentage of hardcover be reduced from the pre-existing condition; and It'age 1 of 3 CITY of ORONO lL\UtXi «SH9. RESOLUTION OF THE CITY COUNCIL NO. 4 0 0 6 WHEREAS, property owners commonly request hardcover variances for which their proposal includes a reduction in the overall hardcover, but typically by an increase in Uie amount of'structural hardcover ’ with concurrent removals of'non-structural hardcover'; and WHEREAS, the City has not previously formally defined by ordinance or resolution the distinction between 'structural' and 'non-structural' hardcover, but has commonly considered such a distinction when reviewing hardcover variance requests; and WHEREAS, the City Council finds that it would be beneficial to formally define the distinction between structural and non-structural hardcover; and WHEREAS, the City Council finds thai it is inappropriate to consider the removal of non conforming plastic or fabric as a good-faith hardcover reduction when considering hardcover variance requests; and WHEREAS, the City Council finds that to the extent practicable, all non-conforming plastic or fabric should be removed from properties for which a hardcover variance is requested, to reduce the potential for 'trading' non-conforming non-structural hardcover to gain structural hardcover. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1.Structural Hardcover shall be defined as those items of hardcover which require a building pennit, which extend above tlie ground surface or into the ground, or which arc constructed rather than placed. 2.Non-structural Hardcover shall be defined as those items of hardcover which do not require a building permit, which exist on the ground surface but do not extend substantially above or below grade, or wliich are placed on the ground surface rather than constructed. Page 2 of 3 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 0 R_____ 3. The following items are considered as hardcover: Structural Hardcover Buildings Tennis courts Pools, incl. water surface Decks, regardless of spacing Roofs of any sort, incl. some roof overhangs Play stnicture platforms Temporary buildings Any vehicle, material, or equipment which prevents direct absorbtion of rainfall into the ground and which is stored for an extended period of time Non-Structural Hardcover Roads and shoulders Driveways (Concrete, asphalt, gravel, dirt) Sidewalks, ramps, etc. Any surface intended to be driven on Landscape beds lined with plastic sheeting Landscape beds lined with weed-prevention fabric Tops of rock or timber retaining walls Patios, stepping stones Porous pavements (various) 4.All plastic or fabric located in the 0-75' hardcover zones within the City is considered as non-conforming unless specific approval for same is granted by the City Council at some date after the adoption of this ordinance. 5.All plastic or fabric in hardcover zones other than the 0-75' zone is considered as non-confoiming when the combined structural and non-structurai hardcover in said zones exceeds the allowed hardcover percentages for said zones. 6.For any project that has been the subject of a hardcover variance approval, no building permit will be issued until all non-conforming plastic or fabric has been removed from the property. Hardcover calculations presented at the time of variance application shall reflect all hardcover remaining on the property after the non-conforming plastic or fabric has been removed. Adopted by the City Council of the City of Orono this 24th day of November. 1997. 1 >1 ii REQUEST FOR COUNCIL ACTION »*cptinG MAY 2 4 2004 Cl I y UH OHONO DATE: May 24, 2004 ITEM NO.: jQ DepurtQienC Approval: Name Gregory A Gappa Tide Director of Public Services Adminislrator Reviewed: Agenda Section: f/j Public Services Director's Report Item Description: StoneBay Development Trunk Fee Credits and Kelley Parkway Streetlights Trunk Fee Credits This 162 unit development is being platted in phases. Phase I was platted in June of 2003 and contains 54 units which is 1/3 of the units in the full development. The development trunk fees for each phase arc paid when the lots in that phase are platted. The trunk fees for Phase 1 have already been paid based on the 2003 Fee Schedule and a prorated share for the 54 units in this phase. The fees for future phases will be based on the current Fee Schedule in the year in which they arc platted and prorated for the number of units in the phase The development agreement for the StoneBay project provides for reimbursement of Ocvclopmcni Trunk Fees that have been paid by the developer as compensation for the additional costs incurred for the construction of trails, storm sewer improvements, and water system improvements that provide a regional benefit beyond the improvements necessary to only serve the development. We have received a request for reimbursement of these fees that is based on the additional incremental costs for the installation of these improvements. This information has been reviewed by City staff and our recommendations for reimbursement of these costs arc listed below. Regiona* Pond & Storm Sewer Costs The total Stormwater Trunk Fee for the entire development is S253.149 based on the 2003 Fee Schedule. The total fee that will actually be paid will be in c.’cccss of this amount as the fees for future phases will be collected at a higher future Fee Schedule rate. The Stormwater Trunk Fee collected for Phase I is $84,240. There is $ 114,096 in extra costs for the additional excavation and related costs to construct a larger regional pond to serve a 100 acre drainage basin. The Stonebay Development drainage area to Utis pond is 40 acres. There is $34,093 in additional costs to install a 30 ” versus an 18" diameter storm sewer pipe, to serve development west of the SioneBay project. Page I of 4 I \ The total recommended Stormwater Trunk Fee reimbursement amount is $148,109. We are recommending payment of $84,240, at this time, which is the amount that has been collected for Phase l.The remaining 563,949 reimbursement will be credited against Stormwater Trunk Fees for future development phases. This $84,240 reimbursement cost will be funded from the Stormwater Utility Fund and will require a budget adjustment for the 2004 Stormwater Utility Fund budget. Trunk Watermain Costs The total Water Connection Fee for the entire development is $389,267 based on the 2003 Fee Schedule. The total fee that will actually be paid will be in excess of this amount as the fees for future phases will be collected at a higher future Fee Schedule rate. The Water Trunk Fee collected for Phase 1 is $129,858. There is $44,923 in additional costs to install a 12” versus an 8" trunk watermain in Kelley Parkway which will provide a regional benefit to the Highway 12 water system. The total recommended Water Connection Fee reimbursement amount is $44,923. This reuubursement cost will be funded from the Water Utility Fund and will require a budget adjustment for the 2004 Water Utility Fund budget. Public Trails Cos's The total Park Dedication Fee for the entire development is $526,500 based on the 2003 Fee Schedule. The total fee that will actually be paid will be in excess of this amount as the fees for future phases will be collected at a higher future Fee Schedule rate. The Park Dedication Fee collected for Phase I is $175,500. The requested cost reimbursement of $33,321 to construct the public trail along Willow Drive and Highway 12 is acceptable, but will not be paid until construction of the trail is complete. . Kelley Parkway Streetlights The Kelley Parkway streetlights are required to be installed, at the developer ’s expense, through an agreement between the City of Orono and Excel Energy for the installation and long term maintenance of these lights. The City will than be responsible for the operation and maintenance costs of the Kelley Parkway streetlights. The E.xcel Energy Streetlight Agreement cost is $91,787 These costs will be reimbursed to the City by the Developer as described in a subsequent section of this memo. The staff recommendation is for approval of this agreement and payment of $91,787 to Excel Energy for the Kelley Parkway Streetlights. These costs will be funded from the PIR Fund and will require a budget adjustment for the 2004 PIR Fund budget. The installation of the streetlights is planned to begin the week of May 24*^. Page 2 of 4 4 Professional Services Costs The Developer is responsible for payment of all costs for professional services, including legal, engineering, and plaiming costs, in excess of the costs for these services that are included in the zoning application fees paid for the project. There are $31,660.25 in outstanding professional services fees that need to be paid by the developer on this project. Summary of Fees and Costs We have reached an agreement with the developer to offset the trunk fee reimbursement payable by the City to the developer against the streetlight costs and professional development fees payable by the developer to the City and then pay the difference to the developer. Trunk Fee Reimbursement Payable to the Developer Regional Pond & Storm Sewer Costs 5148,109 Recommended Fee Reimbursement Payable at This Time Trunk Watermain Costs Total Trunk Fee Reimbursement Payable to the Developer Kelley Parkway Streetlights Costs Payable to the City Professional Services Costs Payable to the City Total Costs Payable to the City Net Fee Reimbursement Pavable to the Developer Page 3 of 4 Uliiiblbi $84,420 $44,923 $129,163 $91,787 $31,660 $123,447 $5,716 COUNCIL ACTION REQUESTED: Motion to approve a 'Stormwater Trunk Fee reimbursement of S84.240 to Dahlstrom Development to be funded from the Stormwater Utility Fund and approval of a budget adjustment for the 2004 Stormwater Utility Fund budget to reflect this expenditure. Motion to approve a Water Connection Fee reimbursement of $44,923 to Dahlstrom Development to be funded from the Water Utility Fund and approval of a budget adjustment for the 2004 Water Utility Fund budget to reflect this expenditure. Motion to approve the Excel Energy Agreement for Kelley Parkway Streetlights in the amount of $91,787 to be funded from the PIR Fuad and approval of a budget adjustment for the 2004 PER Fund budget to reflect this expenditure. Motion to authorize a Net Fee Reimbursement payment to Dahlstrom Development in the amount of $5,716 Page 4 of 4 1 r @ Xcel Energy OU TDOOR LIGHTING 1971 Gateway Boulevard Arden H1II3. Minnesota 55112*2750 la tliis agieetrien;. Noitl-.etn Scares ?ovv;t Company, a NSnnssota eocpotaoon Vb/a Xcel Enecg\-1$ called "Xcel Enets>’’ and the Customer is called 'T' or "my". Cuscome: and Xcel Energy agree to die foUoivang teems and cood.cions: l. Request for CXitdoor Lighting Services. 1 request that Xcel Energy install outdoor lighting a: the location desigrjited above and/or the approximate location as shown on the ar.ached e.xhibit. I gran: Xcel Energy any r.gnt, inri CO ’Tistall. oocnic ixid crJiiiUidA its ur.derzrour.d faculties or. the properry.privilege and casernent to instali, operate and maintain its underground faculties or. the properry. Installation Requirements. I ajicc dut. prior to Keel Energy stardng work (1) the route of Keel Energy’s ser uistaUauoa shaU be accessible to Keel Energy’s eq‘aiprr.enr. (2) I viU rcm.ovc a^ obsmuctions from the roun: a: n serv.ee no cos tauation snau oe accessioic ro •x.cc. - — -------- _jt or expense to Xcel Encr^, (3) I will cleariy mark all septic tanks, drain-fields, sprinkler s)^te.ms. water w-us, o^.er-installed clecthc or pipeline facilities, or other customer-owmed facilities in the Lnstailation route; and (4) the ground elevation along the route shall not be above or more than four inches below the final grade. Xcel Energy will contact the app.^prute agency to locate 3*^ party utility facilities (pho.ne. cable, etc.) on my p.^operr/. I agree I5 not responsible for damage to customcr*owT.cd underground facilities not marked at the tim.e 0. outdoor lighting service installation. 3. IiisuUatioii Cost Contribution. I agree to pay an Lnstallation cost conmibutior. provided in Project Charges on page one. I understand tnat I am responsioie for any additional instaLation costs incurred by Xcel Energy oecause of (l) sod conditions that impair the mstalation of underground faculties, such as rocrc formations, c.c., and (2) sidewalks, curbing, black top* paving, sod or other landscap'mg and obstructions along the cable route, such as c.'censivc c.xisting underground tacilities, etc. 4. VClntcr Cons tniction Charges. I understand Winter Co.ns:nucu)n Charges may apply i unde.'gro’und facilities are installed between October I ar.i AprI 15. XX'hcn co.nsmuction sched’ulmg docs not permit mstiiiatior. of underground faciLtics to be completed pr.or to October 1 or after April 15 and Xcel Energy determines winter co.ndidons exist, I agree to pay Wjitcr Const.nicticn Charges if I request Xcel Energy to complete the construction during aforementioned time. Xcel E.nc.'gy' will agree to com.plete installation at my request if winter condition e.xists with a frost line of less t.han 6 inches. If wter coruiitlo.ns exist with a frost Imc 6 inches or above, construction will be scheduled for after April 15. 5. Hestoration. Xcel E.nergy w-lZ restore the boulevard and wil backfill the service trerxh on my prope.'ty with existing soil $0 the trench is level and clean. I am responsible for the firol compacting, loam, seeding, sod or w'lterirg of service trench at my e.xpcnsc unless cdicrwise noted on page one of tnis contract. I will also be responsible for restoration in areas whc.m I have c.xposed my underground facilities listed above 6. ReloLacing Ficilidcs. I agree to pay the cos: of relocaung any porion of underground facilities made to accommodate me or req-uireo due to alteruig o: grade, additions to struemres, installation of pauos, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other condition wmich maxes maintenance of the Xcel Energy's faciLnci impracacai 7. Malnten.tncc. I request and authorize Xcel Energy'to mountain the cr.tbe streetlight system under the terms ^.d conditions as described In my current Operations 6c Maintenance signed contract with Xcel Energy and this snali i cftcctlvc upon completion date of the streedig’nt instadauon. Xcel Eatfgy Propricury Sc CooFidtonal 12/3/2X3 P»*» 7 nf ^ OUTDOOR LiGHTtNC 1971 Gateway aou'eva'd Arden H-lis. P/ir.resota 53^12-2'SO TERMS AND CONDITIONS 1. 3. 4. ana aii claims to: damages m excess or sucti amount Geing ^tereov torevs:'■waived and released bv Customer, provided, however, tnat nothing contained ui.tn*s sentence snaL wuve or lin^t anv. diiect damages which Customer mav suffer or. account o: XE'S gross neg'jgence or wuitul rfusconduct. av or failure to pe^'erm due to ‘ or otner labor ddnewr/, act the force maieure wd notifv r^reement 0.Document Approval XE may request confomuty Mtn Customer requircme,nts otherwise'in wnting wiuun fifteen (15) davs documents anproved and proceed with wort Customjer, will entitle XE to adjustment by chc nge 01 6. against an^ reason wH (e.Kcept CO che eTteut of XE'S ne^igence). XjsI Energy Pcopdeuiy Sc Coriidental 12/3/20C3 Pare 3 of 5 ^ Xcel Energy OUTDOOR LIGHTING *971 Qa:s//a^ Souleva^d Amr\ Hills, Mlrrescta 55112-2750 7. 8. SubcontrAciIng. XE may subcontract any portion or all of the Work without the approval of Lus corner. tnac couic atteccme worK.. containing nucensLS. tprnulcc the per:Qrmance pt t reasocubiC control an Locice qf a^ny hazardous p qe ocrtomTaed or ir aiM has been made safe by Customer or Customer’s icoreseruative, at Customer’s expense 11. Payments Unless omepnse.sge Upon cotiiDlenon ot the AvorK wi Caiscoaxer shall pay XE all invoiced amounts wi eciCcd in XES’ ptooosa!. XE mav a; m opcpn invoice Custom^ or invoice Cultorher.on a mphtmy^basis. ter work.pertonrea. thin thLty (30 da>3j ot receipt or invoice. this Mreement nor.any acts of the parties shall Qt lomt venture or of any ^sociation occwcen or among the parues to this Agreement, except tnat of owner and ndependent contractor. 15. Work Product. oSSr'E5l « rs-gii or oisciostf to any^diifa^parcy all or any portion cc such wonc product uatnout tnc express pner written consent of 16. Addition foTOt _______., _ i- }pjcompvisatec „ :or any added cc foUoWg: W .any and e mutually agreed by Customer Xcel Eoerijr Propriemy 8c Coofideatial 12/3/20C) n— 4 ,n @ XcelEnergy OUTDOOR LIGHTING 1971 Gaieway Bouttvard Afd*'’ Hills. Minnesota 55112-2730 subcontracton. a'f p'rSp/Sy ^Scl s1>F5SS., Customer 18. Ownership. Cu---- sruti ti party, equip jomer equipment ’try oY »»wiK cot.itricted aq us' rom?onenrs)^t- ^ ^u^her. & r^. id squipment, at any time ^Sfome'iny 5f't&'provisions ^s^°r^^nt^ S^nd cv£- to^^y. suppletpcnt pr^xplam ter^ ^'iUut the ad-^ance irten agree' Id. assi; loth pat s. If an: law's to anyot its Xc*l Eairiy PtopriBaty Ic CoofidtaMl iSrWneo • SwMbarPuUk 12/3/2003 Pace 5 of S B PROJICr INf ORMAIION NSTML I5KV f?AL JPRiMAHVINAJOWr llttNCH WTH CAS. II IkintONL. AND CAIV KLUtRiaCUUHfNUYOPl RATINGAl 13 B NO TOWI MSKIN AIII A UHI mo IRANSIURMCWS HAMBirH 8 m t HOMi:S ARF 3500 SO FI FINIliHI D AND lOVyWMOMt STYtl AHt ytXX) 5U FII INIbhl O THf Rfc IS A 5* Slot WALK IN |•OHllONS OI IMIS i)l VCIOPMFNT RUNNINC lINt lOIlL OISCUSSLIJ AF LOCAIL MLLT INII HIOR SIMFl IS All! 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AtWKRiNKi t XCIL I OWISF tmmma/a JOINT T HI NCM Cmp4f l« NNI PIN t»r (mm) NHtaat I llttNH ^JWS 33 o&OCf iNfi J5S0UJ Piwiii • IlMIfK GCFNIlRKJlNIt C MLUACGM f^m A 0R0NO62 _ujiazsi MMBiMI PUfTtl Om I« SUkhtait W4I« I *•%•«« t«i‘ XeeiBfmgf REQUEST FOR COUNCIL ACTION DATE: April 22,2004 ITEM NO: j \ m 2 4 2004 CITY OF ORONO Department Approval: Name Ronald J. Moorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Framework and Policy Goidelines for Long Lake Fire Department Pension Benefit Adjustments The Long Lake Fire Commission has developed a recommendation regarding a plan and policy guideline for on-going adjustments to the pension benefit for the Long Lake Firefighters. The policy guideline is based on the attached Pension Benefit Framework. As indicated in the Pension Benefit Framework, there are five variables in the pension funding equation. The Cities have the ability to determine three of the variables—the pension benefit amount, the amount contributed to the pension fund by the Cities, and the level at which pension liabilities are funded. The two remaining variables are the rate of return on the assets of the pension fund, and the amount of State Fire Pension Aid received. The Commission determined that the firefighter pension benefit amount should generally be increased at a rate similar to the annual pay adjustments provided to other City employees. These pay adjustments generally follow the annual increase in the cost-of-living, which should also generally be matched by the rate of return on the as.sets in the pension fund. The annual pay adjustments for City employees have been averaging about 3% for a number of years. The Commission requested the Long Lake Auditor to prepare a projection through 2010, based on relatively conservative assumptions, showing the financial implications of increasing the pension benefit by 3% per year. The projection indicated the pension benefit can be increased by 3% per year without the need for a contribution to the pension fund by the Cities. Based on this projection, the Fire Advisory Commission is recommending a general policy guideline for pension benefit increases that provides for a benefit increase of 3% per year for the coming years, subject to the results of continuing periodic financial projections. The pension benefit has not been increased for several years. The current benefit level is in the lower portion of the range of pension benefits provided bv other area Fire Departments. The Commission is recommending that the pension benefit be increased from the current level of $2,282 per year of serv'icc, to $2,375 per year of service in 2003, then increased by 3% per year. Recommendation A. Increase for 2003 It is recommended that the pension benefit be increased from $2,282 per year of service to $2,375 per year of service for 2003. B. Policy Ouidcline Regarding Future Pension Benefit Increases •>! It is recommended a policy guideline be put in place that provides for pension benefit increases of 3% in the coming years, subject to the results of continuing periodic financial projections. COUNCIL ACTION REQUESTED Motion to approve the recommended pension benefit increase to $2,375 per year of service for 2003; and to approve the recommended policy guideline that provides for future pension benefit increases of 3% in the coming years, subject to the results of continuing periodic financial projections. . LliJIUl . Pension Benefit Framework The Long Lake Fire Commission has met with the City’s Auditor and with Kelly Shaughnessy, representing the Long Lake Fire Relief Association, to determine the current status of the pension fund, and to discuss the elements of a framework for determining pension benefit increases. These discussions have provided the basis for developing a policy to guide pension benefit increases over the long term. The following is an outline of the key elements of the framework for determining pension benefit increases. 1 . There are five variables in the pension funding equation A. The rate of return on the assets in the pension fund (determined by the investment strategy of the Relief Association) B. The level of pension benefit paid to each firefighter at retirement (determined by the Cities) C. The amount of 2% State Aid D. The contribution to the pension fund by the Cities (determined by the Cities) E. The level at which the pension liabilities are funded (determined by the Cities based on generally accepted pension funding principles) 2. The Long Lake Auditor has prepared a funding projection for pension benefit increases based on the following parameters: A. The projections assume a 5% rate of return on the pension assets B. The projections provide for 100% funding of the pension liabilities C. The projections reflect the recent higher 2% State Aid due to higher insurance premiums, and due to the addition of the northwest comer of Orono to the Long Lake fire service area. They also reflect higher 2% State Aid in 2007, based on adding the Navarre area to the Long Lake fire service area. D. The Auditor has prepared a funding projection that assumes an annual pension benefit increase of 3%. This level of increase is related to the average annual pay increases provided by the Cities to their various employee groups. These pay increases have averaged about 3% for a number of years. r E. The funding projection is based on increasing the pension benefit from the current level of $2,282 per year of service to $2,375 per year of service in 2003, and provides for 3% benefit increases in the following years. 3. The funding projection indicates the benefit scenario reflected in points 2D and 2E above can be accomplished with no contribution needed by the Cities. REQUEST FOR COUNCIL ACTION mcpting MAY 2 4 2004 DATE: May 19,2004 ITEM NO: y 2^ CITY OF ORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report 7 Item Description: Renewal of Agreement with Hennepin County for Assessing Services The City contracts with Hennepin County for assessing services. The current four-year agreement terminates effective July 31,2004. The contract year runs from August 1 to July 31, reflecting the timing of the armual revaluation process. The Hennepin County Assessor’s Office has provided a contract for the next four years, with the same terms as the current contract; with the exception of a change to reflect legislation that has reduced the percentage of properties that must be reviewed each year. The percentage has been reduced from 25% to 20®/o. Based on this change, the proposed cost for 2004 has been held at the same level as the 2003 cost, which is SI 10,000. Recommendation The County Assessor’s Office has provided high quality service throughout the term of the current contract. It is recommended the contract be renewed for a term of four years, expiring on July 31,2008, with the two revisions described below. Attreement Revisions There are two paragraphs of the contract that the County Assessor’s Office has been asked to revise for the contract renewal. These are paragraphs 8 and 12B. Paragraph 8 provides that the City will defend and indemnify the County for acts and omissions of the City. This paragraph is to be revised to provide for a reciprocal indemnification of the City by the County. Paragraph 12B provides an opportunity for the City to terminate the agreement if the County increases its costs beyond I0®/o in any year. However, the timeline for the termination is very short, which would not give the City sufficient time to put in place an alternate provider. The language is to be changed to enable the City to terminate the agreement after the County completes the next revaluation process. COUNCIL ACTION REQUESTED Motion to approve the renewal of the contract with Hennepin County for assessing services for a four year period, ending on July 31, 2008, subject to the two language revisions regarding indemnification and termination described above. Contract No. A040029 AGREEMENT THIS AGREEMENT. Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF ORONO, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY*; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes. Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY, and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1 The COUNTY shall perform the 2005. 2006, 2007, and 2008 property assessment for the CITY OF ORONO in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The i property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A. attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. The CITY agrees to furnish, without charge, office space needed by the COUNTY at appropriate places in the CITYs offices. The keys thereto shall be provided to the COUNTY. The CITY assures that such areas shall not be unattended. during or after work of any kind by or on behalf of the CITY, in any area occupied by the COUNTY as provided herein, or if unattended, the CITY shall make certain that such areas are locked and secured. Such office space shall be sufficient in size to accommodate reasonably two (2) appraisers and any furniture placed therein. The office space shall be available for the COUNTYs use at any and all times during the CITYs business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the cirrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY’S offices each CITY working day a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex-offender status or national origin: and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent. representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relatior.ship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged. and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave. Workers' Compensation. Re-employment Compensation, disability, severance pay and retirement benefits. 8. CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting form or caused by any act or omission of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. 9. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTYs liability of any kind whatsoever, including but not limited to liability arising out of. resulting from or in any manner related to contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any deticiency in said services as is reasonably possible under the pertinent drcmistances. 10. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to. acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties ’ reasonable control. 11. This Agreement shall commence on August 1 , 2004, and shall terminate on July 31 , 2008. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend no less than 150 days prior to the termination of this Agreement. If the party who receives said notice of intent to extend gives vwitten notice to the other party of its desire not to extend within 110 days prior to termination of this Agreement, this Agreement shall terminate on July 31 . 2008. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1 . 2008. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or wf ich said representatives had a reasonable opportunity to attend, provided that after such determination, any party desiring to cancel this Agreement may do so by giving the other party no less than 120 days' written notice. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the i CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non completion of a property tax assessment. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 12.A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of One Hundred Ten Thousarid Dollars ($110,000) for each assessment, provided that any payment for the current year ’s assessment may be increased or decreased by that amount which exceeds or is less than the COUNTYs estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of any increase or decrease shall be specified in the billing for the current year's assessment. 12.B. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $110,000.00 may also be increased by the COUNTY if; (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs new construction and new parcel appraisals, gasoline, postage, supplies, labor (including fringe benefits) and other types of costs, whedier similar or dissimilar; and/or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to inaease the assessment cost pursuant to this paragraph 12(B), it shall give written notice thereof by June 15 of any year and such increase shall appty to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds ten (10%) percent of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNPf written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said current calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY, Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTYs receipt of said cancellation notice and not later than forty-six (46) days after the CITYs receipt of any said price-increase notice. Payment for each assessment shall be made in the following manner. Approximately one-half (1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15“’) day of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within fifteen (15) days after receipt thereof. In the event the CITY receives a bill less than fifteen (15) days before said December 15 or said July 15, such bill shall be paid not more than fifteen (15) days after its receipt. 13. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows; TO CITY; TO COUNTY: copies to: Mayor, City of Orono 2750 Kelley Parkway P.O Box 66 Orono, MN 55323 Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 14. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8,11 , and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreement. [Remainder of page intentionally left blank.] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this_____day of ____________2004. Approved as to form: Assistant County Attorney Date; Approved as to execution: Assistant County Attorney Date; COUNTY OF HENNEPIN STATE OF MINNESOTA By: bhair of the County Board And: Assistant/Deputy/bounty Administrator ATTEST: Oeputy/Clerk of the County Board CITY OF ORONO Contract No. A040029 EXHIBIT A CITY OF ORONO During the contract term, the County shall: 1. 2. 3. 5. 6. 7. 8. 9. 10 11. 12. Physically inspect and revalue 20% of the real property, as required by law. Physically inspect and value all new construction, additions and renovation. Conduct valuation reviews prior to Board of Review - approximate dates: March through May 15. Attend Board of Review. Per Board request, make all necessary review appraisals. Approximate dates: April 1 - May 31 . Keep updated field card file - current values, homestead and classification data. Print, mail and post valuation notices and homestead cards Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically. Make divisions and combinations periodically. Administer the abatement process pursuant to Minn. Stat. § 375.192 (2000) Make appraisals, defend and/or negotiate all Tax Court cases. Post values from appraisal cards to assessment rolls. Adjust estimated market values on those properties not physically inspected as needed as per sales analysis. (11) Ji REQUEST FOR COUNCIL ACTION »*ePTING MAY 2 4 2004 CITY OF ORONO DATE: May 24,2004 ITEM NO: /3 Department Approval: Name Tom Kuehn Title Finance Director dministrator Reviewed:Agenda Section: City Administrator's Report Item Description: 2003 General and Special Revenue Budget Amendments This item will be provided to Council Monday morning. May 24,2004. COUNCIL ACTION REQUESTED: REQUEST FOR COUNCIL ACTION DATE: May 24,2004 ITEM NO: ^ w i ) Department Approval^ ^ Name Tom Kuchn Title Finance Director s Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: 2003Gcncral and Special Revenue Funds Budget Amendments General Fund Budget Amendments The total General Fund revenues for 2003 are $5,200,226, compared to total expenditures of $4,466,151. Total revenues exceeded total expenditures for the year by $734,075, and the fund balance inereased from $1,527,173 on 12/31/02, to $2,235,331 on 12/31/03, or an increase of 46.4%. ITie fund balance of the General Fund at 12/31/03 is 47.5% of the 2004 General Fund expenditure budget. I his is on target with the desired year-end fund balance level of 45% of the budget. The fund balance was restored to the desired level with the sale of the property at 2765 Kelley Parkway. I. Cicncral Fund Revenues The year-end revenue I'or tlie General Fund is $5,200,226, compared to the budget of $4,712,880. a favorable variance of $487,346. There are several revenue sources w'hich exceed the budget by significant amounts, and should be adjusted to match the expenditure areas that generate or use those re\enues. Adjustments should also be made to those revenue sources which have decreased or been eliminated, as in the loss of certain aids from the State. The revenue budget net amendments total $453,810. The affected revenue sources arc indicated in the following tabulation. ITie amended General Fund revenue budget will be $5,166,690, and the actual revenue will exceed the amended budget by $33,536. (Only those revenue sources with budget amendments arc listed, and total the amount indicated at the bottom of the Amendment column). Revenue Source Original Amendment Market Value Credit (State) $54,410 $ (54,410) (Reduces real estate tax revenue) Building Permits 280,000 l.ocal Govenunent Aid 9,280 Municipal State Aid-Streets 104,500 Final Amended Budget $ -0- 90,000 (9,280) (9,300) $ 370,000 -0- 95,200 i < Final Amended Revenue Source contd. Plan Check/Site Exam Fees Conditional Use/Subd. Fees Police Special Services Interest on Investments Sale of Equipment Sale of Land Total General Fund Oricinal Amendment Budget 150,000 35,000 185,000 43,000 10,000 53,000 48,000 (15,000) 33,000 72,000 (48,000)24,000 15,000 (7,000) 8,000 -0-461.800 461.800 $4,712,880 $453,810 $5,166,690 2. General Fund Expenditures The General Fund operating expenditures at year end are $4,466,151, compared to the budget of $4,7 1 2,880, which is $246,729 under budget, or 5.2%. It is not necessary to increase the total budget, however, there are several departments which require amendments to their expenditure budgets. The following is a listing of those departments which require budget amendments due to expenditures exceeding budgeted amounts, and those departments with expenditures significantly below budgeted amounts. (Only departments with budget amendments arc listed, and total the amount indicated at the bottom of the Amendment column). Denartment Approved Budget Amendment Final Amended Budget Central Services S 210,860 $ 12,650 $ 223,510 Police 1,973,800 (5,960)1,967,840 Streets 549,790 (20,180)529,610 Parks & Recreation 63,070 20,180 83,250 Special Ser\iccs-Police 22,150 5,960 28,110 Special Services-Land Use 48,000 12,350 60,350 Contingency 60.000 (25.000^35.000 Total General Fund $4,712,880 S -0-S 4.712.880 A brief explanation of the significant overages follows: Central Ser\'ices Tlie amendment is to fund higher than anticipated co.sts for office equipment maintenance, and buildings and grounds maintenance. Parks and Recreation The amendment refects more hours spent by the Public Words staff on park maintenance activities than was projected. Special Services The amendment to the police portion is required to fund greater than anticipated costs for police personnel provided for security purposes for area J businesses, and large local private gatherings. These costs are offset by revenues collected for providing this service. The amendment to the land use portion is required to fund greater than anticipated costs for engineering and legal services associated with land use applications. These costs are reimbursable from the applicants to the extent they exceed the application fees collected. Special Projects and Contingency The contingency account was not used to the full extent. As a result there is $25,000 available to offset a like amount of increases in other departments. Special Revenue Funds Budget Amendments The Special Revenue Funds consist of the Park Fund, the Improvement and Equipment Outlay Fund, the Community Investment Fund, the Drug/Felony Forfeiture Fund, and the Affordable Housing Grant/Loan Fund. The Lurton Park Fund was added during 2003. During the year as expenditures from the Special Revenue Funds which required budget amendments were presented to Council, it was standard practice to include a request for a formal budget adjustment. The revenue budgets of the Special Revenue Funds should be adjusted to reflect higher than anticipated revenues, as follows: Park Fund : This fund requires adjustment for park dedication fees of $184,000, to reflect the collection of fees from the Stonebay and Orono Ambar developments. Improvement and Capital Outlay Fund no revenue budget increases arc required. Community Investment Fund This fund requires adjustment for investment income w ith a decrease of $43,000, and an adjustment for transfers in with an decrease of $33,000. The decrease in investment earnings is a result of the continued erosion of investment interest rates. The transfer in budget amount of $33,000 is for the loan principal payment from the Park Fund, which is not actually a revenue. Drug/Felonv Forfeiture Fund This fund typically has no revenue or expenditures budgeted as the amount of either is subject to wide fluctuation. The revenue budget requires adjustments for 2003 for forfeiture collections through the sale of forfeited equipment, $9,850; and interest income from the investment pool of $860. Affordable Housing Grant/I.oan Fund This ftmd was established to provide funding assistance for affordable housing to applicants who meet the program requirements. The City receives funds from the Met Council, Community Development Block Grant, and the MHFA. The City applied for the 2003 portion of funds from the Met Council, and well receive reimbursement of $23,600 in 2004. The revenue budget amendment for 2003 is $23,600 for grants and aids. Lurton Park Fund This fund was established to account for the proceeds of the sale of a portion of the property donated to the City by the Lurton family. The State of Minnesota acquired a portion of the property for easement needs related to the Highway 12 upgrade project. The use of the sale proceeds are restricted by certain covenants in the donation agreement between the City and the Lurtons. The revenue budget for sale of land requires an increase of $615,400; and the state grant revenue budget requires an increase of $1,500. 'Phe following are the amendments to the expenditure budgets of the Special Revenue Funds: Budget Special Revenue Funds Amendment Park Fund: Hackberry Park Improvements Saga Hill Park Improvements Total budget amendments $3,760 4.200 $7.960 The amendments arc to fund the interest on the loan from the Community Development Fund, and the costs associated with the land exchange in Saga Hill Park. Improvement and Equipment Outlay Fund: Other Miscellaneous Charges $ 74.920 Tlie expenditure budget increase is to fund Orono’s share of communications equipment for the Long Lake fire department, an was approved by Council in January, 2003. Community Investment Fund:No amendments required Drug/Felony Forfeiture Fund: An expenditure amendment is required o fund the expenses incurred related to legal, advertising items fur sale, and other miscellaneous expenses, in the amount of $3,120. Affordable Housing Crant/I.,oan Fund: Other Miscellaneous Charges $ 8.400 'I'he budget amendment is to refund a portion of unused grant monies. Lurton Park Fund: Professional .services Other charges I'otal budget amendments $ 9.560 1.200 $ 10.760 The budget amendments are for legal, appraisal and rental costs related to the sale of land to the State. COUNaL ACTION REOCESTED: Approval of the 2003 budget amendments for the General and Special Revenue Funds as pre.sented, elTective December 31, 2003. WPMXwn^'nutd.Am —Muor hmmi MOI COIImom mcpjing MAY 2 4 2004 REQUEST FOR COUNCIL ACTION CITY OF OROMO DATE: May 24,2004 ITEM NO: } ^ Department Approval^^ y j Administrator Reviewed: Agenda Section:y JName Tom Kuehn Title Finance Director ■¥- City Administrator’s Report Item Description: 1992 Improvement Bond Debt Service Fund Close Out - Resolution Attachment: Resolution To Close the 1992 Improvement Bond Debt Service Fund In May, 2003, Council authorized the issuance of the 2003 Sewer Improvement Refunding Bonds. On August 1,2003, the bond proceeds v/crc used to call and redeem all outstanding debt related to the 1992 General Obligation Sewer Improvement Bond. As all debt related to the 1992 bond issue has been paid, the 1992 General Obligation Sewer Improvement Bond Fund should be closed and the remaining as.sets transferred to the refunding bond fund to assist in payment of the refunding bonds. At the end of 2003 the remaining assets of the 1992 bond fund consist of cash, $583,072.76; taxes receivable, $1,534.79; and special assessments receivable, $ 137,308.21. The remaining assets should be transferred to the 2003 refunding bond fund and the 1992 bond fund closed. COUNCIL ACTION REQUESTED: Adoption of Resolution U , A Resolution to Close the 1992 Improvement Bond Debt Service Fund to tlie 2003 Sewer Refunding Bund Fund. \ ^ m A RliSOLUHON lO CLOSE I Hli 1992 0.0. IMPROVliMHN I BONDS DEBT SERVICE FUND TO T1 IE 2003 G O SEWER IMPROVEMENT REFUNDING BOND DEBT SERVICE FUND WHEREAS, the 1992 0.0. Improvement Bonds Debt Service I’und was established to account for the payment of the said bonds principal, interest, and n<;cal agent fees; and WHEREAS, all outstanding bonds were called on August 1, 2003 the final payment of bond principal, interest, and fiscal agent fees having been then made, and the remaining residual equity of the Fund is no longer required; and WIIERE.AS, transfer of the 1992 Bond Fund residual equity to the 2003 Refunding Bond Fund will aid in the payment of the refunding bonds and reduce the amount of general real estate taxes required to be levied us a funding source: NOW, THEREFORE BE IT RESOLVED, that the 1992 G.O. Improvement Bonds Debt Service Fund be closed and that the residual equity at December 31, 2003 be transferred to the 2003 G.O Sewer Improvement Refunding Bond Debt Service Fund. Adopted by the City Council of the City of (Jrono, Minnesota at a regular iuccting held May 24,2004. A'lTI-ST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor •COIIMril iuiCPTING MAY 2 4 2004 REQUEST FOR COUNCII. ACTION CITY C P ORONO DATE: IVIay24,2004 ITEM NO: Department Approval: Name Tom Kuchn t itle Finance Director Administrator Reviewed: Agenda Section: Item Description: 1998 Construction Fund Close Out - Resolution Attachment: Resolution to Close the 1998 Construction Fund 'Fhe 1998 Construction Fund was created to account for the construction costs of the sanitary sewer system in the Fdgewood I lilts, 1 leritage/Shoreline, and Orono Orchards areas. ITic construction has been finalized and the remaining cash balance of $97,487.09 should be clo.sed to the 1999 Improvement Bond Debt Service Fund to assist in payment of the debt related to the construction projects, which will reduce the amount of general real estate taxes required to be levied for payment of the debt. COUNCIL ACTION REQUES I'ED: Adoption of Resolution U A Resolution to CIti.sc the 1998 Sewer C'onslruclion Fund to the 1999 Improvement Bond IX’bt Service Fund. A RHSOLUTION TO CLOSH I'HR 1998 SliWl-R CONSTRUCTION FUND TO THE 1999 IMPROVEMl-NT BOND DI-BT SIvRVICE FUND WHEREAS, the 1998 Sewer Construction Fund was established to account for the construction costs of the Edgewood Hills, Hcritagc/Shoreline and Orono Orchards sanitary sewer improvements; and WHEREAS, alt costs incurred in the construction of the above mentioned sanitary sewer improvements have been paid, and the remaining residual equity of the Fund is no longer required; and WHEREAS, transfer of the construction fund’s residual equity to the related debt service fund will aid in payment of the outstanding bonded debt and will reduce the amount of general real estate taxes required to be levied as a funding source; NOW, THEREl'ORE BE I f RF:S01.VI:D. that the l‘)98 Sewer ('(instruction Fund be closed and that the residual equity of $97,487.09, be transferred to the 1999 Improvement Bond Debt Service Fund, as of December 31,2003. ORONO POLICE DEPARTMENT CniiMf^ii MrPTING MAY 2 4 2004 CITY OF ORONO REQUEST FOR COUNCIL ACTION Datc:05/24/04 Item No: Depurtment Approval: Administrator Reviewed: Agenda Section: Name: Title: Kurt Erickson Sergeant f Item Description: Request to liquidate excess property (used vehicles) Exhibits: None DISCUSSION: The police department has taken title to 3 vehicles from DWI forfeiture proceedings. Titles for these vehicles have gone through the court process. The State of Minnesota has transferred title to the City of Orono. Tliese vehicles are of no use to the city, fhey are. one I <*93 Chevrolet Lumina - vin 2GIWL54 f5IM 164080, one 1984 Ford fempo - vin’lFABl*22R6EK129132, one 1993 ITodge Ram Pickup - vin 1 R7Mi:36CGPSI22785. The police department also has one 1991 Oldsmobile Cutlass that was purchased last year for undercover drug u.se. The vin for this vehicle is 1G3AL54RXM63I0371. This vehicle has pending maintenance problems and is not wonli fixing. I his vehicle is no longer usable by the citv The new squads are going in service. Tlie cars they replaced are of no use to the city. Tlicy arc 3 Ford Crown Victoria Police units, fhev are all 2001 models with about 90.000 miles each. They all arc in need of major mechanical work. The vin numbers arc; 2FAFP71W 156686. 2FAFP71W31X156687 and 2FAFP7 1W51X156688. COUNCIL ACTION REQUESTED; It is requested that the council declare the above vehicles as surplus property and authorize stall* to conduct a sale of the property to the highest responsible bidder through a competitive bid process. i r COItM^" MtrcTING MAY 2 4 2004 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: May 20, 2004 ITEM NO: / 7 Department Approval: Name Lin Vcc Title City Clerk Administralor Reviewed: Item Description: List of Licenses for Counc/f Approval Agenda Section: Licenses GARBAGE HAULER 1. Blackowiak & Son, Inc. 1 195 Sunnyfield Rd. N. Mound. MN 55364 COMMERCIAL KENNEL LICENSE 2. D. Brian Fulmer 3505 Wayzata Boulevard West RESIDENTIAL KENNEL LICENSE 3. Carol Brooks 980 Fcmdale Road West 5. Don Lindall 666 Tonkawa Road 4. Robin Kilbane 495 Oxford Road SPECIAL EVENT PERMIT 6. Applicant: Sister Kenny Foundation Second Annual Art Gala and Auction Minnetonka Center for the /Vrts, 2240 Noilh Shore Drive Wednesday, June 2, 2004 6:30 p.m. - 10:00 p.m. Event: Location: Date: Time: TEMPORARY ON SALE LIQUOR LICENSE (WINE) 7. Sister Kenny Foundatioa'John Grcvmg Second Aitnual Art Gala and Auction Wednesday, June 2, 2004 Location: Minnetonka Center for the Arts 2240 North Shore Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses, with conditions if desired. mittm ^7 *«»** '**^i. City of Orono Box 66 (27S0 Kelley Parkway) Crystal Bay, MN 55323 (952) 249-4600 License Year 'J-}X r -p- Date Received Fee Paidf.- Initials <L.‘ Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewitli makes applications for a license to do so. Business/Fiim BLRCKOWIAK & SON INC ROLLOFF SERVICE Address 1195 SUNNYPIELD RD N MOUND 55364 (Street) Business Phone Number 952-472-3398 (City)(State)(Zip code) Applicant’s Name Frank Blackoviak Address 1155 Sunnyfield Rd N Mound KN 55364 (Street)(City)(State)(Zip code) Phone Number 952-472-2977 Check One' Individual Partnership X_Coiporation Number of Vehicles to be used in Orono 4 Description of Vehicles (attach list if more): Rolloff Trucks Box Sizes Year Mfer. Gross wt.Rear Axle Wt.Size^ Yards L’.ccnsc Number •97 Freiahbliner 26<780 8 Ton.8-12-20-30-50YDS YAC6236 ‘99 Inbernabional 28,880 8 Ton 8-12-20-30-50YDS YAH8139 *99 Inbernabional 28,880 8 Ton 8-12-20-30-50YDS YAG1518 (SPARE TROC •03 Freiahbliner 20,340 8 Ton 8-12-20 YDS YAP6641(SMALL TRUC NOTE: (SPARE TRUCK USED ONLY WHEN BREAK DOWNS) General area of City served A1 1 fif flrfipo Schedule of Collection charges' dates Nob Apply Approximate number of customers in Orono Nob Apply Location of dumping area Foe Junk Loads Here Planb in Brooklyn Park# Mn Dei For Const.Loads i-Con in Jordan , Mn IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING: ■ Surety bond in the amount of S1,000. • Proof of insurance in the amount of S 100,000 • $300,000 • SSO,000 and lO-day cancellation clause. ■ Annual fee is a S50.00 flat rate fee, plus SIS.OO per truck, and a S30.00 transfer fee (if applicable). I am the owner and operator of the above business and (have paid all license fees and taxes required by law. [ have verified that the above infonpation incorrect. Applicant Signature me above inrom^tion n^correct. Date FC^CITY USE ONLY; After review of application, staff recommends; Approval Denial Other (specify) Signature of C?ty Official ^ KENNEL LICENSE APPLICATION Effective January 1, 200^ to December 31, 200_# y Property Address: Mailing Address (if different^: (iadude dcy acd zip) Phone; rhomePt^Z/dn Co • \-32LC^ (work)^ ” “ _ ____ TTIi t7 yr-rL^. C.-7___ ____________________ (payment must accompany application) Maximum No. ofdogs to be kept at one time; (over 6 moadu of age) Principal Breed: Purpose for more than 2 dogs;___ Dogs normally kept; ____^inside kennel structure J COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: "rw£.DC3Caf^xa:£=agl Business Activities: (exa.^ple: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: (W ~ Ir grAtv>- Cmvw j ~ After Hours Contact; (name) —• _________ (phone) C.glJK Dog runs/exercise areas are;____^inside___outside^ both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation: the undersigned hereby grants the City permission to inspect the premises pnor to license approval and at any other reasoruble time during the license duration; and the undersigned agrees'to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant Date ('J ‘ Owner: KENNEL LICENSE APPLICATION Effective January 1, 200H to December 31, 200'~/ •iLy SECcjveo DEC i p 2003 CITY OF CRO/VO Property Address: t' ^^0CK,'.y;'r-s~3^7 / (include city and zip)n; Mailing Address (if different):__________ Phone: (home) ^ S 2.~ *4~7^_ (work)_ RESIDENTIAL Kennel License Fee; $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:____ (over 6 months of age) |_____ Principal Breed:_____________ Vj^V- Purpose for more than 2 dojs:___ Dogs normally kept: inside kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: ___________ Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Bus’mess Hours:__________________________________ After Hours Contact: (name) (phone) Dog runs/exercise areas are:____inside ___outside__^both— - - ---------- The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable tune durmg the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. KENNEL LICENSE APPLICATION Effective Januaij' 1, 200 _to December 31, 200 __ DEC ,^ 2005 Owner:Robin_A Kilbane Property Address:495 Oxford Road, Orono, MN 55356 (include city and zip) Mailing Address fif different): PQ Box 638, Qrono, MN 55356 Phone: (home) 952.745.4952 (work) 612.865.8672 RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:__ (over 6 months of age) Principal Breed: Labrador Retriever Mix Purpose for more than 2 does: Rescued strays Dogs normally kept: xx inside kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:__________________ Business Activities: (example: boarding, breeding, veterinary care, retaU, etc.) Normal Business Hours:__________________________________ After Hours Contact: (name)_ (phone) Dog runs/exercise areas are:____inside___^outside__bo± The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersisned hereby grants the City permission to inspect the premises pnor to license approval and at any other reasonable time during the license duntion; and die undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. 12-16-2003 Applicant Date fnr City Use Only Kennel inspected by Recomme^s: Aopr^l V Denial Dcu "y'li-di . i iMiiifekdMl Iir. J RECEIVED KENNEL LICENSE APPLICATION Effective January 1, 200_to December 31, 200__ J/iM 2 3 2004 CiTY OF ORONO Owner: ProMrtvAddr«s:^^/^/g^ ^ (iccluds city and zip) Mailing Address (if different): Phone: (home)^^^Tl? ^7/" ______(work) ~ RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 moadis of age) Principal Breed: Purpose for more than 2 does: ^ _____________ Dogs normally kept: *^lnside kennel structure 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; the 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 City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant Date for City Use Onlv Kennel inspected by Date $ ~U- V Recommends: Approv^\/^ Denial A CITY OF ORONO V ^ SPECIAL EVENT PERMIT Date Issued: Date of Event: May 24, 2004 Wednesday, June 2, 2004 Type of Event: Time: Location of Event: Art Gala and Auction (Food, beverages and music for approximately 300 guests) 6:30 p.m. to 10:00 p.m. 2240 North Shore Drive, Minnetonka Center for the Arts / Name of Person(s) And/or Organization Sponsoring this Event: John Greving Sister Kenny Foundation 800 E. 28'“ St.. #16509 Minneapolis. NfN 55407 Phone: 612-863-4618 The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Depanment • Approval from Orono Building and Zoning Depanment The following conditions have been placed on this event: • By acceptance of this special event permit, the permit holder, on behalf of any and all organizations and pnvatc persons, grants authority to operate under the special event permit, agrees to, indemnify and hold harmless the City of Orono from all claims arising from said event. The permit holder, all organizations and private persons exercising authority under this permit, do waive and relca.se all claims against the City of Orono, its officers or employees for any damage to person or property arising from the exercise of pnvilcges granted by this permit and agrees to hold harmless the City of Orono. its employees and officers from any such claim. • The Orono Police Department and its officers are empowered to revoke this special event permit at any time for any safety concerns that arc .not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event onginally authonzed by this permit. • Event parking to be coordinated with the Orono Police Department. All vehicles must be legally parked: illegally parked vehicles may be towed. Live music to be allowed from 6:30 p.m. - 10:00 p.m. Temporary One Day On Sale Liquor License is required. Notification to be provided to the neighborhood regarding the event activities, hours, and a contact name and phone number for any questions or concerns regarding this event. Permit holder is responsible for inspecting the area after the event and rcpainng any damage caused by parking, removing any event-related signs, and cleanup of any event-generated debris. Approved at City Council meeting on: May 24, 2004 (City Seal) Ronald J. Moorsc, City Administrator 2750 KeUey Parkway, P.O. Box 66. Crystal Bay, .MN 55323 Phone; 952-249-4600 / Fax: 952-249-4616 / www.ci.oronojnQ.us V f f state of Minnesota County of Hennepin City of Orono License No: Amount: 2004-11 S25.00 O O Liquor License \\A .Temporary On Sale Liquor License Upon investigation and satisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the laws of the United States, the laws of the State of Minnesota, the regulations and ordinances of tne City of Orono, and the rules and regulations of the Liquor Control Commissioner, pertaining to such; and subject to revocation according to law for violation thereof. This license is not transferable except by consent of the issuing authority. Granted To: Business Name: Business Address: Commencing: Terminating: Business Description: John Greving Sister Kenny Foundation at Minnetonka Center for the Arts 2240 North Shore Drive June 2. 2004 June 2, 2004 Art Gala & Auction Issued by authority of the City Council of the City of Orono. Minnesota on: May 24. 2004 Barbara A. Peterson. Mayor Attest: Linda S. Vee, City Clerk ', .jf. 27S0KeltfiyPa(1may,P.O.Box 66.CfyttatBay.MN 55323 r- - PtKMw: (952) 246-4600 / Pttc (952) 249-4616 / www.d.orono.mn.us - f * v4‘ri *► . * '■ ..' ' S-2O«04| 2 : 26PM;f:OUNOATlON :Si2a632f 10 • 3/10 Minnesoti Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN SS101-S133 (651) 296-6979 Fax (651) 297-5259 TTY (651)282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT f Or a 1 to 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE (Orsaiikaliea or locatkNi timitodto 3 ptitnin in a 12 mootb period) ,NA»ffiOPOR nmwoRMAnoM ^NAMB OP OROANIZATrON SiSTEfe FOUKIDATIO kI -»nioq NAMb OP i^oN Making application ILLBGSOLD(tlo44n|i) £A nON OFFICER'S NAME e , MIOANIZATION OfFK Vwu LeifcPoLV/to JmioAlozAllm WPK:i!i BWVl \Aio|^COfr. LoeMtoawMKlioaMowillD OFFICER'S NAME V> RtIft'SNAMF. DATE ORGANIZED MMneapoliS BUSINE.'Ui PHONE rtnia ■M HOMtPHONB. F,5l)UC,4>SgO| TYPE OF ORGANIZATION D CLUB CHARITABLE OBELIOIOUS □ OTHER NONPROnT isADDRE.5.. , ^ . lOOfeusktt.Wft.y gdl. MK\ be usoct l^OflCdonr tree, (kaienbo Miwrtt.'hyi^Ctt -Ww- 3-^H-Q |«jQf.Cwof^ T!>ri u » N/lot^Aii #4fS A-fn MN SCT?**H A ddress . ^ \ \ ^ . 1/— 4S^H fev|u)Dftdi LO tV\e. tir^ C Will B» epNiout eoatratt f«r inloxiealias liqeor aoivioat? If so, (uve ilie luoac Mhl «ddi«H of ilw Lkfuar KcB«ae pnmdinx Ao seviee. ___MO Wil Hieapi>lkM4eanyU4tiorlMiiiUiyiHW»iice7 IfM.lbe carrier'< name tad Mioujit of oeveriee. (NOTE: lajanacohixn maadatory) ^ '~TP'________________________ APPROVAL APPUCATION MUST BE APPROVED BY CITY OR COUNTY BEFORS SUBMimwO TO LIQUOR CONTROL QTY/COUNTY CITY FEE AMOUNT DATE FEE PAID SKWATUKC CITY CLHRK OR COUNTY OFHClAl. DATE APPROVED LICENSE DATES APPROVED LIQUCm. CfWTRCR. DIRECTOa NOTSi 0« Ml Mptrate lltew Im porta, laod both porta to the oddrcii obove ond the orithioi atgacd bo thia dtoliiee wMbaretoroadoaihelkoMA Sobidl to the ClQr or County ol keif Mdeyibefbrt the eoniL* P8-4»07«(P»q ^adl (i) Ch«ck Number Employe# Nam# 054061 054082 054083 054084 054085 054086 054087 054088 054089 054090 054091 054092 054093 054094 054095 054096 054097 054098 054099 054100 054101 054102 054103 054104 054105 054106 054107 054108 054109 054110 054111 054112 054113 054114 054115 054116 054117 054118 003380 003381 003382 003383 003384 003385 003386 003387 003368 003389 003390 003391 003392 003393 003394 003395 003396 003397 003398 003399 003400 DOOOE. RACHEL M. LESKINEN. DENISE M. SILUS. BARBARA O. ANDERSON.BRUCE L BOBZiEN. SUE A BORIS. SCOTT W DEMBOUSKI. JAY C ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T. MADSON. ADRIENNE M MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSELL. WILLIAM R. TOMCHECK. LAWRENCE F TOMCZYK. MARKW. WITTKE. ANTHONY A OAFFRON. MICHAEL P. MEYER. WILLIAM C OMAN. LYLE E VANG. BRUCE L. GREGORY. JAMES D HANSEN. STEVEN OBRIEN. RANDY L. PALMER. GREGORY A. RATHBUN. BARRv J SKREEN. DALE S ABRAHAMSON. FRED W. JENSEN. RODNEY W MARSELLA. DAN G. MCINTYRE. WILLIAM E OAS. DANIEL O PEICKERT. GARY J. POLLEY. MIKE A ROSS. JOHN A SMYTH. KATHERINE R. STEFFENHAGEN. RONALD STORK. JOHN T. MOORSE. RONALD J VEE. UNDA S KUEHN. THOMAS M OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M. CORNICK. JAMES L DAY. SUSAN J FISCHER. CHRISTOPHER K. GOOD. STEPHANY R JOHNSON. JEFFREY MCNICHOLS. DAVID L. RUSSETH. KYLE M. SCHOENMOFF. JOHN B. TOMCHECK. LAWRENCE F. LEE. JOSEPH P. PHARO. CHRISTOPHER M. BOLTERMAN. MA TTHEW A. CITY OF ORONO check register 05/21/04 1 54 PM COiiM/'H •'•CPTING Pag* 1 MAY 2 4 2004 CITY OF ORONO Pay Check Check Period Amount Date Check Status 10 $1.042 63 5/12/2004 Outstanding 10 $887.98 5/12/2004 Outstanding 10 $47802 5/12/2004 Outstanding 10 $931.63 5/12/2004 Outstanding 10 $47 02 5/12/2004 Outstanding 10 $1,431 35 5/12/2004 Outstanding 10 $1,549.10 5/12/2004 Outstanding 10 $1,579.66 5/12/2004 Outstanding 10 $1,764.58 5/12/2004 Outstanding 10 $1,508.20 5/12/2004 Outstanding 10 $645 60 5/12/2004 Outstanding 10 $516 11 5/12/2004 Outstanding 10 $2.116 94 5/12/2004 OuUtanding 10 $267.55 5/12/2004 Outstanding 10 $474 16 5/12/2004 Outstanding 10 $1.370 49 5/12/2004 Outstanding 10 $1,403 22 5/12/2004 landing 10 $1,428 50 5/12/2004 itanding 10 $1.066 90 5/12/2004 Out .ending 10 $64 72 5/12/2004 Outstanding 10 $V323 53 5/12/2004 Outstanding 10 $1,271 89 5/12/2004 Outstanding 10 $49829 5/12/2004 Outstanding 10 $720.49 5/12/2004 Outstanding 10 $1,011 64 5/12/2004 Outstanding 10 $-.253 92 5/12/2004 Outstanding 10 ^ 1.348 51 5/12/2004 Outstanding 10 $12971 5/12/2004 Outstanding 10 S20532 5/12/2004 Outstanding 10 $279 38 5/12/2004 OuUtanding 10 $244.16 5/12/2004 Outstanding 10 $123 11 5/12/2004 Outstanding 10 $36957 5/12/2004 Outstanding 10 $86 26 5/12/2004 Outstanding 10 $156 82 5/12/2004 Outstanding 10 $17547 5/12/2004 OuUtanding 10 $1,343.17 5/12/2004 OuUtanding 10 $27468 5/12/2004 OuUtanding 10 $2,336.49 5/12/2004 Outstanding 10 $1.266 69 5/12/2004 OuUtanding 10 $1.328 20 5M 2/2004 OuUtanding 10 $1,161 81 5/12/2004 OuUtanding 10 $1.07070 5/12/2004 Outstanding 10 $1,135.00 5/12/2004 OuUtanding 10 $830 00 5/12/2004 OuUtanding 10 $r3.oo 5/12/2004 OuUUnding 10 $787.15 5/12/2004 Outstanding 10 $1,326.68 5/12/2004 OuUtanding 10 $971.59 5/12/2004 OuUtanding 10 $1,556.58 5/12/2004 OuUtanding 10 $2,008 57 5/12/2004 OuUtanding 10 $931.83 5/12/2004 OuUtanding 10 $1,100.00 5/12/2004 OuUtanding 10 $1,438.11 5/12/2004 OuUtanding 10 $1.51487 5/12/2004 OuUtanding 10 $900 00 &'12/2004 OuUtandino 10 $323.03 5/12/2004 OuUtanding 10 $845.01 5/12/2004 OuUtanding 10 $572.10 s/12/2004 Ouwanding Ajur- - ’-'3*^, f- ^ tv*'.!'’ CITY OF ORONO 05/21/04 1:54 PM Pag«2 check register Chock Pay Check ChacK Numbor Emptoyoo Namo Parlod Amount Data Chack Status 003401 CURTIS. MEUANIE 10 $1.058 36 5/12/2004 Outstanding 003402 OAFFRON. MICHAEL P.10 $125.00 5/12/2004 Outstanding 003403 GAPPA. GREGORY A.10 $1,810.50 5/12/2004 Outstanding 003404 OUNDLACH. JANICE J.10 $1.15507 5/12/2004 Outstanding 003405 OMAN. LYLE E 10 $1.40000 5/12/2004 Outstanding 003406 DEBAERE. DONALD L.10 $1.338 16 5/12/2004 Outstanding 003407 HANSEN. STEVEN 10 $77500 5/12/2004 Outstanding 003408 OBERAIGNER. SCOTT G 10 $1.056 30 5/12/2004 Outstanding 003409 OBRIEN. RANDY L 10 $500 00 5/12/2004 OutsUnding 003410 PALMER. GREGORY A.10 $350.00 5/12/2004 Outstanding 003411 RATHBUN. BARRY J.10 $200 00 $64,582.86 5/12/2004 Outstanding r CITY OF ORONO *Check Detail Register© 05/21/04 1:49 PM Page 1 MAY 2004 Total ICMA RETIREMENT TRUST-467 $951.62 >aidChM 078343 S/12/2004 LAW ENFORCMENT LABOR SERVICE Q 101-21707 Union Dues SO 00 ToUl LAW ENFORCMENT LABOR SERVICE SO 00 Paid Chk* 078344 5/12/2004 MN OEPT OF REVENUE 0 101-21702 State Withholding $3,869 33 Total MN OEPT OF REVENUE $3,869.33 Paid ChK« 078345 5/12/2004 MN STATE RETIREMENT SYSTEM 0 101-21718 Poet Employment Health $269 58 Tout MN STATE RETIREMENT SYSTEM $26958 Paiddhk* 078346 5/12/2004 NATIONWIDE RETIREMENT SOLUTION 0 101-21705 Other Retirement $1,877.00 0 101-21705 Other Retirement $164 37 ToUl NATIONWIDE RETIREMENT SOLUTION $2,041.37 ^alddhki 078347 5/12/2004 ORCHARD TRUST CO. TRUSTEE/CU3T 0 101-21705 Other Retirement $3.294 68 Total ORCHARD TRUST CO. TRUSTEEK:UST $3,294 68 >aid bilk#'678348 5/12/2004 PCBLIC EMPLOYEES RETIREMENT 0 101-21704 PERA $6.925 10 0101-21704 PERA $5.406 21 Total PUBUC EMPLOYEES RETIREMENT $12.33131 Paidbhk* 078349 5/12/2004 UNITED WAY 0 101-21708 United Way $70 00 ToUl UNITED WAY $70 00 5/12/2004 WISCONSIN SCTFPaid Chka 078350 0101-21712 Other Deductions ToUl WISCONSIN SCTF $184 62 $184 62 10100 Primary Cash $41.440 55 Fund Summary 101 OENERAL FUND 10100 Primary Cash $41.440 55 $41,440.55 ^1^ Check Amt invoice Comment 10100 Primary Cash Paid Chk# 078341 5/12/2004 FIRST NATIONAL BANK OF LAKES G 101-21701Federal Withholding $9,121 86 FEDERAL W/H G 101-21703FICA Tax Withholding $4,653 09 FICA & MEDICARE W/H G 101-21703FICA Tax Withholding $4,653.09 FICA & MEDCR CITY SHARE Total FIRST NATIONAL BANK OF LAKES $18.42604 Paid Chidl 078342 5/12/2004 ICMA RETIREMENT TRUST-457 0101-21705Other Retirement $951 62 DEFERRED COMP-302030 UNION DUES STATE TAX W/H post retirement USCM. ENTITY 2339 OBRA#2343 MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE Vm CHARITY DONATIONS JOHNSON e 0002756898 1 { CITY OF ORONO Check Detail Register® 05/21/04 1 42 PM Page 1 MAY 2004 Check Amt Invoice 10100 Primary Cash Paid Chk# 018353 52472004 PRUDENTIAL LIFE INSURANCE G 101-21710 Life Insurance $85.80 G 101-21710 Life Insurance $707.36 G 101-15998 Non-Employee Health Ins $4 95 Total PRUDENTIAL LIFE INSURANCE $798.11 4/2004 4/2004 4/2004 Life Insurance 4/2004 Life Insurance 4/2004 Life Insurance 4/2004 Paid Chk# 072005 5/24/2004 BEACK. SCOTT E 613-49900-095 Pro Shop Items For Resale Total BEACK, SCOTT ($217 50) 051504 ($217.50) REPLACE VOID CK#72005 Paid Chk# 078062 5/24/2004 ADVANCED IMAGING SOLUTIONS E 101-41900-413 Office Equipment Rental ($1.098 10) 19397215 Total ADVANCED IMAGING SOLUTIONS Void Check 78062 ($1,098 10) Paid Chk# 078351 5/12/2004 HENNEPIN COUNTY TR-PROP TAXES E 225-45223-441 Licenses 8. Taxes $252 27 5/15/04 Total HENNEPIN COUNTY TR-PROP TAXES $252’27 PaVd"6hKi’078^4 07-117-23-24.0036 Saga Hill 5/24/2004 ADVANCED IMAGING SOLUTIONS E 101-41900-413 Office Equipment Rental $1.098 10 Total ADVANCED IMAGING SOLUTIONS $1,098 10 019397215 COPIER LEASE 3/15-4/15/04 Paid Chk# 078355 5/24/2004 ALL STAR ELECTRIC E 101-43000-404 Repairs/Maint-Bldgs/Grounds Total ALL STAR ELECTRIC $195 45 7430 REPAIR PATCH TRUCK $19545 Paid Chk# 078356 5/24/2004 ARNOLD & RYE PRINTING E 101-41900-352 Printing & Publishing $3,183 29 Total ARNOLD & RYE PRINTING $3.183 29 6579 SPRING NEWSLETTER Paid Chk# 078357 5/24/2004 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Rosale-Txbl Total AUGIES MOBILE CHEF $65 16 $65 16 1653 HOT DOT&HAMB 'Paui Chk# 07*8358 5/24/2004 AUTO ELECTRIC SPECIALISTS E 101 -43000-221 Equipment Parts & Accessories Total AUTO ELECTRIC SPECIALISTS $43 93 7099 ELGIN SWEEPER REPAIRS $4393 Paid Chk# 078359 5/24/2004 AUTOMAlic SYSTEMS CO. E 601.49400-405 Repairs/Maint-Watermairs/plant ToUl AUTOMATIC SYSTEMS CO. $372 00 15258S $372.00 SCADA SERVICE Paid Chk# 078360 5/24/2004 AWWA E 601 -49400-433 Memberships & Subscriptions $10 00 20271252 ANNUAL DUE/ASSESMNT CHARGE Total AWWA $10.00 l>aid Chk# 078361 5/24/2004 BEACK, SCOTT E 61349900-095 Pro Shop Items For Resale $217 50 5/15A)4 REPLACE#72005 ToUl BEACK. SCOTT $217 50 Paid Chk# 078362 5/24/2004 BFI OF MINNESOTA, INC E 101-42260-404 Repairs/Maint-Bldgs/Grounds $56.18 1347632 SOLID WASTE FEE 5AJ4 ToUl BFI OF MINNESOTA. INC $56.18 E 101-45200-415 Other Equipment Rentals $61.61 W218089 BEDERWOOD/BIFFS CITY OF ORONO 05/21/04 1:42 PM Page 2 *Check Detail Registers) MAY 2004 Check Amt Invoice Comment E 101-45200-415 E 101-45200-415 E 101-45200-415 E 101-45200-415 E 101-45200-415 ^*her Equipment Rentals Other Equipment Rentals Other Equipment Rentals Other Equipment Rentals Other Equipment Rentals Total BIFFS INC. $57.98 $57.96 $28.97 $2897 $94.21 W218090 W218091 W218092 W218093 W218C94 SUMMIT BEACH HACKBERRY GOLF COURSE CRYSTAL BAY NAVARRE $329 68 Paid Chk# 078364 5/24/2004 BUDGET PRINTING E 601-49400-322 Postage E 101-42110-201 Office supplies E 101-42110-322 Postage Total BUDGET PRINTING $8.41 050404 $18.08 31222 $16.36 31256 WTR SAMPLES ID CARDS UPS CHARGES I $42.85 >a!d Chk# 076365 5/24/2004 CECE*S SIGNS E 101-41900-223 Bldg/Grounds Maint. Supplies Total CECE'S SIGNS $2663 1683 DECAL’S FOR TANK $2663 Paid Chk# 076366 5/24/2004 COMMISSIONER OF TRANSPORTATION E 234-45680-412 Building Rentals $1,200.00 213L2772541 Lurton - Lease 3/2004 E 234-45680-412 Building Rentals Total COMMISSIONER OF TRANSPORTATION $1,200.00 213L277254K Lurton - Lease 5/2004 $2.40000 Paid Chk# 078367 5/24/2004 COVERALL OF THE TWIN CITIES E 101-42110-407 Janitorial Services E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 101-41900-407 Janitonal Services E 101-42110-404 Repairs/Maint-Bidgs/Grounds Total COVERALL OF THE TWIN CITIES $1,13955 $1,162 45 $1,486.08 $1.16245 85831 65831 85831 85831 JANITORIAL & CARPET CLEAN 5/04 JANITORIAL & CARPET CLEAN 5/04 JANITORIAL & CARPET CLEAN 5/04 JANITORIAL & CARPET CLEAN 5/04 $4.950 53 Paid Chk# 078368 5/24/2004 E 101-41300-489 Other Miscellaneous Charges ToUl CREATIVE PROMOTIONS INT. LLC CREATIVE PROMOTIONS INT. LLC $20512 5008480 SHAPE UP PROMOTIONS $205 12 Paid Chk# 078369 5/24/2004 DAHLSTROM DEVELOPMENT LLC R 101-34420 Cond Use-Variance-Dev Fees $5,716 00 StWtrTmk Refund StWtr Trunk • Less Fees Total DAHLSTROM DEVELOPMENT LLC $5.71600 Paid Chk# 078370 5/24/2004 DAY DISTRIBUTING CO. E 613-49900-091 Beer For Resale ToUl DAY DISTRIBUTING CO. $61 00 264049 BEER RESALE/GOLF $61 00 Paid Chk# 078371 5/24/2004 OCA • WIRE ONLY G 101 -21719 OCA/Spending Accounts ToUl OCA-WIRE ONLY $593.95 5/12/04 FLEX SPD 5/12/04 $59395 Paid Chk# 078372 5/24/2004 DE BAERE, DON E 101-43000-226 Clothing & personal equipment Tout DEBAERE.DON $100.00 051904 SAFETY BOOTS $100 00 Paid Chk# 078373 5/24/2004 DELTA DENTAL G 101-15998 Non-Employee Health Ins O 101-21700 DenUI Insurance Total DELTA DENTAL $5670 $1,486.50 0037220072 COBRA/JB 0037220072 DENTAL SiOA $1,543.20 Paid Chk# 078374 5/24/2004 DEPUTY REGISTRAR E 231-45650-441 Ucenses & Taxes £231-45650441 Licenses A TajMS $13.50 $13.50 95CHEVBL2R FORFEIT/95 CHEV BLAZER 96 CHEV FORFEIT/96 CHEV r CITY OF ORONO Check Detail Register® 05/21/04 1:42 PM Page 3 MAY 2004 Check Amt $27.00 Pam Chk# 078375 5/24/2004 DEX MEOIQ EAST LLC E 613-49830-340 General Advertising Total DEX MEDIQ EAST LLC $306 30 20401217000 GOLF AD $306.30 Paid Chk# 078376 5/24/2004 DNR WATERS E 613-49830-441 Licenses & Taxes Total DNR WATERS $101 00 996038/GOLF ANNUAL WTR FEE $101.00 Paid Chk# 078377 5/24/2004 DRIVERS LICENSE GUIDE CO. E 101-42110-208 Books & Periodicals $277.80 436566 Total DRIVERS LICENSE GUIDE CO. 3 YR SUBSCRIP/ID CHECK GUIDE $277.80 Paid Chk# 078378 5/24/2004 EAST SIDE BEVERAGE E 613-49900-091 Beer For Resale Total EAST SIDE BEVERAGE $223 20 524379 BEER RESALE $22320 PaTd Chk# 078379 5/24/2004 ELECTRONIC RECOVERY INC E 101-43270-442 Spring.Fall.X-mas Cleanup $3,066 30 50457 Total ELECTRONIC RECOVERY INC COMPUTER DISPOSAL $3,066 30 "Kid Chk# 078380 5/24/2004 ELLIS. JOAN E E 101 -42400-319 Other Professional Services E 101-41300-319 Other Professional Services ToUl ELLIS. JOAN E $440.00 MAY1904 $140 00 MAY1904 RECORDER FEES RECORDER FEES $580 00 Paid Chk# 078381 5/24/2004 EXPRESS MESSENGER E 101-41900-322 Postage Total EXPRESS MESSENGER $104 42 8-332934 delivery-Hinshaw. Bonestfco $10442 Paid Chk# 078382 5/24/2004 G & K SERVICES E 601-49400-226 Clothing & personal equipment $11.66 1006103080 Uniforms E 602-49450-226 Clothing & personal equipment $34.98 1006103080 Uniforms E 101-43000-221Equipment Parts & Accessories $4521 1006103080 Uniforms E 101-43000-226Clothing & personal equipment $6998 1006103080 Uiuforms E 613-49830-226Clothing & personal equipment $5.75 1006103080 Uniforms E 101-43000-226Clothing & personal equipment $67 27 10061C9682 Uniforms E 613-49830-226Clothing & personal equipment $575 1006109682 Uniforms E 601-49400-226 Clothing & personal equipment $11.21 1006109682 Uniforms E 602-49450-226 Clothing & personal equipment $33.631006109682 Uniforms E 101-42110-404 Repairs/Maint-Bkjgs/Grounds $147.03 1006122638 MATS E 101-41900-404 Repairs/Maint-Bldgs/Grounds $54 90 1006122639 MATS E 101-41900-404 Repairs/Maint-Bldgs/Grounds $6207 1006122640 MATS i E 601-49400-226 Clothing & personal equipment $11.21 1006683360 Uniforms ! E 101-43000-226Clothing & personal equipment $67.47 1006883360 Uniforms i i E 602^9450-226Clothing & personal equipment $3343 1006883360 Uniforms E 613-49830-226Clothing & personal equipment $5.75 1006883360 Uniforms 1 E €01-49400-226 Clothing & personal equipment $11 80 1006689938 Uniforms i E 101-43000-226Clothing & personal equipment $70.79 1006889938 Uniforms E 613-49830-226Clothing & personal equipment $5.75 1006889938 Uniforms 1 E 602-49450-226 Clothing & personal equipment $35 40 1006889938 Uniforms 1 F 101-43000-221Equipment Parts & Accessories $4281 1006869938 Uniforms ! E 601-49400-226 Clothing & personal equipment $12 15 1006896460 Uniforms ! E 602-49450-226 Clothing & personal equipm.ent $36 45 1006896460 Uniforms 1 E 101-43000-226Clothing & personal equipment $7293 1006896460 Uniforms CITY OF ORONO '*^Check Detail Register® 05/21/04 1:42 PM Page 4 MAY 2004 Check Amt Invoice Comment E 613-49830-226 Clothing & personal equipment E 101-43000-221 Equipment Parts & Accessories ToUl G&K SERVICES S5 75 1006896460 $9425 1006896460 Uniforms Shop Towels $1,055.38 Paid Chk» 078383 5/24/2004 GENUINE PARTS CO. E 101-43000-222 Vehicle Equipment & Parts $33 68 781691 Oil Filters E 101-43000-222 Vehicle Equipment & Parts $19 34 783801 Oil Filters E tOI-43000-224 Street Maint. Matenals/Supply $38.24 784813 Shop Supplies E 101-43000-224 Street Maint. Materials/Supply $17 11 784865 Duct Tape E 101-43000-224 Street Maint. Matenals/Supply $62 77 784891 Air Filters E 101-43000-222 Vehicle Equipment & Parts $11 19 785394 Oil Filters E 101-43000-221 Equipment Parts & Accessones $24.86 785395 Air Filters E 101-42110-221 Equipment Parts & Accessones $7.75 785750 Golve. Duct Tape E 101-43000-221 Equipment Parts & Accessories $9 88 787276 Shop Supplies E 613-49830-221 Equipment Parts & Accessories $23.31 788035 Grease, hose E 101-43000-222 Vehicle Equipment & Parts $17.52 788730 Sp Plugs. Oiler, Adapter E 101-43000-222 Vehicle Equipment & Parts $1 96 788817 Oil Filters E 601-49400-227 Utility System Mamt. Supplies $7.44 7892224 Hitchpin ToUl GENUINE PARTS CO.$275.05 l>aid Chki 078384 5/24/2004 GOLF CAR MIDWEST E 613-49830-415Other Equipment RenUls $1.600 00 043004 MAY GOLF LEASE E 613-49830-403Repairs/Maint-Misc Equip $148 50 400697 GOLF CART PARTS Total GOLF CAR MIDWEST $1,748 50 Paid Chk# 078385 5/24/2004 GOLF COURSE SUPT ASSN OF AMER. E 613-49830-433Memberships & Subscriptions $300 00 Steffenhagon 2004 GCS/VA Mbrship Steffenhage Total GOLF COURSE SUPT ASSN OF AMER.$300 00 Paid Chk# 078386 5/24/2004 GOOD. STEPHANY E 101-42110-437 Training & Development $1,148 67 5/17/04 Conferences E 101-42110-201 Office supplies $111.67 5/17/04 Planners E 101-42110-439 Meeting Expenses $37.70 5/17/04 Task Force Meeting Tout GOOD. STEPHANY $1.296 04 Pa:d Chk# 078387 5/24/2004 GOVT FINANCE OFFICERS ASSN E 101-41500-433 Memberships & Subscnpticns $145 00 39995-04 Total GOVT FINANCE OFFICERS ASSN GFOA MEMBERSHiP/KUEHN $145 00 Paid Chic» 076388 5^24/2004 GRAINGER E 101 -43000-221 Equipment Parts & Accessories ToUl GRAINGER $118 76 930766-3 PARTS $118 76 Paid Chk# 078389 S/24/2004 HAMEL BUILDING CENTER E 101-45200-223 Bldg/Grounds Maint Supplies $288 58 12380 E 101-45200-223 Bldg/Grounds Mamt. Supplies Total HAMEL BUILDING CENTER $37 83 12645 PARKS LUMBER PARKS LUMBER $32641 Paid Chk# ^8390 5/24/2004 HAWKINS CHEMICAL E 601 -49400-216 Chemicals and Chem Products Total HAWKINS CHEMICAL $2.565 61 610769 CHLORINE.CORROSION INHIB $2.56561 Paid Chk# 078391 5/24/2004 HENNEPIN COUNTY - HEALTH E 613-49830-441 Licenses & Taxes $124 00 IN0010270 ToUl HENNEPIN COUNTY-HEALTH 2004 FOOD UCENSE $12400 l>aid cUJk 67^392 ' S/24/2004 HENNEPIN COUNTY INFOR TECH DPT CITY OF ORONO *Check Detail Register® 05/21/04 1 42 PM Page 5 MAY 2004 E 101-41900-329 Other Communications E 602-49450-321 Telephone Total HENNEPIN COUNTY INFOR TECH DPT $74 62 24047180 $52.59 24048063 DATA BASE ACCESS PW RADIOS $127.21 Paid Chk# 078393 5/24/2004 HUEBSCH RENTAL SERVICE E 613-49830-404 Repairs/Maint-Bldgs/Grounds $2676 9C5637 Total HUEBSCH RENTAL SERVICE Mat Service $2676 Paid Chk# 078394 5/24/2004 IFP TEST SERVICES, INC E 101-42110-319 Other Professional Services Total IFP TEST SERVICES. INC $350 00 041904 EXAM/A.WHITE $350.00 Paid Chk# 078395 5/24/2004 LAB SAFETY SUPPLY INC E 101-42110-221 Equipment Parts & Accessories Total LAB SAFETY SUPPLY INC ~ $127 97 1004709439 FIRST AID SUPPLIES $127.97 >aicTciKk# 0783§6 5/i4/2004 LABOR RELATIC)NS ASSOC E 101-42110-319 Other Professional Services $1.449 00 MAY012004 LELS ARBITRATION Total LABOR RELATIONS ASSOC $1,449 00 Paid Chk# 078397 5/24/2004 LAKE MTKA CONSERVATION DIST. E 101-41110-433 Memberships & Subscriptions $20,709.53 april292004 1st&2nd qtr levy pmt/LMCD Total LAKE MTKA CONSERVATION DIST. $20.709 53' Paid Chk# 078398 5/24/2004 LAKESHORE WEEKLY NEWS E 613-49830-240 Small Tools and Minor Equip $75 00 00104750 GOLF COUPON CLIPPER Total LAKESHORE WEEKLY NEWS $7500 Paid Chk# 078399 5/24/2004 LONG LAKE. CITY OF G 601-16500 Fixed Asset-Const in progress ToUl LONG LAKE. CITY OF $285 65 20040003 LL/orono wtr Inerconnect $285.65 Paid Chk# 078400 5/24/2004 LUBE TECH E 101-43000-212 Motor Fuels & Lubricants Total LUBE TECH $243.18 1067338 OIL. WASHER FLUID $243 18 Paid Chk# 078401 5/24/2004 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts & Accessoncs Total MACQUEEN EQUIPMENT $47.30 2043203 SPROCKETS 8. QHAIH $47 30 Paid Chk# 078402 5/24/2004 MASUNE COMPANY E 101-42110-221 Equipment Parts & Accessories Total MASUNE COMPANY $157.20 546050 FIRST AID SUPPLIES $157 20 Paid Chk# 078403 5/24/2004 MCFOA E 101-41300-433 Memberships A Subscnptions E 101-41300-433 Memberships & Subscriptions E 101-41500-433 Memberships & Subsaiptions ToUl MCFOA $35 00 $35 00 $35 00 7/2004-2005 MCFOA DUES/L.VEE MCFOA DUES/R DODGE MCFOA DUE/S PETTIT $105 00 I Paid Chk* 078404 5/24/20C4 MEDICA G 101 -21706 Hospitalization/Medical Ins G 101 -21706 Hospitallzation/Medical Ins G 101-21706 Hospitallzation/Medical Ins G 101-21706 Hospitalization/Medical Ins O 101-15998 Non-Employee Health Ins G 101 -21706 Hospitalization/Medical Ins $374 75 MEDICA HIGH 5/04 $1,175.12 104153102552 MEDICA HIGH 5/04 $11,47497 104153102552 MEDICA HIGH 5/04 $1,760.70 104153122585 MEDICA LOW 5/2004 $435 23 10415312548 COBRA-ELECT SA)4 $10.090 32 104153125488 MEDICA ELECT S/04 CITY OF ORONO Check Detail Register® 05/21/041:42 PM Page 6 MAY 2004 Check Amt Invoice Comment G 101-21706 Hospitalization/Medical Ins Total MEDICA $731.11 104153134225 MEDICA-ESSENTIAL $26,042.20 Paid Chk# 078405 5/24/2004 MEDRONIC PHYSIO CONTROL E 425-48945-580 Othe^ Equip:nent $2.436 43 PC420548 Total MEDRONIC PHYSIO CONTROL Heart Start Unit $2.43643 Paid Chk# 078406 5/24/2004 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $18.116 80 774114 E 601-49400-441 Licenses & Taxes $375.00 774528 Total MET COUNCIL ENVIRONMENTAL SVCS $18,491 80 WASTEWATER JUNE/04 DISCHARGE PERMIT 2004 Paid Chk# 078407 5/24/2004 MIDWEST COCA COLA BOTTLING CO E 613-49900-092 Soft Drinks For Resale $305 00 81375204 SODA RESALE Tout MIDWEST COCA COLA BOTTLING CO $305.00 Paid Chk# 078408 5/24/2004 MIDWEST FUELS G 101-14101 Gasoline Inventory E 101-43000-212 Motor Fuels & Lubncants Total MIDWEST FUELS $3.72601 15931 $1.58578 15931 2184 Gats Unleaded 2184 Gals Unleaded $5,311.79 Paid Chk# 078409 5/24/2004 MINNEAPOLIS OXYGEN COMPANY E 101-42110-221 Equipment Parts & Accessories $133.06 782724 E 101 -43000-221 Equipment Parts & Accessories E 101 -43000-221 Equipment Parts & Accessories Total MINNEAPOLIS OXYGEN COMPANY $33 68 RI03040855 $32.59 RI04040863 CYLINDER EXCHANGE ACETYLENE. OXYGEN CYLINDER $199 33 Paid Chk# 078410 5/24/2004 MINNESOTA CONWAY E 101-42110-403 Repairs/Maint-Misc Equip E 601 -49400-403 Repairs/Maint-Misc Equip E 101-41900-403 Repairs/Maint-MIsc Equip E 602-49450-403 Repairs/Maint-Misc. Equip E 613-49630-403 Repairs/Maint-Misc Equip Total MINNESOTA CONWAY $132 05 $264.10 $594.19 $264 10 $66.02 333104 333104 333104 333104 333104 $1,320.46 2004 Annual Exting Maint 2004 Annual Exting Maint 2004 Annual Exting Maint 2004 Annual Exting Maint 2004 Annual Exting Maint Paid Chk# 078411 5/24/2004 MN DEPT OF HEALTH E 601-49400-441 Licenses & Taxes E 601 -49400-44 1 Licenses & Taxes E 601 -49400-44 1 Licenses & Taxes E 601 -49400-441 Licenses & Taxes Total MN DEPT OF HEALTH $23.00 Gregory-04 $23.00 Palmer-04 $2300 Rathbun-04 $23 00 Skfeen-04 $92 00 operator license-Gregory operator license-Paimer operator license-Rathbun operator license-Skreen 1?aKj Chkini784i2 O 101-20806 0 601-20806 0 601-20806 R 601-39610 0 613-20806 R 101-34210 S/24/2004 MN DEPT OF REVENUE Due to Govts State Sales Tax Due to Govts-State Sales Tax Due to Govts-State Sales Tax Miscellaneous Revenue Due to Govts-State Sales Tax General Taxable Sales/Sarvice Total MN DEPT OF REVENUE $83 00 $37800 $291 00 $8 00 $960 00 $29 00 SALES TAX $1.749 00 Paid Chk# 078413 5/24/2004 M8ANI E 101-42110-437 Training & Development $50 00 51804 ca-am oonf Sshtr Total MSANI $50 00 l>aKl 078414 5/24/2004 MTIOISTCO. E 613-49830-223 Bldg/Grounds Maint. Supplies $4443 402719-01 PARTS F/MOWER I CITY OF ORONO Check Detail RegisteKD 05/21/04 1 42 PM Page 7 MAY 2004 Check Amt Invoice Comment E 613-49630-221 Equipment Parts & Accessories Total MTIOISTCO. S24 67 406210-00 BELTS-MOWER $69.10 Paid Chk# 078415 5/24/2004 NORTHERN DEWATERING INC E 601-49400-405 Repairs/Maint-Wateimains/ptant $268 43 16639 MISC PART F/oARKS Total NORTHERN DEWATERING INC S268 48 Paid Chk# 076416 5/24/2004 NSP • OUTDOOR UGHT1NG E 406-48740-530 Other Improvements $91,767 00 10421398 ToUl NSP • OUTDOOR LIGHTING St Lights-Stonebay/Kelley Pkw $91.787 00 Paid Chk# 078417 5/24/2004 OCCUPATIONAL MEDICINE CONS LTD E 101-42110-307 Legal-Consulting $884 00 132251 Total OCCUPATIONAL MEDICINE CONS LTD EMPLOYEE PHYSICAL $884.00 Paid Chk# 078418 5/24/2004 OFFICE DEPOT E 101-42110-201 Omce supplies E 101 -41900-201 Office supplies ToUl OFFICE DEPOT $202 26 245000063 $202.26 245000063 SUPPLIES SUPPLIES $404 52 Paid Chk# 078419 5/24/2004 OLD DUTCH FOODS INC. E 613-49900-093 Concessions For Resale-Txbt E 613-49900-093 Concessions For Resale-Txbt ToUl OLD DUTCH FOODS INC. $10.50 102410 $10.08 103807 CHIPS FOR RESALE CHIPS $20 58 Paid Chk# 078420 5/24/2004 OMAN. LYLE E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101 -42400-331 Travel Expenses E 101-42400-331 Travel Expenses E 101 -42400-331 Travel Expenses Total OMAN. LYLE $33 21 $32.12 $4234 $37 96 $1898 $14 25 $29 20 $2445 1/5/04 10/1/03 12/18/03 12/29/03 12/30/03 4/3/04 8/26/03 9/9/03 MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT $232.51 *PaidChk« 078421 5/24/2004 ORONO ROTARY E 101-42110-433 Memberships & Subscriptions Total ORONO ROTARY $126 50 124 $126.50 APRIU-JUNE DUES "Paid Chk# 078422 5/24/2004 OTTEN BROTHERS E 613-49830-221 Equipment Parts & Accessories $21 98 333859 FLOWERS/GOLF Total OTTEN BROTHERS $21.98 Paid Chk# 078423 6/24/2004 PERRY’S TRUCK REPAIR E 101-43000-222 Vehide Equipment & Parts $799 29127 PARTS Tout PERRY'S TRUCK REPAIR $7.99 Pax) Chk» 078424 S/i!4/2004 PIONEER E 613-49830-340 General Adveitismg $7500 24293 Golf Guide ToUl PIONEER $75 00 ^aid Chk» 07842S V24/2004 POST BOARD E 101-42110-441 Licenses & Taxea $90 00 WHITE LICENSE-WHITE ToUl POST BOARD $90 00 Paid Chk# 078426 5/24/2004 PRAIRIE OFFSET CITY OF ORONO *check Detail Register© 05/21/04 1:42 PM ®age0 MAY 2004 Check Amt Invoice Comment E 101-41900-201 Office supplies Total PRAIRIE OFFSET $122.77 120117 business card supply $122.77 Paid Chk» 078427 5/24/2004 PRECISION BUSINESS SYSTEMS E 101-41900-201 Ofnce supplies $240 31 77147 FAX/ORUM & TONER Total PRECISION BUSINESS SYSTEMS $24031 Paid Chk« 078428 5/24/2004 PRECISION TURF E 613-49830-223 Bidg/Orounds Maint Supplies ToUl PRECISION TURF $156 87 22*^36 FERTILIZER $15687 PaidChkS 078429 5/24/2004 G 101-15998 Non-Employee Health Ins G 101-21710 Life Insurance G 101-21710 Life Insurance ToUl PRUDENTIAL LIFE INSURANCE PRUDENTIAL LIFE INSURANCE $3 30 5/2004 $85 80 5/2004 $707 36 5/2004 $796 46 Life Insurance 5/2004 Life Insurance 5/2004 Life Insurance 5/2004 Paid Chk# 078430 5/24/2004 RATHBUN. BARRY E 101-43000-441 Licenses & Taxes ToUl RATHBUN. BARRY $19 00 051304 CLASS A LICENCE $19 00 PaidChk# 078431 5/24/2004 RED PEDERSON UTILITIES. INC E 602-49450-406 Repairs/Maint Swr lines/lifls $425 00 666 ToUl RED PEDERSON UTILITIES. INC $425 00 SWR LOCATE/740 NARM Paid Chk» 078432 5/24/2004 RICHARD JOHN MILLER E 101-42110-319 Other Professional Services ToUl RICHARD JOHN MILLER $2.946 00 APRIL282004 GRIEVANCEAELS/JM $2,946 00 Paid Chk» 078433 5/24/2004 RICKS SUPERVALUE E 613-49830-223 Bldg/Orounds Maint Supplies E 613-49900-093 Concessions For Resaie-Txbl E 613-49830-22 1 Equipment Parts & Accessories E 613-49900-093 Concessions For Resale-Txbl ToUl RICKS SUPERVALUE $9 42 4/23/04 $21.63 4/28/04 $13 76 4/9/04 $15 06 SG/04 OC Supplies Popcom/candy - Resale Clubhouse Supplies Popcorn for Resale $59.87 Paid Chki 078434 5/24/2004 ROOT-O-MATIC E 602-49450-406 Repairs/Maint-Swr lines/lifts Tout ROOT-O-MATIC $260 00 2896M MAINT/2505 DUNWOODY $260 00 Paid Chk# 078435 5/24/2004 SAFETY SIGNS E 602-49450-415 Other Equipment Rentals ToUl SAFETY SIGNS $181 58 040199 BARRICADES $181 58 Paid ChK» 076436 s/24/2004 SHAUOHNESSY, COUN E 101-45200-404 Repairs/Maint-Bldgs/Grounds ToUl SHAUOHNESSY. COUN $2 000 00 051304 APRIL LAWN MAINT $2.000 00 Paid Chki 078437 5/24/2004 SNYDER DRUG #5025 E 101-42110-201 Omce supplies Total SNYDER DRUG #5025 $4 25 775 PHOTO PROCESS $425 Paid Chk# 078438 5/24/2004 SNYDER DRUG #5039 E 101-42110-221 Equipment Parts A Accessories E 101-42110-201 Office supplies E 101-42110-221 Equipment PaiU A Aooeasoriet E 601-49400-227 Utility SyMem Maint SuppQas $416 040504 $3.82 040704 $14.65 041604 $11J0 042104 r } CITY OF ORONO 05/21/04 1:42 PM Page 9 Check Detail Register© MAY 2004 nWrifilto Check Amt Invoice Comment 1 Total SNYDER DRUG #5039 0784i§ SiifMi southwest lock s key $3433 E 601-49400-404 Repairs/Maint-Bldgt/Groundt Total SOUTHWEST LOCKS KEY $255 97 7659 NTOWER DOOR KNOBS $255.97 Pai^ bht#^7844b ' 5/24/2¥04 THORPE DISTCO. E 613-49900^91 Beer For Resale Total THORPE DIST CO. $69 75 334060 BEER RESALE $6975 Paid Chk# 078441 5/24/2004 UNITED STATES POSTAL SERVICE E 101-41900-322 Postage $2,0 0000 METER ToUl UNITED STATES POSTAL SERVICE $2,000 00 POSTAGE F/METER Paid Chk# 078442 S/24/2004 VEE. LIN E 101-41300-331 Travel Expenses E 101-41300-437 Training & Development ToUl VEE, UN $21 75 051704 $106 50 051704 MILEAGE MILEAGE $12825 Paid Chk# 070443 5/24/2004 WALLMART E 101-42110-221 Equipment Parts S Accessories Total WALLMART $6620 35 MM FILM $6620 Pai36hW»~ 078444 5/24/2004 WHITE. TONY E 101-42110-226 Clothing & pv'sonal equipment $45 90 5/19/04 DUTY BAG/CLIPBOARO ToUl WHITE. TONY $4590 4 7aid Chk# 078445 5724/2004 XCEL ENERGY E 101-42110-381 Gas & Electric E 602-49450-381 Gas & Electric E 601 -49400-381 Gas & Electnc E 101-43000-386 Street LighUng E 101-41900-381 Gas & Electnc E 101-42110-381 Gas & Electric E 101-45200-381 Gas & Electnc E 613-49030-381 Gas & Electric E 101 -43000-381 Gas 8 Electnc ToUl XCEL ENERGY $9 42 $1,326.73 $2,989 76 $1.255 64 $1,111.95 $494.26 $22 79 $23027 $295 68 052404 052404 052404 052404 052404 052404 052404 052404 052404 ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE $7,736 50 10100 Primary Cash $224.826 63 Fund Summary 101 GENERAL FUND 225 PARK FUND 231 DRUG/FELONY FORFEITURE FUND 234 LURTON PARK 406 PERMANENT IMPROVEMENT REVOLVE 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 10100 Primary Cash $93,764.64 $25227 $27 00 $2.400 00 $91,707.00 $2,436.43 $8,241.15 $20,800.69 $5,117.42 $224,826.60 1^^ F • COUKi^ii •*cpT||yjp MAY 2 4 2004 . CITYOFOHCWO . ^ •INFORMATION ITEMS iTyr r ■ COUNCIL MEETING iF/IppjllyJQ MAY 2 4 2004 OF CITY OF ORONO % % ^yti MAY 2 4 2004 18338 Minnetonka Blvd. Deephaven, MN 55391 (952) 745-0789 CITY OF OHUivO EXECUTIVE DIRECTOR NEWSLEHER Gregory S. Nybeck May 12.2004 Lake Minnetonka Water Patrol Update: For the fourth consecutive tx)ating season, there will be increased Water Patrol presence on Lake Minnetonka in 2004 by adding two full-time Hennepin County Sheriffs Office Water Patrol deputies from mid May through mid October. This project has been highly successful in its first three seasons and expectations are that it will be successful in 2004. Similar to 2003, this program will be funded 100% by Hennepin County in 2004. However, continued 100% funding of this program beyond 2004 is questionable due to the economic challenges that Hennepin County is facing. Lakf Minnetonka Solar Light Buoy Project: For the third consecutive boating season, a solar light buoy project is planned for 2004. These solar lights were mounted on the top of red and green navigational buoys throughout Lake Minnetonka in 2002 and 2003 These solar lights have been purchased with “Save the Lake" fum. 3 and there has been a significant amount of positive feedback received from the public. Further expansion of this project is likely in 2004 and steps are being considered to make this solar light project more effective Lake Mtnintonlm Invtivt Species Management Proqramt: The 2004 Eurasian Watermilfoil (EWM) Harvest ng Program is scheduled to commence on or around June 9th and continue until around August 20th Consistent with past years, harvesting priorities will be based upon impediment to public boat navigation to open water. The Lower Lake South option will be implemented in bays that dictate the need for harvesting done at least once, with high growth areas being harvested twice, time permitting. Please feel free to contact the LMCD office if you have questions or comments relating to this program. The LMCD is concerned about the introduction of other invasive species into Lake Minnetonka, with an emphasis on zebra mussels. In 2002 and 2003, the LMCD worked with the Lake Minnetonxa Association on a pilot program to inspect boats prior to launching at selected public accesses utilizing MN DNR watercraft inspectors In 2004, this program is being stepped up even further with inspections to be conducted at high volume public accesses dunng peak boating periods. The LMCD is investigating the concept of a more comprehensive beyond 2004 and we will keep you informed on this. Please feel free to contact the LMCD office if you have questions or comments relating to this program 2004 Like Minnetonka Boat Dentitv and User Attitude Survey: The Management Plan requires that Boat Density and User Attitude Surveys be conducted every four years The last year that this Management Plan project was conducted was in 2000 and it will be conducted this upcoming summer The Board awarded the contract to conduct this project in 2004 to ThomTech Design. Inc for an amount not to exceed $47,500. Both the LMCD and the MN DNR will pay 50% of the costs associated with this project A Report that summarizes the key details of this project will be available sometime late fall or early winter 2004 Lake Minnetonka Shoreline Inventory: The LMCD is preparing to conduct an inventory for watercraft storage on Lake Minnetonka in 2004 beginning in June This Management Plan project, which is to be completed every two years, was last conducted during the 2002 boating season. A Report that summarizes the key details of this project will be available sometime this fall.