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HomeMy WebLinkAbout05-12-2003 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 12,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet • located on the counter near the sign in sheet. I - - - - - -,MP, HAY I 2 ROLL CALL CONSENT AGENDA I. Approve/Amend OATH OF OFFICE APPROVAL OF MINUTES * 2. Regular Council Meeting of April 28,2003 PARK COMMISSION COMMENTS - Andrew McDermott, Representative PLANNING COMMISSION COMMENTS - David Rahn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 3. #2506 Edward Hamm, 465*485 Orono Orchard Road - Reconfirm Approvals - Resolutions 4. #02-2840 Dahlstrom Development LLC, 2550 Wayzata Boulevard West - Review and Approve Development Agreement ' »»c ^ * 5. #03-2880 Fred Johnson, 1926 Fagemess Point Road-Variance-Resolution 6. #03-2881 Curtis and Kathleen Midthun, 2941 Casco Point Road - Variance - Resolution * 7, #03-2882 Orono Baseball Association, 1030 Old Crystal Bay Road North - Conditional Use Permit Renewal - Resolution 8. #03-2886 Dr. Dennis and Diane Killian, 1300 Spruce Place - Variances MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 9. Bridge Replacements Mn/DOT Variances - Resolutions CITY ADMINISTRATOR’S REPORT 1 0. Pay Request - Navarre Fire Station II. Appointment of Kyle Russeth to Full-Time Police Officer Position 1 2. Appointment of Paul Theisen to Part-Time Police Officer Position 13. Accept Donation from State Bank of Long Lake and North Tonka Crime Coalition 14. Personnel Matter 1 5. Accept Resignation - City Planner Wendy Bottenberg 1 6. Budget Amendments for Year 2002 1 7. Consider Refunding 1 992 Sewer Bonds AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 12,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT 18. LICENSES Limited Leghold Trap Permit One Day Gambling Permit - Resolution * 19. BILLS UPCOMING ISSUES AND EVENTS 20fi2 05/10 05/12 05/19 05/24 05/26 05/27 05/31 Spring Cleanup Day-Construction Debris Only, Saturday, 8:00 a.m. • 2:00 p.m. Council Meeting, 7:00 p.m. Planning Conunission Meeting, 6:30 p.m. Leaf and Grass Disp >sal, Saturday, 8:00 a.m. • Noon HOLIDAY, Observance of Memorial Day Council Meeting, Tuesday, 7:00 p.m. Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon 06/02 06/04 06/07 06/09 06/16 06/23 Park Commission Meeting, 7:15 p.m. Planning Commission Work Session, 5:30 p.m. Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon Council Meeting, 7:00 p.m. Planning Commission Meeting, 6:30 p.m. Council Meeting, 7:00 p.m. !.?• p ’ • it' ** i —- □ Planning C ommission □ Park Commission □ Other Please filloutthe inforsution requested BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. ^\Z>C CG 2. 3.. 4.. 5.. 6.. 7.. 8.. 9. c)^ M 1 CO |0<3i/‘/\ o 10.. 11.. 12.. 13.. 14.. 15. 1% :VAMniiirnthf Inppnrffracf ffiBBc Mwnianw.opd riteti I ■ I r L- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*clock p.m. -...—,(3 MAY 1 2 2003 Cl I r uf- ORONO ROLL The Council met on the above nwntioned date with the following members present' Mayor Barbara Peterson; Council Members Jim Murphy, Jim White, Jay Nygard, and Bob Sansevere: City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Planner Wendy Bottenberg, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Mayor Peterson called the meeting to order at 7:00 P.M. RECOGNITION 1. Jan Berg - Planning Commission - Resolution No. 4946 Mayor Peterson invited Former Planning Commissioner Jan Berg to step up and accept a resolution in appreciation of her 10 years of dedicated service to the City of Orono as a member of the Planning Commission. CONSENT AGENDA 2. Approvc/Amend Murphy added items # 4,11,12,13,14,15,16, 17,18,19, and 21 to the Consent Agenda Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5. Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of April 14,2003 Murphy moved, Sansevere seconded, to approve the Minutes of the Regular Council Meeting of April 14,2003 as presented. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Pat Wolfe Wolfe indicated that he had nothing new to report, however, would be available for conunent. PLANNING COMMISSION COMMENTS • Chair Sandra Smith Chair Smith stated that she would be available for questions. White stated that he had attended the 6 hour Planning Commission meeting last week and commented on what a thorough job the Commissioners do for the community. LMCD REPORT - LUi McMillan Mch Lilian reported that the recently completed 2002 Audit found the budget in good sliape, with a PAGE I of 14 H MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*clock p.m. LMCD REPORT, Continued positive SIS.OOO balance for Working Capital Appeal Fund. She explained that the LMCD is in negotiations with the MCWD over the watershed taking over the milfoil harvesting program in an effort to remove additional phosphorous from the lake. Since Orono budgets $13,700 for removal of exotics, she indicated that this would mean a cost savings for the community if MCWD takes over the program. Sansevere asked if the MCWD would have tht oudget to add this to their responsibilities. McMillan stated that the LMCD would likely still handle the harvesting, but the MCWD would step up the removals. She reported that MCWD would be running tests over the summer and include this in its 2004 budget. Currently, MCWD views this as a potentially inexpensive method of removing phosphorous from the lakes, and due to the broad community base it supports McMillan felt this to be a good match for the project. White asked for the status of the zebra mussel program and whether additional funds would be available to expand the checkpoints. McMillan explained that the LMCD, along with the LMA (Lake Minnetonka Association), intends to add to the DNR inspection process on a small scale by helping to fund additional inspectors and continuing education programs. PUBLIC COMMENTS Ron Miller, 260 Willow Drive North, stood up and asked several questions of the City Council. First, he asked the Cit>* Council if they felt it was fair for him to expect to have his professional documents supplied to the City filled out accurately, and if he should expect contractors/subcontractors to perform quality work. This being said, he indicated that he had several issues with the City. Mr. Miller stated that, afler questioning William Walters of the Long Lake Fire Station, he sent a letter to the City regarding the use of potentially contaminated rock on the site. He indicated that he’d asked the engineering firm where and who had provided the rock to the City for me sewer and water project and was given no information. Mr. Miller voiced his concern that the rock might not have been accurately tested prior to use. A second issue revolved aixmnd the ditch between his property and the City’s lot. He explained that the City installed a culvert in the ditch that has continually been plugged up thus causing his property to flood. After asking the City to clean it up, and deciding to do so himself, he found a mess clogging the culvert and shared several pictures. He also believed that the wetland mitigation effort was designed improperly, since the water is not bypassing his property as planned. Finally. Mr. Miller explained that he wished to be given a definition of a residential lot line as it refers to the necessity for screening the property near the Long Lake Fire Station. He indicated that he had spoken to Mr. Gaffron, who stated that the residential lot line refers to residential property that adjoins the Fire Station property and parking. PAGE 2 of 14 MINUTES OF THE OllONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*clock p.m. PVBUC COMMENTS, Contimued Gaffiron stated that the mix of the matter is to determine whether or not the adjacent properties to the n<^ and east arc rssiderHal, and if they are residential, thri screening from ^e Fire Station would be appropriate. Mr. Miller stated that his land to the south is not affected, hou^rvcr, his father’s property to the north is merely 10’ off the parking lot and there is no screening along that property line currently. He felt there should be some screening provided for his father’s property and wanted the City to take a positicm or take action on all of these matters he’d presented. Mayor Peterson indicated that the City would strive to supply Mr. Miller with some answers to his questions. Although he felt unaware of the history associated with these claims, Sansevere stated that several of those cited sounded as if they were legitimate concerns and would need to be investigated. Murphy interjected that, in an effort to resolve the succession of issues with Mr. Miller, he had attended several meetings to discuss some of the issues before the Council tonight. While he agreed that the City should work consistently with Mr. Miller to resolve these issues, he pointed out that when he asked Mr. Miller whether the City could resolve the file full of issues he’d identified, Mr. Miller replied that he doubted it, that the City could probably not satisfy every issue he’s capable of finding. Mr. Miller stated that his desire was to be faced with as little impact from the Fire Station as possible and wanted the City to define its terms and take a position on each item he’d presented. Sansevere suggested that staff investigate the residential lot line screening issue, as well as, his other complaints, and report back to the Council. Laureen Darling, 1719 Fagemess Point Road, shared a letter she wished to submit to the City encouraging them to investigate an issue with Qwest Communications. She explained that several years ago, Qwest Communications came in to install a new maintenance box near the wetland area. What resulted was a large mess with brush and the wetland was gutted by their work and never repaired. She asked whose responsibility it was to restore the wetland on this property and clean up the mess left behind. Mayor Peterson stated that the property she was referring to was City property and encouraged staff to follow-up. Moorse reminded the Council that item #1, the Resolution for Jan Berg, was not added to the consent agenda. Mayor Peterson moved. White seconded, to adopt RESOLUTION NO. 4946, a Resolution recognizing Jan Berg for 10 years of service to the City of Orono Planning Commission. VOTE: Ayes 5, Nays 0. PAGE 3 of 14 ,-r ^ . L i MINUTES OF THE ORONO CITY COUNCIL MEETING Mooday, April 28,2003 7:00 o*clock p.m. ZONING ADMINISTRATOR'S REPORT M. #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 WAYZATA BOULEVARD WEST, FINAL PLAT APPROVAL - RESOLUTION NO. 4955 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4955, a Resolution approving the Final Plat for Stonebay subject to staff conditions. VOTE: Ayes 5, Nays 0. *5. #02-2859 BLAKE AND MARY BICHANICH, 332 WESTLAKE STREET - VARIANCES - RESOLUTION NO. 4956 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4956, a Resolution approving lot width and lot area variances, and denying side yard setback variances to construct a ne’-^' residence on the property. VOTE: Ayes 5, Nays 0. *6. #03-2876 SEVIE LANNING, 3329 CRYSTAL BAY ROAD, VARIANCES - RESOLUTION NO. 4957 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4957, a Resolution granting a lot area variance for 3,741 s.f. where 21,780 s.f. is required, a lot width of 50’ where 100 ’ is required, setback of 53’ from the OHWX of Lake Minnetonka where 75’ is required, a rear yard setback of 5’ where 30 ’ is required, an encroachment of 8-11 ’ into the average lakeshore setback, 1,029 s.f. (37.47%) hardcover within the 0-75’ lakeshore setback zone where none is permitted, and 420 s.f. (42.21%) hardcover within the 75’ to 250’ lakeshore setback zone where 248.75 s.f. (25%) is permitted, subject to six conditions as presented in the Resolution to construct a new residence on the property. VOTE: Ayes 5, Nays 0. 7. #03-2880 FRED JOHNSON, 1926 EAGERNESS POINT ROAD - AFTER THE FACT VARIANCES Fred Johnson, the Applicant, was not present. Representing the applicant were Patrick McBride and Todd Knutson, the designer. The new owner, Michelle Chwialkowski, was also present. Bottenberg explained that the applicant, Fred Johnson, was requesting four after-the-fact variances for a second story deck attached to a newly constructed single family residence. The variances required included one that would allow the second story deck located 27.5’ from the OHWL of Lake Minnetonka where no structure is allowed; a second story deck encroachment approximately S’ into the average lakeshore setback; a second story deck that is an additional 120 s.f. of lot coverage by structures for a total of 1,620 s.f. where 1,500 s.f. was previously approved; and an additional 36 s.f. of hardcover in the 0-75’ setback zone where 2,079 s.f. was previously approved for a total of 2,115 s.f. Bottenberg continued noting that the subject property was purchased by Mr. Johnson in 2000 and the existing residence was demolished to construct a new residence on the property. The Council approved the application and resolution which stated that 3 original copies of a revised survey j I PAGE 4 of 14 L MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*clock p.m. 7. M3-2880 FRED JOHNSON, 1926 EAGERNESS POINT ROAD, Continued showing the building plans and all proposed hardcover be submitted. However, the building plans submitted showed a different ground level deck, a screen porch, and a second level deck. The building official made notations on the plans regarding the decks. Bottenberg pointed out that the ground level deck was permitted but not the screen porch, not the second story deck, nor the extra portion of ground level deck. The building inspector at the time, Marc Davis, never noted that the decks which were constructed and the decks on the tm>proved plans were not the same, therefore a certificate of occupancy was issued on March 8,2002. Shortly after the certificate of occupancy was issued, Lyle Oman, the Building Official, noticed the decks. Bottenberg reported that Oman reviewed the plans and contacted the builder, Fred Johnson, by phone and by letter in February and March 2003. On March 17,2003, the applicant made application for after-the-fact variances for the decks. Bottenberg stated that the Planning Commission reviewed the requested variances and site issues at a public hearing held on Monday, April 21,2003, during which they recommended by a 7 to 0 vote to: Approve the 36 s.f. of additional hardcover in the 0-7S* setback zone for the lower deck. Deny the additional structure in the 0-7S’ setback zone for the second story deck. Deny the encroachment into the average lakeshore setback for the second story deck. Deny the additional lot coverage by structures increasing to 1,650 s.f for the second story deck. Based on this reconunendation, staff recommends removal of the second story deck and requiring the applicant to take steps to make the upper level door safe by adding a railing or permanently blocking it. Because there are two lower level doors exiting the house, staff further recommends retaining the lower level deck with railings as-is, and grant a variance for the additional 36 s.f hardcover in the 0-75’ setback zone. Sansevere voiced his fhistration with the builder for disregarding what the City had told him he could do and building what he wanted anyway. He was disgusted that the applicant had not shown up to any of the scheduled meetings with the City to resolve these issues and left the new owner to take all the heat. While he was not privy to the intimate details of the application, Mr. McBride indicated that his client, Mr. Johnson, felt that the ball was dropped by both sides. Sansevere questioned how the applicant could defend the fact that he built what he wanted and got away with it, and because the City didn’t catch him, this justified his actions. Nygard asked why Mr. McBride was present as a representative for the applicant, if he was not familiar with the intimate details of the application and could not comment or provide the answers that the City was looking for. PAGE 5 of 14 liltiliitf r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*cloclc p.m. 7. #03-2880 FRED JOHNSON, 1926 EAGERNESS POINT ROAD, Continued Sansevere was tom by the fact that it was Mr. Johnson, the builder, who should be penalized for these actions, and not the new homeowners who’ve been caught in the middle of these circumstances. Mr. Knutson commented that Mr. Johnson had hired his services to make alterations to plans on the interior and draw up decks on the exterior per his instructions. Mrs. Chwialkowski brought up several key items for consideration with regard to the timeline, first that the permits were granted in May 2001, the final inspection took place in March of 2002 with the certificate of occupancy issued in May of that year. She noted that during the course of construction, 14 independent inspections took place by both the building inspector and building official, and at no time were the improper decks noticed. During the Planning Commission meeting last week. Commissioner Mabusth had suggested that potential new owners check the address file before purchasing a home to try to get a clear nderstanding of any ongoing issues related to a new home. Mrs. Chwialskowski indicated that she visited the City that day to examine the address file of her property, and found nothing to indicate there was a problem that would have deterred her from purchasing the home. She mentioned that the Commission had also suggested the new owners take civil action against the builder, noting that this would cost a considerable amount of money and time. While she could take action, she maintained that there is a defense due to the confusion with the plans, the 14 inspections, and the final issuance of the certificate of occupancy. Mrs. Chwialkowski stated that, of course, she is very angry with the builder for causing them this headache. She stated that, as the new owners who have to be stuck with the Council’s decision, they really would like to keep the decks, as they were integral reason of their purchasing this small home. Sansevere asked if the City had any recourse against Mr. Johnson for knowingly violating the codes this way. He found it difficult to penalize the new home owners, since the City ’s own inspectors mistakenly signed off on the home. While no other fining apparatus would be available to the City, Attorney Barrett stated that the City could attempt to file a violation of the building code, but would ne^ to prove intent. Sansevere urged staff to pursue Mr. Johnson and was angry that the applicant had pulled, what appears to be, a fast one on the City and isn’t here to address the Council’s concerns. He indicated that, ethically, he would need to support the new home owners. Barrett commented that based on a memo, dated 4/10/03, from Lyle Oman to the applicant, clearly a timeline has been established that would support that by June of 2002 the applicant was well aware that his decks were illegal. He added that, the mere hict, that the building inspector PAGE 6 of 14 i; V. i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*clock p.m. 7. FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued made a mistake would not necessarily be sufTicient reason to grant the after-the-fact variances being requested. Murphy, too, wished that Mr. Johnson were present to address the Council’s concerns. He pointed out that the residence was given the City stamp of approval, albeit by mistake, we are stuck with the situation at hand and, like many others, the new owners should have the deck grandfathered in to the purchase. Gaffron stated that the exhibits in the file clearly indicate that the decks do not belong on the property, however, an immediate course of action should have been pursued at the time of discovery. Mayor Peterson maintained that a process had begun, via phone calls and contact by the Building Official Lyle Oman, in an effort to require the applicant to conform. On the other hand, she felt there was a lapse of time during which the City failed to force the issue with ongoing contact and the applicant sold the property. With regard to action, Barrett suggested that the rationale for granting the application could focus on sufficient notice given to the applicant, and in doing so, in the future, a document attachment to the title file could be made that informs people of pending action being taken by the City. He reminded the Council that mistakes will happen. While moved, Murphy seconded, to grant four after-the-fact variances including, one that would allow the second story deck located 27.5’ from the OHWL of Lake Minnetonka where no structure is allow^; a second story deck encroachment approximately 5* into the average lakeshore setback; a second story deck that is an additional 120 s.f. of lot coverage by structures for a total of 1,620 s.f. where 1,500 s.f. was previously approved; and an additional 36 s.f. of hardcover in the 0-75’ setback zone where 2,0^ s.L was previously approved for a total of 2,115 s.f. for the construction of a second story deck attached to a newly constructed single family residence located on the property. White questioned whether the City could put an asterisk by the builder’s name which would alert the City to his inappropriate behavior when future applications arise. Murphy asked if there were a way to flag a builder’s name. While the City could not take any sanctions against a specific builder, Gaffron indicated that they know who the builders are and would be alerted to specific applications when they arose. White added to the motion that, as Attorney Barrett recommended. In future instances, similar to the Johnson application, a document be attached to address files alerting potential homeowners of lis pendens action being taken by the City against a title. PAGE 7 of 14 ! MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*ck>ck p.m. 7. m-2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued VOTE: Ayes 4, Nays 1, Nygard dissenting, stating that permitting the decks would be the wrong thing to do. 21. SPECIAL EVENTS PERMIT I. Applicant: Event: Location: Date: Time: Kyle Hunt and Partners, Incorporated 2003 Luxury Home Tour 1745 Concordia Street June 6-8,13-15, & 20-22 (Fri-Sun) Fri. l-7pm; Sat/Sun 1 lam-6pm Mayor Peterson moved. White seconded, to reconsider item #21, Special Events Permit #1 for Kyle Hunt and Partners, Incorporated. VOTE: Ayes 5, Nays 0. As several neighbors from Concordia Street were present to submit a petition from the neighbors regarding objection to the parking proposal for the home tour on Concordia Street, the City Council wished to discuss the matter forther. Neighbors Curtis Taets, 1725 Fagerness Point Road; Leif Taubenberger, 1743 Fagemess Point Road; and Laureen Darling, 1719 Fagemess Point Road were present. Mr. Taubenberger stated that he and his neighbors were opposed to parking in front of their homes during the three weekends in June for the Luxury Home Tour and requested that the City Council require the applicant to pursue shuttling options. Murphy noted that it is a diffrcult parking scenario during three prime weekends in June and asked if the representative of Kyle Hunt had contacted neighbors beforehand. Wendy Bermis, of Kyle Hunt and Partners, indicated that, while shuttling was a possibility, it was an exp^^nsive proposition for them and they would prefer not to. The Home tour differs from the Parade of Homes i ./ur in that visitors purchase $20 tickets to take the tour throughout the Minneapolis area, and they would not expect any more than 20 cars at any given time at the location. She pointed out that they would be providing someone to direct traffic and manage the parking situation, as well as, post no parking signs on one side of the road. She noted that they had contacted the neighbors by letter in mid April. Since the road deadends, Murphy was concerned how people would exit the area without undue congestion. Bennis reiterated that the police department had provided them with a route map for parking that they could pass out to visitors as they enter the neighborhood. PAGE 8 of 14 iiiHL 111* iriilllii J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o’clock p.m. 21. SPECIAL EVENTS PERMIT, Continued Since this would be considered the high time of summer and the residents might be doing their own entertaining these weekends, White recommended that the builder make alternate parking or shuttling plans. In light of their concerns, he felt the City could not support tying up that much time and space for the neighbors. Ms. Darling agreed that they did not need added traffic these weekends. Mr. Taubenberger felt that this traffic, combined with the construction traffic slated for the summer, and any additional entertaining neighbors might be hosting would be too much for the street to handle. Bennis stated that the builder, Kyle Hunt, was sensitive to the neighbors concerns and they would go back to the drawing board to discuss other options. Nygard moved. White seconded, to approve the special events permit for Kyle Hunt and Partners, Incorporated Luxury Home Tour, subject to their supplying the City with an appropriate shuttle plan. VOTE: Ayes 5, Nays 0. *S. #03-2884 JOHN AND CHERYL FIEBELKORN, 2730 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 4958 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4958, a Resolution approving a lakeshore setback of 68 J’ from the OHWL of Lake Minnetonka where 75’ is required; 586 s.f. (6.7%) hardcover within the 0-75’ setback zone where none is permitted (no change from existing): 6,449 s.f. (52 J%) where 3,085 s.f. (25%) is permitted hardcover within the 75’ to 250’ lakeshore setback zone (no change from existing); and an encroachment of 22’ into the average lakeshore setback variances to replace an existing lakeside deck that may be up to 482 s.f. In size (or 83 s.f. larger than it currently exists) and still meet the maximum structural coverage (3,157 s.f. of 15% of the lot area) allowed on the lot. The Resolution denies a lot coverage by structure variance. VOTE: Ayes 5, Nays 0. *9. #03-2887 MINNETONKA CUSTOM HOMES, 4753 NORTH SHORE DRIVE - VARIANCES - RESOLUTION NO. 4959 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4959, a Resolution approving variances for a lot area of .19 acres, lot width of 50’ where 100 ’ is required, rear yard (street) setback, 9.34% hardcover in the 0-75’ lakeshore setback zone, 44.85% hardcover in the 75’-250’ lakeshore setback zone variances, a 14’ setback from the top of the bluff where 30 ’ is required, 7’ +/- encroachment into the bluff impact zone where none is permitted, and placing fill in a bluff Impact zone where no fill is permitted to construct a new residence on the property, subject to staff conditions. VOTE: Ayes 5, Nays 0. PAGE 9 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,200.1 7:00 o*ciock p.m. *10. MI3-2888 JIM CUSACK, 4140 HIGHWOOD ROAD - VARIANCE RENEWAL RESOLUTION NO. 4960 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4960, a Resolution renewing lot width, lot area, hardcover in the 500*-1000* setback lone, and an accessory building without a principal structure variance to construct a new residence on the property. VOTE: Ayes 5, Naj'S 0. *11. JOINT USE DOCK LICENSES - RESOLUTION NOS. 4961 - 4969 Murphy moved, Sansevere seconded, to adopt RESOLUTION NOS. 4961 - 4969, granting 2003 Joint use dock licenses for each of the following nine applicants: • 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn*s Point Road - Resolution No. 4961 • Kelly Cove Homeowners Association - RMolution No. 4962 • Walter’s Port Maintenance & Improvement Association Resolution No. 4963 • Victoria Estates Homeowners Association - Resolution No. 4964 • Pheasant Lawn Homeowners Association - Resolution No. 4965 • FoxhiU Homeowners Association - Resolution No. 4966 • Forest Arms Country Club Addition - Resolution No. 4967 • 460 Tonkawa Road, 500 Tonkawa Road and 550 Tonkawa Road - Resolution No. 4968 • Big Island, Inc. - Resolution No. 4969 VOTE: Ayes 5, Nays 0. MAYOR/CITY COUNCIL REPORT With regard to the comments made by Mr. Miller earlier this evening, Murphy stated that these were just a few from a whole series of issues Mr. Miller has with the City, beginning with the City inadvertently tapping the wrong well. Murphy believed that, while the City could do a better job getting back to Mr. Miller on some issues, he has gone above and beyond trying to search out issues to confront the City with. Murphy noted that Mr. Miller has thoroughly examined the site, trespassing in fact, and has even gone so far as to climb the roof of the Fire Station to investigate his issues. Although this is what Mr. Miller does for a living. Murphy indicated that he relayed to Mr. Miller that Orono is not equipped to deal with all of the issues that he continues to find and drag up. Sansevere stated that the City has no choice but to follow-up and deal with the issues Mr. Miller uncovers. He believed that if the City has made mistakes, it is the City’s responsibility to correct them. White concurred stating that, while it is Mr. Miller’s right to air his grievances, the Council, having more brains than God gave goats, understands that some of the grievances could have a malicious intent. He cautioned the City to take care in how they answer his questions, ot take a position, as he insists. PAGE 10 of 14 I ..auA MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*clock p.m. MA YOR/CITY COUNCIL REPORT, Continued Murphy suggested that stafT come prepared with a summary of what the City has done to answer Mr. Miller’s concerns. Sansevere asked two questions, first, how the Council would choose to honor athletics, and second, what names would be given to the Council scholarships. Moorse stated that he had called the school to inquire how they honor academics versus athletics and was told that academics were only honored at the end of the school year. White asked what criteria had been established for the scholarship. Sansevere indicated that the only requirements had been that the student be an Orono resident who performed community/public service, and/or had plans to further their education in public service. Murphy questioned whether the City Council would be out of line honoring conference champions or individuals during the course of the year, if the school only honors them at the end of the year. Sansevere believed honoring achievements could foster community spirit and good relationships between the City and Schools. Moorse suggested adding recognition for achievement as part of the Mayor and Council report. He questioned why the schools didn’t do more to honor its own, whereas the City wishes to do so. Murphy moved, Sansevere seconded, to have the Mayor attend a school assembl>/pep fest and award a framed proclamation which honors achievement during the course of the year. VOTE: Ayes 4, Nays 1, Mayor Peterson dissenting. Murphy moved, Sansevere seconded, to reconsider the motion. VOTE: Ayes 4, Nays 1, Nygard dissenting. Murphy noted that road load limits were removed the past week. PUBLIC SERVICE DIRECTOR’S REPORT *12. NPDES PHASE II STORMWATER PERMIT Murphy moved, Sansevere seconded, to approve the City of Orono permit application for a NPDES Phase n Storm Water Permit which includes the City of Orono Storm Water Pollution Prevention Plan (SWPPP). VOTE: Ayes 5, Nays 0. PAGE 11 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o'clock p.m. *13. SC ADA SYSTEM - CHANGE ORDER NO. I Murphy moved, Sansevere seconded, to approve Change Order No. 1, SC ADA System Project to Automatic System Company in the amount of $6395 for replacement of the Navarre water plant PLC unit. VOTE: Ayes 5, Nays 0. *14. HENNEPIN COUNTY COST PARTICIPATION AGREEMENT FOR COUNTY ROAD 6 TRAIL - RESOLUTION NO. 4970 Murphy moved, Sansevere seconded, to approve RESOLUTION NO. 4970, a Resolution authoriling execution of a cost participation agreement with Hennepin County for the construction of a bicycle trail along County Road 6. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *15. PAY REQUEST - NAVARRE FIRE STATION Morphy moved, Sansevere seconded, to approve the request for payment In the amount of $11,12232 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes 5, Nays 0. *16. REQUEST FOR HRA TO CALL FOR BOND SALE - RESOLUTION NO. 4971 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 4971, a Resolution requesting the Orono HRA to call for the sale of bonds to finance the Navarre Fire Station and fire equipment. VOTE: Ayes 5, Nays 0. *17. PERSONAL MATTER A Murphy moved, Sansevere seconded, to approve the staff recommendation regarding the personal matter. VOTE: Ayes 5, Nays 0. *18. PERSONAL MATTER B Murphy moved, Sansevere seconded, to approve the staff recommendation rogarding the personal matter. VOTE: Ayes 5, Nays 0. *19. SECOND ADENDUM TO GROUND LEASE AND SUBLEASE WITH THE ORONO SCHOOLS AND THE ORONO BASEBALL ASSOCIATION Murphy moved, Sansevere seconded, to approve the Second Addendum to Ground Lease and Sublease with the Orono Schools and the Orono Baseball Association. VOTE: Ayes 5, Nays 0. PAGE 12 of 14 .^UaWMiMiini laUlil J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28,2003 7:00 o*clock p.m. 20. SCHEDULE SPECIAL COUNCIL MEETING/WORK SESSION With Council support, Moorse set the Regular Work Session for Thursday, May 1, and the Special City Council Work Session for May 6,2003. CITY ATTORNEY’S REPORT Attorney Barrett had nothing new to report 21. LICENSES Kennel License: 1. Jennifer Vervoort-Smith 2580 Fox Street Special Events 1.Applicant: Steiner & Koppclman Event: 2003 Luxury Home Tour Location: 2795 Pheasant Road Date: June 6 - 8,13 - 15, & 20 - 22 (Fridays, Saturdays & Sundays) Time: Fridays 1:00 p.m. - 7:00 p.m., Saturdays & Sundays 11:00 a.m. - 6:00 p.m. 2. Applicant: LeGran Homes Event: Fall 2003 Parade of Homes Location: 970 Willow View Drive Date: September 6-October 5,2003 Time: Noon - 6:00 p.m., Thursdays through Sundays 3. Applicant: Gear West Ski & Bike Event: Duathlon (3 Mile Run / 20 Mile Bike / 3 Mile Run) Location: Orono Middle School and Surrounding Area as designated on map Date: Sunday, May 18, 2003 Time: 7:00 a.m. - 1:00 p.m. 4. Applicant: Dennis Nelson Event: Wednesday Night Bassin' Fishing Tournament Location: Wayzata Marine - Maxwell Bay Date: Wednesdays • June 11, June 25, July 2, July 16, August 6, August 20, September 3, and September 17,2003 Time: 4:00 p.m. - 8:30 p.m. Murpbv moved, Sansevere seconded, to approve the above Ucenses. VOTE: Ayes 5, Nays 0. PAGE 13 of 14 (hiiiifliir-iiifiiiilittiihl MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, April 2S, 2003 7:00 oVlocIc p.BL *22.BILLS Marphy moved, Saasevere sccoaded, to approve paymeat of the All Faads Accoaat. VOTE: Ayes 5, Na>s 0. ADJOURNMENT Saasevere moved. White secoaded, to adjoara the Oroao City Coaadl Meetlag of April 28,2003 at 8:44 PJVf. to the schedaled HRA Mectiag. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Cleric Barbara Peterson, Mayor PAGE14ofl4 — ii'Hi iiie ^j B 3600 3200 2800 2400 H 1600 1200 800 K 400 I I gtTH 03-2W2- Ii •AY71TA iiVO O S. KWT u s «rUXY PK0T. 5, 8NSA I tm* AGENDA FOR COUNCIL MEETING SET FOR MONDAY. MAY 12,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2700 KELLEY PARKWAY, ORONO, MINNESOTA “~1200 (*) Asterisk items an considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet • located on the counter near the sign in sheeL ROLL CALL i CONSENT AGENDA I. Approve/Amend OATH OF OFFICE APPROVAL OF MINUTES • 2. Regular Council Meeting ofApril 28,2003 MAY 1 2 2003 CITY OH OhUNO PARK COMMISSION CO.M.MENTS — Andrew McDermott, Representative PLANNING COMMISSION COMMENTS - David Rahn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT ’ 4 SmT* “T*’ f Approvals- Resolutions 4. 802-2840 DahUtrom Development LLC, 2550 WayzaU Boulevard West - Review andApprove Development Agreement fi Variance . 7 f" - ''«i»n*e - Resolution7. #03-2882 ^no Baseball Association. 1030 Old Crystal Bay Road North - Conditional Use Permit Renewal - Resolution 8. #03-2886 Dr. Dennis and Diane Killian, 1300 Spruce Place - Variances 5 hUk'OR/COUNCIL REPORT y BOO •’I'BLIC SERVICE DIRECTOR'S REPORT 9. Bridge Replacements Mn/DOT Variances -Resolutions I ~ ,0S->8f| yd^BAY ua ussrmvA ^ CITY ADMINISTRATOR'S REPORT U 10. Pay Request - Navarre Fire Station 11. Appointment of Kyle Russeth to Full-Time Police OfTicer Position 12. Appointment of Paul Theisen to Part-Time Police OITicer Position _1200 [ J; fr”-" state Bank of Ung Lake and North Tonka Crime Coalition 15. Accept Resignation - City Planner Wendy Bottenberg J 16. Budget Amendments for Year 2002 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 12.2003 7-00 ? M i «nn “LLEy parkwa C oLno . CITY ATTORNEY'S REPORT 8 17. LICENSES Limited Lcghold Trap Permit One Day Gambling Permit - Resolution —^2000 • 18. BILLS UPC0.3UNC ISSUES AND EVENTS9. ^ 2222 ■2400 s;: -=0. 05/19 - Planning Commission Meeting, 6:30 p.m. 05/24 - Leaf and Grass Disposal, Saturday, 8 :00 a.ra. - Noon i Q 05/26-HOLIDAY, Observance of Memorial Day * 05/27 - Council Meeting, Tuesday, 7:00 p.m. 05/31 - Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon —2800 V4, Lw..___ REQUEST FOR COUNCIL ACTION MAY 1 2 2003 CONSENT AGENDA ITEM CITY Oh OHONO Date: May 7,2003 Item No,. 3 Department Approval: Ad^nistrator Approval: Name: Michael P. Title: Planning Director f Agenda Section: 2U>ning Item Description: i^2S06 Edward Hamm, 46S-48S Orono Orchard Road - Resolutions - Reconfirm Past Action List of Exhibits A - Staff - City Attorney Correspondence A • Confirmative Resolution for Adoption (Sewer Connection Approval) B • Confirmative Resolution for Adoption (Guest House CUP) C • Resolution No. 4271 Adopted 4-12-99 D - Resolution No. 4335 Adopted 8-23-99 In 1999 Edward Hamm was granted approval to connect his property to municipal sewer, and was granted a CUP for a guest house use. The conditions of approval of those resolutions were met. However, due to Mr. Hamm being out of state for months at a time, the resolutions were not immediately signed by Mr. Hamm. They were eventually sent to Florida for signature. The first set never was returned, and a second set was eventually returned signed but without notarization, and hence could not be filed. To resolve this, at the advice of the City Attorney, we are presenting Council with confirmative resolutions which have recently been signed by Mr. Hamm and notarized. These are identical to the original resolutions but each contain an additional “Whereas” paragraph stating that the new resolution is to confirm the prior action. COUNCIL ACTION REQUESTED Motion to adopt resolutions confirming Resolutions No. 4271 and 4335. ----- ------- HINSHAW & CULBERTSON 4-1 n* cm;1 17 BELLEVILLE. ILLINOIS CHAMPAIGN. ILUNOIS CHICAGO. ILLINOIS YSTALLAKE.IUINOIS JOLIET. ILLINOIS LISLE. ILUNOIS PEORIA. ILLINOIS ROCKFORD. ILLINOIS SPRINGFIELD. ILLINOIS WAUKEGAN. ILLINOIS PIPER lAFFRAY TOWER SUITE 3100 222 SOUTH NINTH STREET MLSNEAPOUS. MINNESOTA 55402 612 333 3434 TEUFAX6l2J34JiSi on t Ur UnCnO PHOENIX. ARIZONA SAN FRANasCO. CALIFORNIA FT LAUDERDALE. aORIDA JACKSONVILLE. aoRIDA MIAMI. FLORIDA TAMPA. FLORIDA SCHERERVILLE. INDIANA ST. LOUIS. MISSOURI APPLETON. WISCONSIN MILWAUKEE. WISCONSIN January IS, 2002 WRnEI» DIRECT DIAL NO. 612-334-2516 F1UNO 752031 Michael P. Gaflron Planning Director City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Edward H. Hamm Resolutions No. 4271 and 4335/Orono File No. 2506 Dear Mike: I have reviewed your correspondence of January 11, 2002 and the enclosures, and discussed it with Tom Barrett. We both believe that the best course of action is to adopt current Resolutions reconfirming the old Resolutions. In order to do this, the following additional "Whereas” clauses should be added to the respective Resolutions. Resolution No. 4271: WHEIWAS, the City Council of the City of Orono previously adopted a Resolution Granting Approval for Sewer Connection for Property at 465-485 Orono Orchard Road South on April 12, 1999 as Resolution No. 4271, the original of which Resolution was given to the applicant for execution and either lost or destroyed; and, the City Council and applicant wish by this resolution to reconfirm the prior City Council Resolution. Resolution No. 4335: WHEREAS, the City Council of the City of Orono previously adopted a Resolution granting a Conditional Use Permit for Property at 485 Orono Orchard Road South on August 23, 1999 as Resolution No. 4335, the original of which Resolution was given to the applicant for execution and either lost or destroyed; and, the City Council and applicant wish by this resolution to reconfirm the prior City Council Resolution. AVAiiiNiiiasriNcuiDiNonartsiQiULoatNtAiiaNs 'I *1 f i 1 ! i :? ? r ■ j .1 Michael P. Gafiron January 15,2002 Page 2 The newly adopted Resolutions can then be dated currently and executed by the present Mayor and City Clerk. We reconunend that the new Resolutions be signed and notarized in duplicate. Duplicate originals are advisable, since one set of originals must be sent to the applicant for execution. 755!^ , i GlTYoT Municipal I] [ii:NO Stmt Addms: 27S0 Kelley Pirtnray Orono, MN S53S6 NaHag AMrass: P.O. Bn 66 Cfystal Bay. MN 56323^ January 11,2002 Rolfe A. Worden Hinshaw & Culbertson Piper Jaffray Tower, Suite 3100 222 South Ninth Street Minneapolis, MN 55402-3336 Re: Questions on Resolutions to be Filed - File #2506 - Edward H. Hamm Dear Rolfe: Rolfe, I’m trying to clean up old files. Enclosed are photocopies of Resolutions #4271 and #4335 for your reference. As you can see, both are quite aged and have not been executed by the Mayor or Clerk. The short version of a long story is that Mr. Hamm failed to appear and sign them in a timely manner. We finally allowed Hamm’s anomey, Bruce Odlaug, to send them off for Hamm’s signature, but they came back not notarized. Since August 2000 they have been at the bottom of a pile on my desk awaiting fiuther attention. Here are my questions: Is it possible to file them absent Hamm’s signature being notarized? 2) Given that Jabbour is no longer the mayor and hasn’t been since 12-31 -00, who should sign as mayor: Jabbour, or current Mayor Peterson? Note that all approval conditions of each resolution have been met; Hamm has paid his fees, and the covenant restricting the future development of the property has been filed (copy enclosed along with Odlaug ’s cover letter). Considering that getting Hamm’s signatures notarized may be as difficult as getting his signatures was, please advise as to the most expedient method of getting these filed. Sincerely, -I Michael P. Gaffron Planning Director end. ‘McphoiM(952)24M6M • itt(«S2)24M616 Maun & Simon PLC L U\IL IM IMI\L\rM-.\W COM V^LUblTL: CUM A 2000 MIDWEST PLAZA BUliXMNO WEST SOI NICOLLET MALL MINNEAPOLIS. MINNESOTA S5402-2534 TELEPHONE 6I2-00«-7400 FAX 612-004-7424 ST P.M L III ITCr. I4V> «%CNtU> THUN ( I \riJ< JUl_U»r S4At.\1ll MIU.1 f SUNT PU I.. sot % 1MOI 4«MM TrLFPIIONr. J3<» I AX Rtply to: Minneapolis Writer's Direct Dial: (612)904-7419 Writer's E-Mail: bodlaiig<^nia«nlaw.coni August 25,2000 Mr. Michael P. Gaffron Senior Planning Coordinator City of Orono Post Office Box 66 Crystal Bay MN 55323-0066 & Re: Edward H. Hamm Trust Our File No. H003605-031 Dear Mike: Enclosed are three Resolutions No. 4271 and 4335 you sent to me under letter dated August 23, 2000. These Resolutions have been executed by Edward H. Hamm as Trustee. We have made the appropiiate revisions on Page 1 and the signature page, including the notary form. Also enclosed pursuant to your request is a copy of the Declaration of Subdivision Covenants. Please note that it has been filed with the Hennepin County Recorder’s Office. Finally, we have attached to the Resolutions the proper Exhibit A. This is the same Exhibit A that was attached to the Declaration. There was an Exhibit A attached to one set of the Declarations that was incorrect. I am enclosing a copy of that incorrect Exhibit A. The incorrect Exhibit A describes the parcel south of Fox Street and another parcel south of County Road No. 15 on Lake Minnetonka. My understanding is that the Resolutions and Declaration cover the property lying to the north of the center line of Fox Street. If you have any questions, please call. Very truly yours. BGO:mlo Enclosures cc (w/enclosures):Mr. Edward H. Hamm Mr. Bruce Palmer •4.n005v I BGO os. 25.3000 ^ATTORNEYS AT LAW 4 r B SO-03 , A RESOLUTION GRANTING APPROVAL FOR SEWER CONNECTION FOR PROPERTY LOCATED AT 465-485 ORONO ORCHARD ROAD SOUTH WHEREAS, Edward Hamm* (hereinafter "applicant") is the owner of property in the City of Orono located at 465-485 Orono Orchard Road (hereinafter "the property") legally described as follows: Exhibit A attached; and WHEREAS, the property is approximately 18 acres in area and contains a principal residence structure containing 8 bedrooms and two individual guest house or caretaker house structures each containing 1 bedroom, which would normally require 3 individual septic systems and 3 alternate drainfield sites; and WHEREAS, the existing septic systems serving the 3 dweliing units are intercormected and have exhibited intermittent failure for many years, and are also nonconforming due to lack of 3' separation from the zone of seasonal saturation; and WHEREAS, a site evaluation has been completed by a licensed Site Evaluator and it has been determined that the property contains only two suitable drainfield sites instead of the six that would normally be required, and use of such sites would have the following negative impactr: 1.Use of the tested sites would require continued intercormection of septic systems serving three individual dwellings, and the associated complexities and problems inherent in such interconnections. *as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992, as subsequently amended and restated in its entirety by Amendment and Restatement of Trust of Edward H. Hamm dated October 10,1995, and as further amended and restated by Amendment and Restatement of trust of Edward H. Hamm dated February 26,1999. Page 1 of 5 J 2. 3. Use of the suitable primary septic site would require the removal of at least thiee mature pine tiees and jeopardize other trees in the area; use of the alternate site would similarly result in the removal of younger trees which provide screening and would similarly jeopardize mature trees in the immediate area. Both tested sites would place a drainfield less than the City minimum requirement of 75* from the existing well. The heavy clay soils on the site tend to create a somewhat higher risk of system failure than other soil types, posing a potenti?! threat to public health, safety and welfare, If the system failed, it would impact 3 separate dwellings, not just one; and WHEREAS, the property is adjacent to the existing MUSA and is near existing municipal sewer lines which can feasibly be extended to serve the property; and WHEREAS, the property substantially meets the criteria established by the City for use of the 50 'floating' sewer units approved by the Metropolitan Council for properties outside the MUSA boundary; and WHEREAS, the applicant has indicated he will pay all costs associated with extension of the existing municipal sewer, connection charges, etc. and will agree to permanently limiting development of the 18-acre site to just 3 dwelling units, via deed covenants or other suitable instruments; and WHEREAS, the Council finds that permanently limiting development ofl ’^is 18-acre parcel to 3 dwelling units would be in keeping with the City's rural low-denuiiy philosophy as detailed in the Orono Community Management Plan, and would provide an ultimate level of development that is suitable for the site given the various site development constraints including wetlands, steep slopes, etc.; and WHEREAS, the Council finds that, in combination, the factors and findings noted above establish that this is a unique situation as compared to others, and that ,here is a substantial basis to allow approval of the sewer connection subject to appropriate conditions. Page 2 of S II A WHEREAS, the City Council of the City of Orono previously adopted a Resolution Granting Approval for Sewer Connection for Property at 465-485 Orono Orchard Road South on April 12, 1999 as Resolution No. 4271, the Original of which was given to the applicant for execution and either lost or destroyed; and the City Council and applicant wish by this resolution to reconfirm the prior City Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota does hereby approve extension of municipal sewer to the property at 465-485 Orono Orchard Road subject to the following conditions: 1. 2. 3. 4. 5. Applicant shall pay all actual costs associated with extension of a municipal sewer line to the property boundary, upon billing of said costs to the applicant. The extension of municipal lines shall be completed by a contractor hired by the City based on a design to be completed by the City Engineer. Additionally, applicant shall pay a connection charge for each of the three dwelling units based on the current connection charge for the 1980-1 Minnetonka Bluffs project, an amount equal to 3 x S10,930 per the current City fee schedule or a total of $32,790. The connection charge shall be due prior to issuance of a connection permit for each dwelling unit. Additionally, 3 Sewer Availab'.. y Charge (SAC) Uttits will be due at the time of issuance of a connection permit for each dwelling unit. Applicant shall execute a deed covenant in a form acceptable to the City Attorney that penman ntly limits dev^rtopment of the property for residential uses to no more than three (3) dwelling units. The three existing dwelling units may be replaced if applicant chooses to do so, subject to all appropriate permits; and nothing in this approval shall prohibit the applicant from developing the property into three individual lots each containing one dwelling unit. Applicant shall formally apply for and obtain a Guest House conditional use permit (CUP) for the two guest/caretaker units on the property, prior to connection of said units to the municipal sewer. Page 3 of 5 s STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) On this day of 20___before me a Notary Public within and for said county, personally appeared , known to m»^ to be the person(s) described in aiid who executed the foregoing instrument, and acknowledge;' that hc(they) executed the same as his (their) free act and deed. NOTARY PUBUC *as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992, as subsequently amended and restated in its enti'-ety by Amendment and Restatement of Trust of Edward H. Hamm dated October 10,1995, and as further amended and restated oy Amendment and Restatement of trust of Edward H. Hamm dated February 26,1999. r ,/■ Ml Page S of 5 mm :■ ..•r. •. Hb .......... lain c X-7-oi A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) HLE #2506 WHEREAS, Edward H. Hamm*, (hereinafler "the applicant") is owner of the property located at 485 Orono Orchard Road South within the City of Orono (hereinafler "City”) and legally described as: Exhibit A attached, Hennepin County, Minnesota (hereinafler "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaiuiing Codes, the Orono Planning Commission held a public hearing on August 16, 1999, at wliich times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a conditional me permit to Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house; and WHEREAS, the City Council of the City of Orono previously adopted a Resolution granting a Conditional Use Permit for Property at 485 Orono Orchard Road South on August 23, 1999 as Resolution No. 4335, the original of which Resolution was given to the applicant for execution and either lost or destroyed; and the City Council and applicant wish to reconfirm the prior City Council Resolution. *as Trustee under the Trust of Edward H. Hamm originally established on August 14,1992, as subsequently amended and restated in its entirety by Amendment and Restatement of Trust of EdwaM H. Hamm dated October 10, 1995, and as further amended and restated by Amendment and Restatement of trust of Edward H. Hmim dated February 26,1999. Page 1 of 6 I . } . 4 ^ 'j I Minnesota: 1. 2. 3. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2506. The property is located in the RR-IB Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of 18 acres. The Planning Commission reviewed this application on August 16, 1999 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following flndings of fact: A.Guest houses are considered dwelling units and are required to meet the allowed density for the zoning district. The applicant has requested continued use of two guest houses in the 2 acre zoning district. Property would have 3 dwelling units on 18 acres. B.On April 12,1999 the Orono City Council approved a request by Mr. Hamm to allow the property to be served by sanitary sewer. A condition of approval is the property owner shall file an application for a conditional use permit to allow continued use of two guest houses on the property. C. Guest houses meet all required principal building setbacks. D. Property owner agrees to file a restrictive covenant on the title stating this property shall not be allowed more than three dwelling units. The City Council finds that granting a conditional use permit to allow continued use of two guest nouses 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 properties, nor will its 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 the Zoning Code and Comprehensive Plan of the City. Page 2 of6 -- 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDf a 4ND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit continued use of two guest houses, subject to the following conditions: 1.Property owner files the Declaration of Subdivision Covenants on the title stating the property shall not develop to more the three units. 2.Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (August 23,2000). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned ^plicant 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 of 6 I ____i Adopted by the Orono City Council on this day of .20 . ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner Edward H. Hamm, Trustee* STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me on this day of 20_, Barbara A. Peterson and 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 20__, before me a Notary Public within and for said County, personally appeared Edward H. Hamm, Trustee*, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the he executed the same as his free act and deed. *as Trustee under the Trust of Edward H. Hamm originally established on August 14,1992, as subsequently amended and restated in its entirety by Amendment and Restatement of Trust of Edwanl H. Hamm dated October 10, 1995, and as further amended and restated by Amendment and Restatement of trust of Edward H. Hamm dated February 26,1999. Page 4 of6 ...... b 1511 CITY of ORONO ^csho: resolution of the city council NO. .42/1 . A RESOLUTION GRANTING APPROVAL FOR SEWER CONNECTION FOR PROPERTY LOCATED AT 465-485 ORONO ORCHARD ROAD SOUTH WHEREAS, Edward Hamm (hereinafter "applicant") is the owner of property in the Cit>‘ of Orono located at 465-485 Orono Orchard Road (hereinafter "the property") legally described as follows: Exhibit A attached; and WHEREAS, the property is approximately 18 acres in area and contains a principal residence structure containing 8 bedrooms and two individual guest house or caretaker house structures each containing 1 bedroom, which would normally require 3 individual septic systems and 3 alternate drainfield sites; and WHEREAS, the existing septic systems serving the 3 dwelling units are intercormected and have exhibited intermittent failure for many years, and are also nonconforming due to lack of 3' separation from the zone of seasonal saturation; and WHEREAS, a site evaluation has been completed by a licensed Site Evaluator and it has been determined that the property contains only two suitable drainfield sites instead of the six that would normally be required, and use of such sites would have the following negative impacts: 1.Use of the tested sites would require continued interconnection of septic systems serving three individual dwellings, and the associated complexities and problems inherent in such interconnections. 2.Use of the suitable primary septic site would require the removal of at least three mature pine trees and jeopardize other trees in the area; use of the alternate site would similarly result in the removal of younger trees which provide screening and w ould similarly jeopardize mature trees in the immediate area. *as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992, as subsequently amended and restated in its entirety by Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995, and as further amended and restated by Amendment and Restatement of Trust of Edward H. Hamn dated February 26, 1999. Page I of 4 i 3. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 427 1 Both tested sites would place a drainfield less than the City minimum requirement of 75' from the existing well. 4. The heavy clay soils on the site tend to create a somewhat higher risk of system failure than other soil types, posing a potential threat to public health, safety and welfare. 5. If the system failed, it would impact 3 separate dwellings, not just one; and WHEREAS, the property is adjacent to the existing MUSA and is near existing municipal sewer lines which can feasibly be extended to serve the property; and WHEREAS, the property substantially meets the criteria established by the City for use of the 50 'floating* sewer units approved by the Metropolitan Council for properties outside the MUSA boundary; and WHEREAS, the applicant has indicated he will pay all costs associated with extension of the existing municipal sewer, connection charges, etc. and will agree to permanently limiting development of the 18-acre site to just 3 dwelling units, via deed covenants or other suitable instruments; and WHEREAS, the Council flnds that peimanently limiting development of this 18-acre parcel to 3 dwelling units would be in keeping with the City's rural low-density philosophy as detailed in the Orono Community Management Plan, and would provide an ultimate level of development that is suitable for the site given the various site development constraints including wetlands, steep slopes, etc.; and WHEREAS, the Council flnds that, in combination, the factors and findings noted alM}ve establish that this is a unique situation as compared to others, and that there is a substantial basis to allow approval of the sewer coimection subject to appropriate conditions. Page 2 of 4 m «• * [•)»m CITYofORONO RESOLUTION OF THE CITY COUNCIL 427 1NO. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota does hereby approve extension of municipal sewer to the property at 46S-485 Orono Orchard Road subject to the following conditions: 1. 2. 3. 4. 5. 6. Applicant shall pay all actual costs associated with extension of a municipal sewer line to the property boundary, upon billing of said costs to the applicant. The extension of municipal lines shall be completed by a contractor hired by the City based on a design to be completed by die City Engineer. Additionally, applicant shall pay a connection charge for each of the three dwelling units based on ^e current connection charge for the 1980-1 Minnetonka Bluffs project, an amount equal to 3 x $10,930 per the current City fee schedule or a total of $32,790. The connection charge shall be due prior to issuance of a connection permit for each dwelling unit. Additionally, 3 Sewer Availability Charge (SAC) units will be due at the time of issuance of a connection permit for each dwelling unit. Applicant shall execute a deed covenant in a form acceptable to the City Attorney that permanently limits development of the property for residential uses to no more than three (3) dwelling units. The three existing dwelling units may be replaced if applicant chooses to do so, subject to all appropriate permits; and nothing in this approval shall prohibit the applicant from developing the property into three individual lots each containing one dwelling unit. Applicant shall formally apply for and obtain a Guest House conditional use permit (CUP) for the t\vo guest/caretaker units on the property, prior to coimection of said units to the municipal sewer. 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. Page 3 of 4 1 i ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor ill til (1) Property Owner' Edward H. Hamn, Trustee* STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 12th day of April, 1999 by Linda S. Vee and Gabriel Jabbour, City Clerk and Mayor respectively, of the City of orono, a Minnesota municipal corporation, on behalf of the municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of ,, 1999 before me a Notary Public within and for said county, personally appeared Edward H, Hamm, Trn<tao*____________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) e.xecuted the same as his (their) free act and deed. NOTARY PUBLIC *as Trustee under the Trust of Edwai^^lf.^fiamn originally established on August 14, 19S2, as subsequently airended and restated In Its entirety by AirertfRc-rt and Restatement of Trust of Edward H. Hamm dated October 10, 1995, and as further airended and restated by Amendment and Pestateirent of Trust of Edward H. Hi dated February 26. 1999. lamr * * ; ' li I CITY oT ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 8 5 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #2506 WHEREAS, Edward H. Hamm, (hereinafter "the applicant”) is owner of the property located at 485 Orono Orchard Road So ith within the City of Orono (hereinafter "City") and legally described as: Exhibit A attached, Hennepin County, Minnesota (hereinafter "property"); 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 August 16, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a conditional use permit to Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Miimesota: 1. 2. FINDINGS *. This application was reviewed as Zoning File #2506. The property is located in the RR-IB Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of 18 acres. 3.The Planning Commission reviewed this application on August 16, 1999 and recommended approval on a vote of 5 to 0. Page 1 of 6 *as Trustee under the Trust of Edward H. Hamr originally established on August 14. 1992, as subsequently amended and restated In Its entirety by Amendir<ent and Restatemetn cf Trust of Edward H. Hant' dated October 10. 1995, and as further amended and restated by Amendment and Restatement of Trust of Edward H. Hamm dated February 26. 1999.1 I* • 'VA '^1 't GITYofORCX^O RESOLUTION OF THE CITY COUNCIL NO. d *•< 4. The Planning Commission made the following fmdings of fact: A.Guest houses are considered dwelling units and are required to meet the allowed density for the zoning district. The applicant has requested continued use of two guest houses in the 2 acre zoning district. Property would have 3 dwelling units on 18 acres. B.On April 12,1999 the Orono City Council approved a request by Mr. Hamm to allow the property to be served by sanitary sewer. A condition of approval is the property owner shall file an application for a conditional use permit to allow continued use of two guest houses on the property. C. D. Guest houses meet all required principal building setbacks. Property owner agrees to file a restrictive covenant on the title stating this property shall not be allowed more than three dwelling units. 5.The City Council finds that granting a conditional use permit to allow continued use of two guest houses 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 properties, nor will its 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 the Zoning Code and Comprehensive Plan of the City. 6.The City Council has considered this application including the findings and tecommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit continued use of two guest houses, subject to the following conditions: Page 2 of 6 -.■O''.V 'i ■ . ' V-. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. -----4-3 S 5---- 1.Property owner files the Declaration of Subdivision Covenants on the title stating the property shall not develop to more the three units. 2.Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (August 23,2000). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicant has read, 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 cf the property. Adopted by the Orono City Council on this 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor i.ift/f Property Owner Edward H. Hatnrr; Trustee* STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 23rd day of August, 1999, by Gabriel Jabbour and 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 *as Trustee under the Trust of Edward H. Haimi originally established on August 14, 1992, as subsequently amer.ded and restated In Its entirety by Amendirert and Restateirent of Trust of Edward H. Hanw dated October 10, 1995, and as further aircnded and restated by Airendment and Restateirent of Trust of Eewerd H. Hairm dated February 26, 1999. p,g,3of6 n i • General Concept Plan Approval (Resolution No. 48S2): August 26,2002 •• General Dev. Plan Approval & Prel. Plat Approval (Resolution No. 4915): January 27,2003 MAY I 2 2003 REQUEST FOR COUNCIL ACTION CITY Of Ufiui^o Date: May 9,2003 Item No.: A-/ Department Approval:Administrator Approval: Name:Michael P. Gaffron Title: Planning Director Agenda Section: Zoning Item Description: #02-2789/02-2840 Dahlstrom Development, LLC, “2550 ” Wayzata Blvd. - Approve Language and Execution of PUD. No. 4 Agreement - Adopt Rezoning Ordinance List of Attachments A - PUD No. 4 Agteement (incl. Special Conditions Memo ‘Exh. K’) B - Rezoning Ordinance C - City Engineer Comments August 8,2002 On April 28, 2003 Council adopted Resolution No. 4955 Approving the Plat of Stonebay. The Developer, staff and respective attorneys have reviewed the language of Planned Unit Development Agreement No. 4 and have reached a consensus on a majority of the issues. Outlot A Access Issue The only apparent issue that remains for Council discussion is whether a right-in/right-out access for Outlot A (commercial outlot at NW comer of Willow and 12) should be allowed on a permanent basis, rather than just during the time the temporary sales trailer is in place. Options include: 1.Not address that issue until a development plan for Outlot A is brought to the City at some future date, and omit any language from the PUD 4 Agreement that would prohibit or approve such an access. 2. 3. Add language that allows such access subject to final site plan review in the future. Retain cunent draft language that prohibits such access. I J #02-2840 May 9,2003 Page 2 The City Engineer in his site plan review memo of August 8,2002 regarding traffic concerns made the following comment: “Suggested access to the potential commercial areas on the SE and SW corners of the site is noted on the site plan. Full movement access can be allowed along Kelley Parkway and right in/right out access can be allowed along Highway 12 for the SE parcel and full movement access, with Highway 12 improvements can be allowed for the SW parcel at the location shown on the marked up site plan. A right in/right out access can be allowed along Willow for the SE parcer. The City long ago established that no direct access to Highway 12 is intended for the area north of 12 between Willow and Old Crystal Bay, even though such access might be technically feasible. It is staffs recollection that direct access to Willow Drive fiom the SE outlot was also not intended, despite the Engineer’s comment that it is feasible. The primary issue is stacking distance and impact on traffic flow on Willow. Staff would like direction from the Council regarding the language to incorporate into the Agreement. The Developer indicates he has relied on the comments in the Engineer’s memo of August 8,2002 and has expected to be allowed such access. Other Minor Revisions Completed or Pending - The wananty provisions for utilities and roads have been consistently established as 24 months in all documents. - PUD 4 Agreement Section D regarding installation of improvements will have text reorganized to make more clear the distinction between and maintenance responsibilities for public and private improvements. Rezoning Ordinance The attached Rezoning Ordinance formally rezones the site to PUD; the residential portion north of Kelley Parkway will be rezoned to PUD/RPUD and the commercial outlots will remain as PUD/RR- 1B until they are replatted as Lots and rezoned for office use as guided in the 2000-2020 CMP. The rezoning ordinance becomes effective upon execution of the PUD NO. 4 Agreement by the City and Dahlstroro, and upon City filing of the final plat of Phase I of STONEBAY with Hennepin County. J M2-2840 May 9,2003 Page 3 STAFF RECOMMENDATION Staff recommends that Council tq>prove the language of the PUD No. 4 Agreement as presented subject to completion of minor revisions as noted above, and subject to incorporating appropriate language regarding Willow Drive access to Outlot A; and authorize the Mayor to execute the final PUD No. 4 Agreement upon its finalization. Staff recommends adoption of the rezoning ordinance attached. COUNCIL ACTION REQUESTED 1. 2. Provide staff with direction regarding the outlot A/willow Drive access. Motion to approve the language of the Planned Unit Development No. 4 Agreement for between the City of Orono and Dahlstrom Development LLC, with revisions as noted. 3. Motion to adopt Ordinance No.___, 2nd Series entitled “An Ordinance Amending the Municipal Code of Orono And Amending the Official Zoning Map By Rezoning Certain Property Within Outlot B, Willow Properties Addition, Hennepin County, Minnesota From RR-IB Single Family Rural Residential District to PUD/RPUD Residential Planned Unit Development District or to PUD/RR-IB Rural Residential Zoning District And Adding Section 10.53 Subdivision 11 Regarding Planned Unit Development No. 4 - File #02- 2789/02-2840". A '/ -vH " % * .ir/ * ’ wm ■i ' ] n \ t i «1 Initial Draft I2-94I2 »2 Robed Draft l•2^^>^ «3 Robed Draft 4-16-03 #4 Revbed Draft 4-2I/S-6-03 as Robed Draft 5-9-03 (SUBJECT TO COMPLETION AND REVISION) A CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 4 AGREEMENT “2550" WAYZATA BOULEVARD DEVELOPER: DAHLSTROM DFATILOPMENT CORPORATION LLC NAME OF DEVELOPMENT: STONEBAY THIS AGREEMENT, made and entered into this day of 2003, by and between the City of Orono, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter called "City”), and Dahlstrom Development Corporation LLC, a Minnesota Corporation, its heirs, successors and assigns (hereinafter called "Developer”). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development (PUD) rezoning and formal plat application for property located at “2550" Wayzata Boulevard, such development to include the following elements: 1.Rezoning of the portion of the Property north of Kelley Parkway from RR-1B Single Family Rural Residential District to RPUD Residential Planned Unit Development District for construction of 162 residential multi-family dwelling units on a portion of the site comprising {^jproximately 41 acres, such development to be known as “STONEBAY”. 2.Creation of two commercial outlets south of Kelley Parkway to be rezoned and developed at a later date. 3.As part of the residential development, construction of Kelley Parkway as a public street, as well as construction of municipal sewer, water, and storm sewer systems to serve the proposed development; and WHEREAS, on January 27, 2003 the City Council granted General Development Plan Approval for the proposed development subject to conditions per Resolution No. 4915, on the condition that the Developer enter into this agreement to provide for conformance with the City’s Planned Unit Development (PUD) ordinances, and to provide for the installation of and establish responsibilities for maintenance of improvements associated with the development. Page 1 of20 Developer Initial City Clerk Initial^ i ; 4 i I i —----- -d NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follows: A. General Terms and Conditions 1. 2. 3. Property Description. This Planned Unit Development No. 4 Agreement for Dahlstrom Development Corporation LLC applies to the following described property located in Hennepin County, Minnesota: Outlot B, Willow Properties Addition, Hennepin County, Minnesota, except Parcel 201 and 201a Minnesota Department ofTransportation Right of Way Plat No. 27-57 (hereinafter the "Property"). Property Deseriotio ns after Platting . The property descriptions after platting and dedication of right-of-ways for Kelley Parkway, Willow Drive and Highway 12 shall be as follows: Lots 1 through 46, Block 1; Lots 1 through 10, Block 2; and Outlots A, B, C, D, E, F, G, H, 1, J and K, STONEBAY, Hennepin County, Minnesota. Zoning. The portion of the Property located north of Kelley Parkway, comprising Lots 1 through 46, Block 1, Lots 1 through 10, Block 2, and Outlots E, F, G, H, I, J and K is zoned Residential Planned Unit Development (RPUD) District. The portion of the Property located south of Kelley Parkway, including Kelley Parieway and Outlots A, B, C and D is zoned RR-IB (PUD) Single Family Rural Residential District, and shall remain zoned RR- IB (PUD) until such time that the City approves a rezoning. 4. Permitted Uses. Within the Property the permitted uses are as follows: Within Lot 46, Block 1 and Lot 10, Block 2 the permitted uses shall be common open spaces, private streets and driveways, utility systems, sidewalks, retaining walls and other landscaping features ancillary to the residential development, including approved signage and lighting. No accessory buildings except as indicated on the approved plans shall be allowed within Lot 46, Block 1 or Lot 10, Block 2. b) Within Lots 1 through 45, Block 1 , and Lots 1 through 9, Block 2, the permitted uses shall be attached residential dwelling units. Page 2 of 20 Developer Initial, City Clerk Initial - 5. 6. Outlets E, F, G and H shall not be used until they are platted into Lots and Blocks. After such platting has been completed, within the designated commons Lots permitted uses shall include common open spaces, private streets and driveways, utility systems, sidewalks, retaining walls and other landscaping features ancillary to the residential development including approved signage and lighting. No accessory buildings except as indicated on the approved plans shall be allowed within the commons Lots. Within the areas to be platted for individual ownership, the permitted uses shall be attached residential dwelling units. The maximum numbers of residential dwelling units within the residentially zoned portions of the property north of Kelley Parkway are 62 Lofts units, 49 two-story lownhomcs, and S1 rambler townhomes. Outlots A and D shall not be used except for public recreational trail use until such time that they are platted into Lots, at which time their permitted uses will be further designated; except that Outlot A may be used for a temporary sales trailer and parking area for the residential portion of development until such time that the trailer can be moved onto the residential portion of the property. Outlots B and C shall be used for regional stormwater ponding purposes and public recreational trail purposes. No other uses will be permitted for Outlots B and C. Other uses shall not be allowed except by amendment of this PUD agreement. Site Access. The only access to adjoining public streets shall be onto Kelley Parkway, except that future development within Outlot H shall be allowed one shared driveway access onto Willow Drive. Access driveway locations shall be as shown on the approved site plan. Exhibit A. Future access to Outlots A and D shall be solely from Kelley Parkway, and no direct access to Highway 12 or Willow Drive shall be allowed; except that a rifht-in/rifht- out access from Willow Drive to Outht A mav he used to access the parking area for the temporary sales trailer until such time that the trailer is moved onto //»,* residential portion of the property. Internal circulation for the Property shall be via private driveways, sidewalks and parking areas within the defined common areas. Building Design and Construction. All residential buildings on the Property shall be constructed according to final plans which shall first be certified by the Planning Director as being in conformity with the approved plans attached as Exhibit G to ensure compliance with the architectural standards of the RPUD District. Final decisions by the Developer regarding colors, types and qualities of building materials shall be subject to City staff Page 3 of 20 Developer Initial, City Clerk Initial. '1 I 7. approval to conflrm their conformity with the approved sample colors, types and qualities documented by reference in Exhibit G: Construction of all buildings shall be in conformance with the building codes and regulations adopted by the City of Orono. Any substantial changes to the gross square footage, footprint/wall/roof dimensions or defined building heights shall require a prior amendment to this Agreement. “Substantial changes" shall include (1) an increase in gross square footage or footprint/wall/roof dimensions of any unit so as to require a replatting to keep the unit within its ownership Lot; (2) any increase in building height for rambler townhome units or two-story townhome units that would result in the need for a variance to the standard 30' height limit; or (3) a one foot or greater increase in height of the loA building above the 38' defined height approved per Resolution No. 4915. The separation distances between townhome buildings shall be a minimum of 15' except where speciflcally shown as less than 15' on the approved General Development Plan. Within each Phase of development, if any changes to plans result in building separations less than 15', such plans shall be subject to prior review and approval by the City Council. Landscaping. The approved landscaping plan attached to this Agreement as Exhibit E shall be strictly adhered to, with the following conditions: a) The berm along the Public Works site east boundary may be extended as shown on Sheet C2.3 to assist in establishing a buffer to the Lofts; however, any buffer walls, plantings or other improvements shall be located on the Lofts site as shown in the approved General Development Plan. The Developer shall take extraordinary efforts to minimize impacts on existing vegetation and enhance screening and buffering in the area northwest of the Lofts west building. b) Final landscaping plans shall be subject to the recommendations of Wallace Case as enumerated in his letter dated 11/6/02 as revised or amended per the Memorandum by Tom Kirby dated January 17, 2003. The Homeowners Association(s) shall be responsible for permanent maintenance of landscaping per the Landscaping provisions of the RPUD District. c) Prior to commencement of each Phase of development. Developer shall provide Landscaping Performance Security for the landscaping associated with that Phase in the form of a Letter of Credit in an amount equal to one and one-half times the value of such landscaping improvements as determined by the City. The letter of credit shall provide for reimbursement to the City of all expenses incurred by the City Page 4 of 20 Developer Initial, City Clerk Initial, 8. 9. 10. for engineering, legal, contracting or other fees in connection with making or completing such improvements should the Developer fail to complete them. In the event that construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the Developer and the surety. The Letter of Credit shall be provided prior to the issuance of any residential building permits and shall be valid for a period of time equal to two (2) full growing seasons aAcr the date of installation of the landscaping. The City may allow an extended period of tinic for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. Lighting. Site lighting shall adhere to the approved lighting plan attached to this agreement as Exhibit H. Street lighting eion? Kelley Parkway adjacent to the property shall be provided by the Developer and shail be of a style, number, height and location approved by the City Council. Public street lighting along Kelley Parkway shall be installed and maintained by the utility company through a standard agreement between the City and the appropriate public utility company. Interior private street lighting shall be at a low level consistent with the surrounding rural residential character while providing the necessary level of security. Such lighting shall be of a style, number, height and location approved by the City Council. Interior street lighting shall be maintained by the homeowners association. Signage. Signage on the site shall be limited to the required traffic control signage, building designation signs, and the approved monument signs as showr. on the approved Signage Plan attached hereto as Exhibit I. Parking and traffic control signage shall be installed subject to City staff and City Engineer approv.'tl. Additional Conditions of Approval are documented in the Special Conditions Memo attached to this Agreement as Exhibit K. B. Development Phasing 1.STONEBAY is intended to be developed in a number of sequential Phases over a period of 3-4 years. The various Phases have been designated as Phase One and Future Phases A through D, per the Phasing Plan attached hereto as Exhibit L. The sequential order of Developer Initial. PqgeSof20 City Clerk Initial i 2. 3. 4. development of the various Future Phases has not been absolutely established, but relies to some extent on marku conditions and demand. Therefore, this Agreement will pertain primarily to the Phase One improvements, and shall be amended as necessary prior to commencement of improvements for each Future Phase. The Phase One improvements include the construction of Kelley Paricway and associated curb and gutter, sidewalks, lighting, signage and landscaping; construction of municipal sewer and water mains and facilities within the right-of-way of Keliey Parkway; construction of stormwater piping and facilities including the regional pond south of Kelley Parkway; and construction of private roads and driveways as well as private and public sewer and water lines and facilities within the area designated as Phase One as shown on Exhibit L; and general site grading for Phase 1 and future Phases. Phase One of the development includes the construction of 28 two-slory townhome units and 26 rambler townhome units. Commencement of Phase One improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees (Park Dedication Fee, Storm Water and Drainage Trunk Fee, and Sewer and Water Connection Charges) for Phase One. Commencement of Future Phase improvements shall not occur until Developer has made payment to the City of the prorated portion of the Development Fees associated with said Future Phase. The Development Fees for each Phase shall be based on the proportional acreage or number of units within each Phase depending on the method of calculation of each fee, relative to the total project. The schedule of Development Fees is attached hereto as Exhibit Nothing in this Agreement is intended to prohibit the commencement of Future Phases prior to completion of earlier Phases, nor to establish a specific sequence for the various Phases. Completion of Phase 1 improvements shall be required before conunencement of any Future Phase, except that Phase 2 grading and utilities may be commenced prior to completion of Phase 1 improvements. C. Covenants The Developer shall establish covenants governing the development and containing as a minimum the following elements: 1 . Creation of Homeowners Association(s). 2. Establishing rights & responsibilities of HA(s) and/or others. 3. Granting of the various required easements as noted within this and other approval documents. Page 6 of 20 Developer Initial. City Clerk Initial 4. 5 6. 7. Addressing property maintenance responsibilities, including maintenance of ihe common areas, private roads and other facilities, and the stormwater pond. Establishing use restrictions. Establishing architectural and landscaping standards, including maintenance thereof Establishing specific covenants additionally address the following: a. The City’s Public Works operation may be a 24-hour operation dependent on weather and other emergency situations. Covenants shall include a provision requiring disclosure to Lofts unit buyers regarding the Lofts buildings proximity to Public Works to help limit the expected complaints about City activity and noise from the Public Works site. Further, a disclosure regarding the proximity to potential Public Works operations of the most northwesterly units of the rambler townhomes shall be required of the buyers of said units to help limit the expected complaints about City activity and noise from such operations. b. Language should be incorporated that documents police department accessibility (right-of-entry) and rights to enforce parking or other laws or ordinances on private roads or common areas. Incorporate into the language an acceptable defmition of “Drainage and Utilities Easement” as used on the plat drawings. c. D. Instaliation and Maintenance of Improvements (Need to re-draft this section to make a distinction between public and private improvements, and to speciftcally deftne Phase i improvements) 1.Improvements: In accordance with the policies and ordinances of the City of Orono, the following described public or private improvements (hereinafter collectively called the “Improvements") shall be consl:ucted, installed and maintained by the Developer according to the terms and conditions contained in this PUD Agreement: Site grading, streets, driveways, concrete curb and gutter, parking lots, sidewalks, retaining walls if required and all necessary erosion control measures per the Grading, Drainage & Erosion Control Plan attached hereto as Exhibit B (hereinafter called "site grading improvements"); Construction of sanitary sewer and water systems (hereinafter called “sewer and water improvements ”) and construction of storm sewer lines and facilities (hereinafter called “stormwater improvements ”' per the approved plans attached hereto a.s Exhibits C and D. Page 7 of 20 Developer Initial, City Clerk Initial, 1 \ i 3. 4. 5. Underground natural gas, electric, cable and telephone service to be arranged by the Developer with the utility companies involved (hereinafter called the "other utility improvements"); (d) Landscaping and site revegetation improvements per the approved Landscaping Plan attached hereto as Exhibit F (hereinafter called “landscaping improvements"). Traffic control signage subject to approval by the City Engineer and Public Services Director. Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit J. Construction Plans : Detailed plans and specifications prepared by a Registered Professional Engineer for the complete installation of the Improvements shall be submitted by the Developer and are subject to the written approval of the City Engineer and Public Services Director prior to issuance ofapplicable City permits. Said plans and specifications are hereby made a part of this contract shalibe prepared in conformance with all current City standards for such woric and in conformance with the terms of this PUD Agreement. It is agreed that all labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications prepared by Landform Engineering Company dated March 31, 2003 and revisions as approved by the City Engineer and on file with the City. No deviations from the iqjproved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by this contract. The Developer shall select, retain and supervise the contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. All contractors shall be fully licensed when required by law. It is further agreed that the Developer, through his Engineer, shall provide all staking, surveying, testing and resident inspection for the above described improvements in order to insure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be notified in advance of all tests to be performed. It is agreed that the estimated cost of such improvements, as determined by the City, including charges of the City for legal, planning, engineering services, including Page 8 of 20 Developer Initial. City Clerk Initial i fj f . 6. 7. inspections, supervision and administration costs, shall be included in the total costs of all improvements for purposes of computing the amount of the letter of credit to be furnished to the City by the Developer pursuant to the terms of this Agreement. Escrow. Developer shall establish and maintain an escrow account with the City of no less than $20,000 minimum balance to cover the ongoing incurred expenses of the City. The escrow account can be used by the City to correct erosion problems or inadequate erosion control measures if these measures are not corrected in a timely manner by the Developer upon notice to correct. Such escrow account shall be maintained until such time that att vefctatiou has been established per the approved plans. In case any material or labor supplied by the Developer shall be rejected by the City Engineer or his designated representative as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and .he rejected labor shall be done anew to the specifications and approval of the City Engineer and at the sole cost and expense of the Developer. 8. Construction of Improvements: a) Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. The Developer agrees that he will begin construction of Phase 1 Improvements no later than 30 davs after execution of this Agreement and fviH have all Phase I improvements except final landscapinf fuliv completed to the satisfaction and approval of the City of Orono on or before September 1.2004. Final tandscapinf shall be completed within 30 davs of issuance ofa certificate ofoccupancy for the last dwelling unit unless delayed due to weather, in such case the landscaping shall be completed bv June 15th of the following year. Pre-Construction Conference - Prior to the start of any construction, the Developer and the Developer's Contractor shall meet with the responsible City officials to review construction plans and schedules. Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following: Site Grading Permit; Utility Construction Permit; Sewer and Water Connection Permits. Page 9 of 20 Developer Initial, City Clerk Initial, i A g) i) j) Insurance - The Developer will cause each person who constructs ai d installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. Developer shall furnish proof of insurance covering any public Contractor’s equipment, laborers and hazard caused by the Improvements. It is additionally agreed that the developer shall submit a written schedule indicating the progress schedule and order of completion of the work covered by this contract It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City Council at its discretion may extend the date hereinbefore specified for completion and that the Letter of Credit shall be extended by the Developer to cover the work during this extension of time. It is specifically understood and agreed that all work covered by contract shall be done at no expense to the City of Orono except as may be provided in the Special Conditions attached hereto and made apart hereof. Copies of all bids, change orders, suppliers, subcontractors, etc. shall be forwarded to the City Engin *er for his files. The Developer shall not do any woric or furnish any materials not covered by the plans and specifications and Special Conditions of this contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. Upon completion of all work required by the City Engineer or his designated representative, a representative of the contractor, and a representative of the Developer’s Engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer’s Engineer shall submit a written statement attesting to same. Developer Initial, Page 10 of 20 City Cleric Initial, 9. K)Upon completion of the work, the developer shall have his Engineer provide the City with a full set of as-built mylar reproducible plans for City records, as well as an electronic copy of said plans. These plan: ^hall include the locations and ties to all sanitary sewer and watermain services as well as gate valve boxes and manholes. “As-Builts” shall be provided for for each ponding area and shall include two (2) fc. ♦ contours mapping of the ponding area to a minimum of four (4) feet above the designated high * '.ter level. “As-Builts" shall include inlet and outlet invert elevations of all immediately downstream existing off-site stormwater facilities which could affect stonnwater levels on the Property. It is specifically understood that final acceptance of the Improvements to be publicly owned, including Kelley Parkway and its associated appurtenances, sanitary sewer and water systems and stormwater systems, and other off-site road improvements, shall take the form of a Resolution duly passed by the Orono City Council, on the advice of the City Engineer. Performance Deposit : For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will' .y or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his General Contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit in a form satisfactory to the C ity providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 8 above. The amount of such deposit shall be 150% of the estimated improvement costs, as determined by the City, per the schedule to be attached to this document as Exhibit M. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than six months after the completion date specified in Section 8 above. At no time during any Phase will the financial guarantee be reduced to less than $ 100,000. This amount shall not be released until all improvements and obligation covered by the financial guarantee have been completed, including delivery of record plan sets to the City. 11. The Developer shall be required to furnish the City a maintenance surety in a form acceptable to the City, guaranteeing the Improvements to the City as follows: a)The Developer shall guarantee all work relating to utilities, appurtenances, material and equipment furnished by him for a penod of two (2) years from the date of written acceptance of the work or project. The Developer shall provide to the City a Warranty Bond for the value of the completed improvements, as determined by the City, for the guarantee time period. Developer Initial _____ Page 11 of 20 City Clerk Initial. i J 12. 13. The Developer shall guarantee all woric relating to street construction including concrete curb and gutter, materials and equipment furnished by him for a period of two (2) years from the date of written acceptance of the work or project. The Developer shall provide to the City c Warranty Bond for the value, as determined by the City, of the completed improvements for the girarantee time period. To ensure the integrity of the wear course, the wear course on all roadways within the various Phases shall not be constructed until development within each associated Phase is 80% complete. Fees and Expenses: The Developer agrees to pay all City fees required perthe current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals, which are not covered by City application fees. Maintenance. The Developer shall be responsible for maintenance of all privately owned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the approved Plans for those Improvements. Developer shall be responsible for maintenance of all sewer and water lines that are defined as “connections ” as indicated on the approved Utility Plan. Sanitary sewer connections are defined to extend from the building to the City-owned sewer line. Water connections are defined to extend from from the building to the water service curb stop. Developer shall be responsible for ensuring that the appearance and design of the building are maintained per the approved building and construction plan, and shall be responsible for ensuring that the site amenities and features as shown on the approved site plan are maintained per said plan. E. Developer Representations and Covenanls. The Developer hereby makes the following representations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. (b) The Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvenlents. Page 12 of 20 Developer Initial City Cleric Initial ■K ....ifaA i I , I i- - ) i ---- The Developer will, subject to the requirements of Section D - Installation and Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreement and alt local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, parking facilities which are necessary in connection with the construction and such improvements. At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authority. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations which must be obtained or met before the Improvements may be constructed. (0 It is intended and agreed that the covenants provided in this Section shall be covenants miming with the land not the owner or developer. F. City Representations and Covenants. The City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and application of the Developer and will cooperate with the effort of the Developer to secure the granting of any permit, license, or other approval required to constmet and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be constmed to limit in any way the reasonable and legitimate exercise of the City’s discretion in considering any submittal or application. (c) The Property is zoned for purposes which include the Development as proposed. Page 13 of 20 Developer Initial, City Clerk Initial, G. Administration. 2. 3. 4. 5. Compliance. At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and provisions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the puqjose of facilitating sale, mortgage, insurance or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such ceitificate. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the »bove. Notice to City Notice to Developer City of Orono C lerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Parties may substitute notice provisions upon notice to other parties. Incorporation bv Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. Disclaimer bv Citv: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer ’s contractors, subcontractors, material men, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes Developer Initial _____ Page 14 of 20 City Clerk Initial mil riTiiiiiirtiirt 6. 7. 8. 9. of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, demands, damages, losses, actions or causes of actions or the costs, disbursement and expenses of defending same, speciflcally including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services, consulting landscape planner services and costs of legal services rendered in connection with defending such claims as may be brought against the City. It is further agreed that the Developer shall hold the City and its officers, employees and agents harmless from claims made by the Developer and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees and agents for all costs, damages, or expenses which the City may pay or incur, including attorneys’ fees, in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certi ficates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek inj unctive/mandatory relief through the courts, together with other elief as the law may provide. Right of Entry. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 11. Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Developer, this Planned Unit Development Agreement shall control. Page IS of 20 Developer Initial, City Clerk Initial »! •4 I J ir -liw^iiii STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of 200_by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporatior 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 .200 by Linda S. Vee, City Clerk of the City of Oronc, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 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/aBlrmation of. a credible witness and who executed the foregoing instruirent, and acknowledged that he/she/they execute] the same as his/her/their free act and deed. Notary Public Page 17 of 20 Developer Initial, City Clerk Initial, LIST OF EXHIBITS Exhibit A......Title and Site Plans (All sheets dated 3-31*03) Sheet CO.l - Title Sheet Sheet CI.l - Existing Conditions Plan Sheet C2.1 - Site Plan Sheet C2.2 - Design Guideline Plan Sheet C2.3 - Design Guideline Plan Exhibit B......Grading and Erosion Control Plans (All sheets dated 3-31-03) Sheet C3.1 - Master Mass Grading Plan Sheet C3.2 - Enlarged Pond Grading Plan / Grading Details Sheet C3.3 - Enlarged Stonebay Drive / Cascade Lane Grading Plan Sheet C3.4 - Enlarged Bridgewater Drive / Boulder Drive Grading Plan Sheet C3.5 - Enlarged Sandstone Lane / Sandstone Circle Grading Plan Sheet C3.6 - Enlarged Cascade Circle Grading Plan Sheet C3.7 - Enlarged Cobblestone Court / Commercial Outlot Grading Plan Sheet C3.8 - Grading Details Exhibit C......Sanitary Sewer / Water Plans & Profiles (All sheets dated 3-31 -03) Sheet C4.1 - Master Utility Plan Sheet C4.2 - Kelley Parkway Sheet C4,3 - Kelley Parkway Sheet C4.4 - Stonebay Drive / Bouiuer Drive Sheet C4.5 - Bridgewater Drive Sheet C4.6 - Cascade Lane Sheet C4.7 - Sandstone Lane Sheet C4.8 - Sandstone Circle Sheet C4.9 - Cobblestone Court Sheet C4.10 - Utility Service Plan Exhibit D.... Streets and Storm Sewer Plans & Profiles (All sheets dated 3-31 -03) Sheet C4.11 - Kelley Parkway 0+00 -13+00 Sheet C4.12 - Kelley Parkway 12+00 - 20+05 Sheet C4.13 - Stonebay Drive / Boulder Drive Sheet C4.14 - Stonebay Drive Sheet C4.15 - Bridgewater Drive Sheet C4.I6 - Cascade Lane Sheet C4.17 - Sandstone Lane Sheet C4.18 - Sandstone Circle Page 18 of 20 Developer Initial. City Cleric Initial Sheet C4.19 - Regional Pond Storm Sev/er Sheet C4.20 - Willow Drive Improvements Sheet C4.21 - Willow Drive Improvements Exhibits.... Construction Details (All sheets dated 3-31-03) Sheet C7.1 - Construction Details Sheet C7.2 - Construction Details Sheet C7.3 - Construction Details Exhibit F..... Landscaping Plans (All sheets dated 3-31-03) Sheet L2.1 - Overall Landscape Plan Sheet L2.2 - Seed Mixture and Erosion Control Plan Sheet L3.1 - Master Final Grading Plan Sheet L3.2 - Pond Final Grading Plan and Details Sheet L3.3 - Stonebay / Cascade Lane Final Grading Plan Sheet L3.4 - Bridgewater Drive / Boulder Drive Final Grading Plan Sheet L3.S - Sandstone Lane / Sandstone Circle Final Grading Plan Sheet L3.6 - Cascade Circle Final Grading Plan Sheet L3.7 - Cobblestone Court / Commercial Outlot Final Grading Plan Sheet L6.1 - Kelley Parkway (West) Enlarged Plan Sheet L6.2 - Kelley Parkway (East) Enlarged Plan Sheet L6.3 - Stonebay Lane Enlarged Plan Sheet L6.4 - Roundabout Landscape Enlarged Plan Sheet L6.S - Open Space Enlarged Plan Sheet L6.6 - Bridgewater Drive Enlarged Plan Sheet L6.7 - Boulder Drive Enlarged Plan Sheet L6.8 - Sandstone Lane / Sandstone Circle Enlarged Plan Sheet L6.9 - Cobblestone Court Enlarged Plan (Omitted - Future Phase) Sheet L6.10 - Willow Drive Enlarged Plan Sheet L7.1 - Landscape Sections Sheet L7.2 - Landscape Sections Sheet L7.3 - Landscape Details i. t : > Exhibit G..... Preliminary Building Plans & Elevations I. Rarabler Townhnme Drawings: Sheet Al.l - Typical Plan & Elevation Sheet A1.2 - Typical Roof Plan & Elevation Sheet Al.3 - Typical Elevations Page 19 of 20 Developer Initial, City Clerk Initial, t II. Two-Story Townhomc Drawfngi: Sheet A2.1 - Floor Plans and Roof Plan Sheet A2.2 • Elevations III. Lofts Drawtogt: Sheet A3.1 - Roof Plan and Floor Plan Sheet A3.2 - Elevations Exhibit H.... Lighting Plans Sheet C2.1 dated 3-31-03 Exhibit I.... Signage Plan Sheet L7.1 dated 3-31-03 Exhibit J.... Site Improvements Cost Estimate Exhibit K..... Special Conditions Memo Exhibit L.... Phasing Plan Exhibit M.... Schedule of Development Fees Exhibit N... City Engineer Comments Dated 4-25-03 V Page 20 of 20 Developer Initial, City Clerk Initial ■ : tI r I • .1 i First Dran 5^3 Revised Draft 5-9-03 5 OZ a) g) PUD NO. 4 AGREEMENT EXHIBIT K SPECIAL CONDITIONS I. Transportation Kelley Parkway shall be platted and constructed by the Developer as a two-lane public roadway with appropriate turn lanes per the design and specifications as shown on the approved design. Sheets C4.11 and C4.12. Appropriate traffic control and parking signage on Kelle^ Parkway shall be installed by the developer subject to the City Engineer^ review and approval. Developer shall also be responsible for construction of public road improvements to Willow Drive as shown on Sheets C4.20 and C4.21. The City Engineer shall inspect all road construction at the appropriate stages to ensure specifications are met. The Developer shall provide a 24-month warranty on all street construction including utilities, sidewalks, landscaping and lighting. On-street parking will be allowed on the north side of Kelley Parkway only, within the 8' parallel parking ‘bump-outs’ as indicated on the approved Plans. The final road design shall ensure ease of maintenance for snow removal. The interior street system and sidewalks within the common areas of the residential portion of the development shall be privately owned and maintained, with the exception of the Public Trail located along Willow Drive. The appropriate City standard private street and utility easements shall be required over all streets and utilities within the common areas. Maintenance of the private streets and sidewalks will be the responsibility of the Developer or an incorporated homeowners association. The interior road system shall be constructed per the speci fications as shown on the approved plans. Sheets C4.13 through C4.19. Appropriate traffic control signage for all interior streets shall be installed by the developer subject to approval of the City Engineer. There shall be no parking on interior streets except at designated parking areas. The emergency-use-only connection between the Sandstone Lane cul-de-sac loop and Kelley Parkway shall be constructed, maintained and signed to ensure emergency vehicle access is maintained in all seasons while physically prohibiting general traffic use. Final design shall be subject to approval by the City Engineer. An 8* wide bituminous surfaced public pedestrian^icycle trail shall be constructed by the Developer within Oatlots B, C, H and Lot 46, Block 1 in a curvilinear fashion as depicted on Sheet C2.1. This trail system shall be constructed in conjunction with Phase I of the development. An 8' wide bituminous surfaced public pedestrian/bicycle trail shall be constructed by the Developer within Outlot A along Willow Drive in conjunction with Phase I of the development to ensure that the area designated for trail use is not commercially developed. Page 1 of4 'fi tana. i) j) 2. An 8* wide bituminous surfaced public pedestrian/bicycle trail shall be constructed by the Developer or his successors in ownership within Outlets A and D along Highway 12, connecting to the trails constructed in Phase I. The construction of the portions of said public trail adjacent to Highway 12 within Outlets A and D may be deferred until a determination is made whether the Highway 12 boulevard area will be converted from a rural section to an urban section and/or until Outlets A or D are developed for commercial uses. The trails along Highway 12 may be located within the Highway 12 right-of-way if a 20' separation is maintained from the traveled roadway of Highway 12, and if MnDOT approval is obtained. Portions of the trail may be located within the ri^t of way of Kelley Parkway north of the stormwater pond. The trail shall provide a continuous connection along Highway 12 from the east boundary of the property to the west boundary; connection across the stormwater pond area may be along Highway 12 or may jog up to and back down from Kelley Parkway along the stormwater pond perimeter. The City shall be responsible for maintenance of the public trails upon their completion and acceptance. Public easements including a suitable shoulder width shall be granted over all the public trails not located in dedicated right-of-way. Sidewalks along both sides of Kelley Parieway shall be provided by the developer as depicted on the approved plan sheets, including 5' concrete sidewalks separated from back of curb by 8* to accommodate deciduous trees and landscaping in boulevard. All trails and sidewalks, whether public or private, shall be installed concurrently with tb< residential development phases and prior to occupancy of residential units. Maintenance of the sidewalks within the right-of-way of Kelley Parkway shall be the responsibility of the Developer or the homeowners association or commercial maintenance association. Utilities and' tormwater Mans ’.emeni Developer shall construct municipt.' sewer and water lines as shown on Sheets C4.1 through C4.10, subject to final design deta.’ approval by the City Engineer. The Developer shall provide a -h2 24-month warranty on all utility construction. The City will own and maintain the sanitary sewer and water mains within the development. The City will inspect these systems dunng their construction to ensure proper installation. Developer shall grant Drainage and Utility Easements to the City of Orono over all municipal sewer and water lines and facilities, including the rights of way necessary to maintain same. Applicants’ architect shall submit final development plans to the Metropolitan Council Environmental Services to determine the exact number of SAC units to be charged at the time of the issuance of building permits. Page 2 of 4 a) 4. a) Developer shall construct stormwater management facilities as shown on the approved plans. Sheets C4.11 through C4.21. The stormwater drainage system outside of public rifhts-of- wav will be owned and maintained by the homeowners association. Developer shall construct a regional stormwater pond within Outlots B and C and within the MnDOT right-of-way per the designs and specifications as shown on Sheet C3.2, subject to Developer obtaining the appropriate permits for such use from MnDOT. T be regional pond is intended to accommodate stormwater runoff from the development as well as for the entire upstream watershed. The regional st irmwater pond shall be maintained by the Developer during all phases of development, after which the Stonebay Community Association shall be responsible for maintenance. In the event that MrrDOT approvals require that the City be responsible for maintenance of the regional stormwater pond, the aforesaid Association shall accept the financial obligation for such maintenance. Developer shall provide record plan sets for all utility construction in a timely manner as required by the PUD No. 4 Agreement. 3. Welland Impacts Orono ’s 26' wetland setback requirement (Zoning Code Section lO.SS, Subd. 8) which disallows filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, wells or other construction, is in effect on the site. Final grading and site plans. Sheets C3.1 through C3.8, indicate those locations where grading or filling within the 26' .setback is necessary to accomplish the P1l.i. A variance to Section 10.55, Subd.8 has been granted to allow the minimal filling within the 26' wetland setbacks where buildings abut the 26' setback line as shown on the approved plan sheets. A wetland setback variance has been granted for encroachment ofbuildings, retaining walls, roadways, trails and hardcover within the 26' wetland setback as depicted on Sheets C3.1 through C3.8. The City specifically acknowledges that 1.05 acres of City protected wetland are to be filled or otherwise impacted as part of the project. The Developer shall comply with all specified requirements of the MCWD in regards to mitigation and protection of wetlands on the site. Grading, Erosion Control Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas". The Developer shall comply with all conditions enumerated in the Erosion Control memo bv Boncstroo & Associates dated October 3,2002. All erosion control measures as required by the City and the MCWD shall be in place, inspected and approved by the City Engineer prior to commencing excavation on the site. Page 3 of 4 d) All such erosion control measures shall be maintained in working order prior to, during and after the project until released by the City Engineer, subject to weekly inspection or as necessary until the site is revegetated. e) Due to the Phasing of the project and the resultant lengthy period of time the site will be under construction, the Developer shall as a condition of the PUD No. 4 Agreement provide an escrow (amount to be determined) to cover the inspection costs of ongoing erosion control inspections. 0 The Developer shall obtain all necessary permits (including but not limited to NPDES, MCWD and MnDOT permits) from the appropriate agencies for erosion control prior to commencing excavation on the site. g) In the event that the Developer’s NPDES permit requires a Best Management Practices Plan, such plan shall be submitted to the City prior to commencing excavation on the site. h) The construction limits shall be clearly marked 'vith adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Prior to commencing excavation on the site. Developer shall identify trees to be preserved, shall mark them on a site plan, and shall take extrac'‘dinary measures such as fencing, signage, etc. to ensure they are not disturbed. 5. Other General Conditions a) Monument signs as depicted in Sheets L7.I and others may be provided by the developer at each entrance to the RPUD development site. The signage shall be limited to a development name and/or logo and street address on the monument signs. Anv changes to the final design/materials of monumclit signage from those shown on the appr>ved plans shall be subject to approval by the City Council. b) Any design, material or specification revisions from the approved plans inveiving streets, utilities, storm sewer facilities, grading or the regional pond shall be subject to approval by the City Engineer prior to implementation of such changes. c) Any design, material or specification revisions from the approved plans involving dwelling unit design guidelines, architectural styles, building location, site landscaping, and other approved/required site amenities, shall be subject to approval by the Platming Director and may be subject to review and approval by the City Council at the discretion of the Planning Director. d) Prior to release of the final plat. City Attorney shall review and approve the covenants and documents describing the creation, structure, rights, obligations and responsibilities of the various homeowners associations serving the development. The covenants shall include conditions of this resolution that have not been met as of the release of the plat, provide common access easements for each lot that receives access from a shared private street or driveway, and shall provide for maintenance of all common areas. Page 4 of 4 B Revbed Draft 4-2S-03 ORDINANCE NO. , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO AND AMENDING THE OFFICIAL ZONING MAP BY REZONING CERTAIN PROPERTY WITHIN OUTLOT B, WILLOW PROPERTIES ADDITION, HENNEPIN COUNTY, MINNESOTA FROM RR-IB SINGLE FAMILY RURAL RESIDENTIAL DISTRICT TO PUD/RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT OR TO PUD/RR-IB RURAL RESIDENTIAL ZONING DISTRICT AND ADDING SECTION 10.53 SUBDIVISION 11 REGARDING PLANNED UNIT DEVELOPMENT NO. 4 - FII.E /^02-2789/02-2840 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has conceptually approved the replatting of Outlot B, Willow Properties Addition, Hennepin Countv', Minnesota into Lots, Blocks and Outlets within the proposed plat of STONEBAY, Hennepin County, Minnesota; including the dedication of public road and utility rights-of-way for Kelley Parkway, Willow Drive and U,S. Trunk Highway 12; and WHERE AS, the City Council has approved the rezoning of proposed Lots 1 thru 46, Block 1; Lots 1-10, Block 2; and Outlets A, B, C, D, E, F, G, H, 1, J and K, STONEB a Y, per the findings, terms and conditions of Resolution No. 4915 adopted January 27, 2003, subject to execution of PUD No. 4 Agreement between Dahlstrom Development LLC and the City of Orono, and subject to completion of the platting of said STONEBAY. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORONO lES HEREBY ORDAIN: Section 1. The Municipal Code of Orono is amended by amending the official zoning map and zoning district boundaries for the property described as follows: Lots 1-46 inclusive. Block 1; Lots 1-10 inclusive. Block 2; and Outlots E, F, G, H, 1, J and K, STONEBAY, Hennepin County, Minnesota. Said property is hereby rezoned from RR-1B Single Family Rural Residential District to PUD/RPUD Planned Unit Development District with RPUD (Resident>al Planned Unit Development District) as the underlying district. Page 1 of 3 i Section 2. The Municipal Code of Orono is amended by amending the ofilcial zoning map and zoning district boundaries for the property described as follows; Outlots Ay B, C and D; STONEBAY, Hennepin County, Minnesota. Said property is hereby rezoned from RR-1B Single Family Rural Residential District to PUD/RR- IB Planned Unit Development District with RR-IB (Rural Residential Zoning District) as the undrlying district. Section 3. The Municipal Code of Orono is amended by adding Section 10.53, Subd. 11 to read as follows: “Subd. 9. PLANNED UNIT DEN'ELOPMENT NO. 4 - DAHLSTROM DEVELOPMENT CORPORATION PUD: A. B. Legal Description. PUD NO. 4 is legally described as Lots 1 through 46, inclusive. Block 1; Lots 1 through 10 inclusive. Block 2; and Outlots A, B, C, D, E, F, G, H, I, J and K, STONEBAY, Hennepin County, Minnesota. Incorporated herein by reference are the DAHLSTROM DEVELOPMENT LLC PUD plans attached as exhibits to the PUD NO. 4 Agreement on file in the Office of the Planning Director under File #02-2789/02-2840. D. Allowable Uses. The uses allowed in the PUD are as follows: Outlots A and D, STONEBAY are platted as Outlots for future development in accordance with the uses guided within the 2000-2020 Orono Community Management Plan (CMF), and may not be used until such time that they have been rezoned via the Planned Unit Development process and platted into buildable Lots. Outlots B and C, STONEBAY, are platted as Outlots for stormwater management and utility purposes, and trail purposes only. Lots 1-46 inclusive. Block 1; Lots 1-10 inclusive; and Outlots E, F, G, H, I, J and K, STONEBAY are platted to be used for multi-family dwelling purposes subject to the provisions and standards of the RPUD Residential Planned Unit Development District and as further limited within City Council Resolution No. 4915 and the PUD NO. 4 Agreement on file in the Office of the Planning Director under File #02-2789/02-2840. Outlots E, F, G and H shall not be developed for the approved uses until completion of final platting into Lots and BIoc^. Page 2 of3 uuiuianEizs&i..J E.Development Standards. Development standards shall be as indicated on the appiov^ PUD General Development Plan as documented within City Council Resolution No. 4915 and the PUD NO. 4 Agreement on file in the Office of the Planning Director under File #02-2789/02-2840.” Section 3. This ordinance shall become effective upon execution by the City of Orono and Dahlstrom Development LLC of the aforesaid PUD NO. 4 Agreement, and upon City iq[>proval and filing of the final plat of Phase I of STONEBAY with Hennepin County. Section 4. This ordinance shall be published in The Laker and The Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of May, 2003 by a vole of___ayes and____nays. ATTEST:Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page 3 of 3 { ^ J Bonestroo Rosene Anderlik& iVf Associates Engineers & Architects e■ontslroo, Andtrllli and Aatoclatea. Inc. It tn Afrirmttfvt ActJofVCquat Opportunity Cmployor and Employta Owned Pfincipala: O«o 0. Bonattroo. P.C. • Marvin L Sorvala. P.B. • CMarm a CooIl P.C • Pobait Q _ ~ Schunichi. P.E. • Jarry A. Bourdon. P.E. -O S BtidorCoAfimamt: PdMW.Rofant.PX«JoMpha AndarlIt,P.C.«RichaalE. Twnor P.E. • Susan M. Eborin. C.PX Aasoclata Prinolpala: Kalth A. Gordon. P.E. • Robort a PfoffMo. P.E. • Rieliord W. Footor P.E. • David O. Utkola. P.E. • Marti a Hanson. P.E. • Michaal T. Raubnann. P.E. • Tod a Fiald. P.E. • Kannalh P. Andarson. P.E • Mark a Rolfs. P.& • Ot¥ld A. Borwtboo M.B A • Sidnay P. WiHamaon. P.E.. L S. • Agnas M. Ring. MBA • APan Rich ScMidl. P.£ • Thomas ^ Maland. P.E. • Milas B. Jansan. P.t • L PtdSp QcmI Ml. P.E, • Oanlal J. EdQtrto^ P.E. • Ismaal Mardnaa. P.E. • Thomas K Syfko. P.E • Shaldon J. Johnson • Oala K Orova. P.E • Thomas A. Roushar. P.E. • Robart J. Oavary. P.E Offleaa: 8L Pa A St Cloud. Rochastar and Willmar, MN • MilwaiAaa. Wl • Chicago, it Wabslla: wwwAonasboo.oom MEMORANDUM TOs FROM: DATE: Mike Oaffron Sheldon J. Johnson August 8,2002 DOPtf TO: Dahlstrom Development Site Plan Traffic Review & Kelley Parkway Design Concept PROfEGT#: 139-02-000 Pursuant to your request, an analysis of the Dahlstrom Develppment Residential Site Plan (dated June 24, 2002) has been reviewed with regard to traffic operations issues. The second part of this memorandum will provide a discussion of various design issues as it relates to Kelley Parkway. Pahlstarom Site PMati Review The site plan review that has been conducted makes various conunents that are noted on the copy of the site plan that I received from you. This marked up plan was given to you at our meeting of August 8. General comments are noted below: • The main access design should be revised to consist of a normalized standard intersection. This will vastly improve in/out traffic operations. • The main entrance/exit road leading to/from KeUey Parkway should consist of 16-foot roadways (measured face-to-face of curb). Th^jjfcot width will not function well for fire vehicles, moving vans, and during the winter months this rMdway could well be narrower due to ice and snow buildup along the curb lines. Ar/fWoot width does not allow for passing of a stalled vehicle. • The roundabout design may not be of sufficient roadway width to accommodate fire vehicles, school buses, garbage vehicles, and moving vans. Developers need to produce turning vehicle evidence to support the concept design. It docs need to be noted that the roundabout concept is applauded as a way to efficiently accommodate traffic operations. 2335 West Highway 36 • St Paul, MN 55113 • 651’636^600 • Fax: 651-636-1311 1 • Pedestrian access should not be allowed to/from the center of the nnindabout. Pedestrian crossing of the roundabout roadway, in areas where vehicles are circling is hazardous and increases the pedestrian/vchicie accident potential. __ * • The general internal roadway network of 20-fcct is a “bit” too narrow to safely accommodate two-way traffic. Winter operation may be tenuous. Fire vehicle operation should be discussed with the fire chief. Suggest a width of 24-feet for better traffic operations. ■ Except for parking “cutouts”, parking should not be allowed on any internal street. • Need for parking on Kelley Parkway adjacent to the site is quesUoned. The roadway would be safer if parking is not allowed. •* A small parking area is needed somewhere along West Lane leading to the cul-de-sac (Northwest part of site). ■ The roadway on the south side of the 34-unit loft must be a one-way westbound roadway. ■ Vehicle turning radii, particularly for expected truck types, needs to be checked by the developer to ensure that movements can be accommodated. ■ The driveway on the south end of the 30-unit loft should be 28-feet wide from face-of- curb to face-of-curb. Suggested access to the potential commercial areas on the SW and SE comers of the site is noted on the site plan. Full movement access can be allowed along Kelley Paricway and right in/right out access can be allowed along Highway 12 for the SE parcel and full movement access, with Highway 12 improvements can be allowed tor the SW parcel at the location shown on the marked up site plan. A right in/right out access can be allowed along Willow for the SE parcel. • An exclusive left turn lane should be constructed along Kelley Parkway at the intersection with Willow Drive. The left turn storage length should be 200 feet • The access location and number of access drives shown on the plan arc acceptable. Traffic generated by the proposed development is estimated to be as follows: Land Use No. of Units AM Peak Hour In Out PM Peak Hour In Out Daily (2-way) Residential Townhome & Lofts 168 985 The volume of traffic can be efficiently accommodated by the access proposed on the site plan. 2S3S IVBSt Highway 3$ • St. Paul, MN S5113* 6S1~63$*4600* Fax: 651-63$-1311 i Kellw Paifcwav The width of Kelley Parkway, as scaled from, the Dahlstrom site plan, is 28 feet. We recommend a minimum width of 32-feet with paiking being prohibited. The face-to-face of cuib width of 32-feet is felt to be neces^ to accommodate future volumes, which could range between 2.000 and 4.000 vehicles per day. Additionally, this east-west facility will accommodate numerous short trips that won’t have to utilize Highway 12 with a more continuous Kelley Parkway. We would suggest that a trail be developed along the north side of Kelley Parkway which could extend to Old Crystal Bay Road and connect to the trail on the east side of that roadway. The trail could, in the future extend east to Willow and beyond Willow ib Brown Road. A connection of this east-west trail could be constructed along the west side of Willow Road to provide access to Highway 12. With the off-road trail along Kelley Parkway, a sidewalk along the south side is not necessary, but would be advantageous for pedestrian usage. Within the area of the Dahlstrom plan, turn lanes are not required to the proposed access. A left turn lane should be provided at Willow. The traffic control at the intersection of Kelley Parkway, with Willow Drive should consist of stop signs on Kelley Parieway. Any stop control along Kelley Parkway, other than with intersections with public streets, such as Old Crystal Bay Road, should not be necessary. Pariting should be prohibited .along Kelley Parkway in order to increase the safety along the facility. There shouldn ’t be any necessity to allow parking along this roadway. Access along Kelley Parkway can be granted ’’more generously” than along an arterial roadway. This is due to its’ function which is like a collector roadway. However, access must be kept to a level * as required ” for each land use development since the more access given, the crash potential increases and the roadway service level decreases. Access consolidation should be considered, when applicable, for new developed parcels along Kelley Parkway. Should a median be desired, for parkway and streetscape purposes, right-of-way and roadway widths will have to be reconsidered. 2^3S W09t Highway 3$• St. Paul, MN 551 IS* 651-636-4600* Fax: 651-$35^1311 I !f Hi Application Date: 3/17/03 60 Day Deadline: S/15/03 REQUEST FOR COUNCIL ACTION Department Approval: Name MikeGafBx>n Title Planning Director Item Description: #03-2880 MAY 1 2 2003 Cl I Y o# DATE: 5/8/03 r EM NO.: Agenda Section; Zoning Fred Johnson f Randy & Michelle Chwialkowski 1926 Fagemess Point Road After die Fact Variances • Resolution Zoning District: Lot Area: LR-1 C One Family Lakeshore Residential District (.5 acre) 8,018 s.f. (.18 acres) List of Exhibits: A Resolution B Notice of Council Action At the April 28 meeting Council voted 4-1 to approve the after-the-fact variances for the second story deck and minor revisions to the lower deck configuration, and directed staff to draft a resolution reflecting the action taken. Such a resolution is attached. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. . 7 ■ m MAY I a 2003 Cl) ^ Wl DATE: 5/8/03 I NO.: ^ Agcida Scctioa: Zoning thelle Chwialkowdd Bsolution lential District (.5 acre) lie-fact variances for the second n, and directed staff to draft a A RESOLUTION AFTER-THE-FACI TO MUNICIPAL Z SECTION 10.22, SUBDl SECTION 10.55, SU SECTION 10.03, SUBI SECTION 10.56, SUBD AND SECTION 10.56, SI nLE NO. # WHEREAS, Fred A. Johnson (hei and Michelle Chwialkowski (hereinafter “the owi variances for the property located at 1926 Page (hereinafter "the City") and legally described as Attached hereto as Exhibit WHEREAS, after due published Minnesota Statutes and the City of Orono Zonii Commission held a public hearing on April 21, be heard concerning this application were given WHEREAS, the applicant has re< Zoning Code Section 10.22, Subdivision 1 and construction of a second-story deck within 75' o structure is normally allowed; a variance to Secti by structures of 165C s.f., in excess of the 1500 10.56 Subdivision 16(C)(6) to permit a 5' encroa a variance to Section 10.22, Subdivision 2 and S 2,115 s.f. (26.4%) of hardcover within the 75' la of hardcover had previously been approved. Minnesota: NOW, THEREFORE, BE IT E FINDir This application was reviewed as Page 1 2. 3. 4. The property is located in the LR-IC (Vz acre) One Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended denial on a vote of 7 to 0 for variances to allow the second story deck to remain, but recommended t^rproval of the additional 36 s.f. of hardcover over and above that approved by prior City Council action, flnding no hardship to justify allowing the secoua a; jry deck to remain but finding that the second doorway on the first story necessitated the additional 36 s.f. of deck and stairway area for safe access. The City Council reviewed this application on April 28, 2003 and made the following findings: A.The approvals granted for construction on this property via Resolution No. 4579 adopted December 11, 2000 did not include approval for a second story deck. B.To obtain a building permit for construction of a new residence on the property, the applicant submitted construction plans which included a first story screen porch and second story deck. During the City’s plan review process the building plans were clearly marked by the Orono Building Official to note that the screen porch and second story deck were not approved, and a set of plans so marked was provided to the applicant when he was issued the building permit on May 18, 2001. C.The applicant constructed the second story deck despite the lack of approval for the deck. The Orono Building Inspector did not note that a second story deck had been constructed, and a Certificate of Occupancy was issued for the completed residence on March 8, 2002. D.Shortly after the Certificate of Occupancy was issued, the Orono Building Official noticed the decks and contacted the i^)plicant by phone in June 2002, advising the ^plicant of the apparent violation and advising him to take steps to eliminate the violation, one option of which was to apply for an after-the-fact variance. Page 2 of6 i - 5. 6. 7. 8. 9. E.No action was taken by the applicant, and he sold the property to the owners in January 2003. F.bi February and March 2003 the Building Official sent letters to the applicant in a further attempt to gain compliance, which resulted in this application. The City Council finds that the increases in structural coverage and encroachment of a second story S' into the average lakeshore setback must necessarily be granted in conjunction with any after-the-fact approval of the second story deck. The City Council finds that while the second story deck construction should not have occurred, denial of the after-the-fact variances would unfairly penalize the owners who purchased the property from the applicant with no knowledge that the deck was not in compliance. The Council further finds that the circumstance that the City failed to file a timely written notice to the applicant of the violations act as a hardship which supports the granting of the requested after-the-fact variances. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 variance on the health, safety and welfare of the community. Page 3 of 6 iiitiMiaini CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Qrono City Council hereby grants after-the fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit the construction of a second-story deck within 75' of the OHWL of Lake Minnetonka where no structure is normally allowed; a variance to Section 10.03, Subdivision 14(C) for lot coverage by structures of 1650 s.f., in excess of the 1500 s.f. normally allowed; a variance to Section 10.56 Subdivision 16(CK6) to permit a 5' encroachment of the average lakeshore setback; and a variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit 2,115 s.f. (26.4%) of hardcover within the 75' lakeshore setback where only 2,079 s.f. (26%) of hardcover had pieviously been approved, subject to the following conditions; 1. 2. 3. 4. This approval is for the second story deck as constructed, and the first story deck, stoop and stairways as constructed and as depicted in photographs dated 10-21-02 and located within zoning file #03-2880. Authorities granted by this variance run witli the property not with the applicant, but are permissive only and must be exercised by application for an after-the-fact building permit within one year of the date of Council tqiproval, or this variance will expire on that date (May 12, 2004). 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. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and hereby agree to the recording of this resolution in the Chain of Title of the property. Page 4 of 6 Adopted by the City Council of the City of Oroho, Minnesota at a regular meeting held on the 12th day of May, 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__day of 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 ^ 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 5 of 6 A !, STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 j)ersonally speared before me. who is personally known to me whose identity I 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/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this___day of personally appeared before me, who is personally krown to mf* whose identity I proved on the oasis of whose identity I proved on the oath/affirmation of _______________, a 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 Page 6 of6 i CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 03-2880 NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 4/29/2003 TO: Randy and Michelle Chwialkowski ‘COPIES:Fred Johnson 1926 Fagemess Point Road 4017 North Shore Drive Wayzata, MN 55391 Orono,MN 55364 TYPE OF APPLICATION: After the Fact Variances DATE OF MEETING: 4/28/2002 VOTE: 4 FOR I AGAINST COUNCIL ACTION - MOTION: To approve the after the fact variances regarding the lakeside decks. 1. Structure located 27.5 ’ from the OHWL of Lake Minnetonka. 2. Encroachment S’ into average lakeshore setback. 3. Additional 120 s.f. lot coverage by structures for total 1,620 s.f. 4. Additional 36 s.f. of hardcover in the 0-75 ’ setback zone for total 2,115 s.f. A resolution was not approved and adopted by the City Council on April 28,2003. A resolution will be brought forward for adoption by the City Council at their next meeting. Applicant’s next scheduled meeting is confirmed as: City Council, May 12,2003, meeting starts at 7 P.M. If you desire certified copies of the official Council Minutes, they are available from the City Clerk after review and approval by the City Council. Application Dale: 3/17/03 60 Day Deadline: 5/1 &D3 ------------••• MAY 1 2 2005 f ' CITY Ur Umwi»o u REQUEST FOR COUNCIL ACTION Department Approval: TV Name Mike GafTron Title Planning Director^ DATE: 5/8/03 ITEM NO.: 6? Item Description:#03-2881 Curtis & Kathleen Midthun 2941 Casco Point Road Variances - Resolution Agenda Section: Zoning Zoning District: Lot Area: LR-1C One Family Lakeshore Residential District (.5 acre) 27,616.42 s.f. (.63 acre) List of Exhibits: A Resolution Revised Survey/Site Plan & Hardcover Calculations Revised Building Plans Drainage Easement Agreement Staff Report and Exhibits of4/18/2003 Draft minutes of 4/21/03 Planning Commission meeting B C D E F Application Summary: The applicants ’ initial request was for south side yard setback, average lakeshore setback, and hardcover in 75-250’ setback variances to construct a three stall garage and additional living space to the existing residence. It was subsequently determined that the foundation above which the kitchen addition was proposed, had no footing. Because that foundation needed to be replaced, and due to its being only 1 ’ from the side lot line forcing drainage onto the adjoining property. Planning Commission recommended that the south side setback variance be avoided by meeting the 10’ setback requirement. Planning Commission Recommendation: Planning Commission recommended approval on a vote of 7-0 with following conditions: 1. Proposed additions must meet 10’ side yard setbacks. 2. Hardcover in 75-250' setback zone to be limited to no more than the existing 4,998 s.f. 3. Revisions to plans to meet the above shall not go further into the average lakeshore setback (i.e. no closer to lake). The application has been revised since the Planning Commission meeting to meet the conditions recommended by the Planning Commission. The City Engineer will be reviewing the revised drainage and grading plan to confirm that drainage concerns have been resolved. The adjacent neighbor has granted a temporary easement for erosion #03-2881 May 8,2003 Page 2 control fencing to manage stormwater on the site during construction process. The proposed plans show a hardcover reduction in the 75-250* zone from 31.7% to 29.1% which more than meets the “equal removals” goal of the Planning Commission for diis site. The addition along the south lot line will be 11’^ from the lot line, meeting the 10* minimum setback and allowing adequate room for grading a drainageway within the property boundaries. Staff Recommendation Staff recommends approval of the hardcover and average setback variances per the revised plans. A resolution for approval is attached. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22 SUBDIVISION 1(B), 10.22 SUBDIVISION 2, 10.56 SUBDIVISION 16 (CK6) AND 10.56 SUBDIVISION 16 (L)(2) FILE NO. 03-2881 WHEREAS, Curtis O. Midthun and Kathleen A. Midthun (hereinafter "the applicants”) are the owners of the property located at 2941 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 92 and that part of Lot 93 lying southeasterly of a line running parallel with and 30 feet distant from the southeasterly line of said Lot 92; that part of lot 104 lying southeasterly of a line running parallel with and 30 feet distant from the southeasterly line of said L«t 104, including that part of vacated Lake Shore Avenne l>1ng across the above Lot 92 and the above part of Lot 93, all in Spring Park, according to the plat thereof on file or of record In the Office of the County Recorder, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(LX2) to allow hardcover in the 75-250' zone in excess of the 25% allowed by code for the construction of additions to the existing residence on the property, and a variance to Municipal Zoning Code Sections 10.22 Subdivision 1(B) and 10.56 Subdivision 16 C(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed. Minnesota; NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1 . This application was reviewed as Zoning File #03-2881. 2. The property is located in the LR-IC Lakeshore Residential Zoning District, which requires minimum lot area of 0.50 acre and minimum lot width of 100'. The lot contains 0.63 acre and has a deflned width of 90'. Page 1 of6 3. 4. 5. 6. The property contains an existing residence structure and detached garage, comprising ‘lot coverage by structures’ of 9.3 % where up to IS % is normally allowed. The existing residence, garage, decks, sidewalks, driveways, and other calculable hardcover on the property totals 3S4.I s.f. or 5.2 % in the 0-75* lakeshore setback zone where no hardcover is normally allowed; 4,998 s.f. or 31.7% in the 75-250 ’ lakeshore setback zone where only 25% hardcover is normally allowed; and 293 s.f. or 5.9 % in the 250-500' zone where up to 30% hardcover is normally allowed. Hardcover on the property after proposed additions and equivalent concurrent removals will not change from the existing numbers and percentages in the 0-75' and 250-500' zones but will decrease to 4,601 s.f. or 29.1% in the 75-250 ’ zone. Proposed lot coverage by structures will be approximately! 1.3 %, well below the 15% maximum allowed. The sqjplicants had initially requested a side setback variance to allow the construction of a first story kitchen addition above an existing basement oftice room located 1 foot from the side lot line where a 10' side setback is normally required. The Orono Plaiming Commission reviewed this application on April 21,2003 and recommended approval of the requested hardcover and average setback variances on a vote of 7-0, conditioned upon rev ision of plans to remove the basement setback encroachment and construct additions meeting the required 10' side setback, limiting 75-250' hardcover to no more than the existing level of4,998 s.f, and encroaching no further into the average lakeshore setback, based on the following findings: The additions when constructed per the recommended conditions will result in no loss of existing views ofthe lake enjoyed by the affected property owner directly to the south, due to the increased side setback from the existing situation and existing topography and vegetation. The proposal concurrent removals in existing hardcover will result in no net increase in hardcover on the site. The existing basement in the area of the proposed kitchen addition is 1 foot from the side lot line where a 10' setback is required, and is not structurally sufticient to support a story above it. This basement must be removed and replaced in order for such addition to occur. There is no hardship justification Page 2 of 6 to allow construction of a first story above a new basement located so close to the side lot line, as such new construction would result in continued drainage and access concerns, would increase the longevity of a nonconforming situation, and would have potential negative impacts on the adjacent property. 7.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 applicants’ agents, and the effect of the proposed variances on the health, safety and welfare of the community. 8.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect trafHc conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.22 Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the 75*250* zone in excess of the 25% allowed by code for the construction of additions to the existing residence on the property, and a variance to Municipal Zoning Code Sections 10.22 Subdivision l(B)and 10.56 Subdivision 16 C(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and attached to this Resolution as Exhibit A. Any amendments to the site plan may require further Plaiming Commission and City Council review. 2. Hardcover on the property is approved at 354.1 s.f or 5.2% in the 0-75* zone; 4,601 s.f. or 29.1% in the 75-250’ zone; and 293 s.f. or 5.9% in the 250-500* zone. Page 3 of 6 1 3. 4. 5. 6. ATTEST: In order to meet the hardcover levels approved by this resolution, the applicants shall remove hardcover as indicated on the approved site plan attached to this Resolution as Exhibit A. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (May 12,2004). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, 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 this 12th day of May, 2003 Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of 2002 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 2002 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 S of 6 ‘v . . ■ • ■ i* i V m L 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 ____whose identity I proved on the oath/affirmation of______________________ a credible wimess 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 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 ____whose identity I proved on the oath/aflirmation of______________________ a 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 Page 6 of 6 4*: ' - ■ _ 'y - .. «. .. V • N’.'lt Ve«»*y *m <?ie»vit*un onu ».th Contractor pr^r to ony Footing Construction 6u«l</*ng Detail \ lot \ v: w A i s i ■** kr*' O OtneUt iron monMWKM 0000 Otno««t Oiiiling «!•«, (OOO 0) Ooneltt pro»w< •!•«. Fropowi f«ro9« floor oiov.«07i.i7 Ditting Uottl floor oio«.»9M.4 • NOTE: Vtrify oU oitvotioo ond dimtniiont •ith Contfoctof priof to o#»y Footing ConitrucUon mpctnr UscMimoN (as ftoFiacD sr cuent) s /• wri ^ ^ V\n J\ ^ V \ \ v>1 •c \ \ ^ \ \ 0-79* SONS SVttMNG • IM.« S«. A. COftCMSn • SS.S S§. FL UCK • tSS^ Sq. n. w TOTAL aASKOm • 3S4.I S§, ft total AJi£4 iff gofig m §$2$.i4 Sg. ft SSM MAMDCOm CM AilOm d'-79* SONS 4-07*o9 •fVrSfO »>OS-OJ Owners: Curt Ac Kathy Mid than 2941 Casco Point Road Orono, Minnesota, avitsmo m ii§.§ sq, ft COCKSm • M.J Sf. A. ascs M jjf.9 If. ft c^lr\0l«^ll*o•M TOTAL SASaeOTSa • 954,1 Sf. A. TOFAt AiSA m IONS • 6AS9.24 S^. ft 5.SM SAMtUVYSH, OS AUOOgO io4 at Md tibol PAH 0f Ut as ifiag oouCAooof«r<f •f m Urns rummimi oonol/ol oiCA ««d~90 /ooC diotooC MCAoomrif Ifoo ^orf •/ tot I0« OriM foulAooofortf o Itoo niMlAf fnilH m ood 90 /ImI dioUal /Tom CAo ooolAoootortf lioo o/ Mid Lot 104. imeiutiAg CAoC OMt o/ vocolod ioAo SAoro A mouo ^ySof ocroM CAo •A om Lot Of Md tAo oAofo Ai Ut OS, aU in SoiU^ fATk, ACtATtUu tA CAo plot lAoroof oa Alo •r At Mcord la lAo Omoo o/ IA« Cduatf IlMOfdor. IfoBaoftlB Couatf. MiaaoMla. nofossD SASDcona 79*-fJO* XOMff aUlUUHGS m 2,007 Sf. A MUI^ntliCS « 1.140 Sf. A ofor * fif Sf. A sir. 9AUS • 02 Sf, ft tse^-aoo* toss ammmoos (awr.) m tos Sf, n TOTAL SASaCOVn • 4,00i Sf. ft TOTAL AMU Qt fOW • 15.700 Sf. A 20.IM MASaCOYSM axarviG SAMacovaa 79*-«90* SOKS ftfliSINCS • 1507.1 Sf. A CONCaSTS • 200.9 Sf. ft ascs m 000.9 Sf. ft anvMtHovs (aor.f m osiOi Sf. a lAA«SC47ff (fLASTtC OMLYf » 909 2 Sf. ft. TOTAL HASaCOVta • 40M So. A mviL SAsacom « ooj Sf. a TOfAL AJ UA IN IONS • 5007.10 Sp. A 5.0M HASaCOYSa, 90S ALLOm aso*-500* SONS arrvmsous (dwy.) • tos Sf. a 40M Sf. TOTAL AMU IN sons • 15700.90 Sf. A 91.7S lUkOCmtM, 25S AtlOWAO TOTAL HAMOCOVta • 209 Sf. A rOfAL AJt fi W lost m 5007. jQ Sy. Ft. 5.0S llAHOCOVta. SOS Atuootp DeMAMS-GABaiELLAND suiiKrrojts. ts<X 30JO MorOor Ian# Mo. Olymouffi. MM 95447 O*^ (70Ji 559-0900 Foe (703) 559-0470 r Amt om nm m mmmt mm 9^t\ 0m m mmft ••• 0*9^94 •» mm t0mt t m* • *«f Oiitii'ii ioiM Mr if»r/rJ I*. a« liMt C i*«sr CERTIFICATE OF SURVEY PREPARED FOR: BScB CONTRACTING a-2-vL .H- D •I ’ ■ {L>---yr^ * ^•OJicrf not 0>0Mt s-s«s ofsaMctv I«V cwicttotr SJT/ MViMMt «tv4C> lUVISS^ «>I7>0 wn$m »-7 a MV •NV MV '^'TMR M iiil ■< t' ^ , ‘ '1' - rTTi!/: t; '! ■ L* I ■ 1 ‘ 1 wmawwgiWiwiiHMM m =M SBSlmifimm HB nwitiiiii—iiiiiiniH H hanwi—I liwiMiiawinniiiffliPliifim*------------JJiMiii iIMflMfMW—M 2nuSBBSi ^SS^SS^SS& ^fegsmnanwDiifnitnuu sssssimni!sdtunml pil « . t .w/ • 1 ■M * I V r;rr 4“ * raVORATEP MUN TILS N KA MAVEL AT n& BLEV. ^/ DRAWTODAn.lOHT J v-vHJ 1 £r ^-------1 i BiegwrixpiwfticN ^ 4>caCFLR li WTL.BMW V rUC^.iTSTPI OMf** TOTAL UMLL UDTH;, BT tUDURA*CMiLSPACe ^-------- \ PBIOve EXIST. UIALLS B'-r • r,icp ,1 II ii-n I! r "Oi ^ t exist; J .1 EXBT.lUALtS- C| OPHAMTIOOR ^ ” ' ABOVE SMOUM TV4BL|r B %GUTLICGP AHICiFACE Aoa^ ^mnovE EXIST. ttlAUS AS PLOOBA«)—>v uuassTip \| IPATTMS ^ LME i nMEHEOTLOOR G- . IPI‘>2' h: IT" I , nr- CON&PBR 4S'*DB^& B*» ATBASE V SiB TREATED POST U EXIST. LOIfit LEVEL n ^ EXIST. EXT. miUAU I « ^”3 JL____i I B'-B* EXIST. POfOATtON UIALLS STEP DOUN TOP GP (UAUPOBPLOOB AT DOOR LOCATIONS ■NCTL STEPFTBSAAfCQD. BTBXIST.ORADeSTO PUMNTAM4rhSi PTO. DiPrW BflOlU MADE STEP N B** MCREPCNTS ifCXCAVATlD 4'eONCnjE. fWP.B^SaS-IBIBwir PLACE OVBE 4* COPPACTED BASE EXISTM KAM PLOOR OP MOUSE PMISMED R.OOR E1EVAT10N • BT-B* BARAGi PLOOR ELEVATION • IBT-r L Mi: s SB-B*r V I sfITIPPTB c n _J“3L_:3i ——I BAS STOVE ‘LOCATION QffiCE a LEDGE n ====^ 1^ -h*" STSTB1 PiOST lUALL^ IIbt 'hjpura * iMi,- r.TL CONCCAP 0N4C0URIIS > OPS*'BLOCK 4"O0NC.SLAB PLKTfMi€S«fV OC^ IL 4 ,^r STOOP "IT- J •STI^PTB lUP ‘CANT. PLOOR ABOVE -r fOP.frsTBi (QJS" TOTAL ttUU IMDTU; BTWURA* PTBIV O; B BARS 4" « PVBORATED DRAM TILB N PEA BRAVBL AT PTB l BLIV. DRAMTODATUGHT —1 RBIMlwr. FOUNDATION PLAN SCALSi l/®“ • I'*®' esigned iving UVUC mtcm CHMon d«|pMrf #oinl VOLE BBcAi 5IEVBI E. VespiJttd CESICPBE 14642 CMUb AtrwKw 52 Mar Ufci^ ABMMOto 55J72 _ 952-4^7552 sivtiiBMipraarMniicain etiNO. U.C Tom Bricko C«rMral Contrictor ic #eC-20336421 cal (612) 723-47B oHIca (952) 469-3B4 tomSfidcoBhotnuAcom 9780 192nd St W. Lakavit, MN 55044 wivwJbrickocorilractirii.coni I I w paojccTt QMI PV.INMIC OMAi OATI Ml OtMNDBir aav CHtCKCDtV •A/ acvttoss aCVTSIO V3MI aiVTMO ^iT<ai “■AAR rr\ •f »p-i« mmjo vwr; w-r i*-r ff- ^ ! a4'U4 ‘* 2£j?*.ftL BLOCX -iva^ e*.i0-j-ii» V- I 5n-v-v uJ 11 N -• -4- 17 nh •fL 71 HASTE!? vcciL*ai TMTED CEttM V ■C4NT.njocm TWM r4r 9*CEiL^ •0»¥IT rceiL^ / •' cei^A i BUILT-N /»'■> fi r cLoerT'” 0' CEIL’& is LEISUg ROCH ^'CDL'Sl ^ K 'T-------- Ewer.- COL 6XJ5T.-w4tS COL BELOIU J OUTLfCOF ATTIC 6PACE ABOVE r»piwAacbLt^rrw. I I'-B* DECK LiyiNasci DH S' CEILtk a R4» a-?T ‘ \ l-M ; —i I *«i —■ ________ I , mOVIDe ATTIC TWME6( CVBtaARAOE 4*‘CCNCP!.OOfE r 0TUDA ,^gL:Tic. E-S*f.{0« BAW } K*-•V ir-B< V / \ \ kli EMSTIO KAM FLOOR OP MOU8E PMEUED R.OOR ELEVATION • IW-B* ttAWAQg FLOOR BLEVArCN • 103'-ir 0'-E' z A iJ2SS^. . 3 ‘-r < -V 0 «E ^ T“ NEW AR»_—< "Hg COATS "RlS ••■•TIP r • m COLS S / Av PANTWr rcjidTEPS LOCATION TO BE DETEFrtl€DBT FINAL ORAOM -V -V ± 11 T© w f ■y / «s6 / DININS MCHBi. h - nbg Sir TRELLB ETfUCTURE 4»4 POET ENCA0E9 NPRE-mMR. ROUND COL COVERS 2»IBHAt4eUFPORT6 .srasgsw-'ic*’ ir-s< ?r-r inATCNE)CBr:SOF<RTCKS<B AS6«D,FIELD VEWFT. X «■ mw«nS«)£Sri^koOT nunMA usMfJteHk 4 MU) D(T. UMUt TO M 2aA »W» AT I*" OC A MS 8f cnOM MR AOOmOML IMTUTIOH *. aeS ELSVATWM MR AOOIT10NR. IKWUTIOH \ B'BRBT CALQl^TIONS FIR ftOBOC SOFmSRB. R«UBIAnSTOBiSI2SDBYOTV«RlL ___ __ % AlO DOOR WADERS TO BE fi; 111# SYPIICEIS NOTED OTMMME. » ------------------ — >|nd R0USM OPENNS& » ©i‘/Ts MAIN LEVEL PLAN ' ■ ' SCALE! I/e* • r*®"35D5 U-:* L. -I esigned iving UVRC ip«c«f cwian dmifmd jTMfd rout Itmtfk 5(«v«n E. y%ip€$X9d D€StO^ 14662 Otnkk A vmu * SE Prior Uiko, MnmotM 5S372 952-440-7552 ffvm<Nnfa oniM.eam CTINO.LLC Tcm Brk:ko Cantral Contractor k. #ec>20336621 ctl (St2) 723-A71S off<ca (952) 469-3D4 tombfidcoEhotmal.com 9780 Rand St W. Liktvit, MN 55044 vrwvb jyldcoconiracUntxora o pnojccra o>« ooaAi OATf }-V» DCS.OKECi»sav 0<iCKI3|v SUV PlNTSOa 4IVISID ynuo aiviaiD RfS^iSS) ^7-n ""7V5R moof COOT. TTF. hiimH' 1UTIWW.T ncE • IUA1BI tmnjo ATMmiMiair».4- upmonMcuu vtr cm n.r. «cAn4Nk NOOP ihmm • U" oc. 4M ui*von PKLD vovr BKtr. PIO0FPfTCKiTC y>xW-rry-rr^rrrrrr^'-rrrrr^rcccc}kr^^ V A A i » i i » \ I \ ^ A \ i t > \ I » ‘ \_j__L_L-Vi—i— CPLWOOHiT.TTF. NOTEi NOT10 ON TM0 Mr M TTFC4L TNWUdNOUr. iFCcuiL ooo«noN0 tf a BE NOTED ^CCONDMOLT. .r-®* •lUUttDeSIQN DT onci«0 F / V4U.T0 CEILINB vMFom R.40 rVi ATTIC MBJL AfCW T-0* t-W PNE-rmr.MLiicoLA. XIDUC^EUKS eSOAHDi 2xi«T1CATEDiC|f0 Ari0*ojc«/ JfilfiLBiMKS •TIP sxtsr.iiLOORBrroNO I 6im« // / / /\1/ / A \ / / / \ \ 7^ \ \/ /\ / r-0* /\ / \■IF m\ —z:: zr T D&CH 'MMCU UHAPPSD ttJ^PN»i AUK •PKmiAUKSGPPITS ‘M DENTIL nCXJLDHOi MPEBZEBD. noULDWO EKT.EIDNa-aEBBLSy. BXT.a^TMMa M iTUD« • !•" OJC. R-mriHIUUMiCL. B)06T. FIW€P FLQOW MKLATEN.OON MllATin.OON ATIXT.IMLL* TREATED POST ON !•'> X 4»** per C0NCPfEmiM^4'*DELL FOOTING DETAIL scalSi i/e‘ • r-o Iq MOTIVATED LSDQEK BOLrTon.oopmnM WCVWlMkOOU^^^^OC, rijCf.iTiTci BY "NUDURA* '•/r GfiB I0‘'DBPP.OOR TMM AT IM** Qjg> r CONC BUCIQCEIIAU. W 4**C0N&CAP i4"CCN&ILABOHMAOe MRP.Ii^M-IMaAlP I VAPOR BAHWm** mo INIUL • •» COMPACTED BAM I } LI >■ ----------------1'IjGF.E^TW BY Y4CXJRA* COHC.FT&U/ (V^%} 1/1- PLY.80WT 4"# PEI90RATED DRAMPIPEMPBA BRAVfL ATm.ELEV. AROIAO PERTCTBR OPmOATIOK DRAM TO DAYLttNT 'CONC.mi^ (V r7i /Ov SECTION a KITCHEWOINING eCi^LSi l/A^ • r-o Gtesigned living IfM gpiOH CMNI dlRpild rarfrOtimMi 5ltv«n ff. VAsptstAcf OiStCtet 14662 OmAk A vmu * 5£ Mar LAm ABwwolx 55372 •52-440-7552 CT1NO.L1.C Tom Bricko C«Mral Coxfirtctor k. 4BC-2033t421 ctf (6W 723-678 offm (952) 469-3«>4 tcmfaridcofholnaLoom 9780 »2nd St W. UUvBt* MN S5044 wwwixtdwcomrictlntxore LuO Q) ^ u ^ cr^ <§D »najtCT0 OMI rivlfMMl OMMi Oxrc VMi OtSlONBir MV McxniT MV XXVttlCKt XtWiMD XIVISID 4>t^0i XflVMD “"7V6R r L: • \ May 2,2003 K Eric A. Berg 2965 Casco Point Road Orono, MN 55391 City or Orono Planning Commission 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 To Whom It May Concern: I will grant Curt and Kathy Midthun a temporary easement for up to 2 months from the date of this letter to allow them to install a temporary construction/erosion fence up to 10 feet from their existing structure. This temporary easement in no way entitles my land to be used in any other capacity other than the building of the temporary construction/erosion fence. Sincerely, I .'J im.,._____ .... - - - — Application Complete: 3-26-03 60 Day Deadline: 5-23-03 TO:Chair Smith and Orono Planning Commission Members Ron Moorse. City Administrator FROM: Wendy Bottenberg, City Planner DATE:April 18,2003 SUBJECT:#03-2881 Curtis & Kathleen Midthun 2941 Casco Point Road Variances - Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (1/2 acre) 27,616.42 s.f. (.63 acre) Exhibits: A Analysis Worksheet Application Survey Letter from Applicant Elevation Views Floor Plans Letter from City Engineer Hardcover Calculations Photos of Property Plat Map Property Owners List B C D E F G H I J K Application Summary: The applicants are requesting side yard setback, average lakeshore setback, and hardcover in 75-250' setback variances to construct a three stall garage and additional living space to the existing residence. Pertinent Code Section: I. Section 10.25, Subdivision 5 (B): Side Yard Setback: To permit the construction of additional living space to be 5’ from the side lot line where 10’ is required for the LR-IC zoning district. 2. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2): Hardcover in 75-250 ’: Within 75-250' of the shoreline there shall be no greater than 25% hardcover. Variance Request: To permit a hardcover variance to allow 4,894 s.f. (31%), where 4,998 s,f. (31.7%) exists and 3,945.1 s.f (25%) is allowed. tt03-288l Curtis/Kathleen Midthun 294 1 Casco Point Road 4/18/2003 Page I of 6 I 3. Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16 (CX6): Average Lakeshore Setback: To permit an encroachment into the average lakeshore setback. The total encroachment is approximately 84*. Discussion: The applicants have met with staff several times regarding the proposed project. The plan reviewed for this report is the latest submittal by the applicant's. Because the applicants have made changes to the proposal, the survey included in this report does not reflect the changes. Only the elevation views and floor plans reflect the changes to the project. The existing residence was built in 1934. There have not been any additions just upgrades to the existing residence. A new roof has been put on the residence and a detached garage was built in 1986. There have not been any variances granted for this property. The applicants are proposing two different additions, changing the roof and cantilevering a wall on the lakeside to the existing residence. 1. An attached garage/mudroom/bedroom addition to the north side of the residence. 2. Enlarging the kitchen on the south side of the residence. 3. Cantilevering the wall by 2’ on the lakeside of the master bedroom. 4. Raising the roof to accommodate a new patio door on the second level with a deck and to connect the additions. Additions: (North side of residence) Garage Mud room Bedroom 24’x34* *=816s.f. 18 ’xl8* =324s.f. 10’ X 34.8 ’ = 348 s.f. (South side of residence) Kitchen area 18 ’x26* =468s.f. Removals: Detached garage Concrete water basin Concrete Driveway 373 s.f. 303 s.f. 200 s.f. 729 s.f. Side Yard Setback: Garage/ Mudroom/Bedroom Addition: The addition on the north side of the residence meets the required 10* setback. The original M03-288I Cui1is4Cathleen Midthun 2941 Casco Point RoaJ 4/18/2003 Page 2 of 6 design had the garage setback 8.5’ from the side lot line. The applicants have redesigned and the garage meets the 1 0’ setback. (The survey does not indicate the change). Kitchen Addition: The existing residence is located 1.3 ’ from the side property line. As is the existing basement room. The original proposal was to add a story (kitchen addition) over the basement room which would also be located 1.3 ’ from the property line. It has been determined that the existing foundation needs :o be demolished and a new one constructed. The new foundation and story above It (kitchen addition) will be located 5’ froT. th? side property line. (The survey does not indicate the change). Drainage: The eaves on the south side of the residence are shown at 1 ’ leaving a 4 ’ setback from the lot line. Drainage and excess runoff is a concern. With the construction of the addition so close to the property line there is not room to build a swale to direct the drainage/runoff around the side of residence to the lake side. Rain gutters will be required on this side of the residence. The rain gutters need to discharge at a location on the property where excessive runoff is not added to neighboring properties. The street side of the property is graded such that the drainage will be going directly onto the adjacent neighbor ’s property. The swale should be extended around the residence towards the lake. A revised drainage plan should be submitted and approved before building permit is issued. City Engineer, Tom Kellogg, reviewed the initial plan and his comments are attached as Exhibit F. Due to the changes in the proposed plan, staff suggests the applicant ’s builder work with the City engineer to work out drainage issues. Hardcover in 75-250* setback zone: The existing residence and proposed additions are located in the 75-250' hardcover zone. The existing residence is currently at 4,694.8 s.f. plus a 303.2 s.f. decorative fountain which will be removed. Existing 75-250’ hardcover is 4,998 s.f (31.7%). The proposed additions and removals result in a net decrease 104 s.f, final hardcover will be 4,894 s.f (31%). Decks: The applicants are proposing to replace the existing deck on the lakeside of the residence. The square footage and placement of the deck is not changing. It is starting to deteriorate and the applicants want to update it at the same time as the additions. However, the deck is shown in the plans with a railing, therefore is included in the lot coverage by structures calculations. #03-2881 Curtis/Kathleen Midthun 2941 Casco Point Road 4/18/2003 Page 3 of 6 The upper level new deck/patio door is over hardcover, therefore does not increase the amount of hardcover. Cantilevered walls: The cantilevered wall on the north side to the bedroom addition (Lakeside) is new and not over hardcover, therefore the amount of hardcover has a net increase of 32 s.f. The cantilevered wall on the street side of the kitchen addition is under the eave, therefore will not increase the amount of hardcover. Lot Coverage by Stractures: The subject property is 26,616.8 s.f. in size and is allowed 4,142.4 s.f of lot coverage by structures. Currently, the property has 2,578 s.f (9.3%) of lot coverage by structures. The proposed additions and lake side deck increase the amount to 3,572.8 s.f (12.9%). Foundation: The applicant ’s builder, Tom Bricko, checked the foundation prior to submittal of the proposed addition plans to assure the foundation could handle the additional load of another story above it. Initially, it appeared to be sound. Building Inspector, Bruce Vang, visited the site and had some concerns regarding the foundation and if frost footings existed. Staff forwarded those concerns to the applicant ’s builder. The builder then dug down 4 '/i’ to verify if there were frost footings. There were no frost footings. The existing foundation will be removed and a new one constructed. The set of plans of which this report was written indicate the existing foundation will be removed, however the new foundation has slightly increased in size. The increase is approximately 20 s.f Average Lakeshore Setback: A portion of the proposed addition on the north side of the residence, all of the proposed additions to the south side, and the cantilevered wall on the lakeside of the residence lie within the average lakeshore setback. The property to the south, 2967 Casco Point Road, had a main residence and caretaker’s house on it until 1977. In 1977, the caretaker’s house was subdivided off from the property. The property with the caretaker’s house is addressed 2965 Casco Point Road. When the property at 2965 Casco Point Road was subdivided off, it became unusually shaped and significantly chat.ged the average lakeshore setback for the two adjacent propenies. (See survey). /t03-2881 Cuitis4CathIeen Midthun 2941 Casco Point Road 4/18/2003 Page 4 of 6 The property at 2965 Casco Point Road is the adjacent lakeshore property, and the home at 2965 Casco Point Road is located slightly behind the subject property. Attached to 2965 Casco Point Road is a strip of land approximately 20’ X 230’ that goes to the lake. Because 2965 Casco Point Road has lake frontage it is the adjacent property which is used to determine average lakeshore setback. Currently, 2965 Casco Point Road views of the lake are straight ahead, almost a tunnel. The additions to the subject property will minimally if at all obscure existing views of the lake enjoyed by 2965 Casco Point Road. The addition on the south side of the residence will raise the height of the residence significantly higher than currently exists. However, there is a row of trees along the shared lot line and the topography is such that the existing lake view across the subject property is minimal. The additions will have little impact on 2965 Casco Point Road’s view of the lake. Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The existing residence was built in 1934. 2. The property is in the LR-IC zoning district and is a conforming lot. 3. The hardcover in the 75-250’ setback zone is being reduced slightly to 30%, but above the allowed 25%. 4. Is there any additional existing hardcover that can be removed to make the property more conforming? Should the shed near the driveway be required to be removed? 5. Should the 1st story' addition on the south side of the residence, which is proposed to be 5 ’ from the property line, which is better than the existing 1.3’, be required to meet the 10’ setback? 6. The proposed addition will minimally if at all obstruct the view of the adjacent neighbor. The suMivision which occurred in 1977 drastically changed the average lakeshore setback for this property. The proposed additions, except for the 2’ cantilevered wall, are not any closer to the lake tb.an the existing residence. 7. The proposed additions increase the lot coverage by structures to 12.9%, still below the allowed 15%. tf03-288l Curtis/Kathleen Midthun 2941 Casco Point Road 4/18/2003 Page 5 of 6 8. Other issues raised by the Planning Commission. Staff Recommendation: With the existing foundation be removed and a new one constructed to accommodate the one story addition above it, it is an opportumty for the city to have the residence conform to the required side yard setback of 10 ’. Staff has reviewed the application and the hardship provided and does not see a substantial hardship which would justify the side yard setback variance. If the Planning Commission feels there are substantial hardships for the replacement construction of the foundation to be 5’ rather than 10 ’ from the property line, then a recommendation of approval would be appropriate. •♦Due to the plan changes being submitted on Friday morning, on Monday staff will have detailed hardcover and structure calculations that will show the difference in a 5’ side yard setback versus a 10 ’ side yard setback. #03-2881 Curtis/Kathleen Midihun 2941 Casco Point Road 4/18/2003 Page 6 of 6 t4 ANALYSIS WORKSHEET Lot Area: Application # I Date Received . CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee Si50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Amount Paid PROPERTY INFt Site Address f/oin-l- l/kkcl ,ht)nn,r Property Identification Number (P.l.D.) t O0^'~7 Attach legal description to application if not included on required survey. Date Property Acquired _________________!______________^(month/year) amaceniI (do) (do not) also own the ad|acent parcels of land. /'''^sidentialPresent use of property: Zoning District: LP —1(^ other (specify). APPLIC Nam Address: CANT Phone (home). Phone (woric)_ City;.Zip:. OWNER (if different than applictmt) n Name An Addre^:^^^/ f^f^T Cit^^h/1/) Phone (home) Phone (work) _____ Zip:. DESCRIPTION OF REQUEST Describe request in detail: __ Estimated Construction Cost $ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback:Front Lot Width l/Si / 16-250 V \Hardcover Lot Coverage 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:_____________________________ (attach additional sheets if necessary) r.'7 : ■T r 6'T <r r.:. I I L‘ 1 REQUIRED SUBMITTALS AUPfJtic fpllowing iofortnation must be submitted bv the annHcation deadline dat> in nrrf.r for vour application to be considered comnletg: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150’, labels and plat map (you must Sl^Vente *34?591^** "**** Hennepin County Department of Finance, A-603, Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 854" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade ue proposed. In addition, provide one (I) copy 814" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11") List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. ■ Please remember that vonr l.a.rJflitce appliyation is not cpmplete if the above information has not been , APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admirustrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultMt expenses incurred m review of this application, and certifies that the information supplied IS true and correct to the best of his/her knowledge. Applicant's Signature^Date 3-/7- OWNER'S SIGNATURE The owner hereby ac’ioiowledges and agrees to this application and further authorizes reasonable entiy onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Ow ner's Signature K/tmMT'Date ^-^ / 7-/)S Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. * 7 - • i ■ ♦ NOTE: Verify all elevation and dimensions with Controctor prior to any Footing Construction I App voft'M A60V5) I Sr^Ay exPAKitio/o. NF\ V rC)!..'/’jTfC /v/ ^ /-STDA-y V- ^ V r V 0\J€il .u^iv BAiC<Vt(nM7 “ (^vrmc, SAs^Ke^,^- 6«4: .■ V. r*- - • •-A* * • ‘.% \ •\ \ • NOTE’ Verify oH devotion ond dimensions »ith Controclor prior to ony Footing Construction BoiWi'no Detail ** . tfMft .'X^\ </ y^v \ y 4*.* ///^ % - msi \X.x//^^ *> / \ /> "X***.# • ^ \ •» >- fftlOV N «vv \>*v^ •> \ '^31# •» / -i/ ^ n :^i \ \ vv »**x tn9p V, X \ irv ^;v / \A aT '\ \\ \H\‘\\L ••m .\\ 'k \'4\ \ \\v- SX. .y' ‘V \'V # \ NvS \ ,\\ \ \ \ ^--------^ \ O'-W ZOSK \ •'♦'r 'A itrvmw » i»«« *'i- *'•• i'oscRtrrz » *a 3 sg. «. l»fCA’ a IX’-g .vg. F<- \TOWt HARPCOVEK * 3a<.l Sg. ft. TUfAt 4i<£l W ZOAIg a 6eZ9.Z4 Sg. 1^ a.2* H.XRDCOVEK. OX AlLOWCP «4f l« -A' \ ^ -t \\ \x Oirners; Curt & Kathy Midtium 294/ Casco Point Road Orono, Minnesota. 9-29'03 e*t*r»M* __________ BMiao: Z’09'09_—,------------------------------------------ZmT' rirr rsr/zj^f^^ZJ^ ZJ!^ !STTi0W ‘ •> •*<-««♦* 0 ‘-7S‘ ZOSE BVILPISG = tZO.O Sg. Ft. roSCRFfE a Bcrs a I3g.g gg- Ft. O O«ootcs iron monumrnl 000.0 Denotes ealitinQ clev (000.0) Uenoles proposed tiev Proposed qatoqt floor eiev.*971.17 Ealsting lo«»est floor elev.«956.4 • NOTE: Verify oil elevation and dimensions with Controctor prior to ony Footing Construction PROPERTY DESCRIPTWS (.IS PROMDED BY CUEffT) lot OR enit that part of Lot 9.1 iyinp Koutheaeterip of s line running pornlM with mnd 30 feet cMtleiif frona thn MOuthcRsterJjr fine of omid Lot P.T; Innl port of Lot J04 lying Bouihemalcrly of • line running narmlM with and 30 feat dMant from the Boutheeaterlv line of amid Lot 104, including tli«f part of vacated Lake Shore Avenue lying acroaa I he nborr Lot 9Z and the above part of Lot 93. •» jp Spring Park, according to the plat thereof on file ftf of record in the Office of the Countjt Recorder. Hennepin County, Uinneaeta. PROPOSED HARDCOVER 73-g30* ZOSE UL'ILDISGS a 3.093 Sg. FI. DRtVE/VALKS a i.S90 Sg. FI. DECK a RBA Sg. EL RET. WALLS a 93 Sg. El. aSO'-SOO’ ZOSE BEfL'MISOVS (DWf.) a SO.I Sq. Et. TOTAL HARDCOVER a 4,000 Sq. El. TOT.lt AREA IS ZOSE a tS.ZBO Sq. Ft. ai.T X ILIRUCOVEK EXISriSC HARDCOVER T3-330* ZOSE BVILDISGS a J397.J Sg. FI. COSCRETE a E00.3 Sq. EL DECK a 909.3 Sg. EL ,,UnV.VIS0t'S (DWY.) a 3319.1 Sg. FI. 4jtA4Wie*j9l'lf ® 30 3.2 Sq, FL T0T.lt HARDCOVER a 393 Sg. FI. TOT.lt 4RF4 IS ZO.SE a SOOT-l_0__Sq_ fl-_ S.OX II.IRDCOVER. SOX AlEOtfEU RM’-SOO’ ZO.SE BITHHLSOVS (DITY.) a 393 Sg. EL lb >4*^ r ir r««a •••ra:#C TOTAL iURBCOYER » 35< » r*- TlT4t 4Jti:i t.V ZO.SK a 9939.39 Sg. Ft X3* HARDCOVER. OX ALUIWED TOTAL HARDCOVER » 9990 Sg. FI. T0r.lt .iwri tv 30.VF a tszoo.oo Sq. Ft. TOTAL HARDCOVER * 393 .Vg. EL TOTAL ARE.I IV ZO.VF a SOOT. 10 .*>g. FI. S.9S H.XRDCOVER. SOX ALLOWED DKHARS-GABMEL h\SD SVItVEiOBh, IM 1030 Harter Lane Nd tfiVr4 fii» #«i I*. 1 ■ff'oi-sBSl O A<~ 6is«; R- i^O ^ Dr^JKo . - Mu Faaniur.'VANiu-^ /ut^u.c-^rs' A ^tvv0t)t<_irv> ^ pL/V/^ Ul>^&0 A» pA*'^»w«2^ of (D^/2-i IS To Ti“Vf ^(J-lS^oe.^.C /U-fi-y^uScr of 77i-*S StTti . 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Vmmti eutM MMiOmAii 4mm I ^ trnmmrn nv Tom Btidio C»w< CmicM k. atC-aBUMSi crfM rryAT% •Mca ms 444-JM vti aMii. w. SS044 co (/) i2 o c •£ 0^ o 0) o Qi U C ^iu ^ tN Z <s: LU >LL < 5 C > U. QL »» •• 7^5R T\ ....... 7\FOOTINO.DiT^ •C4L|. >/•■ • I •«' /T\ SECTION a KITCHEN/DiNINQ tc^l. !<•■•• Wesignec living Tow JMdnCmoGmov IMm4Ft 7\6R •w ,r\ Jt^th Hi 'it~>i'ii i I fi trf tairrm i Ti ^*itiiriin ^ I Bonestroo Rosene Anderlik& Associates Engineers & Architects •on«itroo, Rotenc. Andertik and Aiiociatat. Inc. ft an Affirmaiiva Aciion/C<|ual OpfKKtunfly Cmployar and employee Owned 6 Principali: Otlo G Bonriifoo PE • M.irvin L Sorv.il *, PF • Glenn R Cook. PF • Robert G SchunicM. PE • A Bourdon. P£ • M.ifk A M.imon. PE April 15,2003 Senior Contultanit: Robert V' Roienc PC • Joseph C Anderlik. PC • RichArdE Turner, PE • Susan M EberNn CPA. Associate Principals: Ke»tn A Gordon. PE • Robert R Pfefferle. PE • Richard W Foster. PC • Oavid O loskoM. PE. • Michael T Rautrnann. PE • Ted R Field, PE • Rennefh P Anderson. PE • Mark R Rolfs PE • David A Bonesiroo MBA S'drsey P Williamson PE . L S • Aynn M R*ny MSA • All.rn Rick Schmidt. PE • Thomas W Peterson. PE • James R Mal.»nd. PE • Miles 9 Jensen. PE • L Phillip Gravel ill. PE • Daniel J Edyerton. PE • Ismael Mtirtiner, PE • Thomas A Syfko. PE • Sheldon J Johnson • Dale A Grove. PE • Thomas A. Roushar. PE • Robert J Devery. PE Offices: St Paul. St Cloud Rochester ,*nd Wiiimar MN • Milwaukee, Wl • Chic.»go. It VMtbsite wwwbonestroocom Ms. Wendy Bonenberg Planner City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: 2941 Casco Point Road File No. 139-03-000 Plat No. 03-2881 Dear Wendy, We have reviewed the certificate of survey and proposed grading plan for the home additions to 2941 Casco Point Road. We have the following comments with regards to engineering matters: • The proposed silt fence immediately north and south of the home is shown running up the hill. This silt fence configuration will concentrate flows draining towards the lake and increese erosion potential adjacent to the home. The silt fence north and south of the home should be eliminated and the silt fence shown lakeside from the home should be extended at least 10-feet on to the adjacent properties. All silt fence should be heavy duty with steel t-posts. All erosion control should be iiistalled, inspected and approved by the City prior to any work on the site. • The drawings show the existing home and a proposed addition within 7-feet of the south lot line. It appears temporary easements will be necessary from the property owner to the south to complete the construction and install the prop jed draintile. • The proposed swale shown on the street side of the home drains southerl} and appears to discharge onto the neighboring property. The swale should be extended around the home and towards the lake to convey flows away from the neighboring property. A temporary construction easement will be required to complete this work. • Rain gutters should be installed on the home to direct water away from adjacent properties, particularly along the south side of the property. • The driveway shown to the property is mostly on the adjacent lot. A driveway easement should be acquired if one does not already exist. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. cc: Greg Gappa, City of Orono 2335 West Highway 36 ■ St. Paul, MN 55113 • 65I-636-4600 • Fax: 65I-636-13II ■J I ! It ... * % ••w % BABDCO'ATION WORKSHEETtW^XALCULi SETBACK ZaNEt (CIRCLE OKE) (Wiy 75450’ 250400’ 500-1000' f yignNO HAMCOVER IN ZONE A. Hottie ______• •. X • • tngSk B. 'Cmse . .V.• • • C. Driveway D. Sidewalk E. Pario/Deck F. Landsove Uoderiala By Plastic Or Fabric •% ' • • •& • - ‘ X* X X X •••: .. 1 ; V. •. X X X X X X X X X • • m a. ojlfc TOTAL HARDCOVER IH ZONE TOTAL PROPERTY AREA IN ZONE •A •• • • ■ ■ +. B .X100 • > ygnPQSED HARDCOVTO IN ZONE A. Koose L(S|di Widtti B. Garage C. Driveway D. Sidewalk • • E. Patlo/Dcdc F; ljudscape TJaderlaln By Plastic Or Fabric X X X X X X X X X X X X O. I5«it TOTAL HARDCOVER IN ZONE ' total PROPERW area DC ZONE * A ____________ ♦ B-xlOO “ S.F, • S.F. S.F. 5.F. •• # { ^ A- S.F. » . , S.F. S.F. S.F. >.F. S.F. 5.F. SJ. S.F. • S.F. /■XU‘U 36^. / S.F. S.F. . .’T. ^ % 5.F. S.F. S.F. S.F. Ci16,3 ’ S.F. S.F. S.F. S.F. ’S.F. « • S.F. S.F. S.F. S.F. S.F. 2/o.b __s 35^S.F.5^rzs.p- ••• • ••• • T /•• • * • • • • • HAIO)COVER calcula tion worksheet SETBACK ZC»<E: (CIRCXXONZ) 0-75* 250^00* • • fOO-lOOO' A. House fQgAUPCQVERWZONE X X X W V . . B. ‘Osxiie ’ <J. Driveway D. Sidewalk X X E. Petlonieck X X F. Luidscapc / Oo]lO.\.C^^ . x ByPWtic X Oplmiic O. Ocher TOTAL HARDCOVER IH ZQ TOTAL PROPERTY AREA IN ZONE B A. House X X X B. Garage C. Drivewav/l Wt( C X X D. Sidewalk X X E. Patlo/DKk X X •• •• /f 34; j SJf. WidA S.F. : «S S.F. ms S.V •• * r *-373-: _S.F. • • •9m • S.F. •S.F. • 3 S.F. ms s S.F. S.F. ms S.F. •• •S.F. S.F. S3 4 • S J. • •• bO _S.F. •• E 44^ X S.F. •% m* x lOO > /c». • . hn.n ■ % . . !• *• riC-S^t • • S.F. •WUA •S.F. SB S.F. n S.F. " s _S.F. /s^/6 S.F. B S.F. •• * • • m •' S.F. * ••• •S.F. • • * ■i•^'5L 9 • • • S.F. .dscao^X X X C‘C S.F. S.P. S.F. o. Other ii/i6C __.S.F. TOTAL HARDCOVER IN ZONE ’ total property area in zone • A ____________ + B-xIOO - ^S.F. SJ •••.••l* *• * • • • haio)cover calculation worksheet SETBACK ZONE: (CIRCLE (XC^ 0-75'75«0* 500-1000* TSMSTPCG HARDCOVER IW ZONE A. House ______• • • VngSk Wlddi X X X .. B. 'Oirase . . V. t.• • • • C. Driveway •*. > • •• • • • •• .4 • • • . • •*x V; • • • «t . •• •• •«. ••• • / •• • • X- X D. Sldewdk X X E. Pado/Declc X X F. Leadscape Uodertiln By Flasdc Or Fibcie X X X O. Odier TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE •A •• • • ■ :_________+.. B .xlOO PROPOSED HARDCOVER IN ZONE A. House ______________ X Lb:|6 Width X X X Be Garage Ce Driveway X X D. Sidewalk X X E. Patio/Deck X X F; Landscape Uodedaia By Plastic Or Fabric X X X O. Odier TOTAL HARDCOVER IN ZONE * total property area in zone • A ___________ + B-XlOO S.P. S.P. S.P. S.p. S.F. S.F. S.P. S.F. S.F. S.F. SJF. S.F. ■' S.F. S.F. S.F. yr7./s S.F. ■ % S.F. S.F. S.F. S.F. S.F. S.F. S.F. t' S.F. S.F. S.F. S.F. S.F. S.F. liiliiiia I [j;-/•■'' i- .*W»iHmi m :Wlm 9hi '' -..•*’ ■ w^p^m ' <K*’ . •/ h>‘ • • , • ■ , •/■.!•'/ \ i' '/■ '' ■■ \‘>'' ' ' ,‘- ' %-4l ■'*»l.% m^-“ r/. - V VJ'___ V •..s - .<» .. ;r-.^ • ■ ‘ .v» •<" .' ■^ Y>: - '‘•’^-if/*'' ...'" ■ ' '■-■-s'i-■» ■<:■ ■■■ y ^-v /Vl.t.'ia'a IX'. L > f tdii‘0 PL V ■ ( •■‘JL '. J FvTS • *' "p' • r* •* ^ ’ iiSilfegfl ^ »'y> ^^ • . 0»ft «Hk ^ l.N • ' I . ^ ‘ • 'i ,mtimt Mimr -, gs^i^. ' ‘ 4 ‘ C: 2.H . 4. V / ('(iiit'-^tf'i.C t .<■ 1 -t- itc 5 ) JWY o(aa(>: .3iuH X ■^'0 :> ■ cH S' I f -■y wm XW^-'": ' sTi^ iltf '^- ''. ' V» V : ; V- c’ " -‘v V'*'^ 'fte •’"ySsSKJ TC**'*’- '^' > I ««rtfcv.,T &m,BlBte.6i£^*5”)^^!~^ ■ BiRiJ. ww-'''.^r. tAe'L^ -I'^cm , i^t«M nur.-M. fw-rofi^rsaa^AJiJLfeMii^U&MJl ‘cfViiMBffmff^l ifVd-^£8L Hennepin County Taxpayer Services Depai^ent j" zo-tn~ 2J- Parcel Information -Cl-fy Parcel ID 2011723310047 Housa Numbar 2041 Straat Nama CASCO POINT RD TNsi$notal9oaBynoofa9dmap.nnpnsentstoomf)iMionofinfomMion and data »om CHy, County, and State road authoridas and other acunsaa. r RUN DATE :J/l9/20)3 )8 20H 723310028 PROP ADDR 2910 CASCO POINT RD OWNER NAME PHILUP A BETTY NICCUM TAXPAYER PHILUP J NICCUM NAME/ADDR 2910 CASCO PT RD WAYZATAMN 55391 38 2011723310036 PROP ADDR 2948 CASCO POINT RD OWNER NAME PAULFX)HNCOX TAXPAYER PAULFX)HNCOX NAME/ADDR 2948 CASCO POINT RD WAYZATAMN 55391 38 2011721310048 PROP ADDR 2933 CASCO POINT RD OWNER NAME AUDREY A OALUSTEL TAXPAYER AUDREY OALUSTEL NAMli/ADDR 2933 CASCO POINT RD WAYZATAMN 55391 38 201P23310060 PROP ADDR 2970 CASCO POINT RD OWNER NAME JABMART1NSON TAXPAYER JERRY & BONNIE MARTINSON NAME/ADDR 2970 CASCO POINT RD S WAYZATAMN 55391 38 2011723310065 PROP ADDR 38 ADDRESS UNASSKiNED OWNER NAME CITYOFORONO TAXPAYER NAME/ADDR THE CITYOFORONO POBOX66 CRYSTAL BAY MN 55323 V) •JO CO i-s;. " . 2 > i HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE; I 38 2011723310034 PROP ADDR 2930 CASCO POINT RD OWNER NAME JONATHAN A M' NTH SUBJA^ TAXPAYER JONATHAN A MENTH NAMli/ADDR 25640 SUNNYVALE LANu EXCELSIOR MN 55331 38 2011 23310035 PROP ADDR 2940 CASCO POINT RD OWNER NAME SC&LM HANSON TAXPAYER SCOTT C A LYNETTE M HANSON NAME/ADDR 2940 CASCO POINT RD WAYZAIAMN 55391 38 2011723310045 PROP ADDR 2975 CASCO POINT RD OWNER NAME SR&KK PERRY TAXPAYER STEWART R A KATHLEEN K PERRY NAME/ADDR 2975 CASCO POINT RD WAYZATAMN 53391 38 2011723310047 PROP ADDR 2941 CASCO POINT RD OWNER NAME C O MIDTHUN A K A MIDTHUN TAXPAYER CURTIS A KATHLEEN MIDTHUN N XM E/ADDR 2941 CASCO POINT RD WAYZATAMN 55391 38 2011723310049 PROP ADDR 2927 CASCO POINT RD OWNER NAME FREDRICK J HEY ET AL TAXPAYER FREDRICK J HEY ET AL NAME/ADDR 2927 CASa> POINT RD WAYZATAMN 55391 38 2011723310050 PROP ADDR 2925 C.\3CO POINT RD OWNER NAME DONALD A DRIGGS TAXPAYER DONALD A DRIGGS NAME/ADDR 2925 CASCO POINT RD WAYZATAMN 55391 38 201172331000.3 PROP ADDR 2%5 CASCO POINT RD OWNER NAME K ERIC A BERG TAXPAYER K ERIC A BERG NAM E/ADDR 29o5 CASCO POINT RD WAYZATAMN 55391 38 2011723310064 PROP ADDR : 967 C • O POINT RD OWNER NAME ..^JROZECOQM TAXPAYER THEODORE A DEBORAH ROZEBOOM NAM E/ADDR 2967 CASCO PT RD WAYZATAMN 55391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATEONTHF RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BEUEF. ^ ^ DATE by MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 21,2003 6:00 o|cIock p.m. X-^-03 Mrs. Chwialkowski indicated that Mr. Johnson continues to build in the area. (#5) «03-2881 CUTRIS AND KATHLEEN MIDTHUN, 2941 CASCO POINT ROAD, VARIANCES 6:46 - 7:25 P.M. Curtis and Kathleen Midthun, Applicants, and Tom Bricko, the General Contractor, were present. Bottenberg explained that the applicants had requested side yard setback, average lakeshore setback, and hardcover in 75*-250 ’ setback variances to construct a three stall garage and additional living space to the residence. After several meetings with staff, Bottenberg pointed out that two different additions were proposed, first, changing the roof and cantilevering a wall on the lakeside to the existing residence: 1. An attached mudroom/garage/bedroom addition to the north side. 2. Eiilarging the kitchen on the south side of the residence. 3. Cantilevering the wall by 2’ on the lakeside of the master bedroom. 4. Raising the roof to accommodate a new patio door on the second level with a deck and to connect the additions. Bottenberg noted that the existing residence is located 1.3’ from the side property line. The original proposal was to add a story (kitchen addition) above the basement room which would also be located 1.3’ from the property line. It has since been determined that the existing foundation needs to be demolished and a new one constructed. The new foundation and story above it will be located 5 ’ from the side property line. With regard to drainage, Bottenberg noted that the eaves on the south side of the residence are shown at 1 ’, leaving a 4 ’ setback from the lot line. Drainage and excess runoff is a concern. With construction so close to the side property line, there is not room to build a PAGE 12 of 56 A r MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 21,2003 6:00 o’clock p.m. swale to direct runofFdrainage around the side of the residence to the lake side. Bottenberg pointed out that rain gutters would be required on the side of the home to direct excessive runoff away from neighbors. Bottenberg indicated that a revised drainage plan should be submitted and approved before building permits would be issued. Bottenberg reported that the proposed additions and removals result in a net decrease of 104 s.f., final hardcover would be 4,894 s.f. (31%). She noted that the applicants had also proposed to replace an existing deck on the lakeside of the residence that has begun to deteriorate. However, the deck was shown in the plans with a railing, therefore would be included in the lot coverage by structures calculations. The cantilevered wall on the north side to the bedroom addition would be new and not over hardcover, therefore, the amount of hardcover has a net increase of 32 s.f. On the other hand, the cantilevered wall on the street side of the kitchen addition would be under the eave, therefore would not increase the amount of hardcover. In reference to the average lakeshore setback, Bottenberg noted that the property to the south, 2967 Casco Point Road, had a main residence and caretaker’s house on it until 1977 when the caretaker’s house was subdivided off the property. When this was subdivided, it became an unusually shaped and significantly changed the average lakeshore setback for the two adjacent properties. It was felt that the proposed additions would have little impact on the views enjoyed by 2965 Casco Point Road. With the existing foundation removed and a new one to be constructed to accommodate the one story addition above it, Bottenberg stated that it is staffs opinion that this would provide the City an opportunity to have the residence conform to the required side )wd setback of 10’. After reviewing the application and hardship, Bottenberg noted that staff does not see a substantial hardship which would justify the side yard setback variance. Mr. Midthun stated that, since purchasing the home in 2000, they have worked to preserve the character of the cottage home, while striving to make it more livable. Currently, he PAGE 13 of 56 'i ¥ MINUTES OF THE ORONO PLANNING COMMISSION MEETD4G Monday, April 21,2003 6:00 o’clock p.m. pointed out that the kitchen is minimal and they would like to add to it and improve it. While they would be replacing the foundation and giving the lot line a bit of relief, Mr. Midthun indicated that they need the space for the new kitchen. Chair Smith inquired about drainage issues. Mr. Midthun stated that they had no drainage issues in the past, even wdien a mere 1.3’ to the lot line. Mr. Bricko indicated that the drainage should improve with the new plans, os the siHVeyor had recommended they direct water using a swale and perhaps drain tile as well. He stated that they would work with staff to create an acceptable drainage plan. Chair Smith indicated that she had no problem granting the average laks k.^isclback variance due to the subdivision. Mrs. Gallistel, 2933 Casco Point Road, the northwest neighbor supported the neighbors application and did not even see the need to move the old garage. Eric Berg, 2965 Casco Point Road, stated that he would not have a problem supporting a S’ side yard setback along their property line. He liked the proposal. Although she could support the application. Chair Smith was hesitant to grant the side yard setback. Since the foundation would be replaced, Fritzler indicated that he would support the 10’ side yard setback as recommended by staff. Mabusth asked if the additions or home could be slid back further to the north to allow more room. PAGE 14 of 56 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 21,2003 6:00 o ’clock p.m. Mr. Bricko stated that the entire home would need to be rebuilt to accommodate the narrow lot if it were slid back, and the home would lose its 1930 ’s charm. Mrs. Midthun pointed out that a chimney sits in the center of the home, which needs to be balanced on either side, hence their design. If they removed a portion from the kitchen half, the design would appear off-kilter and they would lose any views of the lake from that room. Rahn agreed with Fritzler that the setbacks should be maintained. He believed that the lot offered a great deal more spare and was haidpressed to allow this when there was more room to use. He felt this was a design issue and not a hardship. Mrs. Midthun indicated that the alternatives, including removing the existing chinmey, were much more costly. She wished to preserve the cottage look of the property and felt that the design would be ruined of they were to pursue these other options. Bricko asked if footings could somehow be put under what was currently there. Rahn stated that he would still be opposed to the project, adding that, typically, the Planning Commission requires people to pull in new additions to meet setbacks. While Chair Smith liked the cottage charm, as a Commission, they could not grant the vanance. Mabusth suggested consideration be given to a lot line rearrangement with the neighbor to gain the extra S’. Mr. Berg indicated that he would not be willing to grant a lot line rearrangement for this purpose, since his lot was already narrow to the lake. PAGE IS of 56 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 21,2003 6:00p.’clock p.m. Chair Smith asked the applicants if they wished to table the application for redesign, since it was apparent that the Commissioners would only support a 10 ’ side yard setback. Mr. Midthun asked if the Commission could move on the application subject to their working with staff to meet the requirements. Rahn felt comfortable allowing the applicant to move forward in coordination with staff if they were able to meet the 10 ’ side yard setback. Mrs. Midthun asked if they could move closer to the lake. Hawn indicated that if they were to move closer to the lake, then staff would recommend that the Planning Commission take a second look at the application. Mr. Midthun asked to move forward and work with staff to accommodate the recommendations set forth. Rahn moved, Chair Smith seconded, to recommend approval of Application #03- 2881, Curtis and Kathleen Midthun, 2941 Casco Point Road, per staff recommendations allowing a redesign of what was proposed to meet a 10* side yard setback to the south, conforming to all other setbacks, and that the redesign not project any closer to the lake; in addition, granting an average lakeshore setback and hardcover in 75*-250* setback variances to construct a three stall garage and additional living space to the residence which does not exceed 4,894 s.f., and is subject to drainage plan approval. VOTE: Ayes 7, Nays 0. PUBLIC HEARING - 7:00 P.M. (#10) #03-2883 DENNIS MEYER, 4655 AND 4685 TONKAVIEW LANE, LOT LINE REARRANGEMENT AND VARIANCES 7:25 - 7:35 P.M. PAGE 16 of 56 I J i Date Applicatloo Received: 3>24-03 60>Day Review Period Eipim: 5>23^i3 REQUEST FOR COUNCIL ACTION MAY 1 2 2003 *«r>. CITY OF Ohuf^ Date: May 8,2003 Item No.: 7 Department Approval: Name: Michael P. Gaflron Tide: Planning Director Administrator Approval:Agenda Section: Zoning Item Detcription: #03-2882 Orono Baseball Association/Orono School District 1030 Old Crystal Bay Road North Renewal CUP: New Baseball Field Construction - Resolution List of Exhibits A - Resolution B - Memo and Exhibits of April 15,2003 Orono Baseball Association (OBA) has submitted an application for renewal of their 2001 conditional use permit which granted approval for construction of a third baseball field at the Lee Carlson Fields complex. The prior approval expired in September 2002 without conunencement of construction; however, fimding is now in place so construction can commence this spring. For further information, please review the attached memo and exhibits. Planning Commission Recommendation Planning Commission reviewed this item on April 21,2003 and voted 7-0 to recommend approval of the renewal CUP as presented. Staff Recommendation Staff recommends adoption uf the attached resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION APPROVING RENEWAL OF A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3 FILE NO. #03-2882 WHEREAS, the Orono Baseball Association in cooperation with the Orono Soccer Association (hereinafter "the applicants") are in the process of leasing property from the Orono School District (hereinafter “the owner") located at 1030 Old Crystal Bay Road North for the purposes of constructing a third baseball field, with a secondary use as a youth soccer field within the City of Orono (hereinafter "the City") the property is legally described as follows: See Exhibit A, (hereinafter "the property”); 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 April 21, 2003, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied for renewal of a cor.diiiona! use permit originally granted by the City Council on SeptembCT 10, 2001 as documented in Resolution No. 4689, per Municipal Zoning Code Section 10.20, Subdivision 3 to permit consuvetion of a combined baseball field and youth soccer field on the northeast comer of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This ^plication was reviewed as Zoning File #03-2882. The original CUP approval was granted per Resolution No. 4689 adopted September 10, 2001. 2. 3. The property is located in the RR-IB rural residential zoning district. Schools and associated uses accessory to a school arc a conditional use in the RR-IB zoning district. Page 1 of 12 4.The baseball field would be constructed on property owned by the Orono School District and leased to the Orono Baseball Association. 5.The Orono Planning Commission reviewed this application on April 21, 2003 and recommended approval by of vote of 7 to 0 to permit construction of a baseball field, storage building and batting cages based on the following findings: A.In 1994 the Orono Baseball Association (OBA) constructed the two existing baseball flelds, known as Lee Carlson Fields, on the property. A Conditional Use Permit was not required for the west Vi of the property. The City of Orono has leased the west Vi of the property from the Orono School District and further leased the property to OBA. It was the opinion of the City Attorney that as long as the City was leasing the property from the School tor a period greater than ten years that the baseball fields would be considered a permitted City park use. The Code permits municipal uses in the zoning district. B.The east '/j of the property is the proposed location of the new baseball/soccer field. Since the City does not have a lease for this portion of the property and it is owned entirely by the School District a Conditional Use Permit (CUP) is required for the construction. Schools and their associated facilities require a CUP. C.In 1999 a CUP for Middle School construction was approved and the school opened the fall of 2000. A condition of approval for the new Orono Middle School required the individual properties located east of Old Crystal Bay Road be combined into one tax parcel. That parcel includes the baseball fields and Middle School. D.Access to the new baseball/soccer field would be via an extension to the existing access from Old Crystal Bay Road. The road will lead to a 48 stall parking area west of the ball field. In addition, the parking area will include a turnaround with a 65' radius. The 65* radius is IS’ narrower than a typical cul-de-sac width. The City Fire Marshal has approved the turnaround width. The width meets the standard for basic emergency serx ice. Page 2 of 12 ! E. F. G. H. J. K. City Code requires parking for athletic fields as 1 parking space for each six seats of capacity. Each 22 inches of bleacher space devoted to seating is counted as one seat when determining design capacity for the bleachers. Any bleacher space devoted lo aisle or any other purpose is not considered scat space. Code would allow seating up to 288 based on the 48 spaces shown for parking. Pedestrian access would include a sidewalk that would be located adjacent to the new parking area and provide access to a future trail extension along County Road 6. OBA has requested the trail connection not be constructed, and only the corridor established at this time. The Park Commission reviewed the request at their meeting on August 6, 2001, and commented they are supportive of a set aside of land that could be used for a trail connection in the future. The land would be designated for trail use by granting of an easement along the proposed trail corridor. The trail corridor would be determined following concept approval of the site plan and trail easement would be granted by the School District to the public. The baseball field expansion includes batting cages, a 24' X 36' storage building, play lot and announcer’s booth. West of the existing fields the OBA is proposing to replace an existing storage shed with a larger shed and expand the parking area along the entrance drive. A wooded ravine separates the baseball fields from the school property. The ravine is a designated wetland. The proposed improvements do not encroach within the protected area around the ravine. The City of Orono’s 1974 wetland inventory did not classify any of the wetlands on the property as protected, however the ravine and wetlands are protected by WCA regulation and do appear on the National Wetlands Inventory. A wetland basin is located at the northwest comer of the site where County Road 6 and Old Crystal Bay Road intersect. The new ball field does not impact that wetland basin. There are no lights proposed for the field. Code does not permit any source of light be visible at any property line. Page 3 of 12 L.The property is located adjacent to the Willow View development. The most impacted properties would be those in the northwest comer. At the time Willow View was developed an open space and ponding outlot was created. The open space outlot would provide an additional bufTer zone to the athletic field use. M.Properties north of the site, across County Road 6, are zoned for 2 acre residential development. All land south and west are owned by the School District (Ice Arena and Middle School). The use of the property is consistent with other uses on the School Property. N.The City Comprehensive Trail System Plan has established the corridor along County Road 6 as a necessary tndl connection. The future trait along C.R. 6 would provide a needed link to the east to provide a connection to the regional system. A trail is located east of the property to Willow Drive and continues south to the southern end of the Willow View Development. The additional use of the property for a baseball field is consistent with the types of uses normally found on a school campus. 6.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7.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 variance on the health, safety and welfare of the community. Page 4 of 12 1^11 lliHr<Miiliittair? iiiifciirtrt^iirTirn lirrii CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.50, Subdivision 3 to permit partial use of Lx>t 3, Block I for outside storage use, subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. The property shall be developed as shown on the approved site plan attached hereto as Exhibit B. The final road grading and stormwater management plans shall be approved by the City Engineer prior to final approval. The MCWD shall be consulted to determine if a new permit or amendment to the existing permit is required. Bleacher design capacity shall not exceed 288. OBA, School District and City of Orono shall work with Hennepin County to determine the appropriate trail connection. A trail easement shall be granted by the School District to the public for a future trail corridor to connect the trail along Old Crystal Bay Road to the trail in the Willow View Development. No parking signs shall be placed along the new road and in the drop off zone to not block vehicles from entering or exiting the new parking area. Authorities granted by this conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by completion of paving and striping of all parking areas within one year of the date of Council approval, or this conditional use permit will expire on that date (May 12, 2004). Violation of or non-compliance with any of the terms and conditions cf this conditional use permit shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Pages of 12 10.The undersigned owner and applicants have read, understand 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 City Council of the City of Orono, Mitmesota at a regular meeting held on the 12th day of May, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (Representative of Orono School District) Applicant (Representative of Orono Baseball Association) Page 6 of 12 in 1 ^ I '1 ; r fj STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 12th day of May, 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 12th day of May, 2003 by Linda S. Vee, City Cleric of the City of Orono, a Mirmesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 7 of 12 1' i STATE OF MINNESOTA COUNTY OF HENNEPIN S On this dsy 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/aflirmation of _______________, a credible wimess and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their fiee 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/affirmation of _______________, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/he*/their free act and deed. Notary Public Page 8 of 12 Application Date: 60 Day Deadline: 3/24/03 5/23/03 To:Chair Smith and Planning Commissioners Ron Moorsc, City Administrator From: Date: Mike Gaffron, Planning Director April 15.2003 Subject:#03*2882 Orono Baseball Association/Orono School District 1030 Old Crystal Bay Road North Conditional Use Permit - New Baseball Field Construction Renewal - Public Hearing p ^ ^ Z- ^ ^ _-j *1^ Af(^ ''Zoning District RR-IB. Rural Residential List of Exhibits A - Survey / Site Plan / Construction Plans B - Resolution No. 4689 C - Covenants and Declarations D - Application & Cover Letter E - Plat Map F - Property Owners List Application Summary Orono Baseball Association (OBA) has submitted an application for renewal of their 2001 conditional use permit which granted approval for construction of a third baseball field at the Lee Carlson Fields complex. The prior approval expired in September 2002 without commencement of construction; however, funding is now in place so construction can commence in May. The property is located south of County Road 6, east of Old Crystal Bay Road. The property is owned by the Orono School District and leased to the Baseball Association. When not being used for baseball the outfield areas will be used for youth soccer fields. The two existing baseball fields are designed for play for up to about 12 years of age. The new field will be somewhat larger and will be made available for high school use. The new field will not include lights. Games will only be played during daylight hours. To accommodate the new field a new drive entrance will wrap around the north side of the existing baseball fields to a parking area west of the new field. M3-2882 Orono Baseball Astocialion/Orono School District 1030 Old Crystal Bay Road North Page 2 of 3 Background - Lee Carlson Fields and School Property In 1994 the Orono Baseball Association (OBA) constructed the two existing baseball fields on the property. No Conditional Use Permit was required for the west Vi of the property. The City of Orono leased the west ^2 of the property from the Orono Si hool District, and then leased the property to OBA. It was the opinion of the City Attorney that as long as the City was leasing the property from the School for a period greater than ten years that the baseball fields would be considered a permitted City park use. The lease between the School District and City of Orono was entered into on April 15,1994 for a period of 1 9 years and 11 months, terminating on March 15,2014. TheCodc permits any municipal use in the zoning district. The east 'A of the property is the proposed location of the new baseball/soccer field. Since the City does not have a lease for this portion of the property and it is owned entirely by the School District a Conditional Use Permit is required for the construction. Schools and their associated facilities require a CUP or CUP Amendment when such facilities are proposed. OBA is in the process of amending their ground lease directly with the school district fbr this half of the site. As a condition of approval of the new Orono Middle School all the properties located east of Old Cry'stal Bay Road have been combined into one parcel. The parcel includes the baseball fields and Middle School. In 1999 the CUP for Middle School construction was approved and the school opened in the fall of 2000. Site Plan Review I.Site Layout The access road will be an extension of the existing access from Old Crystal Bay Road. The road will lead to a 48 stall parking area west of the ball field. In addition, the parking area will include a turnaround with a 65' radius. The 65' radius is 15' narrower than a typical cul-de-sac width, but has oeen approved by the City Engineer and Fire Marshal. The tumiround area is necessary for traffic flow, safety and to provide a suitable drop off site for the fields. Pedestrian access will include a sidewalk that would be located adjacent to the new parking area and provide access to a future trail extension along County Road 6. OBA has committed to working jointly on this trail connection with the City, Orono Schools and Hennepin County. Also shown on the plans are batting cages, a 24' X 36' storage building, play lot and announcer ’s booth. West of the existing fields the OBA will replace an existing storage shed with a larger shed and expand the parking area along the entrance drive. •i' •: t #03-2882 Orono Baseball Assoclatlon/Orono School District 1030 Old Crystal Bay Road North Page 3 of3 II. Parking/Seating The plans not indicate the total seating capacity for the bleachers. Code would allow seating up to 288 based on the 48 spaces shown for parking. The Code determines paiking for athletic fields as 1 parking space for each six seats of capacity. Each 22 inches of bleacher space devoted to seating is counted as one seat when determining design capacity for the bleachers. Any bleacher space devoted to aisle or any other purposed is not considered seat space. OBA has indicated the seating capacity will be kept within the 288-seat limit. III. Lighting There are no lights proposed for the field. Any lighting used within concession stand areas shall be installed and shielded to not expose the light source, per code requirements. IV.Trail Connection The future trail along C.R. 6 would provide a needed link to the east. A trait is located east of the property to Willow Drive and continues south to the southern end of the Willow View Development. Final trail construction design and engineering would be completed at some point in the future. A condition of the approval is that the School District grant an easement for the trail connection. V. Stormwater Management OBA’s Minnehaha Creek Watershed District permit is complete pending School District execution of a Declaration arrl Agreement regarding wetland buffers, street sweeping, stormwater facility maintenance and use of non-phosphorus fertilizer. Drafts of those documents are attached. Issues for Consideration Staff believes all issues were resolved with the original approval. Planning Commission should address any issues of which staff is unaware or which may result from public comment. Staff Recommendation Applicants are requesting renewal of their previous approval with no changes. Staff recommends approval per the fmdings and conditions of Resolution No. 4689. J BALL FIELD CONSTRUCTION ORONO BASEBALL ASSOCIATION ORONO COMMUNITY SOCCER ASSOCIATION ON ORONO PUBLIC SCHOOLS' PROPERTY VICINITY MAP r; y • - • lUj^-' '-.V^ ’ . GENERAL NOTES I. MSPffCT m TO OCTtfllllM IXTim AI0 NAn0e Of lAKTHWOnC t MSTALL fffICINa Af NIC <UAIIY 10 ruuv KCUME MTIANO TO POOTCCr PUtUC. S. AU fNniCAL IKMUfTI MPACTMO OOMOItlC NON AND NIOUIAaiO NtMOVAl, MAY NOT M niNTVIf 0 ON TM MMOVAitPLMl TIHCOMmACTOAMUiTVIT TNI tfll. PfUOR TO • DOM 0. TO C ONMUI OOfO SUPfiMHT TNI OCTINT OP RIMOVAL WOfUC NICfMARY. 4. CHICK AU. ounmmift AND VlftPVIIPOM ITAWNO & MtTALLIIIOilQNCOinilOi.OCVlCttllPOKSaMMNMODieAVATMOOR OIIADOIO. MAMTAMANDAIPAIlIfNTieONtTmCTnNtteOMPUiTl. I. LOCATE AaON^ITKtfTllJTlUilfOIIIMOMNMOCONtlllUCTION. TNINlOfU il NO ADDITIONAL COMPINtATION POE COmiUCrOfrt LACK OP VIMPICATION ON OMMION OY LOCATION If imL T. PEOTICTISITMOPLAffrANOPACIJIVtVMeiIttTOHniAfi EIALVAOa TOPIOI. PON mu W ON TVEP AEIAf CtfnM OP PAVmDir um PWON TO mUPPMO TOPfOA. IPNAV QNAil NUN lOUNOUP AND THOMUONLY OIIK ON EOfOTIL VIOiTATIONIfrOIOI. E PEOVM ALL MATIMAU NICUIAEY TO CONITEUCT NON PACtmU AND MMOVIAULUNlUfrAEIJIANOlOEnOllllAETNIUTimALIPIIOaimAlllAV •i NfCtMAEY TO AOCOMPUIH PEQPOftO blVATIONE IE MAMTAIN OUIT CONTEOL OUEMO CONHEUCnON OP«UT10MI. II. LNNT ACTPimu TO THf eoNmucooEm. IE MAMTAIN AOJACtUT CfTT frEUTICOimHUOUlLYCLIANPMI eONITMUCTION CAUUD OUT AND OUM MEM9 ALL IflE OPUATttME PEOtlCr OEAMAOI iYirnii MOM NDEMETAIION At A EEWiT OP eoNtTEuenoN AiuTio eifir AND I IE AILCONtrEUCnOE MltTeOMPLYEIIII APPUCATIOH eODii AMO : .T-.v DRAWING INDEX TinsMir IJOfTWO COEOmONI AND UmOVAti PLAN LAYOUT AND POCMO PUUi mOHONCOiiniOi. 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V ■MMDAAlAtlMMmTfctgO^AOtPmOPiri Jllk M1tWTOMAM»PAJAATWA<AAt«ttiaWMtllAa.M< WMtP AOOTU PAAfM PlANTl ACUHOM i»^i(naATati.ni»iTiw>0»i.QAMIiqi I 1 LEGEND___________ VMM! MfTTAMI OfTAM miMTTVA H. \ I I^ S '-T 1 ® W ttOAMIAMDIAIUH ©'Ir' / / I L - ■@ .y r I K />■-' %Sil-mp -•>4flauAAM^ Q SHRUB X.or o m:3 :■ \Oi-m < y / •••* s...* ORONO MIDDLE SCHOOL AND BALL FIELDS m > AliJ t t 1 i 1 ] I •V' Nov-tS-2002 02:02m FrgirCITY OF ORONO 49522404610 T-466 P.002/013 F-lfl B i:'CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO. 4 6 8 9 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3 HLE NO. #01-2703 WHEREAS, the Orono Baseball Association in cooperation with the Orono Soccer Association (hereinafter *'the applicants") have an option to lease propeny fiom the Orono School District (herelMfter "the owner") located at 1030 Old Ciystal Bay Road North for the purposes of constructing a third baseball field, with a secondary use as a youth soccer field within the City of Orono (hereinafter "the City") the property is legally described as follows: See Exhibit A, (hereinafter "the property"); 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 hewing on August 20, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code SccUon 10.20. Subdivision 3 to permit construcUon of a combined baseball field and youth soccer field on the northeast comer of the property. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. 3. This application was reviewed ^Zoning File #01-2703^ The property is located in the RR-IB rural residential zoning district Schools and associated uses accessory to a school arc a conditional use in the RR-IB zoning district 4.The baseball field would be constructed on property owned by the Orono School District and leased to the Orono Baseball Association. 5.The Orono Planning Commission reviewed this application on August 20, 2001 and recommended approval by of vote of 7 to 0 to permit construction of a Page 1 of 12 M. O O O O Metro Legal Services Inc. Box 431 ^ / 1 r HOV-1W002 02:02n Frea-CITY OF ORCMO ♦9522484SI6 T-466 P.003/013 H7I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 8 9 A. B. C. D. E. In 1994 the Orono Baseball Association (OBA) constructed the two exiting bweball fields, known as Lee Carlson Fields, on the property. A Conditional Use Permit was not required for the west Vt of the property. The City of Orono has leased the west Vi of the property fiom the Orono School District nod further leased the property to OBA. It was the opinion of the City Attorney that as long as the City was leasing the property from the School for a period greater than ten years that the baseball fields would be considered a permitted City park use. The Code permits municipal uses in the zoning district. eart •/, of the propert}' is the proposed location of the new baseball/soccer field. Since the City does not have a lease for this portioii of the property and it is owned entirely by the School District a Conditional Use Permit (CUP) is required for the construction. Schools and their associated facilities require a CUP. In 1999 a CUP for Middle School construction was approved and the school oi»ned the fall of 2000. A condition of approval for the new Orono Middle School required the individual properties located east of Old Crystal Bay Road be combined into one tax parcel. That parcel includes the baseball fields and Middle School. Access to the new baseball/soccer field would be via an extension to the existing access from Old Crystal Bay Road. The road will lead to a 48 stall parking area west of the ball field. In addition, the parking area will include a turnaround with a 65' radius. The 65' radius is 15' narrower dian a typical cul-de-sac width. The City Fire Marshal has approved the turnaround width. The width meets the standard for basic emergency service. City Code requires parking for athletic fields as 1 parking space for each six seats of capacity. Each 22 inches of bleacher space devoted to seating is counted as one seat when determining design capacity for the bleachers. Any bleacher space devoted to aisle or any other purpose is Page 2 of 12 n 7/ i J ^5^ HoHS-2002 02:03 imi Frov>CITY OF ORONO 49522494SI8 T-466 P.904/013 F-17! itfeSli F. O. H. I. J. L. CITY of OROXOr RESOLUTION OF THE CITY COUNCIL NO 4 6 89^ not Mnsidered seat space. Code would allow seating up to 288 based on the 48 spaces shown for parking. Pedestrian access would include a sidewalk that would be located adjacent to the new parking area and provide access to a future trail extension along County Road 6. OB A has lequcMe' the trail connection not be constructed, and only the corridor established at this time. The Park Commission reviewed the request at their meeting on August d, 2001, and commented they are supportive of a set aside of land that could be used for a trail connection in the fhture. The land would be designated for trail use by granting of an easement along the proposed trail corridor. The trml corridor would be determined following concept approval of the site plan and trail easement would be granted by the School District to the public. The baseball field expansion includes batting cages, a 24* X 36' storage building, play lot and announcer’s booth. West of the existing fields the OBA is proposing to replace an existing storage shed with a larger shed and expand the parldng area along the entrance drive. A wooded ravine separates the baseball fields from the school property. The ravine is a designated wetland. The proposed improvements do not encroach >vithin the protected area around the ravine. The City of Orono’s 1974 wetland inventory did not classify any of the wetland on the property as protected, however the ravine and wetlands are protected by WCA regulation and do appear on the National Wetlands Inventory. A wetland basin is located at the northwest comer of the site where County Road 6 and Old Crystal Bay Road intersect. The new ball field does not impact that wetland basin. There are no lights proposed for the field. Code does not permit any source of light be visible at any proper^ line. ' property is located adjacent to the Willow* View development. The most impacted properties would be those in the northwest comer. At the Page 3 of 12 ; j cj-r k ■ ’ '.-.Jr • "H Nov'IS-2002 02:03ra Fror^lTY OF ORONO ♦9522494616 T-466 P.005/013 F-I7I I a'Ji .'iHmy.'d CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO___ 4 6 8 9 time Willow View was developed an open space and ponding outloi was created. The open space outloi would provide an additional buffer zone to the athletic field use. M.Properties north of the site, across County Road 6, are zoned for 2 acre residential development. All land south and west are owned by the School District (Ice Arena and Middle School). The use of the property IS consistent with other uses on the School Property. N.The CiQT Comprehensive Trail System Plan has established the corridor along County Road 6 as a necessary trail connection. The fUture trail along C.R. 6 would provide a needed link to the east to provide a connection to the regional system. A trail i$ located east of the property to Willow Drive and continues south to the southern end of the Willow View Development. O.The additional use of the property for a baseball field is consUtent with the types of uses normally found on a school campus. 6.The City Council finds that the conditions existing on this property are peculiar to It and do not apply generally to other propert>' in this zoning district* that panting the conditional use permit would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7.The City Council has considered this application including the findings and recommentbiions of the Flaming Commission, reports by City staff, comments by the applicants and the erfeci of the proposed variance on the health safety and w’elfare of the community. ^ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grams vanmccs to Municipal Zoning Code Section 10.50, Subdivision 3 to permit partial use of Lot 3, Block I for outside storage use, subject to the following conditions; 1.Property shall be developed as shown on the approved site plan attached hereto Page 4 of 12 !v::> \* •>. ••.V. '• ^ a..'I 5?^ ) i Nov-15-2002 02:04m Fro»<ITY OF OMNO 40522494610 T-466 P.006/013 F-I7I fe'ii CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 89 2. 3. 4. 5. 6. 7. 8. 9. 10. The final road grading and stormwater management plans shall be approved by the City Engineer prior to final approval. ^ The MCWD shall be consulted to determine if a new permit or amendment to the existing permit is required. Bleacher design capacity shall not exceed 288. OBA, School District and City of Orono shall work with Hennepin County to determine the appropriate trail connection. A trail easement shall be .granted by the School District to the public for a future trail corridor to connect the trail along Old Crystal Bay Road to the trail in the Willow V*tw Development. [_No paring sigM|shall be placed along the new road and in the drop off zone to not block vehicles fiom entering or exiting the new parkiog area. Authorities granted by this conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by completion of . paving and striping of dl parking areas within one year of^datrSZSia" approval, or this conditional use permit will expire on thdfoate (September 10 2002).i^rToP^ a/^ir Violation of or non-compliance with any of the terms and conditions of this conditional use permit shall constitute a violation of the zoning code, shall automatically terminate any authority gnmted herein, and shall be punishable as a misdemeanor. • The undersigned owner and applicants have read, understand 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 Chaui of Title of the property. Page 5 of 12 i7 n .•K.v„ t: . I ; . \ i %• i I CT' V — ■; -i. W * V .Jr i . Nm-15-2302 02:04 m FroKITY OF OMNO 49S224946II T-4S9 P.007/013 F-I7I ^fXi CITY of ORONO do^ by the City Council of the City of Orono, Mi 0th day of September, 2001. RESOLUTION OF THE CITY COUNCIL NO____4 6 89 ta at a regular vi'/m7^ Barbara A. Peterson, Mayor (Representative of Orono School District) Applicant^ / hrtiK\^ Applicant (Representative of Orono Baseball Association) STATE OF MINNESOTA ) ) 8$* COUNTY OF HENNEPIN ) The foregoing instrument tvas acknowledged before me on this 10th day of September, 2001 by Barbara A. Peterson and Linda S. Vec, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 12 O O' Q OI ( "• ) c. J .wAa.’’ V I ! I • •MovlS-2002 02:04n ProKITY OP OINM 49522494611 T-499 P.999/013 P-t7l STATE OF MINNESOTA ) ) IS. COUNTY OF HENNEPIN ) • • On this .^Oay of 20^ before me a Notary PubUc wjihin and for said county, personally appeared to be the person(s) described in and who executed the foregoing inSttument. and acknowledged that he(they) executed the same as his (their) fiee act and deed. RACHB. DODGE ^ J^SSSSSS^Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ^ C-l* h 20df said county, personally appeared Aifqt S. me to be the person(s) described in ^ ^ ewcuted the foxing iMtnnnent, and acknmSed^ that he(they) executed the same as his (dieir) free act and deed. IHM&VEE NOiMrpuue«Ma«som Notary PubUc Page 7 of 12 V^- d o o s Q. 1 Ndv19-2002 02:08w FrorCin OF OROM f9S224946ll T-499 P.909/013 F-I7I Exhibit A 4689 / • PROPOSO NEW LEASE DESCRIPTION nrid «nt 1«0 fMt with lh« nortti llh«^ W«..el», .( th, ,«t „ bwfnj of South 89 de9rees 39 minutes East done tfid latL ossumed thence North 35 degrees Eost o distonce of tOfi !««»• *outh 293 feet o distance o test Bn. of .old Lot 2. ond sold Bne th.r. ^ ®® ‘**«'*" »« «»• Peg. L wmm.r-A-.c mi&m •i-T' • k * > . }■ .' BALL FIELD CONSTRUCTION ««» to ? ORONO BASEBALL ASSOCIATION ORONO COMMUNITY SOCCER ASSOCIATION ORONO PUBLIC SCHOOLS ’ PROPERTY toS «>« to % ftan •• 04 ■III }fei:i DWAWW INDEX i >'• »>-■ '■>...// 4 >. •r • /s si A •*' } *'w ' •CS/ H *•* k NoV’tS-2002 02:0Spi FroKITY OF OMNO «9S22484$t$ Exhibit B I T-469 P.01I/01J F-in 4689 i t 1 • r *. • vVU " - ■! ■ \ .—•S'*’ *• ..ta • •• •••• V « ■■••3? \\\v '. J . # •• .• *fs*%iL r rV! ;.:v-'*-TS::^vr\V“\'‘v — *•.* N A\r >. ;\ . '• \ •• • •.>- '-v . \ 11 llj.i*' ---------.._.x_..^----------------------------------------------------------iL U\ • •t . -• % •• • ^ *• * . •* • % •• • •• ,:-v .,.' / ■■ / •'.. •■ ■•■ ■• ••’ VJ.-‘ . • % 2 Ip •5 BAO^LM ec WBuCnon >A «uarAf«* --i . -••-'ii it <s» Q Hov-IS-2002 02;06 m Fror^lTY OF ORJNO 49S224946I6 Exhibit B T-466 P.012/013 F-171 4689 • s t '.r. .• / IS-. VVOTV ,/■ J}4u ?I^WD •■‘■■■■liil i'- i ' ./V^* ;II i i A • • •*. •• •• •• w *k * *v ! V « , *«, ■JD Q •*. 3 •#> «• .1^. M . V ■^v&.Vi\\>; i ” \ -.vlVv'Ov- ^ \\\i\ — *. • "*\C vn _\ -i"'-. v\vh. ; . V. • \ y Vl •“•‘/\ • • ^ ^ 7 .v^S* ': 1. ‘ V -- ^ • • |i • I*•* *1 • • •. I * ‘.I I• • % •9AU PKLM eOMmueDOn • 3 • • m l^fllFiJtSliCf PUN n iT^A ir-if.'il'-. 0*‘ J Bouldor Rotaining r Walls /Replace Exisllng\ j-“- • --------------—m— «***- -‘~***** ^ .« * •*«.*» * • ______I-------•%!;i -lS:f County Bike/Want -----Trail (approx. locallonH^ulura Sign m*ii/ l.'S* j{il 1 VW1 SoccerFioltfs .!^!|S 'Announcer’s BootW *7 Overstorage f lliBaseball Field (7S‘>90’ DasoUnos} i ;• ! i?'t ’ li Dugout(2) s ''I’ ’ • »• . sM ,r .. Bullpen (2) /sSrSiJTII^I ’SkeeFRouse BaltingCages (3) Elif -Tollotf Play Area SeoimentPend/ Water i?{ ‘9fS l;' Cte( 1 rden n I • d. OROND Mmm F RnMnrv • * t ' \ J. k IMo M • 04 is DECLARATION THIS DECLARAIION (“Declaration”) is made this by Independent School distiia No. 278 (“Declaruit”). day of ,2003, RECITALS WHEREAS, Declarant is the owner of real property within the Gty of Orono, Hennepin County, Minnesota, platted and legally described as; That part of Lot 2, block 1, ORONO SCHOOL EXPANSION, which lies east of the west 140 feet thereof and north of the following described line: Beginning at the intersection of the east line of said west 140 feet with the north line of the south 253 feet of said Lot 2; thence on an assumed bearing of south 89 degrees 39 minutes east along said north line of the south 253 feet a distance of 170 feet; thence north 35 degrees east a distance of 106 feet; thence north 60 degrees east to the east line of said Lot 2, and said line there ending; (the “PropertVO and no one other than Declarant, the Gty of Orono (“Lessee”) and ORONO BASEBAIX As SOQATION (“Sub-Lessee”) has any right, title or interest in the Property*, and WHEREAS, the Property constitutes the entirety of the land to which Mirmehaha Geek Watershed District Permit Application H 02-058 applies; and WHEREAS, Declarant desires to subjea the Property to certain conditions and restrictions imposed by the Mirmehaha Creek Watershed District as a condition to issuance of their Permit it 02- 058 for the mutual benefit of the owners of the Property. NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Propeny, and further declares that the Property shall be owned, used, occupied, and conveyed subjea to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Wetland Buffer. The wetland buffer, measuring varying widths surrounding the wetlands as delineated and shown on the Grading, Drainage and Erosion Control Plan for the Property dated 10/23/02, and attached hereto and incorporated herein as Anachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegeutive disturbance, fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffeting flows into the wetland. 2. Street Sw^eeping. All streets and public ways within the Propertyshall be swept at least twice each year, in the spring following snowmelt and in the fall after leaf f^. } ^ A3 :-a iv * ^ V.5}o 1‘j c I I! t : I m rkL 3. Stonnwater Facility Maintenance. The terms of Attachment fi, incorporated h<»rfin, shall apply to the stormwater marugement wet retention pond and Infjhration basin on Attachinent A- 4. Non-phosphonis Fertilizer. The use of fertilizers containing phosphorus is prohibiied on all or any portion of the Property. ChJy fertilizers that do not contain phosphorus maybe applied thereon. The recitals set forth above are er^ressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument rh^ day and sear first set forth. DECLARANT: Independent School District No. 278 By:. Its: STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______.2003, by ___________ . day of Notary Public - I if r-', . ■' ‘. r ssesm*. *wi.CTg|ga «3)igR0L wGTea: 2Smmb^ *"*** sjsaaagrasjgagrsaaagapgr • V-, *>/• '. *-r\^\ (:i . -f ■* '••S..rrr-'’ !P^~-1 U '^.3 TV ----- AtuchmentB STORMWATERFACILmr MAINIENANOE These terras apply to the stormwater facStties constnKted pursuant to Minnehaha Geek Watershed Distrkt permit api^ication number 02-058. WHEREAS, Applicant has applied for a periiut from the MCWD punuant to MCWD Rule N, Stormwater Mstnagement; and WHEREAS, the property that is the subjea of this agreement is legally described in the Declaration into which this Attachment is incotporated and the wet retention pond and infiktation basin on the property to wkich these maintenance requirements apply are described in Anachment A - Erosbn GontroC Grading and Drainage Plan dated 10/23/02; WHEREAS, MCWD Rule N provides that a maintenarKe agreement shall be submined for stormwater treatment ponds, outlet structures for such poods, culverts, outfall structures and all other stormwater facilities, and that the maint^nanf^ agreement shaD specify methods, schedule and responsible patties for maintenance and must mchide at a minimum, the elemenu contained in the Distrkt’s h^tenance Agreement Form. NOW, THEREFORE: 1. Applicant shaU impea the stormwater retention and treatment basin(s) at a minimum of once a year to determine if the basin’s retention and treatment characteristics are adequate. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by Vi of its original design volume. Based on this inspecrion, if the stormwater basin(s) is identifi^ for sediment cleanout, Applicant shall restore the ba$in($) to its original des^ contours within one ]ear of the iiupection date. 2. Applicant shall inspea the grit chambers, tump catch basiiu, sump manholes, outlet structures, culverts, outfall structures or other stormwater facilities for the projea in the spring and fall of each }car. Applicant shall remove all sediment and debris during the inspections such that the stormwater facthties operate as designed and permitted. 3. Violation of the inspection and/or maintenarKe provisions of this Agreement is a violation of the MCWD permit for the projea for which the MCWD may take action against the Applicant. PROPOSED LEASE DESCRIPTION FOR ORONO BASEBALL ASSOCIATION IN LOT 2. BLOCK 1. ORONO SCHOOL EXPANSION HENNEPIN COUNTY. MINNESOTA PROPOSO rcw LCASC OLSCRPVOH Thot part of Lot 2, Bk>ck 1. ORONO SCHOOL EXPANSION. Mch Rot oast of Ow woot 140 foot thoroof and rjrih of tho foRowIng dttcrlbod Rno: Bogtnning ot tho IntorMctlon of tho oost Ino of uAi w#«t 140 foot with tho north Ino of tho touth 253 foot of sold Lot 2; thonco on on otnonod boortng of South 09 dogrooo 39 mlnutoo Coot dong toid north Ino of tho south 253 foot o diotonco of 170 foot; thonco North 35 dogrooo Coot o dtotonco of 106 foot; thonco North 60 dovoos Cost to tho Coot Rno of sold Lot 2. ond sold Rno thoro onAig. rr ^ c::) o ^ XN CROGRONBERG t ASSOCUTSS, DiC os 449 K OILOW nt 10N6 lAKC. 101 95)9# 092^79-4141 I loior cBnrv n«*r ii« nm mM or is oo imu m oiscf OUT I m A mJLT uBom mtmmmmummmmamm OATC ^ lii 21. 1- •aO 6/19/01 «iNS 01-216 Application # Date Received _ r-6-1<^ -S-OCib Amount Paid JSO. CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1030 old Crystal Bay Road. Orono. MN Type of Application to be Filed CnntHtinnal ll«je Permit; Renewal Property Identification Number (P.l.D.) 28-118-23-43______________ APPLICANT Name Thomas Palmqulst* Address 6155 Stone Court Phone (home ) f783i 47g-3 ‘>42 Phone (work) (6121 B65-4/.24 ___________ City Maple Plain4 MN Zip55359 *0n behalf of Orono Baseball Association OWNER (if different than applicant) Phone (home)____________ Name Independent School District 278 _______ Phone (wolk) Address 685 Old Crystal Bay Road _____ City Orono, MN_______Zip 55356 Date Property Acquired Unknown I (do) (do not) also own the adjacent parcels of land. _ (month/year) FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP appHcaiiun ______S250.00 Residential Accessory Use ______S250.00 Institutional (church, school, etc.) ______S250.00 Guest House/Guest Apartments ______S250.00 Duplex Credit/Bldg ______S32S.00 Commercial/Industrial Use ______$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule SI50.00 Renewal Fee (no change fiom original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____S2 75.00 Commercial Site Plan Review (+ consultant fees) ______S300.00 Vacation _____S250.00 Easement Vacation ______SI00.00 Easement Vacation With Subdivision _____S350.00 Rezoning (I’UD - refer to fee schedule) _____S375.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule rr^ •r.%u •:)V,-a J-'s REQUIRED SUBMITTALS *• Completed Application Form. X Describe request in detail.2. 3. 4. 5. 6. 7. 8. 9. JL- Certified Property Owners List of owners within 350*, labels and plat map (you Hennepin County Department of Finance- A-603, Government Center, 348-3271). ~ SbnnSon^^ Survey (signed by a licensed surveyor) - refer to handout for survey x_ Attach legal description to application if not included on required survey. X_ Topographic survey (existing and proposed contours) if land alteraUons involve changes in elevation (grades). — “’V!,'®'' “!1I “ *'••“> "f •“ *n interest in theproperty. This would include name(s) of applicant(s) if not current owner(s). 3C— Construction plan, if applicable (see staff for requirements). — As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ^ fuS^ ^ documents, plans, etc. to be The Applicant and Property Owner must sign this application. Please remember that vour application is not complete if the above information has not been included. ^ Certification by Clerical Department that Land Use Application is complete. Imtials of Clerical Staff:____________________ APPLICANT’S SIGNATURE Applicant’s signatun Date OWNER’S SIGNATURE Owner's signature (SEE attached letter )Date Applicant must have all submittals into the Citv ofnees <t>v< *k> i>i ^ ... <=»“«“• 'f - wuc... u :>.c t iI y { Orono Baseball Association P.O. Box 503 Long Lake, MN 55358 Doug Jerde, President (763) 479-2868 March 18,2003 Q qt of Orono 2750 Kelley Pathway Orono, MN 55356 Anention: Mr. Mkhael Gaffron RE: Conditional Use Pemtit Renewal - Expansion of Lee Carlson Baseball Fields 1030 C^d Crystal Bay Road, Orono, MN Please consider this letter (with attachmenu) an application by the Orono Baseball Association for renewal of a Conditional Use Pennit for the construction of a proposed ^ew little league baseball field on property owned by the Orono Public Schools. This new field •’ill be used by conununity based )it>uth baseball and youth soccer organizations. Assuming the Qty Orono approves this request, the Orono Baseball Association intends to commence construction of rhi< facility late May, 2003. Funding for the improvements contemplated is in place. An Amendment to the Ground Lease with School Distria # 278 is in process and ^ be executed upon Qty approval of this request. The field would be ready for pby during the 2004 seasotL Enclosed in support of this application are the following items: Conditional Ihe Permit application. Orono Public Schools approval lener, dated July 12,2001 Orono Qty Council Resolution # 4689 (File No. 01-2703) which approved the initial request for Conditional Use Permit through September 10,2002. Certified Property Owners List of all owners within 350 feet of this property. Certificate of Survey/Legal Description. • Conditional Lhe Permit Renewal Fee of S150.00. • Three copies of large, to scale drawings, and tw-o 11 ” x 17 ” reductions of same. These drawings are as follows: - Sheet 1 - Title Sheet dated 5/17/02 - Sheet 2 - Existing Conditions and Removal Plan dated 5/17/02 - Sheet 3 - La)out and Fencing Plan dated 10/23/02 - Sheet 4 - Erosion Control, Grading, and Drairuge Plan dated 10/23/02 - Sheet 5 - Paving, Reference and Landscape Plan dated 5/17/02 - Sheet 6 - Site Details dated 5/17/02 - Sheet 7 - Site Details dated 5/17/02 Note that I have had several conversations with Mike Wyatt at the Minnehaha Qeek Watershed District. MCWD Permit # 02-058 is complete pending execution of a Declaration and Stormwater Facility Maintenance Agreement by Independent School Distrkt No. 278. This document will be e.xecuted and recorded upon (council approval of the Conditional Use Pennit. A copy of the Declaration and Stormwater Facility NIaintenance Agreement is attached hereto. .3 Orono BaMball Association P.O.Box 503 Long Lako, MN 55356 Doug Jerdo, ProsMent (763) 479-2868 Please also note the fdbwing: • These constmction plans provide for the future addiuon of a walking/bikii^ trail abng the north edge of the property. The Orono Baseball Association will work with the School Distr^ the Qty of Orono, and Hennepin County to determine the appropriate trail location. • The bleacher des^ capacity shall not exceed 288 people. • No parking signs shall be placed along the new road and in the drop off zone to not block vehi^ from enterir^ or exiting the new parking area. Please contaa me direcdy if you have any quesuons or if you would like to nxet to discuss our request further. It is understanding that this matter will be heard at the Aprfl 21, 2005 Planning Corrunission meeting, and the May 12,2003 Gty Council meeting. Sincerely, Orono Baseball Association Thomas P. Palnx)uist OB A Board Mernber Enclostires Cc: Doug Jerde, OB A President 7j •r?) I k f I i : i FROM :FAX NO. :Jul. 14 2001 12:49PM PI t>-S V July 12,2001 To Wbom It May Concern: MUMOiMKIimO. iwoHiBOCNT xhe Olono Bond of Eduction, t its May 14, 2u01 meeting a|)proved die Basdiall MUL4.UIWCW KeM^ultiuae Deaign presmted by the Orooo BasebaU Associati<m fbr the approximate 4 of land located directly east of the Lee Carlson Little League Fields. Ibe Board directed the district’s administration to develop a lease document for the use of diis land. Sudi document is currentfybemg developed by attornor Tom Crotiy and will be available * soon. Signed; Neal I ORONO PUBLIC Schools DWTRICT Office 685 Old C rystal B ay ROAD north . P.O. Box 46 • L ong L ake , Minnesota 553564)046 • 952-449-8S00 9S2-448^»9 FAX MCOMM. ewBiiuwn ft r rv:'--' ra^s/i-. • ... > ;1 fc'v tes ^•4 ’fi ^ r- mm • '■ V..;i.^v *•?■.< ' VV' .^y■ f--::V-;r^;i':‘:'r-^;-'7’ >^ ^'\^v.f'-:-v. ■jK:?' >■ - ■ '• • • ■ . \ i ■lik.'.>^:.-difl • ••<'.: ■ ♦. ■;r'Svi;i'i »f»*- *-• RUNDATi::J/l7/20U *HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 2 3t 2IMt23440020 PROPAOOR 3« ADDRESS UNASSIGNliD OWNER NAME WILLOW VIEW DEVELOPERS LLC TAXPAYER WILLOW VIEW DEVELOPERS LLC NAME/ADDR 1521 MTH LANE MPLSMN SS449 3t 3311823110003 PROP ADOR 38 ADDRESS UNASSIONEO OWNER NAME DAHLSTROM DEVELOPMENT LLC TAXPAYER DAHLSTROM DEVELOPMENT LLC NAME/ADDR 7745 POLARIS LA MAPLE GROVE MN 55311 38 3311823120007 PROPADDR 2700 KELLEY PKWY OWNER NAME HRACITYOFORONO TA3CPAYER HRACITYOFORONO NAME/ADDR 1335 BROWN RDS WAYZATAMN 55391 38 33II8232I000I PROP ADOR 765 OLOCRYSTALBAY RD N OWNERNAME SCHOOL DIST NO 11 TAXPAYER ORONO SCHOOL DBT 0278 NAME/ADDR 685 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 A rtmmmL I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATEONTHE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BEUEF. _ DATE-^llZ:^ BY 7 \ 1^;:; m .{ '-’’") '>»■ Jl o o o o rr o O fv"- • * • L« 'n k- RUN DATE :J/I7/»D3 31 2SIII233IOOOI PROP ADDR 2940 SIXTH AVE N OWNER NAME STONEOATE FARM INC TAXPAYER STONEOATE FARM INC NAME/ADUR MS I FLYING CLOUD DR EOENPk/ IIEMN SS344 38 28II8234I000S PROP ADOR 38 ADDRESS UNASSIGNED OWNER NAME THOMAS P CARROU TAXPAYER THOMAS P CARROLL NAME/ADDR 2600 6TH AVE N LONG LAKE MN SS356 38 2811823420002 PROP ADDR 2700 SIXTH AVE N OWNER NAME JOHN LEIN TAXPAYER JOHN H LEIN NAME/ADDR PODOXI77 LONG LAKE MN SS3S6 38 28II82343000S PROP ADDR 770 OLD CRYSTAL BAY RD M OWNER NAME IND SCHOOL DIST #278 (ORONO) TAXPAYER ATIN SUPERINTENDENT NAME/ADDR IND SCHOOL DIST #278 (ORONO) 685 OLD CRYSTAL DAY RD N LONG LAKE MN SS3S6 38 2811823440006 PROP ADDR 8SS WILLOW VIEW DR OWNERNAME L A PETERSON A D PETERSON TAXPAYER LEE A DARLENE PETERSON NAME/ADDR 17842 CASCADE DR EDEN PRAIRIE MN S5347 38 2811823440009 PROPAMNt 94S WILLOW VIEW DR OWNERNAME WILLOW VIEW DEVELOPERS LLC TA)(PAYER WILLOW VIEW DEVELOPERS LLC NAME/ADDR 1321 94TH LA N E MPLSMN 53449 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2811823340003 PROP ADDR 795 OLD CRYSTAL BA Y RD N OWNERNAME Sai00LDISTN0 278 T/0(PAYCR ORONO SCH DIST NO 278 NAME/ADDR 685 OLD CRYSTAL BAY RD LONGUKEMN 53356 38 2811823410006 PROP ADDR 1005 WILLOW VIEW DR OWNER NAME WILLOW VIEW DEVELOPERS IXC TAXPAYER WILLOW VIEW DEVELOPERS LLC NAME/ADDR >321 94TH LA N E MPLSMN 55449 38 2811823420003 PROP ADDR 2600 SIXTH AVE N OWNERNAME THOMASPCARROLL TAXPAYER THOMAS P CARROLL NAME/ADDR 2600 SDCTH AVE N LONGUKEMN 55356 38 2811823430010 PROP ADDR 800 OLD CRYSTAL DAY RD N OWNERNAME IND SCHOOL DIST NO 278 TAXPAYER IND SCHOOL DIST NO 278 NAME/ADDR ADMIN OFFICE-SUPERINTENDENT 600 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 38 2811823440007 PROP ADDR 905 WILLOW VIEW DR OWNER NAME HANS P BERGH/SHARON P '’UGH TAXPAYER HANS P A SHARON P BERGH NAME/ADDR 10809 CHATHAM CTN BURNSVILLE MN 55337 38 2811823440010 PROP ADOR 965 WBJX3W VIEW DP OWNER 8MME WILLOW VIEW DEVEL JPERS LLC T/LXPAYER WILLOW VIEW DEVELOPERS LLC NAME/ADDR I32I94THUNE MPLSMN 35449 ^9. PAGE: I 38 2811823410004 PROP ADDR 2300 SIXTH AVE N OWNERNAME LEW A ERICKSON TAXPAYER LEW A ERICKSON NAME/ADDR 718 I29TH AVE N E BUINEMN 55434 38 2811823410007 PROP ADDR 1025 WILLOW VIEW DR OWNERNAME PJQUILTYPJQUILTY TAXPAYER PATRICK PJUUE QUILTY NAME/ADDR 1025 WILLOW VIEW DR LONG LAKE MN 55336 38 2811823420004 PROP ADDR 38 ADDRESS UNASSICNEO OWNERNAME LOUT A JEANNINEJ BEASLEY TAXPAYER CHAD A ANN-MARIE GROCHOWSKI NAME/ADDR 1265 MAPLEWOOD DR MEDINA MN 55356 38 28II8234300II PROP ADDR 2680 KELLEY PKWY OWNERNAME CITY OF ORONO TAXPAYER CITY OF ORONO NAM E/ADDR OLD CRYSTAL BAY RD LONGUKEMN 55356 38 2811823440008 PROP ADDR 923 WILLOW VIEW DR OWNERNAME WILLOW VIEW DEVELOPERS LLC TAXPAYER WILLOW VIEW DEVELOPERS LLC NAME/ADDR 1321 94TH U N E MPLSMN 53449 38 2811823440011 PROP ADDR 98v WILLOW VIEW DR OWNERNAME Wi. *OW VIEW DEVELOPERS LLC TAXPAYER WILLOW VIEW DEVELOPERS LLC NAME/ADDR I32I94THUNE MPLSMN 33449 QQ 1 I Jm TrriTtTTrE i I 11 no I TTiKiiiitiLiiL riTiTO RTTiWilV^ riWniTfl •I^l] nKmiitiaiti riMiHTitrm rtvoictj p.WWi Frifiiiti] III* RTiimti Rivniiiiiii rnriini]rutuinrwiriiii )VAU TrnTT^wmm ^ r PLANNING COMMISSION: Planning Commission recommended by a 4 to 3 vote to: Approve the requested variances with the following conditions: 1. Grading plans must illustrate proposed contours between the house and the street; 2. Plans should show the proposed driveway location and grades that do not exceed 10%; 3. Site grading between this parcel and the 1280/1290 Spruce Place lots should be coordinated; 4. Erosion control should be installed, inspected and approved prior to any work on the site; and 5. No additional hardcover for landings, patios, etc. will be permitted beyond what is proposed on the plan. The Planning Commissioners who voted to deny this application agreed with staffs recommendation that there was no hardship to support hardcover in excess of 2S% permitted in the 75 ’ to 250 ’ setback zone for new construction on the lot. The Planning Commission identified the following hardships for this application: 1. The lot is wider at the OH WL of Lake Minnetonka than at the street due to its pie*shape; 2. More than half of the lot area is located within 75 ’ of the OHWL of Lake Minnetonka where no structure or hardcover is permitted; and 3. Due to the shape of the lot, the smaller portion of the lot contains the developable area, restricting development more than if the lot was rectangular. STAFF RECOMMENDATION: Staff recommends approval of the requested lot area, hardcover in the 0-75 ’ setback zone, grading within 75 ’ of the OHWL, and filling in a bluff impact zone with the conditions noted above. Staff can not support the requested hardcover exceeding 25% in the 75 ’ to 250 ’ setback zone for new construction since, in staff s opinion, no suitable hardship can be identified. Therefore, staff recommends denial of the variance for hardcover in the 75 ’ to 250 ’ setback zone. COUNCIL ACTION REQUESTED: Staff requests that the Council take the following action: 1. Approve the variances for lot area, hardcover in the 0-75 ’ setback zone, grading within 75' of the OH W’L, and filling in a bluff impact zone with the conditions noted by the Planning Commission; 2. Take action regarding the requested hardcover variance in the 75 ’ to 250 ’ setback zone; 3. Direct staff to draft a resolution reflecting the Council ’s action for adoption at the May 27, 2003 meeting. 2 ! Application Received: Application Complete: 60 Day Deadline: 3/19/03 4/1/03 5/30/03 TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jennifer Chaput, City Planner DATE:April 23,2003 SUBJECT:#03*2886 Dr. Dennis and Diane Killian 1300 Spruce Place Variances - Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (I acre) 0.47 acres (20,300 s.f.) Application Summary: The applicant requests the following variances to permit construction of a new residence on the property: 1. lot area of 20,300 s.f. (0.47 acres) where 43,560 s.f. (1 acre) is required; 2. hardcover within the 0 to 75 ’ lakeshore setback zone: 274 s.f. (2.47%) where none is permitted; 3. hardcover within the 75 ’ to 250 ’ lakeshore setback zone: 3,367 s.f. (36.6%) where 2,298 s.f. (25%) is permitted; 4. grading and filling within 75 ’ of the OHWL of Lake Minnetonka where no grading nor filling is permitted; and 5. placing fill in a bluff impact zone where no fill is permitted.____________________ Exhibits: A Analysis Worksheet Application Survey Site Analysis Hardcover Calculations Proposed Floor Plans and Elevations Topography Map Plat Map Property Owner’s List Permit Record B C D E F G H 1 J tt03-7886 Dr. Dennis and Diane Killian 4/23/2003 Page I of 7 L Pertinent Code Sections: 1. Section 10.24, Subd. S (B): Minimum Requirements: The following minimum requirements for the LR-1B District shall be observed: lot area 1 acre. (Request: To allow a lot area of 20,300 s.f. (0.47 acres) where 43,560 s.f. (1 acre) is required). 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (LXl) & (2): Hardcover within 75*: Within 75 ’ of the sh'' iline there shall be no excavating, filling, hardcover, temporary or permanent structures. (Request: To allow 274 s.f. (2.47%) hardcover within the 0 to 75 ’ lakeshore setback zone where none is permitted). 3. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover within 75* to 250*: Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. (Request: To permit 3,367 s.f. (36.6%) hardcover within the 75 ’ to 250’ lakeshore setback zone where 2,298 s.f. (25%) is permitted). 4. Section 10.56, Subd. 16 (JK2): Grading and filling of more than 10 cubic yards within 75*: Grading, filling or excavating of more than 10 cubic yards is prohibited within 75' of the Ordinary High Wat^r I evel of public waters. (Request: grading and filling within 75 ’ of the OHWL of Lake Min netonka where no grading nor filling is permitted). 5. Section 10.56, Subd. 16 (J)(5)(h): Filling in bluff impact zones: Fill or excavated material must not be placed in bluff impact zones. (Request: placing fill in a bluff impact zone where no fill is permitted). Discussion: Lot Area The existing area of the lot is 20,300 s.f (0.47 acres) where 43,560 s.f. (1 acre) is required for the zoning district. The existing lot width is 117’ at the 75 ’ setback from the OHWL where 140’ is required for the district, meeting the 80% requirement and, therefore, not requiring a lot width v ariance. Neither the area of the lot nor the width is proposed to change with this application. However, a lot area variance is necessary because new construction is proposed on the lot. Required Setbacks The proposed home is located 80 ’ from the OHWL of Lake Minnetonka, meeting the required 75 ’ setback. It is also located 35 ’ from the street, meeting the minimum 30 ’ setback requirement. The proposed side setbacks e'.so exceed the 10’ minimum requirement. The architect for the applicants has stated that the overhangs on the proposed home will not encroach more than 1 ‘A' into the side yards. Average Lakeshore Setback There is one home located to the south of the property and a vacant lot to the north. .Since there is only one adjacent neighboring lakeshore home, the average lakeshore setback is calculated according to the setback of the adjacent residence from the OHWL. The house to the south is located 75 ’ from the OHWL. The applicants’ proposed structure does not encroach into the average lakeshore setback. 1 leight The proposed house is 29 ’ in height from the existing grade of 966 ’ with a walk-out level on the >*03-2886 Dr. Dennis and Diane Killian 4/23/2003 Page 2 of 7 I ifVlaM iili II ■■ I iftimi III ! lakeside and two stories above the original grade. The proposed height meets the City’s requirement of 2 '/i stories and 30’. Lot Coverage Bv Structure The proposed lot coverage by structures on the property is 2,551 s.f. (12.6%). Since the proposed structural coverage is below the maximum allowed of 3,045 s.f. (15%), a variance is not required. Hardcover 0-75 ' Setback Zone There is 11,110 s.f. of area in the 0-75 ’ setback zone. There is currently 2,254 s.f. (20.29%^ of hardcover within this zone where none is permitted. The existing hardcover consists of a portion of the existing home, various retaining walls, stairs and landings providing access to the lake. A steep slope from the house to the shoreline exists, requiring retaining walls and stairs to the lake. The proposed home will be located outside of the 0-75 ’ setback zone. The applicants propose to keep some of the existing retaining walls and stairs within this setback zone, totaling 274 s.f. (2.47%) of hardcover where none is permitted. Stairways within the 0-75 ’ setback zone are permitted if they do not exceed 4’ in width and are built on the most inconspicuous portion of the lot. The stairs that are proposed to remain on the property meet these criteria. However, they do not reach the shoreline nor provide direct access to the proposed dock. 75 ’-250 ’ Setback There is 9,19G s.f. of area in the 75 ’-250’ setback zone. There is currently 2,785 s.f. (30.3%) of hardcover within this zone where 2,297.5 s.f. (25%) is permitted. The applicants propose to increase hardcover within this zone to 3.367 s.f. (36.6%), exceeding the 2,297.5 s.^ (25%) maximum permitted. The proposed plan views of the home indicate two doors and an optional lower garage on the walk out level. The applicants are not proposing to have any hardcover landings outside of the doors nor in front of the optional garage (used for seasonal storage only). Grading/Fillinc w'ithin 75 ’ of the OHWL The existing house is located within 75 ’ of the OHWL of Lake Minnetonka. Demolition of the existing house will leave a hole in the grade that will require some filling and grading before the new home can be constructed farther back on the property. Since grading and filling of more than 10 cubic yards within 75 ’ of the OHWL is prohibited, a variance is required. The applicants do not propose to do any additional work within the 75 ’ setback from the OHWL. If any changes to the retaining walls are necessary in the future, the applicants will be required to go through the variance process for approval. <i03-2S86 Dr. Dennis and Diane Killian 4/23/2003 Page 3 of! 1 Blufls BlujfAnalysis A bluff analysis was conducted to determine if there is a bluff on the property. The following criteria were analyzed and all were found to be true: 1. Part or all of the feature is located in a shoreland area: Yes 2. The slope rises at least 25’ above the OHWL: Yes 3. The grade of the slope from the toe of the bluff to a point 25’ or more above the OHWL averages 30% or greater: Yes (92.6%) 4. The slope must drain toward the water body: Yes. Bluff Impact Zones The top of the bluff is located 44’ from the OHWL at 958’ in elevation. The bluff impact zone is defined as the land within 20’ from the top of the bluff. Within this zone, no structures or accessory facilities (except stairways, landings and lock boxes) are permitted. The existing house is partially located within the bluff impact zone whereas the proposed house is located completely outside of the zone. However, existing retaining walls and stairs are proposed to remain within the impact zone. Grading Within Bluff Impact Zones Since a portion of the existing home is located w ithin the bluff impact zone, some grading and filling will be required when it is demolished. Placement of fill or excavated material is not permitted within bluff impact zones so a variance is necessary. Setback from the Top of the Bluff There is also a structural setback of 30’ from the top of the bluff. The existing home is located as close as 6’ from the top of the bluff whereas the proposed home is 42’ from the top of the bluff, meeting the required setback. Other Comments: City Engineer The proposed plans have been submitted to the City Engineer for rev'ew. To date, no comments have been received. DNR Since the bluff will be restored with this application and not further impacted by development, the DNR did not wish to review the proposed plans. Docks A dock is proposed on the property. Seasonally installed docks are permitted as an accessory use on residential lakeshore properties which contain a residence. Since there has been a seasonal Qv.v'k at this propert) in the past, the dock will not require a City permit. The placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District. U03-2886 Dr. Dermis and Diane Killian 4/23/2003 Page 4 of? _jiiiil. History: In 1972, variances for lot area and lot width (zoning file #S-57) were approved to permit construction of a new home on the property. Lots 5 and 6 were combined, creating a lot area of 28,000 s.f. and lot width of 65’ at the street and 160 ’ at the lake. The variances were granted because the combined lot was equal in size to most lots in the area. Hardship: . , The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The proposed structure meets the minimum setback requirements, height, structural coverage and average lakeshore setback; 2. The hardcover in the 0-75 ’ setback zone will be reduced from what exists, maintaining a portion of the stairs to access the lake and retaining walls; 3. Replacement of the retaining walls and stairs is not proposed in the 0-75 ’ setback zone at this time and would require a new application in the future; 4. The proposed home is located outside of the bluff impact zone and meets the required setback from the top of the bluff whereas the existing house does not; 5. Removal of the existing house will require grading and filling within 75 ’ of the OHWL and within the bluff impact zone; 6. Although there are two doors shown on the lakeside of the walk out level of the proposed home and an optional below-grade garage, there will be no hardcover landings outside the doors nor driveway extension serving the garage; 7. The hardcover in the 75 ’-250 ’ setback zone is proposed to exceed the maximum permitted; 8. It is the applicants’ responsibility to contact LMCD regarding dock placement on Lake Minnetonka; 9. Other issues raised by the Planning Commission. Staff Recommendations: Staff can support the variances for lot area, hardcover in the 0-75 ’ setback zone, grading within 75 ’ of the OHWL, and filling in a bluff impact zone. However, staff can not support the variance for hardcover exceeding 25% in the 75 ’ to 250 ’ setback zone. It is the City ’s policy that all new construction meet the hardcover requirements when possible. Given the size of the property, it is possible to meet the hardcover requirements and still build a new home. It has been suggested by the applicants that the fan-shape of the property is a hardship since more than half of the property is located within 75 ’ of the OHWL as a result of the shape. However, even though the lot is oddly shaped, there is still a significant amount of buildable area outside of the 75 ’ setback from the OHWL. #03-2886 Dr. Dennis and Diane Killian 4/23/2003 Pages of? 4 Staff would remind the Planning Commission that hardcover and lot coverage variances have consistently been denied for reconstruction on similar sized (approximately '/a acre) lots in the '/a acre and 1 acre zones over the past 4 years. The comparison with the '/a acre zone is a fair one since the hardcover, setback and lot coverage standards are virtually identical with those of the l>acre zone. Recent lakeshore rebuilds (2002-2003) that compare with the current proposal include: - Soojian at 4496 North Shore Drive (100' width, 0.55 acres, no HC or lot coverage variances granted) - Twidwell at 1865 Concordia Street (102* width, 0.56 acres, granted 32.4% HC due to tree hardship limiting home placement, no lot coverage variance) - Lindberg at 3440 North Shore Drive (100* width, 0.47 acres, met all HC and lot coverage limits, no variances) - Goldberg at 1160 Loma Linda Avenue (113' width, 0.68 acres, no HC or lot coverage variances grant<*d) • Cable at 3532 Ivy Place (100' width, 0.522 acres, denied variances for HC exceeding 25%) Staff recommends tabling the application to allow the applicants to decrease hardcover in the 75’ to 250 ’ setback zone to no more than 25% by redesigning the proposed home. For example, a home set at the 30 ’ street setback with a 600 s.f. driveway and 100 s.f of sidewalk could have a footprint of 1,600 s.f.. lt03-288( Dr. Dennis and Diane Killian 4/23/2003 Page 6 of! ' ^ f. ANALYSIS WORKSHEET LR'IB Lot Requirements: Hardcover Calculations: Lot Coverage By Structure: Setback from Top of Bluff: H03-2886 Dr. Dennis and Diane Killian 4/23/2003 Page 7 of 7 A Dimensions Required Existing Proposed Lot Area 43,560 s.f. (1 acre) 20,300 s.f. (0.47 acres) 20,300 s.f. (0.47 acres) No Change Lot Width 140’117’(at the 75 ’ setback) 163’(at the OHWL) 117’(at the 75 ’ setback) 163’ (at the OHWL) No Change Setback from the OHWL 75 ’42’80’ Rear Setback (Street) 30’82’35’ Side Setbacks North South 9- mo o25’ 32.5’ 13’ 10’ Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75 ’ll,I10s.f.none 2.254 s.f. (20.27%) 274 s.f (2.47%) 75 ’-250’9,190 s.f.2,297.5 s.f. (25%) 2,785 s.f. (30.3%) 3,367 s.f. (36.6%) Permitted Coverage Existing Coverage Proposed Coverage 3,045 s.f. (15%)1,815(8.9%)2,551 s.f (12.6%). Required Setback Existing Setback Proposed Setback 30'12’42 ’ r •—f Rpr 22 2003 11t32RH BONESTROO R08ENE RNOERLIK 651B361311 P» 1 • « t V •K • • .• w* jjj^J Bonestroo Roscne wv AndertikSt Associates ^^gineers & Architects '* ■" Ac«I«VC4uM Op^riwMIy Imployw **• • « • ««W. a. Cook. n.. itoMM a sciwmcm. p* .Jerry A. •ouraer <(. • Mwk A H«uorv PX —m. *«wcni. r*. . • i '• April 7,2003 Stniar ConMliamc W. RaMn*. U. • yoMpit C Andcriik. Pt • Richard C lUnar.«. • Sui«i M Ihanm. C#A Gordon, PJ. • Robert R. Pfafrerlt. PC.. Richard W Potter. Pf . OavM O loMota. Pt • » *• "• * Pt . tare R Reir.. PR . Oa«M A Re^tde^Vi:; ! Sidney p. ^amien. PE, ul • Agnet M. Rina. **XA.. ANan Rick Schmidt. Pf. . rnemat Vk Peiartan. Pt. Jamei R. Malant pt • Mlci t Jenien, Pt • U PhtlRp Onvtl It PR. • o«tel J. f daarton. Pt • Ivnad MarUnat. Pt. rrHhna.ASyr»o.Pt.Shetdonj.ior««n.OamA<ko»tPt ’ orricRt: $1. Paul. St. ciotMi. Rochester and wiNmar. MN • MUwaiAtt. W1 • Chicago. IL MOfltai www^oooitroo.com ■>; ‘Jennifer Chaput ’V.i. v;U • >,. • Planner . •V,;- ;V . V City of Orono < ^',. • > ( . v , Post Office Box 66 . ‘ “ - '‘v • Crystal Bay, MN 5S323 r>-.M •* i • .♦ Re: 1300 Spruce Place File No. 139-03-000 Plat No. 03-2886 • ' . -a ■< Dear Jennifer;• •* % * We have reviewed the certificate of survey and proposed grading plan for the property located at 1300 Spruce Place. The plan proposes to remove the existing house and construct a new home on the parcel. We have the following comments with ngards to engineering matters: • • • . • The grading plan is lacking proposed contours between, the house and the street; plans should be revised to include these proposed contours. • If the plans include retaining walls that exceed four feet in height a separate engineered design submittal is required • The plana should show the proposed driveway location. Driveway grades should be noted on the plans and shall not exceed 10%. • Site grading between this parcel and the adjacent parcel to the northeast should be coordinated. Please see cur comments for application 03-2885. • Erosion control should be installed, inspected and approved by the City prior to any work on the site. If you have any questions please call me at (651) 604-4863. Yours veiy truly, BONESTROO, ROSENE, ANDERLDC & ASSOCIATES, INC. /^TM Tom Kellogg Cc: Greg Oappa, City of Orono \ •. 2335 West Highway 36 • St. Paul. MN 55113 • 651-636-4600 • Fax; 651-636-1311 F' ' Appiartioo # o3-X^r6> Date Received <9-0^ Amount Paid “Z^Ol QQ CITY OF ORONO - VARIANCE APPLICATION Initial AppUration Fee S2S0.00 ($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 Site Address: 1300 Spnice Place-Orono,MN Property Identification Number (P.I.D.) 08-117-23-32-0016 Attach legal description to application if not included on required survey. Date Property Acquired: November 2002 I (Dennis Killian) do (do -not) also own the adjacent parcels of land.- 1280 & 1290 Spruce Place Present use of property: __ksidential 1 __oth er-<y eoi^)______________ Zoning District:_________________________________________________ APPLICANT Dr. Dennis and Diane Killian 952-449-0226 400 Highcroft Road Wayzata,MN 55391 OWNER (same as applicant) DESCRIPTION OF REQUEST Please See Attached. Estimated Construction Cost: $750,( VARIANCES REQUIRED ^ Lot Area __Lot Width Hardcover __Lot Coverage __ Setback: __Front ___Side ___Rear Average Lakeshore Other (specify)________________________________________________ HARDSIflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difflculfy or unusual property conditions prevent compliance with Zoning Code requirements: Please See Attached REQUIRED SUBMITTALS Ail Pf the, following informatiop mu»t be submitted bv the annligatinn dcadlin* da** order for vour apoUcation to be conaidared complete; ' 1. 2 4. 5. 6. 7. & Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map fiom Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey(signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8 1/2" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8 1/2" x 11" for i^productiom Sketches or plans of floor & elevation views (provide one (1) copy 8 1/2" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. ITiis 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 application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour »JtPlicaliPB is not complete if the above information has not he#n included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the 3^ OWNER'S SIGNATURE The owner hereby 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 purposes of ipv&tigation and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. *7* • . fy ] : f I L /a v^.K •« ij V *V V /•'• V •; • - • . •• •# • W » • f .•:v;\f" •. r •I - " S-.1 Dr. Domis and Diane Killian Variance Application 3/18/03 DESCRIPTION OF REQUEST We are a couple who are raising our niece in our home. We would like to build a lakeside home to live in which is sufficient size for us to comfortably raise our niece. Our request is that we can build such a house, or. our double lot, as it is described in this Variance application Additional Background Information ; (This section was written with the Toths, our new neighbors, with whom we coordinated our home design. So, it is very similar to the description in ^eir Variance application) We own 3 adjacent properties and are plarming to build a home for ourselves at 1300 Spruce Place and sell 1280 and 1290 Spruce to the Toths, a very nice couple, for their retirement home. We are extremely sensitive to the delicate lakefront ecology and have worked closely with the Killians and our designers to come up with a plan, which will significantly improve the beauty and lakefront environment of these adjacent parcels. In a nutshell, the net impact of our two proposals (Toths’ and Killians’) is to remove about 3,000 square feet of hardcover from the 0’-7S’ lake finnt zone. 3,000 square feet is the equivalent of one good sized or two extremely modest homes. The only man made items left in that zone are essential existing retaining walls needed for erosion control, and existing stairs so that we can walk to the edge of the water. Additionally, the net effect of our two proposals will be to reduce the overall site hardcover from 42% to 39% while removing a significant portion of hardcover which is presently in the 0’-7S zone and placing a reduced amount well within present day set backs. We have met several times with Orono planning ofQcials and have continued to reduce the .size of our proposed home until it has reached what we consider a functional mimmum HARDSmP/DESCRlPTlON OF UNUSUAL PROPERTY CONDITIONS As is the case with our future neighbors, the Toth’s, it is our understanding th&* Uiese lots were subdivided at a time when the city’s lot requirements were much smaller. Subsequently, the area has been re-zoned with much higher minimum lot size requirements. This re-zoning has created a hardship by making historically buildable lots unbuildable. We therefore request that the city grants us a variance regarding minimum lot size and maximum allowable hardcover for these lots. Additionally, this double lot, which we purchased, has a “fan” shape, in which the largest part of the lot is facing the lake. This is one of the things, which made this lot attractive to us. (See Sheet M2 of attached supporting documents.) Unfortunately, this fan shape creates a configuration hardship because the shape of the lot places a high percentage of the lot area in the 0’-7S’ setback. At the same time the i Lj. 5. I I' ■ &*^/h shape of the lot reduces the area of the lot in the 75’-250’ zone. The actual buUdable area, within the 75’-250’ zone, comprises a relatively small proportion of the total lot area. Since the plight of die landowner is due to the circumstances \mique to diis property and were not created by the landowner we feel that strict enforcement of die ordmance would cause undue hardship we request a hardcover variance to build our proposed home. We are very sensitive to the enviroi»niental impact of a new house on a lakeficmt property, especialty in regards to hardcover and preservation of lakefinont For that reason, we are eliminating more than 2,000 square feet of existing hardcover in the 0’- 75* zone near die lake. (2,000 square feet is larger than die footprint of our proposed house) Those existing structures shall be demolished and be replaced by vegetaUon. All of our new structure shall be within die 75’-250’ £cnc of die lot. The overall existing hardcover on this double lot is over 5,000 square feet. We are proposing 3,598 square feet of total hardcover, for a reduction of hardcover of oyer 1,400 square feet (about the size of asmal* home). Our total hardcover is a significant reduction over exUtinp conditions. Because of our sensitivity to planning and environmental concerns, we have already met several times with planning staffand reduced the size of our house fiom the ori^nal plans we discussed. We feel that now our home plans have been reduced to a minimum. Granting us diis variance for site configuration hardship will significantly improve the drainage and ecology of the lakefiront and allow' us to biuld the home that we need for our funily. 1 3 . *—"’A ^ a 4i‘“ ■■■■ - «■■■' 7r:^ o f su^vcr op m9TiN^ CERTFICATE OF SURVEY FOR DENNIS KILLIAN OF LOTS 5 & 6. BLOCK 10. SAGA WLL REVISED HENNEPIN COUNTY, MINNESOTA LAKE MINNETONKA NORTH ARM Ml LEQAL PgSCHtPTiON Of PWOitSgS Lott 5 ond 6. Block 10. SACA HILL RCVISCO • 1 donotot iroo markor found T (iOM|: donotOB tnlillnf fpot oitvtilon. irvofi too lovol dotitn >•••••: dtfioUi ttltUf»9 contour lino, mm too loool dotifn Boorlnoo okoon oro koood upon on oomimd dotun. Tliio ourvoy Intondo to otioo tko Poundorloo of tho obovo doterlbod nrommrtu locot on of on o.lotinp Imoo^d tko locotlonf oil tkoroon. It dooo not purport to okov ony othor kn^rovononto o* oncroocNnoMo. *.4 T ■f f-li-l ________i p>. ' U » f f-4/^ i4 ,-^v .. < - # *V*.. -/ W“ «i' ' -p : ?r4' I?.." m t» V c--- ■^-v i *:p- li?. lean Mil llBlfl lll:lll •s^WM ?5S i.__ ___-.Jm., Mill ■•'■^'*^Stl'!!lliiUill I ______ ^ - -rr^ « =7-:^ -:• - • «,'Y? n 5 ! “i iiiig ■. * # •- •,. UJE5T ELEVATION V Aft Jjfef‘ • I'-c ■ .4. l«<>lHiU«l5fc<<ilff*OiC»i.<»l<fc^»t*feW--lt»i>-«<;»'^ij> Wtj -■ iiiiimiii I -I '-P-ai, i:, :<.iv*PI»*0!*aS p: ."«<««* mm Fl.ti-.:i i S-'f 0 ' *.7 ,! .V A* - .-■‘li.^HfcHi«f*^.b ? r- ■ ■ - ■ ^-. 4- . -}jjM w Arce/ Information Vmrc9i ID 081172332 Houm Nimibmr 1280 f *; • • -•• / ” *1% '*r/v; j-s 8tra«t Hmmm 8PIIUCIPL^. ^ Thislsnot»ltgalfynconi»dnmfi.Ht9p/9$9nU9eonvMianerinhmman tnddtia from CHy, Cotmfy, tndSmo rota m/fhortfioo mid e0m founm. :\ ■iHwilflyinwinifcAmiJliidii iiJtt^iii*iM ifii 11 I r 14 RUN DATE: 2/360003 31 07I17234100S1 PROPAOOR 1J0SSPRUCEPL OWNER NAME CLAYTON R FUCHS TAXPAYER CUYTON R FUCHS NAMB^ADDR 1305SMUCEFL MOUNOMN 55364 3t 0711723410071 PROPAOOR 1295 SPRUCEPL OWNERNAME HENNEPINFORFEITEOUNO TAXPAYER CmrOfORONO NAME/AODR POBOX66 CRYSTAL RAY MN 55323 3t 0011723320013 PROPAOOR 1270 SPRUCEPL OWNBINAME ELAINE E ERICKSON TRUSTEE TAXPAYER ELAINE E ERICKSON NAME/AODR 1270 SPRUCE PL MOUNOMN 55364 31 0111723320016 PROPADDR 1300 SPRUCEPL OWNERNAME KILLIANS GATE LLC TAXPAYER KILUAKSGATELLC NAME/AODR 1300 SPRUCE PL MOUNOMN 55364 31 0011723320026 PROPAOOR 1330 CHERRYPL OWNANAME lAMESOBUaJR TAXPAYER lAMESOBUaJR NAME/AODR 1330CHERRYPL MOUNOMN 55364 HENNEPIN CXXJKIY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 0711723410076 PROPAOOR 1234 tOMAUNOAAVE OWNERNAME KL HOFFMANN A LS HOFFMANN TAXPAYER KENNETH LA UNOA S HOFFMANN NAME/AOOR 1234 LOMA UNOA AVE MOUNOMN 33364 31 0711723410077 PROPAOOR 1234 LOMA UNOA AVE OWNERNAME KLIK)FFMANNALSHOFFMANN TAXPAYER KENNETH LA UNOA S HOFFMANN NAME/AOOR 1234 LOMA UNOA AVE MOUNOMN 33364 31 Oil 1723320001 PROPAOOR 1230 SPRUCEPL OWNERNAME WALTERWWOLFEETAL TAXPAYER PHYLLIS J WOLF NAME/AOOR 1230 SPRUCE PL MOUNOMN 33364 31 OIII7233200I2 PROPAOOR 1260 SPRUCEPL OWNERNAME E A ANDERSON ETAL TRUSTEES TA3CPAYER EVAN A ANDERSON NAME/AODR 1260 SPRUCE PL MOUNOMN 33364 31 Oil 1723320014 PROPAOOR I2W SPRUCEPL OWNERNAME KILUAKSCATELLC TAXPAYER KILUAFTSOATELLC NAME/AOOR 400 HiOHCROFT RO WAZYATAMN 33391 31 0111723320013 PROPAOOR 1290 SPRUCEPL OWNERNAME KILLIANS GATE LLC TAXPAYER KILLIANS GATE LLC NAME/AOOR 1300 SPRUCE PL ORONOMN 33364 31 0III7233200I7 PROPAOOR 1310 SPRUCEPL OWNERNAME JOHNWWALKER TAXPAYER JOHN W WALKER NAME/AODR 1310 SPRUCE PLACE MOUNOMN 33364 31 0III7233200II PROPAOOR 1311 SPRUCEPL OWNERNAME PATRJCMAGROETKEN TA3CPAYER PATRICIA A WALKER NAME/AOOR 1310 SPRUCE PUCE MOUNOMN 33364 I CERTIFY THAT THE FACTS REPRESENTED ARE AN AOCURAH AND TRUE REPRESENTATION OF INFORMAIICm AS IT APPEARS THU DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OPMY KNOWLEDGEANDBEUEF. <7 ^7 7 date X-**/^^ by PAGE: I CO / • fI! r /• 1: } ' } i i \ -y .111. M mit t. /3o^ Sfrue^c PituOL^ <r PERMIT RECORD Pernit No. J4gy Date '7-n-7D- „ -534a 3»rc Type off Perait AJ&ui ____ 9- tS*fLaC. fs- 'Oj-a»D.a ^ -.S)/->^7 ^LJS< N. M-Airr^ n 111 iiir**^-^^. ,... .^.a. “‘^■■IliitaMi l^uitllillMliilii BdeTNd HAffPOOVei ttftURr LOT &/fe TOTAL EXISTING HARDCOVER AREA > 80. FT. %:SJ L0rM8 TOTAL AMA 20300 SO FT r.466 AvCRES; 'I' .>•* r> * r' v V. i \. • .. *>% ^ • • • >. •» V 0 LAKE MINNETONKA ts Jr- V yart«nM for Dr. Domt* 4 Plano Kitlian'* Mono 1300 6PRLJCE PLACE - ORONO;*1N LOT5 8/0 SLOCK lO - 6AdA MILL REVISED PROPERTY ID’S • 00-111-23-32-0018 V'r AREA .11,110 6<a. FT. 1& FT. LINE EXI6iTMa UARDCOveR eiftiARr LOT 5/fe TOTAL EXISTING HARDCOVER AREA . 5j03S Sa FT, UfTM T0TAL4ICA .466 ACRES f20300 SO ft; fO Cl 'I LAKE MINNETONKA erm>M4LTiM6 t/30" • f-®* Nomu MARCM le. 2003 Varianem Tor Dr. Dcmle 4 Dfana Kfllfun'e Mom 1300 SPRUCE PLACE - ORONOriN LOTS S/6 BLOCK 10 - SAGA MILL REVISED PROPERTY ID'S •06-111-23-32-0016 A* V r.' i •• .* Ii. . . • % i' ' 'V.-* A **•> - r* (2)§- AREA «IU10 6a FT. 15 FT. LINE 15'-250' AREA «6.160 Sa FT. SETBACK LAKE MINNETONKA Ik MKi m mm EXISTING STEFS 4 RETAINING IUALLS*23I Sa FT. HARDCOVER*2.l% DOCK LOT 5/6 EXI6TMG HARDCOVER eurtiART LOT 5/6 TOTAL EXISTING HARDCOVER AREA . 5i2>3S SO. FT. L0T8AS PROPOSED HARDCOVER AREA 15'-250' ZONE . 33S1 sa FT..3SjS% PR0PO6ED HARDCOVER eiffURT c c T ^V i n • •%! x' V. t< • • • *• . I • » » f •i • . ‘v •* If- LOTS/S TOTAL PROPOSED HARDCOVER AREA.33S6 SO FT. LOT ^S TOTAL AREA .466 ACRES ^20300 Sa FTJ 1/30* a I'-tf" NOHTM•0 M4HCM 16.2009 VartariM for Dr. Dorvifs 4 Dfans Klllfan's Hom 1300 SPRUCE PLACE • ORONOrN LOTS S/6 BLOCK lO - SAGA HILL REVISED PROPERTY ID'S • OS-in-23-32-OOI6 nys FROM : GRONBERG & ASSOCIATES t ✓ Y FAX NO. : <952 4/3 4435 kiCUAM Now. 20 2002 02:00PM P4 8«#e/« 1C? Micu Ci&/iSE0 sm*cK zo«: EXISTING HA^DCQVgp IN rnrtfV ^SOO^OOO' A. Houie Uofi)i X X X B. Ctrage C. Driveway X X D. Sidewalk X X E. Patlo/Deck X X F. bindseyift UMulUn ByJDastic C/F\ie X X X G. Other TOTAL Hardcover in zone total property area in zone A _____________ ♦ B proposed hardcover in 7/>N» - A % •A. House LcA|th X X X B. Carege C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Lali^^e Und^in By Pwtic 0/TaWc X X X C. Ocher TOTAL HARDCOVER IN ZONE ,T .^TO^TP^O^ # '•. Width s a B X 100 Width 1044 52. SF.-MPVSf R.F.ri£ S-F.-fteUimti^ykUU fRCCHNWi^v^ S.F Z4<7 C0M4AC7C f B mckt ^P 0Aiyew/ij S.F.»c^cAFT£ MCdl 170 Sf-o»ycw/iY idjtgyi to tn^cwAY S.T.-C0HC. y/mijL g j.’ and 5TW Z*t6 ST.-Ofctc. S.F. - tPNCRf TE i9« S.F. S.F.-5T]^fU*«Hi- DOWM Ttf S F _f^^**‘* Wxa. asi.S.F. A 11.1: ro ± S F. B 70.Z<i %1 I $.F. ‘ J. i S.F. S.F. S.F. . ! S.F.. / S.F. S«r. S F. ’ 4^ S.F sf/ rv TT xlOO jW >», III?'" SP- |SSo?»»twPut ‘ SF. fo**»|70 S.F.'^|Lew4W(F MAUU< SF __S.F. A _____S.F. B ,?.4=t F FROM.: GRONBERG & ASSOCIATES ./ FAX NO. : 952 473 4435 Nov/. 20 2002 e2:Q0PM LoTi 5 / ^ ^ (^U06U. iC SaA4 Mrtt ^ UAUDCO VER CALCULATION \VORiCStf£ET SETBACK ZONEt (CIRCLE ONE) 0-73* C73J5U^ 230-S00* EXISTING Hardcover in tonf A House UagJi X X X B. Gsregc C. Driveway X X D. Sidewalk .X X E Patio/Deck X X F. Landscape Underiain By Plastic Or Fabric X X X G. Other total hardcover in zone total property area in zone A_____________+ B PROPOSED HARPCOVER IN mivni! * A House Ltngiy X X B. Garage C. Driveway • ,^D/3idew»lk X K X X E .'Patio/Deck X X . ^ .'F.. Landscape "rnderlaia -*• ;• f]y Plwdc r Fabric X X X a total Hardcover in zone total property area in zone A _____________ ♦ B WlAh SOO-1000* 474 S.F.- AOvsf xlOO width a s xtoo 2o3D i4d 113 ,S.F. SF. S.F. S.F. C9t*curz f S.F.'^SiAtfwP Omu C S.F. <an»fnvgp! SF.-wao< i vrcafi' SF S.F. • SF. S.F. S.F. ST^t/9tlt UMU.3 S.F.-4HO 9motas Z7&9 SF SF. 30, r % B ST.! S.F. ST. S.F. S.F. S.F. S.P.1 « ; f S.F. SF S.F. S.F. S.F. ST. S.F. S.F. ' %k.dr S.F. A S.F. B H ...arm.. ..i MAY 1 2 2003 REQUEST FOR COUNCIL ACTION CiTy op Oftojvo DATE: May 12,2003 ITEM NO.: 9 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Service’s Director ’s Report Item Description: Bridge Replacemenis MNDOT Variances- Resolutions The existing bridges at West Femdale Road over Browns Bay Channel, and Fox Street over Long Lake Creek need to be replaced. These are 19S0's construction, single span steel girder bridges. The recently completed bridge inspections revealed an accelerated rate of corrosion on the steel support beams. These bridges are now eligible for state bridge replacement funding because of their deteriorated condition. Council approval of the attached resolution is recommended, so we can begin the application process for state bridge replacement funding. The estimated replacement co U for each of these bridges is $150,000. The required State Aid Standard width is 36 feet for the replacement bridges. We will be requesting a variance from MNDOT to replace these bridges with 26 and 28 foot wide bridges to match the existing conditions as no future expansion of these roads is envisioned because of the low traffic volumes and significant wetland and lakeshore issues. Approval of the following variance request resolutions is recommended. These resolutions will then be submitted to MNDOT for the June MNDOT variance committee meeting. COUNCIL ACTION REQUESTED: Motion to approve resolution requesting financial assistance from the State of Minnesota for replacement of the deficient bridges at W^st Femdale Road over Browns Bay Channel and Fox Street over Long Lake Creek. Motion to approve resolution requesting a variance from Minnesota Rules for State Aid Operations Chapter 8820 for replacement of the deficient bridge at West Femdale Road over Browns Bay Channel. Motion to approve resolution requesting a variance from Minnesota Rules for State Aid Operations Chapter 8820 for replacement of the deficient bridge at Fox Street over Long Lake Creek A RESOLUTION PRIORITIZING REPLACEMENT OF BRIDGE STRUCTURES WHEREAS, the City of Orono is a municipal corporation existing under the laws of the State of Minnesota; and WHEREAS, the Minnesota Legislature has provided funds for assistance in the rehabilitation or reconstruction of deficient bridges; and WHEREAS, the City of Orono has analyzed the deficient bridges needing replacement on City streets; and WHEREAS, it is apparent that there is insufTicient funding at the local level for completion of these bridge replacement projects. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby request financial assistance in the replacement of the following bridges. Bridge No. L88S4 West Femdalc Road and Browns Bay Channel Estimated Cost $150,000 Bridge No. L886S Fox Street and Long Lake Creek Estimated Cost $150,000 Adopted by the City Council at a regular meeting held on May 12,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor A RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA RULES FOR STATE AID OPERATIONS CHAPTER 8820 WHEREAS, the City Council of the City of Orono is preparing construction plans for the replacement of the Fox Street Bridge over Long Lake Creek, Existing Bridge No. L8865, which is considered deficient according to Mn/DOT’s standards; and WHEREAS, the City Council of the City of Orono, its citizens, and city staff believe that the minimum design standards set forth by Minnesota Statutes as applicable to the proposed replacement of Bridge No. L8865 create an uidue hardship; and WHEREAS, said hardship is further explained in the attached supplementary letters from The Orono Director of Public Services/City Engineer and Orono’s Consulting Engineering Firm; and NOW THEREFORE, BE IT RESOLVED that the Orono City Council, located in Hennepin County, Minnesota, hereby respectfully submits a request for a variance to the Commissioner of Transportation for Minnesota Rules for State Aid Operations, Ch^ter 8820.9920, Geometric Design Standards; Rural and Suburban Undivided; New or Reconstruction Projects, as they apply to the proposed Fox Street bridge replacement project located in the City of Orono, so as to allow ^e following: 1.12-foot Traffic Lane Widths and 2-foot Shoulder Widths; in lieu of the minimum 12-foot traffic lanes and four foot shoulder widths required; 2. A 28-foot bridge roadway width; in lieu of the minimum 36-foot width required; Page 1 of2 / I AND BE IT FURTHER RESOLVED thst the Orono City Council hereby indemnifies, saves, and holds harmless the State and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the variance. The Council further agrees to defend at its sole cost and expense any action or proceeding begun for asserting any claim of whatever character arising as a result of the granting of the variance. Adopted by the Orono City Council at a regular meeting held on May 12,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of2 ■ i-ti-11 »it-i ----------- is in>—* ■-----.-Mi I.,vf J/1 Bonestroo Rosene Anderlik & Associates Engineers & Architects Bonestroo. Roiene. Anderlik snd AttocUtet. Inr. It sn Affirmeiive Aciion/f <|uaI Opportunity employer end employee Owned Brlnclpelt Olio G Bonetlroo. PC • Merw*n I Sor^eM PC • Glenn R Cook. PC • ffoOerl G SciHmKht. PC • Jeiry A Bourdon PI Senior Coniultenit. Roden W Roiene Pi • lotepA C Arvjerlik PC • RKd«rd C Vurrter. PC • Suten M Cderlm C PA Attoclete Principelt: Keilh A Gordon PC • RoOeri R Pfelferie. PC • Richerd W Cotier PC • Oevid O lotkoie. PC • Merk A Menton. PC • Micheel T Reuim.tnn, PC • Ted K Cield. Tt • FenneihP Anderton PC • Merk R Rolft. PC • Oevid A Bonetiroo MB A • Sidney P Wtiliemton PC IS* Ai|rtet M Ring. MB A • ANen RKk Schmidl PC • frK>m«it W Peterton. PC • iemet R M.ii.«n<J PC • Miiet B lenten PC • I Pttiiiip Grevel IM. PC • Oervel I Cdgerion. PC • Itmeel Merimef PC • Trtomet A Sylko PC • Sheldon j lohnton • Dele A Grove PC • Thnm.it A Routher. PC • Roden J Devery PC OfCicet' Si Paul. St Cloud. Rochetier end Wilimer MM • MiiMreukee Wl • Chicego H * \Mibilie: wwwdonettroocom May 5,2003 Mr. Dan Erickson Minnesota Department ofTransportation 1500 West County Road B-2 Roseville.MN SSI 13 Re;City of Orono - Fox Street Bridge Existing MnDOT Bridge No. L886S Proposed MnDOT Bridge No. 27BI3 S.A.P. No. 152-105-01 Our File No. 139-03-136 Dear Dan: 1 am writing regarding the variance that the City of Orono will be requesting for the bridge replacement. Once we have an opportunity to discuss the variance, the City Council will consider a resolution regarding the variance. The project in question involves replacing an existing 26-foot wide bridge in Orono. The bridge serves primarily local residents. Included with this letter are some photos of the project area and a map showing the project location. Variance Requested MnDOT design standards for rural bridges calls for a minimum of 12-foot lane widths and 4-foot shoulders. The curb to curb width of the bridge is the sum of the lanes width and shoulder widths plus four feet. This would require a minimum curb to curb width on the bridge of 36 feet. We are requesting a variance from Rule 8820.9920 to allow two 12-foot lane widths and 2-foot shoulders. The specific variances requested are: 1. Two 12-foot wide traffic lanes and 2-foot wide shoulders on each side in lieu of the minimum 12-foot wide traHic lanes and 4-foot wide shoulders required; and 2. A 28-foot wide bridge roadway (curb to curb) in lieu of the minimum 36-foot wide bridge roadway required. 2335 West Highway 36 • St. Paul. MN 55113 • 651-636-4600 > Fax: 651-636-1311 . 1 \ % I Mr. Dan Erickson Minnesota Department of Transportation May 5, 2003 Page! Variance Justification Fox Street is an east-west street through a wetland area. The approaching toads on each side of the bridge have a pavement width of 24 feet and the total surface width, including the shoulders is 27 feet wide. Therefore, the shoulders are l.S feet wide on each side of the pavement. The roadway embankment has slopes of approximately 2H:1V on each side. The slopes continue until they reach the wetland on each side of the road. The area is fairly well developed, except for the wetlands, at this time which reduces the likelihood of increased traflic volumes. Widening of the existing street would require filling of the wetlands. This will not occur due to the constant traffic volumes in the area and the impacts on the wetlands. Given the constraints of the existing wetlands, the design standards developed by MnDOT are difficult to comply with. Therefore, we outline the following points of justification for the requested variance: 1. Substandard Streets: The streets in the area of the bridge are substandard compared to current MnDOT standards due to the wetlands. The approaching streets on each side of the bridge are approximately 24 feet in width and will continue to be that width in the future. The proposed bridge width is consistent with the approach roads. 2. Avoid Severe Environmental Impacts: Widening of the bridge and the approach roadway would significantly impact the adjacent wetlands. Minimizing the amount of roadway width will limit the environmental impacts of the project by reducing the amount of fill that would be placed in the wetland. Minimizing the amount of filling of the wetland will increase the chances of receiving permits from environmental agencies. Impacts of the Variance Economic - The variance would allow a narrower bridge to be constructed. The narrower bridge would be less costly to construct which is a savings for the funding source which is anticipated to be the State Transportation Fund. The narrower bridge would not have any negative economic impact on the adjacent property owners. Social - The variance requested for the proposed bridge would not have any social impacts. Safety - The variance for the proposed bridge will not significantly impact the safety of the public. The proposed bridge is about 2 feet wider than the existing bridge. Therefore, the wider bridge will improve the safety of the site as compared to the existing conditions. Environmental - The variance for the proposed bridge would have positive environmental impacts. The variance would significantly reduce the amount of wetland area that would need to be filled by maintaining the same approach roadway width. . I • Mr. Dan Erickson Minnesota Department of Transportation May 5. 2003 Page 3 Effectiveness of the Variance The variance would still allow the bridge to be replaced which is in poor condition. Severe deterioration of the steel beams has occurred at the abutments. This deterioration will continue. The new bridge will have a design loading of HS2S as specified in the MnOOT Bridge Design Manual. Effects on Adjacent Lands The variance would reduce the affects on adjacent lands which are wetlands. By constructing a lUUTower bridge, the amount of fill placed in will be reduced. Number of Persons Affected The proposed variance would not have an affect on > of the bridge users. Safety Considerations The bridge would be approximately two feet wider than the existing bridge, four feet wider than the pavement of approach roads and one foot wider than the approach roads and shoulders. The bridge will be wider than the approach road and shoulders and therefore would not compromise the safety of the users. Vehicular users and emergency services will benefit fiom a new bridge with a higher load carrying capacity than the existing bridge. The bridge width as requested by the variance will not impact the safety of the vehicular users and emergency services. After reviewing this information, please call me at (651) 604-4895 to discuss. I would like to meet with you and Greg Gappa at the site to review the requested variance. We appreciate the time you’ve spent assisting us with this issue. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Jfcriy D. Pertzsch, PHE. JDPxv Attachments CC: Greg A. Gappa - City of Orono, Director of Public Services Tom Kellogg • Bonestroo ■ m ,r », I in Stu-ft Uriili;i- Hi/'liii t nu nt S.\r So. I52 I0> 01 Mii\ 2. 200 < \ . < I T'm mml I'ytCf.'V'i'h' • . .. i ^ |•i‘!uro I: l.ookmj: \\c>l ;urt»ss briilt’o v-^x!3snsK(^?ie4«a»i> • .' ■ Vf i^' # v. - ................. tSM liauic 2 rinbankmcnl oi\ no ’ih sulc ol I'ox Sued w I’agc 1 ot 2 - Fox Street Bridge Replacement SAP No. 152-105 01 May 2,2005 r'Vf* ' ’ ^ r> :/‘A ^ : s{. \ ■■h'. ’r '. ' ''^'s. •'■ ' * ' .^>vV ’*'^'* ' ’ ■ -.- ' ^ 9 ; 1.-^,. V •1'^-- , v ' ?^a: > '-ii -'V -• I f ■ ’ .*t “ • ' ' ■ ' ^ * % ' t '• - ‘ ' > ).» . - '■ !\ i ■' >' £>;'• ‘ Mi Figure 3: Embankment on south side of Fox Street ufck__-f fH> I ^ Page 2 of 2 J MapQuesi: Niaps: print Page I of I ORBITZ £ Send Xo Printer Back to Map Fox St & Brown Rd S Orono MN 55391 US Notes: Book a Hotel: Save up to 70% on Orbitz Savers Nationwide! Book Now* —Long UKe —riSSSTOTT IBOOfI ^Pantols $/ a; ^tonguike He I 5 1= f!Grand Ava'• - •. ' ^ frt: j -?Rd ._Watdftown na~ ^ { c p Somofsai Ln r I f- ®^5yoTN I Orono WhfeaOaKCir L^ox St stc —q. ' ooO^ -Qton? •' a? 5 CO • ' V^_ POfiM Ooir' ^ ‘C“ur>i* • T| . v/oo*lhiln«|5 ? CO'ifirry Club*^ Dickonaon Si T-5«L2>>?jr^ _ 3^ ^'-•'sa.n *^*Tanager Lake Maxwell Bay Hoerenbcr-i Memorial Park French Lake Ii\%Browni Bay C^st^Ava ^Crystal B\y Crystal Bay r J o y LocATiaFi 5TKeer BteO<s^ 02003 MinQuaaLoom. Inc.; 02003 Na^oatt^n Tactinobq«& All rights reserved. Use Subject to Ucense/Copynght TWs niap Is informational only. No repftsentaHon is made or warranty given as to its content. User assumes ai risk of use. HapQuest and its suppliefs assume no responsibility for any loss or delay resulting from such use. PnvacY Policy & Legal Nonces O 2003 MapQuest.com, Inc. All rights reserved. ./print.adp?mapdaia=afbX8DbyAofhHcuICbZaNlvmtczmh%2fwEUBTPzHk%2fixUgFjQOM5/2/2003 i A RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA RULES FOR STATE AID OPERATIONS CHAPTER 8820 WHEREAS, the City Council of the City of Orono is preparing construction plans for the replacement of the West Femdale Road Bridge over Browns Bay Channel. Existing Bridge No. L8854, which is considered deficient according to Mn/EK)T’s standards; and WHEREAS, the City Council of the City of Orono, its citizens, and city staffbelieve that the minimum design standards set forth by Minnesota Statutes as applicable to the proposed replacement of Bridge No. L88S4 create an undue hardship; and WHEREAS, said hardship is further explained in the attached supplementary letters from The Orono Director of Public Services/City Engineer and Orono’s Consulting Engineering Firm; and NOW THEREFORE, BE IT RESOLVED that the Orono City Council, located in Hennepin County, Minnesota, hereby respectfully submits a request for a variance to the Commissioner of Transportation for Minnesota Rules for State Aid Operations, Chapter 8820.9920, Geometric Design Standards; Rural and Suburban Undivided; New or Reconstruction Projects, as they apply to the proposed West Femdale Road bridge replacement project located in the City of Orono, so as to allow the following; 1.11 -foot Traffic Lane Widths and 2-foot Shoulder Widths; in lieu of the minimum 12-foot traffic lanes and four foot shoulder widths required; 2. A 26-foot bridge roadway width; in lieu of the minimum 36-foot width required; Page 1 of2 ND BE IT FURTHER RESOLVED that the Orono City Council hereby indemnifies, saves, and holds harmless the State and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the variance. The Council further agrees to defend at its sole cost and expense any action or proceeding begun for asserting any claim of whatever character arising as a result of the granting of the variance. Adopted by the Orono City Council at a regular meetiug held on May 12,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor { • Page 2 of2 L _rr m Tl iS 11 . at~mn art i dfeiMuu. I ■ I 1/ J Bonestroo Rosene Anderlik & ^ ^ Associates Engineers & Architects I. Inc. It sn Alfirmaiive Aciion/CQuAl Opporiuntly Employe#■oneilfoo. Rotene. Ancterlili muI Attoci and Employee Owned frlncip4lt; Olio G Boneitroo. PE • Marvin L Sorvala. P£ • Gitnn ff Cook PC • Robert G Scrtumchl. PC • Jerry A Bourdon. PC Senior Consullanct; Robert W Rotene. PC • iotepb C Anderlik. PC • Richard C Furner. PE • Sutan M Cberlm. C PA Atfociaie Prlnclpalt: Keith A Gordon. PC • Robert R Pfefferle. PE • Richard W Cotter. PE • David O lotkota. PE • M4irk A Hanton. PC • Michael F Rauimann. PC • Fed K Field. PC • Kenneth P Anderton PE • Marc R Rolls. PE • David A Bonetiroo. MB A • Sidney P Williamson. PE . L S • AQnes M Rirtq. MB A • Allan Rick Schrrwdl. PE • Fhorrtat W Peiertoni PC • James R Malarsd. PC • Miles B Jensen. PC • I Phiiiip Gravel Ml. PE • Daniel J Edgerton. PE • Ismael Martmei. PC. • Thomas A Syfko. PC • Sheldon j Johnson • Dale A Grove. PE • Fhomat A Roushar. PE • Robert J Cievery. PE May 5,2003 Of Fleet: St Paul. St Cloud. RcKhester aruJ Willmar. MN • Milwaukee. Wl • Chicago II %l^btiie: wwwborsestroocom Mr. Dan Erickson Minnesota Department of Transportation 1SOO West County Road B-2 Roseville, MN 55113 Re:City of Orono - Femdale Road Bridge Existing MnDOT Bridge No. L8854 Proposed MnDOT Bridge No. 27B12 S.A.P. No. 152-080-01 Our File No. 139-03-132 Dear Dan; I am writing regarding the variance that the City of Orono will be requesting for the bridge replacement. Once we have an opportunity to discuss the variance, the City Council will consider a resolution regarding the variance. The project in question involves replacing an existing 22-foot wide bridge in Orono. The bridge serves primarily local residents that are traveling to or from CSAH 15 to the west of the bridge. East of the bridge, Femdale Road continues to downtown Wayzata. Included with this letter are some photos of the project area and a map showing the project location. Variance Requested MnDOT design standards for rural bridges calls for a minimum of 12-foot lane widths and 4-foot shoulders. The curb to curb width of the bridge is the sum of the lanes width and shoulder widths plus four feet. This would require a minimum curb to curb width on the bridge of 36 feet. We arc requesting a variance from Rule 8820.9920 to allow two 12-foot lane widths and 2-foot shoulders. The specific variances requested are: 1. Two 11-foot wide traffic lanes and 2-foot wide shoulders on each side in lieu of the minimum 12-foot wide traffic lanes and 4-foot wide shoulders required; and 2. A 26-foot wide bridge roadway (curb to curb) in lieu of the minimum 36-foot wide bridge roadway required. 2335 West Highway 36 ■ St. Paul. MN 55113 • 65I-636-4600 • Fax: 651-636-1311 Mr. Dan Erickson Minnesota Department of Transportation May 5. 2003 Page 2 Variance Justification Femdale Road is located on the north side of residences on the shore of Lake Minnetonka, i.e. the residences arc beh^'een Femdale Road and Lake Minnetonka. In the area of the bridge, wetlands and a lagoon are located on the north side of the road. Femdale Road has narrow shoulders, approximately I.S feet, on each side. Outside of the shoulders, the slopes go down to the yards or the wetlands. The area is fairly well developed at this time which reduces the likelihood of increased traffic volumes. Widening of the existing street would require filling of the wetlands and lagoon. This will not occur due to the constant traffic volumes in area and the impacts on the wetlands. Design standards for much of the public infr«.stmcture serving the region have necessarily been compromised to suit the topography. Given the constraints of the existing land use and wetlands, the design standards developed by MnDOT are difficult to comply with and are out of character. Therefore, we outline the following points of justification for the requested variance: 1. Substandard Streets: The streets in the area of the bridge are severely substandard due to the land use and wetlands. The approaching streets on each side of the bridge are slightly over 20 feet in width. The legal posted speed of both approaches is XX mph. A narrow bridge in this setting is consistent with the driving corridor. 2. Avoid Severe Enviroamental Impacts : Widening of the bridge and the approach roadway would significantly impact the adjacent wetlands and lagoon. M inimizing the amount of roadway width will limit the environmental impacts of the project and increase the chances of receiving permits from environmental agencies. 3. Retain Character of the Area: As described in the introduction of this section, the Femdale Road Bridge exists in a quite residential area. We believe that the variance requested will assist us in retaining the character of the area. Impacts of the Variance Economic - The variance would allow s narrower bridge to be constructed. The narrower bridge would be less costly to construct which is a savings for the funding source which is anticipated to be the State Transportation Fund. The narrower bridge would not have any negative economic impact on the adjacent property owners. Social - The variance requested for the proposed bridge would not have any social impacts. Safety - The variance for the proposed bridge will not significantly impact the safety of the public. The proposed bridge is about 4 feet wider than the existing bridge. Therefore, the wider bridge will improve the safety of the site as compared to the existing conditions. Environmental - The variance for the proposed bridge would have positive environmental impacts. The variance would significantly reduce the amount of wetland area that would need to be filled by maintaining the same approach roadway width. Mr. Dan Erickson Minnesota Department of Transportation May 5. 2003 Page 3 Effectiveness of the Variance The variance would still allow the bridge to be replaced which is in poor condition. The City of Orono has performed temporary repairs to the bridge to increase its load carrying capacity. Severe deterioration of the steel beams has occurred at the abutments and midspans. This deterioration will continue. The new bridge will have a design loading of HS25 as specified in the MnDOT Bridge Design Manual. Effects on Adjacent Lands The variance would reduce the affects on adjacent lands. Some of the adjacent property owners are built out close to the edge of the roadway. By constructing a narrower bridge, the impacts on the adjacent lands will be reduced. Number of Persons Affected The proposed variance would not have an affect on any of the bridge users. Safety Considerations There are some pedestrians and bicyclists in the area. The bridge would be approximately 4 feet wider than the existing bridge, six feet wider than the pavement approach roads and three feet wider than the approach roads and shoulders. The bridge will be wider than the approach road and shoulders and therefore would not compromise the safety of the pedestrians and bicyclists. Vehicular users and emergency services will benefit from a new bridge with a higher load carrying capacity than the existing bridge. The bridge width as requested by the variance will not impact the safety of the vehicular users and emergency services. After reviewing this information, please call me at (651) 604-4895 to discuss. I would like to meet with you and Greg Gappa at the site to review the requested variance. We appreciate the time you’ve spent assisting us with this issue. Sincerely, ^ONESTRCX) RQ^ENE ANDERLIK & ASSOCIATES, INC. Jfrry u. Pertzsch, P.E. »P:cv Attachments CC: Greg A. Gappa - City of Orono, Director of Public Services Tom Kellogg • Bonestroo m.’ A- ■■ '■^‘ C^' ■■v!-^;>';y/s'''-.---''45 gji..;-/.i s ■' '' C’ T- .■ Ml? '■ -----------------------------», . • :5 . fi.* l' i .. I?A;.^ r- -V^'- .- ^1' ■- -■ .■ ■• % X~i^' \i!, ', •'- ' ^ ' ' - ii i wM ; r •*<'•*- 1 „ 5] ■ i--f' -J ri-nuliilc Hihhl Bruli’e Replacement J52 0S0 01 A/uv 2. 200 J IaIW ^ ^9^ i* ■: rf'. /, *. • tiv ■.• *0-'- 1^^,;,; v.& <- ■; ■ «£/■&.i I I t,-' ' •W-’iX^mv.r. tRfy>:^fYv- S V- ’ r*’ *•.» *1 •• -'a ■ X ■ *-X' LX' ^ • 5; *•• e* : > Figure 3: Hxisting bridge looking south l-'igure 4; Northwest embankment looking south Page 2 of 2 r ' Map^uest: r.iapb: pnnt Page I ot I ORBirZ & Send To Printer Back to Map Fox St & Brown Rd S Orono MN 55391 US Notes: Book a Hotel: Save up to 70% on Orbitz Savers Nationwide! Book Now! Ororio *:olf Course A S' n««>“ \ •s. Woodhii ^ Country Club Dick^njon Si £ xiiRprich —' Js.' 'fT Peavey Pond * I'Tanagor LaktI V j Brownn/say wayzata Bay ■> *we% S r^i^ystal Bay r7 •• .■* t: T ; I— fteoiec-T Loc/kTX^Ai PeeMokLC <f ' ir gBAoeeco^e- / ----------Jr ^ ^ *Nonhomo BM Robinsons B V/ /Minnetonka Beach Lake Louise 02003 MipQuMtoorn. Inc.; 02003 Navojton T^ctinobqiK All rights cmrYCd Use Sutuect tSLUcenie/CQoydght ---..EasionRd ^l| i -i'Mh fciMieumi TTiis map Is Inf6rma0onal only. No rtprotencaUon is made or warranty given as to its content. User assumes all risk of use. MapQuest and Its supplies assume no responsibility for any loss or daiay resuRing from such use. Pnvacy Policy & Legal Notices O 2003 MapQuest.com, Inc. All rights reserved. ./print.adp?mapdata=afbX8DbyAofhHculCbZaNlvimezmh%2fwEUBTPzHk%2rixUgFjQOM5/2/2003 i| I J REQUEST FOR COUNCIL ACTION 0 DATE: May 6,2003 ITEM NO: lO Department Approval: Naaic Ron Moorse TMe City Administrator Adminbtrator Reviewed:Agenda Section: City Administralot's Report Item Dcacription: Payment Request Number 3^ Navarre Fire Station The City has received one invoice for payment related to the Navarre Fire Station. The invoice b from Constructive Ideas for Project Management services, in the amount of $3,670.00 COUNCIL ACTION REQUESTED: Motion to approve the request for payment in the amount of $3,670.00 to Constructive Ideas, to be funded from the Navarre Fire Station Construction Fund. Invoice Dale:May 1,2003 No: 4222 To:City of Orono Date Due : 6/1/03 P. O. Box 66 CUJobNo: 034118 Orono. MN S5323 Account No: 342 Date Description Hrt.Amount Feb/Mar 2003 April 2003 Navarre Fira Station Schematic & Design Development Phase Billing CD/Bidding Phase, Bid Pack 1, Billing No. 1 • partial 11.S. 11.S. Total amount thU invoice: 1.240.00 2.430.00 $3,670.00 ikaodiu REQUEST FOR COUNCIL ACTION 0 Date: may 1 2 2003 CITy OF ORONO 5/12/03 Item No* 11 Dqiartment Approval:Administrator Reviewed:Agenda Section: Name: Tide: Stephany Good Chief of Police Item Description: Hiring Full Time Police Officer Kyle Russeth Exhibits:None DISCUSSION The police department recently completed a testing process which included a physical agility test, a written test, an interview with a panel of officers, a background investigation and an interview with the Chief of Police. Kyle Russeth has successfully completed the application process. He was extended a conditional offer of employment pending his medical and psychological exams which he passed. Kyle graduated from the Fond Du Lac Community College in Law Enforcement in July, 2002.. He is currently attending the University of Minnesota and hopes soon to complete his four year degree. Kyle has moved around the country and has experienced widely diverse circumstances. He said, *T love helping people”, and is enthusiastic about having an opportunity to “guide, teach and inspire” others as a member of the Orono Police Department. COUNCIL ACTION REQUESTED Motion to hire Kyle Matthew Russeth for the position of police officer for the City of Orono at the beginning pay rate of $18.62 per hour beginning May 13,2003. L Oavh of Office for Police Officer C ity of Orono , Minnesota I do iolemiily swear under oath that 1 will support the Constitution of the United States of America and of the State of Minnesota, and faithfully dbchargc the duties of the office of police officer in the City of Orono, of the County of Hennepin to the best of my Judgemrat and abiiity, so help me God. City Clerk , I <■ I ^ ' : r ’ ^4" V ■ !■ . • V V ‘ '-.i REQUEST FOR COUNCIL ACTION MAY 1 2 2003 CITY OH OHOlVO Date: May 12,2003 Item No: / 2-^ Department Approval: Name: Title: Stephany Chief of Police Goo<^ •olice Administrator Reviewed:Agenda Section: Item Description; Hiring Part Time Police Officer Paul Theisen Exhibits:None DISCUSSION The police department recently completed a testing process which included a physical agility test, a written test, an interview with a panel of officers, a background investigation and an interview with the Chief of Police. Paul Theisen has successfully completed the application process. He was extended a conditional offer of employment pending his medical and psychological exams which he passed. Paul is currently a paramedic - EMT and firefighter for the Burnsville Fire Department. He has a full time peace officer license in Minnesota. He brings maturity and experience to the position. He believes the key to success in his new position is “to work with people and solve problems”. He is married, has two children and resides in Brooklyn Park. COUNCIL ACTION REQUESTED Motion to hire Paul Anthony Theisen in the position of part time police officer at the Step 2 pay rate of $15.26, beginning May 13,2003.. '3 1* ¥. ‘ t Oath of Office for Police Officer C ity of Orono , Minnesota do solemnly swear under oath that I will support the1____________________ Constitution of the United States of America and of the State of Minnesota, and faithfully discharge the duties of the oflke of police oflicer in the City of Orono, of the County of Hennepin to the best of my Judgement and ability, so help me God. Signed Subscribed and swoi City Clerk [orc^ i|is^tw^iM^a:^'Of /I ■ A A - ^ - iV A '4 1'L-lsi 509 .1,*^ , . if r » > - r'j ’4 ••■;< 1 MAY 1 2 2003 REQUEST FOR COUNCIL ACTION CITY OF OHO/VO Date: May 12,2003 Item No: 13 Dqpartment Approval:Administrator Reviewed;Agenda Section: Item Description: Accept State Bank of Long Lake & North Tonka Crime Prevention Coalition Donations Exhibits: None DISCUSSION On 4/22/03, both the State Bank of Long Lake and the North Tonka Crime Prevention Coalition donated $2,000 each to the Orono Police Department for the purchase of specialized intermediate weapons for “less than lethal" situations. The police department plans to purchase and train members on an electro-muscular disruption weapon (EMD - Tradename, Taser) as an alternative to physical force. EMDs have been used successfully and generally with fewer injuries both to the subject and the officer in situations where officers must control a violent, resisting, combative, and/or armed subject. Tasers may be deployed from several feet away so physical contact between the officer and the subject is not required. A Taser is considered lower or equal to the asp baton and chemical spray on the use of force ladder due to the lower ir,cidence of injuries and that it has no lasting after effects. ! :4 .....-.. ..—«tt4Q MAY 1 2 200} REQUEST FOR COUNCIL ACTION Cl I y or ORONO DATE: May 6, 2003 ITEM NO: / ^ Department Approval: Nane Ron Moorse TUIe City Administrator Administrator Reviewed: Item Description: Personnel Matter Report Agenda Section: City Administrator's The Council will be asked to take action regarding a personnel matter. The information regarding the personnel matter is confidential. Pne infomuition has been provided to the Council under separate cover. The information regarding the Council’s action on the personnel matter becomes public upon final disposition of the matter. The Council may approve the staff recommendation regarding this matter as part of the Consent Agenda. If the Council wishes to discuss ti'e nutter, the meeting will be closed for the discussion, then reopened for action on the matter. COUNCIL ACTION REQUESTED: Motion to approve the staff recommendation regarding the personnel matter. uh Jh MAY 1 2 2003 REQUEST FOR COUNCIL ACTION CITY OF OnONO DATE: May 6, 2003 ITEM NO: Department Approval: Name RooMoorse Title City Administrator Administrator Reviewed: Item Description: Resignation of WendyOlottenberg from Her Planner Position Report Agenda Section: City Administrator's Wendy Bottenberg has submitted her resignation from her Planner position effective May 13,2003. As the appointing authority, the Council needs to take action to accept the resignation. COUNCIL ACTION REQUESTED: Motion to accept the resignation of Wendy Bottenberg from her Planner position effective May 13, 2003. ? ! IP MAY 1 2 2003 REQUEST FOR COUNCIL ACTION qronq 0 DATE; May 12,2003 ITEM NO: 16 Department Approval^ V / Name Tom Kuehn /—• Title Finance Director Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: 2002 General and Special Revenue Funds Budget Amendments General Fund Budeet Amendments The total General Fund revenues for 2002 are $4,666,117, compared to total expenditures of $4,552,576. Total revenues exceeded total expenditures for the year by $113,542, and the fund balance increased from $1,419,733 on 12/31/01, to $1,333,275 on 12/31/02, or an increase of 8.00%. The fund balance of the General Fund at 12/31/02 is 32.5% of the 2003 General Fund expenditure budget. This is 12.5% lower than the desired year-end fund balance level of 45% of the budget, but is an increase of 2.5% from the prior year. The fund balance should be restored to the desired level when sale of certain city owned property occurs. 1. General Fund Revenues The year-end revenue for the General Fund is $4,666,117, compared to the budget of $4,607,470, a favorable variance of $58,647. There are several revenue sources which exceed the budget by significant amounts, and should be adjusted to match the expenditure areas that generate or usw those revenues. The revenue budget net amendments total $37,695, and affect the revenue sources as shown below. The amended General Fund revenue budget will be $4,645,165, and the actual revenue will exceed the amended budget by $20,952. (Please note that only the revenue items with budget amendments arc listed, and those items only add up to the total indicated at the bottom of the Amendment column). Final Amended Revenue Source Original Amendment Budget Building Permits $ 260,000 $25,000 $ 285,000 Market Value Credit (State)-0-40,000 40,000 Police Town Aid 111,450 (10,000)101,450 Plan Check/Site Exam Fees •35,000 32,695 167,695 Conditional Use/Subd. Fees 40,000 10,000 50,000 Police Special Services 48,000 8,000 56,000 Coop Agree-Inspection Serv 38,080 (15,000)23,080 False Alarms 18,000 (8,000)10,000 £ k Revenue Source contd. Court Fines Interest on Investments Total General Fund Original 110,000 100.000 $ 4J507.470 Amendment (5,000) MO.OOO) $ 37,695 Final Amended Budget 105.000 60.000 $4.645.165 2. General Fund Esnenditurcs The General Fund operating expenditures at year end are $4,552,576, compared to the budget of $4,607,470, which is $54,t: under budget, or 1.2%. The adopted budget of $4,607,470 was increased by Council approved amendments during 2002, totaling $37,695. It is not necessary to increase the total budget, however, there are several departments which require amendments to their expenditure budgets. The following is a listing of those departments which require budget amendments due to expenditures exceeding budgeted amounts, and those departments with expenditures signiflcantly below budgeted amounts. (Please note that only the departments w;th budget amendments are listed, and those items only add up to the total indicated at the bottom of the Amendment column). Approved Final Amended Deoartment Budget Amendment Budget Mayor and Council $70,870 $ 500 $ 71,370 Elections 10,260 2,950 13,210 Finance 213,510 (12,050)201,460 Legal 88,500 (15,000)73,500 Fire Protection 313,120 16,100 329,220 Streets 564,150 (22,000)542,150 Engineering 10,300 13,400 23,700 Recycling 83,050 1,600 84,650 Parks & Recreation 70,680 23,650 94,330 Special Services-Police 22,150 7,520 29,670 Special Services-Land Use 44,000 16,680 60,680 Contingency _83.295 f33.385^49.945 Total General Fund $4,645,165 $ -0-$4,645,165 A brief explanation of the significant overages follows: Fire Protection The amendment is to fimd higher than anticipated fire service contract costs, in particular with the City of Maple Plain. Engineering The amendment is to fund the sub area transportation study, and the Rest Point Road paving. . Parks and Recreation The amendment is to fund higher than anticipated costs particularly in the areas of equipment maintenance, buildings and grounds maintenance, and personnel costs. Special Services The amendment to the police portion is required to fund greater than anticipated costs for police personnel provided for security purposes for area businesses, the airports and large local private gatherings. These costs are offset by revenues collected for providing this service. The amendment to the land use portion is required to fund greater than anticipated costs for engineering and legal services associated with land use applications. These costs are reimbursable from the applicants to the extent they exceed the application fees collected. Special Projects and Contingency The contingency account was not used to the full extent and there were several special projects during the year for which separate funding was provided. As a result there is $33,350 available to offset a like amount of increases in other departments. Police Protection At the December Council meeting the police requested authorization to carryover up to $10,500 from the 2002 police department budget to the 2003 police department budget for the purpose of funding certain capital and replacement capital items, to the extent such funds might be available. There is sufficient surplus in the police budget to provide for the amount requested. Special Revenue Funds Budget Amendments The Special Revenue Funds consist of the Park Fund, the Improvement and Equipment Outlay Fund, the Community Investment Fund, the Drug/Felony Forfeiture Fund, and the Affordable Housing Grant/Loan Fund. During the year os expenditures from the Special Revenue Funds which required budget amendments were presented to Council, it was standard practice to include a request for a formal budget adjustment. fhe revenue budgets of the Special Revenue Funds should be adjusted to reflect higher than anticipated revenues, as follows: Park Fund no revenue budget increases are required. Improvement and Capital Outlay Fund no revenue budget increases are required. Community Investment Fund This fund requires adjustment for investment income with a decrease of $39,100, and an adjustment for transfers in with an increase of $425,000. The decrease in investment earnings is a result of the continued erosion of investment interest rates. The transfer in of $425,000 is Orono’s share of the first portion of unused funds from the Orono/Long Lake joint fire station project. Prug/Felonv Forfeiture Fund This fund typically has no revenue or expenditures budgeted as the amount of either is subject to wide fluctuation. The revenue budget requires adjustments for 2002 for fines, $50; forfeiture collections through the sale of forfeited equipment, $13,490; and interest income from the investment pool of $1,200. Affordable Housing Grant/Loan Fund This fund was established to provide funding assistance for affordable housing to applicants who meet the program requirements. The City receives funds from the Met Council, Community Development Block Grant, and the State. For 2002 the City was reimbursed $84,000 in January, 2003. The revenue amendment for 2002 is $84,000 for State grants and aids. Because the reimbursement was received in 2003 the fund currently reflects a negative cash balance at the end of 2002. To clear the negative cash balance a temporary loan is required from the General Fund of $45,500, which will be repaid from the grant reimbursements. The following are the amendments to the expenditure budgets of the Special Revenue Funds: Special Revenue Funds Budget Amendment Park Fund: Navarre Park Improvements Hackberry Park Insprovements Total budget amendments $ 1,360 16.900 $ 18.260 The amendments are to fund the remainder of the Navarre Park improvement costs, including the drinking fountain, and the balance of the Hackberry Park improvement costs. Improvement and Equipment Outlay Fund: Transfer to Community Investment Fund $ 190.0001 The expenditure amendment reduction is a result of the distribution of the first portion of the unused funds from the Orono/Long Lake joint fire project. It appears that there will be additional funds available for distribution to the two cities when the joint project is completed. There is a good possibility that little if any reimbursement of the Orono portion will be required from the Improvement and Equipment Fund to the Community Investment Fund. Community Investment Fund:No amendments required Drug/Felon*' Forfeiture Fund: An expenditure amendment is required to fund the expenses incurred related to legal, advertising items for sale, and other miscellaneous expenses, in the amount of $5,420. ---- Affordable Housing Grani/Loan Fund: Professional services Affordable housing loans ______ Total amendments $ 75.400 The budget amendments are for closing services and loans. $ 5,400 70.000 Other Funds 2001 Senior Housing TIF Construction Fund: The City has incurred certain costs related to sewer relocation and landscaping. These costs are to be reimbursed through future tax collections. At this time an advance of $8,000 is required fiom the General Fund to elimiruite the negative cash balance of the construction fond. COUNCIL ACTION REQUESTED: 1.) Approval of the 2002 budget amendments for the General and Special Revenue Funds as presented, effective December 31,2002. 2.) Approval of the carryover of $10,500 from the 2002 police department budget to the 2003 police department budget to fund capital related items as presented in the December 9,2002 Council agenda. 3.) Approval of an advance of $45,500 from the General Fund to the Affordable Housing Grant/Loan Fund, and an advance of $8,000 from the General Fund to the 2001 Senior Housing TIF Construction Fund, effective December 31,2002. WF\M—e Co—dLAciiouN2002\A«uud 2002 ludgai wpd Wi--'" , , »1 1 « MAr 1 2 2003REQUEST FOR COUNCIL ACTION Cil r L»r unuivu DATE: May 12,2003 ITEM NO: 17 Department Approval:Administrator Reviewed:Agenda Section: Naaic RonMoorse L/1//U City Administrator ’s THk City Administrator Rqwrt Item Dcacription: Consider Rcfundin^fof 1992 Sewer Bonds Attached is information from Carolyn Drude, the City’s Bond Consultant, regarding the refunding of the 1992 Sewer Bonds. The information shows that the refunding would save an estimated $46,479 over a period of five years. This savings is net of all costs of issuance. The Bond Consultant has indicated these savings are sufficient to merit moving forward with a refunding. If the Council decides to proceed with the refunding, it is necessary to authorize the Bond Consultant to solicit proposals for the sale of the refunding bonds, for consideration by the Council at its May 27 meeting. COUNCIL ACTION REQUESTED: Motion to authorize City staff to work with Ehlers & Associates, Inc. to solicit proposals for the sale of $885,000 General Obligation Sewer Improvement Bonds, and report the results to the Council for consideration at its meeting of May 27,2003. 1 MAY. 20.2003 8:13AM EHLER8 A ASSOC.NO. 7371 P. 2/7 I 9,2003 EHLERS & ASSOCIATES INC TornKudm City of Orooo Fiuoce Dir P.O.Box 06 Oioao, MN 5S323<0066 Re: $885,000 Genenl Obligadoii Sewer In^ovement Refuading Br»ii •Tijr* Attoched tie schedules wWch we hevc discussed by phone which indicac the aty mig^ estunated $46,479 over a period of 5 yean by reftmdiiig the 0.0. Sewer liiqMovenent Bonds wWch were issued in 1992. (Please see pwe 4 ofthe attached material.) This savings is net ofall costs of issuance. As you know, municipal bond interest ratcf are currently very &voraUe, and this transaction can ^Oooema cuu^i" lefiinding wduch nKams that the 1992 hotida en rftiitd as soon as 30 diys notice is given to the bondholders. Payments on the "new" issue will replace those on the 1992 issue beginning Fdmiary 1,2004. We have discussed holding^ sale ofthe Refunding bonds at Oie same meeting, May27, as the sale the Orono HRA is holding to sell die Revenue Bonds to finance the Fire Station/Equipment If the Cm-ncU wishu to proceed with thiij Schedule, an appropriate actkm at the May 12 meeting would be "to autborue city stafifm work tpith Ehlers A Associates, Inc. to Tolicitproposels for the sale of .^885,000 General Obligaiion Se^ Innxovement Refunding rionds and report the results to the Council for consideration atib meeting May 27.” Please call with any questions you might uve Sincerely, Executive Vice President/Director attachment LEADERS IN PUBLIC 3010 CtRTra Pouilt Prfvt. ie8f«tll8. MN 551131 iOuii Ofnnnueity Cttfiottr finance CR)P(ir Altmbtr ihg Hltionni Aimipdgn •f lidtpMieni Pphtic Fiijnet Advixnri (I CSl.S97.aSB0 fn 091.007.asss www.tkltrfiac.€•11 MAY. 20.2003 8:13AM EHLERS i ASSOC.NO. 7371 P. 3/7 Orono, MN PnpoMd Curmnt Refunding of S2.000.000 0.0 Sower Improvemont Bonds SOURCES & USES 1I111SOURCES OF FUNDS Fir AmeiM of BonOi.............................................. TOTAL SOURCES......................................... USES OF FUNDS ToW lAMMrtSM^ OiMiouni (0.700K)____________9.19S.00 CoMioritwifiei.................................................. Diooili ID CvRMi RelUflena Fund............................. RoundbioAmounL........................................ TOTAL uses......................................... ■ yy-;^ ij. -^ n->■ .'Cil O *• ■4 . .* .OOOK GO a«r in«fv IM». SMOLC PURP068 V10003 1ft(M AM /' ' 'jR - A* 53 ■ 'i. L tjaa MAY. 2(1. 2003 0:13AM EHUAS 1 ASSOC.M0.2371 P. 4/7 I Orono,MN Propoaad Currant Rtfundifig of $2.(XX).000 G.O Sfrar Impravemant Bonds DEBT SERVICE SCHEDULE Cobpon FISCAL TOTAL YICLO STATISTICS BondVMT .......................................................................................................................... ................................................................................................................. S2.sra28 2J39YMn 2.07711141% NMNvmICmIIMC).. Tiw mmwi Cost rnc) AllnclMOlwCoot(AIC) ******* ****'*******• •••••*•*•*••••$»$*»$§»•••*»»«»••»•• • •••••••(••••a ••••»•••••••• . 234 42320% 23M3B37% 2072W»% 30302709% IRS FORM SOM NoiMoraoiCott....... WiljUliO Awwot Mgtelly............... 30771241% 3620 VMm in PuWls Fimnoi oifico 1099 Fit > Oiono.af03 Cur rar «r Sw 82 S3000K 030 8w tawiv B0»> SOiOUl PURPOSE sramnioMAM 7AlOOn .•• 1 2A10004 loaooaoo 1.100%9,37371 16047371 1W,37371 M1C004 -•7.1S3.78 7,183.76 .i zmaoos •101/2009 160,00000 • 1.490% « 7.163.79 8.646.79 167,193.78 8J48.79 194407.60 •2«iaooo 166.000.00 1.790%6,646.76 163648.79 196.997.50 SDIOOOO m •4,230.00 4,230lOO m 20)10007 160.00300 2.200%4,230.00 184430.00 166,4t040 i •m/Mor --2.290.00 248300 ! 24)1/3006 moooM 2800%2MO.OO 162480.00 164400.00 Toiil •69,000.00 40.237.71 033,337.71 - 1 P«0t2 -X MAY. 20.2003 8:13AM EHlEkS t ASSOC.NO. 2371 P. 5/7 I I III I I Orono, MN G.0 8«rar Improvemtnt Bonds Sirin a/1/B2 PRIOR ORIGINAL DEBT SERVICE ToWM FISCAL TOTAL r-' ‘am M1O0M aioi/aoos liiaow amaow M1/aOM afoiiaooT Miooor aiDiaooi 195.000. 00 106.00000 170.000. 00 m 100.000. 00 * ioo.ooaoo HOOK saooK « 6.000% 6.400% m 6000% 22.027 JO 10J7S.0O 10.070.00 14.806.00 14JOO.OO 0.947.60 9.947.SO 0,007 JO 6.007.00 177.027.00 10J76.00 108.076.00 14J06.00 100J06.00 9.047.00 109.947.00 9,007JO 100.007JO 177.027.90 202.700JO 204.170.00 100.006.00 199.176.00 T«M 000,000.00 119017J0 979.017JO YCLD STATISTICS KW|hnA¥Wipl8immy(F>fStl^. •iiiiitsi*2J71VMn 2J71V«m 6J170174K riCFUNDMO BONO INFORMATION ........................................................................—......... RiOiwdint BMnii Otl»..»»«•••••••••«•••••••»«»• ••••• 7AH0003 7A1/2003 LftOim fei PuWe nnom 4inet 1066 Flit a OiM4.«684r 02 12.000MINQII MNVOn W 0000310:00 AM PiQoS ..A—.I iMu riT'-rnifi lINMi* MAY. 20.2003 8:13AM EHLERS & ASSOC.NO. 7371 P. 6/7 Orono, MN PrepoMd Currant Rsfunding of $2,000,000 G.0 Sowor Improvomont Borxte DEBT SERVICE COMPARISON Dm ToWPH HsIN mIVS OUNMIVB Swine*FISCAL TOTAL 701/3001 •• 2A10004 1W,37^71 100,173.71 177,127.50 0,464.76 0,464.79M1O0M7.161.7S 7,161.76 16J70.OO 11.72126 2101/3006 167,1R7S 167,151.76 101,078J» (1270.78)A442.90laiAOR6bl46.75 5A40.76 14J06.OO S7362S •amaoM 100,646.70 160,040.76 in,666.00 (1.2R.7S)7,472.60M100004R0.00 4,210.00 0,M7.60 6,717.60 • 201/3007 104,210.00 164J10.00 1M.S47J0 6,717,60 11.416.00MH/2007 2,260.00 2m00 6,007.60 Z037.60 24M/30M 162M.00 102,200.00 100,067.80 7,037.50 10,076.00 ToW t33.397.71 033.137.71 m '-7JO 46,476.76 • PRESiltn-VAU« ANALYSIS SIAMMAV (NET TO NET) IMnVCMMowtortiwA 3.03S«(MO .................................................. 4SJ40.M 43,24Q.« ConMntwcyorAoMiNlHgAmwmt NET PRESBIT VALUE BENEFIT.ABM.M S47.W910 NErpVBENEFir/ 3300,000 REFUNDEDFRMCIPAL.. NETFVBENEFIT/ S0O5,000 REFUNDINOPRINCIPAL. OJ07« S.410% REFUNDING BONO INFORMATION RtNiMlIno DaOvtiy Dair .......................................................................................................... 74)1/3001 7/010001 pOR* kf«NiLftOmin PuMe FkuHiet tinet 1965 Fto > OrenoMa Cw Rfl of Sw R S2.000K 00 S«r bi«(v Bd>-SMOLS PURPOSE VI00031IMIIAM . ; m r«> ’/3 II P«0»4 \A'J MAY. 20.2003 8:13AM EHLERS & ASSOC.NO. 7371 P. 7/7 Orono. MN PrepoMd Currant Rtftjnding of $2,000,000 0.0 Sower Imprevomont Bonds CURRENT REFUNDING ESCROW OM PMnoWW RWi inWratt ItoroWW Oi CMtiSSme* 7/01/2003 0101/1001 m 000.17000 • • 1.1400000% 020.50 0.41 050JM.S0 • 000.000.00 0.41 Total •98.17000 030.80 000.000.00 000,000.00 • INVESTMENT PARAMETERS InvwimMi MOM IPV. QIC. «r SMUdHMl.. ............................................................................................................ • M • M CM ••••• ••• •••••••••••••••••••••*••*••»•••••••••••.•••••••• 041 iw.imQo SIM,170.41 T«|« CoS of ImMMmnta it boM yWd.................................... ****$$^^^*****«***«**# ^0•••••••••••••soots••%•••••••••ASS#os m .. IOSS.a9.H (040.03) raw fcr A0MnQB Puipotii....................... jBttW m W Lots Ommwm M S««n (OLOS) MM 4br. i.iei4iiiK 10723030% •*•#•••«•»•»••••••«••••••# •«•«•••••OtSSSO**4 ••••••SSSSSSSs*antoon FM • Ofono.lMD Cur IW of Sir 12 S2.000K 00 Swr bnpiv BM 8MQUE PURPOSE wsaoniosoMi & 1 ...... HAY 1 2 2003 REQUEST FOR COUNCIL ACTION CITY OH ORONO 0 DATE: May 9,2003 ITEM NO: l9 Department Approval: Nunc Lin Vee Title City Getk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval LIMITED LEGHOLD TRAP PERMIT 1. Morris and Dorothy Levy 2425 North Shore Drive ONE DAY GAMBLING PERMIT - RESOLUTION 1 . Minnesota State Horticultaral Society Great Minnesota Plant Swap Otten Brothers Nursery and Landscaping June 7,2003,7:00 a.m. - 3:30 p.m. COUNCIL ACTION REQUESTED: Motion to apptove/deny the above listed licenses. LIMITED LEGHOLD TRAP PERMIT PERMIT NUMBER: FEE: PERMIT EXPIRES: 2003-001 $20.00 December 1,2003 THIS PERMIT AUTHORIZES Morris and Dorothy Uvy to trap: for: at: from: # of traps: maintenance: RESTRICTIONS: Beaver Control of animal nuisance 2425 North Shore Drive May 13,2003 - December 1,2003 12 Check traps every morning and remove beavers This permit is issued for only the above purpose. The holder must obey all of the laws and ordinances of the United States, State of Mirmesota, Minnesota Department of Natural Resources, County of Hennepin, and City of Orono in the use of this permit. It is understood that A1 Leuthner, a local professional tit^)per who is working with the property owners, will properly maintain the trap lines on a regular basis. The permit may be revoked at any time by the City of Orono by notifying the holder in accordance with the ordinance granting the permit. Date issued: May 13,2003 Rcnald J. Moorse, City Administrator (SEAL) 2730 Kelley Parkwty, P.O. Box 66, Ciystal Bay. MN 53323 Phone: 932>249<4600 / Fax: 932-249-4616/wM’w.ci.orono.im.us Conrrol Number INITIAL COMPLAINT REPORT Orono Police Department 0:5 -/fyo jMN0271500 1 c/z/oJ BADGE How Rcc’d Time Reported Time Assign Time Arrive Time Clear jT Vo Grid Place Committed / MOCCode o CJ o ucs 01 ‘i‘nx} 02 03 P.C. Codes Suspect = Sus Victim = Vic Reporting Party « RP Owner = Outi Ufte der = Of Driver * Di Witness K Wit Other = Oth COP"* Assisting Units: .-TP . 'C NAME (tasti ' \I ^ (Fiat) ^ (MiddU)Ll^/u . /norns: O. lADDRESS y ^r DOB 1 STATE ZIP j SEX RACE 1 IPHONE Homt Vibrk CtU OfH^r E N/\^tE (Last) (Firsi) |>liddk) Dbb ICli'Y STATE ZIP SEX RACE 1 IPHONI1 H<mg mrk CtJl Otfur 1 pc“NAME (Lott) (fint) (MuUUf | ADDRiESS DOB 1 iCrTY STATE ZIP SEX RACE 1 IPHONE Home Hbf* -------------------------------------------- CjU OiArr 1 Arrest----- Citation — Warning-----Jail------- Detox___ Tab Chaige Video Tape----- Audio Tape Lnipound: Auto----- Plate Prop Inventory___ Acc Report Imp Consent. — Influence Report ----- Photos- Comm Vehicle Rpt ----- Overweight___ Statements RCJIC^LL___ COPYTO: a BEE] CX).ATTNY. □ CITYATTNY. □CCXJRT 3 CHIEF □IMP. CONS □INV. 3 CSO □OTHER 3 DISPOSITION: Untoundnd 3 Cleared By Arrest □Ref. Other Agency □ inaettve □Omer: OFnCER ’S SteSATVRE SMfMtyOor Arrttt -----------—. Rtnrw lOrrr APPLTCATIOH LIMITED LEGHOLD TRAP PERMIT DATE • Z* ^ Application Number:____ Name. t<^ C, L^t// ’j)cj(ij7TH t C . L^i_____________ Aridress! 2-*4^*^ _____<^JM^frT^ /ihJ * Location of Traollnei "1^7 C ^it> Or. /V.,^/1/*^_____________ Number of Traps: f 3i Maintenance procedure for trapl Ine: C/tfi'ck ' A/vJ. lyf/K'tl'S________ Period of time needed for permit: /7^,4y ! Purpose ( Include written statement of hardship) 'Trftp L<'r \ tri e' A/o/, A-h c^ ’h/'c^i/ i&Ma f.Ltk^To t. /iyevv:^ t^\‘csjchj y/),^ /)L ______LccaL 'TrApp^r l*jH/ t~rAji /ri¥je^ niAf niAj rX 9<^-/^7(b________ I agree to furnish a certified property ovmers list of property owners within 50C feet of trapping area. Property owners will be notified of application, I agree to abide by all applicable Federal, State, and Local Laws including ordinance 232. ' Signature or (rf Applican%^ $20.00 Fee Date Check Cash f Initials uw y paidr^V _ wj RECOMJffilJDED: Yes Vj^ No I ! Public Saf>^y Director APPROVTSD :Yes J No City Administrator Certified list of property ov.Tiers within 500 feet of your trapline can be obtained from the Hennepin County Property & Description Office, A~603 County Government Center, downtown Miruieapolls. i 11 ■ iWiWllW i » •r* L ’•'te.: 4 , ff' May 2,2003 Mrs. William Tenny 2385 North Shore Mve Wayzata, MN 55391 Dear Mrs. Tenny: The Levy residence at 2425 North Shore Drive has applied for a Limited Leghold Trap Permit to control the beaver population which is apparently causing a problem to the trees in the area. By City Ordinance, we are required to inform you that this permit will be considered before the City Council on May 12,2003. If you wish to comment about this application, you are encouraged to rq>pear before the Council at that time. If you have any questions, please contact Sgt. Kurt Erickson of the Orono Police Department, 952-249-4700. Cordially, Sue Bobzien Ofllce Manager Orono Police Department May 2,2003 Kingsley Muq>hy 2265 North Shore Drive Wayzata, MN 55391 Dear Mr. Murphy: The Levy residence at 2425 North Shore Drive has applied for a Limited Leghold Trap Permit to control the beaver population which is apparently causing a problem to the trees in the area. By City Ordinance, we are required to inform you that this permit be considered before the Cit)' Council on May 12,2003. If you wish to comment about this application, you are encouraged to appear before the Council at that time. If you have any questions, please contact Sgt. Kurt Erickson of the Orono Police Department, 952-2494700. Cordially, Sue Bobzien Office Manager Orono Police Department • • V otuwefS Sco F*f1’ «*■ ^<^5 *13'0/77/s 7^/^/ty Si“t< P' L,_ b'3^1 # ita Statutes 2002,97B.655 Page 1 of 1 pj„n^<;nta Statutes 2002. Table of Chaotep nf contents for Chapter 97B 97B.655 Taking aniaals causing daaaga. Subdivision 1. Ownars .and occupants Bay taka cartain aniaals. A person may take mink, squirrel, rabbit, hare, raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the person where the animal is causing damage. The person may take the animal without a license and in any manner except by poison, or artificial lights in the closed season. Raccoons may be taken under this subdivision with artificial lights during open season. A person that kills mink, raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer or employee of the wildlife division within 24 hours after the animal is killed. Subd. 2. Special pexalt for taking protected wild aniaals. The commissioner may issue special permits under section 97A.401, subdivision 5, to take protected wild animals that are damaging property. HIST: 1986 c 386 art 2 s 53; 1987 c 149 art 1 s 50; 1989 c 287 s 5; 1997 c 226 s 33; 2002 c 323 s 12 kt Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. rI'; ’(mJT FU* [r fcli ' * iiHn //\x.'v'->V revuorJes.state.iiin.us/$tats/97B/6SS.html 4/22/03 S 9.11 SBC. 9.11. ANIMAL TRAPPING. Subd. 1. Purpose. It is the purpose of this Section to potential harm that may be inflicted upon people# particularly children# and to prevent the crippling# unselective catching# and destruction of wildlife and domestic animals that may come into contact with traps. Subd. 2. Definitions. As used in this Section# the following terms shall have the following meanings: A. **Leghold Trap" - Any device consisting of two metal jaws which lay horizontally to form a circle# square or similar shape when the trap is set# or a trap which is similar to the above in design and which is intended to catch and secure an animal by the leg# toes or paw. Such a device may be known as a "steel"# "jaw(ed) leg"# "long-spring", "coil-spring", "flat-under spring", "foot", "front-hold", "game" or similar named trap. B. "Trapping" - The setting or laying, or other use of a trap with the intent of capturing or killing an animal. Subd. 3. Leghold Traps Prohibited. It is unlawful for any person to set, place or use any leghold animal trap. Subd. 4. Limited Permits. In extraordinary cases# the Council may grant a limited permit for the abatement of a specific animal nuisance, but only when the proposed use is determined to be in the public interest and will not cause any hazard to children, other wildlife or domestic animals. Permits shall specify time limits for trapping, location, number of traps and approved maintenance procedures of trap lines. Applications for limited permits shall be made to the Chief of Police and shall be accompanied by a written statement of proof of hardship and a certified property owners list of property otmers within 500 feet of trapping area. Property owners shall be notified that such application is being considered by the City. The permit fee shall be as set by resolution of the Council. A RESOLUTION APPROVING THE APPLICATION OF MINNESOTA STATE HORTICULTURAL SOCIETY FOR A ONE DAY MINNESOTA LAWFUL GAMBLING EXEMPT PERMIT WHEREAS, the Minnesota State Horticultural Society has applied to the State of Minnesota Gambling Control Board for a Minnesota Lawful Gambling Exempt Permit to conduct lawful gambling activities; and WHEREAS, the Miimesota State Horticultural Society proposes to conduct a one day gambling activity (raffle) as part of the Great Minnesota Plant Swap to be held at Otten Brothers Nursery and Landscaping located at 2350 Wayzata Boulevard West on June 7,2003; and WHEREAS, the Minnesota State Horticultural Society is required to obtain tqrproval of the gambling activity fix>m the city in which the activity will occur. NOW, THEREFORE, BE IT RESOLVED, the Orono City Council does hereby approve the application for a Minnesota Lawful Gambling Exempt Permit for the Minnesota State Horticultural Society to conduct a one day gambling activity (raffle) at Otten Brothers Nursery and Landscaping on June 7,2003. Adopted at a regular meeting of the Orono City Council this 12th day of May, 2003. ATTEST:Barbara A. Peterson, Mayor Linda S. Vee, City Clerk ' r, ! : . r 05/07/2003 14:^2 6516385203 UarON2003 1B:48 m' Froo-CITY OF OROIIO GRAYxSTIMSO 48S22484III PAGE 02 TMOl P.002/001 F-727 ' / Date Received Jo3 S10.00 Fee_____________ CityofOrono Application for Gambling Activity m □ Frerabes Renewal Effective Datci: I Oae^PayLawftdi^^l^Eiw^t a Bingo □ Paddlewheeb □ Fnll-Tabe to^Raffle o Tfpboards I Address Phone I. T7_ Pbuutg M»J *s^l 13. >^3 Applicant Affilieiion with Organization Address — Phone ■ Establishment^Vher* GamblingwOllie Co^ucted KJUAML\a^ AddressCP-KD ijll. \)^fvgJVLX) Property Owner CL<-^ ' Gambling Manager (midillc) Phone ^_______________ Name/Description ofEvent w\JtAjr (loO m M— Required Submittals: |xa''^^Copy of permit application from the Minnesota State Oambling Control Board ''Or Sketch plan of area being leased for gambling activi^ The Orono Chief of Poliw shall have 30 dMjt^htelue^vestlsate and make a recommendadm punuant to Orooo Muflieipal Code Sectioa5.23,9ub^(D).n^W|lenm:edapplicaathcrebyagreaibtheeoadidoos quoted in Seetioo 5.23 of ^e Otono Municipal jgo^ldjad any ada1y>^apwirenicna the CUya^ff may have; Date:-^/ 1 I 0-SSignature of applicant; 2750 Kritay Pvkway, P.O. Box 66, Cry sal Bqr, MN 55323 Phone: 952-249-4600 / Fax: 952-249^616/v^'ww.ci.oronoann.ut 1 05>87/2ee3 14:09 6516985203 GRAY*STIMSO PAGE 03 Iiar07>2001 I0:4lu FroKITY OF OWNO ♦HtMMIIS T*40l P.OH/OOi F-727 GlTYor ORONO OfBccs umnutnm Z7S0 MKy NrtMny Omu, MN S53SS amaguaia: P.O. en 66 Clistal 9v. MN SSt IV PATAmRlVACYAPVlSORY lateeordancewitbM^. 13.04, Subd. 2, 'Wglitsofsubjectscifdati”,wf would like to inform you ttiityour request for a peimK or license from the City of Orono or any of its departmeno may require you to fumifo certain private or confidentia] infomadon. ^^ia£n you furnish will be used to determine your qualificadoo for the permit or license requested. 2. Youmqyrefosetosupp^data, but refosalnu^ requite that die City deny the permit or license.— 3. Tba information may be shared whh ocher local, state or federal ageoelea to die extent necessary to process the permit or license. 4. If your requestad peimit or license requires Council acdon to ^lpIove, some informadoo may become public. i $. You hAve cefttin righti imdtr MS. 13.04 to review privete data on yourself. ‘ 6. Your foil name is required to process this appUcarion or parmit Kd-vW Gl ____NAMJC: first middle ADDRESS:eji^ house number street nau DATE OF BIRTH: L.10! hS-PHONE: noath/ day f year ted above. / 7 /os' tare dam UepbeoaCMDUMSOO • las «nrmcLBtono.miuai MMfU L_mai.ei ■ —..................................—^ 05/07/2003 14:09 6516985203 Ihy07-200l I0:4hfe FrM-CITT OF Wm GRAVXSTIM50 ♦1921414611 PAGE 04 T-401 F.IOI/DOt T I * V •tv . V \ 1/:s, ^5 <1 W ............. \/uiAJLo^ V \ \ Titia ( ■ JL I 05/07/2003 14:03 6516905203 GRAY*STIMSO PAGE 05 MinnosoUi Lawful Gambling LG220 Application for Exempt Permit Fee • $25 Organization Information Page 1 of 2 S/DI For Board Use Only Fee Paid Check No. levlous lawful gambDng exemption number J ____r- Staie/ZB Cod^ Name of chief executive officer (CEO) First name 5ameoMft /p Lwtnarje Name of tfeasurer First name Last name Daytime phone number of CEO Daytime phone number of Typa of Nonprofit Organization Check the box that best descrtoes your organizat'ion; 0 Fraternal O Ra^us Q Veteran Ip^Otfier nonprofit organization' ~ Check thepex that indicates the type of proof your organization attached to this application: letter indicab'ng income tax exempt status Certificate of Good Standing from the Minnesota Secretary of State's Office r~| A charter showing you are an affiliate of a parent nonprofit organization 1 I Proof previously submitted and on file with the Gambling Control Board Gambling Pramises Information Name of premises where gambling activity wil be conducted (fo^ffies, list the site where the drawing will take place) State/Zp CMeAddress (do not use Pp bo)0 m.County Date(s) of activity (for raffles, indicate the date of the drawing) P. 0CP3 Ch&k the box or biCh%ck box or boxes^t indicate the type of gambling 'activity your organization will be conducting: ^JrffafftesiI i ’Bingo taffies (cash prizes may not exceed $12,000) I I ’Paddlewheels [~~| ’Pul-Tabs r~|*Tlpbeafds ’Equipment for these activities must be obta‘x:ed from a Icensed distributor. This form will be made available In alternative format (i.a. large print. Braille) upon request The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be Involved in lavdul gambing activities in Minnesota. You have the right to refuse to supply the infbnmatioh requested, however, M you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to Issue you a permit If you suppV the informat'Bn requested, the Board wil be able to process your appfcatlon. Your name and and your organization's name and address wil be public hfonrurtion when received by the Board. Al the other information that provide wil be private data about you until foe Board issues your permit. When the Board Issues your permit, a!l of foe Information that you have provided to the Board in foe process of applying for your permit wM become pubi c. If foe Board does not Issue you a permi, all foe infonnaiion you have provided in foe process of applying for a permit remsbis private, with foe exception of your name and yourorgantzation's name and address wh'ich wl remain pubSc. Private data about you are available only to foe following: Board members, staff of foe Board whose work assignment requiret that they have access to foe information; the Minnesota Department of Pubic Safety, the Minnesota Attorney General: the Minnesota Commissioners of Administration, Finance, and Revenue; foe Minnesota Legislative Auditor, national and international gambing reguletofy agencies: anyone pursuant to court order, other individuate and agencies that are specificaly authorized by state or federal law to have access to the information: indMduals and agencies for wh'ch law or iegai order authorizes a new use or sharing of tnfbrmation after this Notice was given; and anyone wHh your consent 05/07/2003 14:09 6516985203 GRAV*STIMSO PAGE 06 Intern*! Service Department of the Treasury P. O. Box 2508 Cincinnati. OH 45201 Date: November 6,2001 Minnesota State Horticultural Society 1755 Prior Avenue North Falcon Heights MN 55113 5549 Person to Contact: Shawndea Krabs 31-02330 Customer Service Representative Toll Free Telephone Number: •:00 am to l;9€ pjm. E$T 877-829-6500 Fax Number: 513-263-3756 Federal Identification Numben 41-0635199 Dear Sir or Madam: This lettsr is in response to your request for a copy of your organization's determination latter. This letter will take the place of the copy you requested. Our records indicate that a determine'Jon letter issued In January 1657 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because ft is an organization described in section 509(a)(2). 4 This classification was based on the assumption that your organization's operations would continue as stated in the applica^on. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the ^ange on the exempt status and foundation status of your organization. • - 4 Your organization is required to file Form 990, Return of Organization Exempt from income Tax. only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fift|i month after the end cf the organlzaticn's annu^ accounting period. The law imposes a penalty of $20 a day. up to a maximum of $10,000, when a return is filed late, unless there Is reasonable cause for the^delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contribution/Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax Imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automaticaljy exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devjses. transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055,2106, arKi 2522 of the Code. r B5/07/2003 14:09 6516985203 GRAVXSTIMSO PAGE 07 tiilf fStfiUiiWifiiatif ‘^ 7 LO220 Oiganbaton Namt. Local Unit of Gowmm^nt Acknewtedoment If tha gambling pramisas Is within city limKa, tha city must sign this appUcabon.______ On bahalf of the city. I acknowledga thb apprcation. Check tha action that tha cHy Is taking on this appllcatton. PI The city approves the appfieation with no LJ waiting period PI The city approves the application with a 30 day LJ waiting period, and allows the Board to issua a perms after 30 days (60 days fbr a first class city). Q The cl^ denies the appfieation. Print name of cSy. (SIgnatuia of dly personnal lacaMng appicalton) TWe________ Data.I If the gambling premises Is located in a township, both tha counbrand township must s'an this application. On behalf of the counbr. I acknowledge this appfieation Check tha action that the county is taldng on this application. PI The county approves the application with no U waiting period. n The county approves the application wSh a 30 day wafting period, and allows the Board to issue a permit after 30 days. Q The counfy denies the application. Print name of county (Signature of county personnel raeoMng appfcalfan) TWO____________ Date./_7 TOWNSHIP: On behaV of tha township. I acknowtodgoftiat the ergankai^n is applying for exempted gambing actMly wWiln tha township fmits. [A township has no statutory authority to approve or deny an application (Minn. Stat sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging appication) TWe_ Date.// Chief Executiva Officer’s Signature The information provided In this application is complete and accurate to the best of my knowledge. Chief exBCUtiuB oflicer's signature. Name (please print).Date. Mail Application and Attachments At least 4S days prior to your scheduled activity date send; • the completed application, • a copy of your proof of nonprofit status, and • a S2S application fee (make check payable to “State of Minnesota"). Application fees are not prorated, retlindable, or transferable. Sand to:Gambling Control Board 1711 West County Road B, Suite 300 South Roeeville, MN M113 If your appfieation has not been acknowledged by the local unit of govsmmant or has been denied, do not send the appka^ to the Gambling ConM Board. i ! CITY OF ORONO Check Detail Register® ____-«Mri MAY 1 2 200J ClirOhOHOfVU 05/OdA03 2:32PM Pagel :(S) MAY 2003 Check Amt Invoice Comment 10100 Primary Cash Paid Chk# 075760 4/14/2003 WESTSIDE EQUIPMENT E 101-43000-402 Repairs/Maint-Auto Equip ($32.00) 510444 Void Check 75780 ToUl WESTSIDE EQUIPMENT ($32.00) Paid Chki 075889 5/7/2003 MINNEHAHA CREEK WATERSHED DIST E 425-48945-441 LIcanses & Taxes Total MINNEHAHA CREEK WATERSHED OIST $49.84 03-050 $4984 Nav Fire Permit-Mailing Costs PaMClMl 075890 5/7/2003 MSANI E 101-42110-437 Training & Development Total MSANI $35 00 5/21/03 $35.00 ' Can/Am Conference - Fischer Paid Chki 075891 4^0/2003 DCA • WIRE ONLY 0101-21719 DCA/Spending Accounts Total DCA-WIRE ONLY $509.02 4/30A)3 Spending Accounts 4/30 $509.02 TaldChk# 075892 5/12/2003 RICKS SUPERVALUE E 101-42110-229 D A R E. Supplies Total RICKS SUPERVALUE $110.00 DARE DARE Grad Cakes $110 00 Paid Chk# 075893 5/li/2003 ANDERSON, KRISTI E 101-41300-319 Other Professional Services $165.00 5/5/2003 Council Minutes 4/28 E 101-45200-319 Other Professional Services $1^65 00 5/5/2003 Park Minutes 5/5 ToUl ANDERSON, KRISTI $330.00 Paid Chk« 075894 E 101-41900-201 Office supplies E 101-42110-439 Meeting Expenses E 101-41900-489 Other Miscellaneous Charges Total ARAMARK REFRESHMENT SERVICES $109.00 $109.00 $54.50 6013-317064 6013-317065 6013-317066 Coffee Coffee Coffee $272.50 Paid Chk» 075895 5/12/2003 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txbl Total AUGIES MOBILE CHEF $30 60 14754 Hot Dog. Cheeseburger $30.60 Paid Chk« 075896 5/12/2003 BANYON DATA SYSTEMS E 101-41500-437 Training & Development Total BANYON DATA SYSTEMS $70.00 10147 Seminar - Pettit. Olson $7000 PaidChk# 075897 5/12/2C03 BCA - FORENSIC SCIENCE LAB E 101-42110-437 Training & Development $320 00 4/28/03 Tout BCA - FORENSIC SCIENCE LAB $320 00 Intx 5000 Recert Class Paid Chk» 075898 5/12/2003 BEAUCHENE MAILING E 101-41900-352 Printing & Publishing ToUl BEAUCHENE MAIUNG $367.20 195 Sphng 2003 Newsletter $367.20 Paid Chk# 075899 ^12/2003 BFI OF MINNESOTA, INC E 101-45200-404 Repairs/Maint-Bldgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds E 613-49830-404 Repairs/Maint-Bldgs/Grounds Total BFI OF MINNESOTA, INC $7890 $251.17 $65.10 $39517 1307115 Solid Waste -Bedeneood 1307420 Solid Waste -CH 1307461 Solid Waste -GC Paid Chk# 075900 5/12/2003 BIFFS INC. E 101 -45200-415 Other Equipment Rentals $7211 W187159 Portable • Bederwood CITY OF ORONO *Check Detail Registei® 05/09/03 2:32 PM Page 2 MAY 2003 Check Amt Invoice Comment ToUl BIFF8INC.$72.11 Paid Chki 075901 5/12/2003 BOTTENBERO, WENDY E 10M2400-437 Training & Development Total BOTTENBERO. WENDY $24 25 5/1/03 $2425 Affordable Housing Seminar Paid CtM 075902 5/12/2003 BOYER FORD A TRUCK E 101-43000-222 Vehicle Equipment A Parts E 101-43000-221 Equipment Parts A Accessories Total BOYER FORD A TRUCK $5610 20416R $27.00 20475R $83.10 Parts #426 Belt PM Chk# 075903 5/12/2003 BRINKHAUS, JACK E 101-43000-212 Motor Fuels A Lubricants Total BRINKHAUS. JACK $15XW 4/28/03 $15 00 Fuel - New Truck Paid Chkf 075904 5/12/2003 BUDGET PRINTING E 101-42110-229 D A R E. Supplies E 601-49400-489 Other Miscellaneous Charges Total BUDGET PRINTING $82 34 26473 $825 4/23A)3 $90 59 DARE Certificates Shipping - Dept of Health Paid Chk« 075905 5/12/2003 BUDIG. STACIE E 101-42110-437 Training A Development Total BUDIG. STACIE $^6 35_ 5/6/03 $31635 Business Computers l-Budig Paid Chk# 075906 5/12/2003 BUSINESS FORMS A ACCOUNTING E 101-41900-201 Office supplies $1^087.73 31056 Total BUSINESS FORMS A ACCOUNTING $1.087 73 Laser UuHty Bill Paid Chk# 075907 5/12/2003 CHAMPION AUTO STORES E 101 -43000-221 Equipment Parts A Accessories Total CHAMPION AUTO STORES $J5:9^D192396 $15.95 Drip Pan Paid Chk# 075908 5/12/2003 CHUNKS LAKESHORE AUTO E 101-42110-402Repairs/Maint-Auto Equip $131.1023595 Air Bag #194 E 101-42110-402Repairs/Maint-Auto Equip $29 38 23621 Oil Change #185 E 101-42110-402Repairs/Maint-Auto Equip $589223635 Oil. Light #191 E 101-42110-402Repairs/Maint-Ajto Equip $2262223645 Trans Service #185 E 101-42110-402Repairs/Maint-Auto Equip $252 58 23648 Oil. Brakes #193 E 101-42110-402Repaira/Maint-Auto Equip $420023697 Door Panels E 101-42110-402Repairs/Maint-Auto Equip $322623747 Oil Change #196 E 101-42110-402Repairs/Maint-Auto Equip $1759123751 Oil. Tune Up *91 Oils E 101-42110-402Repairs/Maint-Auto Equip $2950323754 Oil. Brakes #190 E 101-42110-402Repairs/Maint-Auto Equip $390 63 23765 Radiator *91 Olds Total CHUNKS LAKESHORE AUTO $1.6^03 Paid Chk# 075909 5/12/2003 DBSP.INC E 651-49910-240 Small Tools and Minor Equip G 651-20806 Due to Govts-State Sales Tax Total DBSP.INC $3.722 18 MN-20 ($227.18) MN-20 $3.495 00 ASIST Software Suite ASIST Software Suite Paid Chk# 075910 5/12/2003 DEPT OF ADM - INTERTECH GROUP E 101-42110-311 Data Processing Communication E 101-41900-321 Telephone E 101-42110-321 Telephone Total DEPT OF ADM - INTERTECH GROUP $37.00 DV0303317 $95 93 W03030598 M1J2 W03030598 $174.05' PVC Circuit 3/2003 Phone Service 3/2003 Phone Service 3/2003 Paid Chk# 075911 5/12/2003 E^ RECYCLING CITY OF ORONO 0SA)9A)32:32PM Page 3 *Check Detail Register® MAY 2003 E 101-43270-316 Contract Recycling Pickup Total E-ZRECYCUNO CheclcAfnt Involco $6,409.20 5106 Coniment Recydtng - 5^2003 $6,409.20 Paid C.hKf 075912 5/12/2003 E.S.G. COMPANY INC. E 101.43000.403 Repairs/MaintAAtC. Equip Total E.S.G.COMPAMYINC. $190.00 7469 $190.00 Sharpen Blades Paid ChWP 075913 5/12/2003 EARL F. ANDERSON ft ASSOC. E 101-43000-224 Street Maint. Materials/Supply $1,768.43 53292 street Signs E 101-43000-224 Street Maint. Materials/Supply $6M.5^ 53328 Street Signs Total EARL F. ANDERSON ft ASSOC.$2,402.96 Paid Chk« 075914 5^^2^200'< ENGINEERINO REPRO SYSTEMS E 101.41900-201 Office supplies $190.10 48129 Scan\Copies Total ENGINEERING REPRO SYSTEMS $190.10 Paid Chki 075915 5/12/2003 ESS BROTHERS ft SONS £602-49450-227 utility System Maint Supplies $50 06 FP1043 AdjRing Total ESS BROTHERS A SONS $50.06 Paid Chk« 075916 5/12/2003 EXPRESS MESSENGER E 101-41900-322 Postage $17.16 8-319016 Delivery to Hinshaw Total EXPRESS MESSENGER $17.16 PaidChkil 075917 5/12/2003 FARNIOK, CORREY E 101-42110-437Training & Development $6 00 4/18/03 Parking - Chiefs Conference Total FARNIOK, CORREY $6.00 PaidChk« 075918 5/12/2003 GftKSERVICES E 601-49400-226 Clothing ft personal equipment $11 55 536344 Uniforms E 101-43000-226 Clothing & personal equipment $69 23 536544 Uniforms E 613-49830-226 Clothing & personal equipment $5 49 536544 Uniforms E 602-49450-226 Clothing & personal equipment $34 65 536544 Uniforms E 101-43000-231 Equipment Parts & Accessories $49.97 543473 Shop Towels E 613-49830-226 Clothing & personal equipment $5 49 543473 Uniforms E 101-43000-226 Clothing & personal equipment $69 09 543473 Uniforms E 602-49450-226 Clothing & personal equipment $34 56 543473 Uniforms E 601-49400-226 Clothing & personal equipment $11 52 543473 Uniforms E 613-49830-226 Clothing & personal equipment $5.49 550297 Uniforms E 101-43000-226 Clothing & personal equipment $66.23 550297 Uniforms E 602-49450-226 Clothing & personal equipment $33.15 550297 Uniforms E 601-49400-226 Clothing & personal equipment $11 05 550297 Unifroms E 101-43000-404 Repairs/Maint-BkJgs/Grounds $94 98 550298 Mat Service • PW E 602-49450-226 Clothing & personal equipment $37.41 557200 Uniforms E 613-49830-226 Clothing & personal equipment $5 49 557200 Uniforms E 101-43000-221 Equipment Parts & Accessories $51.76 557200 Shop Towels E 101-43000-226 Clothing & personal equipment $74.78 557200 Uniforms E 601-49400-226 Clothing & personal equipment $12 47 557200 Uniforms E 601-49400-226 Clothing & personal equipment $1105 564107 Uniforms E 101-43000-226 Clothing & personal equipment $66 23 564107 Uniforms E 602-49450-226 Clothing & personal equipment $33.15 564107 Uniforms E 613-49830-226 Clothing & personal equipment $5.49 564107 Uniforms Total GAK8ERVICES $80028 E 101 -43000-221 Equipment Parts & Accessories $286 132025 Misc Supplies cmr OF ORONO *Check Detail Reglstertg) OSm/03 2:32 PM P»ge4 MAY 2003 CKeck Amt Involc# E 101-43000-222 E 101-42110^221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-222 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 602-49450-212 Vehicle Equipment & Parts Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Vehicle Equipment A Parts Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Motor Fuels A Lubricants Total GENUINE PARTS CO. ^Wjment $28.49 $10.14 $1979 $963 $43.54 $17.71 $7.09 $23.47 $41.72 $22.75 $21.77 $6.17 $27.56 $5.73 $12.45 738036 738192 738629 738657 738949 739005 739270 739346 739991 740031 740186 740372 741292 741367 742145 Oil Filters Bui) Halogen Bui) Mud Flap Halogen Bulb Air Filter Carb Cleaner Air Filter Oil Filter, Dm Plug Pliers. Wrench Air Filter, CIng Supplies Svveeper Parts Exh Pipe Lamp Oil $300.87 Paid Chki 075920 5/12/2003 GOLF CAR MIDWEST E 613-49830-415 Other Equipment Rentals E 613-49830-415 Other Equipment Rentals Total GOLF CAR MIDWEST $196.83 $1,600.00 300730 9904 Cart Top Repair Golf Cart Lease-4/2003 $1,796.83 Paid Chk« 075921 5/12/2003 HACH CHEMICAL CO. E 601-49400-216 Chemicals and Chem Products E 601-49400-227 Utility System Maint. Supplies Total HACH CHEMICAL CO. $310.67 $82.22 3411973 3417554 Chlorine. TesUng Supplies Lamp Assy. Manual $392.89 Paid Chkf 075922 5/12/2003 HAWKINS CHEMICAL E 601-49400-216 Chemicals and Chem Products Total HAWKINS CHEMICAL $147.60 518736 Chlorin. Flourine $147.60 Paid Chki 075923 5/12/2003 HENNEPIN COUNTY INFOR TECH DPT E 101-42110-414 EDP/Communications Equip Rent $1,651.73 23048017 Total HENNEPIN COUNTY INFOR TECH DPT 2003 Radio Lease $1,651.73 Paid Chki 075924 5/12/2003 HENNEPIN COUNTY SHERIFF E 101-41600-309 Jail Charges $753 63 4/28A)3 Booking Fees 3/2003 Total HENNEPIN COUNTY SHERIFF $753.63 Paid Chk# 075925 5/12/2003 HERMAN. JOHN E 101-42110-221 Equipment Parts A Accessories Total HERMAN. JOHN $4 25 4/29/03 Butt) - Smart Trailer $425 Paid Chk« 075926 5/12/2003 HOOVER FENCE CO E 101 -42400-221 Equi»'ment Parts A Accessories G 101-20806 Due to Govts-State Sales Tax Total HOOVER FENCE CO $5259 ($321) 111922 111922 Soil Probes Soil Probes $49 38 Paid Chki 075927 5/12/2003 J H LARSON COMPANY E 101-41900-223 Bldg/Grounds Maint. Supplies Tout JH LARSON COMPANY $27.48 4340660-01 Light Butt)S $27.48 Paid Chk» 075928 5/12/2003 JORSTAD A REUTHER COM E 101-419(X)-352 Printing A Publishing Total JORSTAD A REUTHER COM $720 00 $720 00 1978 Srping 2003 Newsletter P^ Chki 075929 5/12/2003 KEEPERS t •CITY OF ORONO 05/09/03 2:32 PM Pages *Check Detail Register<§) MAY 2003 Check Amt liivolc# Comment E 10M2110-226 Clothing & personal equipment ToUl KEEPERS $100.95 13052 Shoes. Shirt - Tomcheck $100.95 Paid Chk# 075930 6/12/2003 KENNETH N. POTTS. PA E 101-41600-306 Legal-Prosecution $2.391.66 5/2/2003 Total KENNETH H. POTTS. PA $2.39166 ’ Prosecutions 4/2003 Paid Chk# 075931 5/12/2003 LABOR RELATIONS ASSOC E 101-42110-319 Other Professional Services $273 00 4/1/D3 Total LABOR RELATIONS ASSOC LELS Contract $273.00 Paid Chk# 075932 5/12/2003 LASER TECHNOLOGIES INC E 101-42110401 Repairs/Maint-Office Equip $110.00 106475 Total LASER TECHNOLOGIES INC $110.00 ^ Laser Printer Service - PD Paid Chk# 075933 5/12/2003 LEAGUE OF MN CITIES E 101-41300-437 Training & Development E 101-43000-437 Training & Development E 101-41110-437 Training & Development Total LEAGUE Of MN CITIES $20.00 1-000014166 $20.00 1-000014166 $295 00 1-00013995 LCW-Vee LCW • Brinkhaus LMC Conference • Peterson $335 00 Paid Chk# 075934 5/12/2003 LEHNE*S TIRE SERVICE E 101-43000-489 Other Miscellaneous Charges Tout LEHNE'S TIRE SERVICE $56.00 11838 $56 00 Scrap Tires Paid Chk# 075935 5/17^2003 LONG LAKE POWER EQUIPMENT E 101-43000-221 Equipment Parts & Accessories $3.18 44357 E 601-49400-221 Equipment Parts & Accessories ToUl LONG LAKE POWER EQUIPMENT $38.32 45003 Spark Plug Plug. Air Filter $41.50 Paid Chk# 075936 5/12/2003 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts & Accessories E 101-43000-221 Equipment Parts & Accessories E 101-43000-221 Equipment Parts & Accessories Total MACQUEEN EQUIPMENT $7309 2033048 :B3.94 2033446 $226.03 2033595 Filter Fan Blade Svveeper Blower Motor $38366 Paid Chk# 075937 5/12/2003 WCFOA E 101-41300-433 Memberships & Subscriptions E 101-41500-433 Memberships & Subscriptions E 101-41300-433 Memberships & Subscriptions ToUl MCFOA $35 00 Dodge $35 00 Pettit $35J)0 Vee $105 00 MCFOA Mbrshp 7/1-6nOA)4 MCFOA kA)rshp 7/1-6/30/04 MCFOA Mbrshp 7/1-6/30/04 pTkl Chk# 075938 5/12/2003 MCLEOD USA • PHONE BILLS E 601-49400-321 E 602-49450-321 E 101-42110-321 E 101-41900-321 E 602-49450-321 Telephone Telephone Telephone Telephone Te' phone $22 74 8934579 $47 40 8934579 $204 69 8934579 $477.60 8934579 $53.07 8934579 E 601-49400-321 «iephone $3945 8934579 Phone Service Phone Service Phone Service Phone Service Phone Service Phone Service ToUl MCLEOD USA-PHONE BILLS $844.95 Paid Chk# 075939 5/12/2003 MIDWEST COCA COLA BOTTLING CO E 613-49900-092 Soft Drinks For Resale $1,171.85 28418738 E 613-49900-092 Soft Drinks For Resale __ ToUl MIDWEST COCA COLA BOTTLING CO $1,121.10 Coca Cola Coca Cola Vini Chk# 075940 5/12/2003 MIDWEST FUELS 1 CITY OF ORONO *Check Detail Register® 05A)9/03^32PM Pages MAY 2003 Check Amt Irwoke Comment G 101*14101 Gasoline Inventory Tout MIDWEST FUELS $1,705.80 13110 1234.3 Gals Unleaded $1,705.80 Chk« 075941 5/12/2003 MINN COMM E 101-42110*321 Telephone E60M9400-321 Telephone £602-49450*321 Telephone Total MINN COMM $36.97 20261005035 Pagers • Police $33.61 48300505038 Pager Service • PW $33.61 48300505038 Pager Service - PW $104.19 PaidChk# 07594^! 5/12/2003 MINNEAPOUS FINANCE DEPARTMENT E 101-42110*311 Data Processing Communication $72.00 40650001323 APS - 4/2003 $288.00 40650001360 APS May • Dec 2003 $360 00 £101-42110-311 Data Processing Communication Total MINNEAPOUS FINANCE DEPARTMENT Paid Chk» 075943 5/12/2003 MINNEAPOUS OXYGEN COMPANY E 101-43000-221 Equipment Parts A Accessories $30.67 RI04030885 £101-42110*221 Equipment Parts & Accessories $15.34 RI04030886 Total MINNEAPOUS OXYGEN COMPANY Oxygen, Acetylene Medical Oxygen $46.01 Paid Chk« 075944 5/12/2003 MN CHIEF OF POUCE ASSN £101-42110-201 Office supplies $25.90 1458 Total MN CHIEF OF POUCE ASSN Permits to Carry $25.90 Paid Chk« 075945 5/12/2003 MN DEPT OF PUBUC SAFETY E 601-49400*441 Licenses & Taxes £601-49400-441 Licenses & Taxes E 101-43000-441 Licenses & Taxes ToUl MN DEPT OF PUBUC SAFETY $100.00 271700003C2 $100 00 27170000402 $25 00 271700006C2 Haz Materials Fees Haz Materials Fees Haz Materials Fees $225.00 Paid Chk« 075946 5/12/2003 MR AUGIES COFFEE SERVICE £613-49900-092 Soft Drinks For Resale $49 50 21574 Total MR AUGIES COFFEE SERVICE Coffee for Resale $49.50 Paid Chk# 075947 5/12/2003 MTI DIST CO. £ 613-49830*404 Repairs/Maint-Bldgs/Grounds ToUl MTI DIST CO. $91.24 348983 Intake Screen $91.24 Paid Chk# 075948 5/12/2003 NATIONAL WATERWORKS £ 601-49400*227 Utility System Maint. Supplies ToUl NATIONAL WATERWORKS $71.70 9286469 Water Plant Parts $71.70 Paid Chki 075949 5/12/2003 NAVARRE HARDWARE £ 101-42110-221Equipment Parts 8 Accessories $382 116060 Lumber £ 101-43000-221Equipment Parts & Accessories $4 04 116087 Lumber £613-49830-223Bkjg/Grounds Maint. Supplies $4624 116201 Paint Supplies £ 101-43000 221 Equipment Parts A Accessories $1522 116214 Galv Pipe. Enamel £613-49830-201Office supplies $27.66 116239 Cleaning Supplies £ 101-43000-240Small Tools and Minor Equip $6.37 116357 Roof Sealant £ 101-43000-221Equipment Parts A Accessories $46 82 116412 Shovel £ 101-43000*221Equipment Parts A Accessories $542 116526 Weather Str^ £ 601-49400-223Bldg/Grounds Maint Supplies $11.54116599 Sump Pump £601-49400-223Bldg/Grounds Maint Supplies $6.38 116613 Clear Sheeting E 10M2110-221Equipment Parts A Accessories $8.69 116619 Double Cut Key £ 101-45200-221Equipment Parts A Accessories $30.12 116740 Trim Brush £ 101-42110-201Office supplies $7.64 116743 Key. Alcohol £ 601-49400-223Bldg/Grounds Maint. Supplies $6.79 116989 Key, Handle £ 613-49830-223Bkfg/Grounds Maint Supplies $1944 116994 Misc Hardware i-f irniri man CITY OF ORONO *Check Detail Register^) 05A>9/03 2:32 PM Page 7 MAY 2003 Checic Amt Invoice Commont E 613-49830-223 E 101-41900-223 E 101-43000-240 E 101-4190CM04 E 101-42110-Z>3 E 101-42110-223 E 613-49630-223 E 613-49830-221 Bldg/Qrounds Main! Supplies Bldg^roundt Main! Supplies Small Tools and Minor Equip Repairs/Maint-Bldgs/Grounds Bidg/Orounds Maint Supplies Bldg/Grounds Maint Supplies Bldg/Grounds Maint Supplies Equipment Parts A Accessories Total NAVARRE HARDWARE $18.01 $33.50 $61.91 $3.18 $33 84 $4.15 $21.99 $3.13 $426.70 117031 117038 117084 117087 117216 117228 117357 117367 Misc Hardware Building Supplies Sockets Hook Misc Supplies Screws Soap, Drain Cleaner Tension Pins Paid Chk# 075950 5/12/2003 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone Total NEXTEL COMMUNICATIONS $680.76 506573311-01 Police CeO Phones $^.76 Paid Chk# 075951 5/12/2003 NORTH MEMORIAL HEALTH CARE E 101-42110-437 Training & Development Total NORTH MEMORIAL HEALTH CARE $50.00 1942 1st Responder Refresher $50.00 Paid C^iidb 075952 5/12/2003 OBERAIONER, SCOTT E 101-43000-489 Other Miscellaneous Charges Total OBERAIGNER. SCOTT $10.00 5/7/03 PresdpIkMi Copay • WC $10.00 Paid Chk# 075953 5/12/2003 OFFICE DEPOT E 101-42110-201 E 101-42110-221 E 101-41900-201 E 101-41900-201 E 101-42110-201 E 101-41900-201 E 101-42110-201 E 101-42400-221 E 101-41900-201 E 101-42110-201 Office supplies Equipment Parts & Accessories Office supplies Office supplies Office supplies Office supplies Office supplies Equipment Parts A Accessories Office supplies Office supplies Total OFFICE DEPOT $58.26 $118.61 $71.20 $74.45 $6093 $20.92 $17.12 $367.27 $64.55 $52.82 200900267-00 200900267-00 200900267-00 2013373134X) 2013373134X) 2013500334X) 201350033-00 201716306-00 202590149-00 202590149-00 Oflioe Supplies Drafting Chair Office Supplies Office Supplies Office Supplies Office supplies Office Supplies Office Chair Office Supplies Office Supplies $906.13 Paid Chk# 075954 5/12/2003 PIONEER E 101-42400-340 General Advertising E 101-42400-340 General Advertising E 101-42400-340 General Advertising E 101-41900-352 Printing A Publishing E 425-48945-340 General Advertising Total PIONEER $111.44 577 $17.91 578 $15.92 579 $29.85 586 $10L^ 589 $276.61 Applications ApplicaUon 2883 Application 2889 Board of Appeals Adv for Bids-Nav Fire Paid Chk# 075955 5/12/2003 PIRTEK E 101-43000-403 Repairs/Maint-Misc. Equip E 101-43000-221 Equipment Parts A Accessories Total PIRTEK $90 41 PL19356 $25 96 PL19370 $116.37 HydHose Etoow Paid Chk# 075956 5/12/2003 PRESS A NEWS PUBLICATIONS E 613-49830-340 General Advertising $420.00 04101573-000 Print Adv-GC Total PRESS A NEWS PUBtICATIONS $420 00 Paid Chk# 075957 5/12/2003 PRUDENTIAL UFE INSURANCE G 101-21710 Life Insurance $85 80 April 2003 0 101-15998 Non-Employee Health Ins $27.50 April 2003 0 101-21710 Life Insurance $587.50 April 2003 Life Insurance 4/2003 Life insurance 4/2003 Life Insurance 4/2003 CITY OF ORONO *Check Detail Register® 05J09102 2 32 PM Pages MAY 2003 -Check Amt Invoice Comment G 101-21710 Life insurance $85.80 May 2003 Life Insurance - 5/2003 G 101-15998 Non-ErTH>k)yee HealOi Ins $27.50 May 2003 Life Insurance - 5/2003 G 101-21710 Life insurance $587.50 May 2003 Life Insurance • 9/2003 Total PRUDENTIAL UFE INSURANCE $1,401.60 Paid ChM 07S958 S/12/2003 QWEST E 613-49830-321 Telephone $5941 9524739904 Phone Sefvioe ToUl QWEST $59.41 Paid Chki 075959 5/12/2003 REED VENDING E 613-49900-093 Concessions For Resale-Txbl $80 70 4671 Snacks for Resale Total REED VENDING $60.70 Paid ChM 675960 5/12/2003 RICKS SUPERVALUE E 613-49900-093 Concessions For Resale-Txbl $11.96 4/21/r>3 Popcorn E 613-49830-201 Office supplies $30 46 4/21/03 Bowls. 1st Aid E 613^9630-201 Office supplies $17.56 4/21/03 Paper Towels E 613-49830-201 Office supplies $12.74 4/21/03 Napkins. Cups Total RICKS SUPERVALUE $72.72 Paid ChM^ 075961 5/12/2003 SCHOENHOFP, JOHN E 101-42110-439 Meeting Expenses $14.79 S/4A)3 DonuU • Reserves Total SCHOENHOFF.JOHN $14.79 Paid Chk# 075962 5/12/2003 SENIOR COMMUNITY SERVICES E 101-41800-490 Contributions to Civic Org's $4,025 00_ 5/1/03 Sr Services - 2nd Qtr 03 Total SENIOR COMMUNITY SERVICES $4,025.00 Paid Chk* 075963 5/12/2003 SNYDER DRUG STORES E 101-42110-201 OfRce supplies $6.37 5039-02252 Scotch Tape Total SNYDER DRUG STORES $6.37 Paid Chk# 075964 5/12/2003 SPALDING E 613-49900-095 Pro Shop Items For Resale $355 39 53869949 Logo Balls Total SPALDING $35539 Paid Chk# 075965 5/12/2003 STANTON GROUP E 101-41900-489 Other Miscellaneous Charges $77.00 334836 COBRA Adm-40003 E 101 -41900-489 Other Miscellaneous Charges $137.75 334837 FSAAdm 40003 Total STANTON GROUP $214.75 Paid ChK# 075966 5/12/2003 STAR TRIBUNE • SERVICE E 101-41900-201 Office supplies ^IJIJO 1913693 Weekly Paper to S/10/04 ToUl STAR TRIBUNE-SERVICE $111.60 Paid Chk# 075967 5/12/2003 STREICHERS E 101-42110-226 Clothing & personal equipment $779 95 344650.1 Ballistic Vest - Anderson E 101-42110-226 Clothing & personal equipment $160 90 3555601 Raid Garment - Fisher E 101-42110-226 Clothing & personal equipment $7 40 359044 2 Name Tag-tec E 101-42110-226 Clothing & personal equipment $74 50 361155.1 Batcri - herman E 101 -42110-226 Clothing & personal equipment $279 80 361233.1 Traffic Vests E 101-42110-226 Clothing S personal equipment $85 09 361681.1 Betts - anderson Total STREICHERS $1,387.64 Paid Chk* 075966 5/12/2003 SUMMIT SUPPLY CORP OF COLORADO E 101-45200-221 Equipment Parts S Accessories $490.97 33403 Picnic Table frames 0 101-20606 Due to Govts-State Sales Tax ($29.97) 33403 Picnic Table frames CITY OF ORONO *Check Detail RegistertD OSM/03 2:32 PM Pages MAY 2003 Check Amt Invoice Comment ToUl SUMMIT SUPPLY CORP OF COLORADO $461.00 PaidChki 075969 5/12/2003 THE HOME DEPOT E 101-45200-221 Equipipent Parts A Acoestoriet ToUl THE HOME DEPOT $119 07 $119 07 4/15A)3 Lumber - Picnic Tables Paid ChM 075970 5/12/2003 THORPE DIST CO. E 613-49900-091 Beer For Retale $6950295745 Beer for Resale ToUl THORPE DIST CO.$6950 Paid Chk# 075971 5/12/2063 TKDA E 601-49400-405 Repairs/Maint-Watermaint/plant $371 17 61589 Leak Location E 402-48032-304 Engineering-Contulting $3.053 82 61716 OCB RdTH12to Fox ToUl TKDA $3.42499 Paid Chk# 075972 5/12/2003 TOMCHECK. LARRY E 101-42110-221 Equipment Partt A Accettoriet $54 90 4/2403 Vise for Armory ToUl TOMCHECK. LARRY $54 90 Paid Chb 075973 5/12«0(» TWIN CITY STRIPING E 101-43000-408 Contracted Street Main!$8.500 00 2974 Stnpe Streets. Parkir>g Lots ToUl TWIN CITY STRIPING $8.500 00 Paid Chk# 075974 5/12/2003 VERIZON WIRELESS E 601-49400-321 Telephone $20651003-4585141Utility Cell Phone E 602-49450-321 Telephone $20.65 1003-4585141Utility Cell Phone E 101-41900-321 Telephone $445261003-5922058Cen Phones ToUl VERIZON WIRELESS $486 56 Paid Chk# 075975 5/12/2003 VESSCO INC. E 601-49400-227 Utility System Maint Supplies Tout VESSCO INC. $30.09 28753 $30.09 Coupling. PVC Paid Chk# 075976 5/12/2003 VILLAGE CHEVROLET E 101 -42400-402 Repa^rs/Maint-Auto Equip $53 22 414061 Plate ToUl VILLAGE CHEVROLET $53 22 Paid Chk# 075977 5/12/2003 VOGT HEATING A AIR E 101-41900-404 Repairs/Maint-Bldgs/Grounds $1.720 00 8584 Air Conditioner • Break Rm ToUl VOGT HEATING A AIR $1.720 00 Paid Chk# 075978 5/12/2003 WESTSIDE EQUIPMENT E 101-41900-403 Repairs/Maint-Misc Equip $mq0 19946 Calibrate Pumps ToUl WESTSIDE EQUIPMENT $190 00’ Paid Chk# 075979 E 101 -43000-402 Repairs/Maint-Auto Equip Tout WESTStDE WHOLESALE TIRE $32 00 510444 Tire Repair $32 00 5/12/2003 WIDMERINCPaid Chk# 075980 E 601-49400-405 Repalrt/Mamt-Watermaini/plant ToUl WIDMERINC $676 50 6021 Curtostop • 1790 ShadywQOd $676.50 PaidChMr07598i I5/I2y2003 XCEL ENERGY E 613-49830-381 Gat & Electric E 101-45200-381 Gat A Electnc E 101-43000-386 Street Lighbng $149 00 $2Z76 $1.275 25 118059677712 Electrical Serviot 118059677712 Electrical Service 118059677712 Electrical Service r- CITY OF ORONO *Check Detail RegisteitS) t/Q3 2:32PM Pi0«10 MAY 2003 Check Amt Invoke E101-43000-301 Oat A Electric E002-494SO-381 Oas A Electric E 601-49400-381 Oat A Electric E 101-42110-381 Oes A Electric Total XCELENEROY $129.79 118059677712 ElectricelSefvke $1,344.11 118059677712 ElectricelSefvke $2,479.10 118059677712 ElectricelSefvke $9.42 118059677712 Electrical SefVki $5,409.43 10100 Primary Ceeh $65,862.07 Fund Summary 101 GENERAL FUND 402 MUNICIPAL STAID 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 10100 Primary Cash $48,287.42 $3,053.82 $151.33 $4,614.42 $1,734.27 $4,525.81 $3,495.00 $65,862.07 ’ -V, ■; 1 . » ife L tv- f M'ymKh ---- '■r-r.- CITY OF ORONO check leglster CtMck Numbw EmpleyM Nam* Pay Pwlod ChMlc AifiounI Chack Data Chack Statua 05277S PETERSON. BARBARA 5 $32312 9/12/03 Outstandhig 0S2779 MOORSE, RONALD J.5 $346.31 9/12A» Outstandbig 0S2780 SANSEVERE, ROBERT K.5 $269.36 5/12/03 Outstandbig 052781 MURPHY, JAMES L 5 $269.36 S/12A)3 Outstanding 052782 NYGARO.JAY 5 $269.36 9/12/03 Outstanding 052783 WHnE. JAMES M.6 $269.36 $1,746.97 S/12A)3 Outstanding ... 0Snan36:53AM Pagel i- • ♦if<V k . CITY OF ORONO *Check Detail Register® 04/30/03 9:30 AM Page 1 APRIL 2009 Check Amt 10100 Primary Cash Fund Summary 101 GENERAL FUND 10100 Primary Cash $52,489.65 $52,469.65 Paid Chki 079678 0101*21711 4/30/03 CITY COUNTY CREDIT UNION CradM Union SI0.685C0 Total CITY COUNTY CREDIT UNION SlO.m OO SAVINGS W/H A TRANSFERRED PaidChk# 075679 4/3(V03 nRST NATIONAL BANK OF LAKES G101-21701 Federal Withholdir>g $10,450.07 FEDERAL W/H G 101-21703 PICA Tax Withholding $4,566.64 FICAS MEDICARE W/H G 101-21703 FICATaxWilhholdirtg $4,566.64 FICA & MEDCR CITY SHARE Total FIRST NATIONAL BANK OF LAKES $19.563 35 Paid dhkO 075660 4^(V03 ICMA RETIREMENT TRUST. 467 G 101-21705 Other Retirement $300 00 DEFERRED COMP Total ICMA RETIREMENT TRUST-457 $300.00 Paid Chk* 075661 4/3(V03 LAW ENFORCMENT LABOR SERVICE G 101-21707 Union Dues $0.00 UNION DUES Total LAW ENFORCMENT LABOR SERVICE $0.00 Paid Chk# 075662 4/3(V03 MN DEPT OF REVENUE G101-21702 State Withholding $4,214.77 STATE TAX W/H Total MN DEPT OF REVENUE $4,214.77 Paid Chki 075683 4/30/03 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705 Other Retirement $2,789.68 MN STATE RETIREMENT Total ORCHARD TRUST CO. TRUSTEE/CUST $2,789.68 Paid Chki 075884 4/30/03 PEBSCOK)BRA G 101-21705 Other Retirement $95 22 OBRA DEFERRED COMP Total PEBSCO/OBRA $95.22 Paid Chk# 075665 4/30A)3 PEBSCOAiS CONF OF MAYORS G 101-21705 Other Retirement $2,289.00 USCM-ENTITY 2339 Totel PEBSCOAISCONFOFMAYORS $2,289.00 Paid Chk;' 075666 4/30/03 PUBUC EMPLOYEES RETIREMENT G 101-21704 PERA $6.91353 PERA CITY SHARE G 101-21704 PERA $5,369.48 PERA EMPLOYEE W/H Tout PUBUC EMPLOYEES RETIREMENT $12,283.01 Paid Chk# 075667 4/30/03 UNITED WAY G 101-21708 United Way $65.00 CHARITY DONATIONS ToUl UNITED WAY $65.00 Paid Chk# 075868 4/30/03 WISCONSIN SCTF G 101-21712 Othar Oeduciiona $164.62 JOHNSON i 0002756896 Total WISCONSIN SCTF $164 62 10100 Primary Cash $52,489.65 • I ...... * ____ ^ Chtck Numlwf Employe Nam« i 052719 052720 052721 052722 052723 052724 052725 052726 052727 052728 052729 052730 052731 052732 052733 052734 052735 052736 052737 052738 052739 052740 052741 052742 052743 052744 052745 052746 052747 052748 052749 052750 052751 052752 052753 052754 052755 052756 052757 052758 052759 052760 052761 052762 052763 052764 052765 052766 052767 052768 052769 052770 052771 052772 052773 052774 052775 052776 DODGE. RACHEL M. LESKINEN. DENISE M MOORSE. RONALD J. SILUS. BARBARA G. VEE. LINDAS. KUEHN. THOMAS M OLSON. RONALD J. PETirr. SANDRA K. ANDERSON. BRUCE L ARNESON. JOSHUA A. BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M. CARLSON. MICHAEL B. CORNiCK. JAMES L. DEMBOUSKI.JAYC. 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. MOROWCrrNSKI. JAMES PERSEa. WILLIAM R PRESTON. TAMARA L. SCHOENHOFF. JOHN B TOMCHECK. LAWRENCE F. TOMCZYK. MARKW. WITTKE. ANTHONY A. HERMAN. JOHN R. LEE. JOSEPH P. BCLTERMAN. MATTHEW A. BOTTENBERG. WENDY C. CHAPUT. JENNIFER L GAFFRON. MICHAEL P. GAPPA. GREGORY A. MEYER. WILLIAM C. OMAN. LYLE E. VANG. BRUCE L BRINKHAUS. JOHN F. DEBAERE. DONALD L GREGORV. JAMES D. HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L. PALMER. GREGORY A. RATHBUN. BARRY J. SKREEN. DALE S. ABRAHAMSON. FRED W, JENSEN. RODNEY W. MCINTYRE. WILLIAM E. OAS. DANIEL O PEICKERT. GARY J ROSS. JOHN A. STEFFENHAGEN. RONALD Pay Pariod 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 CITY OF ORONO clMck register Chack Amount S996.10 $992.34 $143.01 $52824 $1,196.98 $1,105.66 $310.67 $415.42 $1.309 39 $821.42 $986.95 $1,400.52 $71622 $529.05 $2,006.00 $1,532.88 $1,724.98 $2,064.04 $1,436.70 $119.49 $1,886.39 $1,418.36 $1,434.18 $615.99 $687.36 $1,841.56 $876.52 $55.41 $1,522.45 $481.93 $1,656.62 $1.35/.38 $757.87 $281.68 $1.176 59 $1,451.72 $1,196.81 $1,402.87 $1,906.22 $699 05 $149.28 $1,393.16 $1,300.89 $91843 $967.56 $1.208 09 $873.15 $1.308 80 $643.21 $1.004 66 $1,048.76 $71.84 $29;/.07 $340.54 $18 60 $17962 $147.45 $1,496.58 Chack Data Chaek Statiia 4^0/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30A)3 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding AnOfOZ OutsUnding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstandkig 4/30A)3 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30A)3 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstandkig 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstanding 4/30/03 Outstandkig 4/30/03 Outsundkig 4/30/03 Oulstandktg 4/30/03 OiMandktg 05A)1/03 7:46/KM Page 1 CITY OF ORONO check register 0»01/037;46AM P«0«2 Ch*eh Mumbcr EmployM Nmiw CtMCh Amount Chock Data Chock Status $56,411.71 •• • • . _____— r.t MAT I 2 200J ciiruf ohobkj . > •information ITEMS COUNCIL MEETING MAY 1 2 2005 CITY OF ORONO OF »% i MkJk* 'Tij The Biimeyer Gioup, Inc. UtCVTtVI M*ac« TM COmuLTIM Fifty South Ninth Avenue Suite 101 Hopkins, MN 55343 (952) 945-0246 Achieving Your Greatest Potential? Route: ___Colleagues File in notel Mayor and City Council City of Orono P O. Box 66 Crysul Bay. MN 55323 ••.. MAY 1 2 2003 Cl IY ur UMUf^u The Brimeyer Group Assignments Recent/Cumnt: • East Central Sdid Waste Conunissioa MN— Executive Director • Qty of Newton, lA— City Administrator • City of Faribault, MN— Comm. Development Dir. • Citj' of Notthfield, MN— Comm. Development Dir. • City of Luveme, MN— City Administrator • Swift and Yellow Medicine Counties, MN— County Engineer Representative Searches: • City of Austin, MN— City Administrator • City of S. St PaulMN — City Administrator • Steele County, MN— Assistant Financial Directoi; Detention Center • City of Mound, MN— Chief of Police • Rice County, MN— County Administrator • City of Moorhead, MN— City Manager • City of Albert Lea, MN— Housmg Authority Director • Rice Creek Watefshed Disbict- District Administrator • West Metro Fire District- Fire Chief • City of Fergus Falls, MN— Project 2000 Director EMPLOYEE EVALUATION ... continued performance as opposed to behavioral characteristics. Most importantly, how to conduct an employee evaluation and turn it into a positive experience that results in developing a work program for improved work performance and how to relate it to an appropriate compensation level. TEAM BUILDING Productive or Protective? A process that involves employees, super ­ visors and managers in ways to foster a sense of trust, cooperation, and loyalty to each other and to the organization's goals ind objectives. It is designed to examine individual behavior and motivation to action. Participants will develop insights into their own behavior and the reasons for their reaction to fellow employees. STPJVTEGIC PIANNING/GOAL SETTING Proactive or Reactive? Assists Boards responsible for policy development in assessing their constituents' needs, examining organizational strengths am! weaknesses, establishing priorities and developing strategies and action plans to meet the expectations of their stakeholders. More importantly, it allows the organization to develop a vision and to verbalize a Mission Statement, which encourages a more logical and rational approach to decision making Print and Podium The article Elected? ... Now What?" by Jim Brimeyer, which ran in the January issue of The Brim Rqfort, was re-printed in the February 2(X)3 edition of the Wyoming Association of Municipalities magazine mM NEWS. Jim has accepted an invitation to speak at the Annual Summer Conference of the Economic Development Association of Mirmesota in June. His topic will be: How to Develop Effective Boards that Meet Expectations. He also addressed the Mirmesota Municipal Utilities Winter Conference in February, speaking on his experience using the Board Governance Model. Get to Know Us We invite you to visit our web site at: wunv.brim^roup.com to review our current assignments or access copies of other recent Brim Reports. If you know of someone else who would like to receive copies of The Brim Report newsletter, please e-mail their name and address to us and we will add them to our mailing list. Contact us at: brimgroup(S)aol. com The Brimeyer Group, Ltc ■UCVTIVI •IMCa TM CMfULTIMO Fifty South Ninth Avenue Suite 101 Hopkins, MN 55343 voice: (952) 945-0246 fax: (952) 945-0102 e-mail:biimgroup@aol.com web: www.brimgroup.com U O o> QJ H spring Issue April 2003 VM. 11, Issue 2 Is Your Oiganization Achieving Its Greatest Potential? by James Brimeyer For eleven years. The Brimeyer Group has been assisting local governments, semi-public, and non-profit organizations in the recruitment and selection of quality management staff. We have built our reputation on providing comprehensive search services because we believe an organization's most important resources are the Board and the staff. These are times of scarce economic resources. America is at war, investment portfolios have declined, non-profits are struggling, endowments are suffering, the airlines are laying off — and government bodies are being asked to do more. In these times of reduced revenues and shrinking budgets, it makes a lot of sense for an organization to explore options to become more effective. This may be the time to assess your Board's strengths and weaknesses. Think about how your organization works and how you approach the way you do business. Ask how you can create an environment that assures the Board and staff arc working well together. if your Board or staff could benefit from adopting a new point of view, or if prob­ lems seem to arise from operating with different points of view, give us a call. Objective guidance from an outside source can bring big benefits. When the Board and staff are really working together, the efficiency and effectiveness of the organi­ zation will increase. If you serve on a Board or Council, you may ask yourself, "What win our successors L say about the decisions we make today?" You know your organization has reached its greatest potential, when your succes­ sors say, "We appreciate they had the courage to do the right thing." Consulting Services GOVERNANCE Focused or Fractured Decisions? This model provides a process, even a discipline, for decision making to help a Board define the issues and focus on desired results and outcomes. It assists the CEO and staff by utilizing a method to define the issues, consider the options, and develop recommendations that meet expectations. The model focuses on the outside world and moving toward desired ends or outcomes. Discussions include how a Board needs to generate a powerful Mission Statement that includes: • Results terminology • Succinct language • Recognition and acceptance both in the community and v/ithin the oigaiuzation ORGANIZATIONAL ASSESSMENT Re-engineer or Re-trench? An evaluation designed to detetmine what changes could be made to assist an organization to efficiently provide services to the customer. The evaluation includes an assessment of the current systems, a determination of strengths and weak­ nesses, and the identification of alterna­ tives to organizational structure and resource sharing. EMPLOYEE EVALUATION Motivate or Threaten? Training in how to conduct an employee evaluation and how to evaluate job related continued . . . .. -I-