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10-11-2004 Council Packet
CniiMrii •■-ctinG OCT 1 1 2004 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, 7:00 P.M, ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Asterisk items are considered to be routine items tc be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALI CONSENT AGENDA 1. Approve/Amend PUBLIC HEARING - 7:00 P.M. 2. Extension of Moratorium on Medium/High Density Residential Development APPROVAL OF MINUTES • 3. Regular Council Meeting of September 27, 2004 PARK COMMISSION COMMENTS - Michael lluddy. Representative PLANNING COMMISSION COMMENTS - Dave Rahn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR ’S REPORT 4. i/04-3048 Steven and Kathleen Persian, 1005 Hunt Fann Road - Variances MAYOR/COUNCIL REPORT PUBLIC SERVICE DIREC l OR'S REPORT 5. Accept Quotation for Garden Lane Sewer Project 6. Baseball Field Trail Change Order Number 1 7. Accept Quotation for 3422 IatIc Avenue House Demolition 8. Stonebay Development Park Dedication Fee Credit CITY ADMINISTRATOR'S REPORT 9. Appoint Park Commission Members 10. Appoint Planning Commission Member 11. F.stablish Absentee Ballot Board Resolution 12. Temporary, Part-Time Clerical Employee to Assist with Election Duties 13. Promotion of Jim Coniick to Sergeant 14. Temporary Out of Class Sergeant Position 15. Fill Vacant Part-Time Community Service Officer Position 16. Ixttcr of Intent to Purchase Replacement Squad Cars 17. Sale of Surplus Vehicles 18. Request Authorization to Implement Safe and Sober Program CITY ATTORNFA 'S REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 11,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA * 19. LICENSES * 20. BILLS UPCOMING ISSUES AND EVENTS 2004 10/11 - Council Meeting, 7:00 p.m. 10/15 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/16 - Leaf and Grass Disposal, Saiurday, 9:00 a.m. - 3:00 p.m. 10/18 - Planning Commission Meeting, 6:00 p.m. (Council Liaison - Mayor Peterson} 10/22 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/23 - Leaf and Grass Disposal, Saiurday, 9:00 a.m. - 3:00 p.m. 10/25 - Council Meeting, 7:00 p.m. 10/29 - Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/30 - l.eaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/30 - Absentee Voting at City Hall. Saturday, 10:00 a.m. • 3:00 p.m. 10/31 - Daylight Saving Time ends 11/01 - Absentee Voting at City Hall until 5:00 p.m. 11/01 - Park Commission Meeting, 7:15 p.m. (Council Liaison - Mayor Peterson) 11/02 - GENERAL ELECTION, 7:00 a.m. - 8:00 p.m. 11/03 - Planning Commission Work Session, Wednesday, 5:30 p.m. 11/04 - Couneil Work Session. Thursday, 5:30 p.m. 11/05 ~ Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 11/06 -- Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 11/08 - Council Meeting, 7:00 p.m. 11/11 - HOLIDAY, Observance of Veterans Day. Thursday 11/15 - Planning Commission Meeting, 6:00 p.m. (Council Liaison -Lili McMdlan)) 1 1/22 - Council Meeting, 7:00 p.m. 1 1/25 - HOLIDAY, Obscr\ ance of Thanksgiving Day 11/26 - HOLIDAY, Obser\ancc of Thanksgiving Day Public A ttendance Meeting Date 10“ / ! ~0^ C ouncil □ Planning Commission □ Park C ommission □ Other Please filloutthe information requested BELOW FOR our CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER *^ (uj \ \'^'iy\Qrj 'Zi 2. ^^^7^ cv_________,({i;______________________ 3. , ^.\kl 4. 5. 6. 7. 8. 9.. 10.. 11. 12. 13. 14. 15. W:\4<iiniWfati»t SnppiriyPnfnitpPnMk Afitiijianifcwpi \ • ifrcTijyiQ ocr 1 1 2004 CITY OF OHOi^O REQUEST FOR COUNCIL ACTION DATE: September 24, 2004 ITEM NO.: 'Z- Department Approval: Name Michael P. Gaffron Title Planning Director Administrator Reviewed:Agenda Section: Zoning Item Description: Extension of Moratorium on Mediuni/High Density Residential Development List of Exhibits A - Affidavit of Publication B - Proposed Extension Ordinance for Adoption C - Current Moratorium Ordinance & Amendment (Ords. 7 & 8,3^** Series) On April 12, 2004 Council adopted a moratorium on subdivision, rezoning, or PUD approvals for propertv which is cuircntly guided in the Orono 2000-2020 Community Management Plan to allow resideniial densities in excess of two dwelling units per acre, with the exception of the property within the plat of StoncBay. The moratorium is scheduled to expire on October 1 2,2004. While the study to consider whether changes to the comprehensive plan or zoning ordinances arc warranted has commenced, the study has not been completed and w ill not be completed, nor any changes adopted, prior to October 12, 2004. Minnesota Statutes regarding moratoria w'ere significantly amended by the Legislature in its 2004 session. The amendments place much tighter restrictions on extensions to moratoria. Effective .August 1, 2004, while an initial moratorium does not require a public hearing, extensions to moratoria do require a public hearing. Also, moratoria are generally limited to one year in cases where a comprehensive plan is in effect. COUNCIL ACTION REQUESTED Motion to adopt the attached ordinance extending the residential mediumTiigh densit>' development moratorium for an additional six months to April 12,2005. w» Affidavit of Publication state of Minnesota, County of Carver. 4 Keith P. Andtrson, being duly sworn,on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO- -A NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)Tho newspaper has complied with all the require ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as amended. B.)The printed pobli C^ h-4?^-<.y r VTTc'/ f r < ^ legal notice CITY OF ORONO 2750 K«n«v Partway. P.O. Box 66 Cryafoi Bay. MN i6323 Phona (952) 249-4600 Fax (952) 249- 4616 ras'Cential densities in ««cess of two which is attached was cut from the columns of said newspaper, and was printed and published once each week for _____) successive weeks: NOTtCe Of PUBLIC HeAfllNQ t<aif»v Parkway on Monday. Oclobtf 11. te property wimtn tne plat ot Stoneo^ The Council pneating bagmt *t D.m. All persons wtsh r»g to oa haard wiB ‘Sd* aTw ^ mrium .xl.nsion ordinanc. n Mllrtie m me City afiice. tor tev.e«.. It was first published Saturday. Or-A< nthe > day of urn on subdivisron, rezoninQ. or PUO epprovti. lor property which ** ?^*"^ Qulded in tha Orono 2000-2020 Conrnurvty M«t.0.m.nl Piw> to e«ow C ty ol Orono By; City Councrt Michael P. Gallron, Planmno Director (Pubiished in me Latter and me Pioneer, newapapera October 2. 200a. and was thereafter printed and published every Saturday, to and including Saturday, the ___^day of } marietta ; > k HOTAi^. . . • >• ^n.^-. r ; • •• eiv . • Subscribed and sworn to me on this ■Q- day of Cj C 20 : Ct.Mt-ta. Notary Public Rate Information (1) Lowest clasaided rate paid by commercial users (or com parable apace: $15 JO par inch. (2) Maximum rata allowed by law for above matter: $15.50. (3) (tats actually charged for above matter: $7.80 par Inch. Saoh additional suecessiva weak: $6.40. i ORDINANCE NO., 3RD SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEFINED IN ORDINANCE NO. 7, THIRD SERIES AS AMENDED BY ORDINANCE NO. 8, THIRD SERIES. THE CITY OF ORONO ORDAINS: SECTION 1. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or development in all or a part of the City while the City is considering adoption or amendments of the comprehensive plan or official zoning controls. The City declares that this ordinance is established pursuant to the aforementioned statute and City ordinance. SECTION 2. Findings and Purpose. The City of Orono is conducting a study of the impact of residential development at densities of more than two units per acre under current ordinances, to determine whether the current ordinances fulfill the underlying purposes of the City ’s land use and zoning provisions. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City ’s zoning and development goals. As a result of the important land use and zoning issues cited above, the City adopted an ordinance placing an interim moratorium on the granting of preliminary subdivision approval, rezoning, or PUD approval for all real property within the City of Orono which is currently guided in the Orono 2000-2020 Community Management Plan to allow residential densities in excess of two dwelling units per acre, with the exception of the property within the plat of StoneBay. This moratorium is scheduled to expire on October 12, 2004. SECTION 3. Extension of Moratorium. Because the City has not completed its study and consideration of possible amendments to the comprehensive plan or official zoning controls to address the issues related to residential development at densities of more than two units per acre, the moratorium relating to residential development at densities of more than two units per acre as defined in Ordinance No. 7, Third Series (as amended by Ordinance No. 8, Third Series) is hereby extended by six months to April 12, 2005. 121C92l42v1 7S6T48 SSiii.--. SECTION 4. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this ll*** day of October, 2004, by a vote of____ayes and____nays. ATTEST: Linda S. Vce, City Cierk Barbara A. Peterson, Mayor 1210Q2142V1 7M744 ■ I ; « ORDINANCE NO. 7,3RD SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS; The Municipal Code of the City of Orono is amended by adding Ordinance No. 7, 3rd Series. SECTION 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for subdivision, rezoning, zoning (CUP/Variance). or PUD approvals for property within the Moratorium Area as defined in Section 2. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City's zoning and development goals. The Couneil, therefore, finds that it is necessary to study the impact of development under current ordinances to dctcnninc whether they fulfill the underlying purposes of the City's land use and zoning provisions. 1 he Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City code need to be revised, such revision is a process that camiot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council est.'iblish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning pemtitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications, zoning (CUP/Variance) applications, rezoning applications, or PUD for property within; the Moratorium Area would be contrary to the purpose of the zoning enabling act, Miruiesota Statutes Section 462.351, et scq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. SECTION 2. Moratorium Area. As used in the Ordinance, Moratorium Area shall be defined as all real property within the City of Orono which has allow ed densities of two residential dwelling units per acre or greater, w'ith the exception of the property within the plat of StoneBay. 12iC9ZU2v1 7W74« SECTION 3. Study. The City Council requires its staff to initiate a study regarding the impact of development within the Moratorium Area under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions, and regarding the implications of the potential need for amendments to the City code to implement the results of that study. SECTION 4. Restrictions on the Granting of Preliminary Subdivision Approval. Zoning fCUP/Variance ’i Approval. Rezonine. or PUD approvals No preliminary subdivision approval, Zoning (CUPA^ariance) approval, Rezomng, or PUD approval, shall be given by the Council for any property within the Moratorium Area. SECTION 5. Duration. This Ordinance shall expire within six months of the passage of this Ordinance by the City Council, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not to exceed the statutory limits in Minn. Stal. 462.355, subdivision 4. SECTION 6. Variances . The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 7. Separability. Every section, provision, or part of this Ordinance is declared separable from every other section, provision or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 12'” day of April, 2004, by a vote of 4 ayes and 0 nays. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mavor 1210U142«1716748 ORDINANCE NO. 8, 3RD SERIES AN ORDINANCE TO AMEND ORDINANCE NO. 7, 3RD SERIES, INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by amending Ordinance No. 7, 3rd Series, as follows; SECTION I. The title of Ordinance No. 7, 3'*^ Series, is amended as follows: "ORDINANCE NO. 7, 3RD SERIES, INTERLM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SL^DWISION 4. TO ESTABLISH A MORATORIUM PROHIBITING THE GR.ANT1NG OF PRELIMINARY SUBDIVISION APPROVAL, ZONTNG-(CUPA-ARlANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEFINED HEREIN.” SECTION 2. Section 1 of Ordinance No. 7, 3'*^ Scries, is amended as follows: "Section 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for subdivision, rezoning, /oning or PUD approvals for property within the Moratorium Area as defined in Section 2. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City’s zoning and development goals. The Council, therefore, finds that it is necessary to study the impact of development under current ordinances to dctcnninc whethet they fulfill th.e underhing puiposes of the City’s land use and zoning provisions. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City code m'd to be revised, such revision is a process that cannot be accomplished until a study has been completed ?nd a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bnng about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning pennitted land use and 12ie62142vl 76e74S zoning performance standards, the granting of preliminary approval of subdivision applications, zoning-(CUPA^ariano e)-applications, rezoning applications, or PUD for property within; the Moratorium Area would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to aJfeiit individual development to occur during this study.” SECTION 3. Section 2 of Ordinance No. 7, S'** Series, is amended as follows; “Section 2. Moratorium Area. As used in the Ordinance, Moratorium Area shall be defined as all real property within tlie City of Orono which has allow ed da noiti eftof two resid ential dw elling units p er acre or greater is currently guided in the Orono 2000-2020 Community Management Plan to allow residential densities in excess of tuo dwelling units per acre, with the exception of the property within the plat of StoneBay.” SECTION 4. Section 4 of Ordinance No. 7,3'** Series, is amended as follows: “Restrictions on the Granting of Preliminary Subdivision Approval. Zoning (CUPA^ariane eV Aepreval. Rezoning, or PUD approvals No preliminary subdivision approval, Zoning {CUPfVmmv») approv al. Rezoning, or PUD approval, shall be given by the Council for any property within the Moratorium Area.” SECTION 5. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Ac.opted by the City Council of the City of Orono on this lO"’ day of May, 2004. by a vote of ____ayes and ____nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Ma>'or 1210921«v1 786748 i CD MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o’clock p.m. COi*";c-TiMG ocr 1 \ 2004 CITY Oh OHONU ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Jim White, Council members Jim Murphy, Lili McMillan, and Bob Sansevere; City Attorney Thomas Barren; Representing staff were. City Administrator Ron Moorse, Planning Director Mike Gaffron. Planners Melanie Curtis and Janice Gundlach, Public Service Director Greg Gappa. Engineer Tom Kellogg and Recorder Kristi Anderson. Mayor Barbara Peterson was absent. Acting Mayor White called the meeting to order at 7:02 P.M CONSENT AGENDA 1. Approvc/Amend Items 8,9, 10, 11, 12, and 15 were added to the Consent Agenda. While Item was removed from the Consent Agenda. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. Acting Mayor VV'hite moved and renamed Item #13 to Item #2A. PRESENTATION 2. Fire Rescue Vehicle Purchase - Navarre Assistant Long Lake Fire Chief Tony Roc and firefighter DJ Goman gave an oversicw of features for the proposed Fire Rescue Vehicle purchase. Primarily for medical and light rescue, the pioposcd rescue vehicle would provide quicker response and fire support in Navarre. Sansevere questioned the impact eliminating the light tower and bottle fill station from the truck might have on the fire fighters ability to perform their tasks. Although he recognized the department could get by without these items, he asked vv hethcr they were necessary tools which w ould make the fire fighters job easier. While It would depend on the call, Goman stated that Mutual aid is ofien called upon for their bottle fill station. He noted that, given the choice, he would prefer a light tower. Goman stated that the existing ‘jaws of life’, used for extrication, will be recycled and installed on the new rescue vehicle, in an attempt to lower costs. Based on the lengthy research priKess, Murphy stated that he would support the purchase of the rescue vehicle as proposed and complimented the fire fighters for their cooperation in making this happen for Navarre, lie recognized the Long Lake Fire Department and Long Lake City Council members Tony Cleveland and Randy Gilbert, present this evening, for their support of this 20 year cooperative project. PAGE 1 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o ’clock p.m. (2. Fire Rescue Vehicle Purchc*, - Navarre, Continued) Sansevere moved, Murphy seconded, to accept the bid for the rescue vehicle, with the addition of the light tower, in the amount of $139,781, reflecting the $3,250 discount for the 90% prepayment; to be funded $30,781 from the Navarre Fire Station Construction Fund, and $109,000 from the Fire Equipment Replacement Account of the Improvement and Equipment Outlay Fund, and to amend the Improvement and Equipment Outlay Fund budget to reflect the expenditure. Since safety is a high priority among the Orono City Council, Sansevere questioned whether staff could accept the additional expenditure for the light tower. While he was unsure whether the funds for the expenditure were available, Moorsc stated that he felt the City could cover the additional S4,0Q0 expenditure. VOTE; Ayes 4, Nays 0. The Long Lake Fire Chief commented that hopefully the Second Call donation Fund might be able to fund some of the additional items. 2A. Highway 12 Turnback Consultant Scope of Work and Contract Moorse reported that the joint Long Lake/Orono Highway 12 Turnback Committee has been meeting to identify the key issues related to the turnback of current Highway 12 from the State to the County when the Highway 12 project is complete. This turnback provides a unique opportunity to rethink the function and design of this roadway to match the types of land use envisioned along Highway 12. Moorse indicated that the next steps will be to translate the vision, obtained from open meetings, into a roadway design, and an aesthetic (landscape/streetscape) design, and to w ork to obtain County approval of the design. Moorse explained that the committee had interviewed three enginecnng consultants to provide the necessary expertise, and settled on WSB. along with Hoisington Kocgler, to provide engineering and technical assistance. While the total cost for the consultant w'ork is $79,430, Moorsc stated that Orono and Long Lake will share the costs of the consultant equally. Murphy complimented both Long Lake and Orono members of the committee w'ho have spent long hours looking at this process and determined that it is clear they need help w ith the next phases of the project. Tony Cleveland, Long Lake City Council member, stated that the committee members were not experts on designing and developing the roadway and recognized the need to find an engineering firm to assist them. Randy Gilbert, Long Lake City Council member, commended the process, noting that the committee has been ahead of the curve to date and must stav the cour.se. PAGE 2 of J 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o’clock p.m. (2A. Highway 12 Turnback Consultant Scope of Work and Contract, Continued) McMillan pointed out that it was the intent of the committee to plan 20 years out and beyond to envision what the bypass and community roadway would look like. Acting Mayor White encouraged the Commi;tcc members to continue their ongoing dialogue and public awareness campaign to retain public buy-in as they proceed. Sansevere asked what the timetable for completion of the turnback might be and questioned whether a moratoriun’ cf uevelopment along the corridor might be in order. Moorse stated that the consultant process should last 6 months. Murphy noted that every aspect of the turnback has timetable issues attached to it and maintained that the consultant contract should bring them to the spring. He suggested further discussion of the timetables be saved for a later work session. Sansevere moved, Murphy seconded, to approve the hiring of WSB and Hoisington Koegler to provide consultant services related to the turnback of Highway 12, as set out in the attached Scope of Work, at a cost of $79,430, these costs to be shared equally by Orono and Long Lake, and to be paid one-half in 2004 and one-half in 2005; and to authorize the Mayor and City Administrator to sign the contract with WSB and Hoisington Koegler, subject to review by the City Attorney; and to approve a budget adjustment to reflect the $20,000 expenditure In the General Fund in 2004. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of September 13,2004 Murphy moved, McMillan seconded, to approve the Minutes of September 13,2004, as submitted. VOTE: A; v-s 4, Nays 0. PARK COMMISSION COMMENTS - Irene Silber As no Park Commissioners were present, there was no Park Commission report. PLANNING COMMISSION COMMENTS - Ralph Kempf Kempf stated that he had nothing to report, but would remain for questions. PUBLIC COMMENTS Bill Dunlap, representing a group of residents from the East end of Orono, voiced their concerns regarding the Wayzata Gun Club which hosts shooting events Saturdays and Sundays. Since the Wayzata Country Club Headquarters is located in Orono and the Wayzata Gun Club is in Wayzata. he aaked whose responsibility it was to enforce noise and environmental concerns regarding .he gun club. Dunlap stated that the continual noise dunng the weekends is a nuisance and wished to PAGE 3 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o’clock p.m. (PUBLIC COMMENTS , Continued) have them reduce their hours of operation, but could not find any paperwork which supported their business and gun club. Moorse stated that he was unsure whose jurisdiction the gun club of Wayzata would fall and indicated that he had asked the Orono Police department to investigate this. Attorney Barrett stated that, unless the City has licensing authority over the Country Club, the jurisdiction would likely fall within Wayzata. Dunlap stated that, although no paperwork seems to exist, Wayzata told him that the club was grandfathered in. He believed that Orono residents should have some rights regarding the gun club in its midst. Murphy encouraged staff to determine whose jurisdiction the club falls under and whether the activity is appropriate, though it has been there for a long time. He suggested Dunlap be contacted once the jurisdiction has been determined. ZONING ADMINISTRATOR'S REPORT 4. #02-2830 CITY OF ORONO, BUILDING HEIGHTS CODE AMENDMENTS - ORDINANCE NO. 18,3"* SERIES Murphy asked why the Building Height Code Amendment is significant at this time. Gaffron stated that the amendment to the code will reflect the current policies which have been in place since 2001. The language will clarify the policy that height shall meet the 2 Vt story limitation AND the 30’ limitation, as well as, define a half story and the measurement at which the highest point IS clarified when dormers and windows exist within the roof system. He emphasized the importance of clarifying for the public how building height is determined, since these current policies are already being enforced. Sansevere questioned whether these changes will clarify for builders, architects, and the public what the City’s intent is. Gaffron stated that these changes should help to close the current loopholes being used by those individuals. Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 18,3"* Series, an Ordinance amending Section 78-1 and Sections 78-78-230 (A), 2S5 (A), 305 (.A), 330 (A), 350 (A), 370 (A), 395 (A). 420 (A), 44 (A), 502,572,646 (T), 672 (.A), 707 (N), 736 (I), 766 (I), 797 (D), and 825 (D) regarding building heights. VOTE: Ayes 4, Nays 0. PAGE4ofl3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o’clock p.m. 5. #04-3049 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - CUP - RESOLUTION NO. 5230 Sanscvere moved, Murphy seconded, to adopt RESOLUTION NO. 5230, a Resolution approving placement of a temporary office module near the tennis barn during major remodeling of the Club’s main buildings which are in Wayzata for approximately 9 months. VOTE: Ayes 3, Nays 0, McMillan Abstaining. *6. #04-3050 MIKE MCCLELLAND, 2170 MINNETONKA AVENUE - VARIANCE - RESOLUTION NO. 5231 Murphy moved, Sanscvere seconded, to adopt RESOLUTION NO. 5231, a Resolution granting lot area and lot width variances in order to construct a new single family residence on the property located at 2170 Minnetonka Avenue in the RR-IB, 2-acrc zoning district. VOTE; Ayes 4, Nays 0. *7. #04-3051 KEVIN AND JULIE FITZPATRICK, 356 WESTLAKE STREET - VARIANCES -RESOLUTION NO. 5232 Gundlach explained that the applicants had requested lot area, lot width, and north and south side yard setback variances in order to construct a new residence on an existing lot. She stated that it would be staff ,s recommendation to approve the variances as a house has existed on the 50’ wide lot since 1957, the applicants are not able to acquire any other land, the lot was legally formed at the time it was platted, and if the 30’ side yard setbacks were enforced the lot would have no buildable area. She pointed out that the Planning Commission supported approval of the plans on a 5-1 vote. A memo presenting the reinforcement of staff s comments was distributed which further clarified staffs support for the lot area/lot width and side setback variance request. In summary the memo stated that the City has neither formally or informally established a policy of denying lot area and width variances in order to force owners of substandard developed lots in single separate ownership to wait to redevelop until they can accumulate additional land. In fact, the Gundlach memo noted that the City has generally granted variances to rebuild on substandard lakeshore lots where hardcover and lot coverage standards could be met. Setback variances have oAen been granted where proposed setbacks are consistent with those in the existing neighborhood. The memo by Gundlach continued, noting that because a number of substandard lots exist in each of Orono’s 'A acre. 1-acre, and 2-acre zoning districts (for example, only 1/3 of the existing LR-IB and LR-IC lots were conforming to the respective minimum area requirements m 1983), vanances to lot area and lot width have been granted on a regular basis. .\ny new policy that would delay redevelopment until additional land becomes available, would be a significant departure from past City practices. PAGE5ofl3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o’clock p.m. (*7. *04-3051 KEVIN AND JUUE FITZPATRICK, 356 WESTLAKE STREET, Continued) While Gundlach pointed out that two neighbors, the Shields and the Ericksons, had submitted Icners as to why they would object to the application, staff felt this applicant ’s request was withm his rights. In addition. Gundlach was pleased to note that the applicant was addressing the engineering issues prior to construction. Sansevere questioned why Planning Commissioner Jurgens did not find a hardship to support the application. Commissioner Kempf stated that he believed Jurgens felt that lot si^e was not sufficient hardship. Sansevere questioned whether the applicant ’s request v.as consistent with what had been granted in the past. Gaffron confirmed that most SO’ lots requesting variances in the 1-acre or 2-acre zone have been approved over the years, stating that it would not be unusual for the City to grant this request as it would be similar to those granted on Eastlake Street. Murphy asked why the neighborhood was zoned 2-acre minimum. Gaffron summarized the fact that, while the area was platted into SO’ lots in 1912, the Orono zoning districts were not put in effect until the 19S0’s, with the entire City undergoing rezoning in 197S. He maintained that no standards for setbacks existed when these homes were first built; therefore, smaller lots do exist within the 2-acrc zones that don’t fit the new zoning limitations. Murphy questioned how the Council could enforce the 2-acre standard on a lot this size. He believed a small house should be built on this small lot, that the house was too tall, and that there was inadequate hardship to support the request. Mr. Fitzpatrick pointed out that the home met the new height requirements passed just this evening by the City Council. He shared the side elevations for Council review to support this position. Gaffron maintained that homesites similar to this scenario exist in several locations throughout Orono, including Eastlake Street, Baldur Park Road, and Highwood. White added that Casco Point also has similar building situations; however, none have out buildings. Sansevere indicated that he believed it rare that the Council has used the size of the lot as a hardship. Attorney Barrett stated that, while the lot is too small for its zoning, past practices have not dented people the ability to build on a lot this size, especially w hen there is a house that currently exists on the property. PAGE 6 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o’clock p.m. (*7. n04-3051 KEVIN AND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) Gaffron reiterated that over the past 29 years the City has granted similar variances many many times for new construction on lots this size, such as on Casco Point. He cautioned the Council that denying this application would be a fairly significant change of policy than what they have used over the past 30 years and urged them to carefully consider the ramifications of approving or not approving this application. Kempf pointed out that the costs associated with the requirement that an applicant hold onto a piece of property until they can obtain additional land is unrealistic. Nor is it realistic to assume that anyone would build a new home on the site the same size as the current home in today’s economy. McMillan noted that the structural coverage restriction and hardcover limitations arc literally taken out of play in this application due to the horizontal nature of the lot. Mr. Fitzpatrick thanked City Staff representatives Tom Kellogg and Planner Gundlach for their efforts in his application process. He stated that through extensive research and redesign efforts with the City they have determined that precedence does exist within the City to support the variance requests he has made for his 50’ lot. He explained that they have worked very hard to comply with all of the codes possible within the Community Management Plan but still need lot area, lot width, and side yard setback variances. Fitzpatrick pointed out that there are three 50’ lots within this area on Westlake Street, none of which comply w’lth the 2*acrc zoning distnet. Fitzpatrick indicated that prior to closing on the property; two neighbors did approach him to dissuade him from purchasing the property and informed him of their plans to develop their parcels. While he was aware that one of them had made an offer on the property, he chose to proceed with the purchase and thanked the neighbors for their candor on the matter. Fitzpatrick stated that he was aware of the neighbors’ conditions and concerns, and wished to help contain the scope of the discussion this evening, as he recognized the Council would have many positions to examine and consider. Michael Cronin, 8809 West Bush Lake Road, representative of the Shields and Fricksons, distributed a list of 8 additional variance conditions they wished to see put upon the applicant in order for the neighbors to support the application. He indicated that they were of the position that the home was too tall, too massive, and did not adhere to the zoning code. While he recognized that precedent did exist to support the applicant, Cronen stated that the neighbors would support the variance only if the Council put the 8 stipulations upon the application that they’ve suggested. According to the neighbors’ documents, the 8 conditions they would require included a 12’ setback to the south; elimination of the acccssoiy- structures; review of the exterior materials proposed for the south side of the structure; no south facing windows more than 20’ above grade on the home and 10’ on the garage; replacement of overhead utilities and pow er poles w ith underground utility service, removal of all buckthorn pnor to construction; a deeded 10’ w esterly parcel to expand the width of the street: and new standard drainage and utility easements. Murphy questioned the significance of the dormers within the roofline. PAGE 7 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o’clock p.m. (*7. M4-30S1 KEVIN AND JVUE FITZPATRICK, 356 WESTLAKE STREET, Continued) Cronin stated that the neighbors would prefer that no dormers be allowed on the garage or home at all for privacy sake. He asked if the Fitzpatricks would be willing to table their application and come back with a home plan that would meet all of their conditions. Sansevere stated that it would be unusual for the City to require an applicant to let a neighbor redesign their home altogether. Gaffron concurred, stating that it would be highly unusual for the City Council to accept a neighbor’s proposed conditions and direct an applicant to do what another neighbor has requested, unless the Council is in total agreement with these conditions. Timothy Harrer, 340 Westlake Street, stated that he did not think one set of neighbors should be allowed to redesign the home of another neighbors. He indicated that he believed a person should be allowed to develop their property as they sec fit if they arc able to work within the codes. Harrer stated that the plans that the other neighbors have for their property, or had for this property, should have no bearing on this applicant’s ability to develop their property now. He vehemently opposed the condition requiring easements be granted and reiterated the fact that 2 acre lots within this area do not exist. He maintained that the Fitzpatricks had complied with all that had been asked of them and should be given approval to build this nice home for their family. Sansevere questioned whether stalT was truly comfortable with the applicant’s requests or whether the precedence was ‘thin’ as suggested by the opposing neighbors. Gaffron stated that, generally, when the zoning does not match whr.l exists, the City has often used the standards that more similarly match the zone that does exist, in consideration of requests. He noted that he could recall up to perhaps a dozen similar past applications in which this had been the case. While the consideration of an 8’ versus 12’ setback on one side or the other was a condition for consideration by the neighbors, McMillan commented that 10’ seemed the most logical compromise. While the Planning Commission could support the application 5-1, Murphy stated that he continued to struggle with the side setbacks. He recognized that the Ericksons had hoped to see these three parcels combined into one in order to move this area closer to meeting the 2 acre zoning district which it is assigned. He asked the applicant to consider accommodating the requests of the neighbors. Fitzpatrick stated that he was >Mlling to accommodate several of the neighbors’ requests. He pointed out that he had already made 10-15 sets of revisions to the plans since first meeting with staff and had acknowledged to the neighbors last week that he would be willing to remove the buckthorn, underground the utilities, and limit windows on the southern face. On the other hand, Fitzpatrick stated that he would not appreciate the neighbors going so far as to redesigning his home. PAGE 8 of 13 Ik iM MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o’clock p.m. (*7. m-3051 KEVIN AND JVUE FITZPATRICK, 3 S6 WESTLAKE STREET, Continued) McMillan acknowledged that the applicant had every right to build his home if it met the height and 10 ’ side setbacks; however, it was her opinion that the out building should not be there and consideration could be given to expanding the size of the attached garage instead. As mentioned earlier, due to the long horizontal nature of the lot, Fitzpatrick felt the accessory garage/shed, designed to compliment and match the home, would go far in breaking up the long narrow lot. Murphy urged the applicant to sit down with the neighbors one more time to try to meet some of their conditions or come to some agreements over the application. Fitzpatrick reiterated that he had responded to their requests immediately last week and had agreed to meet several of them, adding additional landscaping around the out building, removing buckthorn, undergrounding utilities, changing the garage to one story, and minimizing north and south windows. While meeting their request for 12 ’ setbacks would be difficult to accomplish with an already skinny house, he believed he had gone to great lengths to accommodate the neighbors’ requests. Murphy continued, asking whether the applicant would sit down to discuss the conditions again with these neighbors. Fitzpatrick stated that, while he appreciated their candor about their expectations, he believed he could literally do nothing more to satisfy the neighbors’ concerns. Given the compromises alluded to by the applicant. White asked what the opposing neighbors might be willing to do for the Fitzpatricks in return. Cronin stated that the neighbors have come to accept the fact that a house will be built on the property; however, he stated they would still entertain a meeting to discuss the house plans with the applicant. Murphy reiterated his position that, even with past precedent, he found it difficult to support the hardship. Sansevere stated that, while he would not make a motion contingent upon a meeting with the neighbors, he questioned the City Attorney once again whether he was satisfied with the hardship of lot size. r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o’clock p.m. (*7. m-3051 KEVIN AND JVUE FITZPATRICK, 356 WESTLAKE STREET, Continued) Gaffron repeated that the Eastlakc Street lots do not set a precedent. While not many lakeshore lots in the 2-acre zone have been granted approval based on lot width as their hardship, Gaffron pointed out that numerous off lakeshore lots have been granted similar approvals. In terms of setback, Gaffron stated that the proposed home is more conforming than the e.xisting home and without the variance the hardship is that the lot is not buildable. Based on staffs recommendation and past precedent. White stated that he felt the City could not deny this application. While he was respectful of the current neighbors’ requests and wishes, Sanseverc stated that he was comfortable with the hardship of width if the City Attorney felt it to be appropriate. He asked how to handle the out building. Gaffron stated that the Council would need to assign a covenant to the property if it wished to never allow additional out buildings on the property. Gundlach stated that by incorporating the detached garage into the proposed garage, it would put the applicant over on hardcover in their 0-75’. Attorney Barrett stated that the hardship of lot size would only be defensible in certain cases where 50’ lots with existing homes on them would otherwise be unbuildabic. Moorsc explained that this would not have a broad impact on many homes in Orono, since there arc few very narrow lots in zones that require a wider lot, and setbacks that cross over one another, thus, making the homesite unbuildabic. Since the application was under 15% structural cover, met the hardcover requirements, the out building was in conformance, and the lot area, width, and setback variances could be supported by hardship, McMillan stated that, as a Council member, she had to support the application. She was of the opinion that the out building be reduced in size. Fitzpatrick asked whether there was precedent to require an applicant to reduce the size of a conforming structure in order to gain approval. Sanseverc stated that, as he was one of the remaining undecided Council members and (ould sw ay the vote, he suggested the applicant take w hat he could get by reducing the size of the out building or incorporating more square footage into the proposed attached garage. He stated that the Council can put conditions on an applicant’s approval. Fitzpatrick stated that he would be willing to accept a somewhat smaller out building, as opposed to more mass on the proposed home and garage. White suggested the out building be reduced from the proposed 24’X16’ to 12’X14’ w ith the reduction coming from the side closest the street. PAGE 10 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o’clock p.m. (*7. m-3051 KEVIN AND JUUE FITZPATRICK, 356 WESTLAKE STREET, Continued) McMillan moved, White seconded, to approve the lot area, lot width, and north and south side yard setback variances to permit the construction of a new residence on the property located at 356 Westlake Street, on the condition that the out building be reduced on the street side to a 12’X14’ structure, and that no other accessory structures be constructed on this site. VOTE: Ayes 3, Nays I - Murphy dissenting. MAYOR/CITY COUNCIL REPORT McMillan asked if staff had communicated their position to Mr. Hamm regarding his request to plant trees within the ROW. Gappa stated that he had spoken to him several years ago and told him this was not acceptable. McMillan suggested staff contact Hamm by registered mail, telephone, or in person to explain the city’s position explicitly. In reference to earlier public comments, Murphy commented that the City is encroaching around and upon the existing shooting range that has been in its current location for many years. He questioned whether the neighbors realized when they purchased their property that the range was a resident prior to their arrival. PUBLIC SERVICE DIRECTOR’S REPORT *8. 701 DICKEY LAKE ROAD - REQUEST FOR SEWER Murphy moved, Sansevere seconded, to approve the provision of sanitary sewer service to 701 Dickey Lake Drive contingent on the property owner signing an assessment waiver agreeing to be assessed for the total project costs for a City project to extend sewer to the parcel, with the sewer under Willow Drive to be jacked or directionally bored in order to maintain traffic flow on Willow Drive. VOTE: Ayes 4, Nays 0. *9. APPROVE PURCHASE OF VACTOR TRUCK REMOTE HOSE REEL Murphy moved, Sansevere seconded, to approve purchase of a remote hose reel for the sewer cleaning Vactor truck from Flexible Pipe Tool Company, St. Cloud, Minnesota, at a total cost of $20,780 to be funded from the year 2004 Sewer Fund Capital Outlay Budget. VOTE: Ayes 4, Nays 0. PAGE 11 of 13 ’ tvi n —> V- — t'H \ "riw ■ -i i. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27,2004 7:00 o ’clock p.m. *10. APPROVE REHABILITATION OF LIFT STATION #27 PARTENWOOD ROAD Murphy moved, Sansevere seconded, to approve rehabilitation of Lift Station Number 27 by Electric Pump Inc., Minneapolis, Minnesota at a total cost of $33,200 to be funded from the year 2004 Sewer Fund Capital Outlay Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0 CITY ADMINISTRATOR’S REPORT *11. ACCEPT GRANT FOR HOMELAND SECURITY TRAINING Murphy moved, Sansevere seconded, to accept Minnesota Anti-Terrorism Training Grant in the amount of $468.98. VOTE: Ayes 4, Nays 0. *12. ACCEPT RESIGNATION OF PART-TIME CSO OFFICER Murphy moved, Sansevere seconded, to accept resignation of Part Time Community Service Officer Joseph Patrick Lee and to extend an offer of employment to PT CSO candidate based on existing list, interview, and background investigation VOTE: Ayes 4, Nays 0. 13. Moved to Item 2A. 14. LETTER TO LMCD REGARDING TRIBUTARIES RESOLUTION Murphy moved, Sansevere seconded, to authorize sending a letter to the LMCD related to the tributaries resolution. VOTE: Ayes 4, Nays 0. *15. APPOINTMENT OF 2004 GENERAL ELECTION JUDGES - RESOLUTION NO. 5233 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5233, a Resolution appointing elect*,on judges for the November 2,2004 General Election. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett reported that the marina case had been ser%’ed. *16. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. PAGE 12 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Sqjtember 27, 2004 7:00 o’clock p.m. ADJOURNMENT Morphy moved, Sanseverc seconded, to adjourn the Orono City Council Meeting of September 27,2004 at 9:40 P.M. VOTE: Ayes 4, Nays 0. ATTEST; Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 13 of 13 3048 V I at WTH AVg N V \J AVt H r' \ V %taar \ .^ssaaih ^4r: .»’ • o agiiK^ J »o»ar«MOi « r-" AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 11, 2004, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PATXWAY, ORONO, MINNESOTA (♦) Asterisk items are considered to be routine items to be er.acte(Tt9i)fM^’4n8the City Count under tlte Consent Item* on the agenda. Memos regarding each of the -^cnda items are available in thePubl Packet - located OP. the counter neai the sigiiin sheet. uLI I i tUU4 ROLL CALL CITY OF ORONO CONSENT AGENDA I. Approvc/Apiend PUBLIC HEARING - 7:00 P.M. 2 Exier.sion of Mornioriuin on Mcdium/High Density Residential Development APPROVAL OF MINUTES • 3. Regular Council Meeting of September 27, 2004 PARK COMMISSION COMMENTS - Mirhacl Huddy, Representative PLANNING COMMISSION COMMENTS - Dave Rahii, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTIL\TOR’S REPORT 4. ^04-3048 Steven and Kathleen Pcisian, 1005 Hunt Farm Road-Variances sMAYOR/COUNClL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 5. Accept Quotation for Gaidcn Lane Sewer Project 6. Baseball Field Trail Change Order Number 1 7. Accept Quotation for 3422 Lyric Avenue House Demolition 8. Stonebay Development Park Dedication Fee Credit CITY ADMINISTRATOR S REPORT 9. Appoint Park Commission Members 10. Appoint Planning Commission Member 11. Establish Absentee Ballot Board - Resolution 12. Temporary, Part-Time Clerical Employee to Assist with Election Duties 13. Promotion of Jim Comick to Sergeant 14. Temporary Out of Class Sergeant Position 15 Fill Vacant Part-Time Community Service Officer Position 16. Letter of Intent to Purchase Replacement Squad Cars 17. Sale of Surplus Vehicles 18. Request Authorization to Intplcmcnt Safe and Sober Program CITY ATTORNEY'S REPORT ^ 19. LICENSES 20. BILLS UPCOMING ISSUES AND EVENTS 2004 lO/ll - Council Meeting. 7:00 p m. 10/15 - Leaf and Grass Disposal, Friday, 9.00 a.m. -3 0'^,. :n 10/16 - Leaf and Grass Disposal, Saturday, 9 00 a m. - 3 0 j p.in 10/18 - Plaiuung Commission Mcclmg, 6 00 p.m (Coimc / Liaison - A/aj'O.' Pe(erson) 10/22 - Leaf and Grass Disposal, Friday, 9 00 am- 3 00 p ni 10/23 - Leaf and Grass Disposal, Satin day, 9 00 a in. - 3.00 p m. 10/25 •* Council Mcciing, 7.00 p m. 10/29 - Leaf and Grass Disposal, Friday, 9 00 a m. - 3 00 p ni. 10/30 - Leaf and Grass Disposal. Sntindoy, 9 00 a m • 3 00 p m. 10/30 - Absentee Voting at City Hall. Safurdoy. 10 00 a m - 3 00 p m 10/31 - Da>liglii Saving Time ends Staff Recommendation Staff recommends denial of the request in its entirety. The alternate septic site and proposed building location could be swapped to meet the required setbacks and no hardship inherent to the land exists to grant a variance to permit an accessory building of a size in excess of what Code permits. Staff feels that if the Council wishes to approve the proposed 2,160 s.f. building stipulating a number of conditions, the variance request should still be denied and the Plarming Commission and Council work towards amending the code so that precedent is not set. The accessory structure ordinance was aimed at reducing the negative impacts that come with one single large building. These negative impacts include potential of future owners running a home occupation, appearance of a second principal building, and changes in the landscape and screening over time tliat are currently un foreseen. rhe ordinance is also aimed at building multiple smaller buildings that can be hidden within the landscape and do not present opportunities for activities which arc not appropriate in a residential zone. If the Planning Commission and Council believe that specified conditions can mitigate these negative impacts than the code should be amended. Approval of a variance requires hardship inherent to the land; a negotiation where conditions are specified mitigates the negative impacts, but does not demonstrate a hardship. COUNCIL ACTION REQUESTED The Council has several options for action on this application: 1.Approve the request consist with the Planning Commission recommendation and direct slaf^f to draft a resolution approving a 1,200 s.f. building to be located 30 feet from tire side lot line with a variance to permit the building to be nearer the street or front lot line than the principal structure. 2.Deny the request, and if appropriate, direct staff to draft an amendment to the accessory structure ordinance allowing an accessory building to exceed the specified maximum subject to a set on conditions. 3.Approve one, or more, or all of the variances and outline the hardships inherent to the land so that staff can draft a resolution for approval at the next City Council meeting. CITY OF ORONO ZONING FILE; 04-3048 2750 Kelley Parkway P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Cr>'stal Bay, MN 55323 (952) 249-4600 DATE OF NOTICE: September 21,2004 TO: Steven & Kathleen Persian COPIES: 1005 Hunt Farm Road Long Lake, MN 55356 TYPE OF APPLICATION:_ _ .Accessory_S_tmcm_re Area_&JSetba_ck_Va_r|a^ ............ DATE OF MEETING: September 20,2004 Planning Commission recommended as follows: 1. Approval of a variance to pcniiit the proposed storage shed to be located nearer the front or street lot line than the principal building. 2. Denial of a north side yard setback variance to permit the structure to be located 15’ from the lot line when 30 ’ is normally required. 3. Denial of an oversized accessory structure area variance to permit a maximum individual accessory structure footprint area of 2,160 s.f. when 1,200 s.f. is normally required. VOTE: 4 FOR 2 AGAINST Applicant’s next meeting is tentatively scheduled for: City Council - Monday, October 11, 2004; meeting starts at 7:00 p.m. pending submittal of a revised plan incorporating a building no larger than 1,200 s.f. meeting the 30’ required north side yard setback. If you desire certified copies of the official Planning Commission or Council minutes, they arc available from the City Recorder after review and approval by the Planning Commission or Council. !f you have questions, please call City Planner Janice Gundlach at 952-249-4623. * MIIVUTES OF THE ORONO PLANNING COMMISSION MEETING M;'nday, September 20, 2004 6:00 o’clock p.m. imer stated she would prefer there not be a requirement of 50 feet. lented in his opinion the language is imposing certaii Ions but that the Planning Commission^^^kb^bility to impose additional condi^ Gaffron stated the laiilS^Bsould be revised tfl^BBFvehicle must be set back from the property lines a distance that will eliminate nl ^n neighbors and review it on an individual basis. Leslie moved, Jurgens sect fo t ai [ication #04-3024, City of Orono Conditional Use Permit for Vehicle.- Code Amend meni Ayes 6, Nays C. Gaffron indii le would draft new language reflecting to!liscussion and bring the amendment rcthe Planning Commission at their October work session. NEW BUSINESS 5.#04-3048 STEVEN PERSIAN, 1005 HUNT FARM ROAD, VARIANCES, 6:46 p.m. - 7:20 p.m. Steven and Kathy Persian, Applicants, were present. Gundlach stated the applicant is proposing to constructs 36 ’ by 60* storage shed and is requesting the following variances: 1. A variance to permit the proposed storage shed to be located nearer the front or street lot line than the principal building. 2. A north side yard setback variance to permit the structure to be located 15’ from the lot line when 30 ’ is normally required. 3. Oversized accessory structure area variance to permit a maximum individual accessory structure fooqirinl area of 2,160 square feet when 1,200 square feet is nonnally allowed. Gundlach indicated the applicant is proposing to construct the storage shed in the upper northeast comer of the lot, which is located m front of the front lot line of the house. Staff finds that the following are a « number of setback and location restrictions limiting the location of the building given its size; PAGE 11 iifti'riimfiin nan mi ii-afcitfiaaa>tinin ............... itrB'nTTii^tiiUTTiTrni i m r urn Jifn inia ■ I ‘ k ; l! t MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20,2004 6:00 o’clock p.ro. 1. Preservation of an alternate septic site location and 20’ setback from it; 2. Ability of the proposed structure to meet 20’ septic setbacks from existing septic site; 3. Ability of alternate septic site to meet 75 ’ setback requirements from wetlands; 4, Ability to meet 35 ’ wetland setback on the south side of the property; 5. Access to building, which could potentially be over existing and alternate mound locations. Gundlach indicated one of the major issues influencing the location of the structure and whether or not a hardship exists is the alternate septic site. Gundlach stated the alternate septic site testing was received after the City’s septic inspector had left for the day on Friday and also was not in the office on Monday. The applicant has had a septic inspector locate an alternate septic site. Staff believes there is a good potential that the alternate septic site location could instead be the location of the proposed building, with all the setbacks for the septic being met in that location. Gundlach requested that the City’s septic inspector confirm that. Gundlach stated the Planning Commission should consider the following; 1. If the alternate septic site location and proposed building location can be swapped so that the required setbacks could be met, should the location variances be granted. 2. Does the power line easement, wetlands and septic locations on the property provide a hardship in order to approve the location or area variances and to what extent. 3. Docs the intent of the maximum individual square footage limitation make sense; i.e.. should the City be concerned about the visual appearance of a 2,160 square foot building on a lot which is somewhat secluded. 4. Does the remoteness of the lot factor into a variance approval for a building in excess of 1,200 square feet. Gundlach stated it should be ruled out whether the alternate septic site location and proposed PAGE 12 i IVTTNXJTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. building location can be swapped. If they can be swapped, the setback variances should be denied. If the bvo cannot be swapped, a variance to allow an accessory structure to be located in front of the house should be granted based on the power easement, wetland, and septic constraints. Gundlach stated if a setback variance is gr anted. Staff would recommend denial of the building area variance and recommend that the applicant be held to the 1,200 square foot limitation. If the Planning Commission wishes to grant a building area variance based on the remote nature of the lot. Staff recommends that the building meet all setback requirements. Persian indicated one of the reasons for the pt wposed size of the structure is to limit having multiple buildings on the property. Persian staled they would prefer to have just one single structure on the property to serve their needs rather than multiple buildings and would be more aesthetically pleasing to the neighborhood, bi addition, the lot is so secluded that the structure would nut be seen but also the home cannot be seen for about a third of a mile. Persian stated as far as the structure being proposed in front of the house, technically that is true but what is in between his residence and the house that is to the southeast of them is about a 75’ swath of trees, which makes it impossible to see their house or the neighbor’s house. Rahn inquired what the primary use would be for a building that size. Persian stated they would like to store personal items in there, noting at the present time he has two trailers sitting outside, personal ATV’s in the garage, and other items sitting in the yard. Persian indicated he would like to have all those items stored inside. Ralin commented a number of residents within the City have the same type of items, and noted that the proposed structure is the size of four, four-car garages. Rahn inquired what the sidewall height is for this building. Persian stated the sidewalls are 12 feet. Rahn inquired whether the slope of the roof would be 4-12, which would make the peak of the roof 18 feet and the median height 15 feet. PAGE 13 h t MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20,2004 6:00 o’cloci: p.m. Persian indicated that is correct. Gundlach stated the height of the structure is restricted by the height of the principal structure and cannot exceed the principal structure. Jurgens inquired whether Xccl’s easement states that no buildings can be constructed within the easement or whether there is a height restriction. Persian indicated he was informed that he could not construct any building within 75 feet of the center line. Persian noted their mound system is constructed within a portion of the easement. Fntzler stated he is not in favor of that size building on a lot that is 2.9 acres in size. Persian inquired what the thought process is behind allowing tliree or four smaller buildings rather than one larger building. Persian stated he is aware of a property on Old Orchard Park Road that exceeds the schedule for building size that is visible from County Road 6. Gaffron stated to his recollection that building was based on housing a vehicle and the minimum size and length for that vehicle was part of what drove the approval for that specific vehicle. Persian stated to his knowledge the vehicle does not fit within the building. Gaffron indicated that is also his understanding at the present time, but that the size of the building was approved so that the vehicle could fit within the structure. Keinpf commented one of the reasons for limiting the size of the structure is the visual impact. Kempf stated 111 his view the visual impact docs not apply here given the amount of trees on the property. Kempf stated it is difficult to functionally find anything wrong with the applicant’s proposal and that it comes down to the issue of protecting the code. Persian stated he understands this type of structure would not be appropriate if he was living in a neighborhood where there were neighbors in close proximity, but that he believes it is more aesthetically pleasing to have one building rather than three. Persian stated in his opinion only the roof of the proposed structure may be visible from his driveway, noting that the grade of the lot does slope PAGE 14 i MINUTES OF THE ORONO PLANNING COMIVUSSION MEETING Monday, September 20,2004 6:00 o’clock p.m. down somewhat. Persian indicated the surrounding vegetation would remain. Persian slated their goal would be to construct one building for storage. Rahn inquired whether the applicant was willing to pursue whether the alternate septic site could be swapped with the building location. Persian stated he has submitted one perk test already and that another perk test maybe necessary if the sites are swapped. Persian indicated the concern he has with swapping the sites is the location of a pressure line that he would prefer not to drive any motorized vehicles over. Rahn stated in his view the structure could be located in a conforming location without the need for a setback variance. Frilzler commented no hardship has been demonstrated for the variance. Persian stated he interprets the ordinance as trying to protect the integrity of the neighbors and that, despite the size, is not a nuisance to the neighbors. Fritzler stated the hardship has to validate the variance, and that he is not in favor of a variance for the setbacks or for the size. Jurgens noted the north line is the property line that abuts the railroad right-of-way. Jurgens inquired whether the setback is necessary due to the size of the building as well as the need to access the building and avoid the mound. Persian stated that is correct, and that the building was also pu.shed back because of the Xcel easement on the property. Jurgens indicated he is not in favor of the setback variance since there arc other locations where the structure could be constructed on this lot, noting the house could possibly fit north of the driveway turnaround, which would eliminate the need for one of the setbacks. Jurgens stated simply because one location is not as desirable as another does not constitute a hardship. Jurgens indicated he also has a concern with the size. Jurgens inquired whether the setback requirements change with the size of a structure. PAGE IS • < MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20,2004 6:00 o’clock p.m. Gundlach indicated if the building is 750 square feet, the setback is 10 feet from the side or rear; if it is between 750 and 1000, it has to be 15 feet; and if it is in excess of 1000 square feet, it has to meet principal stmeture setbacks. Jurgens stated two structures could be constructed rather than one large one, which would meet the setbacks and would not encroach upon the mound system. Jurgens indicated he is not in favor of the north side yard setback and the oversized accessory structure area variance. Gaffron noted there is a 50-foot separation between the lot line and the railroad easement. Keinpf inquired whether there is any plan to construct a tiail in that area, Gaffron stated he is not aware of any plans to construct a trail in this area by cither the City or the homeowners association. Leslie stated in his opinion it is a dangerous precedent to judge properties based on how something looks when the code is very specific on what is allowed and what is not allowed. Leslie commented several options have been discussed that would allow the applicant to have the storage he is requesting. Bremer stated she is not opposed to the location of the structure, but that the size of the building is excessive, Bremer stated what the code is trying to prevent in part is to have a property that appears to have two houses on it. Bremer indicated the intent of the code is to maintain the rural integrity of the property, and that there may be other residents that would like to construct a similar size structure on lots that do not have the significant number of trees on it as this lot docs. Bremer commented the proposed location makes the most sense for this lot but that the size should be reduced. Leslie stated two buildings would accommodate what the applicant is proposing to store in the shed and that a hardship has not been demonstrated. Leslie stated in his view the building can be reduced, which would reduce the setbacks and conqjly with the code. Bremer stated it might be better if the tests on the alternate septic site were available before a final decision is made on this application. PAGE 16 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. JelT Gori, Morton Buildings, noted that there is a vegetation buffer on three sides of the building and that it would be more aesthetically pleasing to have one building rather than multiple buildings. Rahn inquired what the purpose is for having 12-foot sidewalls. Gori stated with 12-foot sidewalls, the overhead door would be 10 feet, noting that on a residential home the overhead door is seven or eight feet. Gori indicated the taller sidewalls would accommodate a larger item. Rahn stated he still has a concern regarding the size of the structure, and that if two buildings were constructed, the need for the variances would be eliminated. Leslie staled in his view two smaller buildings would be more attractive rather than one large industrial looking structure. Leslie noted that the appearance of something also tends to be in the eye of the beholder and can vary from person to person. Ralm staled the Planning Commission has to grant variances based on a hardship, which has not been demonstrated. Leslie stated even if the alternate septic site cannot be swapped with the structure, a number of the Planning Conunission members have a concern regarding the size of the building. Leslie stated the viability of the alternate septic site should be detennmed before a final decision is made Rahn indicated the applicant has the option of tabling his application until the results come back on his alternate septic site or have the Planning Commission vote on each of the variances. Rahn inquired what the setbacks would be if the building wcie reduced to 1200 square feet. Giindlach indicated any accessory structure over 1000 feet has to meet principal stmeture setbacks. Leslie noted the setback would be 15 feet if the structure were reduced to 1000 square feet Jurgens indicated he would be willing to make a motion approving the variance to permit the proposed storage shed to be located nearer the front but denying the variance for the north side yard setback and the oversized accessory structure area variance. PAGE 17 -4^ MINUTES OF THE ORONO PLANPflLNG COMMISSION MEETING Monday, September 20, 2004 6:00 o’clock p.m. Bremer indicated she would also be m favor of the variance to permit the proposed storage shed to be located nearer the front since that is in her view a more private location. Persian stated his concern with the smaller size structure is that the building would be full and that he would prefer to have all of his stuff stored inside. Jurgens commented the applicant would have the option to construct another building if he is still in need of additional storage. Jurgens moved, Bremer seconded, to recommend approval of a variance to permit the proposed storage shed to be located nearer the front or street lot line than the principal building, and to recommend denial of a north side yard setback variance and uversi/ed accessory stiucture area variance for the property located at 1005 Hunt Farm Road. Gundlach stated the applicant would be able to construct a 1200 square foot building but would have to meet the 30-fool setback on the north side. VOTE: Ayes 4, Nays 2, Leslie and Fritzler Opposed. Leslie staled he would prefer to see the structure built in a location that meets the City’s setback requirements. l*ritzler indicated he would prefer to vole on the application as a whole ralhci than on the individual variances. the constructiQ PAGE 18 I i : «^04.3048 September 20, 2004 pjgc 1 of 6 Date Application Received: 8-13-04 Date Application Considered as Complete; 8-18-04 60-Doy Review Period Expires: 10-17-04 To;Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From:Janice Gundlach, City Planner^l\ Date: Subject; September 15, 200d #04-3048, Steven and Kathleen Persian, 1005 Hunt Farm Road - Location & Accessory Structure Area Variances - Public Hearing Zoning District: Lot Area: Lot Width: RR - lA, One Family Rural Residential District (5 acre minimum) 2.905 acres (126,681 s.f.) 472 feet Application Summary: Applicant requests the following vaiiances in order to construct a 36 ’ X 60 ’ (2,160 s.f.) storage shed: 1. A variance to permit the proposed storage shed to be located neater the front or street lot line than the principal building. 2. A north side yard setback variance to peimit the structure to be located 15’ from the lot line when 30 ’ is normally required. 3. Oversized accessory structure area variance to permit a maximum individual accessory structure footprint area of 2,160 s.f. when 1,200 s.f. is normally ______allowed.___________________________________________________________ Staff Recommendation: Staff recommends denial of the request as submitted. No validtjgujj wkv*** ----------------- -- ---------------------------— - - « hardships have been presented to allow the location or area variances for an accessory structure that could otherwise meet the requirements of the Zoning Ordinance if it were reduced in size and relocated. Pertinent Zoning Ordinance Sections 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 are subject to the setback requirements of section 78-305(b), section 78-330(b) and section 78-350(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. This section shall not apply to Irdceshore lots divided by roadways or comer lots. Sec. 78-1434. Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: «^04-3048 September 20.2004 Pige 2 of 6 (2) Oversized accessory structures are regulated by the following table; Lot Area (acres)Vlaximum ndividual Accessory Structure Footprint Area [square feet) Vlaxiinum Allowed Total of All Accessory Structure Footprint Areas* on a Property (square feet) 0-1.99 1,000 2,000 2.00 ‘-3.00 1,200 2,400 3.01-3.50 1,400 2,800 3.51-4.00 1 1,600 3,200 4.01-4.50 1,800 3,600 4.51-5.00 2,000 4,000 5.01-6.00 2,200 4,400 6.01-7.00 2,400 4,800 7.01-8.00 2,600 5,200 8.01-9.00 2,800 5,600 9.01 or more 3,000 6,000 * Excluding nonroofed tennis courts, pools, paddocks, arenas Any oversize accessory structure shall be subject to the following conditions: a.No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. c.Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. If the property is subdivided, the oversize accessory structure and principal structure will be located together 2. «r04-3048 September 20, 2004 Page 3 of 6 within a lot that meets the minimum lot area requirement for the given size of accessory building. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. 3. List of Exhibits Exhibit A - Applications Exhibit B - Hardship Documentation Form Exhibit C - Survey Exhibit D - Survey Showing Setback Constraints Exhibit E — Proposed Elcvatioirs Exhibit F - Example Photo of Proposed Building Exhibit G - Aerial Photo (wetlands and topography) Exhibit H - Topography w/Crcck Setbacks & Hardcover Zones Exhibit I - Plat Map Exhibit J - Property Owner’s List Background The applicant and builder have met with staff on several occasions to discuss the construction of an oversized accessory building The applicaiiis have submitted their plan based on the total amount of accessory buildings allowed on a property 2.00 - 3.00 acres, being 2,400 square feet recognizing that the code only permits an individual accessory building maximum of 1,200 square feet. The applicant’s property is located within the Huntington Farm Plat which was approved in 1986 as a PRD, Plarmcd Residential District. The puqjosc of this was to preserve the wetlands on the property, as shown on the plat drawing in lixhibit I. Also included with this PRD arc reduced setbacks as opposed to the RR - 1A setbacks of 100 ’ front and rear and 50 ’ sides. This was in an effort to accommodate the smaller than 5 acre lots. LOT ANALYSIS VVORSHEET RR-IA(PRD)Lol Area Lot Width Required 2P,800s.f. (5 acres)300 ’ Actual 126,681 s.f. (2.905 acres)472 ’ September 20,2004 Page 4 ofC Setbacks RR-IA (PRD) Front Rear Left Side Right Side Painters Creek Required 30 ’ 50 ’ 30 ’ 100’ Existing (house)Proposed (shed) 81.5 ’ 111.4’ 165.4’ -220 ’ 300 ’ 40’ (variance rcq.) 179’ -400 ’ 15 ’ (variance rcq.) 250 ’ Structural Coverage This property is in excess of 1.99 acres and is therefore not subject to structural coverage requirements of Section 78-1403. Hardcover Calculation.s This property is loc?' « within 300' of Painters Creek and therefore located within the Shoreland District ano ‘ubjcct to hardcover restrictions. Hardcover restrictions cover land within 300 ’ of the creek. It appears that the proposed accessory building and any other hardcover located west/northwest of the home is subject to hardcover standards. This is an area of approximately 2 acres which would yield an allowable hardcover level of 21,780 s.f (assuming all 2 acres is dry-upland). This property docs not come close to reaching the maximum allowed hardcover level and therefore did not require hardcover calculations with this project. For future projects, the applicant should be aware that the property is subject to the 100’ creek setback and subsequent hardcover restrictions 300 ’ from the bank of the creek. Front Yard Setback Variance Section 78-1435 limits locations of all acces.sory buildings on residential properties. Non-lakcshorc lots arc not pcmiittcd to have accessory buildings located nearer the front or street lot line than the principal structure. The front lot line of the applicant’s property is the eastern boundary because platted right-of-way, currently undeveloped, exists all the way north to the railtoud tracks. The applicant’s house is located approximately 82 feet from the front lot line and the proposed accessory building is proposed at a setback of 40 feet This requires variance approval. Side Yard Setback Variance Oversized accessory buildings are buildings in excess of 1,000 s.f Tbe applicant has proposed a building 2,160 s.f. in size. Section 78-1434 (3)(a) requires that oversized buildings meet principal structure setbacks. This PRD was approved with 30 ’ side yard principal structure setbacks where the applicant has proposed a building 15 ’ from the north side lot line. This requires variance approval. ► M04004S September 20,2004 Page 5 of 6 Accessory Structure Area Variance Section 78-1434 (2) limits the amount of accessory buildings on lots dependant on the total area of the property. The applicant’s property is 2.905 acres and therefore limited to a maximum individual accessory building size of 1,200 s.f. where a 2,160 s.f. building is proposed, requiring a variance. The chart also limits the total amount of accessory buildings on a property to 2,400 s.f., which the applicant complies wiih. Hardship Statement Applicant has provided a hardship documentation foim in Exhibit B, and .should be asked for additional testimony regarding the application. Hardship Analysis /»»comlilerhig applications for i ariance, the Planning Commission shall consider the effect of the proposed variance upon the health, safely and welfare of the community, existing and anticipated Irajfic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Xoning Code in instances where their strict enforcement would cause undue hardship because of circumslances unique to the Individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that there arc number of i.ssues limiting the location of an accessory building, regardless of its size. For example: • Preservation of an alternate septic site location and 20 ’ setback from it • Ability of proposed structure to meet 20 ’ septic setbacks from existing septic site • Ability of alternate septic site to meet 75’ setback requirements from wetlands • Ability to meet 35’ wetland setback on the south side of the property • Access to building - potentially over existing and alternate mound locations Staff finds that these issues leave the alternate septic site and the applicant’s proposed building loc.ation the only viable locations f:>r a building the size the applicant has proposed. Staff questions whether the alternate septic site and the applicants proposed accessory building location couldn’t be .swapped. This would . liminate the need for setback variances. Staff also finds that there is some logic behind Section 78-1434 (2) which limits the size of individual buildings and also total buildings. As proposed, a building 2,160 s.f. may appear as large as some principal building.s which the Ordinance is attempting to prevent. Staff acknowledges that this is a visual issue only and the site is somewhat secluded, however a hardship inherent to the land is still required in order to receive a variance to this standard. There appears to be ample room on the property for aduitional, smaller accessory buildings. Staff believes that a variance for building size should not be granted merely based on whether the setbacks cannot be met. If a site meeting setbacks lends itself to support a 2,160 s.f. building, then the Planning Commission should determine whether to grant a variance. If the Planning Commission wishes to grant this variance, staff believes the only basis for approval may be the secluded nature of the lot. r #04*3048 September 20.2004 Page 6 of 6 In conclusion, staff finds that the property should be held to the requirements laid out in Sections 78-1434 and 78-1435. Alternative locations meeting setbacks exist on the property and the property could support more than one large building, although there may be some justification for a single, large building as noted above. Issues for Consideration 1. If the alternate septic site location and proposed building location can be swapped so that the required setbacks could be met, should the location variances be granted? 2. Does the power line easement, wetlands and septic locations on the property provide a hardship in order to approve the location or area variances? To what extent? 3. Docs the intent of the maximum individual square footage limitation make sense? i.e. Should we be concerned about the visual appearance of a 2,160 s.f. building on a lot which is somewhat secluded? 4. Does the remoteness of the lot factor into a variance approval for a building in excess of 1,200 s.f.? 5. Are tliere any other issues or concerns with this applica‘.ion? Staff Recommendation Staff would recommend the following: 1. The applicant should rule out whether the alternate septic site location and proposed building location can be swapped. If so, the setback variances should be denied. If not, a variance to allow an accessory structure to be located in front of the house should be granted based on the power easement, wetland, and septic constraints. 2. If a setback variance is granted staff would recommend denial of the building area variance and the applicant should also be held to the 1,200 s.f. limitation. If the Platming Commission wishes to grant a building area variance based on the remote nature of the lot, staff recommends that the building meet all setback requirements. w exhibit a City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address 2750 Kelley Parkway P.O. Box 66 Orono. MN 55356 Main 952-249-4GOO Fax; 952-249-4616 For Office Use Only: City Planner; . }A-1^I U/r Crystal Bay. MN 55323-0066 Meeting Date/Time; ___h PC Dale; Sf.PT- ri 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: /OQ^ ftd _________,___________ Property Identification Number (pIn); ___'h0~ flfj 2.~0Q0h___ Zoning District; / A Size of Property: 2-*^ DESCRIPTtON OF REQUEST: . ^ ^ □ Average Setback S'Side Yard Setback □ Rear Yard Setback p Front Yard Setback D Hardcover D Lot Coverage □ Lot Area Lot Width 13 Other: aJSO A.fr/ VfTiu'irr.r -fry," rrt(?:/frnv.iy"l i}L >vlZC=L ------------ __-fmylCQ ! — pt bpdHU^n ZlIrO tjrhf.Li —------- __j'jfnnH^ l.zno._______________________________________________ Applicant ’s Initials: OTHER INFORMATION: HARDSHIP; Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. •Please note:'Your variance application will NOT bo accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature;Date: TT ^fj City of Orono Variance Application Street Address: 2750 Kelley Parkv* ay Orono. MN 55356 Main; 952-249-4600 fax; 952-249 4616 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Application # ^ Date Received: IP,-Ci */ Amount Paid. C oCXD- Oc^ Staff; _rcf ^ Fee. _S600____________ Renewal; $300 After-the-fact; $1,200 Doub le Fee This application form must bo completed in full. Applicant will be notified within 15 days as to ttie status of the application. Incomplete applications will not bo placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: /D ajT ______________________ Property Identification Number (PIN); '.7 6 - // r - 7 R • - oo o (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): /c</p j_ □ Yes, I own the adjacent parcels. Present use of property: K Residential □ Other ____________ __ Zoning District: / /!__________ APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: 5~7~gV c-V P^rTtreh A /^€XS,.4^. Phono (home); •i’Jr'-___________ Phone (work); e/l - Address: /oo*r //.r-v-7- c:,^r>nrc>_. _________________ Email: «?-Fax:r'7:^s~ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name; _ Phone (home)- ^r2- W7f rc*iup___________Phone (work): __ C>7.CAfa. Fax: C/l- 5~V7- y/'Ot'j Address: /oos~ /X<vr' ry>»rj\^ jCo/t-jy, Email: ^hve. C ry/c eirr r-o/K 9r2- DESCRIPTION OF REQUEST: Estimated Project Cost: Describe tlie request in detail (attiich additional stieets if necessary); _____ __6 __Mpshc,72tJ£-Xa *.0 5Vr7»^AC/t_ QOOC /Zeo.'^i/L^^er^n^ u)er AcJTc. ___________________ ____A AiA>f/r*iOAi /}C<.£SSca\^ K7 7.u <ltu /(S 7^err^rc.f.xf7~ C ___}Ij/. C c ___________/? ^/Cb 5^. /^'T: /9Tr/CiT5 A y. rr).xt/iTcf^ __Z2r'iP_ y'/hdp ■SE-777/gci^ c£T, A r~ aurZ _____ A'/f\ REQUIRED SUBMITTALS. All of the following information must be submitted by the application deadline date in order for your application to be processed. □□ El□ Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List - owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance. Government Center. A-603 300 South 6“’ Street. Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" X 17 ” for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic suivey - including existing and proposed elevations. Provide one copy 8.5' or 11" X 17 ” for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11"or11"x 17"). Additional items may be requested by City Staff depending on the scope of the project. * X 11 APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information requ;red 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 cr to recommend the request for denial of the request regardless of its potential merit. Applicant’s Signatuie: Applicant's Signature: Date: Date: OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agices to this applica’ion 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. Owncr's Signature; Date: Sic. J0 - oY Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting Planning Commission Meetings arc normally held on the third Monday of each month. Applicants must bo 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. • < \ •• X, •••A . •»r# 1— ,r J: EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota Stale Statue Section 394.27. Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the re evant 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 cr'f'sidGied. 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 a lowed by the official controls " 2."The plight o' the landowner is due to circumstances unique to his property not created by the landowner." /gfCwTSfgnj t-Oc.a77c/J /.a ✓v'lL'gVe-'T) /y'L'iT TTi Xcifc- -Tb /yejtyy 77/r 'The variance, if granted, will not alter the essential character of the locality." ‘TVtT c-_____aJ c37~ cj.Z . S \T>! er «.^eXfv.r "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 3048C3 LiA 8. Page 2 of 3 •*Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 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 land is located." yTlUJC.7l/r?^ uJ /7<5 UJtV rfy/2 ________ "The Board or Council may permit as a variance the temporary use of a onc-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land m 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." *7^^ ACCiTc.. rs Tll. 7^€i_________ "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." TT^j^ /ZC'^au/Xi^. f^C QLi^y/7irAJ '/Htf The ci^aact^ ca ’nfc /^/z<y\Xn\ "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" C^OCArT)e.^, %/^Z^ /J^n^e/y/PC2J o^tT u-f_________ clom/^cjcls ^ iTV ^y^7t:A^c‘A7ir: i/. i, \ > K\ l‘£'~ 'vJ' A ■O 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." €»rg ‘/*fevcT c^L^^fr^kLAJT, TTggiFS, r^^e?f^€JSffov n ^a/0 SCP77C, 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); ^ccfrscicv ^Tn^^’^ryjyiC sjh^fi:c£^^ty/%^ rrs f yr?ii/cny/ir /> ^//i jLcodr:^T- S\Jn^a Ci') oa!/^ TT/cr •77>i, /j A^O<L72X',} Ji U/L-O^.y/C S. /\^Cez:7h^ S cUr/</s^4/r.7^-r Q.OA^nT^r Des/CyJ tr^merrrc. .s. •zr^^o^ cim^/d c v<gx 37^/Z4gcwsr . 'TTffry' ^_ey^ ^/v /iJS /fyJ-^^3 c^t//=ry, ^ _________________________________________________ \S3fB' ^jti/C Acso *je<i/Le:i} c/,.tc<-rUY /7X. xcet- To iZr-T' fj U£7uy / A^/^c/1 tt^'T 9^or^ T^^f* r,\f7^X^f^t' or- 7?^C .^(^?i^rf€cr:rfoar>, C/CV.^05 A'f}/ L-I^/^C.6: ^r^L^CJTU.taS. /-rcu ijyji-p- '^rj', *T^t s /^cso Artnry* "7?^^ /f‘imP A/€nQ<rp c-«// /y^s^t»oC C jAc.5o ffcX.i(T^C ^SCt^u»^c,A Cm07^ TV’ t^c.Ci*hcA) c ox /rrx-1/e 77^ c - /j^//cr l'CK,si^s nAKAU/z^X^ ^<jifc/,A/c-s 7fe> /^^X7fi'yi ITTC /‘mt-£-b-7C./ry ^TT^rTi^mes e>-f C»^ , /fct:>0 ^f£> c>vC. y£>tL£>/>er}t.-1^\ 77V<f 4-7TACMCV p/^ert IS /t^TC/^OCiy T2 j ^Uc»J T^€ Gwac /tV or "Y%C Sr^Ut-Ti/tC OciT^/tr ^■Cc/’oSKr - O ( \ ^ 'A V 'W'’ .<^1 fO* I?>* .. ' * EXHIBIT C This si«vty Vwm% (ht boundarttt of tha abowa daacrfead proparry. t«a locaaon of an ailMng houfto Bwaon. araS ma propoM<l location of a propoaad pool and tioraga shed h does not purpoit to ahow any other snprevamantt aon meriiar Baoringt %ho«M> or* bottd upon on osaumed dplym asH-aa «wae«0«lf «Koa*«N ^ ORONBERG ft ASSOCIATES. INC.• *<aca» oarat *«•» *••• ai^n saierotoi o* aiaoti maO MneOBA M ^ M lAACB at* 1C ••a "■GW f ■Mwciaa Mca t< t««t 9 nc «t*« 9 aaaoaia a*u mmVV 44i«aajiaaaa iMu«.inMaan id9 *4Ma«>4i4t V ------------------------------------------- a*n Jt^utuii^c m sfcum mmrnM -----M-aai vt * M - *,sr <--f Ui. '4-^’ % .X* s o .1 SoiiTIi rtAbf OF pRopeP-tf LEGAL DESCRIPTION PF OREMISES: Lot 1. Block 5. HUNTINGTON FARM This survey shows the boundanes of the above described property, the location of an orslmg house thereon, and the proposed location of a proposed poo' and storage shed. It does not purport to show any other improvements or efKroachmenls : \ton morker Bcoringa sho^n ore boied upon on oosumed rJotum GRONBERG &*^59QCIATES. INC. CONSULTINO ENC'WEERS. l>NO SUnvEYOFS. I Knar C£Ri*''r »haT VfCiTCAirJfL r# rtPCar v**s PPfP*pfo ii vt£ cn nx*:« u Crr.:cr rN*r » A U1.' o»:i^.ca a.o laio SCalC r«ao f.a7» 0 ^ %• . e •* EXHIBIT E m* * •• t V . I t r. • • ♦ ' r •*. t • • • •* • . 2 r* r i t * t • *• 4 e,;- • • V V... !• . --fc .1 ’(I V '•" ••• — 1. i' •4. . k** • ! *V •> • i!ill'‘i'' ■" -«ic £!j^ .A. ftini>/•';.iv-i .*; .'< ^ ^ V- 1 ^■' .* •: ^V-^W • •'"• *r ^ JP • ■k ^ tr :i^’s . ■,- V‘k“%-. ' r\ • ■ fr . V .•■V , *■ -/ - . v:--rJ'' In •■f. >. . . 'I I wtV-- .ii, ‘V'>* *- V .vso ^ ^ •"'*‘ii'i ' ‘'. \' ' '^>' '■ •' T^-'' O 'P-'.J ) . CD ^mi:. './m^ «•«•••• *.•« 'tt ’■ir <r • m* • -------------,' •' • ' :54V>-bcu^6AiBP' Vr^o iM AT \ mhm**«>* CD mmmat* mm* .... \\. - >.'v I k‘; jajBtu — St W< SEC 30 tilbN. R23w KNUtflN C0U»*t^ 0>••• »* •«#%••• •■>. •• *..••• ••••■ R : X £ w I n—I / ;• c. Hennepin k * ! t Hennepin County Taxpayer Services Department \ •• J (.of.O Y’! Vi „ Parcel Information ^^arcel ID 3011823420006 V • ■ House tiumber 1005 Street Name HUNT FARM RD » V- »• *>This Is not a legally recorded map. H represents a compilation of information • . and data from City, County, and State road authontias and other sources RUN DATE ;W 3S 30II8234100I2 >ROPADDR 998 HUNT FARM RD 3WNERNAMB PM4CFSCH00N taxpayer peter M a CARLA F SCHOON ^AME/ADOR 994 HUNT FARM RD long LAKE MN 55356 38 3011823430005 ’ROPADDR 885 HUNT farm RD DWNER NAME HUNTtNGTON FARM HOME OWNERS TAXPAYER JEFFERY FA CAROLINE LEE SAME/AODR 885 hunt farm RD LONG LAKE MN 55356 HENNEPIN COlJin Xv, PACE: I• • 38 3011823420004 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME BURLINGTON NORTHERN RY taxpayer BNASANTAFERRCO name /addr property tax dept PO BOX 961089 fort WORTH TX 76161 38 3011823440006 PROP ADDR 885 HUNT FARM RD OWNER NAME HUNTINGTON FARM HOMEOWNERS TAXPAYER PETERSCHOON NAME/ADDR 994 hunt FARM RD long LAKE MN 53356 38 3011823420006 PROP ADDR 1005 HUNT FARM RD OWNER NAME STEVEN P/KATHLEEN B PERSIAN TAXPAYER STEVEN P PERSIAN NAME/ADDR '005 HUNT FARM RD LONCUKEMN 55356 i •f "’- ' •• * It -V '■ 'i u ij 00 u H w ••rrcTiKJG REQUEST FOR COUNCIL ACTION OCf 1 \ 2004 DATE: 5ITEM NO, Department Approval: Name Gregory A. Gappa Title Directorof Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Accept Quotation for the 1220 Garden Court Sanitary Sewer Project. This property is a vacant lot on Garden Court that has never been built on. The lot was owned for many years by the owner of the developed parcel to the south which has frontage on Tonka View Lane. When this .trea was sewered in the 1970’s, the property owner had no interest in being assessed for the additional costs to extend sewer north along the undeveloped Garden Court platted street, to serve the vacant lot, as the existing house was provided sewer from Tonkaview Lane. This vacant lot was recently sold, and the new property owner has requested a City project to provide sewer service lo the property. The property owner has signed an assessment waiver requesting to be assessed for the project costs. The lot is conforming to the zoning regulations. The best solution is to provide sewer for this property from the new Garden Court development sewer line north of the vacant lot, as this sewer is deep enough to allow for a walkout basement. 1 his will require a City project for the installation of 300’ of 8” diameter sewer in the boulevard along the west side of Garden Court. This project will be completed this fall. We have ret .''ved quotations for this project and are recommending acceptance of the lowest responsible quotation from GL Contracting Medina, Minnesota in the amount $25,757.98 for this project. This project will be funded from the Sewer Fund COUNCIL ACTION REQUESTED: Motion to accept quotation from GL Contracting Medina. Minnesota in the amount $25,757.98 for the 1220 Garden Court Sewer project to be funded from the Sewer Fund with approval of a budget adjustment to reflect this expenditure.% r f SACK HIU PAWc I « REQUEST FOR COUNCIL ACTION CniiMr'i! n^ccrifyjG OC? 1 1 2fi04 CITY OF ORONO DATE: October 11,2004 ITEM NO.: [p Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director ’s Report0 Item Description: Change Order #1, Lee Carlson Baseball Field Trail Project This change order is to raise the elevation of 60 lineal feet of the stone retaining wall along the north side of the ball fields 4’ to allow for the trail construction. The stone retaining wall was constructed as part the recent ball fields expansion project that was completed by the Orono Baseball Association. Wlien the new ball field was constructed, provisions to allow for a future trail between the access road and the retaining wall were made. However, during the ball field construction the retaining wall had to be moved closer to the access road to avoid a large power pole, moving this wall in resulted in inadequate space for construction of the trail. Tliis change order to raise the wall elevation will allow for trail construction with adequate side slopes. We have reviewed the information submitted by the City ’s engineering firm and recommend approval of this change order in the amount of $5,500 to raise the elevation of 60 lineal feet of the stone retaining wall along the north side of the ball fields 4’ to allow for the trail construction. The costs for this trail project are being reimbursed to the City from Municipal State Aid funds and Hennepin County trail construction cost sharing dollars. COUNCIL ACTION REQUESTED: Motion to approve Change Order Number 1, Lee Carlson Baseball Field Trail Project for DMJ Contracting, Medina Minnesota in the amount of $5,500.00 to be funded from the 2004 Municipal State Aid Fund Budget with approval of a budget adjustment to reflect this expenditure. ' 4. if\A Bonestroo ^LM Rosene Andeiiik & Associates engln««ri 4 Archliccti Qwncri City of Ofono« P.O. Box 66, Cfystat Biy, MN 553 23•0066 Dale October 5.2004 Contractor: DMJ Coiporation. 2392 Pioneer Trail, Hamel. N(N SS340 Bond Company:Bond No: CHANGE ORDER NO. 1 LEP CARLSON BALLFIELD TRAIL BRA FILE NO. 139-03-126 DcicrtpHon of Work This Change Order provides for the e.xtension of an existing retaining wall adjacent to a power pole that has created a conflict with the trail construction. Contract Unit Total - -T. _ , . I w ' 1 Original Contract Amount Previous Change Orders ThisChan^ Order Revised Contract Amount (including this change order) $59,802.70 $0.00 $5,500.00 $65,302.70 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date)' Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date: ky Approved by Contractor: DMJ CORPORATION Approved by Owner; CITY OF ORONO Hate Date cc: Owner Contractor Bonding Company Honestroo & Assoc. I%«oti2acoi «ii f'.niiM/'M •‘ccting OCF 1 1 20u’ REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: October 1 1,2004 ITEM NO.: "] Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Accept Quotation for 3422 Lyric Avenue House Demolition Project, This house is located adjacent to Navarre Playground, and the project is for demolition and removal of the house and backfilling the basement hole. The garage is not included in this project as a neighbor has expressed interest in purchasing the garage and moving it off the site. We are currently advertising for sealed bids for the purchase and removal of the garage. We have solicited quotations for this project and are recommending acceptance of the lowest responsible quotation from Green Acres Tree Serv ice, Maple Plain, Minnesota in the amount $9,000 for the 3422 Lync Avenue house demolition project. This project will be funded from the Park Dedication Fund COUNCIL ACTION REQUESTED: Motion to accept quotation from Green Acres Tree Service, Maple Plain, Minnesota in the amount $9,000 for the 3422 Lyric Avenue house demolition project to be funded from the Park Dedication Fund with approval of a budget adjustment to reflect this expenditure. REQUEST FOR COUNCIL ACTION OCT 1 1 2004 CITY OF ORONO DATE: October 11,2004 ITEM NO.: S' Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: StoncBay Development Park Dedication Fee Credit Park Dedication Fee Credit The 162 unit StoncBay development is being platted in phases. Phase 1 was platted in June of 2003 and contains 54 units which is 1/3 of the units in the full development. Tlie development trunk fees for each phase arc paid when the lots in that phase are platted, fhe trunk fees for Phase I 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 ye.ir in which they are platted and prorated for the number of units in the phase. The development agreement for the StoncBay project provides for reimburseuient of Development Trunk and Park Dedication 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 benent beyond the improvements necessary to only serve the development. We have received a request for reimbursement of Park Dedication Fees for the public trail along Willow Drive that has been constructed by the developer. The total Park Dedication Fee for the entire development is $526,500 based on the 2003 Fee Schedule. The total fee that will acttially 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 1 is $175,500. We are recommending acceptance of the requested cost reimbursement of $34,124.50 for the construction of the public trail along Willow Drive . The Park Fund currently has insufficient funds available for this expenditure. The staff recommendation is for Council approval of a temporary loan from the General Fund to the Park Fund to cover this expendinire with the repayment of this loan as soon as possible from future Park Dedication Fees. Page 1 of 2 i Professional Services Costs The Developer is responsible for payment of all costs for professional services, including legal, engineering, and planning costs, in excess of the costs for these services that are included in the zoning application fees paid for the project. There are outstanding professional services fees that need to be paid by the developer on this project. Our recommendation is that the $28,013 in professional service fees owed to the City by the Developer be paid from the $34,125 in Park Dedication Fee reimbursement costs owed to the Developer by the City resulting in a credit of $6,112 owed to the Developer that will be used for payment of future professional service I'ees incurred on the Stonebay project. Park Dedication Fee Reimbursentent Payable to the Developer $34,125 Professional Services Costs Payable to the Citv $28,013 Developer Credit Available for Future Professional Service I’ccs $6,112 For the last two months, the engineering cos»s on the Stonebay project for construction inspection by Bonestroo Hngincers have been approximately $10,000 per month, so the credit available to the developer will be depleted in the next monthly billing cycle for professional service costs. These costs provide for about one half time project inspection on the site from Bonestroo Fngincers. 'I'hcse inspection costs arc the result of insufficseni project construction inspection on the site from the developer’s engineering consultant Landforni Incorporated. The first year of the project l.iindform had a dedicated project engineer on the site. However, this construction season the construction inspection by Landform has been minimal on the project. COUNCIL ACTION RKQUESTEI): Motion to approve a Park Dedication Fee reimbursement of $34,125 to Dahlstrom Development to be funded from the Park Fund and approval of a budget adjustment for the 2004 Park Fund budget U rellect this expenditure. Motion to approve a temporary loan frt)ni the General Fund to the Park I'und to cover the $34,125 expenditure with repayment of this loan as soon as possible from future Park Dedication Fees. Motion to authorize collection of $28,013 in outstanding reimbursable professional services from Dahlstrom Development through a reduction of the $3'#,125 Park Dedication Fee credit due to the developer. The $6.1 12 fee credit balance to be applied to future professional service fees incurred by the City for the Stonebay Development project. Page 2 of 2 1 DATE: October 8,2004 ITEM NO: ^ REQUEST FOR COUNCIL ACTION COl •*rrcT|f4Q ocr 1 1 2004 CirvOFOHONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Parks, Open Space, and Trails Commission Appointments The Council discussed appointments to the Parks. Open Space and Trails Commission at its October 7 worksessior. The Council determined that an appointment should be made to fill the current vacancy, and that a second appointment should be made, effective January 1,2005. to fill the upcoming vacancy that will be created when Drew McDermott completes his final term on the Commission on December 31,2004. COUNCIL ACTION REQUESTED Motion to appoint a candidate to fill an unexpired term on the Parks Commission expiring on December 31,2005. Motion to appoint a candidate to fill the upcoming vacancy on the Parks Commission beginning January 1,2005. and expiring on December 31,2007. CniiM''n »/ccTIKJG OCT I I 2004 D/TE: October 8,2004 ITE 4NO: jO REQUEST FOR COUNCIL ACTION CITY OF ORONO Department Approval: Name Ronald J. Moorse Title City Administrator Administrator Reviewed: _______________________ Agenda Section: City Administrator's Report Item Description: Planning Commission Appointment The Council discussed the appointment to the Planning Commission at its October 7 worksession. The Council has interviewed three candidates for the vacant position on the Commission. COUNCIL ACTION REQUESTED Motion to appoint a candidate to fill an unexpired term on the Planning Commission expiring on March 31,2005. Request for Council Action continued Page 2 of 2 October 4, 2004 Establish Absentee Ballot Board establish an absentee ballot board by resolution for this purpose. Attached is a draft resolution establishing an absentee ballot board to “accept" and "reject” absentee ballot envelopes during the 30 days prior to the General Election. By following this procedure, the ballot envelopes are not opened, and tlie polling place rosters are not marked indicating that the voter has voted by absentee, until election day when the absentee ballots in sealed envelopes are delivered to tlie polling place after the last mail delivery. Staff Recommendation Staff is recommending that Council establish an absentee ballot board composed of at least two election judges of different political pailies appointed by the City Clcrl' The absentee ballot board members would be compensated at the same rate as election judges, which is currently S7.00 or $7.50 for head judges. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution establishing an absentee ballot board composed of at least two election judges of different political parties appointed b> the City Clerk, with absentee ballot board members compensated at the same rate as election judges, which is currently S7.00 or $7.50 for head judges. A RESOLUTION ESTABLISHING AN ABSENTEE BALLOT BOARD FOR THE 2004 GENERAL ELECTION TO BE HELD NOVEMBER 2, 2004 WHEREAS, the City Hall seizes as an absentee ballot center for the residents of Ciono;and WHEREAS, State Statute Section 203B.13 provides that an Absentee Ballot Board may be established by the City Council to facilitate the absentee voting process for an upcoming election. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council hereby establishes an Absentee Ballot Board to do any of the following: Absentee Ballot Board members arc authorized to leceive, examine, and validate absentee ballots. This process of examining the return envelopes and marking them "accepted" or “rejected" may begin at any time during the 30 days before the election. If an envelope has been rejected at least 5 days before the election, the ballots in the envelope must be considered spoiled ballots and the official in charge of the Absentee Ballot Board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. FURTHER BE IT RESOLVED by the Orono City Council tlrat: A. A Board of at least two election judges of different political parties shall be appointed by the City Clerk. n. Absentee Ballot Board members shall be compensated at the same rate as an election judge for their scr\'ices. Adopted by the City Council of lire City of Orono, Minnesota, at a regular meeting held October 11, 2004. ATTHST: Linda S. Vce. City Clerk Barbara A. Peterson, Mavor n . r % _aiili REQUEST FOR COUNCII. ACTION COMM''" »«CCTIISJG OCT 1 1 2004 CITY OF OROIMO UA'I ’E: October 8, 2004 ITEM NO: / <3^ Department Approval: Name l.in Vec Title City Clerk____ Administrator Reviewed:At>enda Section: (j|y Administrator’s jteport__________ Item Description: 1 emporary, Part/rime Clerical Hmployce to Assist with Election Duties The Orono City ilall lias been designated by the county auditor as an absentee ballot polling place, with the City Clerk designated to administer absentee voting laws. I here is a lengthy clerical process involved with 'ibsentee voting, which includes processing the initial absentee ballot application, verification ol'thc voter as registered or non-registered. determination of the correct precinct and school district, and a.sscmbling the correct ballot materials for the in-person voter. If the voter requests an absentee ballot by mail, additional materials and postage are required to process the request. A database is also maintained to provide infonnation about the absentee ballot process, including •' c date the application is received, the date the ballots are sent and the date the ballot is returned to City Hall. In addition, Hennepin ('ounty previously processed any absentee ballot requests received in their office. They have changed their procedures and now only process military and overseas applications with the remainder of the applications forwarded to each city to complete the absentee ballot process, therefore increasing the workload for Hennepin County cities. Since there has been a high volume of requests for absentee ballots during this presidential election year, which is typical for voters in our area, staff is requesting authori/ation to hire a temporary, part-time employee to assist with clerical election duties. Staff anticipates the need for no more than (lO hours of additional clerical help during the three weeks prior to Election Day- on November 2. 2004, and recommends a pay rate of $ 10 per hour. The hours will vary from day-to-day, depending on the volume of absentee ballot requests. The 2004 Election Budget includes additional money for salaries for employees and judges who arc working on election activities. Staff Rreommendatfon It is recommended that Council approve the hiring of a temporary, part-time clerical employee ftir no more than 60 hours, at a pay rate of SIO.W per hour, effective October 7 through November 2. 2004. C'OUNC'II. ACTION REQUESTED: Motion to approve the hiring of a temporary, part-time clerical employee for no more than 60 hours, at a pay rate of $10.00 per hour. elTcctive October 7 through November 2,2004. OCI t 1 2004 CITY OF OflONO KRQUm FOR COUNCIL ACTION DATE: 10/11/04 ITEM NO: /3 Department Approval:Administrator Reviewed:Agenda Section: Name: Stephany Good^;;^ Title: Chief of Police ^ Item Description: Fill vacant sergeant position Exhibits: DISCUSSION; Officer Jim Comick has been employed by the Orono Police Department since Ol/Oi/86. He has served as a patrol officer, as a corporal, and most recently as an investigator. Jim is familiar with all operations of the ptMice department, has excellent community relations, a strong work ethic, and is always professional. He never fails to go the extra mile for others and in fact has been described as being one of the most well respected officers on the department. Jim has successfully completed the application and interview process for the position of sergeant, I recommend that the Orono City Council promote Jim to the position of sergeant to fill the position vacated by Jay Dembouski. COUNCIL ACTION REQUESTED; Motion to promote Jim Comick to the position of sergeant, effective October 11,2004. . .j tMoii n OCJ 1 1 2004 REQUEST FOR COLINCIL ACTION Cl ry OF ohono DATE: 10/11/04 ITEM NO: f ^ Department Apf»ro^w Name StephanyGood Title Chief of Police Administrator Reviewed:Agenda Section: Item Description; Create Tern Exhibits; Sergeant Job Description ry **Working»out»of-class** Sergeant Position DISCUSSION; The Police Department currently has three authorized patrol sergeant positions. One became open when Sgt. Dembouski returned to his former patrol officer position. We arc promoting Investigator James Comick into that position to bring us up to strength. We would like to provide Sgt. Correy Famiok the opportunity to receive investigative experience as it will improve his overall knowledge and skills in managing all aspects of the police department. In addition to investigation, Sgt. Famiok will have oversight on case reports to ensure accurate, timely report writing and follow-up. As a sergeant assigned to investigation. Sgt. Famiok will have the authority to improve service and allocate resources as required. We will need to bring in one additional person for patrol sergeant to cover supervision and additional duties of a street patrol supervisor. This assignment will be made from current Otono patrol officers. Officers interested in the assignment will submit a written application responding to current issues, participate in an oral interview, and an independent “promotability” evaluation. This assignment will provide a patrol officer with an opportunity to develop supervisory, managerial, and administrative skills, and assist the current administration in providing better service to citizens and the police department. rnilNCIL ACTION REQUESTED; Motion to create a temporary “working out of class” position of sergeant at the 2005 entry level sergeant rate, or a rate 5% above the assigned officer’s current rate, whichever is greater, for a period of one year beginning January 3, 2005. ORONO POLICE DEPARTMENT "Dedicated to fairness, sen ice, pride and quality " Directive 4002 Page I of 2 Effcclivc Dale: By; Chief Slcphany G Review Dale: y Rescind Date: ^0 Title: Sergeant Position Description Distribution: All Personnel Primary Objective: Accountable to the Chief of Police Purpose: Provide leadership and supervision to assigned officers in a manner consistent with the mission and goals of the Orono Police Department. Ensure effcclivc and efficient delivery of law enforcement services to Orono and its contract cities. Work directly with citizens and staff to resolve problems/conflicts in a manner which commands public respect and confidence at all times. Perform all the essential duties and responsibilities of patrol officer. During the absence of the chief, the sergeant may be designated as the officer in charge of the department. Essential Duties and Responsibilities 1. Supervision: Assume responsibilities for the direction and supervision of police services. Manage and direct all resource allocation for assigned operations area, including scheduling, training, supervision and special assignments. A. Guide the activities and work of patrol officer and ensure effective use of all available working hours by each officer. Maintain a favorable working climate for department members. Keep the chief informed of any developments that the chief will need to know about to coordinate the overall functioning of the department. B. Evaluate performance of each patrol officer assigned and report training needs or ability deficiencies that need to be corrected. Provide counsel to motivate and commend good performance as justified. Initiate disciplinary action when justified. Check log sheets and reports prepared by officers to ensure that they are timely, accurate and complete. Read and approve all reports. Ensure proper use and maintenance of equipment. m m 4002 Sergeant Job Description Page 2 of 2 3. 4. Training and Development: Foster competence and facilitate development of all subordinates. Ensure that all assigned patrol officers have knowledge of federal, state and local laws; interpretation and application (case law). Ensure that each officer has knowledge of procedures and techniques for legally and safely detaining, searching and arresting suspects. Develop subordinates by encouraging them to take responsibility for various operations and special projects, assist by procuring equipment, training and by removing obstacles. A. Identify needs, individual experience, and ability and observe performance. B Note problem indicators especially in important tasks. Assess need for changing individual methods; coach, correct, commend subordinates based upon performance. 5. C. Monitor performance, ensure follow-up and hold accountable. Planning and Coordination: Participate in short term and long range planning to set and achieve organizational goals. A. Receive and organize information regsiding public safety hazards, trendr, resources, and changes which might effect resource allocation and/or officer pcrlbrmance; formulate assignments and responsibilities. • Define areas of individual accountability, select strategies for monitoring and evaluating effectiveness, develop back up plans, complete other planning functions as assigned. • Participate in budget preparation. Command: A. Maintain contact with radio in order to provide assistance and support to patrol. B. Assist first responding offices with command and coordination of incidents when needed. C. Assume command and coordination of personnel, equipment, traffic and communications. Investigation: Conduct and/or oversee investigations including crime scene processing, interview and interrogation, statements, search warrant preparation, case organization and court preparation. rni »^cc:tinG OCI 1 1 2004 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: 10/11/04 ITEM NO: Department Approval:Administrator Reviewed: Name: StephanyG Title: Chief of Police Agenda Section: Item Description: Fill vacant part time Community Service Officer Position Exhibits: Job Description and Task List Attached DISCUSSION: Part time Community Service Officer, Joseph Lee resigned his position on October 3, 2004. The police department recommends hiring David Allen Kliszcz of Loretto to fill the vacant position. The police department conducted a hiring process in March 2004 which consisted of a written test, two interviews, and a background investigation which David has successfully passed. David works full time for an oil company based out of Loretto. is a volunteer firefighter for the City of Loretto. a Police Reserve Officer for the City of Medina and a Little League coach. Dave is attending the Minneapolis Community College Center for Criminal Justice and Law Enforcement and is interested in becoming a police officer. He is married, has three children and resides in Loretto. Dave will primarily be working our weekend shift. COUNCIL ACTION REQUESTED: Motion to hire part time Community Service Officer David Kliszcz at the beginning pay rate of $ 11.00 beginning October 11 ,2004. I \ m ORONO POLICE DEPARTMENT *Vedicated fo fairness, service, pride and quality " Title: Community Service OfTicer • Part Time Position Description Distribution: All Personnel Directive 4005 Page I of 2 Effective Date; l<V6Ad^ By: Chief Stephany GoodC Review Date: Rescind Date: Accountable to Administrative Sergeant Primary Objective of Position Provide support services for the Police Department in a manner consistent with the mission and goals of the Orono Police Department. During the term of employment, attend an accredited post-secondary institution with intent to become eligible for POST licensure. Essential Duties and Responsibilities 1. Apply Orono’s community-oriented policing philosophy in the course of regular duties. 2. Responsible for animal complaints including: citation, capture, detention, disposal or transportation to designated veterinary shelter 3. Respond to parking complaints and take enforcement action when appropriate. 4. Assist with care and maintenance of all Police Department equipment. 5. Write clear and complete police reports in accordance with department policy. 6. Assist other city departments as needed including, but not limited to, delivering Co'mcil packets, cash deposits, etc. 7. Perform tasks associated with jail activities including prisoner fingerprinting, intake, mandatory jail checks and the maintenance of jail supplies. 8. Assist in returning property, recovered or used as evidence to owner. 9. Perform other duties and assume other responsibilities as directed by department personnel. 10. Position will work approximately twenty, but no more than thirty hours per w eek for twenty-four months from the date of hire. i ^ \ 4005 CSO Position £>escription Page 2 of 2 Part-Time Community Service Officer, 4006 Page 2 Minimum Qualifications • 18 years of age • High School graduate or GED • Valid MN driver’s license • Demonstrated ability to successfully complete college level course work • Possess a general knowledge of department operations. • Must demonstrate a commitment to teamwork when working with department members and City staff. • Ability to communicate effectively, both verbally and in writing. • Must have no felony or theft convictions Desirable Qualifications Ability to comprehend directions set forth in Federal. State Statutes, City ordinances and department policies and procedures. Computer experience Approved By: ORONO POLICE DEPARTMENT "Dedicated to fairness, scMce, pride and quality" Directive 4006 Page I of 3 Effcciivc Dale: 09-29 By; Chief Sicphany Good -2904<C^ ^Good^ Review Dale; 09-29-04 Rescind Date: Title: Community Service Officer Task Check List (Revised August 2002) Distribution: All Personnel 1. 3. 4. 6. At the beginning of shift, log into the Hennepin County CAD and monitor radio calls for service. Check in with office manager and watch commander for daily assignments. Complete enands which require immediate deliveries. Set up any work needed on squad cars, remove weapons from squads for overnight stays. (Check with Fleet Coordinator, office manager at the beginning of shift). Maintain police equipment. Deliver squads for repairs or set ups, take vehicles to car wash, transport cars to radio for car radio repair. 5. Fill 02 tanks at Long Lake Fire station - reorder when needed. Stock batteries, film, flares, etc. 7. Pick up mail at the post office, return to City by 1 lOOam, make delivery by 1600 hours. 8. Put out recycling every other Thursday. Be sure to separate items. 9. Empty shredder bag when full lU. Organize garage area and keep clean. 11. General parking enf orcement in the 6500 area. 12. Animal control in the seven contract cities as follows: A. Issue citations for license requirements and dogs at large as well as barking dog citations. Take dog bite reports and do quarantine on the animals. Do the follow-up investigations on animal complaints. Do kennel inspections for contract cities. 4006 CSO Check Li si Page 2 of 3 D. Conduct stable inspections for all contract cities. E. Complete all necessary paperwork for all complaints. F. Impound animats to respective facility for contract cities. 13. Deliver council packets every other Friday 14. Handle dead animal disposal on city and county roads. (Contact rendering service when necessary.) 15. Deliver court envelope and bail money to Ridgedale when necessary. 16. Pick up evidence at BCA, Crime Lab and M.E.’s Office. Deliver kits to the BCA fortesting. Make written follow-up reports of all evidence handling and secure signatures on evidence reports as necessary. 17. Maintain LiveScan and fingerprint persons per department protocol. 18. Deliver scales to Weights and Measures for certification. 19. Maintain and utilize all aspects of the Smart Trailer: • Perform traffic studies at requested locations. • Deliver trailer to requested location and do the sti up. • Print out computer generated studies as well as study graphs for requested area. • Maintain a file on completed traffic studies. 20. Respond to traffic accidents, medical calls and fire calls as needed - routine response only. Direct traffic as necessary. 21 . Act as a backup for administrative staff to answer phones and perform general office duties when needed. 22. Check Orono High School parking lot for sticker violations as well as unregistered vehicles. 23. Check public parking areas for expired registration on vehicles and boat trailers, parking violations, etc. 24. Pull and copy any necessary files for copying or transmittal. 4006 CSO Check List Page 3 of 3 25. Deliver monthly reports to contract cities. 26. Train newly hired CSO and familiarize the CSO with jurisdictional boundaries, 27. Check jail cells for proper stock and cleanliness. 28. Conduct tours of police department facility for Cub Scouts, school children and other groups. 29. Assist in stocking office supplies. Make deliveries and pick-ups to Budget Printing. 30. Organize, maintain archived files. 31. Assist offic«*rs as requested and other duties as assigned. 32. Organize, maintain archived files. 33. Assist officers as requested and other duties as assigned. ORONO POLICE DEPARTMENT COliM''" MeeriMQ Ori 1 1 2904 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: 10/11/04 Item No: / Department Approval: Vs^ Name: Kurt Erickson Administrator Reviewed:Agenda Section: Item Description: Letter of Intent to Purchase Replacement Squad Cars Exhibits; DISCUSSION: The Orono Police Department wishes to purchase tlirec replacement ears for 2005. This is a budgeted expense. The purchase will be based upon state bid pricing. The vendors require a letter of intent to purchase before tliey place the order. The lead time requires we place an order soon for early 2005 delivery. COUNC IL AC TION REQUESTED: A motion to approve the sending of the needed Letter of Intent to purchase police department cars. I I < r I' ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION ocr 1 1 2004 CITY OF ORONO Date: 10/11/04 Item No: / 7 Department Apjiroval:Administrator Reviewed:Agenda Section: Exhibits: DISCUSSION: The police department has successfully completed four forfeitures of vehicles i ndcr the DWI forf eiture law. 'I'hcse cars now belong to the City of Orono. The police department rr'’,..csts permission to sell these cars .as the hard copies of the titles are received. Vehicles will be sold either through advertising and a sealed bid process, or through the Slate of Minnesota suiplus vehicle ..uclion based on the potential for the greatest net profit. (The State of Minnesota charges 10*7. of the sale price for conducting the auction.) Orono will then transfer the pnKCcds to the appropriate city, consistent with the junsdiction in which the offense originated Descriptions on the forfeited vehicles are as follows: *96Chcv Bla/er (Marso), '95 Dodge Caravan (Tysdale), ’91 Chev Beretta (Stoner), ’95 Jeep Wrangler (Sloan). coinsicn. ACTION requested ; Motion to approve the sale of the above DWI forfeiture vehicles us titles are received vi iih sale priKced.s being transferred into appropriate city accounts. MccTtNG OCT 1 1 2004 REQUEST FOR COUNCIL ACTION ciTY OF ORONU DATE: 10-11-2004 4 Department Approval: j.^/^1 ITEM NO: /<? Adnimistrator Reviewed:Agenda Section: Item Description: Request Authori?ation to Implement Safe and Sober Program Discussion Driving problems and traffic concerns are among the most common complaints received by the Orono Police Department. Participation in the Safe and vSober program has helped the police depaiimcnt address these concerns. The Safe and Sober Program is a federally funded and state pass-through grant program administered by the Minnesota Department of Public Safety. Participation in the program is expected to continue to reduce the number of alcohol related traffic accidents and increase scat belt use. Orono Police Department proposes to partner \v«th Medina Police Department in implementing the Safe and Sober Program from November 2004 through September 30,2005. Orono and Medina Police Department have agreed to provide 375 patrol hours of enhanced traffic enforcement and patrol coverage. The City of Orono and Medina will be reimbursed for officer overtime up to $15,000 for its participation efforts. A motion to participate and council resolution arc necessary '.o fulfill the grant requirements, COUNCIL ACTION REQUESTED: I) Motion to approve participation in the Safe and Sober Program by the Orono Police Department. 2) Resolution lo enter grunt agreement with Minnesota Department of Pubiic Safety. >■ RESOLUTION AUTHORIZING EXECUllON OF AGREFMENT RES(MUTION NO, Be i( i cNoIved lhai ORONO POLICE DEPARTMENT enters into a gi-ani a«i eemcni « iih the Minnesota DepaiUncnt of Public Salcty, Oflicc orTi-aflic Sal'ciy for the prc>ic( t entiilcd SAFE & SOBER COMMENn iES [luring the |>eriixl IVoin Novciu Ikm 2(X) 1 tlirough Septeivilier 30, 2W)!> Chiel ’SiepIiany (JcmmI is hereby authori/cd to execute such agreements ;uul amendments as ;ue neeessaiy to implement the project on behall ol ORONO POLICE DEPARTMENT. Be it lurther resolved that Chief Slephany (I»mmI is hereby aulhori/.ed to be the liscal agent ami administer this grant behalf ofOiono Police Department, I certify that the alnne resolution was adopted by the City Cou ncil of Orono, Minncsoia on OclolH i 11.2(M) I. SIGNED:w'ri'NE-ssirrii (Sifimnuv} Chief ol Police (Sigiinltiiv) Mavor Clitic)Critk) (Date)(Date) I 3 i I r CITY OF ORONO 09/27/04 12 53 Page L *Check Detail Register® ocr I 1 2004 SEPTEMBER 2004 Check Amt Invo-ce Comment ciryoF ORONO 10100 Primary Cash Paid Chk# 079320 ^9/27/2004 " CMI, INC. E 101-42110-221 Equipment Parts & Accessories Total CMI.INC. $14651 657655 Intoxilizer Mouthpieces $146.54 Paid Chk# 079321 9/27/2004 DEPUTY REGIS'tiWR E 231-45650.441 Licenses & Taxes E 231-45650-441 Licenses & Taxes Tout DEPUTY REGISTRAR SI3.50 Stoner $13 50 Tysdal Title-91 Chev 04-1964 Title-Caravan 04-2436 $27 00 ’Patd Chkd 079322*' '9/27/2004 DEX MEOIQ ^T LLC E 613-49830-340 General Advertising Tout DEX MEDIO EAST LLC $306 30 2227643BOOO Directory Adv • CC $306.30 «. « ' •* P*a'id‘"ChK#*‘0*7932^ 9/2772604 '''FfsCHERVCHRIS E 101-42110-437 Training & Development E 101-42110-201 Office supplies E 101-42110-212 Motor Fuels & Lubricants Total FISCHER, CHRIS $35-00 0/9/04 $5 20 8/9/04 $15 00 8/9/04 MSANI Conference Trash Bags Gas-Dutyth Tnp $55.20 Paid’Chk# 079324 9/27/2004 GOPHER STATE ONE-CALL E 602-49450-489 Other Miscellaneous Charges $103 43 4000635 E 601-49400-409 Other Miscellaneous Charges S183 42 4000635 Total GOPHER STATE ONE-CALL August 2004 Locates August 2004 Locates $366 85 “Slid Chk# *^079325 9/27/2004 * ^ HENNEPIN CO-OP SEED EXCHANGE E 613-49830-223 Bldg/Grounds Maint Supplies $309 01 03251 r «• • *4«* Grass Seed ToUl HENNEPIN CO-OP SEED EXCHANGE $309 81 PaidChV# 079326* *9/27/2064 HENNEPIN COUNTY INFOR TECH DPT ^ E 101-41900-329 Other Communications _____24087174 Total HENNEPIN COUNTY INFOR TECH OPT $84 49 Pa d Chii# 0t9327 9/27/2004* LEXISNEXIS MATHEW BENDER E 101 42110-208 Books & Periodicals ____$76 47 89969758 ToUl LEXISNEXIS MATHEW BENDER Database Access - 8/04 • • • • • . # MN Drinking Driver $7647 Paid Chk# *079320 9/27/2004* LOE’S bVL^COMPANY E 101-43000-409 Other Miscellaneous Charges Total LOE S OIL COMPANY $65 00 34897 Oil Fitter Disposal $65 00 Fiid Chk# 079329 9/27/2004 MN POLLUTION CONTROL AGENCY-Vlh* E 602-49450-441 Licenses A Taxes _ $23 00 Ralhbun Total MN POLLUTION CONTROL AGENCY-WT SD Operator Ceri - Ralhbun $23 00 Paid Chk# * 079330 9/27/2664 PIONEER E 101-42400-340 General Advertising E 101-41900-352 Printing A Publishing E 101 -41900-352 Printing A Publishing E 101-41900-352 Printing A Publishing Tout PIONEER $119 40 8/1/04 $55 72 0/1/04 $47 76 8/7/04 $55 00 8/7/04 Land Use Appi;cations Floodplain/Wettand Revisions Filing of Candidates TIF $277 88 PiidCWii'079331 ” »27/2004'~ QUARTERLY ADVERTISING. INC E 613-49830-340 General Advertising $325 00 2085 Tout QUARTERLY ADVERTISING, INC *325 00 1OT'5hia"579*332 9/2772004 ^ STREICHERS Display Adv • GC CITY OF ORONO 09/27/04 12:53 PM Page 2 Check Detail Register® 1 ; i’)SEPTEMBER 2004 Check Amt Invoice Comment E 231-45650-226 Clothing A personal equipment E 231-45650-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment Total STREICHERS $8.47 1205493 $79.90 1205827 $23995 1206397 Grip Ext - Fischer Holsier - Fischer Boots - Farnlok $328.32 Paid Chic# 079333 9/27/2004 E 101-43000-386 Street Lighting XCEL ENERGY E 101-42110-381 Gas & Electric E 101-45200-381 Gas A Electric E 101-42110-381 Gas & Electric E 613-49830-381 Gas A Electric E 101-41900-381 Gas A Electric E 601-49400-381 Gas A Electric E 602-49450-381 Gas A Electric E 101-43000-381 Gas A Electric Total XCEL ENERGY $1,326.23 $9.42 $1486 $628.48 $854.79 $1,478.19 $3,880.96 $1.38243 $329.46 116059677725 Electrical Service 118059677725 Electrical Service 118059677725 Electrical Service 118059677725 Electrical Service 118059677725 Electrical Service 118059677725 Electrical Service 118059677725 Electrical Service 118059677725 Electrical Service 110059677725 Electrical Service $9,904.82 10100 Primary Cash $12,296.68 Fund Summary 101 GENERAL FUND 231 DRUG/FELONY FORFEITURE FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 10100 Primary Cash $4,732.17 $115.37 $4,064.38 $1,588.66 $1,795.90 $12,296.66 } ----------.... CITY OF ORONO check register 09/28/04 12:05 PM Pafle 1 Check Number Employee Name 054500 DODGE. RACHEL M 054501 LESKINEN. DENISE M 054502 ANDERSON, BRUCE L. 054503 BOBZIEN. SUEA 054504 BORIS, SCOTT W 054505 DEMriOUSKI. JAY C 054506 ERICKSON. KURT R 054507 FARNIOK, CORREY L 054508 FISCHENICH, DAN T. 054509 MADSON, ADRIENNE M. 054510 MCNICHOLS. DAVID L. 054511 MOROWCZYNSKI. JAMES 054512 PERSELL, WILLIAM R. 054513 TOMCHECK. LAWRENCE F 054514 TOMCZYK.MARKW 054515 WHITE. ANTHONY J 054516 GAFFRON. MICHAEL P. 054517 MEYER. WILLIAM C. 054518 OMAN. LYLE E. 054519 VANG, BRUCE L. 054520 GREGORY. JAMES D. 054521 HANSEN. STEVEN 054522 OBRIEN, RANDY L. 054523 PALMER. GREGORY A 054524 RATHBUN. BARRY J. 054525 SKREEN. DALES 054526 ABRAHAMSON. FREDW. 054527 HAMBRO MARSHALL J. 054528 JENSEN. RODNEY W. 054529 MCINTYRE. WILLIAM E. 0545:0 PEICKERT. GARY J. 054531 POLLEY. MIKE A. 054532 ROSS. JOHN A 054533 SMYTH. KATHERINE R. 054534 STEFFENHAGEN. RONALD 054535 STORK. JOHN T. 003708 MOORSE. RONALD J. 003709 SILUS. BARBARA G 003710 VEE. LINDAS 003711 KUEHN, THOMAS M 003712 OLSON. RONALD J. 003713 PETTIT. SANDRA K. 003714 ANDERSON. BRUCE L. 003715 BOBZIEN. SUEA 003716 BORIS. SCOTTW. 003717 BUDIG. STACIE M. 003718 CORNICK. JAMES L. 003719 DAY, SUSAN J. 003720 FISCHER. CHRISTOPHER K. 003721 GOOD. STEPHANY R 003722 MCNICHOLS. DAVID L 003723 RUSSETH. KYLE M 003724 SCHOENHOFF. JOHN B. 003725 TOMCHECK. LAWRENCE F. 003726 WITTKE. ANTHONY A. 003727 LEE. JOSEPH P 003728 PHARO, CHRISTOPHER M. 003729 BOLTERMAN. MATTHEW A. 003730 CURTIS. MELANIE Pay Check Check Period Amount Date Check Status 20 $1.12937 9/29/2004 Outstanding 20 $1,086.71 9/29/2004 Outstanding 20 $70824 9/29/2004 Outstanding 20 $23065 9/29/2004 Outstanding 20 $1.460 97 9/29/2004 Outstanding 20 $1.376 62 9/29/2004 Outstanding 20 $1,826.12 9/29/2004 Outstanding 20 $2,382.67 9/29/2004 Outstanding 20 $1.483 15 9/29/2004 Outstanding 20 $739.13 9/29/2004 Outstanding 20 $618 02 9/29/2004 Outstanding 20 $1.943 97 9/29/2004 Outstanding 20 $59595 9/29/2004 Outstanding 20 $73984 9/29/2004 Outstanding 20 $1,617 55 9/29/2004 Outstanding 20 $904.51 9/29/2004 Outstanding 20 $1,445.39 9/29/2004 Outstanding 20 $512.42 9/29/2004 Outstanding 20 $43.08 9/29/2004 Outstanding 20 $1,450.72 9/29/2004 Outstanding 20 $1,064.04 9/29/2004 Outstanding 20 $397.88 9/29/2004 Outstanding 20 $1,004.42 9/29/2004 Outstanding 20 $89304 9/29/2004 Outstanding 20 $1.04351 9/29/2004 Outstanding 20 $1.045 79 9/29/2004 Outstanding 20 $122 08 9/29/2004 Outstanding 20 $49 59 9/29/2004 Outstanding 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 $371.31 9/29/2004 Outstanding $160 23 9/29/2004 Outstanding $324 49 9/29/2004 Outstanding $43.70 9/29/2004 Outstanding $124 62 9/29/2004 Outstanding $105.74 9/29/2004 Outstanding $1,540.32 9/29/2004 Outstanding $129 71 9/29/2004 OutsUnding $2,457 21 9/29/2004 Outstanding $818 66 9/29/2004 OutsUnding $1,025 23 9/29/2004 Outstanding $1.463 01 9/29/2004 Outstanding $1,379 14 9/29/2004 Out landing $1,023 05 9/29/2004 OutsUnding $1,135 00 9/29/2004 Outstanding $830 00 9/29/2004 OuUtanding $20 00 9/29/2004 OutsUnding $793 95 9/29/2004 OutsUnding $2,027 52 9/29/2004 OuUtanding $1,368.31 9/29/2004 OuUtanding $1,445 62 9/29/2004 OuUtanding $2,018 27 9/29/2004 OuUtanding $1,100.00 9/29/2004 OuUtanding $1.480 40 9/29/2004 OuUtanding $1,540 84 9/29/2004 OuUUnding $900 00 9/29/2004 OuUUnding $1.408 91 9/29/2004 OuUUnding $299.46 9/29/2004 OuUUnding $770.95 9/29/2004 OuUUnding $658 69 9/29/2004 OuUUnding $1,169.19 9/29/2004 OuUUnding CITY OF ORONO 09/28/04 12:05 PM Page 2 check register Ch«ck Pay Check Check Number Employe Nam«Period Amount Date Check Status 003731 GAFFRON. MICHAEL P.20 $125 00 9/29/2004 Outstanding 003732 GAPPA, GREGORY A.20 $2,016.47 9/29/2004 Outstanding 003733 GUNDLACH, JANICE J.20 $1,366.45 9/29/2004 Outstanding 003734 OMAN. LYLE E.20 $1,400.00 9/29/2004 Outstanding 003735 OEBAERE. DONALD L.20 $1,138.84 9/29/2004 Outstanding 003736 HANSEN. STEVEN 20 $775.00 9/29/2004 Outstanding 003737 OBERAIGNER, SCOTT G.20 $1,315.56 9/29/2004 Outstanding 003738 OBRIEN. RANDY L.20 $550 00 9/29/2004 Outstanding 003739 PALMER. GREGORY A.20 $350.00 9/29/2004 Outstanding 003740 RATHBUN. BARRY J.20 $200.00 $67,288.28 9/29/2004 Outstanding i FI r-CITY OF ORONO 09/29/04 7 02 AM Page 1 Check Detail Register® SEPTEMBER 2004 Check Amt Invoice Comment 10100 Primary Ceeh ^ ____________________________ Paid Chk# 07^334 ^^9/2004 " fTr ST NATIONAL BANK OF LAKES » mmrn V « ^0 ■.00^ G 101-21701 Federal Withholding G 101-21703 FICA Tax Withholding G 101*21703 FICA Tax Withholding ToUl FIRST NATIONAL BANK OF LAKES S9.80533 $4.58387 $4,583 87 FEDERAL W/H FICA & MEDICARE W/H FICA & MEDCR CITY SHARE $18.97307 Paid ChK* "079335 9/29/2004i ICMA RETIR^ENT TRUST • 457 G 101-21705 Other Retirement ___S951.62 DEFERRED COMP-302030 I # f • ' $000 Total ICMA RETIREMENT TRUST-457 $95162 Paid Chk# 079336 WW004 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues Tout LAW ENFORCMENT LABOR SERVICE ■paid Ctik# 079337 " 9/29/2004 '"MN DEPT OF REVENUE G 101-21702 State Withholding $4.118 21 UNION DUES #40 & #168 $0.00 STATE TAX W/H ToUl MN DEPT OF REVENUE $4.118 21 Piid Chk# 079338 9/29/2004 "MN SfATE'RETIREMENT SYSTEM G 101-21718 Post Employment Health $28952 post retirement Total MN STATE RETIREMENT SYSTEM $289 52 Vafd Chk# 079339 912912004....NATIONWlOE^RETIREMENT SOLUTION 0 101-21705 Other Retirement $1,902 00 G 101-21705 Other ReUrement Total NATIONWIDE RETIREMENT SOLUTION $12298 USCM - ENTITY 2339 OBRA#2343 S2.024 98 Paid Ctik# 079540 9/29/2004 ' ORCHARD TRUST COi TRUSTEBCUST G 101-21705 Other Retirement $3.562 68 Total ORCHARD TRUST CO. TRUSTEE/CUST ‘$3,562 68 Paid Chk# 079341 9/29/2004 ->UBLIC EMPLOYEES RETIREMENT G 101-21704 PERA $6.879 91 G 101-21704 PERA <5 352 13 Total PUBLIC EMPLOYEES RETIREMENT uniteo 'wa V MN STATE RETIREMENT PERA CITY SHARE PERA EMPLOYEE W/H $12.23204 Paid Chk# 079342 9/29/2004 G 101-21708 United Way $70 00 CHARITY DONATIONS Total UNITED WAY $70 00 10100 Primary Cash $42,222.12 Fund Summary 101 GENERAL FUND 10100 Primary Cash $42 222 12 $42 222 12 CITY OF ORONO 10/07/04 9 00 AM Pag* 1 check register Check Pay Check Check Number Employee Name Period Amount Oat* Check Status 054540 PETERSON.BARBARA 10 $32322 10/11/2004 Outstanding 054541 MCMILLAN, ELIZABETH T.10 $269.36 10/11/2004 OuUtanding 054542 MOORSE, RONALD J.10 $369 40 10/11/2004 Outstanding 054543 SANSEVERE. ROBERT K.10 $269.36 10/11/2004 Outstanding 054544 MURPHY. JAMES L 10 $269 36 10/11/2004 Outstanding 054545 WHITE. JAMES M.10 $269.36 $1,770.06 10/11/2004 Outstanding •j #4 "■I T . CITY OF ORONO 10/06/04 11.05 AiM Page 1 Check Detail Register® OCTOBER 2004 Check Amt Invoice Comment 10100 PrimaryCaeh ■paidChH# 079216 9/27/2004 ' ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office auppitei ($61.95) 6013-405223 E 101-41900-201 Office aoppliea ($61 95) 6013-405223 ToUl ARAMARK REFRESHMENT SERVICES ($123 90) Void Check 79216 Void Check #79216 PaidChk# 079343 10/8/2004' 'UNITEO STATES POSTAL SERVICE E 651-49910-322 Postage $198.28 10/2004 E 602-49450-322 Postage $198.28 10/2004 E 601-49400-322 Postage $79 31 10/2004 ToUl UNITED STATES POSTAL SERVICE $475 87 Postage - 3rd Q*.r 2004 UB Postage - 3rd Qtr 2034 UB Postage - 3rd Qtr 2C04 UB Paid'Chk#'b79344 10/8>2004 ACCLAIM BENEFITS E 101-41900-489 Other Miscellaneous Charges E 101-41900-489 Other Miscellaneous Charges ToUl ACCLAIM BENEFITS $71.00 345798 $100 00 345799 COBRA Adm - 9/2004 FSA Adm - 9/2004 $171.00 pVldl:'hk#'07934T ■■ E 101-42110-311 Data Processing Communication Tout ACCURINT $30.00 1297291-2004 Data Base Access 9/2004 $30.00 ■paid Chk# 079348 ' 10/8/2OO4 ....AMEWCAN ENOrNEERING TE E 101-43280-304 Engineering-Consulting $230 00 27527 Concrete Testing - Stonebay Total AMERICAN ENOiNEERINO TEST. INC $230 00 P'aid Chk# *079347 10/8/2004 ANCFoR BANK-wIr E ONLY E 227-45500-613 Short-Term Debt Interest $937 50 10/12/04 . M *a • e* • E 101-42110-489 Other Miscellaneous Charges Tout ANCHOR BANK- WIRE ONLY $622.50 10/12/04 2004 Equip Cert Interest 2004 Equip Cert Interest $1,563 00 Paid Chk# 079348 .....iO/8/2604 ' ANDERSON, KRiSfl E 101-4520C- ;19 Other Professional Senrices E 101-41300-319 Other Professional Services Total ANDERSON. KRISTI $140 00 9/27/04 $205 00 9/27/04 Park Minutes 10/4 CC Minutes - 9/27 $345.00 >a!dCnk#~079349 ' 10/8/2004 ARAMARK REFRESHMENT S E 101-41900-201 Office supplies E 101-42110-201 Office supplies E 101-41900-201 Office suppues E 101-41900-201 Office supplies E 101-42110-201 Office supplies ToUl ARAMARK REFRESHMENT SERVICES $119 15 6013-419249 $169 95 6013-419250 $116 35 6013-419251 $104 26 6013-419838 $52.13 6013-419842 Coffee Coffee Coffee FiKers Water Fillef $561.84 Paid Chk#*079350 ‘ 10)8/2004 A^UGI eVmOBILE CHEF E 613-49900-093 Concessions For Resaie-Txbi Tout AUGIES MOBILE CHEF $42 72 8383 Hot Dogs. Cheeseburgers $42.72 PAd Chk#"0T535T ‘' ’ 10/8^004 AUTOMATIC SYSTEMS CO. G 602-16500 Fixed Asset-Const in progress $7.798 00 16259 Tout AUTOMATIC SYSTEMS CO. $7,798 00 Backup Dialer • scada ?iid"6f3rr5f9352^' ‘*'10/8/2004 'BUDGET PRINTINO E10M2110-322 Postage E 101-42110*322 Postage E 101-42110-201 Office supplies E 101-42110-322 Postage $8.41 10/6^4 $8 46 10/6/04 $178.26 1131 $16 20 967 ShIpping-LE Resource Cen Shipping-SBC Paging ICR Forms Shipping CITY OF ORONO *Check Detail Register® 10/08/04 11.05 AM Page 2 OCTOBER 2004 Check Amt Invoice Comment E 101-42110-221 Equipment Parts & Accessories Total BUDGET PRINTING $9001 967 Dog Violation Door Hangers $301.34 Paid Chk# 079353 10/8/2004 CAP'-iUESt E 602-49450-221 Equipmen. Parts & Accessories E 602-49450-221 Equiprieni Parts & Accessories E 602-49450-221 Eqi'ipment Parts & Accessories Total CARQUEST $13.67 N40378 $21.86 N40397 $2.41 N40416 LS Repair Supplies LS Repair Supplies LS Repair Supplies $37.94 Paid Chkff 079354 10/6/2004 CENTERPOINT ENERGY E 601-49400-381 Gas & Electric E 601-49400-381 Gas & Electric E 602-49450-381 Gas & ElecUic E 101-42110-381 Gas & Electric E 101-42260-381 Gas & Electric E 602-49450-381 Gas & Electric E 101-41900-381 Gas & Electric E 101-41900-381 Gas & Electric E 613-49830-381 Gas & Electric $15278 $821 $2463 $44.04 $65 55 $1282 $5382 $49.23 $1598 060006760600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service Total CENTERPOINT ENERGY $427.06 ^ sw> %. ' •- Paid Chk# 079355 10/8/2004 CHUNKS LAKESHORE AUTO E 101 -42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equ p E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101 -42110-402 Repairs/Mamt-Auto Equip E 101 -42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equtp $636 59 $3292 $31.26 $50.20 $46 49 $87032 $21.60 $377 68 25975 25991 25993 25996 26024 26036 26C62 26079 Brakes. Oil #196 Oil Change #201 Oil Change #202 Mount Tires #200 Oil Change #199 Shocks. B Joirt.Oi #185 Connection #201 Oil. Brakes #198 Total CHUNKS LAKESHORE AUTO $2,067 06 Paid Chk# 079356 10/8/2004 COLLISION CORNER E 101 -42110-402 Repairs/Maint-Auto Equip Total COLLISION CORNER $4.51756 6585-2 Repairs • Sqd 200 $4,517.56 Paid Chk# 079357 10/8/2004 CONNELLY INDUSTRIAL ELEC. E 602-49450-406 Repairs/Maint-Swr lines/lifts $240 75 6017 E 602-49450-406 Repairs/Mairt-Swr llnes/lifts $1.237.27 8017 Total CONNELLY INDUSTRIAL ELEC. GS #10 Transducer GS #10 Transducer $1.478 02 Paid Chk# 079358 10/8/2004 D.M.J. CORPORATION E 406-48727-590 Street Construction Tout D.M.J. CORPORATION $2 000 00 7808 Asphalt Patching-Cr Creek $2.000 00 Pai Chk#*07935"^^ lO/STfoO# DAHLGREN E 101-43290-800 Speoal ProjecU. Contingency $1.119 80 25233 Rural OasiS ToUl DAHLGREN SHARDLOW & UBAN Pahj Chk# 079360 $1.11980 10/8/2004 DAKOTA CO. TECHNICAL COLLEGE E 101-42110-437 Training & Development $90 00 9271-2501 LE OSHA Issues Total DAKOTA CO. TECHNICAL COLLEGE Paid ChlSn^ ' $90 00 10/8/2004 DELL E 601-49400-221 Equipment Parts & Accessones $27 80 B23301640 Modem Total DELL $27.80 CITY OF ORONO Check Detail Registcr<§) 10/GB/04 11 OS AM Page 3 OCTOBER 2004 Chock Amt Invoica Commont Paid Chk# 079362 10/8/2004 DEPT OF ADM - INTERTECH GROUP E 101-42110-321 Telephone $53.51 W04080607 E 101-41900-321 Telephone $124 86 W04080607 Totol DEPT OF ADM - INTERTECH GROUP $178,37 >aW*Chk7r 079363 ■' ‘10/8/2004 DEPt OF PUBLIC SAFETY E 101 -42110-311 Data Processing Communicstion $510 00 02715005C ToUl DEPT OF PUBLIC SAFETY Phone Service Phone Service 3rd Qtr 2004 CJDN ■paid’Ch’k#''0'79364....16/8/2004' ' E-ZRECYCLI'NG E 101-43270-316 Contract Recycling Pickup Total E-Z RECYCLING >'ird Chki'079365 ' ■ ’l6/8«o64 " “eLECT'r Ic Tu MP ' ^ E 602-49450-406 Repairs/Maint-Swr lines/lifls $510.00 $6,518 20 7200 Recycling • 10/2004 S6.51820 S319 50 27086 Floats-LS 10 ^ . * 4 Total ELECTRIC PUMP $319 50 V6/8/2604 " EMERGENCY AUTOMOTIVE TECH INCPaidChk* 079366 E 602-49450-221 Equipment Parts & Accessories Total EMERGENCY AUTOMOTIVE TECH INC Pa'WChk#'079367 ' 10/8/2664 ■' FARNIok. cbRREV " E 101-42110-437 Training & Development Total FARNIOK, CORREY J87 86_BC091604-3 Strobe Light $87.86 Paid Chk# 079368 10/8/2004 O & K SERVICES E 601-49400-226 Clothing & personal equipment E 602-49450-226 Clothing & personal equipment E 613-49830-226 Clothing & personal equipment E 101-43000-226 Clothing & personal equipment E 101-43000-221 Equipment Parts & Accessories E 101-41900-404 Repairs/Maint-Bidgs/Grounds E 101-43000-226 Clothing & personal equipment E 601 -49400-226 Clothing & personal equipment E 613-49830-226 Clothing & personal equipment E 602-49450-226 Clothing & personal equipment E 101-42110-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds Total G&KSERViCES Paid Chk# V7W69 ‘"' i 6/8/2004 ' E 101-43000-221 Equipment Parts & Accessories E 101-43000-331 Travel Expenses Total GAPPA.GREG PaiiChWT 079370 10/872004 GERRlNG’S^CAfTw^ E 101 -42110-^ 02 Repairs/Maint-Auto Equip Total GERRING'S CAR WASH $22.64 9/16/04 Meals - Training $22.64 $1262 1006239501Uniforms $37 86 1006239501Uniforms $575 1006239501Uniforms $7571 1006239501Uniforms $56.59 1006239501Shop Towels $98.961006252380 Mat Service - PW $78.27 1006252380 Uniforms $13.04 1C06252380 Uniforms $5.75 1006252380 Uniforms $39.121006252380 Uniforms $154 40 1006252382Mat Service - PD $57.65 1006252383Mat Service - Adm $65 18 1006252384 Mat Service • CC $700 9C $859 1/5/03 Batteries $99 39 1/5/03 Mileage/Parking $107 98 $9 CO 9/30/04 Car Wash $9 CO Paid Chk#*^079371 10/8/2004 GOLF CAR MIDWEST E 613-49830-415 Other Equipment Rentals Total GOLF CAR MIDWEST Pild'ChlA'679372 10/8/2664~'GRAPixTHOPPE E 101-42110-402 Repairs/Mamt-Auto Equip $1.600 00 9904 Cart Rental - 9/2004 $1,600 CO $244.95 37604 Gf aphtcs • Sqd 200 % CITY OF ORONO Check Detail Register© 10/0B/04 11 05 AM Page 5 OCTOBER 2004 Paid Chk# 079386 10/8/2004 KENNETH N. POTTS. PA E 101-41600-306 Legal-Prosecution Total KENNETH N. POTTS. PA S2.50000 10/1/04 Prosecutions - 9/2004 $2,500.00 Paid'Chk#^079387 10/8/2004 KOEHNEN’S AMOCO E 101-42110-402 Repairs/Maint-Auto Equip _ Tout KOEHNEN'S AMOCO Paid Chk#*079360 ‘ 'l0/^2d64 * LAKE BUSINESS SUPPLY E 613-49830-201 Office supp'ies ToUl LAKE BUSINESS SUPPLY $28 95 9/25/04 $28 95 $22.33 77369 Install Headlight Register Rolls $22 33 Paid'ChV# 079309“**** 10/^004 '“LAW'ENFORC^ RESOURCE CENTE E 101-42110-437 Training & Development $315 00 1C875 E 101-42110-437 Training & Development Tout LAW ENFORCEMENT RESOURCE CENTE J$415_00 10875 $730 00 Force Video Search & Siezure Video Paid Chk# 079390 10/0/2004 LOGIS E 101-42110-329 Other Communications E 101-41900-329 Other Communications E 101-42110-310 LOGIS-Applications E 101-42110-311 Data Processing Communicat on E 101-41900-401 Repairs/Maint-Office Equip E 101-42110-401 Repajs/Maint-Office Equip ToUl LOGIS $196 50 $196 50 $1.076 00 $30 00 $365 00 $38500 $3.06900 24443 24443 24443 24443 24494 24494 Internet 8/04 Internet 8/04 Police Records 8/C4 Henn Cty Connect SUS Server Install SUS Server InsUII Paid Chk# 079391 10/B/2004 LONG LAKE. CIIY OF E 101-43280-304 Engineering-Consulting G 601-16500 Fixed Asset-Const in progress E 101-43280-304 Engineering-Consulting Total LONG LAKE. CITY OF $86.40 20040042 $171 39 20040049 _$383 25 20040051 $64104 Paid Chk#* 079392 fO/8/2004 MCLEOD USA • PHONE BILLS.......... E 601-49400-321 Telephone $23 28 E 101-42110-321 Telephone $209 50 E 601-49400-321 Telephone $42 95 b 602-49450-321 Telephone $39 45 E 602-49450-321 Telephone S54 31 E 101-41900-321 Telephone $488 03 Total MCLEOD USA - PHONE BILLS $858 32 6045401 6845401 6845401 6845401 6345401 6845401 Engineering - 04-3016 LUOrono Interconnect Engineering - 04-3016 Phone Service Phone Service Phone Service Phone Service Phone Service Phone Service Paid Chk# 079393 10/8/2004 MERCURY WASTE SOLUTIONS. INC E 101-42110-404 Repairs/Mamt-Bldgs/Grounds E 602-49450-406 Repairs/Mainl-Swr Imes/lifts E 101-41900-404 Repairs/Maint-Bldgs/Grounds ToUl MERCURY WASTE SOLUTIONS, INC Paid Chk# 079394 10/8/2004 MIDWEST AQUA CARE E 613-49830-404 Repa.rs/Maint-Bidgs/Grounds ToUl MIDWEST AQUA CARE $49 60 208860 $100 00 206860 $60 6 3 208860 Waste Disposal Waste Disposal Waste Disposal $21023 $674 00 9/27/Q4 2004 Pond Maintenance $67400 Paid ChM 0793^‘ >0/8/2064 ~wnNN^^ .................... E 602-49450-381 Gas & Elect/ic $96 00 200000676606 Sewer • 2090 Shoreline ToUl MINNETONKA BEACH. CITY OF nlwChKe 079396' To/8/2064 $96 00 MN COUNTY'Aft^N^^^ ASSOC" CITY OF ORONO 10/OB/04 11:05 AM Page 6 *Check Detail Register® OCTOBER 2004 Check Amt Invoice Comment E 101-42110-322 Postage Total MN COUNTY ATTORNEYS ASSOC. $5 00 13144 Shipping • DWI Materials $5.00 Paid Chki 079397 10/8/2004 MR AUGIES COFFEE SERVICE‘ E 613-49900-092 Soft Drinks For Resale _____$49 50 21626 Total MR AUGIES COFFEE SERVICE Coffee for Resale $49.50 • • 4 » mr S* PaidChk# 079398 10/8/2004 MTGF E 613-49830-437 Training & Development Total MTGF $100.00 Steffenhagen Pesticide Recertification $100.00 ‘Paid Chk# 079399io/8/Y664 mtVdIst c6.“ * E 613-49830-221 Equipment Parts & Accessories E 613-49830-221 Equipment Parts & Accessories E 613-49830-223 Bldg/Grounds Maint Supplies Total MTIDISTCO. Paid Chk# 079400 10/8/2004 NAVARRE HARDWARE » • -— - • — • • • •- E 613-49830-223 E 601-49400-227 E 613-49830-223 E 601-49400-221 E 101-42110-201 E 601-49400-240 E 613-49830-223 E 101-42110-201 E 601-49400-227 E 601-49400-223 E 613-49830-221 E 101-42110-221 E 101-42110-228 E 101-43000-224 E 101-43000-224 E 101-41900-404 E 613-49830-223 E 101-42110-221 E 101-43000-224 E 101-43000-224 E 613-49830-221 E 101-41900-404 E 601-49400-227 Bldg/Grounds Mamt. Supplies Utility System Maint Supplies Bldg/Grounds Maint Supplies Equipment Parts & Accessories Office supplies Small Tools and Minor Equip Bldg/Grounds Maint. Supplies Office supplies Utility System Maint Supplies Bldg/Grounds Maint Supplies Equipment Parts & Accessories Equipment Parts & Accessories Training Supplies Street Maint Materials/Suppty Street Maint Materials/Suppty Repairs/Maint-Bkjgs/Grounds Bldg/Grounds Mamt Supplies Equipment Parts & Accessories Street Maint Materiats/Suppty Street Mamt Matenals/Supply Equipment Parts & Accessories Repairs/Mamt-Bidgs/Grounds Utility System Maint Supplies Total NAVARRE HARDWARE $76.28 436268-00 Ben $37 29 436268-01 Hole Cutter ($81.03) 7/6/04 Credit on Account $32 54 $16.56 140520 Misc Supplies $1.91 140554 Ammonia $1591 140675 Nuts/Bolts $6 36 140730 Battery $5 08 140761 Velcro Tape $1383 140767 Charger ($10 96) 140797 Return - Latch $6.38 141040 Light Bulbs $2464 141066 Galv Nipples $7 96 141101 Filters $9632 141113 Bulk Cham $4.78 141202 Caulk $6 26 141304 Hinge $1276 141351 Marrking Paint $5 11 141389 Njts/Bolts $12.00 141441 Cleaning Supplies $32.50 141468 Misc Hardware3 $0.95 141526 Yardstick $1.66 141561 Nuts/Bo<ts $10.20 141664 Wasp Killer $24.77 141736 M*sc Suopites $12.44 141739 Cleaning Supplies $2870 141748 Galv Couplings $336.14 Paid Chk# 079401 10/8/2004 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone $806 00 506573311-03 Police cell Phones ToUl NEXTEL COMMUNICATIONS $806 00 PaidIChM 079M2 *' 1 0/^004 NORTHERN DEWATERING INC E 601-49400-240 Small Tools and Minor Equip $166.14 17100 ToUl NORTHERN DEWATERING INC Hydrant Parts $166 14 Paid Chk# 079403 10/8/2004 0*SULLtVANS • HOUDAY 546 E 101 -421 10-402 Repairs/Maint-Auto Equip _____$17 57 Sept Tout O'SULLIVANS - HOLIDAY S46 Car Washes $17 57 Paid Chk# 079404 10/8/2004 O'SULLIVANS HOLIDAY 547 * CITY OF ORONO Check Detail Register® 10/08/04 11 05 AM Pago 7 OCTOBER 2004 E 101 >42110^02 Repairs/Maint-A'jto Equip ToUl O'SULLIVANS HOLIDAY 547 Paid Chi(#'07M05'” i6/8/20d4' "OBERAIGNER, SCOTT E 602-49450-227 Utility System Main!. Suppli" s __ Total OBERAIQNER, SCOTT Paid cWA'oVgibe”''10/8/2004 officeoepot ’' E 101-42110-201 Office supplies E 101-41900-201 Office supplies E 101-42110-201 Office supplies E 101-41900-201 Office supplies E 101-42110-201 Office supplies E 101-41900-201 Office supplies ToUl OFFICEOEPOT Pa'td Cliki" 679407 ’ " 'iO/HfiOCA ’' OiL AIR'pROOUCTS In C. E 101-43000-221 Equipment Parts & Accessories _ Total OIL AIR PRODUCTS INC. Paid Chk#' 679408 " 10/8/2004'' OTTEN BROTHERS......... E 601-49400-405 Repairs/Mainl-Watermams/plant E 613-49830-223 Bldg/Grounds Maint Supplies Total OTTEN BROTHERS Paid Chk#"0794b9 16/8/2604 ‘ OWENS cbMPANl'ES, INC E 601-49400-404 Repairs/Maint-Bldgs/Grounds ToUl OWENS COMPANIES, INC S31.50 9/30/04 $31.50 $128 36 257342097 $128 35 257342097 ($25.67) 258683047 ($25.68) 258683047 $35.75 258683052 $35.75 258683052 $27686 Pipe Threading Office Supplies Office Supplies Return - Ink Cartridges Return - Ink Cartridges Office Supplies Office Supplies • » * 0- •• • $5 11 353030 $5.11 $129 93 8/23/04 $40 67 9/1/04 $178.60 Hyd Hose Parts Sodmift Flowers • GC $81666 79243 DehumidiFer - Well 3 I » . 9m * ^ Paid Chk# 079410 ■lO/e/2004 PLUNKETTS E 101-41900-404 Repairs/Maint-Bldgs/Grounds ToUl PLUNKETTS $816 66 $207 68 418670 $207 68 POWERCLEAN COMPANY INC.'Pa’dC'hV# 079411 '10/8/2004 E 101-42110-407 Janitorial Services E 101-41900-407 Janitorial Services Total POWERCLEAN COMPANY INC. Paid Chk# 079412 ' ’*^10/8^2004' ' PIUMRIE OFFSET E 101-41900-201 Office suppl es ToUl PRAIRIE OFFSET $87498 10225 $1.069 43 10225 Pest Control - 9/2004 Janitorial Service - 4/2004 Janitorial Service - 4/2004 $1,944.41 $473.41 120685 Bus Cards, Letterhead $473.41 Paid'chk# 079413 1O/8/2O04 PROTECTION ONE E 101-41900-489 Other Miscel' ^neous Charges Total PROTECTION ONE $179 00 12677951 Alarm Service -10/1-12/31/04 $179.00 'Paid Chk# 079414 10/8/2004 QWEST E 613-49830-321 Telephone $61 19 9524739904 Phone Service ToUl QWEST $61.19 Paid Chk# 079i415 10/8/2004' “rescue VEHl'CLEsWIOWA E 227-45500-550 Automotive Equipment $’09.000 00 10/2004 E 425-48945-550 Automobve Equipment ToUl RESCUE VEHICLES OF IOWA $20403 00 10/2034 Nav Fire Rescue Vehicle Nav Fire Rescue Vehicle $129.403 00 ?5d C'hk#‘07Mi6 ld/8/2004‘ '"ri CKS SUPERVALUE E 101-41300-489 Other Miscellaneous Charges $291 30 801/04 Emp PicniC CITY OF ORONO Check Detail Register® 10/08M 11:05 AM Paged OCTOBER 2004 Check Amt Invoice Comment E 101-41300-489 Other Miscellaneous Charges E 101-42110-439 Meeting Expenses E 613-49900-093 Concessions For Resale-Txbl Total RICKS SUPERVALUE $209.49 9'1/04 $24.50 9/23/04 $50.09 9/30/04 Emp Picnic Bakery items Concessions for Resale $57538 Paid Chk« 079417 10/8/2004 SAMARITAN TIRE CO INC E101.4211 0-221 Equipment Parts & Accessories • % •% $210.00 197430 Snow Tires Total SAMARITAN TIRE CO INC $21000 Paid Chk« 079418 10/8/2004 SBC PAGING E 101-42110-321 Telephone Total SBC PAGING $131.23 20261010043 Police Pagers $131 23 PaidChk# 079419 10/8/2004 SIMPLOT PATNERS-NATIONAL SEED E 613-49830-223 Bidg/Grounds Maint. Supplies $431.33 415578S1 Fertilizer Total SIMPLOT PATNERS-NATIONAL SEED Paid ChK# 07942b' W8/20bi SNYDER DRUG*i5lT25 $431 33 E 101-42110-228 Training Supplies Total SNYDER DRUG #5025 $16.55 0088 Balloons • Firearms $16.55 • «« % — Paid Chk# 079421 10/8/2004 SNYDER DRUG #5039 E 101 -42110-221 Equipment Parts & Accessories E 101-42110-201 Office supplies Total SNYDER DRUG #5039 $26 57 2875 $4 64 2876 Batteries Puffs $31.21 ‘.i. • •• • Paid Chk# 079422 10/8/2004 STATE TREASURER E 101-42400-437 Training & Development E 101-42400-437 Training & Development ToUl STATE TREASURER $35.00 Oman $35.00 Vang $70.00 Sp Mech Code Seminar Sp Mech Code Seminar Paid Chk* 079423 10/8/2004 STEFFENHAGEN, RON E 613-49830-223 Bldg/Grounds Maint. Supplies $44 56 9/29/04 Keys, Mugs Total STEFFENHAGEN. RON STREICHERS “ E 101-42110-226 Clothing & personal equipment $44.56 Paid Chk#" 079424......10/8/2004 E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment R 101-39680 Sale of Equipment E 101-42110-402 Repaifs/Maint-Auto Equip Total STREICHERS $11990 1211328 $179 95 1211879 $4595 1212315 ($506.45) 1212798 $52670 1212798 Trousers - Dembouski Boots - Dembouski Shirt - Dembouski Light Bars Light Bar installation $366.05 Paid Chk# 079425 10/8/2004 THORPE DIST CO. E 613-49900-091 Beer For Resale E 613-49900-091 Beer For Resale Total THORPE DIST CO. $44 50 349457 ($11.45) 50450 Beer for Resale Credit on Account $33 05 ‘^aidSw5("079426 ^lb/872d04‘ fkbX ' E 601-49400-405 Repairs/Maint-Watermains/plant Total TKDA $223 73 200400001302 Leak Location $223 73 Paid Chk# 079427 10/6/2004 UNIFORMS UNLIMITED E 101-42110-226 Clothing & personal equipment ToUl UNIFORMS UNUMITEO $368.49 239012 Hat Badges $368.49 Paid Chk# 079428 10/8/2004 UNIVERSITY OF MINNESOTA -*-■ - CITY OF ORONO 10/08/04 11:05 AM PagtS Check Detail Registerd) OCTOBER 2004 Check Amt invoice Comment E 101 -430(XM37 Training & Deve opment Total UNIVERSITY OF MINNESOTA $195.00 Gapoa MPWA Fall Conference $195.00 PaidChk# 079429 10/B/2004 VALLEY-RICH CO E 601-49400-405 Repairs/Maint-Watermains/plant ToUl VALLEY-RICH CO $1.948 37 8630 Main Break • 3525 Lyric $1,948.37 Paid Chk# ‘ 079430 10/8/2004 ^ VERIZON DIRECTORIES E 613-49830-340 General Advertising Total VERIZON DIRECTORIES $18.20 390009338716 Dir Adv-GC $1820 ChKi~0'7943i ‘ 1 6i&2QOA “VERizO/* LESV E 101-41900.321 Telephone Total VERIZON WIRELESS S134.19 3562743601 CellPhOMS $134.19 ’Slid CVw'07'9432' fo/a2064’*'VERMEEW6F'MINNET6fA E 227-4SS0O-S80 Other Equipment $25,458.64 R 227-39680 Sate of EquipmenI ($5.000 00) Total VERMEER OF MINNESOTA $20,458.64 3740 3740 BC1400XL Brush Chipper Trade In-BC1250 Paid Chk#~67M33 ~ ' 10 ’/W0d4 VOOT HEATING S'/UR E 101-41900-404 Repalra/Maint-Bldgs/Groundt ToUl VOOT HEATING a AIR a « # .• mm • $8900 21627 Furnace Check $89.00 >aid*Chk# 07W3r *' 10/8/2004 WRIGHT HENNEPIN ELECTRI c E 602-49450-381 Gai & Electric $22.77 E 101-43000-381 Gas & Electric $33 72 E 101-43000-381 Gas & Electric $23.71 Tout WRIGHT HENNEPIN ELECTRIC ' $80 20 3113009200 Electrical Service 3113009200 Electrical Service 5015782900 Electrical Service • A a. e ^ a -• •« Paid Chk# 079435 10/8«004 XCEL ENERGY E 101-42260-381 Gas & Electric Tout XCELENERGY $384 40 118154914726 Electrical Service $384 40 Paid Chk# 079436 10/8/2004 YOUNG, JACKIE E 101-42400-319 Other Professional Services E 101-41300-319 Other Professional Services Total YOUNG. JACKIE $205 00 $165 00 9/20C4 9/2004 Plan Minutes - 9/20 CC Minutes -9/13 $370.00 10100 Primary Cash $212,638.26 CITY OF ORONO *Check Detail Register® 10/08A)4 11:05 AM Page 10 OCTOBER 2004 Check Amt Invoice Comment Fund Summary 10100 Primary Cash 101 GENERAL FUND $36,511.92 225 PARK FUND $252.27 227 IMPR/EQUIP CAPITAL OUTLAY FUND $130,396.14 231 DRUQ/FELONY FORFEITURE FUND $1,140.00 234 LURTON PARK $901.71 406 PERMANENT IMPROVEMENT REVOLVE $2,000.00 425 NAVARRE FIRE STATION PROJ FUND $22,925.58 601 WATER OPERATING FUND $4,252.34 602 SEWER OPERATING FUND $10.64926 613 GOLF COURSE $3,410.76 651 STORM WATER UTILITY OP FUND $198.26 $212,638.26 I