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02-10-2003 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 10,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon b> 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 ihe sign in sheet. ROLL CALL ^FEB 1 0 2003 OATH OF OFFICE Mayor Barbara Peterson Council Members Jim Murphy and Bob Sansevere Cl Mf ur UhOi^u CONSENT AGENDA I. Approve/Amend APPROVAL OF MINUTES 2. Amend Minutes of the Regular Council Meeting of January 13,2003 • 3. Regular Council Meeting of January 27,2003 APPEAL 4. Reconsideration of Appeal of Narrows Saloon Liquor Violation Penalty Fee PARK COMMISSION COMMENTS - Debora Halvorson PLANNING COMMISSION COMMENTS - Jeanne Mabusth PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINIS1 RATOR'S REPORT * 5. #02-2753 Wesley Byrne, 2817 Casco Point Road - RcalTirm Plan Approval - Resolution * 6. #02-2854 Kevin Manley. 1973 Fagemess Point Road - Variances/Conditional Use Permit Resolution * 7. #02-2861 Erik Thompson, 1940 Concordia Street - Variances - Resolution * 8. #02-2862 Steven Gronwall, 1586 Long Lake Boulevard - Variances - Resolution * 9. #02-2863 Richard Kail, 3753 Casco Avenue - Variances - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 10. Request for Final Payment - Uackberry' Park Improvements I (. Purchase of Bobcat Skid Steer Loader 12. Navarre Fire Station Project Development Costs CITY ADMINISTRATOR'S REPORT 13. Long Lake Fire Station Certificate of Substantial Completion 14. Change of Funding Source for the Change Order Number 4 Portion of Application and Certificutc for Payment Number 9 for the Long Lake Fire Station AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 10,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KEI.LEY PARKWAY, ORONO, MINNESOTA 15. 16. 17. 18. 19. Lease with North Memorial Medical Center for Space for Ambulance Crew in the Long Lake Fire Station Establish 2003 Navarre 1-irc Station Capita] Project Fund and Inlcrfund Loan Purchase of Unmarked Police Vehicle 2003 Police OfTiccr Contract Settlement Automated Pawn System (APS) Service CITY ATTORNEY'S REPORT 20. LICENSES Kennel License Renewals Special Event Tobacco License Renewals * 21. BILLS UPCOMING ISSUES AND EVENTS 2003 02/10 •Council Meeting, 7:00 p.in. 02/17 - HOLIDAY. Presidents ’ Day 02/19 - Planning Commission. Wednesday, 6:30 p.m. 02/24 - Council Meeting, 7:00 p.m. 03/03 - Park Commission Meeting, 7:15 p.m. 03/10 - Council Meeting, 7:00 p.m. 03/17 - Planning Commission, 6:30 p.m. 03/24 - Council Meeting, 7:00 p.m. s I! Public A ttendance MEtTINU DA'I'E 0 jlO / iJ i Council □ Planning Commission □ Park Commission □ Other Please fill out the information requested BEIX)W for our city RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER I. 2.. 3.. 4. 5. 6.. 7. 8. 9. 10.. II. 12. 13.. 14. 15. 9AHaia\AMBiiuaU*f • OMiVf OIIMi\riBUC.Arr KKQIJRST FOR COUNCIL ACTION I 0 200.i CITY u^ ol DATE: Fcbruaiy^^J ITEM NO: 2 Dcpaiimcnt Approval: Naait RonMooree Tllle City Administrator Administrator Reviewed:Agenda Section: City Administralor's Report Item Description: Request to Amend the Minutes of the January 13.2003 Council Meeting Steph:ny Orand has requested the minutes of the January 13,2003 Ct>uncil meeting be amended to delete the second sentence of paragraph 10 on page 9 (see attached) which reads “ Anderst stated he had 3 of her bad checks". Ms. (irand has indicated the statement is completely untrue, and it is unfair to her to have the statement in the olVicial City Council meeting minutes. As Mr. Anderst hits indicated he was mistaken regarding the statement, it is recommended the minutes be amended to delete this sentence, and the sentence be expunged from the oiVicial minutes. COUNC IL ACTION REQUESTED: Motion to amend the minutes of the January 13,2003 Council meeting to delete the .second sentence of paragraph 10 on page 9,which reads “Anderst stated he had 3 of her bad checks ”, and to expunge the sentence from the oiVicial minutes. 1 J w «» ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13,2003 3. Appeal of Narrows Saloon Liquor Isolation Penalty Fee—Continued Burrolt staled that Council could waive the fine, but should get a written agreement from Anderst stating that he understands the offense would remain and a second violation would carry the apptuptiutc penalty. lie stated that because Anderst was not present at the time, his testimony is hearsay, and the waitress pleaded guilty to the charge. Murphy stated that because the waitress failed to curd the officer, there was a violation of the law. She paid her $400 fine. He asked where the bar's responsibility came into it. Anderst slated that he has spent more than $500 to insure against such incidents. Mayor Peterson stated the bottom line is that she didn’t card the officer. Anderst stated the report claimed the bartender served the drink at the bar, which is untrue. He stated the waitress is a college student who preferred the fine and probation to fighting the charge in court. I Ic staled he only wanted the fine against the bar c.xcused. He admitted it happened and understood that the second offense would carry a stiff penally. Barrett stated the City should prepare a document to be signed by Anderst stating that he admitted to the violation and understood the consequence of a second violation. He asked what precedent waiving the fine would set. Murphy asked if Anderst would share the refunded fee with his waitress. He replied he would not, because it was her mistake. Moorsc a.sked if the Narrows staff had attended Orono Police workshops before the incident. Anderst replied many of his staff had. but the waitress in question had not. He was not sure if she had attended one since. While slated he supports the City ’s program and the fines. He asked if the City could hold his check for 6 months, and if there are no violations within that period, return the $500 fee then, but if there is another violation, then the $500 check would be cashed and the line for the second offense would be implemented. Sansevere stated that would set a preeeilent that bars could avoid paying fees on first o flenses. Mayor Peterson stated that she received a call from Stephanie Grand asking that the City not let Ander.st go without paying the fine. Anderst stated he had 3 of her bad checks. Murj)hy slated that he has been sober for 20 years and had mixed feelings about the issue. He staled he would vote in favor of it, but wanted Anderst to be a complete advocate for the City ’s eflbri.s to prevent underage and over-drinking. t MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 Cnt 7:00 o^clock p.m. FEB I 0 200j ROLL CllYOFOfio, The Council met on the above iiieiitionetl date with the following members pteieiit. Mayor Barbara Peterson; Council Members Jim Murphy, Jay Nygard, and late arrivals Jim White and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:03 P.M. Jim White arrived at 7:06 P.M., after the Consent Agenda Motion. CONSENT AGENDA 1. Approve/Amend Items #13,14,15,16,1 7, and 20 were added to the Consent Agenda. Murphy moved, Mayor Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of January 13,2003 Murphy moved. Mayor Peterson seconded, to approve the Minutes of the Regular Council Meeting of January 13,2003 as presented. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS - Pat Wolfe Wolfe had nothing to report but offered to stay for questions. PLANNING COMMISSION COMMENTS - David Rahn, Representative Rahn had nothing to report, however, indicated he would stay for questions. Council Member White arrived at 7:06 P.M. LMCD REPORT - Lili McMillan McMillan was pleased to report that, in December, Hennepin County approved funding for two additional deputies. She reported that the shoreline count, performed by boat, indicated many trends, for instance; boat storage is up by 10%, with riparian storage up as well, personal watercraft, pontoons, and fishing boat counts were also up. Sailing was PAGE I of28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. LMCD REPORT - Continued down slightly. Although the report is done every two years, McMillan indicated that the LMCD would like to complete a count again this year, if time permits. McMillan pointed out that, studies and counts such as this, bring questions to bear like how much storage can we have on the lake before it affects quality issues. McMillan reported that, thankfully, Minnestrista denied the 13 boat Upland Farms boat marina. She reiterated how important it is to keep density down by denying platted outlets. Murphy questioned how tributaries would be affected by development of outlets. While she felt the Ordinance did not go far enough, McMillan stated that the current ordinance only allows electric motors on the tributaries. Although this does not necessarily solve the problem for communities like Minnetrista, McMillan stated that Orono is on the right track. PUBLIC COMMENTS There were none. 18. REQUEST FOR RECONSIDERATION OF THE COUNCIL’S ACTION REGARDING THE APPEAL iik' THE NARROWS SALOON OF A LIQUOR VIOLATION PENALTY - moved up on the agenda Administrator Moorse explained that. Sergeant Eriekson, on behalf of the Orono Police Department has requested that the City Council reconsider the waiving of the civil penalty and impose the full amount of S500 for a first offense violation. Moorse reported that, at the previous City Council meeting. Sergeant Erickson had left prior to the public hearing to attend a different meeting and missed the opportunity to provide the City Council with important background and detail regarding the liquor violatioti. The police department was requesting the City Council schedule a new public hearing. Nygard moved, Murphy seconded, stating that Sergeant Erickson made a very’ compelling argument to the City Council to allow a new public hearing to reinstate the alcohol compliance civil penalty’ for the Narrows Saloon. Stunned by the differences between the Sergeant ’s report and the report he heard from the Narrows Saloon at the last meeting, Murphy pointed out the importance of having a police department representative present at these public hearings in the future. He asked the Sergeant if he had any question in his mind about the sequence of events related to the alcohol violation. Sergeant Erickson stated there was no question. PAGE 2 of 28 iM MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. (REQUEST FOR RECONSIDERATION OF LIQUOR VIOLATION PENALTY Continued) For clarification. White stated that it was the City Council that made the mistake at the last Council meeting allowing the public hearing after the police department representative was called away to another meeting. The police department was by no means, at fault. In fact, White stated the department representative was on time to the meeting, it was the other side that was late, thus delaying the public hearing. Since the public hearing was delayed, the police department representative was called away. White pointed out that the Council should not have considered the issue and held the public hearing without having both sides present, therefore they will be rescheduling the public hearing. VOTE: Ayes 4/0. Mayor Peterson noted that the rescheduled public hearing would likely take place at the first City Council meeting in February. ZONING ADMINISTRATOR’S REPORT *3. #02-2753 WESLEY BYRNE, 2817 CASCO POINT ROAD - PLAN REVISIONS Gaffron explained that the applicant was granted a 75-250’ hardcover variance in March 2002 for major additions to the existing residence. The variance was granted based on a finding that the existing residence building and foundation would not be altered as part of the remodeling, and that no lot arca/width variances were necessary because the existing house walls and foundation will remain, without structural repairs. Gaffron noted that a condition of approval was that if it was determined that the existing foundation would need to be replaced or repaired, all variance approvals would be withdrawn and a new variance application submitted. Not discussed in the approvals was the fact that a portion of the existing house was 6 ’ from the side lot line where a 10 ’ setback was required. Unclear also, during the original review, was that the roofiine in the substandard setback was intended to be raised, requiring a side setback variance, which was not addressed in the approval. Only recently, the building inspector noted that the second stor>- of the existing residence had be.n completely removed, including the portion encroaching past the side setback. Gaffron added, that further, it has been determined that the portion of foundation below the first story wall with substandard setback is not adequate to support the first floor without major repairs, much less replacement of the second story. Gaffron pointed out that replacement of the removed second story in the substandard setback clearly requires a variance. At a public hearing on January 22, 2003, the Planning Commission reviewed the issues. The adjacent neighbor nearest the structure made PAGE 3 of 28 MINUTES 07 THE ORONO CITY COUNCIL MEETING Monday, Januar>’ 27,2003 7:00 o ’clock p.m. (1102-2753 WESLEY BYRNE, Continued) comments in support of the applicant and the Planning Commission reached the following conclusions: 1. Both the applicant and City bear some responsibility for the misunderstanding of what additions were intended and what roof expansions were actually being proposed. 2. In 2002, the Planning Commission felt they were primarily approving additions to the existing residence, and the existing residence would not change substantially. The Planning Commission felt the extent of the removals now far exceeds what they expected. 3. The applicant's structural engineer has identified verbally that the foundation below the remaining first floor requires renovation to continue to serve the first and second floors. 4. The Planning Commission recommended that within the 10’ side yard, the applicant should be allowed only to retain or replace structure within the envelope of the original house walls and roof. Therefore, the building plans would have to be revised to match, not exceed, the original spaces that pre-existed, and the second story roof may not be raised beyond what previously existed. While functionally granting a variance to allow construction within the side yard, the vote on the above conclusion was 6-1, with Alternate Hannaford in the minority opinion that due to the circumstances the applicant should be allowed to construct the expanded 2nd story as shown in the plans. Mr. Byrne stated that throughout the planning stages of the project he had worked closely with planning staff to design a proposal that, he believed, covered all his bases. He acknowledged that he probably should have provided better drawings originally, however, maintained that the drawings had not changed from what the City had seen from the start. While he had anticipated some problems with a 60 year old foundation, he wasn’t aware of the extent of the demolition that would be needed versus repair. After several uneventful visits by Inspector Lyle Oman, he was unaware that 7 months into construction^ the project would be halted. Mr. Byrne asked the Council to allow him to build the home he had originally planned and submitted, adding that to change things now that the trusses were built and w indows bought would be very costly to him. Mayor Peterson asked how far along the construction was when Lyle Oman had visited. Mr. Byrne pointed out that the inspector had been out on occasion. He believed the last visit had been when the footings of walls and the basement had been inspected. As of late Inspector Bruce V’ang, along with his own structural engineer identified the necessity to correct the silt plate and rot along the foundation. PAGE 4 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. • w. .w. %. - (#02-2753 WESLEY BYRNE, Continued) White believed, while both sides were at fault, nothing would be gained by cobbling a house together. He felt the applicant was making great improvements to the property. Gaffron maintained that the issue was one of encroachment versus hardcover. Mayor Peterson asked if the applicant would be encroaching further than before. Gaffron indicated that the encroachment was not closer but higher mass would be added. Murphy asked what would be gained by requiring the applicant to jog in his second story. Mayor Peterson asked what the neighbor’s opinion had been. Gaffron reiterated that the neighbor was in support of the design as submitted. With regard to the jog, Gaffron pointed out that the City requires a 10 ’ side yard setback. The question here is a feeling of visual density, of too much house for the lot, which the Planning Commission wrestled in it’s last meeting. Murphy inquired w hat the plans showed in the original drawings. Gaffron stated that, while Mr. Byrne has the original drawings, which were approved with him, the volume is what wasn ’t apparent in March 2002. Commissioner Rahn stated that he had been present at both the original approval and the review and had he been aware of the vertical encroachment with the original submittal, the Commission would have likely not allowed it. Mayor Peterson asked if this plan was what was originally approved. Gaffron confirmed this, acknowledging that the vertical side setbacks were not considered. White stated that, in his opinion, the City approved this house and he found it difficult to change the requirements now. Nygard pointed out that massing usually is dealt with as a matter of sunlight or views and how massing impacts neighbors. In this case, he felt massing was irrelevant. Mayor Peterson and White concurred. Attorney Barrett indicated that one basis the City could use to allow the original plan to go forward would be to say they are simply going to reaffirm the original motion, versus granting a new variance that would make future applications difficult to distinguish the difference. PAGE 5 of 28 I'-It W‘ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o'clock p.m. (#02-2753 WESLEY BYRNE, Continued) Nygard moved. White seconded, to reaffirm the original motion, which allowed the property located at 2817 Casco Point Road to develop in conformance with the original site plan attached as exhibit B. Mr. Byrne asked if he could fix the foundation. The Council stated he would be requited to do so. \'OTE: Ayes 4, Nays 0. 4. #02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, “2550’’ WAYZATA BOULEVARD WEST - RESOLUTION NO. 4915 a) REQUEST FOR FINAL APPROVALS b) SALES TRAILER APPROVAL Gaffron explained that on December 9, 2002 the Council voted 5-0 ‘to approve the language’ of the draft with final Council adoption of the Resolution Granting Preliminary Plat approval and General Development Plan approval to occur when MCVVD approvals were granted and any remaining engineering issues were resolved. The motion also included approval of the development fee structure as set out in the staff memos of December 4, 2002 and December 6,2002. Additionally, Council noted that the City would provide the applicant a letter defining the City ’s support of the project, at the applicant’s request. On January 14, 2003, staff. Wallace Case, and the applicant reached an agreement on which aspects of the specific recommend.itions of the landscape plan were incorporated as requirements. As the applicant’s bank has suggested that the Ciiy ’s approval is key to completion of the financing for purchase of the land, Gaffron reported that the applicant has requested that Council grant General Development Plan and Preliminary' Plat approval by adopting the proposed Resolution, subject to conditions necessary to give the City assurance that the City ’s interests in the project are protected. The purchase must be closed by the Februao 7, 2003 option expiration date. Gaffron pointed out that the Stonebay Development property is one of a small number of areas the City has guided for higher density residential development to enable a broader range of housing options. Late in the development review process, the issue of providing a number of units at affordable cost levels was introduced, the developer proposed to subsidize a small number of units to reduce the price. The subsidy was going to cost the developer $200,000 to 5300,000. At the time, the Council felt this to be a small token effort to make a small number of units more affordable. It was then suggested the money be placed in an affordable housing fund to be used for future affordable housing projects. The developer indicated this would be agreeable as long as the City had a program in place PAGE 6 of 28 MllaMUi MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. («02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) and this development was not being singled out for the afTordabic housing payment. As the Council was unclear of the City's role in the housing issue, it was determined that a housing workshop be held to enable the Council to gain a better understanding of the issue, prior to making any decisions about a housing program. Gaffron continued that, during the course of recent discussions with the developer, Dahlstrom indicated that he felt the issue of funding for afforcable housing in relation to the Stonebay development had been taken o(T the table; therefore, there was no funding related to a contribution toward affordable housing built into the financing of the project. Gaffron noted it is staffs recommendation that the Stonebay developer make a contribution toward affordable housing with the following conditions: The developer does not need to make the contribution up-front, with timing of the contribution being worked out between staff and the developer. If the City has not put in place a program to assist the development and preservation of affordable housing within one year, the contribution docs not need to be made. With regard to the latest site layout revisions, Gaffron pointed out two significant changes for the Council to consider: 1) because it is expected that MCWD will not approve wetland fill for creation of Northwest Lane, the developer is proposing a bridge over a 100 ’ finger of wetland that was originally proposed to be filled 2) because it is expected that MCWD will not approve certain minor wetland buffer encroachments along North Lane, the latest layout shows 3 rambler townhome units encroaching into the required 35’ setback from the north boundary of the property Gaffron maintained that the Council must reach a conclusion on whether the setback variances should be granted and whether sufficient vegetative growth exists, or more should be added to protect the separation to the homes in Widow View (which are 300 ’ awav). Gaffron pointed out several additional changes that would result from the revised layout including: - The number of units with drivew ay access to Northwest Lane increases from 19 to 20, while designated on-streci parking is reduced from 1 7 to 6 stalls. PAGE 7 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) - The charactei and feel of North Lane becomes more ‘open’, as the number of units with driveways accessing North Lane reduces from 16 to 12. - With regard to the wetland encroachment of the 26' Orono setback by buildings, roads and trails, staff does not have a problem with ihe minor wetland and/or buffer impacts proposed which generally pose no greater impact to the actual wetlands themselves as compared to the approved concept plan. Gaffron pointed out that the drainage emergency overflow issue has been resolved, as the applicant has revised plans to show such an overflow across Kelley Parkway west of the main entry road. With regard to the pending MCWD approvals, Gaffron stated that, it appears, Mike Wyatt of MCWD, is in support of the current site plan and wetland impact/mitigation plan. Although it will not go before the MCWD board until February 27, GafTron indicated that Mr. Wyatt believed the wetland bufTer variances are the main issues remaining for discussion. As the Concept Plan Approval resolution would not be granted until MCWD permits are in hand, Gafl'ron stated that, from staffs perspective, the Council has the option of adopting the General Development Plan and Preliminary Plat Approval resolution subject to at least four impotiant conditions: 1. If MCWD approvals result in revisions to the site plan and preliminary plat, the changes are subject to review by the Council and the Council has the option to not accept the changes. 2. .A firm commitment is needed from the developer regarding the payment of the various development fees based on the amounts or formulas as defined in Council's approval of staff recommendation December 9. 3. A firm commitment is needed from the developer regarding payment of a contribution toward tiic City's affordable housing program in lieu of providing units within the project. 4. If there arc significant revisions to the site plan, the amenities, or any other aspects of the approved plans, the City Council rcser>'es the right to further review and accept or reject those changes. Gaffron suggested the Council review page 14 of the Resolution, which establishes the conditions that must be met before final plat approval and/or before rezoning would occur. Gaffron noted that the developer has indicated that he is willing to sign a waiver of any vested rights he may have accrued by obtaining preliminary plat approval, to give the City PAGE 8 of 28 MbiMUILa MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. (I^02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) an additional level of comfort with granting the approvals requested. Finally, Gaffron explained tha* the applicant has requested a temporary sales office trailer be located on the commercial outlot at 12/Willow for approximately I year until model units are available or it can be moved into the site north of Kelley Parkway. Once again, Gaffron noted that, based on the fact that the majority of the pending issues have been resolved or arc expected to be resolved, and based on the inclusions of various disclaimers, caveats, and waivers already discussed and appearing in the Resolution, staff recommends adoption of the proposed “Resolution Granting Preliminaiy Plat Approval and General Development Plan Approval for Planned Unit Development No. 4' subject to rny additional conditions Council feels are appropriate. While there were four things that MCWD was comfortable with. Gaffron was unsure whether they would support the wetland buffer impacts and variances. Since the wetlands have been defined and accepted by MCWD, as indicated earlier, this has affected the layout of the northerly parcels, thus, requiring minimal structural impacts where comers of buildings abut the buffer zones and setbacks. He noted that staff is comfortable with granting these variances. Mayor Peterson asked whether staff was comfortable with the reduction of on-street parking spaces. As each unit offers 2-3 stalls of parking on-site, Gaffron did not feel the reduction would have a large impact on parking overall. Adding that the developer had substantially met the standard, Gaffron asked if Couneil would like to require additional parking. Murphy felt the reduction was caused by the new wetland delineation and did not feel additional parking was warranted. Steve Johnston, ol Landforms Fngincering, pointed out that the need for variances was necessary atkr the MCWD connected several small wetlands. By connecting these smaller wetlands, MCWD made it virtually impossible to avoid the wetland area altogether, thus requiring variances to allow one unit 10* away from the property line. He maintained that the homes would still be 330* away Iroin the nearest house thru a natural buffer. Johnston also noted that the developer would prefer to keep the garages on the sides to improve the street side approach aesthetically. Murphy asked if the natural buffer w as a buildahle site. Gaffron pointed out that the land would not be built on since it was created spcctfically as a buffer outlot for W'illow View. PAGE 9 of 28 ____ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o*clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) Johnston stated that the developer could obtain a 20’ setback without turning the buildings, however, they would lose the ability to offer three car garages and the garage doors would face the road. By asking for a 10 ’ setback, Johnston stated that they could retain these things, and he didn ’t believe there was a significant difference between a 330 ’ versus a 340 ’ buffer setback from Willow View. He reported that the wetland fill required for the project had been reduced by 4/10 of an acre. White asked how the wetlands would be marked, in order to protect the wetlands during construction. Gaffron slated that the City would expect silt fencing along the buffer areas and that all the workers would be familiar with the delineation. Johnston concurred, stating that the development would be surveyed w ithin the delineation and silt fencing installed. Sansevere arrived at 8:03 P.M. Although conversations with MCWD have been favorable, Murphy reminded everyone that buffer issues are critical to them. Johnston stated that, while Orono requires 26’ buffers, MCWD buffers often vary 10-40'. He indicated that, obviously, there would be no buffer where fill was required, however, the nortlieast buffer area had been connected requiring the widest buffer zone. White stated that the wetland delineation has proven a difficult task and he was glad to see the issues were nearly resolved. Murphy reminded the developer that, while staff is going along with this, if the MCWD board doesn ’t support their proposal, there is not much the City can do. W'ith regard to the General Development Plan Approval condition number 2, Gaffron reported that Mr. Dahlstrom had agreed to the required development fees. In reference to the aflbrdable housing contribution, Gaffron indicated that Mr. Dahlstrom would prefer that an affordable housing program already existed here. While he supported the concept, Dahlstrom had reserv ations about supporting or pledging money to something that doesn ’t exist currently. Moorse stated that the City’s commitment would be to hold an affordable housing workshop to attempt to put together a housing program. PAGE 10 of 28 ! MINUTES OF THE ORONO CITY COUNCIL MEETING Mooday, January 27,2003 7:00 o*cIock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) White asked whether Dahlstrom had submitted a proforma to the City, stating that he was hesitant to make a recommendation about money without reviewing the proforma. He believed the City would be better off having more affordable housing units built into the project as proposed earlier, than to have a lump sum of money in a fund with little appreciation. Dahlstrom stated that it was difficult to build in affordable housing at this stage now, as the financials they submitted did not include these units. He noted that much has changed with regard to the development over the past three months and believed a cash contribution would be the best suggestion, however, he was unsure what size contribution the City would not deem a token sum. Murphy stated that to publicly say the City does not support affordable housing would be detrimental, however, what constitutes affordable housing in Orono needs further dialogue. Unfortunately, Murphy stated, this development has been caught in the middle of these discussions, as this parcel was guided for some affordable housing. He noted that things would be far easier if a proper endowment fund existed to put these funds into. Murphy stated that he believed Mr. Dahlstrom would help further the affordable housing effort and the city ^^■ould be better off with his participation, personally and financially, in these discu:sions. Murphy felt the City could be better off also rehabbing current homes in the market for affordable housing, than requiring they be added to this development, recognizing the need for further discussion. Dahlstrom pledged his help in furthering the whole process, by promising to be a contributing member working with the City to sort out the affordable housing question. He reiterated that he did not know how much money to pledge, however, believed the community would be far better serv'cd, by he t^.d his stalTs time and knowledge to develop an alTordable housing position. Sansevere stated that he was uncomfortable, midstream, .saying let’s start a new affordable housing program. Ma> or Peterson concurred, stating that the affordable housing matter was new to Orono. She asked the Dahlstrom group to participate in. and lend their expertise, to the City’s affordable housing work session. White reiterated that he believed it would be remiss of the City not to require some affordable housi- j in the development. He maintained that the City would sec little more developments Iikc this and he wished to have time to review their proforma. PAGE 11 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) Dahlstrom pointed out that they had supplied their financial data to the City's financial advisors th'-ee months ago. As originally proposed at 235 units, Dahlstrom maintained that the development has lost some of its ability to provide affordable housing with merely 162 units remaining. He noted that no one really knows where to go with the affordability question. White asked what the project could carry, according to affordability, which would not be a windfall but would satisfy the City’s needs. Murphy suggested they talk further about this in a work session, since he was reluctant to say we are doing affordable housing, when actually the City is not. Again, Murphy noted there were homes throughout Orono that could be fixed up. Dahlstrom stated that a process needs to be in place and offered his resources, including Don Soley, to contribute to creating an affordable program for Orono. Mayor Peterson indicated that there were many unresolved issues that could not be looked at tonight and felt she could not lean either way. Gaffron stated that the Council needed to get through four issues tonight, if possible. Attorney Barrett stated that, while it is difficult to have two bodies making final decisions, the developer has agreed to give up vested property rights. He believed the City could approve the Preliminary Plat tonight, with final Preliminary Plat and PUD Ordinances adopted in mid February. Murphy moved, Nygard seconded, to accept staffs recommendation with regard to the setback variance, approve the location of the temporary sales trailer, and accept Dahlstrom's offer to participate in an affordable housing work-shop and supply’ the City with the necessary resources, in the spirit of cooperation in which it was offered; and adopt Resolution No. 4915 reflecting the new language granting Preliminary Plat Approval and General Development Plan Approval for Planned Unit Development No. 4. Johnston asked il the wetland variance for encroachment per staff s report was allowed. Murphy confirmed that the encroachment variance was granted allowing for slanted garages as requested. Public Comment Megan Bennett, 500 Hanlon Avenue, stated that, supposedly, this development was going PAGE 12 of 28 ililiiiiii MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) to supply affordable housing units from the beginning. She questioned where the issue had gone, and why, as the original proposal had included affordable housing units, the developer believed the requirement went away with the units. She was concerned that Orono does little to provide affordable housing for all individuals, and maintained that a reasonable calculation to determine the required number currently exists in the comprehensive plan. For example, a 162 unit development should provide 10% as affordable, $170,000 or less based on Met Council figures. She encouraged the City Council to take the time to look at this formula, and it’s comprehensive plan, rather than losing this opportunity to provide adequate work force housing. Margaret Callahan, 3265 Sixth Avenue North, a teacher in the Orono school system, stated that, unfortunately, most teachers can’t afford to live in the community where they teach. She encouraged the Council to wait to decide on the affordable housing issue until they have more information. She added that she is one of those people, Murphy referred to, who rehabbed an old home in Orono in order to live in the community more affordably. She believed Orono needed to do more to provide housing to its working class citizens. Sanscverc stated that there must be ceilings for affordable housing, adding that unfortunately, the City can’t supply affordable housing slated specifically for it’s own working class citizens. White agreed, stating that, obviously, residency cannot be required. Callahan stated that she was merely trying to provide the Council with an image of the people they are excluding when affordable housing docs not exist. While formulas do exist. White stated that an effective formula for Orono should be tied to the value of the property. He maintained that other Cities arc faced with this same alfordabic housing problem and cautioned the Council to deem the wetlands more impi>rtant than it s people. He telt he would not be content with the issue until a human scale could be created. Murphy maintained that he would not be comfortable supporting a snap decision or adopting another City’s ordinance with regard to alTordable housing until Orono does it’s homework, lie felt adopting this resolution, which includes Dahlstrom’s pledge, to provide the financial and/or professional resources to create an affordable housing position was the best the City could do at this time. Sansevere complimented the public, stating that they were responsible for bringing the affordable housing question to the Council’s attention. PAGE 13 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.ni. (^02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) Dick Kroeger, 65 Stubbs Bay Road North, stated his surprise that the developer felt the affordable housing issue was no longer relevant, when to Kroeger ’s knowledge, it had been discussed and included in every written record put out from the beginning. He maintained that following the Met Council suggested calculation was not ‘rocket science'. For example, take the average price of a home in Orono $250,000 less the Met average of $170,000 community wide = $80,000 X 16 (10% ofthe development) = $1.25 million. He felt $1.25 million to be the dollar amount Dahlstrom be required to contribute. He reiterated the importance of quantifying an amount now, if not now, when. He cited that construction in Orono was nearly maxed out, and urged the Council to say 10%, quantify its solution, and get a pledge for this significant amount tonight. White asked whether they could postpone a decision with regard to affordable housing until after the work session scheduled somewhere between February 15-28. He also suggested staff involve Long Lake in the affordable housing work session. Sansevere asked why it was not suitable to have affordable housing in Long Lake, Maple Plain, or Independence. Kroeger pointed out that they already have affordable housing and by law, Orono should also. With regard to the setback variances, Gaffron stated that these would be included with the w etland buffers. Murphy moved, Mayor Peterson seconded, to accept the location of the proposed temporary sales trailer. VOTE: Ayes 4/0/1, Smsevere abstaining. Murphy moved. White seconded, approving the setback variances and wetland encroachment. VOTE: Ayes 4/0/1, Sansevere abstaining. Sansevere abstained, as he arrived late and missed part ofthe discussion on the subjects. Murphy revised his earlier motion. Nygard w ithdrew his second. Murphy moved. Mayor Peterson seconded, to accept Mr. Dahlstrom’s offer to provide resources, capital, manpower, knowledge, and/or participate at the workshop in order to come to a resolution on what the resources will be with regard to the affordable bousing contribution. White asked if they could make a stronger statement and believed it was not too late for the developer to add affordability to the development. He believed it would only require a small number of units. PAGE 14 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, January 27,2003 7:00 o'clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) Murphy felt it was too late to make units a requirement. Mayor Peterson asked whether the Council had previously believed they would accept payment in lieu of units. Murphy stated that the affordability question was far bigger than this one development. Sansevere stated that he would prefer to table this discussion and go through the workshop first, before making a final recommendation. Dahlstrom stated that, a density of 6 units today doesn’t automatically translate to affordability, as costs continue to go up the density needed for affordability will also increase. He believed that the services he and his people could provide to help design a program that could work would be far more valuable. Murphy asked what would be wrong with accepting this offer. Dahlstrom indicated that the discussion surrounding the affordable housing question would likely be a year long effort at least. Sansevere stated that he needed more information. Nygard stated that, if the City were serious about having affordable units available, the City could allow him to add units to accomplish this. By allowing him to alter the density to specifically add affordable units, the issue could be addressed. WTiite indicated that there were other issues to discuss and he would be unwilling to support the motion until they talked more. With regard to tabling the discussion, Kendra Lindal of Landforms, indicated that if the developer does not have approval this evening, the project would likely be going away altogether since they would miss the deadline of February 7. Since the discussions have been ongoing for a year, she asked the City to grant some sort of approval this evening in order to reassure their bankers, and promised to continue to work w ith the City toward an atfordable housing resolution. She added that this new housing development would cost less than any other housing in Orono. Nygard asked if they could approve this as a preliminary plat. Barrett reiterated that the developer had given up vested rights and that the City, on a legal basis, had the statutory authority to make decisions about the development and negotiate for more units later. PAGE 15 of 28 nrmtriri-atMii iiMun,-i % MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o'clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) Murphy stated that, as he had intended his motion, there were no limitations on the developer’s level of participation. Dahlstrom stated that he had no problem understanding the City’s reasoning, however, from a business end, the equation does not reflect true market conditions. Again, he offered his expertise as a builder and business person in the development of a realistic affordable housing program. Murphy pointed out that he had suggested the City hold a work session prior to the holidays last year, and nothing ever happened, here they are just getting to it now in February. He maintained that the City needs to get this done without holding either side hostage. Dahlstrom stated that he had provided the City with the financials they requested earlier. White asked the developer, if he were allowed to add additional housing, for example 3 more lofl units, whether these units could be made affordable units. Dahlstrom stated that, in concept, adding those units should absolutely work since that would not affect the infrastructure costs. Dahlstrom stated that, taking out the other issues, if the City chose to go that route he could commit to that now. White stated that he would like to compel that and include that in the motion. Nygard stated that he would second that. To go one step further, Nygard suggested the City allow the developer to present the City with a proposal adding up to 10% more housing, if they are affordable units. Sanseverc asked if the current motion could provide the City Council with the option of invoking additional affordable housing if they choose after holding the work session. Murphy questioned whether adding more detail to the motion discourages flexibility. Barrett stated that, if the Council wished to amend the motion on the floor including more decisive power, they would need to state the requirement, be it financial payment, more units, or deny the plan. White stated he would support the requirement for additional affordable units being added. Nygard felt 5% of affordable units would be a fair requirement. PAGE 16 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o*clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) Sansevere indicated that he would hesitate to assign precise numbers and felt the City should maintain a way to back out should the work session indicate a different direction. Dahlstrom stated that, while he could build units, the City would need a program for affordability to go along with them. Murphy questioned what additional units would do to the other issues, wetlands, parking, etc. Mayor Peterson questioned whether this would, in essence, be forcing the developer to start over. Dahlstrom indicated that would not be the case. Once again, Murphy repeated his motion, pointing out that capital (could mean units) and encouraged the Council to trust the developer to be true to his word to work with the City on the issue. Sansevere asked if capital could truly mean units. Nygard indicated he preferred to state a number of units. Dahlstrom asked where spaee for 5+ units would work best. Johnston indicated that two more units eould be added to both levels of the loft building, gaining four more units. Sansevere asked Attorney Barrett which motion gave the City the most flexibility. Barrett pointed out that the motion made by Murphy gives the most amount of flexibility. Nygard stated that White’s mandate would provide long term results. Sansevere stated that if the original motion made by Muiphy could take the form of what White’s mandate proposed, if the Council so chose, he would support that. Barrett agreed the motion contained enough flexibility to do so. Johnston stated that he believed they could add units to make affordable housing work, however, he felt the problem with the motion was that it left the contribution totally undefined. He maintained that the developer wouL ■ ,eti to have an idea of a cap, as the motion was too ambiguous. PAGE 17 of 28 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. (#02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, Continued) Nygard stated that he felt the developer was comfortable with 5%. White agreed, indicating that a cap would give them some protection so that someone would not come back with a totally unreasonable request. Kroeger reiterated, the fact that, the first motion fails to quantify anything. It simply states that the City will be asking for something, but they don’t know what yet. White suggested they add the statement that the ‘potential for increased density’ does e.\ist. Nygard repeated that he felt a good compromise would be to require S%. Dahlstrom stated that it made him nervous that the City was trying to create an affordable housing philosophy in a mere hour and a half. Gaffron asked Murphy to repeat his motion. Murphy moved. Mayor Peterson seconded, to accept the developer’s, Mr. Dahlstrom’s, proposal to participate in devising and implementing a program for affordable housing, and his offer to provide resources that could include, capital, and/or units, and/or manpower, and/or brainpower. VOTE: Ayes 3, Nays 2, White and Nygard dissenting. Gaffron stated that the language of the motion would be added to the Resolution. Murphy moved. Mayor Peterson seconded, to approve Resolution No. 4915 with the added language. VOTE: Ayes 5, Nays 0. *5. #02-2850 JOHN AND PATRICIA WALKER, 1318 SPRUCE PLACE - VARIANCE -RESOLUTION NO. 4916 Murphy moved. Mayor Peterson seconded, to approve and adont RESOLUTION NO. 4916, a Resolution granting rear yard setback and hardcover in 75-250’ setback variances to construct a 216 s.f. deck to the existing residence located at 1318 Spruce Place. VOTE: Ayes 3, Nays 0. PAGE 18 of 28 - ■*— L MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, January 27,2003 7:00 o’clock p.m. *6. #02-2852 JENNIFER AND TROY KOOPMAN/PATTY AND DWIGHT AFFELDT, 4753 TONKA VIEW COURT AND 4765 TONKA VIEW LANE - LOT LINE REARRANGEMENT - RESOLUTION NO. 4917 Murphy moved. Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4917 , a Resolution granting a Lot Line Rearrangement for the properties located at 4753 Tonkaview Court and 4765 Tonkaview Lane. VOTE: Ayes 3, Na>s 0. 7. #02-2854 KEVIN MANLEY, 1973 EAGERNESS POINT ROAD - VARIANCE AND CONDITIONAL USE PERMIT GafTron reported that on January 22 the Planning Commission held a public hearing and reviewed the request. On a 6-1 vote, the Planning Commission recommended after-the- fact approval for certain items of grading in the 0-75* lakeshorc setback zone, and recommended adoption of the staff recommendation, as follows: 1. Approval of Option 1, with the addition of downspouts and gutters, because it brings the walkout level elevation back to what it was originally. While Option I raises the grade to its original elevation, it does not restore the side slopes. 2. The applicant and his contractors shall strictly adhere to the revegetation and planting plan to ensure adequate screening or softening of the wall system as well as the building facade, and to provide long term soil stability. 3. Construction of the boulder wall system be performed by a highly qualified contractor and/or under direct supervision of the same. 4. The construction shall adhere to the required grades, and proper construction of the “first-flush ” system and installation of gutters/downspouts to result in the degree of water quality control the plan intends to accomplish. 5. Applicant shall ensure that the ongoing work is subject to qualified inspection during the construction process. 6. The landscape plan shall incorporate additional tree plantings in the lakeshore yard to help soften the visual impact of the retaining walls and exposed facade. The minority vote was of Chair Smith, who indicated she was in favor of a plan that w ould also result in restoration of the sideslopes. GafTron explained that there was not significant differences between the three Options presented to the Planning Commission, however, he believed Option 1 most closely restored the site to what was originally there. PAGE 19 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o ’clock p.m. (#02-2854 KEVIN MANLEY, Continued) Murphy questioned what staff considered a ’highly qualified contractor' to be and how to ensure the applicant understands the definition. He pointed out that the City performs qualified inspections on an ongoing basis already, and questioned how further monitoring could be enforced. Suarez stated that he w'as well aware of what it would take to get the job done correctly and was familiar with experienced qualified contractors. He assured the Council that they would find the right person with the right background for the job. Mayor Peterson asked if Mr. Manley had anything to add. Manley stated that he wished only to get the job done and questioned whether placement of additional trees would necessitate them being planted in front of the lower windows. Gaffron stated that property owners are allowed to do selective cutting as to not obscure their views of the water and suggested he plant the trees outside the continued lines of the house. While the applicant w’ould end up with a natural and well-maintained yard, Gaffron could not commit to how many trees it would require to get there. White moved, Nygard seconded, to approve an after-the-fact variance and conditionai use permit per the Pianning Commission recommendation, and to direct the appiicant to work with staff to determine the number of additional tree plantings falling outside the continued lines of the house that are necessarv. VOTE: Ayes 5, Navs 0. Gaffron indicated that the final resolution would be on the next City Council agenda. *8. #02-2855 KEVIN GARNETT, 450/480 ORONO ORCHARD ROAD SOUTH - RENEWAL VARIANCE AND CONDITIONAL USE PERMIT - RESOLUTION NO. 4918 Murphy moved, Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4918, a Resolution granting a renewed variance and conditional use permit to permit construction of a new ’’guest house ” on the property located at 450-480 Orono Orchard Road South. VOTE: Aves 3, Navs 0. PAGE 20 of 28 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. *9. #02-2856 ANDREW AND TRACY RASCHER, 4705 NORTH SHORE DRIVE VARIANCE - RESOLUTION NO. 4919 Murphy moved, Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4919, a Resolution granting average lakeshore, structure within 75% and hardcover within 75* of the lakeshore variances to replace an existing 288 s.f. second story deck, built in 1968, attached to the principal structure located at 4705 North Shore Drive. VOTE: Ayes 3, Nays 0. *10. #02-2857 CYNTHIA PIPER, 1125 SPRING HILL ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4920 Murphy moved. Mayor Peterson seconded, to approve and adopt RESOLUTION NO. 4920, a Resolution granting a conditional use permit to permit a guest apartment within the primar>- residence located at 1125 Spring Hill Road. VOTE: Ayes 3, Nays 0. 11. #02-2860 SUNSTATE CONCEPTS, INC, 1955 HERITAGE DRIVE VARIANCE - RESOLUTION NO. 4921 Gaffron explained that the applicant is planning to build a 2-story residence (for resale) on the existing foundation of the 1-story house that existed on this site from 1963 until recently. A front setback variance is required based on the location of the publicly maintained road/cul-de-sac, which exists merely via prescriptive easement w’ithin the SW comer of the lot. A side setback variance is requested by the applicant to allow a 4-cur detached garage to be constructed as a 2-story attached 4-stall garage. Gaffron pointed out that additional factors to consider include the location of the wetland as it may affect the proposed deck on the NE comer of the house, and the status of the septic system vs. potential connection to municipal sewer. The Planning Commission recommendation of January 22 recommended approval of the lot area variance; denial of the side setback variance, indicating there is insufficient hardship to justify granting of the variance; approval of the front setback variance relative to an ‘alternate* plan which results in no side setback variance, and a defined front street setback ot appro.ximutely 35*. Gaffron pointed out that the Planning Commission further recommended that the new home be connected to municipal sewer rather than reconnecting to the existing septic system, on the basis that the rebuild would otherwise result in a virtually new residence with a 20-year old septic system w ith no alternate site. Finally, the Planning Commission recommended that the applicant have the wetland delineated prior to consimetion of the 2nd-story deck to ensure it meets the minimum wetland setback. Saiiscverc asked the applicant if he wanted the sewer hook-up. PAGE 21 of 28 . < MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o*clock p.m. (#02-2860 SUNSTATE CONCEPTS, Continued) Mr. Gorr, of Sunsta'c Concepts, stated that he would prefer the option to do so, but not be required to hook-up. Sansevere asked if there was precedent where a new home with the option to hook up to city sewer chose to remain w ith a septic system. Gaffron stated that the home had not been assessed as part of a sew’er project and has a system designed for a four-bedroom home serving the residence, which the new home would be. With regard to the sewer project at Shoreline/Heritage, Gappa stated that it was assumed that once the homes were replaced, they would automatically hook into municipal sewer. Murphy asked what the cost of hook up would be. Engineer Kellogg indicated that approximately 700 feet of line and connection would likely run $17,000. White asked what the house would likely sell for. Gorr stated that the home would be listed at roughly $850,000 - $900,000. Sansevere questioned why the applicant wouldn't want to hook up the new home to sewer. Gorr indicated that he would like to be free to make that an option to the new owner. Sansevere stated that, if the new owner was wilting to spend that kind of money on a new home, they would probably want new sewer. Kellogg stated that it would be difTicuIi to judge when an already 20 year old system would fail. Gaffron added that, although the new home would be designed as a four-bedroom home, there is potential for greater consumption and usage. Murphy maintained that the City had been under the assumption that, given the opportunity to hook up to municipal sewer, rebuilds would do so. Moorse reminded the Council that the City would unlikely allow a major remodel to rebuild with only a septic system. PAGE 22 of 28 A, MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o*clock p.m. («^02-2860 SUNSTATE CONCEPTS, Continued) Gaffron concurred, stating that a rebuild would not be allowed to remain since it would not meet septic guidelines. This application is the same, there is a conforming system, however no alternate site for the septic. Murphy asked what would happen to the remaining piece of driveway/garage slab with construction. As he was trying to w'atch expenses, Gorr stated that the excavator would remove the whole slab and reuse the existing foundation. With regard to the potential for a future trail through the neighborhood, Murphy felt they could not allow the home to be built any closer to the rail corridor. Gorr felt the rail, the wetland, and the proximity of the cul-de-sac provided him with adequate hardship trying to build on this property. In addition, Gorr felt the 2-acre zoning district was inaccurate. Gaffron stated that the City purposefully chose that zoning to disallow dividing lots. He agreed, were the lot in the 1-acre zone, the applicant would merely need to meet a 10 ’ side setback and 35’ front setback. White concurred with the Planning Commission recommendation requiring the applicant to hook up to municipal sewer. He was concerned that, if the applicant did not do so, the new owners would be saddled with an unexpected problem. Gorr pointed out that the sewer inspector had led him to believe that there was no requirement requiring him to abandon the existing conforming system if he stayed with a four bedroom home. He argued that he wasn't even aware that the sewer was in question until Wednesday of last week when he went before the Planning Commission. In fact, he maintained that he had spoken to Paul Weinberger and Lyle Oman prior to purchasing the property regarding these issues. Gaffron stated that staff tries to answer the public’s questions, but on occasion, the final determination cannot be made until all of the facts are considered. Gaffron reiterated that staff was currently proposing what they felt to be the right thing to do. Sansevere agreed that the only reason for pause, might be that the applicant believed he could keep the existing septic and bought the home on that premise. Sansevere asked Gaffron if he felt strongly that this be the recommendation. PAGE 23 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. (#02*2860 SUNSTATE CONCEPTS, Continued) Gaffron stated that this is a new house, new construction, and should be required to hook up. He felt that, if a new family moved in and had trouble with the system, the City would surely have to answer questions as to why it wasn't required in the first place. Mayor Peterson moved, Murphy seconded, to approve and adopt RESOLUTION NO. 4921, a Resolution approving the Planning Commission recommendations (a - e) for the residence located at 1955 Heritage Drive. VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT Mayor Peterson reminded the Council Members to join her at the new Fire Station the following evening at 5:30 P.M. PUBLIC SERVICE DIRECTOR’S REPORT 12. NORTH LONG LAKE EAST SEWER Public Service Director Gappa explained the background of the 2000 Comprehensive Plan MUSA area expansions and the $22,085 connection fee for residents of the North Long Lake project. Recently, the City received a letter requesting sewer from John Crotteau, property owner at 1405 Sixth Avenue North, which is located adjacent to the North Long Lake sewer project. The property owner is remodeling and enlarging the house, which requires replacing the existing nonconforming septic system or connecting to sewer. Gappa reported that, initially, Mr. Crotteau was told that the current connection fee would be $22,085 plus the costs to extend a pressure sewer from the end of the existing sewer to his property, which is approximately 200 feet. Gappa indicated that Crotteau raised concern about the fairness of paying the $22,085 connection fee plus the costs of extending sewer to his property based on the fact this fee is nonnally used for properties within the project area that have sewer across or along the street in front of their property. The letter requested that the connection fee be credited the amount it costs to extend a sewer connection stub to the property in a reasonable location for hookup as if the property were in the sewer project area. Gappa stated that another issue for consideration would be that this property would be served by a pressure sewer system, which reduces the value of the sewer because the property owner is responsible for the purchase, installation, and maintenance of his own grinder pump station. Gappa noted that staff was of the opinion that Mr. Crotteau raises a legitimate issue that merits consideration by the City. PAGE 24 of 28 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o^clock p.m. NORTH LONG LAKE EAST SEWER - Continued Gappa stated that the 2000 MUSA expansion area, south of County Road 6, could logically be divided into two separate areas for possible sewer projects labeled A and B. Mr. Crotteau’s property is the second easternmost property in area A, and there does not appear to be strong interest in a sewer project from the other three residents in the middle of area A. Gappa pointed out that a preliminary cost estimate for the installation of a pressure sewer system across area A would run approximately SI6,000 per unit. Because area B would be a separate project area, and none of the residents have expressed any interest in obtaining sewer, Gappas indicated that staffs recommendation would be they not be considered for sewer at this time. Gappa stated that consideration for sewering the entire area A was used to determine an appropriate connection fee for Mr Crotteau, as well as, the City completing a project to extend the sewer across his property with a service stub for the property. The property owner would pay the project connection fee of SI 6,000 plus provide casements, at no cost, for extension of the sewer across his property. The property owner w ould also be responsible for hiring his own licensed plumber to install a grinder pump station and connect to the service stub. Completing Phase I of the Area A sewer project would provide sewer service for Mr. Crotteau this spring. White inquired if the neighbor, the Dayton’s, had expressed any interest in the sewer project. Mr. Crotteau indicated that he had spoken to his elderly neighbor and that there may be some interest, however, he will let them set it up with the City themselves if they choose to pursue it. White clarified that the previous $23,000 was costly, whereas, the current Phase I plan more realistic at $16,000. Sansevere moved, Murphy seconded, to approve the staff recommendation regarding the allocation of costs to the Crotteau property, located at 1405 Sixth Avenue North, for the extension of sewer service. N'OTE: Ayes 5, Nays 0. PAGE 25 of 28 e MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o’clock p.m. CITY ADMINISTRATOR’S REPORT *13. PAY REQUESTS - LONG LAKE FIRE STATION Murphy moved. Mayor Peterson seconded, to approve the payment requests from General Office Products Company in the amount of $49,500.72, E. Weinberg Supply and Equipment in the amount of $3,491.07, and Municipal Emergency Services in the amount of $3,001.00, to be paid from the joint fire station account VOTE: Ayes 3, Nays 0. *14. APPLICATION AND CERTIHCATE FOR PAYMENT NO. 9 - LONG LAKE FIRE STATION Murphy moved. Mayor Peterson seconded, approving Application and Certificate for Payment No. 9 from Rochon Corporation in the amount of $244,541.07, to be funded from the Joint Fire Fund. VOTE: Ayes 3, Nays 0. *15. DECLARATION OF REIMBURSEMENT INTENT FOR POLICE VEHICLE COSTS - RESOLUTION NO. 4922 Murphy moved, Mayor Peterson seconded, to adopt RESOLUTION NO. 4922, a Resolution Declaring Intent to Reimburse Police Vehicle Costs with Equipment Certificate Proceeds. VOTE: Ayes 3, Nays 0. *16. DECLARATION OF REIMBURSEMENT INTENT FOR NAVARRE FIRE STATION COSTS - RESOLUTION NO. 4923 Murphy moved. Mayor Peterson seconded, to adopt RESOLUTION NO. 4923, a Resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code, and authorizing the City Administrator to sign the attached Declaration of Official Intent VOTE: Ayes 3, Nays 0. *17. APPROVE INVOICE FOR 800 MHz RADIOS FOR LONG LAKE FIRE DEPARTMENT Murphy moved. Mayor Peterson seconded, to approve the proposed purchase of 800MHz radios for the Long Lake Fire Department, and the payment of the City’s $79,923.48 share of the cost, to be funded from the Improvement and Equipment Outlay Fund, and to amend the 2003 budget to reflect the expenditure. VOTE: Aves 3, Nays 0. 18. Addressed earlier PAGE 26 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:00 o*clock p.ni. 19. PERSONNEL MATTER Nygard moved, Murphy seconded, approving the staff recommendation regarding the personnel matter. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett had nothing new to report. *20. LICENSES Kennel License Renewal: 1. David and idi Hust 45 Smith Avenue Tobacco License Renewal 1. Grant Wenkstem Lakeview Golf of Orono, Inc. 405 North Arm Drive 5.Richard Bloomquist Rick ’s Super Valu 3333 Shoreline Drive 2. Navarre Citgo LeRoy Koehnen 3360 Shoreline Drive 6.Kenneth Galloway Wayzata Country Club 200 Wayzata Boulevard 3. Daniel Scherven Navarre Lanes, Inc. 3425 Shoreline Drive 7.Cindy Dehn Western Convenience Store 2160 Wayzata Boulevard 4. Navarre Liquors, Inc. Steven Corl 3421 Shoreline Drive i; Murphy moved. Mayor Peterson seconded, to approve all licenses. VOTE: Ayes 3, Nays 0. 1 *21. BILLS Murphy moved, Mayor Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. PAGE 27 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 27,2003 7:0b o’clock p.m. ADJOURNMENT Murphy moved. Mayor Peterson seconded, to adjourn the Orono City Council Meeting of January 27,2003 at 10:35 P.M. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 28 of 28 f ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION 'NG . c ^003 Date: 2-/6/^'3 Item No: /y Department Approval: Administrator Reviewed:Agenda Section Name: Title: Kurt Erickson Sergeant Item Description: Request to reinstate alcohol compliance civil penalty Exhibits: DISCUSSION: At the JanuaryB. 2003 Council meeting, Jim Anderst informed the Council of his position on the alcohol compliance failure that occurred at his business last July. He request the Council excuse the $500 civil penalty. 1 he council moved to excuse the fine amount if there were no same or similar violations in the next six months but that the violation it self would stand for the record. At the Januar>' 27, 2003 Council meeting, the Council heard a request from the Orono Police Department to reconsider the matter as information proN’ided to the Council by Mr. Anderst was not consistent with the information that the police department had. The Council elected to continue the matter till the Februar>' 10,2003 meeting. Both Mr. Anderst and the police department could then be present to offer their perspective on the matter. The police department through Police Chief Good did write Mr. Anderst, inviting him to the February 10,2003 meeting. This letter was hand delivered by CSO Herman to Mr. Anderst. COUNCIL ACTION REOlJF.STF.n: It is requested that the Council reconsider the waiving of the civil penalty and impose the full amount of the $500 for a first offense vioIatioiL Sent by: LAW OFFICES 4750311 ♦;02/10/03 16:21; J||IiHL-#579;Page 1/1 PETER W. JOHNSON ATTORNEY AT LAW nil iMnu by ■ppeintouateely:PlMi* direct all cerraapandance/ieqHiriaa le: 3MS COMMCBCK mHlILVAMD MOllNILMIMNiaOTA SSM4 TCUPNONK (M2) 4M-I«I0 FACSIMIMC (M2) 473-44M IMS CAST WAYMTA •OVIJCVAflO.SCITC )N WAV/ATA.MINNCSOTA S»9I 1 KI.RPIIONI (M3) 475-1515 FAC'SIMILK (MS) 4734011 eMAIt • PJOIINiON(lfWAV'/A I AI^W.COM OIRCCTDIAL: (952)475-1907 CELLULAR: (612) 741-1907 February 10,2003 SENT VIA FACSIMILE (9S2 2494616) The Honorable Barbara Peterson Mayor, City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Orono Liquor, Inc. d/b/a Narrows Saloon Dear Mayor Peterson Jim Anderst has authorized me to advise you that his request that the City Council reconsider civil penalties recently imposed due to Liquor License violations is withdrawn. Consequently. Mr. Anderst will not be appealing at this evening's meeting The fine has been paid and there is no pending request to rebate or return the fine payment. PWJ/hm cc via focsimile: Sgt. Kurt Erickson (G52-476-3028) . iiniaiftii I if)», iiaifiiii/rat aiuraaamjm B 4000 3600 D 3200 2800 2400 2000 1600 1200 800 400 w l! 1 »»Y7 aTA B1>VP f \J 0 $ HWt KCuiT f err.FAS ffS2L. • NIR. I 1 f I < .*< I -d L>J kxyir I 'C^ ___ O ■1200 —800 II ua is^yrTosKA AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 1( ORONO COUNCIL CHAMBERS, 2780 KELLEY PARIOVAY, ORONO, (*} Asterisk items arc considered to be routine items to be enacted ut>on by one motioi under the Consent Item* on the agenda. Memos regarding each of the Agenda item Public Packet - located on the counter near the signCiOti00l<^«. ------------- ROLL CALL FEB 1 0 200j CITY UrOATH OF OFFICE Mayor Barbara Peterson Council Members Jim Murphy and Dob Sansevere CONSENT AGENDA 1. Approvc/Amend APPROVAL OF MINUTES 2. Amend Minutes of the Regular Council Meeting of January 13,2003 • 3. Regular Council Meeting of January 27, 2003 APPEAL 4. Reconsideration of Appeal of Narrows Saloon Liquor Violation Penally Fee PARK COMMISSION COMMENTS - Debora Halvorson PLANNING COMMISSION COMMENTS - Jeanne Mabusth PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMLMSTIU\IOirs REPORT • 5. ##02-2753 Wesley Byrne, 2817 Casco Point Road - Reaffirm Plan Approve • 6. ##02-2854 Kevin Manley, 1973 Fagemess Point Road - Variances/'Conditio Resolution • 7. ##02-2861 Erik Thompson. 1940 Concordia Street - Variances - Resolutior ^ 8. ##02-2862 Steven Gronwall, 1586 Long Lake Boulevard — Variances — Rese • 9. ##02-2863 Richard Kail, 3753 Casco Avenue - Variances - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 10. Request for Final Pa>ment - Hackberry Park Iniprovcmcnls 11. Purchase of Bobcat Skid Steer Loader 12. Navarre Fire Station Project Development Costs CITY ADMINISTR.4TOR S RF:P0RT 13. Long Lake Fire Station Cenificate of Substantial Completion 14. Change of Funding Source for the Change Order Number 4 Portion of Applic; for Payment Number 9 for the Long Lake Fire Station AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY I ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY. ORONO, 15. Lease with North Memorial Medical Center for Space for Ambulance Crew. Station 16. Establish 2003 Navarre Fire Station Capital Project Fund and Interfund Lo 17. Purchase of Unmarked Police Vehicle 18. 2003 Police Officer Contract Settlement 19. Automated Pawn System (APS) Service CITY ATI ORNEY’S REPORT 20. LICENSES Kennel License Renewals Special Event Tobacco I icense Renewals • 21 Bins , REQUEST FOR COUNCIL ACTION i-cd i U 2003 Date: Item No.; ^ Dcpartmeiil Approval:Administralor Approval: Name: Michael P. Gaflron Title: Planning Director Agenda Section: Zoning Item Description: #02-2753 Wesley Byrne, 2817 Casco Point Road - Reaffirm Prior Approval - Resolution List of Exhibits A • Resolution On January 27 Council voted 4-0 to reaffirm the original approval granted to the applicant for construction of additions to the existing residence per the original plans attached to the previous resolution. A resolution documenting Council’s action is attached for review and adoption. Staff Recommendation Staff recommends adoption of the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION REAFFIRMING THE ORIGINAL APPROVAI TO ALLOW CONSTRUCTION PER THE APPROVED SITE PLAN ATTACHED TO RESOLUTION NO. 4768 FILE NO. 02-2753 WHEREAS, Wesley Byme and Brenda Byrne, (hereinaAer "ihc applicants") arc owners of the property located at 2817 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached “Exhibit A”, Hennepin County, Minnesota (hereinaAer "the property"); and WHEREAS, the applicants were granted variances for hardcover on March 11,2002 per the findings and conditions of City Council Resolution No. 4768 to permit additions to the existing residence; and WHEREAS, Condition 4 of Resolution No. 4768 stated as follows; “If it is determined the existing foundation is required to be replaced or repaired, all variances approvals shall be withdrawn by the City of Orono and a new variance application shall be submitted by the applicants.**; and WHEREAS, subsequent to issuance of a pennit for construction of the proposed additions, and aAcr substantial work had been completed on those additions, the pre-existing second story of the existing residence was removed due to structural integrity issues. A portion of the removed second stoiy had encroached into the required 10’ side yard and was considered as nonconforming, and therefore its replacement would nonnally be subject to meeting all setback requirements. It was further determined that substantial work on the foundation would be required, triggering the potential for further review; and WHEREAS, the issue was brought forth to the City Council on January 13,2003 and it was referred to the Planning Commission for a recommendation; and WHEREAS, the Planning Commission held a public hearingon January 22,2003 to review the status of the construction. Planning Commission concluded that in retrospect it was unclear during the March 2002 review that the applicant actually had proposed to raise the roof 3-4* within the substandard setback area. Planning Commission voted 6-1 to recommend approval for Page 1 of 3 replacement of the second story back to the original building envelope but not extending any higher within the substandard setback than previously existed; and WHEREAS, the City Council reviewed the application and the recommendations of staff and the Planning Commission, and concluded that although no side setback variance for second story expansion was specifically approved or documented during the prior review, the Council had approved the second story expansion without requiring a variance by its actions in March 2002 per building plans attached to Resolution No. 4768, that the plans had not changed, and that the applieant had relied in good faith on that approval to commence his construction project and had invested substantial sums toward that project. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that the approvals granted for construction of additions to the residence at 2817 Casco Point Road are reaffirmed, and applicant may construct the second story as depicted on the plans attached to Resolution No. 4768, and may repair or replace the foundation as necessary to support the structure above it. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of February, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 3 ■ M ---------■ 1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1 0th day of February, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN Date Application Received: 10*23*02 Date Application Considered as Complete: II-12-02 60«Day Review Period Eipircs: 1-11-03 60-day Review Period Eitended on 12-S-02 to: 3-12-03 Cr>» FEB 0 20U3 Ot I I wr REQUEST FOR COUNCIL ACTION Date: February 3,2003 Item No.: (jP Department Approval:Administrator Approval: Name: Michael P. GafTron Title: Planning Director Agenda Section: Zoning Item Description: #02-2854 Kevin Manley, 1973 Fagemess Point Road - Variance/CUP - Resolution List of Eihibits A- Resolution On January 27 Council voted 5-0 to grant approval for grading and lakeshorc bank protection including boulder retaining walls in the westerly 0-75’ lakeshore protected zone per Option 1, subject to a number of appropriate conditions. Council directed staff to draO a resolution for adoption on February 10, Such a resolution is attached as Exhibit A. Stiff Recommendation Staff recommends adoption of the alta. hed resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. Mai. 't A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 - FILE #02-2854 WHEREAS, Kevin and Janet Manley (hereinaAer "the applicants") are the owners of the property located at 1973 Fagemess Point Road within the City of Orono (hereinaAer "City") and legally described as follows: Lots 7, Fagemess, Hennepin County, Minnesota (hereinaAer "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of boulder retaining walls constituting hardcover in the 0-75' zone where no hardcover is normally allowed, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work is normally prohibited. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #02-2854. The property is 0.24 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on December 9, 2002 and again on January 22, 2003 pursuant to referral by the City Council. On January 22, 2003 the Planning Commission on a vote of 6-1 recommended approval of a hardcover variance to allow hardcover in the westerly 0-75' zone of the property in the amount of 1,539.6 s.f per revised Option 1 of the Page 1 of 6 I I submitted plans, and approval of a conditional use permit (CUP) for grading within the 0-75* lakeshore protected zone, based upon the following findings; a. b. e. In conjunction with an ongoing remodeling and addition project, the grade of the walkout level in the westerly 0-75' zone has been lowered by approximately 2', in violation of a 1998 City application denial for such work. This grading work was not covered by any permits issued by the City and has never been approved as part of any prior zoning application. The west lakeshore yard has been excavated and the west facade of the house has been opened up to a much broader width and height than the original house. This activity is inconsistent with long standing City policies and ordinances which prohibit 0-75’ land alteration to create a walkout situation. The grading activity to date on the west side of the house has left almost no vegetation intact and 90% of the lakeshore yard in a state of bare unprotected soil. The lakeshore bank as a result of wave action has been undercut and is need of rip-rapping and stabilization to limit further erosion. The applicants have provided three plan options for restoration of the lakeshore yard and protection of the lakeshore bank. Option 1 is preferred by the Planning Commission because it restores the grade elevation at the walkout side of the residence to that which existed prior to excavation. Option 1 creates a narrow lower area near the house and a walk-up to the yard. This lower area will be drained via a tile, and stormwater runoff to this area w'ill be minimized by use of gutters and downspouts. While Option 3 provides for a 4' wide stairway to the lakeshore and a boulder retaining wall system with a first flush drain zone to enhance ninofr quality, it does not restore the sideslopes at the top of the lakeshore bank to their pre-existing condition. The result is the need for additional vegetation to screen the wider facade of the house now visible from the lake due to the grading. Option 3 including the existing remodeled residence structure constitutes 1539.6 s.f of hardcover or 26.6% of the west 0-75' zone. Options 2 or 3 each would result in slightly lesser levels of hardcover but do not restore the grade ele\ ation adequately. Page 2 of 6 Mill f. 4. 5. 6. 7. A number of conditions regarding proper execution of the proposed grading and lakeshore bank protection work should be attached to the approval. On January 27, 2003 the City Council granted approval of the proposed variances and CUP to allow the applicants to complete the proposed work per Option I. Council directed that staff bring a resolution to the next Council meeting for adoption. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserx'e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75* lakeshore setback zones as proposed will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will such use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of th#* Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions I and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit to permit the construction of boulder retaining walls constituting hardcover in the 0-75' zone where no hardcover is normally allowed, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work Page 3 of 6 s» is normally prohibited per the submitted plan Option I revised to incorporate downspouts and guttere, and attached to this Resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones and within 5' of a lot line per said approved grading plan and site plan, subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. The only hardcover allowed in the westerly 0-75' zone without further variances is that shown on the approved plans attached. This resolution discusses only the westerly 0-75' lakeshore protected zone, and docs not purport to grant approval related to other portions of the property. Hardcover in the westerly 0-75' zone shall not exceed the square footages per the approved plan. Applicant and his contractors shall strictly adhere to the revegetation and planting plan to ensure adequate screening or softening of the wall system as well as the building facade, and to provide long term soil stability. Construction of the boulder wall system shall be by a highly qualified contractor and/or under the direct supervision of same. The construction shall adhere to the required grades, and proper construction of the first- flush system and installation of gutters/downspouts to result in the degree of water quality control the plan intends to accomplish. Applicants shall ensure that the ongoing work is subject to qualified inspection during the construction process. The landscape plan shall incorporate additional tree plantings in the lakeshore yard to help soften the visual impact of the retaining walls and exposed house facade. The additional trees shall be located just outside the extended side lines of the house to allow applicants to maintain an unobstructed direct view of the lake. The number, size and type of trees to be planted shall be first approved by City staff. Erosion protection as may be required by the Building Inspector and the MCWD shall be maintained at all times until the site is revegetated. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit within one year of the date of Council approval, or this variance w’ill expire on that date (February 10, 2004). Page 4 of 6 ► f miii 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 10th day of February, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of February, 2003, by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 i! i ^ I n ii STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 personally appeared before me, who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/affirmation of ________________, a credible witness and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .. 20 personally appeared before me. who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/afTirmation of _________________ a credible witness and who executed the foregoing instrument, and acknowledged that he/she/thcy executed the same as his/her/their free act and deed. Notary Public Page 6 of 6 ------- IR' m m W-^mmmi llpSilltepi irai^ifciiii •, < :) t: Application Date: 12/18/02 60 Day DcadUnc: 2/14/03 Department Approval: Name Wendy BoUenberg Title Planner REQUEST FOR COUNCIL ACTION FEB 1 0 2003 Cl 11 Or v«>ns^,,y^ DATE: ITEM NO.: 7 AgendaSection: Zoning Item Description: 802>2861 Erik Thompson 194n Concordia Street Variances Zoning District: Lo: Area: LR-1C One Family Lakeshore Residential District (.5 acre) 15,812 s.f. (.35 acre) List of Exhibits: A Resolution B Staff Report and Exhibits of 1 /22/2003 Pertinent Code Sections: 1. Section 10.25, Subd. 6(B): Front Yard Setback: To permit construction of a new second story to the existing residence which is located approximately 14’ from the front lot line where 30’ is required for the LR-IC zoning district. 2. Section 10.03, Subdivision 14 (C): Lot Coverage: In all zoning district, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. To permit 2,840 s.f. (17.9%) structural lot coverage where 2,371 s.f. (15%) is allowed. Application Summary: The applicant is requesting front yard setback and lot coverage by structure variances to construct a new second story to the existing residence on the property. Discussion: The existing residence was built in 1920. This property is one of two resulting from the replatting of Eagerness Green Subdivision which was approved December 10, 1973. There currently is a second story on the residence. It covers approximately % of the residence and has been constructed at several different times. The second floor and parts of the main floor have a variety of wall and ceiling heights. The main siding, windows and roof need to be replaced. The applicant is proposing to remodel the residence to move his family in. The footprint of the residence is not changing, nor its location. Due to the age and condition of the residence a structural engineer has determined the residence can handle the additional load of the new second story, but will need some additional footings and shoring up. The applicant is also proposing to remove hardcover and structure that exists on the property and adding structure and hardcover to other locations on the property. I The property was granted a variance in 1976 for the garage. It was built 8.4 ’ and 9.3’ from the side lot line. Also, in 1976, permits were issued for the decks and siding the garage. Front Yard Setback: The existing residence is located approximately 13’ from the front property line where 30’ is required in the LR-IC zoning district. The setback will not change with the new second story addition. While significant portions of the exiting first story may be removed as part of this remc..wl, the applicant *> Meves a majority of the first story which encroaches into the front yard setback will remai... Lot Coverage by Structures: The existing lot coverage by structures is 2,840 s.f. (17.9%). The applicant is proposing to remove structure and add structure but keeping it at 2,840 s.f. (17.9%). The lean-to and street deck removals will reduce two existing setback encroachments. Hardcover: The subject property falls in the 250-S00 ’ setback zone. The applicant is proposing to remove and add hardcover, and will slightly decrease the amount of hardcover by 46 s.f. The hardcover that exists on the subject property is 4,349 s.f. (27.5%) and the proposed amount is 4,303 s.f. (27.2%). Both are below the allowed 30%. A hardcover variance in the 250-500 ’ setback zone is not required. PLANNING COMMISSION: Planning Commission reviewed the requested variances and site issues at a public hearing held on Wednesday, January 22, 2003. Planning commission recommended as follows: 1. Approval of the front yard setback. 2. Approval of lot coverage by structure with condition of removing the shed. 3. If the part of the foundation which is located within the 30' front setback needs to be replaced, the application will be revisited. The vote on the above conclusions in the form of a motion was 5 to 1 , with Commissioner Marc Fiit/.ler in the minority, of the opinion that the proposed project was new construction versus remodel due to the potential of extensi%e first story removals. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. i i 4. The Planning Commission made Uie following findings of fact: A. Planning Commission finds that a lot area variance is not required since the existing house foundation and part of the first door walls will be used, without structural repairs. If the foundation which is located w ithin the 30’ front yard setback is found to be replaced, the application needs to be revisited and reviewed as new construction. B. The existing residence was built in 1920, prior to existing zoning standards. C. The hardship is the existing house location in relation to front lot lines. C.The hardcover in the 250-500’ setback zone is below the allowed 30%. D. Lot coverage by structures will be 17.2%, above the 15% limit. However, the applieant is removing the shed decreasing the amount of lot coverage by structure that currently exists on the property. E. The irregularly shaped property is due to a subdivision which occurred in 1973. F. The new second story will not adversely affect any adjacent neighbor ’s view of the lake. Cl. 1 he applicant has requested to add to the existing house rather than build a new structure on the property. I he owner has stated the existing foundation w ill not be removed or altered as part of the remodeling plan I he City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, fight, air. nor pose a fire hazard or other danger to neighboring property; would not merely serv'c as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and w ould be in keeping w itli the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and Page 2 of 6 recommendations of the Planning Commission, reports by City Stafl', comments by the applicant and the effect of the proposed variances on the health, satety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above ilndings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a second story to the existing house to be 14’ from the front lot line where 30' is required in the LR-IC zoning district and to permit 2,840 s.f. (17.9%) of structural lot coverage where 2,371 s.f. (15%) is allowed. Approval is subject to the following conditions: 1. The existing shed and all hardcover proposed fro removal is completed prior to a final inspection. 2. 3. 4. 5. 6. 7. f inal drainage plans shall be reviewed by City staff to ensure drainage is properly directed. The property shall be developed in conformance with the site plan attached as E.xhibit A. If it is determined the existing foundation which is located within the 30' front yard setback is required to be replaced, all variance approvals shall be withdrawn by the City of Orono and a new variance application shall be submitted by the applicants. Authorities granted by these variances run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (February 10,2004). Violation of or non-compliance with any of »he terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, Hs heirs, successors and assigns, hereby Page 3 of 6 I r agree to the recording of this resolution ir the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 10th day of February, 2003. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10th day of February, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day ofFebruar>‘, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN I \r. On this day of ,2003,personally appeared before me, ____ who is personally known to me ____ whose identity I proved on the basis of ..a____whose identity I proved on the oath/atTirmation of________________________ credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public , 2003,personally STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of______ appeared before me, ____who is personally known to me ____whose identity I proved on the basis of___________ ____ whose identity I prove J on the oath/affirmation of credible witness and who executed the foregoing i»-.strument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ..a Notar>’ Public Page 5 of 6 ■ «•' I srAvfff^ ;'i rjr t/ ^^5 H0U5(> V 0 ^ \ \ __ 10 '^ft \ /Y Ptr UAU-s Hl;U C/JMC. UMJPiMfa 10 4>^U-4o 0) 00 to 04 SM&P 10 i / \ ^rTE PIAM |"i PO'-O" ..wMfia r L 9 TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner DATE:January 15,2003 SUBJECT: t^02>2861 Erik Thompson 1940 Concordia Street Variances -- Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 15,812 s.f. (.35 acre) Exhibits: A Analysis Worksheet Application Hardship Statement Hardcover Calculations Survey Elevations Floor Plans Photo of Property Plat Map Property Owner’s List B C D E F G H 1 J Pertinent Code Sections: 1. Section 10.25, Subd. 6(B): Front Yard Setback: To permit construction of a new second stor> to the existing residence which is located approximately 14' from the front lot line where 30' is required for the LR-IC zoning district. 2. Section 10.03, Subdivision 14(C): LotCoverage: in all zoning district, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. To permit 2,840 s.f. (17.9%) structural lot coverage where 2,371 s.f. (15%) is allowed. Application Summar>‘: The applicant is requesting front yard setback and lot coverage by structures variances to construct a new second stor)' to the existing residence on the property. Discussion: The existing residence was built in 1920. This property is one of two resulting from the replatting of Fagemess Green Subdivision which was approved December 10, 1973. #02-2861 Erik Thompson 1940 Concordia Street 1/15/2003 Page 1 of3 L Vi-' •. ■ 1 'fhere currently is a second story on the residence. It covers approximately */i of the residence and has been constructed at several differont times. The second floor and parts of the main floor have a variety of wall and ceiling heights. The main siding, windows and roof need to be replaced. The applicant is proposing to remodel the residence to move his family in. The footprint of the residence is not changing, nor its location. Due to the age and condition of the residence a structural engineer has determined the residence can handle the additional load of the new second story, but will need some additional footings and shoring up. The applicant is also proposing to remove hardcover and structure that exists on the property and adding structure and hardcover to other locations on the property. (See structure and hardcover sections). The property was granted a variance in 1976 for the garage. It was built 8.4* and 9.3 ’ from the side lot line. Also, in 1976, permits were issued for the decks and siding the garage. Front Yard Setback: The existing residence is located approximately 13 ’ from the front property line where 30 ’ is required in the LR-IC zoning district. The setback will not change with the new second story addition. Lot Coverage by Structures: The existing lot coverage by structures is 2,840 s.f. (17.9%). The applicant is proposing to remove structure and add structure but keeping it at 2,840 s.f. (17.9%). The lean-to and street deck removals will reduce two existing setback encroachments. Structure proposed to be removed: - Lean to attached to garage (171 s.f.) - Street deck 1154 s.f. to 54 s.f.) - Garage landing roof (21 s.f.) Structure proposed to be added: - Rear deck enlarged (192 s.f.) - Covered porch (74 s.f.) - Entry landing (25 s.f.) Hardcover: The subject property falls in the 250-500’ setback zone. The applicant is proposing to remove and add hardcover, and will slightly decrease the amount of hardcover by 46 s.f. The hardcover that exists on the subject property is 4,349 s.f. (27.5%) and the proposed am^'v-it is 4,303 s.f. (27.2%). Both are below the allowed 30%. A hardcover variance in the 250-500* setback zone is not required. S02-286I Erik Thompson 1940 Concordia Street 1/15/2003 Page 2 of3 ii ® } statement of Hardship: The applicant has included their statement of hardship in Exhibit C. The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: I. The existing residence was built in 1920. 2. The property is served with municipal sewer and water. 3. The irregularly shaped property was due to a subdivision which occurred in 1973. 4. There is no other land to acquire to increase the size of the property. S. The footprint of the residence is not changing, nor its location. 6. The new second story will not adversely affect any adjacent neighbor ’s view of the lake. 7. The amount of hardcover on the subject property is decreasing slightly. 8. Other issues raised by the Planning Commission. Staff Recommendation: If Planning Commission concludes that the unusual conditions and configuration of this property arc hardships that support approval of the front yard setback and lot coverage by structure variances to construct a new second story to the existing residence, then a recommendation for approval may be appropriate. Options for Action: 1 . Recommend approval of variances. 2. Recommend denial of variances, stating reasons. 3. Table, giving applicant direction. 4. Other action. t*02-286l Erik Thompson 1940 Concordia Street i/15/2003 Page 3 of3 A ANALYSIS WORKSHEET Lot Area; LR-IC Lot Area Required 21,780 s.f (.5 acre) Actual 15,812 s.f (.35 acres) Hardcover Calculations: Distance from shoreline Total area in setback Allowed Hardcover Existing Hardcover Proposed Hardcover 250-500’15,812 s.f 4,743.6 s.f (30%) 4,349 s.f (27.5%) 4,303 s.f (27.2%) Lot Coverage by Structures: Lot Area: lS,812s.f.Allowed: 2,371 s.f. (15%) Existing: 2,840 s.f. (17.9%) Proposed: 2,840 s.f (17.9%) Pfcpcyd • Ap 11 s .r-(l. ) qs7'9i^'0^'^s 6 Application # 0^\ Date Received P - CITY OF ORONO - VARIANCE APPLICATION initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Amount Paid "ZOd ’oo PROPERTY INFORMATION Site Address l^HO Property Identification Number (P.l.D.) \~1 tV) oo O Attach legal description to application if not included on required survey. Date Property Acquired ^ j cy \ ________________________^(month/year) I (do) ^ also own the adjacent parcels of land. Present use of property: residential Zoning District: - \ other (specify) APPLICANT Name Address: ro n» City:. Phone (home ) 9 S.1 - i - o«C Phone (work ) CiQl- -%9,H2. c*_____Zip:_2SlAl_ OWNER (if different than applicant) Name Address: Phone (home) Phone (work)_ City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ D escribe request in detail: A'TJfiioHtO SHtxT^_______ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover < Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements; ATTAcAta^ ___________ (attach add^i^pid^hjQ^ts if necessaiy) ^0rr iiiliiMMHi t • Project narrative The owners request a front*yard setback variance to allow construction of a second story above the existing footprint of die house. We also request a variance for the existing 20.3 % structure area and existing 29.2% hard cover area to remain. The project removes portions of existing paving, buildings and decks, while slightly enlarging an existing porch and existing deck on the side and rear of the house. The design of the hqi^ is consistent with the character and charm of the historic lake area community, while its scale and massing is fnendly to the street-scape of the neighborhood. The parking area and grade of the site will remain virtually unchanged. About 88% of the roof run-off will be unchanged, while the remaining 12% will be diverted to the east rather than toward the street. Because this is an interior lot, site lines and views to the lake are not an issue. The existing house includes a base house and at least two additions. Most of the house has an inconsistent variety of wall and ceiling heights. Most of the existing main level siding, windows and roof ate beyond repair. At the suggestion of the city planner the existing foundation is currently being examined by a structural engineer. As of 12-16-02 further exploratory work as been ordered to determine approximate footing sizes in the areas and points intended for additional loading. After ^e completion of this, follow-up engineering specifically addressing the proposed design will take place concurrently with this variance process. The owner understands that both components are necessary. The property is an odd shaped lot that was part of a 2 lot replatting. The existing house has a front yard setback of approximately 12ft. to 13 ft. r^> O J I ( ^ A IT oi c iw riibAyni i Variance criteria a. The existing house is not a large structure at only 1541 s.f. The application of the zoning ordinances for building placement prohibits the improvements of the property. b. The existing placement of the garage forces the length of the drive to be slightly longer than what would be built if this was new construction. This slight increase forces the coverage area to be S% greater than what is currently allowed. c. The purpose of the variance is not motivated by a desire to increase the property's value, but to ready the house for a larger family. d. The hardship is reused by the existing placement of the house and the rear placement of the garage. No recent or past action by the present owner in terms of structure area and cover area has created this hardship. e. The granting of the variance will allow construction of a structure that will only enhance the character and scale of the neighborhood. f. The zoning ordinance establishes a certain level of conformity and uniformity in the positioning and scale of structures within their respective property boundaries. With the subtle and reasonable repositioning of the structure area, the street deck now becomes a mere landing while the south, lake viewing deck becomes more user friendly. A passerby would assume that this modified structure has always been there. That suggests this request lives up to the spirit of the zoning code. g. The proposed variance allows the structure area to remain intact. The increased height does not impair the supply of light and air to the adjacent property. It also does not change any traffic issues down the street. J.L ‘j j) . I f U -I t \ ... ^ • V ’ SETBACK ZONE: (CIRCLE GtfE) 0-75’ HAfiDCOYER CALCULATION WORKSgOE^^ 75-2S0’ C^O-50^500*1000' yrrgriNG HARDCOVER TN ZONE A. Home ______:_____• . x I iMgtk X X X B. Qinge ' • • • C. Driveway • • • »*• • •' f-^r I h.ih X X D. Sidewalk E. .Patlo/Deck V. 4.tfv,;nH I \fCi X X prv-ct’ rt> X X F, l^dsc^e ritL \tviL \o yj^tic ^ ^ ir Fab^^rFab O. Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • •________ + . B , •PROPOSED HARDCOVER IN ZONE * A. House _____________ X Lcsdi I a\f> LJ* I^LaUXC^l^ X X X B. Garage C. Driveway (v4 X X D. Sidewalk /fjA teltX 1‘ » X X E. Patio/Deck X X IfuYlllAfj jpeui X X X O. Odier ^\L({ -• •• •• • . SS !is' xlOO • WMa TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ + B.XlOO - A S.F. S.F. • S.F. S.F. • tnL'-'S.F. • • # • • S.F. /W S.F. • S.F. r^i S.F. S.F. 'IC S'S.F. ni S.F. 1 S.F.mm V5.F. /jfl S.F. S.F. / 5*3 /-ii-S.F. % S.F. 1^1 S.F. S.F. S.F. • U.lk—S.F. S.F. /S'S.F. . ‘ ■ S.F. • ••S.F. •• .w S.F. UrJ)S.F. S.F. S.F. ■--------------------’s.F. \.9C) . • __^S.F. * S.F. S.F. J L ____f> ir*- I § 'u \iJU C s '\' SI tpasis^ ✓ exisjf. v/ ^0 pEnovf ifl PtLWU^'l (Ztnovf- 7’.j''k;is'-4’ Off’H U ✓ \ \ (tj^riovf !7i^'\,,i;'.o ii ] $WA0 (»UM ^ -^0 ^KlSf V n*”" 11^8 iMir 5H&P 10 WIAIH ^(o H Rtnovt -*J Of iioof0^NlA&f^ fof.cn CAf-bA No-r li«c. w\ HAtp'-oven; LX«i5rTtl - f.tr iMU. ’Ai/^Ssf V FiA^ I"'- pc' O r Mi •* - Vi •*. ■. V.. .':. ■ • •V / / /r4" #»J 04f. LoT / SL^ciC / Fncfe£ umcf / /Af ^4,r <r 1940 Ccf^coeoin sr OCos/o fjf/escrA STSf/ ‘■'oSV luT/^Ji-0 Si.,T. / #■ k *4r^ Feyirp^:? ja tooz./ sr«' =z3^5SKf_ |—»«PWO»OMOIUV «0 9 •MW ti#v >■» uim Wj*0)V* fi*’- ^ ^b'f if ,<^. A*‘-ry J # ^ T « /i/ 'Vj s ; Jik ■fiirfiil 'U -r l/% . 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I ♦ . :\- r> - ' <li » -J*' ^ — w'-.' ... I * 3" 7 ■- ,v^, i . v ^ - -- -V^- , '■/ ‘f- ‘ V)lUN DATE 12/IVE2 t # # HENNEPIN COUNTY PEOPERTY INFORtUTIQN SYSTEN PROPERTY ONNERS LIST REPORT NO. PX^SS^fl PACE S EATCN SE2 hnner NANE TAXPAYER NAME/AOOR PROP ADOR ONNER NANE TAXPAYER NANE/AOOR PROP ADDR ONNER NANE TAXPAYER NANE/AODR PROP AOOR ONNER NANE TAXPAYER NANE/AOOR PROP AOOR ONNER NANE TAXPAYER NANE/AOOR ONNER NANE TAXPAYER l/i SO 17-117-2S 2S OiOA •1929 CONCOROIA ST JOHN EONARO NEXST JOHN E NEXST 1929 CONCOROIA ST NAYZATA NN 5S391 SO X7-U7-2S 23 9997 •99SO AOORESS UNASSXCNEO UOYO H DRAPER LLOYO H DRAPER 0915 CXRARO AVE SO NPLS NN S5919 30 I7-117-2S 23 9999 •1913 FACCRNESS POINT RO ORANOON C STOVERN iRANOON C STOVERN 1913 FACERHESS POINT RO NAYZATA NN 55391 SO 17-117-23 25 99X9 91921 FACERHESS POINT RO 0 L PETERSON SEN PETERSON DARRYL L PETERSON 1921 FACERHESS POINT RO NAYZATA NN 55391 SO 17-117-23 23 9911 91929 FACERNESS POINT RO LLOYO DRAPER LLOYD H DRAPER 0015 CXRARO AVE SO NPLS NN 55919 SO 17-117-23 23 0912 •1937 FACERHESS POINT RO R 0 ROOERTS ET AL RICHARD D ROBERTS 1937 FACERNESS POINT RO ORONO NN 55391 ¥ so 17-117-2i 23 9917 91999 CONCORDIA ST ERIK A THONPSON ERIK A THONPSON 1999 CONCOROIA ST ^NAYZATA NN 55391 SO 17-117-23 23 9910 •1995 FACERHESS POINT RO J P A P J THINNESH JOHN P I PATTI J THINNESH 1995 FACERNESS POINT RO NAYZATA NN 55391 30 10-117-23 19 0091 01095 CONCOROIA ST B P SUNOSTRON t J N OLAUSEN BRIAN SUNOSTRON/JUDY OLAUSEN 1095 CONCORDIA ST NAYZATA NN 55391 c o A so 10-117-2S 19 0011 •1951 CONCOROIA ST J B NALDRON BLN NALDRON JOHN B B LYNN H NALOROH 1951 CONCOROIA ST NAYZATA NN 55S91 30 1B-117-2S 19 9912 •1995 CONCOROIA ST R N RACATZ B J I RACATZ RICHARD N B JILL RACATZ 1995 CONCOROIA ST NAYZATA NN 55391 SB 16-117-23 19 0013 91935 CONCOROIA ST R K KALON B C A KALON R K KALON B C A KALON 1935 CONCOROIA ST NAYZATA nti 55391 m SB 1B-117-2S 19 9919 •1925 CONCORDIA ST THONAS N KONAT THONAS N KONAT 1925 CONCORDIA ST NAYZATA NN 55391 SB 1B-117-2S 19 9915 01995 CONCORDU ST NBC BERCLUND NORNAN TENNER BERCLUND 199); CONCOROIA ST NAYZATA NN 55391 SB 10-117-23 19 9015 91950 CONCORDIA ST N F B K A PETERS NILLXAN F B KARAN A PETERS 1950 CONCOROIA ST NAYZATA NN 35391 TOTAL BATCH 502 iOOli iiBii ii ni A nmi iiiHifi AiSs’-ii&H •UN DATI l2/tV«2 MTCH SM NENNCriN COUNTY PROTCRTY INFORtUTlON SYSTEM •ROfERTY ONNERS LIST REPORT NO. PM3M01 PACE A Application Date: 1AI7/03 P53 ] q ^QQj 60 Day Deadline: 3/07/03 REQUEST FOR COUNCIL ACTION CITY or v.. Department Approval: DATE: Name Wendy Bottcnberg ITEM NO.: k" Title Planner AgendaSection: Zoning r Item Description: MI2-2862 Steve Gronwall 1586 Long Lake Blvd Variances Zoning District: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) 7,145 s.f. (.16 acre) List of Exhibits: A Resolution B Staff Report and Exhibits of 1 /22/2003 Pertinent Code Sections: 1. Section 10.23, Subd. 6(B): Rear Yard Setback: To permit construction of an attached garage with a second story to be 4.5 ’ from the rear lot line where 50 ’ is required for the LR-IA zoning district. 2. Section 10.23, Subd. 6 (B): Side Yard Ac(|acent Street: To permit construction of an attached garage with a second story to be located 15’ from the side yard adjacent street where 50 ’ is required for the LR-IA zoning district. 3. Section 10.22, Subd. 2. and Section 10.56, Subd. 16 (L) (2): Hardcover in 250-500': Within 250-500' of the shoreline there shall be no greater than 30% hardcover. Variance Request: To permit 2,313 s.f (35.34%) hardcover where 1.963.5 s.f (30%) is allowed. Application Summary: The applicant is requesting rear yard setback and side yard adjacent street and hardcover in 250-500 ’ setback zone variances to construct a new attached garage with a second story on the property. DiKu^ion: The property currently has a single family residence on it that was built in 1951. The applicant wishes to add onto it and has explored several different options. Due to the condition of the foundation, location of the existing residence, and size of the property, the only feasible option is to add a second story. A structural engineer visited the property and determined the existing foundation could not bear more weight without being replaced. The applicant got an estimate to replace it under the residence and decided to only add a second story over the garage. The applicaiit is proposing to remove the existing garage and construct a new two suit r attached garage with a second story. Also, the garage will be enlarged an additional 78 s.f. Rear Yard/Side Yard Adjacent Street Setbacks: Rear- The existing and proposed garage location remains the same, 4.5’ from the rear property line. The zoning district requires SO’. Because this is technically a comer lot. the north lot line is by definition the rear. Side Yard Adjacent Street- The proposed garage will be located 14’ rather than the existing 15’ from the side property line adjacent to the street. The zoning district requires 50’. The property is located in a two acre zoning district. However, the neighborhood is more in character with half acre zoning standards. If half acre zoning standards were applied to this property the existing residence would come close to meeting the 15’ required side yard adjacent street setback. However, the rear yard setback in the half acre district is 30’ and the rear setback is remaining at 4.5’ in this proposal. Hardcover: i f 0 The subject property falls in two hardcover zones. 75-250’ and 250-500’. The construction of the garage is located in the 250-500’ setback zone. Currently there is 600 s.f. of area in the 75-250’ setback zone and no hardcover. Even though the proposed hardcover in the 250-500’ setback zone is 2,391 (36.5%) over the allowed 1,%3.5 s.f. (30%), the applicant has not used all of the allowed hardcover in the 75-250’ setback zone. The City does allow credit for unused hardcover allotment to be transferred to zones further from the lake. This is referred to as transfer of hardcover allotments from zone to zone. Even with the transfer of hardcover, the amount of hardcover is still over the allowed amount. And the amount of hardcover from existing to proposed is increasing by 78 s.f. A hardcover variance is needed in the 250-500’ setback zone. There are areas on the property such as a ground level patio and the driveway where hardcover could be removed to remain at existing levels. PLANNING COMMISSION: Planning Commission reviewed the requested variances and site issues at a public hearing held on Wednesday, January 22,2003, Planning Commission recommended as follows: a. Approval of the rear yard setback variance. b. Approval of the side yard adjacent street variance. c. Approval of hardcover with condition of 78 s.f. of existing hardcover be removed by applicant. (Patio slab at rear of the house) The vote on the above conclusions in the form of a motion was 5-1 , with Commissioner Dave Rahn in the minority, of the opinion that too much mass was going to be located to close to the rear property line. STAFF RECOMMENDATION: Staff is in complete concurrence with the Planning Commission recommendation. A resolution reflecting the PC recommendation is attached for you adoption. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. , t* T; i A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B), SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBIVISION 16 (LK2) FILE NO. 02-2862 WHEREAS, Steve Gronwall, (hereinafter "the applicant") is the owier of the property located at IS86 Long Lake Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 1 0.23, Subdivision 6 (B) to allow construction of a new attached garage with a second story to the existing house to be 4.5' from the rear lot line where 50' is required, 14' from the side yard adjacent street lot line where 50' is required in the LR-IA zoning district and to allow 2,3 1 3 s.f. (35.34%) hardcover in the 250-500 ’ setback zone where 1 ,963.5 s.f. (30%) is allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 22. 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minne.soia: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. 2. This application was reviewed as Zoning File #02-2862. The property is located in the LR-IA Zoning District, where 2.0 acres is the minimum required lot area. The property consists of approximately 0.16 acres. 3.The Orono Planning Commission reviewed this application on January 22, 2003 ajid recommended approval by a vote of 5 to 1. Page 1 of 7 I r k . i 4. The Planning Commission made the following findings of fact: 5. A. The existing residence was built in 1951, prior to city adoption of the current 2 acre zoning standards. The hardship is the existing house location in relation to front and street lot lines. C. The residence to the north is located approximately 15 ’ from the property tine. D. Lot coverage by structures will be 1,410 s.f., well below the 1.500 s.f. limit. E. The second story over the garage will not obscure the adjacent properties view of the lake. F.The properties in the immediate neighborh od to the applicant's lot are much larger and many have combined lots. There is not any other land to acquire to increase the size of the property to meet the required area in the zoning district. G. The subject property is a comer lot. H.Due to the location of the house and its interior layout, there is no practical way to locate the proposed garage space and additional living space addition in a conforming location. I. Hardcover in the 250*500' setback zone will increase by 78 s.f. Applicant shall remove 78 s.f. from ground patio and garden area to maintain existing level of 2.313 s.f. (35.34%). 'fhe City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary' to preserve a substantial property right of the applicant; and would in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Page 2 of 7 f i City. 6.The City Council has considered this application including the findings and reconunendations of the Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a new attached garage with a second story to the existing house to be 4.5 ’ from the rear lot line where 50 ’ is required, 14 ’ from the side yard adjacent street lot line where 50' is required in the LR-IA zoning district and to allow 2,313 s.f. (35.34%) hardcover in the 250-500 ’ setback zone where 1,963.5 s.f (30%) is allowed. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2.The applicant shall remove 78 s.f. of hardcover in the 250-500 ’ setback zone prior to final inspection. The 78 s.f will be removed from a ground patio at the rear of the house. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances w ill expire on that date (February 10,2004). 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.1 he undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of himself his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of7 niuJh ut. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of February, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10th day of February, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of February, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Miruiesota municipal corporation and said insmiment was executed on behalf of the City. Page 4 of 7 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .,2003,.personally appeared before me, ____who is personally known to me whose identity I proved on the basis of .,a____whose identity I proved on the oath/affirmation of _______________________ credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public , 2003,jKrsonally STATE OF MINNESO l A COUNTY OF HENNEPIN On this __day of______ appeared before me, ____ who is personally known to me ____whose identity I proved on the basis of ___________ ____ whose identity I proved on the oath/afTimiation of credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ..a Notary Public Pa^5 of? Exhibit A t LEGAL DESCRIPTION OF PREMISES That port of Lot 11 lying westerly of the following described line ond its northerly extension: Commencing at the southwesterly corner of said lot; thence north along the West line of soid lot a distonce of 73.3 feet to the point of beginning of the line being described; thence deflecting right 24> degrees 36 minutes a distonce of 16.73 feet; thence deflecting left 13 degrees to the northerly line of said lot, and there ending,*'Albee's Long Lake Addition", and Lot 12, except that part thereof lying southerly^of the following described line: Commencing at the Southeast corner of said lot; thence north along the East line of said lot 0 distance of 73.3 feet to the point of beginning of the line being described; thence deflecting left 155 degrees 24 minutes to the southerly line of said lot, and there ending, "AI bee's Long Lake Addition": and except that part of Lot 12 "Albee* s Long Lake Addition" lying westerly of the following described line: Commencing at the Northwest corner of said lot; thence south along the West line of said lot o distance of 116 feet to the point of beginning of the line being described; thence deflecting left 55 degrees to the southerly line of said lot, and there ending. Page 6 of 7 Exhibit B *, gTE vTb RON W A L L fi LOTS 11 & 12, ALBEE* S LONG LAKE ADO. ^ ^ HENNEPIN COUNTY, MINNESOTA C «ic If tu-n^h \ • ,1. . . { I r '• LEGAL DESCRIPTION OT PREMISES : Thot port of Lot 11 lying wostorly of the following described line ond its northerly extension: Comnencing at the southwesterly corner of sold lot; thence north olong the West line of sold lot o distonce of 73.3 feet to the point of beginning of the line being described; thence deflecting right 24 decreec 36 minutes o distance of 16.73 feet; thence deflecting left 13 degrees to the northerly line of sold lot, and there ending,**Albee* s Long Lake Addition**, ond Lot 12. except that port thereof lying southerly.of the following described line: Comnencing ot the Southeast corner of sold lot; thence north along the East line of said lot a distance of 73.3 feet to the point of beginning of the line being described; thence deflecting left 155 degrees 24 minutes to the southerly line of sold lot. ond there ending. '*A I bee's Long Loke Addition": ond except thot port of Lot 12 **Albee*s Long Loke Addition" lying westerly of the following described line: Corrmencing at the Northwest corner of sold lot; thence south along the West line of sold lot 0 distance of 116 fee! to the point of beginning of the line being described; thence deflecting left 55 degrees to the southerly line of said lot. ‘ “ - - -and there ending. w denotes iron morker CO Bearings shown are based upon an ossiimd dotun. T This survey intends to show the bound- OD rey - - -- ories of the obove described property, the location of on existing house, ond the locution of oil visible "hordcover" thereon. It does not purport to show ony other inprovemsnts or encroocffnents. P«s« 7 of 7 r i TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:January IS, 2003 SUBJECT: #02-2862 Steven Gronwall 1586 Long Lake Blvd. Variances - Public Hearing Zoning District: Lot Area: LR-IA One Family Lakeshore Residential District (2 acre) 7,145 s.f. (.16 acre) Exhibits: A Analysis Worksheet Application Hardship Statement Survey Hardcover Calculations Elevations Floor Plans Photo of Property Plat Map Property Owner’s List B C D E F G H I J Pertinent Code Sections: 1. Section 10.23, Subd. 6(B): Rear Yard Setback: To permit construction of an attached garage with a second story to be 4.5 ’ from the rear lot line where 50’ is required for the LR-IA zoning district. 2. Section 10.23, Subd. 6 (B): Side Yard Adjacent Street: To permit construction of an attached garage with a second story to be located from the side yard adjacent street where 50’ is required for the LR-1 A zoning district. W Application Summary: The applicant is requesting rear yard setback and side yard adjacent street variances to construct a new attachedgarage with a second story on the property. Discussion: The property currently has a single family residence on it that was built in 1951 . The applicant wishes to add onto it and haj explored several different options. Due to the condition of the foundation, location of the exi:...<ig residence, and size of the property, the only feasible option #02-2862 Steven Granwall 1586 Long Lake Blvd. 1/15/2003 Page I of3 r:- was to add a second story. A structural engineer visited the property and determined the existing foundation could not bear more weight without being replaced. The applicant got an estimate to replace it under the residence and decided to only add a second story over the garage. The applicant is proposing to remove the existing garage and construct a new two stall attached garage with a second story. Also, the garage will be enlarged an additional 78 s.f. as indicated on Exhibit D. Rear Vard/Sidc Yard Adjacent Street Setbacks: Rear- The existing and proposed garage location remains the same, 4.5 ’ from the rear property line. The zoning district requires 50’. Because this is technically a comer lot, the north lot line is by definition the rear. Side Yard Adjacent Street- The proposed garage will be located 14 ’ rather then the existing 15’ from the side property line adjacent to the street. The zoning district requires 50’. The property is located in a two acre zoning district. However, the neighborhood is more in character with half acre zoning standards. If half acre zoning standards were applied to this property the existing residence would come close to meeting the 15’ required side yard adjacent street setback. However, the rear yard setback in the half acre district is 30 ’ and the rear setback is remaining at 4.5 ’ in this proposal. Lot Coverage by Structures: The property is less than 10,000 s.f., therefore it is allowed 1,500 s.f of lot coverage by structures. The existing residence is 1,332 s.f The construction of the garage and 78 s.f of e.xpansion is proposed to be 1,410 s.f It is below the allowed 1,500 s.f so a lot coverage by stmeture variance is NOT required. Hardcover: The subject property falls in two hardcover zones, 75-250’ and 250-500’. The construction of the garage is located in the 250-500’ setback zone. Currently there is 600 s.f of area in the 75- 250’ setback zone and no hardcover. Even though the proposed hardcover in the 250-500’ setback zone is 2,391 (36.5%) over the allowed 1,963.5 s.f. (30%), the applicant has not used all of the 600 s.f. in the 75-250’ setback zone. The City does allow credit for unused hardcover allotment to be transferred to zones further from the lake. This is referred to as transfer of hardcover allotments from zone to zone. Even with the transfer of hardcover, the amount of hardcover is still over the allowed amount. And the amount of hardcover from existing to proposed is increasing by 78 s.f There are areas on the property such as patio and driveway where hardcover could be removed to remain at existing levels. t ^02-2S62 Steven Cronwall 1 586 Long Lake Blvd. 1/15/2003 Page 2 of3 t Statement of Hardship: The applicant has included their statement of hardship in Exhibit C. The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: I. A single family residence has existed on the property since 1951, prior to current zoning standards. 2. The property is served with municipal sewer. 3. The residence to the north is located approximately IS’ from the property tine. 4. The second story over the garage will not obscure the adjacent properties view of the lake. 5. The properties in the immediate neighborhood to the applicant’s lot are much larger and many have combined lots. There is not any other land to acquire to increase the size of the property to meet the required area in the zoning district. 6. The subject property is a comer lot. 7. Other issues raised by the Planning Commission. Staff Recommendation: If the Planning Commission feels the existing conditions of the residence and property create a valid hardship that supports the variances requested, then a recommendation for approval is appropriate. Your alternative is to consider one of the other options for action. Options for Action: 1. Recommend approval of variances. 2. Recommend denial of vari.'inces, stating reasons. 3. Table, giving applicant direction. 4. Other action. #02*2862 Steven Gronwall 1 586 Long Lake Blvd. 1/13/2003 Page 3 of 3 Lot Area: ANALYSIS WORKSHEET A LR-IC Lot Area Required 87,120 s.f (2 acre) Actual 7,145 s.f (.16 acres) Hardcover Cakuhtions: Lot Coverage by Structures: Distance from shoreline Total area in setback Allowed Hardcover Existing Hardcover Proposed Hardcover 75-250’600 s.f 150 s.f (25%)Os.f 0 s.f 250-500’6,545 s.f 1,963.5 s.f (35%) 2,313 s.f (35.34%) 2,391 s.f (36.5%) Lot Size: 7,145 s.f.Allowed: 1,500 s.f. Existing: 1,332 s.f Proposed: 1,410 s.f pK^tMt I0:2!w Fr«-€ITT OF 090110 HS224I4IIS T-SSS POOr/018 F-423 cnv OF ORONO - VARIANCE AFFUCATION Applicitidii Fee $230.00 ■ ($50.00 per eedi editttionel wiiocc) Reeawal Vadaace Fee SISO.OO (mi chnae ftoa odjdaal appUcaiiaB) Vaiiaee for oon-oonfomiins «tn»ct uw» $230.00 Fees (pouUe ^qplicatloo foe) Aaeant PeH _,4V;vwmw ip m.) 1 *X ' i 3-.33 i descnpfom te spplica^ft If not lnd«^ oa required survey. Aeflrired S» L^te. Ilj — be aHiseeot poeds of land. ^^aidenrial __otber (specify)------------ (meathfyetr) im____pRseotnseofpnpofy: __ Toffilag Pirttict: U'ff.- i ft appucanx Name v/< Fbooe Address: / n«os OWNER Of ^ Name___ i than applicant)Phone (homel Phone (wodt)__ Address;City:.Zip:. EstiinatEd CoosMcdoo Cost S dti VARIANCES REQUIRED Lot Area ___Lot Width Hardcover LotCoverege __ Front Side Rear Average Lakcahore T (specify) conpliiDOC with Zootag Codt n mm.i (Much iddMuiiiI Ihmi If oectnay) iT% ■V*> * '> /6 • : •. mfai J 12/18/02 To Whom It May Concern, Terry Imuter and I are getting married and would like to make room for our three teenagers in this residence, as well as a 2-car garage. The existing structure has 1000 square feet of living space and only two bedrooms. The existing basement b not usable for living qxice. We have been told that the current hardcover ratio prevents us from building out... so we deckled to try going up. We had a structural engineer look at the basement and he said he would not be able to reconunend that we put a second story on the original foundation. We had an estimate done and were told that a new foundation woi^ cost us over $60,000, including a new basement floor and drain tiles, (see attached) ^TeTM oo) We decided to try and add a second story to the garage. We have come up with a plan that does not increase the hardcover square footage, but does make it possible for my two sons and Terry's daughter to have their own bedrooms and a bathroom and gives us each the opportunity to have garage space. However, we will need a variance because even the existing structure does not meet the minimum standards for setbacks. Sincerel1 O } } ff c (2. • W • GARDNER CONCRETE CONSTRUCTION. INC. UCENSEO • BONDED • INSURED 16619 IMPERIAL WAY LAKEVULE. MN 55044 JERRY • (952) 431-9970 MN Lk *20096839 • MPLS Uc *0271 f r •'.s'- -••• .• ••V *. FRomAL suoMrrriD TO smEfT tS ^ C> C»o)r\€)t /3 yl/c/ y STATii<d»0001 . -0^^ Mk/ ARCHTTFCT DATE or PLANS Wo htroOy Butmil tpodftcoliont and talknalai lor ^ t'1/'^ rs^ln. I'L-I C.-tt'L DATE ^ . •• JODNAME JOB LOCATION xmPHom * . ^ . * _ 4 /y^ ■». x *f* / y cr ^<z.o y:nn^,^\cj^ // h(<rc^ir- iC> Atxc.L^^ La /c. .Ao^ <=■ f> ^ Cl y ___ 3y.if -£.5* -jjr//4 jC/^g>U/ floo>r ^00<J lb<>______^ a. •/■ A. 11:- K______________________________B f) ^ 0 ^ ^<, 0 X/^'stc<^lJ / 3 y \ CJ f AxcKxrxAjd:^ u/ t '^‘v L. ^ I'J ck/^ f~ Wo PrODOSe hereby to furnish material and labor — complete in accordance with above specifications, for llie sum of ____________________________doitarsfS 1^.^-*-— -----------• I’4>fr4!i! tc tt ma4*f Ji •c^’cws i // tr-^ 4;>«a <L.^10 y\ O Ok 1 r, CO 4 1 .» Juj/aniffa •: tt B1 sp«c(9d AB •cr^ to C# CC«-tJ«tol n * •ontrtar-s* n* J'm Ic f’i'Cl 3 ?»*C*4*9 Af»y aH*«»l 7*^ :• C*.*’«C^ AtCeO SpCCi^XAlCrj f,. 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X —— X oo (0 k.-*i^*— i. c O (0 (0 3 0) O (0 — — o 0) X > k. -DO) O (0 — o *o 0) C— C <0 c > o o 0) c c > >vX o o0 --------V- k- o o • 3 O O O C-= (O o o o (0-------0) k. to 0) k- 0) — — 0) 0) 0)X X i. X X X -•-* h- O O I \ ■s § .. .s, ‘-.v, :v o O' o .* •• • •• ^ •• ^ % , r vX? [i 12 HABDCOVER CALCULATION WORKSHEET SETBACK ZONEt (CIRCLE OME) 0-7S’ c'tS^Z^ 250400*500*1000' y.TCICTTNO HARDCOVER IN ZONE A. Houie ______• . X Lto|6 Width X X X .. B. ‘Qtru«- . . V . C. Driveway D. Sidewalk E. Perio/Dcck F. Lendscqie Uoderiain By PUsclc Or Fabric •*. ' • • • •••• % • • •• • . X X X X X X X X X IIP m O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ’ •________ . B . /I X100 V rqposed ha rdcovto in zone ’ A. House _____________ X Lt:|(h Width B. Garage C. Driveway D. .Sidewrik E. P*tlo/Deck F; Ltndscape Uadedaln By Plutlc Or Fabric X X X X X X X X X X ^ • O. Ocher TOTAL HARDCOVER IH ZONE TOTAL PROPERTY AREA IN ZONE * A _____________ + B .xlOO - SJ. • S.F. S.F. S.F. .S,E. * S.F. S.F. S.F. IS.F. S.F. _ S.F. s:f. S.F. •SJ^. S.F. _________S.F. /rf S.F. % S.F. S.F. S.F. ‘S.F. S.F. S.F. ’S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % ^ • SETBACK ZONE: (CIRCLE ONE) 0-75* HABDCOVER calculation WORKSO^r 75-350* (^So^soo^500-1000' ytmrgriNG hardcover tn zone A. House ______■ . X wxxci U0|O fnui X X X B. *0erx|e • . V. %.• • • C. Drlviwiy • • % • • • • X • 0 • ,i • • X X D. SldewaOc X X E. Fetlo/Deck X X F. Landscq?e Vaderitln By Plude Or Fdbcie X X X O. Ollier ___ AvrCcrcC- PcixiTOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __ _ _ _ _+.. B .X100 ynnPOSEP •HARDCOVER IN ZONE ’ A. House _____________ Cc\j. U:|di Width X X X B. Garnc _* C. Driveway -X X D. Sidewalk X X E. Patio/Deck X X F; Luidscape Uadediln By Plastic Or Fabric X X X O. Ocbtr /\i(TOTAL HABDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE' A _ _ _ _ _ _ _ ♦ B.xlOO S.F. S.F. • jigL S.F. S.F. . • . .■S.F. yj. _ • P * . . S.F. S.F. • • • S.F. •S.F. 3»q S.F. S.F. SJ. S.F. *• S.F. (o S.F. S.F. S.F. % 1 S.F. S.F. S.F. S.F. -iJ.S.F. 'IX S.F. 'V ‘ i S.F. m S.F. • ••S.F. • • 2.4^ •• S.F. S.F. S.F. S.F. S.F. • s.P. * ___^S.F. Vfv-* V TVf ' ^ ------- «. p' # .:^-^i • , \ • '■>' ■ > ■ :'jr ’“^Viiivv ■ ■■ ■'> ■ / €L O 2 ) n COr* ;> 2 or « I.oo A. 01 •• M O (M O om Li-ff m-j m i ■/7dt/Sf» I 6:^c/c ‘t • » % ^ f 1\ ■n JL rrr. mi .. ,\ M«M*Ai^.UlkP mi /■ i -iiiiiiini^ /*-iTfcr< - »~1- -.. - -<*r-nriA.'Y.A*2.'fWVil “«f«£f.'^*Al N t 0 1 CO m Icn CO JC P L O m L O O Q. 01 •• ego ego o % iik. t I • • • • i 30 • : • I ■' / • I ! ; : — /FLOORPLAN 6 Ocffowe: Sl»win Oroiiwii FHaNo.! 00598 f^ootrtv Mdwtt: ISae LofMi Lik* Blvd C«mNo.; CfccOiono_______________________State: MN Zip; 55356 t Flooft J^CmJ 33.0’ |o Bedroom ll o CM Bath Z Bedroom Dining Room Foyer Living Room Kitchen o <d 8.0* b (d 25.0' SMcfi brIV WMMr*** AREA CALCULATIONS SUMMARY tint Wit tMCk #28.to f€.t0 208.00 •20.00 •0.00 200.00 LA/ING AREA BREAKDOWN tint tlooc 2S.0 B • 0 a 22 0 10.0 €1 Cl 000.00 120.00 I* • « iiniiii^iiiii ilftlffli iiiTi 1^ FLOORFLAN srTTT Giofiwall Fite Wo : 00S98 f¥0MrtvM>IWM:15WUinoUlwB»v<l Cm No. Ctv:Onra>State: MN ZIP SS3S6 • ■■ ■'*4 —» .r ■ i ------fl.J IRooti- • 33 0' Bedroom 'f Bath s' gj Bedroom Foyer Dining Room Living Room * Kitchen o (O 0.0- o <D 250* yjooxz^ i iPIiin SHaHh Dy Ap«» IV AREA CALCULATIONS SUMMARY OUU tint rim Mt 00 •20 00 f/t rmk m.m to.00 M mm **too 00 UVING AREA BREAKDOWN WMt rii 2% 0 m • 0 ■ u t !• • • 00 00 i<20.00 #2 O .4^ O J V ! i r ■ .r-.fr ■■<^; • • I - ^ I . f ',(If ^ if L /\Lr 1-^. ‘ '•' '•' ' >' ■< *.' ... .* • ■ I ■ i»ifl^' ■ » ; i Cife ' -t*.-fete ji"- *^,r ,^ 1 ifl • ^*'/ >• ,'•*.** • •* /-.A.• rv- 'J'-‘: I :.r.. “f /;. ^ • 4 f I ^^» ’ ------L tul SB!*.' i*r?=? -4 •V ®S-;' ^ ^vv *1^ ■•'K, f /'j'^lJr I / /' y / /y / ,V 7 •W •' .* ■m\'*: •■■ : ’■ ■«l V? .'*.» . 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Ar r'fiit^v » ^«;l I n J*- (.* « » U tt-JC'-: /. .. .4. • •• V* ,, • H*ti. ‘ V.. -«K.« •^/...*i-« I* I X_L . .JM'A # PHOT ADM TMCMYn MAMB/ADM PROD ADM TAXMYtR MAIV/ADM PROP ADM OMMM NAME TAXPAYER MAMI/ADM PROP MM OHMIR NANI TAXPAYIR NAHI/ADM w3: UENNBPIN comm PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 a< lit 23 33 0007 XS40 LORO LMCS BLVD N B QBAMDY JB/B k CABPBNTBB BAOCBL A CABPBirTBR NXLLXAN BBABDT OBANDY JR X540 LORO LARB BLVD LORO LAKB MR S53SC COROMI • 38 28 118 23 33 0008 If70 LORO LAICB BLVD riiOBTlIBHXLL IBVBSTKBRTS LLP GROCTHIHXLL XNVBSTHBRT8 LLP 1818 LA 8ALLB AVB MPLS MM SS403 38 28 118 23 33 0011 1575 LORO LAKB BLVD TBRBY B CLARK TBRRY CLARK 1575 LORO LAKB BLVD LONG LAKB Ml 55358 COMDIBI • 38 28 118 23 33 0024 830 DAKOTA AVB THOMAS C ODBAR BTAL TH0NA8 C ODBAN 830 DAKOTA AVB LORO LAKB MN 55358 CONDfBI 8 38 28 118 23 33 0025 850 DAKOTA AVB G A OLBM BTAL G A OLBM 950 DAKOTA AVB LORO LAKB MR 55358 CONDMN i 38 28 118 23 33 0028 1580 LORO LAKB BLVD RICHARD K BNONAN RICHARD K BNGNAN 1590 LONG LAKB BLVD LONG LAKB Mf 55358 eONDMI i 38 28 118 23 33 0030 1588 LORO LAKB BLVD STBVBN C ORORNArOp 8TBVBM GBONNALL 1588 LONG LAKB BLVD LORO LAKB NN 55358 CONDMi 8 38 28 118 23 33 0031 1580 LORO LAKB BLVD MXCOLIB NHBBLBR RXCOLXB NHBBLBR 1580 LORO LAKB BLVD LORO LAKB Ml 55358 coimN •38 27 1889 JOSBPH JOSEPH 1889 M 118 23 44 0008 NORTH FARM RO H OFTBRNMI H OPFBRNAN FARM RD LORO LAKB Ml 55358 z cnrriFY that the pacts represented are an accurate and true RIPRESIMTATIOM OP XHPORMATIOM AS IT APPERARS THIS DATE ON THE RECORDS OP THE HEmiEPIN OOUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OP NY mONLEDOE AND BELIEF date/^-/ mIM Co»—•••o Application Date: 1/08/03 60 Day Deadline: 3/08/03 FEB 1 0 2003 REQUEST FOR COUNCIL ACTION n i v... Department Approval: DATE: Name Wendy Bottenberg ITEM NO.: H Title City Planner AgendaSection: Zoning Item Description: #02*2863 Richard Kail 3753 Casco Point Road Variances Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 16,095 s.f. (.37 acre) List of Exhibits: A Resolution B Staff Report and Exhibits of 1/22/2003 Application Summary: The applicant is requesting lot area and lot coverage by structure variances for construction of a new residence to replace the existing foundation and detached accessory building left on the property after the residence was destroyed by fire. Planning Commission has recommended approval of the lot area variance and denial of the lot coverage by structure variance. Discussion: Approximately 4 years ago the residence on the subject property burned and all that remains on the property is a foundation and accessory structure (detached garage). In 1995 the applicant applied for and was granted a lot area variance to construct a new residence on the property. The variance expired without the applicant applying for a building permit. Since that time the ownership of the subject property has changed between family members. The applicant again owns the property and has applied for variances to construct a new residence on the property. Lot Area: The lot area is 16,095 s.f. (.37 acre) in the LR-IC zoning district where 21,780 s. f. (.5 acre) is required and where existing lots of record would be required to meet 17,424 s.f. (.4 acre) or 80%. In 1995, the applicant was granted a lot area variance to construct a new residence on the property. (Res. #3573). Lot Coverage by Structures: The proposed residence is 2,856 s.f. and a porch is 406 s.f. for a total 3,262 s.f. (20%). The porch is covered, therefore is included in lot coverage by structures. The lot coverage by structures is OVER the allowed amount by 847.75 s.f. Hardcover: The subject property falls in two hardcover zones, 250-500’ and 500-1000’. The construction of the residence is primarily located in the 500-1000’ setback zone. A small portion of the residence and porch are located in the 250-500’ setback zone for a total of 408 s.f. Even though the proposed hardcover in the 500-1000’ setback zone is 3,960 s.f. (38%) and exceeds the allowed 3642.63 s.f. (35%), the applkam has not used all of the 1706.25 s.f. in the 250- 500’ setback zone. The City does allow credit for unused hardcover allotment to be transferred to zones further from the lake. This is referred to as transfer of hardcover allounents from zone to zone. Therefore, a hardcover variance in the 500-1000* setback zone is not required. PLANNING COMMISSION: The Planning Commission recommended by a 6 to 0 vote to: Approve the lot area variance but deny the request for a lot coverage variance. Planning Commission indicated that there is no hardship to support the lot coverage variance. The applicant would have to downsize the house in order to obtain a building permit. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.2S, SUBDIVISION 6 (B) AND DENYING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C> FILE NO. 02-2«63 WHEREAS, Richard Kail and Diane Supemalt, husband and wife, (hereinaAcr ”the applicants") are the owners of the property located at 3753 Casco Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lots 7 and 8, Block 4, “Casco Heights”, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.03, Subdivision 14 (C) to allow construction of a new single family residence to replace a pre-existing residence on a .37 acre lot in the LR-IC Zoning District where a .5 acre minimum lot area is required; and to allow said new residence to be 3,262 s.f. (20%) of lot coverage by structures where 2,414.25 s.f. (15%) is allowed; and WHEREAS, aAer due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 22, 2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #02-2863. The property is located in the LR-IC 2U>ning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.37 acres. Page 1 of 5 3. The property contained an existing residence foundation and detached garage originally built in 1950, which was destroyed by fire in 1998, leaving only the foundation and a detached garage. 4. The Orono Planning Commission reviewed this application on January' 22, 2003 and recommended approval of the lot area variance and denial of the lot coverage by structures variance by a vote of 6 to 0. The Plaiming Commission made the following finding of fact: 5. 6. A.The lot area of 0.37 aeres is sufficient to allow reconstruction on the site, where a residence has previously existed for many years. B.Removal of the existing foundation and building a new residence is new construction requiring that all lot standards must be met. C.There is insufficient hardship to support the requested lot coverage by structures variance. The need for extra storage and lack of land to combine suggested by the applicant as a hardship, can be ameliorated by downsizing the design of the residence to meet the required lot coverage by structure variance. Furthermore, while the land adjacent to the subject property is a platted alley, the City does not intend to vacate it. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and w ould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. Page 2 of 5 li CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above Findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a new single family residence to replace a pre-existing residence on a .37 acre lot in the LR-IC Zoning District where a .5 acre minimum lot area is required; and to deny a variance for lot coverage by structures for said construction. Approval is subject to the following conditions: 1. No variances other than lot area are granted by this resolution. The applicant must provide construction plans meeting all city lot requirement in order to obtain a building permit. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (February 10,2004). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this re.solution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 10th day of February. 2003. AITHST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of 5 i Hi I STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 10th day of February, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of February, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Mitmesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2003, appeared before me, ____who is personally known to me ____ whose identity I proved on the basis of .personally whose identity I proved on the oath/affirmation of credible witness .,a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN 4\ On this__day of appeared before me. ,2003,.personally who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/afTirmation of credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public ... II TO: Chair Smith and On.no Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planncr DATE: January 15,2003 SUBJECT:#02-2863 Richard Kail 3753 Casco Avenue Variances - Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshorc Residential District (.5 acre) 16,095 s.f. (.37 acre) Exhibits: A Analysis Worksheet B Application C Hardship Statement D Survey E Hardcover Calculations F Elevations G Floor Plans H Photo of Property I Piat Map J Property Owner’s List K Resolution #3573 Pertinent Code Sections: 1, Section 10.25, Subd. 6(B); Lot Area: The lot is 16,095 s.f. where 21,780 s.f. is the minimum lot area for the LR-1C zoning district. Lots of one acre or less serviced with public sanitary sewer and platted prior to the adoption of the zoning chapter arc only required to meet 80% of the lot area requirement (17,424 s.f.). 2. Section 10.03, Subdivision 14(C); Lot Coverage: In all zoning district, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. To permit 3,262 s.f. (20%) structural lot coverage where 2,414.25 s.f (15%) is allowed. Application Summary: The applicant is requesting lot area and lot coverage by structures variances to construct a new residence on the property. Discussion: Approximately 4 years ago the residence on the subject property burned and all that remains on the property is a foundation and accessory structure (detached garage). In 1995 the applicant applied for and was granted a lot area variaiKe to construct a new residence on the property. The variance expired without the applicant applying for a building permit. Since that time the M)2-2863 Richvd Kail 3753 CaKO Avenue 1/15/2003 Page I of3 y ' t ownership of the subject property has changed between family members. The applicant again owns the property and has applied for variances to construct a new residence on the property. Lot Area: The lot area is 16,095 s.f. (.37 acre) in the LR-IC zoning district where 21,780 s. f. (.5 acre) is required and where existing lots of record would be required to meet 17,424 s.f. (.4 acre) or 80%. In 1995, the applicant was granted a lot area variance to construct a new residence on the property. (Res. #3573). Lot Coverage by Structures: The proposed residence is 2,856 s.f and a porch is 406 s.f for a total 3,262 s.f (20%). The porch is covered, therefore is included in lot coverage by structures. The lot coverage by structures is OVER the allowed amount by 847.75 s.f Hardcover: The subject property falls in two hardcover zones, 250-500 ’ and 500-1000 ’. The construction of the residence is primarily located in the 500-1000 ’ setback zone. A small portion of the residence and porch are located in the 250-500 ’ setback zone for a total of 408 s.f Even though the proposed hardcover in the 500-1000 ’ setback zone is 3,960 s.f (38%) and exceeds the allowed 3642.63 s.f (35%), the applicant has not used all of the 1706.25 s.f in the 250-500 ’ setback zone. The City does allow credit for unused hardcover allotment to be transferred to zones further from the lake. This is referred to as transfer of hardcover allotments from zone to zone. Thcrcforct a hardcover variance in the 500-1000 ’ setback zone is not required. Detached Garage/Foundation: There currently is a detached garage and part of the old foundation on the property. If the proposed residence is approved and constructed, both the garage and foundation will be removed Statement of Hardship: The applicant has included their statement of hardship in Exhibit C. The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: 1. A single family residence existed on the property for over 50 years prior to being destroyed by fire. 2. The property is served with municipal sewer and water. #02-2863 Richard Kail 3753 Casco Avenue 1/15/2003 Page 2 of 3 ^ 3. The applicant ’s proposal does meet City ordinances for new construction regarding hardcover, setbacks and height requirements. It does NOT meet City ordinances regarding the lot coverage by structures requirement. 4. There is no other land to acquire to increase the size of the property. 5. The properties in the immediate neighborhood to the applicant ’s lot are also undersized and most do not meet the required area in the zoning district. (See plat map). 6. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the lot area variance. Based on city regulations staff reconunends denial of the lot coverage by structure variance. If the Planning Commission feels the applicant can meet all the requirements, including lot coverage by structures, then a recommendation of approval for the lot area variance would be appropriate. The application would then move along to the City Council for review. Options for Action: 1. Recommend approval of variances. 2. Recommend denial of variances, stating reasons. 3. Table, giving applicant direction. 4. Other action. 'Mm #02-2863 Richard Kail 3753 CaKO Avenue l/IS/2003 Page 3 of 3 m ■ ■ i ’ • 'E. A ■1 'I . I • i Si r, ANALYSIS WORKSHEET Lot Area: LR-IC Lot Area Required 21,780 s.f. (.5 acre) Actual 16,095 s.f. (.37 acres) Hardcover Calculations: Distance from shoreline Total area in setback Allowed Hardcover Proposed Hardcover 250-500’5,687.5 s.f.1,706.25 s.f (30%)408 s.f (7.17%) 500-1000’10407.5 s.f 3,642.63 s.f (35%)3,960 s.f (38%) Lot Coverage by Structures: 1 Lot Area: 16,095 s.f Allowed: 2,414.25 s.f (15%) Proposed: 3,262 s.f (20%) i e> Application U Date Received ' Amount Paid ♦ <PSO,oo CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress ZlS ^ Gisec Property Identification Number (P.I.D.) ^C- -ir7- -3 ~ r c'C-i Attach legal description to application if not included on required survey. Date Property Acquired tAfrck. poo2.(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: ^ residential ___pother (specify). Zoning District: LQ - \ C>___________________________ APPLICANT Name # / i ly f) <1 Phone (home ) 4 .. luCJr ____________ Phone ^ » £!r,yf _________ City: rA't_____Zip: OWNERiif different than applicqqt) Name K i CV\Cwo Wal | U igi <\c Phone (work). City:_________________Zip:. Phone (home). Address: DESCRIPTION OF REQUEST Esti|iiated Constmetion Cost $_________ Describe request in detail: ^ (MyC. & ty ^ i ___________________________________________________________________________________________ (attach additional sheets if necessary) VARIANCES REQUIRED >C Lot Area ___Lot Width Hardcover %Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:____________________________________ (attach additional sheets if necesgu^) I 4 required submittals Qrdcr for vour anpligatinw to be gnn«IH^rtd fnmpl^^y; "KIMivnilvu MVHUimy nwTg in 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form of owners svilhin 150’. labels and plat map (you R™e? r«n?’% ’ W'oo'Pi" County Department ofFinance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed .... .-yor) and include hardcover calculations as required. In addition, provide one (1) copy 8 '/a" x II" for To^graphic survey (existing and proposed elevations) if any changes in existing grade are projwsed. In addition, provide one (1) copy 8'/," x 1 1" for reproduction Sketches or plans of floor & elevation views (provide one (1) copy 8'/a" x II") List of the leg^ names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this f?pplication. Additional items as may be requested by City staff. APPLICANT’S SIGNATURE Applicant's Signature -/t- )eo 2 OWNER'S SIGNATURE The owner tereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for puiposes of investigation and ^ficalion of this request Owner's Signature Date O ~/(»'J0C Applicant must have a 1 subminals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please change prior to the meeting. «, • • , '8 r t /» k n f In 4# f 01/03/2003 Description of hardship on Variance application; The purpose of filing for a variance is in the Building permit application. It states that structural cover cannot be more than 15 percent. As you can see per the survey, we are at 17.7 percent. We have looked at many plans that meet compliance to all of the setbacks and hardcover issues, and this one is the closest we could And. As you can see from the survey, we have met the setbacks on Front, Back, and both sides along with the hardcover calculations provided by the surveyor at 27 percent. It has been brought to my attention with a concern for depth of the garage where as I have replied that I cannot change this because we are already over on allowat'e structure cover. We have looked at all possibilities of down sizing this house plan with qualified architects and structural engineers with the response being, we have to follow the plan. We have 3 vehicles; this is why the need exists for the garage space. We currently have room for 5 on our present property along with room to store 2 snowmobiles and lawn equipment. We thank you for your time and consideration, and are looking forward building our new home in Orono as soon as possible. Richard Kail d i FOR! RICHARD KAM. 627/39 (122-99I SCNOiU « MADSON, MC. OMwan • suR«wRS • funnos ML 1CS1VW • OMNONMOiTM. MM« 10N0 mVIATA MUVAML MI1C 1 MMCIONKA. m S5905 U2-S4«-7Mn FAX! M2-S4A-M69 BENCHMARK Top of iron monument os shown Elevation * 957.21 (NGVD—1929) utom MtEA « 16095. sq.ft. 0.37 Acres ED HOUSE - 2856 sq.ft. » 406 sq.ft. ED DRIVEWAY =■ 1106 sq.ft. •lARD COVER - 27X OVER FOR LOT TO PROPOSED HOUSE 16095. sq.ft. 0.37 Acres ED HOUSE » 3262 SQ.ft.Onc ludinq Porch) :0VERAGE - 20X BITUMINOUS ROAD A S C 0 io • • * • •.% ; V* ^AVENUE V -- - rnr.F bit ___________________________________________________ ________________________ 954.1 (9d 1.7)x 951.7k 951.7x1- -£’ 5- E>^ST *(957.9) >x957.9f“ 1956.2ST-'M ao ®' 30.07 (952.4J QT“ ^SILNJ iZ v'-WT"; I *950.2 (952.4)*, |o if 953.3* 29 2 930.4* PROPOSED HOUSE- y. >9 0' *943 6 __• RU I TOP IRON , 53.9 / M 18 I K K* I X * ^ S'®600' GENERAL NOTES I. Orientotion of the bearings used for this survey is based on on ossumed datum P • — Denotes iron monument. 3. x890.0 - Denotes existing spot elevation. 4. x(890.0) - Denotes proposed spot elevation. -----Denotes direction of surface drainage. 6. Proposed gorage floor = 952.7 7. Proposed top of foundation - 953.0 8. Proposed basement floor ■ 944.0 9. House Is o Wolkout 10. Dote of lost field survey. 12/17/02 II. x(890.0)CP - Denotes criticol point elevotion. SPECIAL NOTE Only easements shown on the recorded plat of CASCO HEIGHTS are shown on this survey mop, unless otherwise noted. The survey upon which this mop is based wos performed without benefit of either an ottomey s title opinion or a title commitment. DESCRIPTION Lots 7 & 8, Block 4. Casco Heights Orono, Hennepin County, Minnesota. has been checked ond ____________ day of ________ 20_____ 937 4* (937.4)* LOT 8 LOT 7 W86.00 938 1 L. *(938.1) *V.; • /• t . i i I hereby certify that this survey was prepored under my supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota. Dote: Richard «. Williams, Jr. ________ License No. 19840 • t •• # •. • *•* • L- SETBACK ZCK^t BABDCOVER CALCULATION WORKSHEET (CIRCLE ONE) 0-75* 75^0* (^SO-SOC ^ ^XfSTlNG HARDCOVER TN gQNE A. Kwu9/C9'\iLh ■ . .. X ___ 500-1000’ • • • • Vo8 iMfft .S.F. X- X X S.F. S.F. S.F. B. 'Otnje • • • • , y X I--; C. JMvew^ • • • - ‘• • • • •• • • X- X D. Sidewalk X X E. •Fatlo/Deek X X F. Ltndscq)e Underlain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE •A • • - • • +. B PROPOSED HARDCOVER IN ZONE • A. House _____________ X Uzi± X X X B. Garage C. Driveway X X D. Sidewalk X X £. Patlo/Deck X X F; Landscape Underlain By Plastic Or Fabric X X X O. other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ‘ A _____________ B. . •• •• •- • • • # • • • •S,F. 7 6^ S xToo r1 ifL WMih xlOO - S.F. S.F. 5.F. S.F. S.F. S.F. SJ. S.F. • S.F. S.F. S.F. lr\-7. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. r* i • •• ^ • HARDCOVER CALCULATION WORKSHEET ------^ SETBACK Z<K<Et (CIRCLE ONE) 0-75* 75^0" 250-500* <j00-1000* . rnSTIMO HARDCQfVER TN TONE A. . X • • Lui^WIddt .. B. -Oirtse- • • *••• C. Dclvewv D. Sidewalk E. Pedo/Deck F. Landsc^e Underlain By PUsdc Or Fabric •*. • X’ X X !. V‘x ■ • • ., •••/ • • • X X X X X X X X X • •• •* •: *•• •• ••* • - • S.F. • S.F. S.F. 5.F. S.F. O. Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A • • ■ ________ +. B .X100 • > yPOPOSED HARDCOVER TN ZONE ’ A. House _____________ : U:|<b WUdi B. Oarage C. Driveway D. Sidewalk E. Ptcto/Deck F; Ltndsctpe Uadcdiln By Pltstlc OrF^cic X X X X X X X X X X X X nCyih S.F. ______S.F. S.F. _S.F. S.F. _S.F. SJ. S.F. "S.F. S.F. , 96- O S.F. lCKi-lC'-/.-i S.F. S.F. S.F. S.F. S.F. S.F. S.F. >.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. O. Odier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE * * —A _____________ ♦ B .xlOO - S.F. S.F. S.F.r* txw. Wg-is: ill y-SS: iiSSS mm.m li iiiiiiilII! * i ?iiii m mm :Sif »4lii ! •: x<* ^ H-i-i •iiiIffl « lif "ili vi'■••X *• •*• • *• * • « • W-:v: V.‘ • ♦ li *11 J#ll %•« i-s-xis ill X*! lvl% :sis?<ii mrn^m :X:::';v;-x-x-X ‘;:-xx •feixii:!; ■P i:;«i ii x:-:-x*:* .......*>-x*x:. x-x-x-:x->x*>. x^^x-:*!' 11 Ilf ••:->x'xx: . . • • • « 1#' Loo^^pjvrtc vwr 5£^ i 1 •’* 4-ttb; 1 “T f 1 j 5 n mifiiU lJ I \ i |fiSSSB 1 1 • ■ ■ ^1=^ 5 t~ir^ t % • }f-i, *1 t • ,==Si IHF 1 S3Z Ml T x^y-r-x #*>.*«*»^**« ‘ ■ «*•*-*• v-:X • • •• ■••••» ' '-V .....................................;.v •x‘ X»X*’-• »»»«.* ■x-x’x-. ¥ 'hiSfS>^Sn£ioP4yi^B^ 79gf%e^7p^£C^siwj€- ~iT6k Tf/f 79af£>£7a7iM/A^eO PeK ACTUAc. ^PAoe.. .............. 5AP5 3AAi .l*cC4- •me r U1 m If)rr is-i-i II IIIpikm :<-yy.;:,•. X'I'X* W. ...mm 4|piSf|i »■if li SsiS CP □Zni!lTM11 D v»>‘ „ t •0____ii.' >~ r S* fj •*• li /I' H I ii ■''Vr I , •i ( T! ^ • . ^ i /. ftf a k'j /' •■'•^ f,> !)i ^ * J •::»S-,« - ^5 “^' ■ ■ -r^v' i'(> V* :>7 S3 (-V / f A I \ Vit ' . // • \/.ri^/\ s I 1 M im. I MiOfy ■■-=-';^Tv-»Si5^a:- ^'Uv I - * =-r^m » ■ay *^■l i^r . lI: - V .JC^ H ' '''■"!■ /;i"' vO; i/f:;iiaw ' » ' V ^Brv'E-f-siS <?r?:Vi r«:3fe;'; Ji'.; <3s&sy»:4i&-LffciiSB msmmWfW?'■■^- <r .• • 0 ‘» iV 4:-. '^7!>3 (<•■ >.(■.' aK^? ^ ^ ■ « r *•. .f Henryapin County Taxpayer Seivices U i.Kr ^ k. f - -ATW^ 2o- // "7- ; 7 I?* “ ♦ 04,7 Parcellnfbrmatlon ‘ • • •*. •. S 4 »•. 4*.l Pare«l ID 201172331i lOD«/. 'r Houm Numbar 3783 Straat Nama CASCO AVI f-.. -r S'" TN$l»not»l»gtlyf9ooidtdmtp.linpims$ni$0eimfitallon.eflnhmttlon.t, tnd data tixmCily. County, and SM»n»(SmMhoiMim»ndclh$r SiuSi mdk kl4 r RUN DATE 12/10/t2 BATCH SB7 HENNEPIN COUNTY PROPERTY INFORNATION SYSTEN PROPERTY OWNERS LIST REPORT NO. PIASSAIl PAGE 51 PROP AOOR ONNER NANE TAXPAYER NANE/AOOR SB 2I-117-2S 2A •••B •275S CAROLINE AVE D J I D R NEBIG DONALD J • DAMN R IKBXO 2715 CAROLINE AVE WAYZATA NN 55SYI SB 2B-1I7-2S 2A f274B ETHEL AVE L L VXaCNAXR • R L VICKNAIR LANCE L I RHODA L VIOCNAIR 27AB ETHEL AVE WAYZATA NN SSSBl SB 2A-U7-2S 31 BBBS •S7SB CASCO AVE W N KOCN XI B J R FUGLESTEN JILL R FUGLESTEN WILLXAN N KOCH XX S7Sf CASCO AVE WAYZATA NN 55Sn PROP AOOR OWNER NANE TAXPAYER NANE/AOOR SB 2B-X17-2S SI iM9 •S75S CASCO AVE R L KAIL t D N SUPERNAL? RXCHARO L KAIL SBBB SUNSET DR SPYING PARK NN 55SBB SB 2B-X17-2S SI •S759 CASCO AVE BRUCE 0 NAOOEN ETAL BRUCE D NAODEN S759 CASCO AVENUE WAYZATA NN 55S91 SB 2B-1X7-2S SI BBll •fiSB ADDRESS UNASSXGNED DEAN V GREXNANN DEAN V GREXNANN S779 CASCO AVE WAYZATA m 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR SB 2B-117-2S SI OBXB •OiSB ADDRESS UNASSXGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX BB CRYSTAL BAY NN 55S2S SB 2B-1I7-2S SI BIIB BfBSB ADDRESS UNASSXGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX BB CRYSTAL BAY NN 55S2S SB 20-117-23 SI OOIB OOOSB ADDRESS UNASSXGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX BB CRYSTAL BAY NN 55S2S PROP AOOR ONNER NANE TAXPAYER NANE/ADDR SB 20-117-2S SI 095B •3721 CASCO AVE 0 R WELTY B N N JIN D R WELTY B N N JIN 3721 CASCO AVE WAYZATA NN 55S91 SB 20-117-2S SI 00B2 •27B0 CAROLINE AVE S L B J N ROSSTEDT SCOTT B JANET ROSSTEDT 27B0 CAROLINE AVE WAYZATA NN 55S91 SB 20-117-2S SI 0BB7 •2BBB CASCO POINT RO CHARLES F NELSON B WIFE CHARLES B LUCY NELSON 2BBB CASCO POINT RO WAYZATA NN 55S91 ^ . PROP ADDR OWNER NANE TAXPAYER NANE/ADDR SB 20-117-23 SI 0071 03750 CASCO AVE NARTI LYNN NARTX LYNN 3750 CASCO AVE WAYZATA NN S5S91 TOTAL BATCN 507 OOOIS J 1 P :' /• iiirtlNfriiiiiiirt ^ I Al Jprs.. •■• . *1 r , ■■■ ,.■■■■..y L. s.- V, ■’ ‘I ;«lVi>^ // . RUN HATE I2/lt/t2 HATCH 5t7• * HENNEPIN COUNTY PHOPEOTV INFOMUTION SYSTEM PtOPCNTV ONNEHS LIST o o '4,.»■>xj<o J REPORT NO. PlOSSOOl PASS SI OP MY KNOM.EOGE AM iCtlEP. imwiiwi, ™.T* KST HATE } \ \ : ' » . ! t CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 57 S_____ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2027 WHEREAS, Richard Lee Kail (hereinafter "ihe applicant") is the owner of the property loca.^”“fcL Avenue within Uk City of Orono and legally descnbed at follows: Lots 7 and 8. Block 4. Casco Heights. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance ‘<> Mumcipal Minnesota: NOW, therefore , be it resolved by the City Council of Orono. findings 1. 2. This application was reviewed as Zoning File #2027. The property is located in the LR-IC Lakeshore Residential Zoning District requiring one-half acre in area. 3.The Orono Planning Commission reviewed this application on June 19. 1995 an recommended approval of the proposed variance based upon the following umque findings and hardships: A. A single family residence has e.xisted on the propert>’ for over 50 years. B. The propert>- is served witli municipal sewer and water. C There is no adjacent land available to acquire except for the 14 unimproved public alley to the east. If alley were to be vacated, applicant would receive 1,253 s.f. of additional area. Page 1 of 4 I 1 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 578 D. Existing improvements on the property encroach into the public right-of- way. E.The existing structure is located 18’ from the street lot line where a 30’ setback is required. F.The existing structure is located 0’ from the east side lot line where a 10’ setback is required. G.The subject property is consistent with the size and width of other adjacent properties in the immediate neighborhood. H.The new construction will have no impact on residential development as all drainage will drain directly to a ponding area on land owned by City to south and west. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the communitv. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a residence on a propeny that does not meet the required area for the zoning district and grants a variance of 6,135 s.f. or 28% (per Section 10.03, Subdivision 16 (A-1), variance of 1,779 s.f. or 10%). subject to the following conditions: Page 2 of 4 GITYof ORONO RESOLUTION OF THE CITY COUNCIL 8 573NO. 1.Upon applicaiion for a building permit, applicant shall provide a survey locating designated wetland at the southwest comer and proposed house. Applicant shall also provide detailed grading and drainage plans. 2 The concrete pad located within public alley to be removed prior to the issuance of a building permit for new construction, 3.Applicant to obtain a demolition permit for the removal of both the garage Md house. The Building staff shall determine if detached prage can remain during the period of construction of new residence. Per Section 10.03, Subdivision 7, applicant may apply for a permit from the City that will allow applicant to reside in the existing residence for a three-month period. 4.Authorities granted by this variance run with the property not with the applic^t, but are permissive only and must be exercised by application for a building permit within one year of the date of CouncU approval, or this variance will expire on that date (June 26, 1996). 5.Violation of or non-compliance with any of the terms and conditions of t^s variance shall constitute a violation of the zoning code, shall automaucally terminate any authority granted herein, and shall be punishable as a misdemeanor. 6.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City CouncU of the City of Orono. Minnesota at a regular meeting held on the 26th day of June. 1995. Vo Edward J. Callahan/Jr., Mayor Voperty Owner (s) Page 3 of 4 r •ITCi-IS CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO. 8 5 75^ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of June. 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. II1 aseaaeeKBBk Notary — STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thisi^T^'day of ______, 199*3' before me a Notary Public within and for said county, personally anl^/id ^//a :,J^ _________ known to me to be the person(sVwscribed in and who executed tfie foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Si /UStiK JAMIELBOSMA NOiMnrPMUC^mNfa « NENNimOOUNTY N My CoiTHnission EipiiS Jin. 31(2000 NOTAfiY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of _, 199_before me a Notary Public within and for said county, personally appeared_________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 )RONO E CITY COUNCIL L7S le on this 26th day of June, id City Clerk of the City of 5 executed on behalf of the ------------------ ......•MG 1 0 2003 REQUEST FOR COUNCIL ACTION . , DATE: February 10,2003 ITEM NO.: /O Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director ’s Report Item Description: Request for Final Payment, Hackbenry Park Playground Equipment Project We iuive reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment, Hackberry Park Playground Equipment Project to ODESA Construction Inc. in the amount of $13,156.27 me a Notary Public within __________________ : foregoing iinstrument,and :t and deed. me a Notarv Public within ; foregoing instrument.and :t and deed. I^Bonestroo SSRoMne HAnd(flc& ^Associates Ioj|inftrs4AfcMlf{ti Owner Oty of Orono PO Box 66Crvslal Bay, MN. 66323-0066 Date; January 22.2003 For Period:11/6/2002 to 1/22/2003 Request No: 2 AND FINAL Contractor OOESA Construction 10300 Golden Spike Rd. PO Box 205. Gilman, MN. 66333 CONTRA'ITOR’S REQUEST FOR PAYMENT HACKBERRY PARK PLAYGROUND IMPROVEMENTS BRA FILE NO. 139^-118 SUMMARY 1 Original Contract Amount 2 Change Order • Addition 3 Change Order • Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Materid on Hand 7 Amount Ea'-ned 8 Less Retainage 0% 8 Subtotal 10 Lom Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO, 2 AND FINAL 000 000 $_ _ _ _ $ $ $ $ $ s $ $ 102.146 01 102.146 01 102.146 01 0 00 102.146 01 0.00 102.146 01 88,989 74 0 00 13.156 27 Recommended for Approval by. BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. Approved by Contractor ODE^ CONSTRUCTION Approved by Owner. CITY OF ORONO Specified Contract Completion Date; __________ December 30,2002 Date; m 1 '‘V- iu. m t Itwn 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SItt ifK9, rvgutar ProlKtIon oC cakh basin in strsst Sits Qrsding^al thsping Rsmovs sxisting swings and sHds 4" HOPE draintls with fabric sock r HOPE draintHa with fabric sock Connsct drain lila to siructura Concrala play araa curbing (8%18*) 6* concrala pavamant Synthattc rasWant surfacing Racyda drainaga aggragata (CV) Drainaga aggragata (CV) Oaolaxtia FWar Racyelad nibbar Has p*x3*) Engir\aarad wood fibar mulch (LV) Ray sirucluras (complata) Swings (complala) Sodding, lawn lypa Saading (shady mix) Total Basa Bid Total B( Total Work Complalad To Data Contract Unit Quantity Amount Unit Quantity Prica to Data to Data IF 190 1.93 190 $366.70 EA 1 180.00 1 $180.00 LS 1 6012.00 1 $6,012.00 LS 1 464.80 1 $484 60 LF 250 4.87 250 $1,217.50 LF 64.6 7.67 84.5 $665.02 EA 1 239.20 1 $239.20 LF 368 15.86 368 $5,836.48 SY 741 7.66 741 $5,624.26 SY 429 17.51 429 $7,611.79 CY 23 5.90 23 $135.70 CY 30 24.96 30 $748.80 SY 525 2.05 525 $1,076 25 EA 9 89.90 9 $809.10 CY 215 28.32 215 $6,068.80 LS 1 60304.61 1 $60,304 61 LS 1 2977.00 1 $2,977 00 SY 300 300 300 $900 00 AC 0.25 3072.00 0.25 $768.00 $102,146.01 $102,146.01 $102,146.01 1 PROJECT PAYMENT STATUS OWNER CITY OF ORONO #REFI BRA FILE NO. 139^-118 CONTRACTOR OOESA CONSTRUCTION CHANGE ORDERS No.Date Daacription Amount f Total Changa Ordars PAYMENT SUMMARY No.From To Payment Rotainaga Completed 1 10/02/2002 11/05/02 88.989.74 4.683.67 93,673.41 2 AND FINAL 11/06/2002 01/22A)3 13.156 27 102.146 01 Material on Hand Total Payment to Date $102,146.01 Original Contract $102,146.01 i Retainage Pay No. 2 AND FINAL Change Orders Total Amount Earned $102,146.01 Revised Contract $102.146 01 id • ...^\NG REQUEST FOR COUNCIL ACTION rr'H 1 0 2003 DATE: FeBfiiar>^T(i^58fi!P ITEM NO.: 11 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report 7A Item Description: Request for Furchuse^f a Bobcat Skid Steer Loader The 2003 General Fund Capital Equipment Budget included $50,000 for the replacement of the 1989 Bobcat Skid Steer Loader, which has 2,200 operational hours on it, with a new Bobcat that has a bucket, grapple fork and a snow blower with a truck chute attachment. The existing loader is too small to add attachments and is not large enough to be very effective. It is in poor mechanical condition and needs work on the hydraulic system. The attachments will allow use of the Bobeat for additional tasks such as loading of brush from tree trimming activities and more efficient snow removal. Additional attachments, which would be used infrequently, are also readily available for rental from several area equipment rental companies. The snow blower attachment with a truck chute will allow for snow removal from the Navarre area sidewalks and parking lot in a more efficient manner. Currently the snow- is loaded into trucks with the loader, which is time consuming and presents safety concerns from backing up the loader, 'fhe backup warning beeper on the loader is also a nuisance at night, and we routinely receive complaints from neighborhood residents when removing snow at night. Nighttime snow removal is necessary because of the amount of traffic and parked cars during the da>-. This new Bobcat and snow blower could also be used for the more efficient clearing of the additional public sidewalks and trails that will be constructed in the Highway 12 area higher density developments. We already receive numerous requests for winter maintenance of trails in the City, and with increased development these requests will most likely continue to increase. '1 he state bid price for this Bobcat and attachments is $37,800 and it will be purchased from Lano Equipment in Chaska. Because of the age and poor condition of the existing Bobcat, the trade in value is minimal. Our plan is to retain the existing unit for small jobs and use in public work's shop a. *a until there is a major mechanical breakdown at which time the unit will be scrapped. COUNCIL ACTION REQUESTED Approve purchase of a Bobcat Skid Steer Loader with attachments from Lano Equipment, Chaska Minnesota for $37,800 to be funded from the 2003 Improvement and Equipment Outlay Fund Budget. REQUEST FOR COUNCIL ACTION ^ ^ OlFY OF Oi DATE: February !0.2003 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Reportm Item Description: Navarre Fire Station Project Development Costs Soil Koriiigs and Report Soil borings will need to be completed for this project in order to proceed with the building foundation design, and the pavement section design for the street and parking lot. We are recommending that S I S Consultants complete this work based on their ability to provide quick service, and their reputation for high quality geotechnical reports. The architectural firm routinely uses S I'S Consultants for these services and is very satisfied the quality of reports received. I he cost for completion ol the soil borings and geotechnical report is $3,1000. Wetland Mitigation Plan fhis project involves the filling ol'wetlands and the completion of wetland mitigation. Our recommendation is that the wetland mitigation be completed on the site. 1 he Wetland Conservation Act rules recommend that the most desirable option is to complete the wetland mitigation as elo.se to the wetland impacts as possible. It is possible to complete wetland mitigation off the project site, but this option is viewed as less desirable. In order to facilitate approv al of the wetland impacts by the Minnehaha Creek Watershed District in an expedient m.inner, onsite mitigation of the wetland impacts is the most desirable option. B»>nestroo Fngineers has prepared a preliminary version of a po.ssible wetland mitigation plan based the worst ca.se scenario of a 2 to I ratio for mitigation of the wetland impacts, fhe w etland rules require a minimum I to I ratio of newly created wetlands versus the amount ol actual wetland impacts. The remaining mitigation to achieve the required 2 to I ratio can be obtained by "Public Value Credits" for items such as wetland bulTers and rain gardens. The .squ.tre footage area of these Public Value items do not receive a full I to 1 credit for wetland replacement. For example this project will impact 10,000 square feet of wetlands which requires a minimum of 10.000 .square feet of new wetlands. Public Value credits can be used to obtain the remaining 10.000 square feet of mitigation required. For this site a plausible scenario is the Page 1 of 2 creation of 15,000 square feet of new wetlands and 5,000 square feet of Public Value Credits. The attached plan shows 20,000 square feet new wetlands. Bonestroo is currently working on a revised plan to show less new wetlands and use of Public Value Credits which will be submitted to the watershed district on Tuesday, February I Ith. The proposed schedule for Watershed District review of this project is at their February 27*^ meeting. The City submitted an application request on Thursday, February 6* which was the application deadline. I'his application only included the concept plan and wetland impacts for the new fire station without any mitigation plans. They are expecting mitigation plans by Tuesday, February 11"*. It should be noted that any plans submitted now are preliminary and can’t be finalized until this spring when an official wetland delineation is completed and approved by the Watershed District. This preliminary work is based on a wetland determination last fall after the growing season had ended. COUNCIL ACTION REQUESTED Approve completion of soil borings for the Navarre Fire Station site by STS Consultants, Maple Grove Minnesota at a cost of $3,100 with approval of a budget adjustment for the Navarre Fire Station Construction Fund to reflect this expenditure. Approve completion of a wetland mitigation plan for the Navarre Fire Station site by Bonesuoo Engineers, Roseville Minnesota at a cost of $6,410 with approval of a budget adjustment for the Navarre Fire Station Construction Fund to reflect this expenditure. Page 2 of 2 F 5 li PREUMIN RY wrTLANO IMPACT tc MITIGATION PLAN (SOU -4) CITY Of CAONO NAVAR?.£ f«£ STATCN Sc*i# Ir f^#t ■•\ij|\uiu<)(vcM\HMr ncuao\'<w»« CXH3iT 1 Mtftik , S0CMf. • •• • REQUEST FOR COUNCIL ACTION —^iNG 1 0 2003 w... urtONo DATE: February 7« 2003 ITEM NO: / 3 Dcpartncnt Approval: Nanc RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Long Lake Fire Station Certificate of Substantial Completion Attached is the Certificate of Substantial Completion on the Long Lake Fire Station. The Certificate has been signed by both the Architect and the Contractor. The Certificate indicates the City accepts the work as substantially complete, and will take possession of the building. COUNCIL ACTION REQUESTED: Motion to authori7.e the City Administrator to sign the Certificate of Substantial Completion on the Long Lake Fire Station. V - .wy i V r 2dOO Edition - Electronic Format AIA Document G704 - 2' Certificate of Substantial Completion punirri! Long Lake Ftr« Station (Sdtnt snJ Sildftis) 140 Willow Driv Lon« L«l<«. MN S5156 TO nwMFRS: City of Long Lake 1964 Park Avnu« Lon« Lake. MN 55356 and City of Orono (Sime Mi! 1750 Kallev Parkway Crvrtal Bav. MN 55313 PROJECT NUMBER: 1515.01 CONTRACT FOR: Complete Construction CONTRACT DATE: March 27.2001 TO CONTRACTOR: Rochon Corporation (Sdtne in J address} 3650 Annapolis Lane. No. 101. Plymouth. MN 55447 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: c c i * r>i« details ind specification^ prej)4csd-by-tb*-B!^VJ5rflURjQSx..8nidaJfii2Lli/Q2. The Work perfomu ’d under this Coni rad has Ken reviewed and found, lo the Archiied’s beM knowlcdpe^nfonnalion and Klief, lo be subslanlially complete. Subslantial Complelion ts d)i slice in i^’u* progress of ihc Work wlicn ihe Work or desiipialed i»mon ts sufficiently accordance lilh the Contract 1 )cH.unienls so that the Owner can .Kcupy or utilize ‘ h' intended use The ilale of Subsianlial Completion of the I’rojccl or ixirtion desiy.nated above is the dale of issuance established by this Certificate, which U also the dale ol coniinencemcnl of applicable warranties reciuirei by the Ckmli^t ITocuments . except as staled K'low; Punch list issuedLundtrjtepjjmieysr. / '~T~P a /f »KV Croup, In.. ^------- ARCHItECr IRlf / DATE OF ISSUANCE A list of lU iiis to be completed <\ct»/ecled is attached hereto. The failure to include any items on such hsl diHS not alter the res|x^'ility of the Contractor to complete itll Work in <>««^ance Mth the ('ontracl Documents. Unless otherwise agreed to in writing, the dale of waiianiies for items oil the attached list will K- the dale of tssuance ol the hncl (.ertilicalc of Payment or the dale of final payment. Cost esUmalf of Work that is incomplilt or defecti\t: ft Mflfl Th# Amwitan InsMule ol AEchilecti ftepfc>ductio<i ol the material hwnn o- suboanlial quolatiw ol ill Dtowiiions writhool written permission of Ihe AIA violates the copyiighr laws of »h ’I- 'ed States and wiU suWKf the violator to legal prosecut.on WARNING Unlicensedphotocopyingvi^ates o , copyright Uwswd will*t^hiect the violator to legal prosecution. This document was electronically produced with permission of the AIA aniTcan be reproduce^in accordance with your license without violation until the date d expiration at U.« tauwn. ■ W-IOOl AIA ikuu. Numlw 10001». wA.rh r.p..« «u loriofjooj. OWNER ARCHITECT CONTRACTOR FIELD OTHER AUJHINJICATION Ot THIS mCTRONICAlLY ORAfTlP AIA DOCUMINT MAY BE MADE BY USING AIA EXKUMENT 0401 C 3000 AIA® AIA DOCUMENT 0/04-3000 CERTIFICATE OF SUBSTANTIAL COMPLETION The American tnstituie of Architects 1735 New York Avenue, N W Washington, O.C. 30006 5393 fa* eomplatej fry |unf * ^00^- ** ■«gh«n Corooftlon CONTRACTOR / I DATE The cvn.r .cc.pt. the Wo,k ., dcignatcd .. ..b.t.«i.llp compl... .nd «i« f»U possession at 12fll(timc) on lanuaj^^^W datO- , / - ^ ^ - City of Long Uko ^---- - 1/--------- OWNER DATE CItvof Orono.DATE The responsibilities of tire Owner and Contractor for security. maintena.Ke. heat, utilities, damage i(m200] jorj-08-2003 17:45 ROCHON CORKIROTION VtaJ blOl ROCHON CORPORATtOM 36SO ANNAPOLIS LaNE NORTH Suite lOl PLYMOUTH. MN 55447 OFFICE 763.559.9393 Fax 763.559.0101 Tra nsmittai Cover Sheet Detailed. Grouped by Each Tiansminal Number Long take Fire Station 340 Willow Drive Long Lake. MN S53S6 tS?^2-473-2655 Fax 952-473-2655 Roehon Corporation Rofererrco Number: 0382 Date; inm Transmitted To Transmitted By BittWolters Consbuctive Ideas 901 Jofferaon Avo, Suite 300 St Paul. MN 55102 Tel: 651-225-4740 Fas 851-225-4741 Bin Hays Rochon Corporation 3650 Annapolis Lane No., #101 Plymouth. MN 55447 Tel; 763 559-9393 Fax 763-559-8 101 Pectrage Transmitted For Information Delivered Via Tracking Number Hem f Qty Ifw Referanco Description Notes Status Cc: ContpanyName BKV Group Contact Name Copies Notes JonRaH 612-339-6212 Remarks Bill. Please contact me with any questions A 1-S-013 Signature Signed Date REQUEST FOR COUNCIL ACTION ^ ^ CM Y Uf UMUNO DATE: February 7,2003 ITEM NO = // Department Approval: Nanc Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Change of Funding Source for the Change Order Number 4 Portion of Application and Certificate for Payment Number 9 for the Long Lake Fire Station The Long Lake fire station Application and Certificate for Payment Number 9 included the $ 1 6,21 0 cost of Change Order Number 4, which is for soil correction work in Willow Drive related to the installation of a trunk sewer line. The sewer line serves the fire station, but also has capacity to serve future sewer needs in Orono west of Willow Drive. In order to expedite the construction of the sewer line adjacent to the fire station, Orono agreed to fund the cost of this portion of the sewer line. Due to poor soils, significant soil correction was required to provide an adequate base for the portion of Willow Drive that was excavated for the sewer line trench. When these costs were initially brought to the Council for payment as part of Application and Certificate for Payment Number 9, they were recommended to be paid from the Joint Fire Station Account. They should have been paid from Orono’s Sewer Fund. The Council is now being requested to approve the payment of these costs from the Sewer Fund. These costs will be reimbursed to the City by Mn/DOT. COUNCIL ACTION REQUESTED: Motion to approve payment of the costs related to Change Order Number 4. in the amount of $16,210, from the Sewer Fund, rather than from the Joint Fire Station Account, and to amend the Sewer Fond budget to reflect the expenditure. S' - ■1^' f¥ ------------------------ 1 0 2005 Cl I r Ur Unu„oREQUEST FOR COUNCIL ACTION DATE: February 7,2003 ITEM NO: Dcpartmciit Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Lease With North Memorial Medical Center for Space for Ambulance Crew in the Long Lake Fire Station. Attached is the lease between the Cities of Long Lake and Orono and North Memorial Medical Center for the use of space in the Long Lake Fire Station. The lease rate is $250.00 per month. This rate is acceptable to North Memorial. COUNCIL ACTION REQUESTED: Motion to authorize the City Administrator to sign the lease to provide space for the North Memorial ambulance crew in the Long Lake Fire Department. LEASE THIS LEASE (the “Lease”) is made and entered into effective as of February f , 2003 (the “Effective Date”), by and between THE CITIES OF LONG LAKE AND ORONO collectively referred to as ("Landlord”), whose address is Fire Station, 340 Willow Drive, Long Lake, Minnesota 55356, and NORTH MEMORIAL MEDICAL CENTER, MEDICAL TRANSPORTATION DEPARTMENT, a Minnesota corporation (‘Tenant”), whose address is 3300 Oakdale Avenue North. Robbinsdale, Minnesota 55422. RECITALS WHEREAS, Landlord is the owner of the real property described on Exhibit A attached hereto and made a part hereof (“Parent Parcel”); and WHEREAS, Landlord has constructed a Fire Station; and WHEREAS, Tenant desires to lease a portion of the Fire Station to use as an employee break room and uses ancillary thereto and the City is willing to lease the premises to Tenant upon such temis and conditions as are expressed herein. NOW, THEREFORE, Landlord and Tenant, intending to be legally bound, hereby covenant and agree as follows: 1 •) PREMISES. Landlord does hereby lease, demise, and let unto Tenant, and Tenant docs hereby hire and take from Landlord, upon the terms and conditions set forth herein, that portion of the new Fire Station as depicted on the site sketch contained in Exhibit B attached hereto and incorporated herein (“Premises”), consisting of approximately 120 square feet and hereby grants to Tenant, for the term of this Agreement, a nonexclusive and unconditional rights-of-way and easements, over, upon, and across the Parent Parcel for ingress and egress to the Demised Premises and for one paricing spaces as depicted by the site sketch contained in Exhibit B. 2.)TERM. (a) Initial Term. The initial term of this Lease shall commence on the Effective Date and temiinate on December 31, 2007, (the ‘initial Term"), unless earlier terminated as provided herein. (b) Renewal Term(s). The term of this Lease shall automatically renew on the same terms and conditions herein, for five (5) additional periods of one (1) year each (the “Renewal Term"), unless earlier terminated as provided for herein. (c) Termination. The Initial Term of this Lease or any Renewal Term may be terminated by Landlord or Tenant upon ninety (90) days written notice to the Landlord or Tenant. In the event the Lease is terminated by Landlord or Tenant, Tenant shall be released of all further liabilities and obligations, including Rent otherwise required under the terms and conditions of this Lease upon the expiration of the ninety-day period. The Initial Term and all Renewal Term are collectively referred to herein as the ‘Term.” 3.) MAINTENANCE . Landlord shall be responsible for maintenance and repair of all structural components, heating, ventilation, air conditioning, electrical, plumbing and mcchanicul systems of the Premises. Tenant shall otherw ise keep and maintain the premises in as good or better condition as same were in at the beginning of the Lease, ordinary w’car and tear and insured casualty excepted. Tenant’s maintenance obligation shall be limited to ordinary day-to-day maintenance and shall not include any obligation to replace any fixture, facility or system in the Premises unless directly damaged by Tenant. 4 ) lawn Care and snow removal . Landlord will be responsible for all snow removal. Landlord shall be responsible for maintaining the surrounding property, including lawn care, surrounding the Premises. 5.) UTILITIES . All utilities associated with the Premises, with the exception of telephon • serv ice, will be the responsibility of the Landlord. Tenant will be responsible for its own expenses relating to telephone seivice associated w ith the Premises. ) REAL ESTATE TAXES. In the event that the Premises is sold or transferred to a non-tax exempt authority. Landlord shall be responsible for all real estate taxes and special assessments. 7.) RENT . (a) Base Rent. Base rent shall be payable in advance on or before the first (1st) day of each and every month, commencing on the Effective Date, and continuing during the Term and each Renewal Term, and Tenant shall pay to Landlord “Base Rent ” for the Premises of Two Hundred Fifty and No/100 Dollars (S250.00) per month. At the end of the initial term. Landlord may increase the rent by providing Tenant with written notice of at least ninety (90) days prior to the expiration date of the Initial Term or Renewal Term; provided, however, that in the event Landlord adjusts the rent upward. Tenant may terminate the Lease effective as of the date the Rent is set to increase, by giving notice of such termination to Landlord within thirty (30) days prior to the expiration of the Initial Term or Renewal Term. (^5) Late Paym.ent Fee. If Tenant fails to pay Rent, or any installment thereof, on the date the same is due and payable. Tenant shall automatically be assessed and shall pay, as Additional Rent and not as a penalty, a late charge equivalent to five percent (5%) of the amount of such late payment. 8.) LIENS. Tenant shall not suffer or permit any statements ofmechanic ’s or other liens to be filed against the Premises or any part thereof by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises or any part thereof through or under Tenant. If any such lien snail at any time be filed against the Premises, Tenant shall cause the same to be discharged of record or shall deposit with the court an amount equal to one hundred twenty-five percent (125%) of the amount claimed, within thirty (30) days after the date of actual notice to Tenant of filing the same. If Tenant shall fail to discharge such lien or to deposit such amount within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or by giving security or in such other manner as is, or may be, prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, and all reasonable other expenses of Landlord, including reasonable attorneys ’ fees, in or about procuring the discharge of such lien, and all necessary disbursements in connection therewith, together with interest thereon at the lower of the maximum rate allowed by applicable law or the rate of twelve percent (12%) per annum from the date of pa>ment. Nothing herein contained shall imply any consent or agreement on the part of Landlord to subject Landlord ’s estate to liability under any mechanic’s lien law. 9.) QUIET ENJOYMENT. Landlord represents and warrants that; (i) it is the lawful owmer of the Premises; (ii) that it has the full right and power to make this Lease; (iii) that if and so long as Tenant shall not be in default hereunder. Tenant shall quietly hold, occupy, and enjoy the Premises during all of the Temi. 10.) ASSIGNMENT AND SUBI.F.TTINf: (a) Transfers Prohibited. Tenant shall not assign or transfer any of its rights under this lease or sublease any part of the premises. Any assignment or subletting of the premises is prohibited. *L) DEFAULTS OF TENANT AND LANDLORD’S RFMFnir«>; i (a) Event of Default. The occurrence of any one or more of the following events shall constitute an “Event of Default ” under this Lease: Failure to Pay Base Rent. Tenant shall fail to timely pay any amount of Base Rent due hereunder, and such failure shall continue uncured for more than five (5) days after receipt of notice thereof from Landlord; Failure to Perform. Tenant shall fail to perform any other covenant of this Lease and Tenant does not cure or reasonably commence and proceed diligently to cure such failure within twenty (20) days after receipt of notice thereof from Landlord. Bankruptcy. Ifduring the Term: (i) Tenant shall make an assignment for the benefit of creditors; or (ii) Tenant files a voluntary petition under the Bankruptcy Code of the United States or any state statute similar thereto, or Tenant be adjudged insolvent or a bankrupt pursuant to an involuntary petition; (iii) a receiver or trustee is appointed for the property of Tenant by reason of insolvency of Tenant; (iv) any department of the state or federal government, or any officer thereof duly authorized, takes possession of the business or property of Tenant by reason of the insolvency of Tenant; (v) Tenant continues in possession without the appointment of a receiver or trustee under Chapter 11 of the Bankruptcy Code; or (vi) Tenant is the subject of any petition or proceeding related to relief from creditors. (b) Remedies . If an Event of Default occurs. Landlord may at any time thereafter; Terminate this Lease. Terminate this Lease, and upon such termination. Tenant shall quit and surrender the Premises to Landlord, but Tenant shall remain liable as hereinafter provided; Re-Enter the Premises. Landlord or Landlord ’s agents and ser\ ants may immediately or at any time thereafter re-enter the Premises and remove all persons and any or all property therefrom, either by summary dispossession proceedings or by any suitable action or proceedings at law or by force or othenvise and repossess and enjoy said Premises, together with all additions, alterations, and improvements thereto, without such re entry and repossession working forfeiture or waiver of the rents to be paid and the covenants to be performed by Tenant during the Term hereof; and/or Re-Let the Premises. Upon the expiration of the Term by reason of any of the events described in Sections 7(b)(1) or (bX2) herein, or under any provision of law now or hereafter in force by reason of or based upon or arising out of a default under or a breach of this Lease on the part of Tenant (except where such breach or default is determined by a court of I competent jurisdiction to be justified because of Landlord’s acts or omissions), Landlord may, at its option, at any time and from time to time, relet the Premises, or any part thereof, for the account of Tenant or otherwise, and receive and collect the rents therefore, applying the same first to the payment of such expenses as Landlord may have incurred in recovering possession of the Premises, including legal expenses and attorneys ’ fees, and for putting the same into good order or condition or preparing or altering the same for re-rental and all other expenses, commissions, and charges paid, assumed, or incurred by Landlord in reletting the Premises and then to the fulfillment of the covenants of Tenant hereunder. Any such reletting herein provided for may be for the remainder of the Term as originally granted or for a longer or shorter period. (c) s Liability. If this Lease is terminated and/or the Premises is re-entered by Landlord pursuant to a default by Tenant of the terms and conditions of this Lease, whether or not the Premises, or any part thereof, is relet. Tenant shall pay to Landlord the Base Rent and the Additional Rent required to be paid by Tenant up to the time of such termination of this Lease, and thereafter Tenant shall, if required by Landlord, pay to Landlord until the end of the Term the equivalent of the amount of all the Base Rent and Additional Rent required herein less the net proceeds of reletting, if any. Landlord shall ha »c the election, in place and stead of holding Tenant so liable, forthwith to recover against Tenant, as damages for loss of the bargain and not as penalty, an aggregate sum which, at the time of such termination or such recovery of possession by Landlord, as the case may be, represents the then present worth of the excess, if any, of the aggregate of the Rent payable by Tenant hereunder that would have accrued for the balance of the Term, over the aggregate rental value of the Premises for the balance of such Term. (d) Cumulative Remedies. The specified remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any provision of this Lease. A receipt by Landlord of Base Rent or Additional Rent, including payment of Base Rent or Additional Rent by Tenant s receiver, trustee in bankruptcy, creditor, or assignee, with or w’ithout knowledge of a breach of any covenant hereof (other than the covenant for the payment of such Base Rent or Additional Rent) shall not be deemed a waiver of such breach. In addition to other remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction for the violation or attempted or threatened violation of the covenants, conditions, or provisions of this Lease. ’2 ) CONDITION OF PREMISES AT TERMINATION. At the termination of this Lease by lapse of time or otherwise. Tenant shall return the Premises in as good a condition as when Tenant took possession, excepting only ordinary wear and tear. • .ySE OF PREMISES. The Premises shall be used as an employee break room uses ancillary thereto. Tenant shall not use or occupy the Premises or knowingly permit the i Premises to be used or occupied in any manner that would cause structural injury to the Premises or cause the value or usefulness of the Premises or any part thereof to substantially diminish (reasonable wear and tear excepted) or that would constitute a public or private nuisance or waste. Tenant shall promptly, upon discovery of any such use or violation, take all necessary steps to compel the discontinuance of such use and/or violation. 14.) COMPLIANCE WITH LAWS. (a) General. Tenant, at its sole expense, shall promptly comply with all laws, ordinances, and requirements of federal, state, county, and municipal authorities relating to Tenant’s use and occupation of the Premises, and with any lawful order or direction of any public officer relating to Tenant’s use and occupation of the Premises during the Term. Nothing herein contained, however, shall prohibit Tenant from appealing from or contesting the validity or legality of such laws, ordinances, requirements, orders, or directions and, notwithstanding the foregoing provisi.-t '' «:-5 ihis section. Tenant shall not be deemed to be in default hereunder so long as Tenant diligently prosecutes such appeal or contest. (b) Permits. Tenant shall maintain in force and effect, and shall comply with all permits, licenses, and similar authorizations to use the Premises for the aforesaid purposes required by any governmental authority having jurisdiction over the use thereof Tenant’s failure to maintain such permits, licenses, and similar authorizations shall not relieve Tenant from the performance of its obligations and covenants hereunder (except obligations and covenants as may be prohibited by law), nor from the obligations to pay Base Rent or Additional Rent, as set forth herein. Tenant shall, at Landlord’s request, join with Landlord in executing, acknowledging, and delivering any and all petitions, consents, subordinations, plats, or easement deeds that may be required for the installation of any utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision, rezoning, special use, platting, or other similar development of the Premises, that do not affect Tenant’s use of the Premises during the Term. (c) Environmental Laws. Tenant represents, warrants and covenants to Landlord that: Tenant and the Premises shall remain in compliance with all applicable federal, state and local laws, ordinances, and regulations and rules (including consent decrees and administrative orders) presently in force or hereinafter enacted relating to environmental quality, contamination and clean-up of hazardous material, public health and safety, and protection of the enviroiunent, all as amended and modified from time to time (collectively, the “Environmental Laws’’). All govenunental permits relating to the use or operation of the Premises required by the applicable Environmental Laws are and will remain in effect, and Tenant will comply with the same. j Tenant shall not cause nor permit to occur any release, generation, manufacture, storage, treatment, transportation, or disposal of “hazardous material,” as that term is defined in Section 10(c)(7) herein, on, in, under, or from the Premises. Tenant shall promptly notify Landlord, in writing, if Tenant has or acquires notice or knowledge that any hazardous material has been or is threatened to be released, discharged, disposed of, transported, or stored on, in, under, or from the Premises; and if any hazardous material is found on the Premises, Tenant, at its own cost and expense, shall immediately take such action as is necessary to detain the spread of and remove the hazardous material to the complete satisfaction of Landlord and the appropriate governmental authorities. Tenant shall immediately notify Landlord of all (and provide copies upon receipt of any written) correspondence, complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Premises or compliance with the Environmental Laws. Tenant shall promptly cure and have dismissed with prejudice any such actions and proceedings to the satisfaction of Landlord. Tenant shall keep the Premises free of any lien imposed pursuant to any Environmental Law. Landlord will have the right at all reasonable times and from time to time to conduct environmental audits of the Premises, and Tenant shall cooperate in the conduct of each audit. The audits will be conducted by a consultant of Landlord ’s choosing. If any hazardous material is detected or if a violation of any of the warranties, representations, or covenants contained in this paragraph is discovered, the fees and expenses of such consultant will be borne by Tenant and will be paid to Landlord as Additional Rent under this Lease, within five (5) days after rendition of a bill or statement therefore. If Tenant fails to comply with any of the foregoing warranties, representations, and covenants, Landlord may, without notice to or demand upon Tenant, without waiving or releasing Tenant from any obligation of Tenant hereunder, but shall not be obligated to, cause the removal (or other cleanup acceptable to Landlord) of any hazardous material from the Premises. The costs of hazardous material removal and any other cleanup (including transportation and storage costs) will be Additional Rent under this Lease, whether or not a court has ordered the cleanup, and such costs will become due and payable pursuant to the terms and conditions of Section 4 herein. Tenant shall give Landlord, its agents, and employees access to the Premises to remove or otherwise clean up any hazardous material. (6) Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord and at Tenant ’s sole cost), and hold Landlord and Landlord ’s wife, their successors and/or assigns harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements or expenses of any kind (including attorneys* and experts’ fees and expenses and fees and expenses incurred in investigating, defending, or prosecuting any litigation, claim, or proceeding) that may at any time be imposed upon, incurred by, or asserted or awarded against Landlord or any of them in connection with or arising from or out of: any hazardous material on, in, under, or affecting all or any portion of the Premises; b.any misrepresentation, inaccuracy, or breach of any warranty, covenant, or agreement contained or referred to in this Section 20; c.any violation or claim of violation of any Environmental Law by Tenant, its agents, contractors, servants, employees or licensees; or d.the imposition of any lien for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of hazardous material. This indemnification is the personal obligation of Tenant and will survive termination of this Lease. Tenant, for itself and on behalf of its successors and assigns, waives, releases, and agrees not to make any claim or bring any cost recovery action against Landlord under any Environmental Law now existing or enacted after this date. To the extent that Landlord is strictly liable under any such law, regulation, ordinance, or requirement. Tenant’s obligation to Landlord under this indemnity shall likewise be without regard to fault on the part of Tenant with respect to the violation or condition that results in liability to Landlord. For purposes of this Lease, the term “hazardous material” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitations, PCBs, asbestos, asbestos-containing material, petroleum and petroleum-based products, and raw materials that are included under or regulated by any Environmental Laws or that would pose a health, safety or environmental risk. 15.) LANDLORD’S ACCESS TO PRFIVtKtFS (a) Inspection. Tenant shall permit Landlord and the authorized representatives of Landlord to enter the Premises at all times during usual business hours for the purpose of inspecting the same and making any necessary repairs to comply with any law s, ordinances, rules, regulations, or requirements of any public authority or of the Board of Fire Underwriters or any similar board. Nothing herein shall imply any duty upon the 8 r part of Landlord to do any such work that, under any provision of this Lease, Tenant may be required to perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant ’s default in failing to perform the same. Landlord may, during the progress of any work in the Premises, reasonably keep and store upon the Premises all necessary materials, tools, and equipment. Landlord shall not, in any event, be liable for inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant by reason of making repairs or the performance of any work in the Premises, or on account of bringing materials, supplies, and equipment onto or through the Premises during the course thereof, and the obligations of Tenant under this Lease shall not hereby be affected in any manner whatsoever. Landlord shall, however, in connection with the doing of any such work cause as little inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant as may reasonably be possible in the circumstances. (b) Showing/Advertising For Sale or Rent. Landlord is hereby given the right during usual business hours to enter the Premises to exhibit the same for the purpose of sale or Lease. In addition, during the final six (6) months of the Initial Term, Landlord shall be entitled to display on the Premises in such manner as not to unreasonably interfere with Tenant ’s business the usual “For Sale ” or “To Let” signs, and such signs may remain unmolested upon the Premises during such period. 16.) INDEMNITY. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct or management of or from any work or thing whatsoever done in, on, or about the Premises, and will further indemnify, defend and hold Landlord harmless against and from any and all claims arising during the Tenn from any condition of the Premises or any street, curb, sidewalk adjoining the Premises, or of any passageways or spaces therein or appurtenant thereto, or arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed, pursuant to the terms of this Lease, or arising from any act of negligence of Tenant, or any of its agents, contractors, ser\’ants, employees, or licensees, or arising from any accident, injury, or damage whatsoever caused to any person, firm, or corporation during the Term, in or about the Premises, or upon or under the sidewalks and the land adjacent thereto, and from and against all costs, reasonable attorneys ’ fees, expenses, and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding is brought against Landlord by reason of any such claim. Tenant, upon notice from Landlord, shall resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. 17.) SUBORDINATION. This Lease shall, at Landlord ’s election, be subject and subordinate to the terms and conditions of all mortgages which may now or hereafter encumber the Premises and to all renewals, modifications, consolidations, replacements, and extensions of such mortgages. In confirmation of such subordination. Tenant shall promptly execute any certificate of subordination or other such documents which Landlord or its mortgagees may reasonably request. 18.) NOTICES. Any notice, election, request, or other communication herein required or permitted to be given or served shall be delivered to the other party hereto (with f i if -A f. receipt obtained therefore), or mailed by United States certified mail, return receipt requested, postage prepaid, properly addressed to such other party at the following address: If to Landlord:City of Long Lake City Hall 450 Virginia Avenue P. O. Box 606 Long Lake, Minnesota SS3S6 Attention: City Administrator City of Orono City Hall P.O. Box 66 Crystal Bay, MN 55323 Attention: City Administrator If to Tenant:North Memorial Medical Center Medical Transportation Department 3300 Oakdale Avenue North Robbinsdale, Minnesota 55422 Attention: Unless and until changed by notice as herein provided, notices and communications shall be addressed to the above-listed addresses. Each such mailed notice or communication shall be deemed to have been given to, or served upon the party to which addressed, (i) on the date the same is personally delivered or (ii) on the date set forth on the certified receipt. All payments required to be paid to Landlord by this Lease shall be made to Landlord at the address designated above, or as may be hereafter designated. 19.) MISCELLANEOUS. (a) Applicable Law. The parties acknowledge that this Lease is subject to the provisions of applicable federal, state and local laws and regulations. Any obligation, duty or provision under this Lease that conflicts with any provision of applicable federal, state or local laws or regulations, is io that extent void. This Lease has been made, and its validity, performance and effect shall be determined, in accordance with the internal laws of the State of Minnesota. (b) Entire Agreement and Modification. This N^iiting contains the entire agreement between the parties, and there are no other terms, obligations, covenants, representations, statements, or conditions, oral or otherwise, of any kind whatsoever. Any agreement hereafter made shall be ineffective to change, modify, discharge, or effect an abandonment of this Lease in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge, or abandonment is sought. (c) Waiver. The waiver of either party of a breach or violation of, or failure of either party to enforce any provision of this Lease shall not operate or be construed as a waiver of any subsequent breach or violation or relinquishment of any rights hereunder, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. (d) Release of Landlord . If Landlord sells or otherwise transfers all of its interest in the Premises, Landlord shall, without further action by any party, be released and discharged from any further obligation or duty under this Lease, and no claim or demand upon Landlord shall thereafter be made by Tenant arising out of any obligation or duty of Landlord hereunder. Upon request by Landlord, Tenant shall execute an attornment agreement with Landlord ’s transferee in form satisfactory to such transferee. (e) Severability. If any part of this Lease or the application thereof to any person or circumstance is, to any extent, invalid or unenforceable under applicable law, the remainder thereof and the application of such terms, provisions, and conditions to persons or circumstances other than those as to whom it is invalid or unenforceable shall not be affected thereby, and this Lease and all the terms, provisions, and conditions hereof shall, in all other respects, continue to be effective and to be complied with to the full extent permitted by law. (0 Headings: Exhibits. The headings of sections in this Lease are for convenience only; they form no part of this Lease and shall not affect its interpretation. All schedules, exhibits, addenda, and attachments referred lo herein are hereby incorporated in and constitute a part of this Lease. (g) Binding Effect. All of the covenants, conditions, and agreements herein contained shall extend to, be binding upon, and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. (h) Construction. Both parties hereby acknowledge that they participated equally in the negotiation and drafting of this Lease and that, accordingly, no court construing this Lease shall construe it more stringently against one party than against the other. (i) Counterparts. This Lease may be executed in two (2) or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (i) IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. LANDLORD: CITY OF LONG LAICE TENANT: NORTH MEMORIAL MEDICAL CENTER MEDICAL TRANSPORTATION DEPARTMENT By: City of Long Lake Its: By: Its: North Memorial Medical Center Medical Transportation Department LANDLORD: CITY OF ORONO By: City of Orono Its: EXHIBIT A Legal Description of the Land: r »-iNG REQUEST FOR COUNCIL ACTION FfB I 0 m DATE: February 10,2003 ITEM NO: / Q: DepaHment Approval » Administrator Reviewed: Agenda Section: Name Tom Kuehn 7 City Administrator's Title Finance Director kf//^') Report Item Description: Establish 2003 Navarre Fire Station Capital Project Fund and Interfund Loan The City will be bonding for the construction of a fire station in the Navarre area this year. It is advisable to account for the various project costs in a separate capital project fund, which should be established at this time. In addition certain costs have been, or will be incurred prior to the sale of the bond issue. It is recommended that a short term loan be set up from the General Fund to the Navarre Fire Station Construction Fund to pay for those costs incurred up to the sale of the bond issue. After the bonds are sold the General Fund will be reimbursed from the Construction Fund. It has been determined that an initial loan of $20,000 should be sufficient. COUNCIL ACTION REQUESTED: Establish the Navarre Fire Station Construction Fund, and authorize the transfer of $20,000 from the General Fund to the Navarre Fire Station Construction Fund for the payment of expenses incurred prior to the sale of bonds, at which time the loan will be repaid. Mdaifei i '•mO FEB 1 0 2003 REQUEST FOR COUNC IL ACTION Oh I Ur Date: 2/10/03 Item No: j Department Approval:Administrator Reviewed;Agenda Section: Name: Title; Stephany Goo4^|^^ Chief of Police Item Description: Police purchase - unmarked vehicle Exhibits: DISCUSSION The police department wishes to replace its mechanir^'.y unsound forfeiture vehicle with anotlicr “newer” used car for investigative purposes. The police department has contacted several dealerships and has selected a car that best fits the needs of the department ut this time and is the most cost crfectivc choice. The cost of the vehicle including the trade-in will not exceed $2,800. The police department requests approval to make this purchase from existing forfeiture funJs. COUNCIL ACTION REOUESTHD Motion to approve trade-in of older model Acura for a newer used car, not to exceed $2,800. Motion to approve budget adjustment from forfeiture fund. n t FEB 1 0 2003 Cl I Y Uf UMU^uREQUEST FOR COUNCIL ACTION DATE: February 7,2003 ITEM NO: / ^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: 2003 Police Officer Contract Settlement A contract settlement has been reached with the Police Ofilcers for 2003. The terms of the settlement are as follows; I. Pay; Increa.se pay .schedule by 3.0% 2. Cafeteria Benefit Plan Contribution; $40.00 per month increase to a maximum contribution of $500.00 per month 3. Holidays; Increase the number of “premium ”holidays (holidays on which the officers receive an additional one-half hour of pay for each hour worked) from five to eight. The adjustments to pay and the cafeteria benefit plan are the same as the adjustments provided to the non-union employee group. The increase in the number of premium holidays brings this benefit more in-line with the market. COUNCIL ACTION REQUESTED: Motion to approve the proposed 2003 Police Officer contract settlement, reflecting a 3.0% pay adjustment, an increa.se in the City’s cafeteria benefit plan contribution to $500.00 per month, and on increase to eight premium holidays. ■ t ■'HM'unrVi - ii imm « ---------------I ■ nut 111 ■ li >■■■■! I m ^: i FFB 1 0 2003 REQUEST FOR COUNCIL ACTION umuixu Date: 2/13/03 Item No: Dq>artment Approval: Name: Title: Stephany Go Chief of PolicecfTr Administrator Reviewed:Agenda Section: /f"! Item Description: Automated Pawn System (APS) Service Exhibits: DISCUSSION I) The City of Minneapolis has developed and maintains proprietary software and a database for tlio control and regulation of property that is acquired by metropolitan area pawn shops. 2) Law enforcement agencies may subscribe to the database through a secured “intranet”. 1 his allows police to and enter and search for items that are reported stolen by businesses and residents. 3) The Orono Police Department has frequently used this scr\ icc by sending an Orono officer to the Plymouth Police Department to check the database. The Orono Police Department has enough of a volume of reported stolen property that this practice is not convenient to Orono or Pl>inou(h and is a poor use of investigative time. 4) 1 he Orono Police Department has solved cases and recovered property through the use of this system. Orono ofTicers believe that more leads would be developed by having direct access to the database. 5) Acquisition of the Aulotnaled Pawn System is expected to cost approximately S500 to set up and train personnel, and a rcoccurring cost of S72/monlh or S864/ycar. The AI*S was an approved 200.3 budget item. COUNCIL ACTION REOtlFSTFn Motion to approve acquisition of the Automated Pawn System, r W 9 C:rs9 •• REQUEST FOR COUNCIL ACTION FEB i 0 2005 Cl I t v^nv^i.v^ DATE: I'cbruary 7,2003 ITEM NO: 2.0 Department Approval: Name l.inVcc Tllli City Clerk Administrator Reviewed:iraior ■B Agenda Section: Licenses Item Description: List of Licenses for Council Approval KENNEL LICENSE I. Carol Brooks 980 West Femdale Road 4.Jayne Faasch 2150 Kenwood Way Kevin Garnett 450 Orono Orchard Road South 5.David and LuAnn Runkic 2684 Casco Point Road 3.Colleen Jabbour 985 Tonkawa Road SPECIAL EVENT 1.Applicant: Event: Location: Date: Time: Charles Cudd Company 2003 Parade of Homes - Spring Preview 1 140 Garden Court February 15 - March 23,2003, Thursdays through Sundays 12:00 p.m. Noon - 6 p.m. 2.Applicant: Event: Location: Da»c: Wells Fargo Bank - Way/ata Wells Fargo Half Marathon Begin: Wells Fargo Bank Wayzata. I jkc Street to Femdale Road to County Road 1 5 to Orono Orchard Road to Fox Street to Old Crystal Bay Road tt) County Road 51 t»» County Road 19 to Crystal Bay Road to Northvicw Road to Lake Road to (’ounty Road 15 to Old Beach Road to County Road 19 to Beehrlc Avenue to the Southwest LRl Trad to Water Street. Finish: Wells Fargo Bank Excelsior May 4, 2003 Time:8:00 a.m. - 11:00 a.m. TOBACC O LIC ENSE 1. James Anderst Narrows Saloon 3380 Shoreline Drive John O'Sullivan O'Sullivans 11 (Convenience Store-Culvers) 3340 Shoreline Drive 2. John O'Sullivan O'Sullivans I (Convenience Store) 2420 Shadyw ood Road Timothy Ivory Spring Hill GolfClub 725 Sixth Avenue North COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. H r’l / p:NNEL LICENSE APPLICATION ^ Effecuve Januaiy 1, 200__ to December 31, 200__ Property Address.-^RO \jJ ,'4 aJ . ?T Owner; (include city and zip)Mailing Address (if different); _____ Phone; (home)_H7'^ (^ork) RESIDENTIAL Kennel License Fee; $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time; (ever 6 moQChs of a Principal Breed; _______ Purpose for more than 2 dogs; Ko. Dogs normally kept; j^de ____^kennel structure COMMERCIAL Kennel License Fee; $150.00 (payment must accompany application) Name of Business; After Hours Contact; (name) (phone) Dog runs/exercise areas are; DEC ? 5 pC'i'o CITY Ur OrlOiVO-----_ inside____^outside__^both The undersigmd hereby makes application to the Orono City CouttcU for a Kennel i as % % *•4 I 1 2 0: g uj QC KIS o Ul 0: U j § CtTYOFORONO CAUEOIN date TIME INSPECTION NOTICE scheihjied PERMIT NO..COMPLETED ADDRESS . LU' OWNER t coMTP TELEPHONE NO. DESCRIPTION .n5p&crt-^ 6n<; 01 FOOTING 11 MECHANICAL Rl 18 «CAV/QRADINQ/FIUJNG02 FRAMING 13 MECHANICAL FINAL 19 lakeshore /wetlanos 03 INSULATION 24/39 WOOD BURNER/FIREPLACE 34 TREE REMOVAL 04 WALLBO.12 WATER HOOK^17 SITE INSPECTION OS FINAL 14 SEWER HOOK-UP 06 PROGRESS 07 DEMO-SITE 27 SEFTICMAINT.21 COAIPLAINT or DEMO-FINAL 15 SEPTIC M8TALL 22 FOLLOW-UP 09 PLUMemORI 23 SEPTIC FINAL 3S HARO COVER REMOVAL to PLUMBINO FINAL 36 FOUNOATION/REMOVAL OWNEfUCONTfUCTORTOMEErVOU:__YES___NO COMMENTS: O WORK SATISFACTORy: PROCEED O CORRECT WORK A PROCEED a CORRECT WORK, CALL FOR REINSPECTION before CCVERINO □ CORRECT UNSAFE CONDITION WITHIN_____HOURS. INSPECTOR WILL RETURN □ STOP ORDER POSTED. CAU INSPECTOR □ INSPECTION REQURED. CAU TO ARRANGE ACCESS. □ PROJECT COMPLETE □ ISSUE CERTIFICATE OF OCCUPANCY TEMPORARY ________PERMANENT □ PHOTO TAKEN □ CITATION ISSUED Call for tha next Inspection 24 hours In advance. (952) 249*4600 Ownef/Cont iac^on site. Inspector,^'- ^ WhH« FH9 Canary C^/SHt Nq^ 4 r. / / y / KENNEL LICENSE APPLICATION Effective January 1,200_to December 31, 200__ Owner: Property Address: 515^?^^— (include city and zip) [ifdifferent): A.FJ^ CO) Cxycr.. _________________________(work)Phone: (home)_ residential Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 months of age) Principal Breed: < 1Uuje:llofs I A/I^.^.kar ( ntrr:tr. Purpose for more than 2 dogs: _______________ Dogs normally kept: inside ^ kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:________________ Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours:__________________ __________ After Hours Contact; (name) (phone) Dog runs/exercise areas are: inside___^outside x^both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants ^ City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 includ'mg any special conditiops imposed by the City Council as part of any kennel license approval. /-?7-ol Applicant Date For City Use Only Kernel inspected by Date ///'p/x Recommends: Apprtf^ at Denial / hat // cmroFORONO INSPECTION NOTICE PERMIT NO______ CALLED IN SCHEDULED COMPLETED DATE TIME ///4/P3 ADDRESS OWNER CONTR.. Uj0^2l TELEPHONE NO. llOV £ DESCRIPTION JU § 1 § 2 01 FOOTINQ 02 FRAMING 03 INSULATION 04 WAUSD. 05 FINAL 07 OeMO-STTE 07 DCMO-RNAL 09 PLUMBING RJ 10 PLUMBING FINAL OWNER/COffTRACTOR TO MEET YOU: 11 MECHANICAL Rl 13 MECHANICAL FINAL 24/25 WOOD BURNER/F1REP1ACE 12 WATER HOOK-UP 14 SEWER HOOK-UP 27 SEPTIC MAJNT. 15 SEPTIC INSTALL 23 SEPTIC RNAL 18 EXCAV/QRAOING/FILUNQ 19 LAKESHOREAVETLANOS 34 TREE REMOVAL 17 SITE INSPECTION 06 PROGRESS 21 COMPLAINT 22 Foaow-up 35 HARO COVER REMOVAL 36 FOUNDATION/REMOVAL YES__NO COMMENTS: W tcs Uj q: KI q: C?SL s q: Q 8 □ WOAK SATISPACTORT PROCSED □ CORKCT WORK A PROCEED □ CORRECT WORK, CALL FOR REINSPECTION BEFORE COVEfVNO O CORRECT UNSAFE CONOmONWITMN. INSPECTOR WIU RETURN □ PROJECT COMPLETE □ ISSUE CERTIFICATE OP OCCUMNCY ________TEMPORARY ________PERMANENT □ STOPOROER POSTED. CAU INSPECTOR O INSPECTION REOWRED. CAU TO ARRANGE ACCESS. *^®**®- O PHOTOTAKEN □ CfTATION ISSUED Can for thsnsxtirwpsctlon 24 hours btadiMiie*. (952) 249-461 OwmerfContractor on Inspoetoiv PkPSi -Ar ^NNEL LICENSE APPLICATION Effective January 1,200 to December 31,200 Owner; Property Addres$;_^^^S ^Jjf)lra jUXi .1^ Mailing Address (if different):^___ Phone: (home) RESIDENTIAL Kennel License Fee; $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: 3 (over 6 moaths of ige) i/£h (include city and zip) (work)- lo\ Z -2^3 ^ Purpose for more than 2 dogs: v)ior»/3(j{^\0 DocfS nnrmallv Wnf* \/ ^ .• Dogsnonmllykep.: J_4nc..«H«.cn.re Cu/ COMMERCIAL Kcnod License Fee: $150.00 t LGUO' (payment must accompany application) Name of Business: Business Activities:^ Nonnal Business Hour^'""*'" > After Hours Contact: (name) (phone) Dog nins/esercise areas are;____inside outside __^both The undersigo«l hereby makes appiication to the Orono City CouncU for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordii!In«Tr ottar Uw or regulation; the undersigned hereby grants the City permission to inspect the premises prior to acre‘s !r/hid. r" .h "“OMble time during the license duration; aid the undesigned g ees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel lianse approval. Applicant __ [Z \23>jbZ, Date For dry Us^ Hnlv Kennel inspected by Recommends: Approval >C Denial Date aj J[:r) C‘Tyo^O«CWVQ cmroFORONO INSPECTION NOTICE PERMIT NO._____ DATE TIME CALLED IN 8CHE0UU0 COMPLETED ADDRI i OnM-O. ySca^ OWNERZJhi'^tnr^i ^MTU TELEPHONE NO. Zl Ul3t -S9^'^S(39 511 § i § DESCRIPTION. Ot FOOTINQ 02 FRAMINO 03 INSULATION 04 WALL BO. 09 FINAL 07 OEMO-8(TE 07 OEMO-FtfWL 00 PLUMBING Rl 10 PLUM8INQ FINAL KLi nru i ZPr\'>p(:C.in cr^ 18 EXC11 MECHANICAL R> 13 MECHANICAL FINAL 24/35 WOOD BUANER/FIREPLACE 12 WATER HOOK-UP 14 SEWER HOOK-UP 27 SEPTIC MAINT. 19 SEPTIC INSTALL 23 SEPTIC FINAL OWNER/CONTRACTOR TO MEET YOU:__YES NO EXCAV/QRAOINQ/FILUNO 19 LAKESHORE/WETLANOS 34 TREE REMOVAL 17 SITE INSPECTION 09 PROGRESS 21 COMPLAINT 22 FOaOW-UP 39 HARO COVER REMOVAL 36 FOUNOATION/REMOVAL § COMMENTS: §s 0:5 I Sft lu § □ WORK SATISFACTORY PROCEED □ CORRECT WORK 9 PROCEED a CORRECT WORK, CAU FOR PEINSPECnON BEFORE COVERMO □ CORRECT UNSAFE CONOmON WITHIN_____HOURS. INSPECTOR WILL RETURN G PROJECT COMPLETE □ ISSUE CERTIFICATE OF OCCUPANCY ______temporary ________PERMANENT Q STOP ORDER POSTED. CAU INSPECTOR O INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. □ PHOTO TAKEN □ CITATION ISSUED CaN for the ntxt bispBcUon 24 ho^ in OwnerfContrsctoron sHo: L inBdYBncc (952) 249-4600 Inspector WMM CtpyllMpMtti^ FM CuMiy Ctpy/SMa NoBm ; KENNEL LICENSE APPLICATION 1,200 to December 31, 200 Owner: v»/ Property Addir^ss: J^CsLf^Ct U ' \ (Include clt^io^p) / Mailing Address (if different): _____________ Phone: (home ) ^Ct (work) RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: li (over 6 mont^ of ■!«)_ ^ 1:Principal Breed:. ------------- ------------. ^ . Purpose for more than 2 dogs: . Dogs normally kept: inside____^kennel structure ■ 0-t i COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:Cll Y Ur Business Activities: (example; boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: ______________ After Hours Contact: (name) (phone) Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned a>.knowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. /• 7-53 Applipant Date For City Use Onlv Kennel inspected by Recommends: Appri Date hoy k Denial is i i I § s U j Ki % cmroFORONO INSPECTION NOTICE PERMIT NO.______ DATE TIME CAUEOIN SCHEDULED COMPLETED "is- u / - ADORER ^<50 ^encocoQ Uja^f OWNER^ CXL(y\iL QxSSr»^ CONTR____ TELEPHONE NO. ~ t ■e— DESCRIPTION 01 FOODNG 02 FRAMING 03 INSULATION 04 WAaSO. 05 FINAL 07 DEMO-SITE 07 DEMO-FINAL 09 PLUMBING ni <6tnrLg^C. ^'yz^'XjcJh cr^ 11 MECHANICAtRI 13 MECHANICAL FINAL 24/25 WOOD BURNER/FIREPLACE 12 WATER HOOK-UP 14 SEWER HOOK-UP 27 SEPTIC MAINT. 15 SEPTIC INSTALL 23 SEPTIC FINAL 10 PLUMBING FINAL OWNER/CONTfUCTOR TO MEET YOU; YES IS EXCAV/QRAOINQ/FILUNQ 19 LAKESHOREMETLANOS 34 TREE REMOVAL 17 SITE INSPECTION 06 PROGRESS 21 COMPLAINT 22 FOUOW-UP 35 HARO COVER REMOV/L 36 FOUNDATION/REMOVAL COMMENTS: 3^ cvc^ A o U j q: Ui Q8 □ WORK satisfactory ^ PROCEED □ CORRECT 1NORK S PROCEED □ CORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING □ CORRECT UNSAFE CONDITION WITHIN_____HOURS. INSPECTOR IN1LL RETURN □ PROJECT COMPLETE O ISSUE CERTIFICATE OF OCCUPANCY ________TEMPORARY ________PERMANENT O STOP ORDER POSTED. CALL INSPECTOR O INSPECTION REOUIRED. CALL TO ARRANGE ACCESS. □ PHOTO TAKEN □ CfTATiON ISSUED Call lor noMl inspection 24 hours in advance. (952) 249*4600 Owner/Conlraelw on site: __________ lnsoectoir*‘*2^x^^^^ ,<2.. WMi« c«srS>i(p«ct«rv fh«Caiuiy CopyiSlia Nouca 4 V- KENNEL LICENSE APPLICATION Effective January 1,200_ to December 31,200_ Owner:_/c/i .tCM.£/, p,op«rty Address: 2AgV <3g<V» 4c/ //.2»y/T},/ SSS'} J (include city ud zip) Mailing Address (if different):___________ Phone: (home) S' (work) residential Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:_____S ------------------------— (over 6 months of age) Principal Breed: GoJni^r^ --------------------------------- Purpose for more than 2 does: ShooP i/lnside ***^*^nnel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:________________ Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours:__________________________________ After Hours Contact: (name). (phoneX Dog runs/exercise areas are:____^inside___^outside ____both The undersigned hereby makes application to the Orono City CouncU for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises pnor to license approval and at any other reasonable lime during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicanicant^ 7 Date ' / for dry Use Onbf Kennel inspected Recommends: Appfoval Date r t cmroFORONo INSPECTION NOTICE PERMIT NO.______ DATE TIME CAUEOIN SCHEDULED COMPLETED ADDRESS 7,U9Kl! Pasm pi ;4r/NER_________ -KtiinL- IQ, CONTR.__ TELEPHONE NO.4\ IS § DESCRIPTION 01 FOOTING ^ 02 FPMinNO i 03 INSULATION / 04 WALL BO. / 05 FINAL 07 OEMO’SITE ' 07 DEMO-FINAL 09 PLUMBING n j kJ -7 1 - ~7^-7e> fc - I ~r~<^r'\ \ ,<-y^ V/QMAOING/FILUNa11 MECHANICAL n 13 MECHANICAL FINAL 24/25 WOODBUBNER/FIREPLACE 12 WATER HOOK-UP 14 SEWER HOOK UP 27 SEPTIC MAINT. 15 SEPTIC MSTALL. 23 SEPTIC FINAL *41s2 10 PLUMBING FINAL OWNEIVOONnUCTORTOMECTVOil;__YES___NO 18 EXCAV/ 19 LAKESHORE/WETLANOS 34 TREE REMOVAL 17 SITE INSPECTION OS PROGRESS 21 COMPLAINT 22 FOaOW-UP 35 HARO COVER REMOVAL 36 FOUNOATWrVRCMOVAL ...-------------------- w COMMENTS: ru^rhri^.9D T>nci. J xj-ir ---------------rsqi-yi S. -/-/ KW _ (r^ h V * I /«r —• // ' 0: 2 Uioc (2 I 5 * * ? A. /. ^ j • , i ::3s q: UjI .□ WORKSATISPACTORV: PROCEED a CORRECT WORK S PROCEED D CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING D CORRECT UNSAFE CONDITION WITHIN___ INSPECTOR WIU RETURN HOURS. □ PROJECT COMPLETE □ ISSUE CERTIFICATE OF OCCUMNCY ________TEMPORARY ________PERMANENT a STOP ORDER POSTED, CALL INSPECTOR O INSPECTION REOUREO. CAUTO ARRANGE ACCESS. □ PHOTOTAKEN □ CITATION ISSUED Call lor the ntxtlnspBC^ 24 hours inaiih^ltc*. (952) 249*4600 Owner/Cootfactoronalla:^-^y ^"7. .. _________ Insoactor C_- WMUCapillMpMlM^FIa . i ' j CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: February 11,2003 May 4,2003 8:00 a.m. - 11:00 a.m. Name of Person(s) And/or Organization Sponsoring this Event: Loretta Docken Wells Fargo Bank - Wayzata 900 East Wayzata Boulevard Wayzata, MN 55391 Phone: 612-316-1441 / Type of Event: Location of Event: Wells Fargo Half Marathon Begin: Wells Fargo Bank Wayzata. Lake Street to Femdale Road to County Road 15 to Orono Orchard Road to Fox Street to Old Crystal Bay Road to County Road 51 to County Road 19 to Crystal Bay Road to Northview Road to Lake Road to County Road 15 to Old Beach Road to County Road 19 to Beehrle Avenue to the Southwest LRT Trait ,o Water Street. Finish: Wells Fargo Bank Excelsior The following documents are required and on file at the City Administrative Offices: • Certificate of General Liability Insurance • Route of Race Event • Approval from Orono Police Department The following conditions have been placed on this event: • Police staffing will be required at the following intersections: - County Road 15 and West Femdale Road County Road 15 and Orono Orchard Road - Orono Orchard Road and Fox St.'-eet — County Road 146 and Fox Street - Willow Drive at Fox Street - County Road 84 and Fox Street — County Road 15 at County Road 51 (North Shore Drive) — County Road 84 and County Road 51 (rivo squads/four officers) - County Road 51 and County Road 19 “ Lake Road and County Road 15 (two squads/four officers) - County Road 15 and County Road 19 - County Road 19 and Old Beach Road (Some squads from the first part of the race will move from their positions after the racers pass to assist at later crossings.) 2750 Kelley Parkway. P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.oronc.mn.us A? Conditions - Continued A meeting is to be held with the Orono Police Defwrtment two weeks before the race to review with the police the stofling that the volunteers will provide and at what locations. The police will confirm vi^t stafling they will contribute. Contact should be made with Sgt. Kurt Erickson at 952-249-473 1. Citizen helper for trafTic control will need to wear trafTic control vests. Wells Fargo is to notify St. Martin’s Church and Lafayette Club of the race. This should occur at least one month before the race. ahncadynofified ^ notified by Wells Fargo of the race as soon as possible if not The special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or tc correct any safety hazards to the public. Approved at City Council meeting on: February10,2003 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66. Crystal Bay, MN 35323 Phooc; .^52-^49-4600 / Fax: 952-249-4616/www.ci.orooo.inn.tts r CITY OF ORONO nXdS SPECIAL EVENT PERMIT El' Date Issued: Date of Event: Time: Febniary 11, 2003 February 15 - March 23, 2003 Noon - 6:00 p.m. Thursdays through Sundays Name of Person(s) And/or Organization Sponsoring this Event: Jim Lillesve Charles Cudd Company 275 Market Street, Suite 445 Minneapolis, MN 55405 / Phone:612-359-1739 Location of Es'ent: 1140 Garden Court Type of Event:2003 Parade of Homes - Spring Preview The following documents arc required and on File at the City Administrative Offices: • Certificate of General Liability Insurance • Notification of Neighbors • Parking Plan • Approval from Orono Police Department The following conditions have been placed on this event: • This special events permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • The Police Department reserves tlie right to void the permit for failure to correct any problems brought to the developers that arc not promptly resolved. • 1 he developer will have a representative at the home that will have authority to resolve problems or know how to immediately contact a person with that authonty. • “No Parking” signs to be spaced at not more than 100 foot intervals to establish parking on one side of the road. • Parking is to be arranged so *hat e.xisting residences have full access to their properties and No Parking signs should be posted on both sides of their driveways. • Permit holder is responsible for removing all signs no later than March 24. 2003. Approved at City Council meeting on: February 10.2003 (City Seal) Ronald J. Moorse, City Administrator ‘i A 27^0 Kelley Parkuay, P.O. Bo.x 66, CrvsUl Bay. MN 55323 Phone: 952-249-46<K'/ Fax: 952-249-4616/www.ct.orono.mn.us APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (Ordinance No. 164, Second Scries - Adopted 12/08>97) Make check payable to: City of Orono Mailing address:P.O. Box 66 Crystal Bay, MN 55323 1. 2. FEE: $100.00 (February 1-January 31) Applicant's Full Name FIRST MIDDLE Applicant's Home Address DiL. STREET ____________ HOUSE NU^iBER 10N\U^ CITY STATE DATE LAST HOME PHONE 3. 4. Applicant's Business BUSINESSTYPE OF BUSINESJ BUSINESS NAME P.O. ^>y ?// MAILING ADDRESS BUSINESS PHONE STREET ADDRESS Nk^Wi CITY Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee takes place.________^ t^c i^ v>^ ___________ / HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO. TOBACCO PRODUCTS, OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO. Signa 44<A^ Date 77>e ISSU9/K9 of § Hconso wxfer !Ns onSnsnco $hsl! .^e conskiorod a pnvHogo %od not on absofuto right of ODoScont and ahaO not antitta tha holdar to an automatic ranawatoftha Ucanaa 1.L f 1. 2. 3. 4. W: APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (Ordinance No. 164, Second Series - Adopted 12/08>97) Make check payable to: City of Orono Mailing address:P.O. Box 66 Cr>'stal Bay, MN 55323 FEE: $100.00 (February 1-January 31) DATE Applicant's Full Name 6 Su FIRST MIDDLE LAST Applicant's Home Address HOUSE NUMBER fi STREET A\ ,y/ HOME PHONE 5>'^9 ft CITY STATE Applicant's Business (Zt m i/tTA^ i(cUC C-"~ TYPE OF BUSINESS G SltL Li V^2. - W 7 f- -z BUSINESS NAME MAILING ADDRESS BUSINESS PHONE 3U'C O "!> STREETADDRESS CITY Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee takes place. c aA'Uyiv^ _________ / HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO, TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO. S«gnaturt J Date TTw Issutnct Oft lictnst undar IM ofdinsnca shall ba comiOatad a ptMaga and not an abatMa right of dm appdearri and ahat not anbtta tha holdar to an automatic nnawal of tha ticanaa. i ■ ■ • v:; •. -"-2750 KeliorPirkwtyiT.O.'Box <6. QysUl Bay. MN 55323 -■ w v ^ rr 1. 2. 3. 4. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (Ordinance No. 164, Second Series - Adopted 12/08/97) Make check payable to: City of Orono Mailiog address:P.O. Box 66 Cr> stal Bay, MN 55323 FEE: $100.00 (February 1-January 31) DATE Applicant's Full Name *SoffrJ FIRST A\fCF/Agc MIDDLE 0 'S UST Applicant's Home Address ^0^1 (tAAJCHi/lirLJ HOUSE NUMBER A1/^ '•T t STATE STREET 5"£TJ9Z HOME PHONE " Applicant's Business _ letJc cr 3tc Ji. t- TYPE OF BUSINESS —d's. 9S-Z-V7// A ^ L I \,'A a/ BUSINESS NAME BUSINESS PHONE ---------------------------- 2Ulo8t^fiei.,^e b MAILING ADDRESS STREET ADDRESS /1)A(//9AA(' /?! OLr CITY P'**®®'------Gt/ yrc^M^ A flp: /I IJ f srr- c c t r^c/*^ C/is I Ht-REBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO TOBACCO PRODUCTS. OR tobacco RELATED DEVICES AT THE ABOVE LOCATION SUBJECT OF the STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY Signalur^^ ’//z. i/o') Date • ».*r* — ; .V ■ • 4 Cost-i BayTMfTslIairrrplTr:;;^ .:v ’ ;j « • 1. 2. 3. 4. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (Ordinance No. 164. Second Series - Adopted 12/08/97) Make check payable to: Cit}' of Orono Mailing address:P.O. Box 66 Cr>stal Bay, MN 55323 FEE: $100.00 (February 1 -January 31) DATE Applicant's Full Name FIRST 7 Aiik MIDDLE LAST i- Applicant's Home Address ___C. A*/€ HOUSE NUMBER CITY STREET /H aJ_____crit ^ HOr/E PHONE STATE Applicant's Business Qrt j4^ CfuR TYPE OF BUSINESS > 4^ -7 ? " /ro Sf (i M // (n,!h' CL /'? BUSINESS NAME 72 >" ilk k MAILING ADDRESS ^ TREET ADDRESS ' .'C. ITV' f * %iD Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee takes place.__lO/ic Uti ^ ____________ / HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO. TOBACCO PRODUCTS. OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO S*gnityroity?o »Da:e 7/jo issuance of a hcensa under this ordinance shall be considered a privilege end not an absolute fight of ffte applicant and shaft not enbUe the holder to an automatic renewal of the license i^ 2750.Kelley Pirkwty, P.O. Box 66» Ciystil Bay. MN 553M o V J r/ CITY OF ORONO Chtck Nufnb«r Employ## Nam# Pay Pariod 052366 052367 052368 052369 052370 052371 052372 052373 052374 052375 05k376 052377 052376 052379 052360 052361 052362 052383 052364 052385 052386 052387 052366 052369 052390 052391 052392 052393 052394 052395 052396 052397 057398 052399 052400 052401 052402 052403 052404 052405 052406 052407 052406 052409 052410 052411 052412 052413 052414 052415 ZIMMERMAN. MARILYN L DODGE. RACHEL M. LESKINEN. DENISE M. MOORSE. RONALD J. VEE, LINDA S KUEHN. THOMAS M. OLSON. RONALD J. PETTIT, SANDRA K. ANDERSON. BRUCE L. BOBZIEN. SUE A BORIS. SCOTT W BUDIG. STACIE M CARLSON. MICHAEL B CORNICK. JAMES L. DEMBOUSKI. JAY C ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R HENDRICKS. RONALD J. JOHNSON. JEFFREY MADSON. ADRIENNE M MCNICHOLS. DAVID L MOROWCZYNSKt. JAMES SCHOENHOFF. JOHN B TOMCHECK. LAWRENCE F TOMCZYK. MARK W WITTKE. ANTHONY A ARNESON. JOSHUA A. HERMAN. JOHN R. I EE. JOSEPH P BOLTERMAN. MATTHEW A. BOTTENBERG. WENDY C CHAPUT. JENNIFER L GAFFRON. MICHAEL P GAPPA GREGORY A McYER. WILLIAM C OMAN. LYLE E VANG.BRUCE L BRINKHAUS. JOHN F DEBAERE. DONALD L GREGORY. JAMES D HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J SKREEN. DALE S STEFFENHAGEN. RONALD 2 1 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 check register Ch#ck Amount $540 01 $1.02013 $604 46 $12 18 $1.229 96 $1.01446 $12632 $47020 $660 35 $769 81 $1.389 43 $65302 $39520 $1.889 05 $1,482.47 $1.52842 $1.673 86 $1,424.16 $94 62 $1.877 33 $1.26649 $1.56531 $651.70 $57029 $1,359 40 $1.47623 $445 53 $1,395 12 $1,321.59 $44268 $84*^56 $20942 $1.023 55 $1.363 41 $1.196 81 $1.398 84 $1.746 69 $631 08 $197.74 $1,299 96 $1.372 67 $1,051 45 $666 03 $1,044 42 $664 39 $1,030 24 $930 05 $1.090 06 $1,340 17 $1.36254 $50,418 92 1/29/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanoi..g 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5i^3 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstanding 2/5/03 Outstamfing 2/5/03 Outstanding 2/5/03 Cuistan^ng 02A)5A)3 7:21 AM Pag# 1 . \ 0 2003 jjllY ur UMUNU Ch#ck Dat# Ch#ck Status CITY OF ORONO check register 02/06/03 7:03 AM Pagel Chocic Pay Cfwcli Chtck Numbof Employto Nam«Ptrkxl Amount DaCt Chock Statis 052416 PETERSON. BARBARA 2 $323 22 2/10/03 Outstanding 052417 MOORSE. RONALD J.2 $34631 2/10/03 Outstanding 052418 SANSEVERE. ROBERT K.2 $269 36 2/10/03 Outstanding 052410 MURPHY. JAIMES L 2 $269 36 2/10/03 Outstanding 052420 NYQARO.JAY 2 $26936 2/10/03 Outstanding 052421 WHITE. JAMES M.2 $269 36 2/10/03 Outstanding $1,746 97 CITY OF ORONO *Check Detail RegistertS) 02/07/03 11 02 AM Page 1 FEBRUARY 2003 Check Amt Invoice Comment 101 bJ Primary Cash Paid Chk# 075314 1/30/2003 CITY OF ORONO PETTY CASH £703-49960 151 Worker's Comp Insurance Prem $600 00 1/29/03 Total CITY OF ORONO PETTY CASH $600 00 Misceitaneous Exp • Frofeiture PaidChk# 075315 2/3/2003 ROCHON CORPORATION O 602-16500 Fixed Asset-Const in progress $16,210 00 12/31/02 Total ROCHON CORPORATION $16.210 00 Wiliow/Fire Station Sewer CO 0 PaidChki 075316 2/5/2003 CITY COUNTY CREDIT UNION 0 101-21711 CreditUnton $10.68500 Total CITY COUNTY CREDIT UNION $ 1 0.685 00 l>«ldbhk# 076317 2/5/2003 FIRST NATIONAL BANK OF LAKES O 1 01 -21 703 FICA Tax Withhc Iding $4,443 79 G 101-21701 Federal WithhoIdKig $9.509 86 O 101-21703 FICA Tax WHhholding $4,443 79 ToUl FIRST NATIONAL BANK OF LAKES $18,397 44 Paid Chk# 075318 2/5/2003 ICMA RETIREMENT TRUST • 467 0 101-21705 Other Retirement $300 00 Total ICMA RETIREMENT TRUST-457 $300 00 T^rdChki 075319 2/5/2003 G 101 -21707 Union Dues Total LAW ENFORCMENT LABOR SERVICE LAW ENFORCMENT LABOR SERVICE $0 00 $0 00 Paid Chkr075320 2/5/2003 MN CHILD SUPPORT PMT CTR 0 10121712 outer Deductions $242 27 Total MN CHILD 8UPPOR f PMT CTR $242 27 Paid ChkJ 075321 2/5/2003 MN DEPT OF REVENUE O 101-21702 State Withholdmg $3 851 25 Total MN DEPT OF REVENUE $3 851 25 >aidChk« 075322 2/5/2003 ORCHARD TRUST CO. TRUSTEE/CUST 0 101-21705 Other Retirement $2.789 68 $2,789 68Total ORCHARD TRUST CO. TRUSTEE/CUST Paid Chk# 075323 2/5/2003 PEBSCO/OBRA O 101 21705 Other Retirement Total PEBSCO/OBRA $0 00 $0 00 Paid Lhkf 075324 2/5/2003 PEBSCO/US CONF OF MAYORS 0 101-21705 Other Retirement $2.237 00 Total PEBSCO/US CONF OF MAYORS $2,237 00 Paid Chk# 075325 2/5/2003 PUBLIC EMPLOYEES RETIREMENT 0 101-21704 PFRA $6.600 01 0 101 21704 PERA $5.16292 VoUl PUBLIC EMPLOYEES RETIREMENT $1 1.762 93 >aKl dhk» 075326 2/5/2003 UNITED WAY 0 101-2170S UnitadWay Tout UNITED WAY $0500 S6S00 PatdCMtf 075327 2/5/2003 WISCONSIN SCTF SAVINGS W/H & TRANSFERRED FICA & MEDICARE W/H FEDERAL W/H FICA & MEDCR CITY SHARE DEFERRED COMP UNION DUES MOROWCZYNSKI #0014456477 STATE TAX W/H MN STATE RETtREM£f:r OBRA DEFERRED COMP USCM - ENTITY 2:»39 PERA CITY SHARE PERA EMPLOYEE W/H CHARITY DONATIONS r CITY OF ORONO *Check Detail Register® 02/07/03 11:02 AM Page 2 FEBRUARY 2003 0101-21712 Other Dedudiont TotM WISCONSIN 8CTF Checl^^t $184.62 Invoice Comment JOHNSON i 0002756898 $184 62 PaWChMP07n28 2«0003 WILLIAMS AUTO SALES E 231-45650-240 Small Tools and Minor Equip Total WILLIAMS AUTO SALES $2,300.00 2/5A)3 $2,300.00 Polloe Investigative Equipment l>ai(i dshki 075329 2«/2003 DEPUTY REGISTRAR E 231 -45650-441 Licenses & Taxes Total DEPUTY REGISTRAR $37.50 2/6/03 $37.50 Registration ^aid Chk« 075330 2/100003 AMEM E 101-42110-433 Memberships A Subscriptions Total AMEM $100.00 Mbrship iiwoo 2003 AMEM-Erickson E 101-42400-433 Memberships & Subscriolions E 101-42400-433 Memberships & Subscriptions Total AMERICAN PLANNING ASSOCIATION Chki 07S332 2/10/2003 ANDERSON, KRISTI E 101-45200-319 Other Professional Services E 101-41300-319 Other Professional Services Total ANDERSON, KRISTI $242.00 $273 00 Mbrship Mbrshlp APA Mbrshp - Bottenberg APAAICP Mbrshp - Chaput $51500 $165.00 $22500 1/2003 1/2003 Prk Minutes 20/03 CC Minutes 1/27/03 $390 00 Paid Chk» 075333 2/10/2003 ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office supplies $156 40 6013-297110 Filters Totoi ARAMARK REFRESHMENT SERVICES $156.40 Paid Chki 075334 2/10/2003 ASLET F 101-4211C 433 Memberships & Subscriptions __$5000 Mbrship 2003 ASLET-Good ToUl ASLET S50.CK) Paid Chki 075335 2/10/2003 ASSET RECOVERY CORPORATION E 101-41900-489 Other Miscellaneous Charges $528 50 631415 Computer Disposal Tout ASSET RECOVERY CORPORATION $52850 Paid Chki 075336 2/10/2003 BIFFS INC. E 101-45200-415 Othei Equipment Rentals $M 26 W182339 Solid Waste - Bederwood Total BIFFS INC.$M26 Paid Chki 075337 2/10/2003 BONESTROO ROSENE S ASSOC. G101-20200 Accounts Payable $1,016.00 93892 Dahlstrom Appllc i2789 0 10)-20200 Accounts Payable $23S ie 93699 Sub Area Trans Study 0 651-20200 Accounts Payable $414 00 94798 Robt Seuss 1 ruffula Tran 0 651-20200 Accounts Payable $1.591 00 94798 SWMP Final Repor* 0 101-20200 Accounts Payable $373 50 94798 Convert Contours 0 651-20200 Accounts Payable $230 00 94798 Todd Martin Easement O651-202C0 Aocounis Payable $202.67 94798 Direct Project Expenses 0 651-20200 Accounts Payable $92 00 94798 SWMP Meeting WMike 0651-20200 Accounts Payable $92 00 94798 Dick Kroger Property 0101-20200 Accounts Payable $50 00 94798 Council Mtgs 12/2002 G 613-20200 Accounts Payable $370 00 94798 GC Course Revision G 101-20200 Accounts Payabia $46 00 94798 Oiesen - Town Line Rd ROW 0425-20200 Accounts Payablo $878.50 94798 Nov Fire WMIend Mitigation 0 101-20200 Accounto Payabta $2,476.16 94798 Applicationa Dec 0602-20200Accounts Payabla $126.00 94799 SCAOA 12/2002a CITY OF ORONO Check Detail Register© 02A)7/03 11:02 AM Page 3 FEBRUARY 2003 Check Amt Invoice Comment _ . ____—.......... G 602-20200 Accounts Payable G 402*20200 Accounts Payable G 225*20200 Accounts Payable Q 402-20200 Accounts Payable Total BONESTROOROSENEAASSOC. $1,333 37 94800 $772 49 94801 $184 00 94802 $276 00 94803 $10,759.07 SCADA RFP 1 Co Rd 19 Sidewalk Hackberry Park Imp OCB Rd h¥iry 12-CR6 Paid Chk# 075338 2/10/2003 BOYER FORD 6 TRUCK E 101*43000*221 Equipment Parts & Accessories Total BOYER FORD & TRUCK $37.96 18680R $37,98 Filter Assembly Paid ChK« 075339 2/10/2003 CARGILL SALT E 601-49400-216 Chemicals and Chem Products Total CARGILL SALT $2,071.87 653130 $2,071.87 Solar Salt Paid Chk# 075340 2/10/2003 CENTER POINT ENERGY -GC E 613*49830*381 Gas & Electric ToUl CENTER POINT ENERGY-GC $274 40 539004161700 Gas Service-GC $274.46 r i PaidChk# 075341 2/10/2003 CENTERPOINT ENERGY b 602-49450-361 Gas & Electric 6 601*49400-381 Gas & Electric E 101*41900*381 Gas & Electric £ 101*41900*381 Gas & Electric E 101*42110*381 Gas & Electric Total CENTERPOINT ENERGY $54 7*: $86476 $2,321.98 $634 21 $51890 $4,394.59 060006750600 Gas Service 3750600 Gas Service 3750600 Gas Service 060006750600 Gas Service 060006750600 Gas Sei^ice • • I Paid ChK# 075342 2/10/2003 CITY OF LONG LAKE E 101*42260*318 Fire Services Total CITY OF LONG LAKE $38.493 00 $38.49300 12803 1st Qtr 2003 Fire Services Paid ChK# 075343 2/10/2003 CITY OF ORONO PETTY CASH G 613-10300 Change Fund $100 00 Total CITY OF ORONO PETTY CASH $100 00 Golf Change Fund - Sledding PaidChk# 075344 2/10/2003 CROWN MARKING INC. £ 101*41900*201 Office supplies Total CROWN MARKING INC. $19.70 $19 70 104463 Name Plate Inserts PaidChk# 075345 2/10/2003 DAHLKE TREE SERVICE E 101*43000-408 Contracted Street Main! $375 00 2/5/03 ToUl DAHLKE TREE SERVICE $375 00 Remove HoFiday Decorations Paid Cht;# 075346 2/10/2003 DAVIES WATER EQUIPMENT CO. £602*49450*406 Repairs/Maint Swr lin«rs/lifts $141.94 3154188 Total DAVIES WATER EQUIPMENT CO. $141 94 Pump GS #5 2/10/2003 DC A * WIRE ONLYPaidChk# 075347 G 101 *21719 DCA/Spending Accounts ToUl DCA* WIRE ONLY $1,091 96 $1,091 96 2/5/03 Flex Spending • 2/5/03 Paid Chk# 075348 2/10/2003 DEPT OF ADM • INTERIECH GROUP G 101*20200 Accounts Payable $45 27 G 101*20200 Accounts Payable $105 61 Total DEPT or ADM-INTERTECH GROUP $150 88 W02120656 W02120656 Telephone Telephone Paid Chk# 075349 2/10/2003 DNR WATERS G 601*20200 Accounts Payable $90 95 701351 2002 Pumping Fee I r CITY OF ORONO *Check Detail Register® 02/07/03 11:02 AM Page 4 FEBRUARY 2003 Check Amt Invoice Comment Tottt DNR WATERS $90.95 Paid Chk« 075350 2/10/2003 EARL F. ANDERSON S ASSOC. E10M3000-224 Street f4eint Materiala/Supply $623.28 5208MN Tout EARL F. ANDERSON S ASSOC. Sign Posts $623.28 Paid Chk« 075351 2/10/2003 ELECTRIC RESOURCE CONTRACTORS E 101-41900^04 Repairs/Malnt-Bldgs/Oroijnds $123.89 21402-5 Total ELECTRIC RESOURCE CONTRACTORS Additional Material $123.89 Paid Chk# 6Vs3S2 WOI2(Xa EMERGENCY AUTOMOTIVE TECH INC 0101-20200 Accounts Payable $400.00 13226 Total EMERGENCY AUTOMOTIVE TECH INC Squad 193 Equipment $400.00 Paid Ciik# 075353 2/10/2003 ERICKSON. KURT E 101-42110-437 Training A Development Total ERICKSON. KURT $1300 1/23/03 $1300 Meal - Chiefs Mtg Paid Chk# 075354 2/10/2003 FBINAA E 101-42110-433 Memberships A Subscriptions $60.00 Mbrship 2003 FBINAA-Good Total FBINAA ^00 Paid Chk# 075355 2/10/2003 FIT2CO INC E 101-42110-221 Equipment Parts A Accessories $14651 18154 Evidence Bags Total FITZCO INC $146.51 Paid Chk# 075356 2/10/2003 FORTIS BENEFITS G ^01-21712 Other Deductions $873 87 40^9825-1 LTD 2/2003 Total FORTIS BENEFITS $873.87 Paid Chk# 075357 2/10/2003 OAK SERVICES E 602-49450-226 Clothing A personal equipment $26 09 466430 Uniforms E 101-43000-226 Clothing A personal equipment $60 87 466430 Uniforms E 613-49830-226 Clothing A personal equipment $7.68 466431 Uniform - Steffenhagen E 601-49400-404 Repairs/Maint-Bldgs/Orounds $14 43 466432 Uniform - Rathbun E 101-43000-404 Repairs/Maint-Bldgs/Grouryts $92 85 466433 Mat Service Total G&KSERVICES $202.12 Paid Chk# 075358 2/10/2003 GEO ANALYTICS E 101-41900-401 Repairs/Maint-OfTice Equip $3,248.00^2307 2003 Govern Maint Total GEO ANALYTICS $3,248.00 ?a.o Chk# 075359 2/10/2003 GOOD. STEPHANY G 101-20200 Accounts Payable $3.50 12/31/02 1 ravel Expenses G 101-20200 Accounts Payable $39 00 12/31/02 Meats • Training G 101-20200 Accounts Payable $51 12 1201/02 Reserves Plaques G 101-20200 Accounts Payable $54 74 1201/02 Lodging - Training Total GOOD. STEPHANY $148 36 E 101-41500-437 Training A Developnient E 101-41300-437 Training A Development Total GOVERNMENT TRAJNINO SERVICE $200 00 $200.00 Pettit Vee 2003 Mun Clerks Conf - Petbt 2003 Mun Clerks Conf • Vee $400.00 >aid Chk# 075361 2/KW003 HANSEN, STEVEN C. E 101-43000-226 Clothing A personal equipment $98.83 1/31/2003 Work Boots I' CITY OF ORONO *Check Detail Register© 02/07/03 11:02 AM Pages FEBRUARY 2003 Check Amt Invoice Comment Total HANSEN. STEVEN C.$9883 Paid Chki 075302 2/10/2003 HENN CO CHIEFS OF POL. ASSOC. E 101-42110*433 Memberships & Subscriptions $50.00 Mbrshp Total HENN CO CHIEFS OF POL. ASSOC. $50 00 >aKj Cliki 075363 2003 Henn Chiefs • Good 2/10/2003 HENNEPIN COUNTY TREASURER-JAIL 0 101-20200 Accounts Payable $15 50 872 Total HENNEPIN COUNTY TREASURER-JAIL $15 50 Room & Board 12/2002 Paid Chki 0/5364 2/10/2003 INPL ASSN OF CHIEFS OF POLICE E 101-42110 433 Memberships & Subscriptions $100 00 1S91923 Tout INFL ASSN OF CHIEFS OF POLICE $100 00 2003 Inll Chiefs • Good Paid Chki 075365 2/10/2003 JOHNSON. JEFF E 101-42110 437 Training & DevelopmenI Total JOHNSON. JEFF $17.76 $17 76 1>21/03 Meals. Gas • Training Paid Chki 075366 2/10/2003 KENNETH N. POTTS. PA E 231-45650-307 Legal-Consulting $2,391.66 Total KENNETH N. POTTS. PA $2.39166 1/2003 ProseCi^lions • 1/2003 Paid Chki 075367 2/10/2003 KOEHNEN'S AMOCO E 101-42110-212 Motor l uols & Lubricants E 101-42110 712 Motor Fuels & Lubricants Total KOEHNEN'S AMOCO $8 00 $12 05 $20 05 28695 28696 Gas 1/2/03 Gas 1/2/03 Paid Chki 075368 2/10/2003 LEMA E 101-42110 433 Memberships & Subscriptions $1000 kA)rship 2003 LEMA-Good ToUl LEMA $1000 PaidC.hki 075369 2/10/2003 LMCIT-BER%LEY ADMIN O 703-20200 Accounts Payable $749 00 ToUl LMCIT BERKLEY ADMIN $749 00 1114 Work Comp 2001 Audit Paid Chki 075370 2/10/2003 LONG LAKE GLASS INC. E 101^3000 221 Equipment farts & Accessories v42 60 ToUl LONG LAKE GLASS INC $42 60 32070 Sweeper Window Paid Chki 075371 2/10/2003 MSP UTII ITIES INC. E 602-40450 489 Other Miscellaneous Charges Total M S P UTILITIES INC. $74 20 $74 25 63251 Local ‘ Underground Service or*.3/> ?7i6/?oo,i mcleoo usa • phone bills L 101-47110 VI T»lephoti« Eft02-494M)321 T»l*phon« E 10M1900 321 Telephone E C02-49450 321 Telephone E S01 49400 321 Telephone E AO I 49400 321 Telephone ToUl MCLEOO USA - PHONE BILLS SI99 83 $S1 81 S46627 S4575 $22 20 $38 82 $824 68 7419999 Phone Service 1/2003 7419999 Phone Service 1/2003 7419999 Phone Service 1/2033 7419999 Phone Service 1/2003 7419999 Phone Service 1/2003 7419999 Phone Service 1/2003 ■peMl Chki 07S373 2/10/2003 MEMA TREASURER E 101 42110-433 Membarthipt $ Subscnptions Total Mr.MA TREASURER $75 00 $75 00 kfi^rshp 2003 MEMAMombtrship Peid Chhi 675i»4 2/10/2003 MET COUNCIL ENVIRONMENTAL SER CITY OF ORONO *Check Detail Register® 02A)7/03 11:02 AM Pages FEBRUARY 2003 Check Amt Invoice Comment R 101-39610 Misoellaneoji Revenue Q 101-20609 SAC Charges due to MWCC ToUl MET COUNCIL ENVIRONMENTAL 8ER ($12 75) 1/2003 $1 ,275 00 1/2003 $1,262.25 Adm Fee 1/2003 SAC Charges 1/2003 Paid Chki 0 ^5375 2/10/2003 MINNESOTA BOOK STORE E 1U1-42400-208 Books & Periodicats Total MINNESOTA BOOK STORE $12.00 49580 $12.00 ~ Shipping Due PMCm 075376 2/10/2003 MN CHIEF OF POLICE ASSN E 101-42110-433 Memberships & Subscriptions $150.00 Mbrship 2003 MN Chiefs • Good Total MN CHIEF Of POLICE ASSN $150 00 Paid Chki 075377 2/10/2003 MN/SCIA E 101-42110-433 Memberships & Subscriptions Total MN/SCIA J^ OO MNSCIA03-31 2003 MNSCIA Membership $50 00 Paid CfM 075378 2/10/2003 MOTOROLA E 101-42110-221 Equipment Parts & Accessories Total MOTOROL/ W240489 $320 21 ’ Remote Mi» Paid Chki 075379 2/10/2003 MSANI E 101-42110-433 Memberships & Subscriptions Total MSANI ^00^ Fischer $25.00 2003 MSANI Membership Paid Chki 075380 2/10/2003 NATIONAL WATERWORKS E 601-49400-227 Utility System Maint Supplies $416 30 9052178 E 601-49400-227 Utility System Maint Supplies $493 17 9066717 E 601-49400-227 Utility System Maint Supplies 9081303 Total NATIONAL WATERWORKS $515 23 Hydrant Parts hydrant Parts return Paid Chki 075381 2/10/2002 NCPERS GROUP UFE INS G '>1-21710 Life Insurance Total NCPERS GROUP LIFE INS $288 00 6732203 PERA Life 2/2003 $288.00 Paid Chki 075382 2/10/2003 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone J^8^97 686 97 ToUl NEXTEL COMMUNICATIONS $686 97 Police Cell Phones Paid Chki 075383 2/10/2003 Oi>ESA CONSTRUCTION G 225-20200 Accounts Payable G 225-20200 Accounts Payable Total OOESA CONSTRUCTION Paid Chki 075384 2/10/2003 OFFICE DEPOT $8.472 59 RFP2F $4.683 68 RFP2F $13.156 27 Hackberry Park Imp RFP i2 & F Hackberry Park Imp RFP i? & F E 101-421-'-201 E 101-4190J-201 E 101-42110-221 E 101-41900-201 E 10142110-221 E 101-41900-201 E 10142110-201 r 602-49450-221 E 601-49400-221 Office supplies Office supplies Equipment Parts & Accessories Office supplies Equipment Parts & Accessories Oflloe supplies Office supplies Equipment Parts S Accessories Equipment Parts & Accessories Total OFFICEDEPOT $46 62 $56 96 $5324 $20 96 $28.73 $151.70 $124 13 $104 85 $104 85 $692.04 1922228834)0 192222883-00 192222883-00 192282227-00 192268767-00 192429412-00 192429412-00 192429412-00 192429412-00 Office Supples Office Supples PCMCIA Card Office Supplies Network Adapters Office Supplies Office Supplies Tables • SCAOA System Tables - SCAOA System PaidChkJ 075385 2/10/2003 PERRrS TRUCK REPAIR G 613-20200 Accounts Payable $1.547 45 7153 Body Work i610 u CITY OF ORONO 02/07/03 11 02 AM Page? *Check Detail Register® FEBRUARY 2003 Check Amt Invoice Comment Total PERRY'S TRUCK REPAIR $1.547 45 Paid ChkF 075386 2/10/2003 PIONEER E 101-42400-340 General Advertising fc 101-41900-352 Printing & Publishing Total PIONEER $87 56 479 $334 32 495 $421 88 Appttcatloni 2003 Summary Budget Palddhk* 0753S7 2/UV2003 PLEAA E 101 -42110 433 Memberships & Subscriptions E 101-42110-433 Memberships & Subscriptions E 191-42110-433 Memberships & Subsaiptions Total PLEAA $30 00 Membership $30 00 Membership $30 00 Membership $90 00 2003 PLEAA - Madson 2003 PLEAA - Burtlg 2003 PLEAA - Bobzien 075388 ^1(V2003 PRAIRIE OFFSET E 101-41900-201 omce supplies ToUl PRAIRIE OFFSET $486 06 23603 $486 96 Envelopes. Bus Card Paid Chk# 075389 2/10/2003 PRUDENTIAL UFE INSURANCE G 101-15998 Non-Employee Health Ins G 101-21710 Life Insurance G 101-21710 Life Insurance Total PRUDENTIAL LIFE INSURANCE $25 85 2/2003 $85 50 2/2003 $587 50 2/2003 $698 85 Life Insurance 2/2003 Life Insurance 2/2003 Life Insurance 2/2003 PaidChk# 075390 2/10/2003 RUMPCA CO. INC E 101-43000-408 Conttacled Street Main!$4^U0O 1477 Brush Disposal Total RUMPCACO.INC $420 00 PaidChk# 075391 2/10/2003 SAGE PUBLICATIONS E 602-49450-433 Memberships & Subsaiptions $25 00 1610856-1 PW Mgmt and Policy Subsaipt ToUl SAGE PUBLICATIONS $25 00 Paid ChkJ 075392 2/10/2003 SCHARBER A SONS E 101-43000-221 Equipment Parts & Accessories $18 20 02 2030765 Wiper Blades ToUl SCHARBER A SONS $18 20 Vaid CKk# 075393 2/10/2003 SNYDER DRUG STORES E 101 42110 221 Equipment Paris & Accessories $6 37 1/23/03 Photo Batteries E 101-42110-221 Equipment Parts A Accessories $4 25 1/27/03 Misc Supplies E 601 49400-489 Other Miscellaneous Charges $892 1/27/03 Eiim. Processing E 101 42110-221 Equipment Parts & Accessories $4 25 1/29AJ3 Paste Polish E 101 42110 201 Office supplies $10 01 1/3A)3 Tissue Tout SNYDER DRUG STORES $33 80 PaidChk# 075394 2/10/2003 STREICHERS G 101-20200 Accounts Payable ($71 95) 12/31/02 Credit on Account G 101-20200 Accounts Payable ($68 05) 12/31/02 Credit on Account G 101-20200 Accounts Payable ($26 57) 2/14 02 Dup Payment - Ck 72950 O 101 20200 Accounts Payable $49 95 235154 I Pants - Fisher O 101-20200 Accounts Payable ($6 39) 274536 1 Cred4 • Overcharge G 101-20200 Accounts Payable (1249 95) 286283 1 Return • Boots G 101-20200 Accounts Payable ($53 20) 3/14702 Credit on Account G 101-20200 Accounts Payable $139 95 302539 1 BooU-6503 G 101-20200 Accounts Payable $68 05 3088121 Bets - Ski G 101 20200 Accounts Payable $223 65 326641 1 Badges - Enckson E 101-42110-403 Repairs/Meint Mnc Equf)$1060 332066 2 Replace Sw6ch £101-42110-226 Clolhing A personal equfimenl 1120 00 333724 1 OuOM Omwt - Ameson G 101-20200 Accounts Payable (129 77) 330255 1 Return • Comtek CITY OF ORONO Check Detail Register© 02/07/03 11 02 AM Pages FEBRUARY 2003 Check Amt Invoice Comment 0 101-20200 Accounts Payable 0 101-20200 Accounts Payable E 101-42110-226 Clothing & personal equipment E 101-42110-221 Equipment Parts & Aooassories Total 8TREICHERS $31 90 3382501 $192 75 3391391 $24 95 3412201 $5847 345482 1 Cuff Holder • Comtek Pants, Shifts - Anderson Cloves - Tomcryk Flasher $41439 Paid 675^95 :1/10/2003 THE HOME DEPOT E 10M1000-221 Equipment Parts & Accessories $15V21 1/16A)3 Wood for Shelving Total THE HOME DEPOT $151.21" Paid Chk# 075396 2/10/2003 TREADWAY GRAPHICS E 101-42110-229 DAR E Supplies SMJ.89 147831 Dare Shirts Tout TREADWAY GRAPHICS $991.89 ^aidChk# 075397 2/10/2003 UNIV OF MINNESOTA E 101-41300-437 Trainir>g & Development $48 00 GOVT 0008 00 Municipals E 101-42400-437 Training & Development $96 00 GOVT 0008 00 Municipals E 101-42400-437 Training & Development $4800 GOVT 0008 00 Municipals E 101-41300-437 Training & Development $9600 GOVT 0008 00 Municipals E 101-42110-437 Training & Development $4800 GOVT 0008 00 Municipals Tout UNIV OF MINNESOTA $336.00 ^aki Chke 075398 2/10/2003 VERIZON WIRELESS E 602-49450-321 Telephone $14.19 1003-4585141Utility Cell Phone E 601-49400-321 Telephone $14.19 1003-4585141Utility Ceil Phone E 101-41900-321 Telephone $330.38 1003-5922058 Ce» Phones Total VERIZON WIRELESS $35876 Paid dhk« 079309 2/10/2003 VOOT HEATING & AIR E 101-41900-404 Repairs/Maint-Bldgs/Grounds $1.446 28 6531 2003 Furnace Maint E 101-42110-404 Repairs/Maint-Bldgs/Grounds $1.183 32 6531 2003 Furnace Maint E 101-41900-404 Repairs/Maint-BldgsA3iounds $692 16 6606 Contract Maint, Motor E 101-42110-404 Repairs/Maint-Bldgs/Orounds $340 50 6606 Contract Maint E 101-41900-404 Repairs/Maint-BldgsASrounds $27800 6607 Furnace Repair • PW Total VOGT HEATING a AIR $3.940 26 Paid Chk« 075400 2/10/2003 WAYZATA BAY CAR WASH E 101-42110 402 Repairs/Maint-Auto Equip $13313 23607 25 Car Wash Tickets Total WAYZATA BAY CAR WASH $13313 }>aid Chka 075401 2/10/2003 WEST PHOTO E 101-42110-240 SmaD Toots and Minor Equf)$98975 22273 Digital Camera. Flash Total WEST PHOTO $98975 PaidChk# 075402 2/10/2003 WESTSIDE EQUIPMENT E 101-41900-403 RepairaffMaint-Misc Equip $8800 18851 Gas Pump Repairs Total WESTSIDE EQUIPMENT $88 00 Paid Chk# 075403 2/10.2003 WINDER POLICE EQUIPMENT E 101-42110-221 Equipment Parts A Accessories $644 69 20030293 Flares Tout WINDER POUCE EQUIPMENT $6(4 69 E 602-49450-381 Oas& Electric E 101-43000-381 OasS Electric Total WRIQHT HENNEPIN ELECTRIC $35 03 $27 36 $62 39 3113009200 Electrical Servloa 3113009200 Electrical Service CITY OF ORONO *Check Detail Register® 02/07/03 11:02 AM PegeO FEBRUARY 2003 Check Ami Invoice E 601-40400-381 E 613-40630-361 E 101-43000-361 E 602-40450-361 E 10M2110-361 E 101-45200-361 E 101-42110-361 E 101-41000-361 E 101-43000-361 E 101-43000-381 OasAEIectric Oat A Electric Oas A Electric OaeAEIectric Oat A Electric Oas A Electric Get A Electric OaeAEIectric OaeAEIectric OaeAEIectric ToCM XCEL ENERGY $3.077 11 $173 56 $276 20 $1,415.03 $527.81 $22.81 $0.42 $1,260.60 $134.30 $1,269.12 AWocation ARocetion Allocation AHocelion Allocation Allocation AllocaOon ABOCSDOn Hwy12 StUght $8,105.25 10100 Primary Cash $177,408.38 Fund Summary 101 GENERAL FUND 225 PARK FUND 231 DRUO/FELONY FORFEITURE FUND 402 MUNICIPAL ST AID ST CONSTUCT 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 703 INSURANCE FUND 10100 Primary Cash $124.46642 $13,340.27 K729.16 $1,048.49 $878 50 $6.82333 $19,658 05 $2.47329 $2,621.87 $1,349.00 $177,408.38 i Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Servloe Electrical Service HwyIZ^VWow Street UghUng. 1/2003 ■iHP • •infokmation ITEMS COUNCIL MEETING OF FEB 1 0 2003 CilYUt-OHONO » * ; l . f The West Hennepin Recycling Commission (WMRC) A Report on the Year 2002 for Orono’s Council and Director of Public Works 24 January 2003 In the Year 2002: • The City of Orono collected recyclables totaling PROGRAM TONS Curbside Collection 1,027.23 Clean-up day recyclables 31.13 Total tons abated from the waste stream 1.058.36 FEB 1 0 2003 Y Ur 62.97% of your residenrs participated in the curbside collection program. Hosted two Salvation Army collection events for all WHRC cities that collected a total of 64 tons. Began a two sort co-mingicd curbside collection process. WHRC resupplied cities with recycling bins and wheel kits as needed. Distributed Bin flyers promoting Hennepin County’s compost bin olTer. Objectives for the Year 2003 include: Updating ‘ The Reeyclopcdia* waste reduction guide. Tlic Guide will be delivered to curbside recyclers inside a recycled plastic litterbag. # Hosting two Salvation Anny collections. Upcoming Even ^ Saturday May lU 9 am ♦ I pm Salvation Army collection at Orono Intermediate School Parking Lot Respectfully submitted. Anu'lut Kroc^vr. Rtuyclitm CoordituUor Reeyclopcdia, ^'atte Reduction Guide, is on-line at: http://menibers.aol.coni/ackrocger/recycle.htnil Transportation Advisory Board of the Mclropolilen Council of the Twin Cities •Mr; 'til I „ ■ i-uroi- lliis notice is sent to all county, city uiui township governments; all transit service providers; city und county park boards; school boards, culhgcs and universities, selected state agencies; transportation consulting firms; past applicants and interested regional transportation advocates. Every two years, the Twin Cities Metropolitan Area undertakes the regional solicitation process to select transportation projects to receive funding under three federal programs: Surface 1 fans|x>rtation hogram (S I P) Urban Guarantee, C'ongestion Mitigation Air Quality Program and SIP iransportation Enhancements. Ihe soliciiation proce.ss uses a set of qualifying criteria to determine il u proposed project or program is eligible to receive funds, based on federal e,.*. und regionally adopted policies. Prioriti/.ing criteria are used to evaluate the anticipated benefits oi the prupu.scd piojects and develop a ranked list from which projects arc selected to receive lunding. This information is contained in a document culled the draf) 2003 Regional H:A-2I Solicitation Package. The Metropolitan Council and the IVansportation Advisory Hoard (l AH) will conduct another regional solicitation in the Spring ot 200.V The materials contained in this solicitation package have been developed in such a manner as to promote and select projects and programs consistent with regional plans and to .solve problems in accordance with these various implementation plans. New projects and programs would have to l>c re.s|H>nsivc to the adopted goals •.nul objectives of the region. I herefore, the criteria reward those propo.sed projects tliat successfully integrate the regional vision into u local solution. Projects that arc recommended for funding through this solicitation process will Ik * programmed in the Transportation Improvement Program for funding uiithori/ation in years 2007 and 2008. The I ransportution Advi.sory Hoard will host a public meeting on Wediie.sday, I'cbruary 19, 20t)3 at 3:30 PM in the Metropolitan Council ('hanibers to review the draft 2003 Regional TI;A-2I Solicitation Package und to receive comments. Ilie agenda will be: • introduction of the draft 200.3 TI . A-21 Solicitation Package. • Receive Public C'onunenls. Uie diu!l 2t'03 Regional 1 HA-21 .Solicitation Package can be printed from the Metropolitan i ouncils website at in. n.*.imhu li k .'n iMii.pttii,i...Mi Inn* und click on the link to the IEA-21 regional solicitation in the gicen bo.\ (*opies »*f the solicitation package can also Ire obtained from the Metropolitan ('ouncil Data Center by calling ((>51) 602-1140 Wntten comments cun Ik * subniiltcil until 5;0t) PM on I cbniary 26, 200.3. Please address yout comments to Kevin Roggcnbuck, l AH t iMirdinalor. Mcars Park Centre, 230 I*. Filth SOcct. St Paul, MN .S5I0I. I'ommcii ’.s can also be sent via c-niail to k *...ni*n. k.m. i, i n. mn u . Ihe l AH will consider all comnients on the drall 2003 Regional ri*;A-2l Solicitation Package received prior to the lebruary 26th deadline and may revise the solicitation process und cmcria accordingly. I he draft 2tM)3 Regional I I A-21 Solicitation Package is tentatively scheduled to be adopted tn June 2003 and the solicitation officially started shoitly thercaltcr. Mean Park Centre 2.30 East FitUi Street St. Paul. .Mmnesoia (6.S!)602-I72S Fax (6.<11) 602-17.39 1 Jib