The URL can be used to link to this page

Home My WebLink About05-27-2003 Council PacketMAY 2 7 2m AGENDA FOR COUNCIL MEE'l ING SET FOR TUESDAY, MAY 27,^3V9:W?F.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend OATH OF OFFICE APPROVAL OF MINUTES * 2. Special Meeting of May 6,2003 * 3. Reconvened Board of Appeal and Equalization Meeting of May 13,2002 * 4. Regular Council Meeting of May 12,2003 PARK COMMISSION COMMENTS - Debora Halvorson, Representative PLANNING COMMISSION COMMENTS - Liz Hawn, Representative PUBLIC COMMENTS - (Limit S Minutes Per Person) RECOGNITION 5. Orono "Spirit of Community" Award - Recognition of Scholarship Recipients 7. ZONING ADMINISTRATOR'S REPORT 6. #2636 Gary and Susan Cable, 3S32 Ivy Place - Authorize Lis Pendens #03-2883 Dennis Meyer, 46SS-468S Tonkaview Lane - Subdivision/Lot Line Rearrangement - Resolution #03-2891 Eric and Karen Paulson, 2605 Maple Ridge Lane - Variance - Resolution #03-2892 Daniel Bartus, 1001 Wildhurst Trail - Variances - Resolution 10. #03-2898 Julie and Mike Whittington, 1981 Eagerness Point Road - Variances - Resolution 11 . #03-2903 City of Orono - Zoning Code Amendment - Personal Wireless Service Towers & Antennas - Ordinance 8. 9. MAYOR/COUNCIL REPORTKE.rvrKi ■ r. A>..l C t.< . PUBLIC SERVICE DIRECTOR'S REPORT 12. Golf Course Credit and Debit Card Policy 1 3. Seasonal Employees for Golf Course 14. Mn/DOT, Trunk Highway 1 2/Old Crystal Bay Road Agreement - Resolution 15. Mn/DOT Trunk Highway 12 Traffic Signals Agreement - Resolution 16. Navarre County Road IS Crosswalk and Bus Shelter Project 17. Request for Payment No. 1 - Navarre Fire Station Site Improvements AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, MAY 27,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY P.VRKWAY, ORONO, MINNESOTA 18. Navarre Fire Station Site Improvements - Change Order No. I 19. Request for Payment - North Arm Paving Assessment Project !l CITY ADMINISTRATOR'S REPORT 20. Request for Payment - Long Lake Fire Station 21. Request for Payment - Navarre Fire Station 22. Accept Resignation - City Planner Jennifer Chaput 23. Amend Orono Municipal Code Section 5.30, Solicitors and Transient Merchants - Ordinance 24. LOGIS Police Records Assessment 25. Consider Execution of a Ground Lease and a Lease/Purchase Agreement Relating to the Issuance by the Orono HRA of Its Public Facility Revenue Bonds — Resolution 26. Consider the Award of the Sale of $885,000 General Obligation Sewer Improvement Refunding Bonds - Resolution i CITY ATTORNEY ’S REPORT 27.LICENSES Garbage Hauler One Day Gambling Permit - Resolution Reconsider Special Event Permit * 28. BILLS UPCOMING ISSUES AND EVENTS im 05/24 - Leaf and Grass Disposal, Saturday, 8:00 a.m - Noon 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 06/02 - Park Commission Meeting, 7:15 p.m. 06/04 - Planning Commission Work Session, 5:30 p.m. 06/07 - Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon 06/09 - Council Meeting, 7:00 p.m. 06/16 - Planning Commission Meeting, 6:30 p m. 06/23 - Council Meeting, 7:00 p.m. iI1 \ Public A ttendance Meeting D ate Council □ Planning Commission □ Park Commission □ Other Please hlloutthe information requested BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. d 1:1 AUy-4 ^1 1. I" T\y-\ 3.. 4.. 5. 6., 7.. 8. 9. 10. 11.. 12.. 13. 14. 15. H;VAdaMn4e tra H»e InppartMFtmapPnBBc Aliendan ca .wpd 1*4^1 SPECIAL MEETING OF THE ORONO CITY COUNCIL TUESDAY, MAY 6,2003 ROLL The Council met in a special meeting on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim Murphy, Bob Sansevere and Jim White. Representing staff were City Administrator Ron Moorse and Public Services Director Greg Council Member Jay Nygard was absent. Mayor Peterson called the meeting to order at 5:30 p.m. 1. Award of Bid - Navarre Fire Station Site Work Murphy commented that the site plan needs to be amended to remove the ADA parking space from the north side of the vehicle bay apron, and to get credit from the MCWD for the reduced hardcover. Murphy moved, and White seconded, to award the bid for the Navarre Fire Station site work to F.F. Jedlicki, Inc., In the amount of $304,719.50, per the Boncstroo letter dated May 0,2003. Vote: Ayes 4, Nays 0. 2. Declaration Regarding Covenants on the Navarre Fire Station Property to Meet MCWD Permit Conditions White moved, and Sansevere seconded, to adopt the Declaration attached to the Request for Council Action dated May 5,2003 placing covenants on the Navarre Fire Station property to preserve the wetland buffer areas and grassed swales, to sweep all bituminous surfaces at least once per year, and to maintain the stormwater management facilities on the site. Vote: Ayes 4, Nays 0. ADJOURNMENT Sansevere moved, White seconded, to adjourn the Orono City Council Special Meeting of May 0,2003 at 5:43 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor (D 1 i ORONO RECONVENED BOARD OF APPEAL AND EQUALIZATION MEETING MONDAY, MAY 12,2003 Co*..— _______ MAY c. 7 ROLL Cll Y Wf* Wl The Orono Reconvened Board of Appeal and Eqivlization met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard and Jim White. Representing staff were City Administrator Ron Moorse and Recorder Alissa Wintemheimer. Council Members Bob Sansevere and Jim Murphy were absent. Hennepin County Appraisers Kim Jensen and Kevin Wyiui were present. Mayor Peterson called the meeting to order at 6:08 p.m. APPROVAL OF MINUTES 2. Minutes of the Orono Board of Appeal and Equalization of April 28,2003 Nygard moved, and White seconded, to approve the Minutes of the Orono Board of Appeal and Equalization of April 28,2003. Vote: Ayes 2, Nays 0, Abstain 1 (Mayor Peterson). 3. Council Action on Assessor*8 Recommendations White stated it was a good year in terms of appeals. Mayor Peterson stated the assessors had done a good job. Jensen stated that those who wanted to appeal beyond the local Board of Review could do so without being in attendance. White stated he liked the assessor’s maps, and they were more helpful than the previous style. Moorse asked Jensen if she had expected anyone to attend the meeting. Jensen stated that Marcia Hickey was not satisfied with the change in her assessment, but had not indicated she would attend the meeting. Mayor Peterson moved, and Nygard seconded, to accept the assessor’s recommendations. Vote: Ayes 3, Nays 0. I ORONO RECONVENED BOARD OF APPEAL AND EQUALIZATION MEETING MONDAY, MAY 12,2003 4. Adjonroment White moved, and Nygard seconded to adjourn at 6:IS p.m. Vote: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor -i ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 .mn ms ROLL Cll Y Uf The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard and Jim White. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaflion, City Planner Jennifer Chaput, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Council members Bob Sansevere and Jim Murphy were absent. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve/Amend Items 6,9,10,11,12,13,14,16,17, and 18 were added to the Consent Agenda. Item S was removed from the Consent Agenda. White moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 3, Nays 0. OATH OF OFFICE Ron Moorse administered the police officer Oath of Office to Kyle Russeth. Chief Good presented him with his badge. Mayor Peterson welcomed him to the City. Ron Moorse administered the police officer Oath of Office to Paul Theisen. Chief Good presented him with his badge. Mayor Peterson welcomed him to the City. APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of April 28,2003 White moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of April 28,2003. Vote: Ayes 3, Nays 0. e ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 PARK COMMISSION COMMENTS —PAULINE BOUCHARD, REPRESENTATIVE Bouchard reported that the Parks Commission wanted ^roval to spend up to $5,000 to plant flowers in front of the signs at the Bederwood, Navarre, Hackberry, and Seven Nations paries. They are proposing one rail with about 8" of dirt, and planting some perennials. The Parks Commission would like to have a work session with the Council as soon as possible to discussion city beautification, trails, hockey rink, and other issues. Mayor Peterson stated that the Council was having difliculty scheduling a work session when all members would be available, but that they would as soon as possible. White asked if there would be a park tour this summer. Gappa stated there would not be a summer tour this year. PLANNING COMMISSION COMMENTS—DAVID RAHN, REPRESENTATIVE None. PUBLIC COMMENTS Mr. Miller stated that he had concern about the ability of the project manager hired for the Long Lake Fire Station. The building elevations were not properly done; the ground either sloped toward the building foundation or was flat. He stated rainwater would seep into the foundation and damage the building. He stated it was just a matter of time before the fire station had water inside. He hoped someone would be held accountable. Mr. Miller also stated that the wetland elevations were not designed properly with poor outlets and inlets. He stated that the City website docs not give proper instructions for takin g care of buckthorn. He felt that lighting was not designed with sensitivity toward the neighbors because the fixtures are too bright. iMWii ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 ZONING ADMINISTRATOR'S REPORT *3. #2506 Edward Hamm, 46S>485 Orono Orchard Road—Reconfirm Approvals—Resolutions No. 4972 and 4973 White moved, and Nygard seconded, to adopt Resolution No. 4972, confirming the City Council of the City of Orono previously adopted a Resolution Granting a Conditional Use Permit for Property at 465^85 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. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4973, confirming 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 Rimlntion. Vote: Ayes 3, Nays 0. 4. #02-2840 Dahlstrom Development LLC, 2550 Wayzata Boulevard West— Review and Approve Development Agreement —Ordinance No. 225, 2 “" Series Gaffron stated that on April 28*^, Council adopted Resolution No. 49SS Approving the Plat of Stonebay. A consensus had been reached on the majority of issues, but Council was to discuss 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. Gaffron stated that Council could: 1. not address the issue until a future date and omit any language from the PUD-4 Agreement that would prohibit or approve the access; 2. add language that allows such access subject to final site plan review in the future; 3. retain current draft language that prohibits such access. Gaffron stated that, while right-in/right-out access was possible according to the City Engineer, it was long ago established that no direct access was intended to that part of Highway 12, and that direct access to Willow Drive from the SE outlot was also not intended due to the issue of stacking distance and impact to traffic flow on Willow. The applicant, Steve Johnston stated that thty would like to put in the right-in/right-out access opposite the entrance to Otten Bros. They will have three lanes of traffic on Willow, and the right-in/right-out would be off the right-hand turn lane. In peak hours, they would have 19 trips per hour, and expect a 50% increase over the next 20 years. They have stacking distance from the light at Highway 12, to the commercial outlot, that I ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 4. U02-2840 Dahtstrom Development LLC, 2550 IVayznta Boulevard West— Review and Approve Devdopment Agreement —Ordinance No. 225, 2^ Series—Continued is 240 ’ long. They could stack about 20 minutes worth of traffic, and stacking is not an issue. They would either like approval, or to remove the language from the developer’s agreement so that the issue could be discussed when the plans come for approval in the future. He stated that he had an issue with the sewer/water/drainage fee credits language in item 2 of the developer’s agreement. It listed specific amounts and he felt there could be minor changes in the amounts. He suggested the item state that “the engineer will verify the amoimts.’’ Nygatd stated he ^proved of the right-in/right-out plan. White agreed, but felt it should be left for discussion to see how it fits into the overall plan. White movc<i< and Nygard seconded, to approve the language of the Planned Unit Development No. 4 Agreement between the City of Orono and Dahistrom Development LLC, subject to incorporating appropriate language reflecting the Council’s direction regarding the Willow Drive access to Outlot A, and the sewer/water/drainage credits; and to authorize the Mayor to execute the final PUD No. 4 Agreement upon its completion. Vote: Ayes 3, Nays 0. Mayor Peterson moved, and Nygard seconded, to adopt Ordinance No. 225,2^ 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*1B Rural Residential Zoning District and Adding Section 10.53, Subdivbion 11 Regarding Planned Unit Development No. File M)2-2789/02-2840. Vote: Ayes 3, Nays 0. $. #03-2880 Fred Johnson, 1926 Fagemess Point Road—^Variance—Resolutton No. 4974 Mayor Peterson stated Item 5 was removed from the Consent Agenda so that a Council Member could vote against it. White moved, and Mayor Peterson seconded, to adopt Resolution No. 4974 granting 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 I ORONO aXY COUNCIL MEETING MONDAY, MAY 12,2003 5. UO3‘2880 Fred Johnson, 1926 Fagerness Point Road—Variance—Resoiution No, 4974—Continued 75’ of the Lake Minnetonka OHWL where no structure b 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 previously been approved. Vote: Ayes 2, Nays 1 (Nygard). *6. #03-2881 Curtis & Kathleen Midthun, 2941 Casco Point Road—Variance Resolution No. 4975 Vhitc moved, and Nygard seconded, to adopt Resolution No. 4975 granting a variance to Municipal Zoning Code Section 10.22, Subdivbion 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 1(B) and 10.56, Subdivision 16(C)(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed. Vote: Ayes 3, Nays 0. *7. #03-2882 Orono Baseball Association, 1030 Old Crystal Bay Road North—- Conditional Use Permit Renewal—Resolution No. 4976 White moved, and Nygard seconded, to adopt Resolution No. 4976 approving renewal of a Conditional Use Permit per Section 10.20, Subdivision 3 to permit partial use of Lot 3, Block 1 for outside storage u!.e. Vote: Ayes 3, Nays 0. 8. #03-2886 Dr. Dennis & Diane Killian, 1300 Spruce Place—^Variances Chaput stated that the applicant was requesting variances to permit new construction on the property farther back on the property requiring variances for lot area, hardcover within the 0-75 ’ and 75-250’ lakeshore setback zones, grading and filling within 75’ of the ordinary high water and placing fill in the bluff impact zone. The Planning Commission recommended approval with a number of conditions: 1. Grading plans must illustrate proposed contours between house and street, 2. Plans should show the proposed driveway location and grades that do not exceed 10%, 3. Site grading between this parcel and 1280/1290 Spruce Place lots should be coordinated. ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 8. 803-2886 Dr. Dennis Diane Kiliian, 1300 Spruce Place—Variances—Continued 4. Erosion control should be installed, inspected and approved prior to any work on the site, and 5. No additional hardcover for landing, patios, etc. will be permitted beyond what is proposed in the plan. Chaput stated that staff recommended approving the 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. Staff could not recommend the requested hardcover in the 7S-2S0* setback zone exceeding 25%, since it is the City’s policy that new construction meet this standard. JoEllen Hurr stated that she felt the Planning Commission was in favor of the variance. The Planning Commission stated that the hardship was the shape of the lot, because it is triangular with a small area in the 75-250’ setback zone. The neighbors had attended the Planning Commission meeting in favor of the application, and though not present, JoAnn stated they wanted Council to know they supported the Killians. The Killian’s architect presented slides to Council and argued that the properties along Lake Minnetonka tend to be rectangular with 50’ of lakeshore, where the Killian’s lot is triangular. He was trying to work sensitively with the land. The current house is mostly within the 0-75’ setback zone and within the bluff impact zone. The lot has a bluff on the lakeside of the lot, causing water to run down without much filtering, increasing erosion on the hillside and drainage into the lake. They i>roposed to move the house back, entirely within the 75 - 250’ setback zone, increasing the distance between the house and the lake. They will also be decreasing the driveway to reduce hardcover. He stated that if the lot were the same size, but a rectangular shape, they would not have need for a variance, but the narrowing at the street side of the lot creates the hardcover issue. The architect stated that according to code, a hardship must be unique to the land, and strict enforcement must be unfair to the owner, and a variance must be in line w'ith the Comprehensive Plan. He stated that the lot is similar to others in the neighboriiood in terms of land size, but not shape, making it unique. Granting the hardcover variance would not alter the character of the property. Cost was not a factor in the applicants seeking the variance, as new construction would cost more than a remodel. The hardship, lot shape, applies specifically to the Killian's lot, and is not a general characteristic of the area. Granting the variance would not be contrary to the Comprehensive Plan since they would be reducing hardcovei in the 0-75’ zone. The variance would alleviate the hardship. He stated that the Planning Commission agreed with the hardship, though staff did not. i ( ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 S. M3-2886 Dr. Dennis A Diane KUlian, 1300 Spruce Place—Variances—Continued Mayor Peterson asked Barrett about the hardship. He replied that many lots with wetlands could claim hardship based on the precedent of the shape of their available buildable land based on the precedent of this application. There is also adequate space on the lot to build a house without the variance. He therefore was against it. Gaffron stated he agreed with Barrett. The goal was to protect the bluff over the lake and meet the setback issue. The City has been consistently denying hardcover variances for new construction for several years. Lot shape was not compelling as the only hardship. The architect stated that the Killians could remodel the current house, keeping a significant amount of hardcover in the 0-7S* zone, and the current plan would be more conscientious. JoEllen Hurt stated that Shane and Missy Grade were approved for 65.6% hardcover in the 75-250' zone for a remodel on April 14,2003 at 1270 Spruce Place. Gaffron replied that the Planning Commission straggles with the issue of fairness, but rebuilds are held to a higher standard than remodels. The architect stated that the proposed house would be tucked back into the trees, further increasing percolation of water runoff—a vast improvement. White stated that he agreed the plan was an improvement, but that he couldn't grant the variance because of the precedent it would set. The builder stated the lot shape was a unique hardship. White responded it was not enough of a hardship, like the wetland areas where builaable land is reduced. Gary Peterson of Coldwell Banker in Wayzata stated that he was familiar with an application that was granted a hardcover variance for 30% in the 75-250 ’ zone for a l-'/j acre site with 140’ of lakeshore in 1999 or 2000. Gaffron stated that he did not remember the application. White stated he also did not remember any such cases. Gaffron stated the City had adopted a stricter approach three or four years ago, with the Bachman application. Nygard stated he liked the application and had no problem with it. The builder stated he had worked to reduce hardcover already by stacking the garage, shortening the driveway, and reducing the square footage of the house. He stated he had already worked with staff several times to find the best design. JoEllen Hurr stated the applicant would like to table the application. ■iitflti ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 8, #03-2886 Dr, Dennis & Diane Kitiian, 1300 Spruce Place —Variances —Continued Mayor Peterson moved, and White seconded, to table Item #03-2886,1300 Spruce Place. Vote: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT None. PUBLIC SERVICE DIRECTOR’S REPORT *9. Bridge Replacements Mn/DOT Variances—Resolutions No. 4977,4978, and 4979 White moved, and Nygard seconded, to adopt Resolution No. 4977 prioritizing replacement of bridge structures. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4978 requesting a variance from Minnesota Rules for Stated Aid Operations Chapter 8820—West Ferndale Road Bridge. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4979 requesting a variance from Minnesota Rules for State Aid Operations Chapter 8820'-Fox Street Bridge. Vote: Ayes 3, Nays 0. CITY ADMINISTRATOR’S REPORT *10. Pay Request—Navarre Fire Station White moved, and Nygard seconded, to approve the request for payment in the amount of $3,670.00 to Constructive ideas, to he funded from the Navarre Fire Station Construction Fund. Vote: Ayes 3, Nays 0. 8 J ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 *11. Appointment of Kyle Russeth to Full-Time Police Officer Position >Vhite moved, and Nygard seconded, 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. Vote: Ayes 3, Nays 0. *12. Appointment of Paul Theisen to Part-Time Police Officer Position White moved, and Nygard seconded, to hire Paul Anthony Theisen for the position of part-time police officer for the City of Orono at the Step 2 pay rate of $15.26 per hour beginning May 13,2003. Vote: Ayes 3, Nays 0. *13. Accept Donation from State Bank of Long Lake and North Tonka Crime Coalition White moved, and Nygard seconded, to accept the $2,000 State Bank of Long Lake Donation to the Police Department for the purchase of EMDs; and to accept the $2,000 North Tonka Crime Prevention Coalition Donation to the Police Department for the purchase of EMDs. Vote: Ayes 3, Nays 0. *14. Personnel Matter White moved, and Nygard seconded, to approve the staff recommendation regarding the personnel matter. Vote: Ayes 3, Nays 0. IS. Accept Resignation—City Planner Wendy Bottenberg Barrett asked for an Executive Session to discuss Item 15. *16. Budget Amendments for Year 2002 White moved, and Nygard seconded to approve the 2002 budget amendments for the General and Special Revenue Funds as presented, effective December 31,2002; to approve the carryover of the $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; to approve 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. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to authorize staff to work with Ehlers and 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 it*s me^ng of May 27,2003. Vote: Ayes 3, Nays 0. aXY ATTORNEY’S REPORT None. *18. LICENSES Limited Leghold Trap Permit 1.Morris & Dorothy Levy 2425 North Shore Drive One-Day Gambling Permit—Resolution No. 4980 1.Minnesota State HorticuUiual Society Great Minnesota Piant Swap Otten Brothers Nursery and Landscaping June 7,2003, 7:00 a.m. - 3:30 p.m. White moved, and Nygard seconded, to approve the above listed licenses, and to adopt Resolution No. 4980 approving the Minnesota State Horticultural Society for a One-Day Minnesota Lawful Gambling Exempt Permit. Vote: Ayes 3, Nays 0. *19. BILLS Wh .^e moved, and Nygard seconded, to approve payment of the All Funds Account Vote: Ayes 3, Nays 0. i ORONO CITY COUNCIL MEETING MONDAY, MAY 12,2003 ADJOURNMENT Council went into Executive Seuion at 8:08 p.m. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor REQUEST FOR COUNCIL ACTION may 2 7 20M Q|TY Kjr Kjr%\^m\j DATE: May 23,2003 ITEM NO: ^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed: Ml Agenda Section: City Administrator's Report Item Description: Recognition of Orono Spirit of Community Award Recipients The Orono City Council has created the Orono Spirit of Community Award and Scholarship, which is awarded to two Orono residents who are graduating seniors. One award is given to a Mound High School student, and one is given to an Orono High School student. This year’s award recipients are Dane McFarlane and Kiysta Carlson-Parupsky. The award recipients will be recognized at the Council meeting. COUNCIL ACTION REQUESTED: No action required. ^ I T ■1 \r*f L REQUEST FOR COUNCIL ACTION MAY 2 7 201JJ city Ui- Date: May 23.2003 Item No. Department Approval:Administrator Approval: Name: Michael P. Gaffron j Title: Phuming Director ^ Agenda Section: Zoning Item Description: #2636 Gary & Susan Cable, 3532 Ivy Place • Authorize Lis Pendens List of Exhibits A - Memo to City Attorney 3-31-03 B - City Attorney Letter to Applicants 4-4-03 C - Letter to Applicants 5-23-03 D - Resolution No. 4671 E - Current Hardcover Review Backgronnd Please review the attached memo to the City Attorney, Briefly, the Cables have failed to remove the ‘ice house ’ structure per the conditions of Resolution No. 4671 (adopted July 23, 2001) which denied a hardcover variance for the property. Further, they have since that resolution paved the driveway much wider than was approved with their Nov. 2000 building permit, creating hardcover far in excess of the 25% limit in the 75-250’ zone. The Cables have been occupying the residence under a Temporary Certificate of Occupancy since April 4, 2001. Resolution ^71 required removal of the ‘ice house ’ by August 17, 2001, and required its removal prior to issuance of a final Certificate of Occupancy. No final C.O. has been issued. An inspection on May 22, 2003 by Bruce Vang and myself found that the site also contains sidewalks and retaining walls not authorized with the original building permits. Total hardcover as it exists today is approximately 800 s.f over the 25% limit. The property was put up for sale this week. I have briefly discussed the issue today by phone with Gary Cable and advised him of Tuesday’s meeting. I am meeting with Gary this afternoon (Friday). I have also briefly discussed the issues with the realtor. Bob Ritter, advising him of the need for disclosure of the outstanding violations. COUNCIL ACTION REQUESTED Motion to authorize the City to commence legal action to gain compliance, starting with filing of a lis pendens to notify all parties of pending legal action on the property. IL A 5-z%-o2 To; From: Date: Subject: Tom Barrett, City Attorney Mike Gaffron, Planning Director March 31,2003 Gary & Susan Cable residence, 3532 Ivy Place - Failure to remove hardcover/structure violations The Cables acquired this property on August 31, 2000. They immediately applied for and were issued a permit for demolition of principal and accessory structures on Septem^r 7,2000. On September 14,2000 the Cables* contractor. Curt Christensen applied for a permit to construct a new residence on the site. The plan was found by the City to propose hardcover far in excess of that allowed by City code. The plans were subsequently revised by the applicants a number of times until they had reduced hardcover to a conforming 25% (75-250* zone) level, by reducing the size of the house and the driveway as well as walkways, etc. During this ‘paring* process they concluded they would request variances to allow them to keep the ‘icehouse ’ accessory building in the 0-75* zone, which had become nonconforming due to removal of the principal structure (acc. struc. not allowed without principal structure) and would normally be required to be removed upon redevelopment of the site. The Cables were issued a building permit on November 16,2000 subject to their written agreement to abide by the results of the variance application in terms of the icehouse removal. Building OHicial Lyle Oman has also indicated that in order to meet the 25% hardcover limit the proposed pavement to serve the third garage stall would have to be omitted. This last requirement was noted by Lyle Oman on the site plan approved with the building permit on 11/13/00, and was documented during the variance :q)plication review. Oman has indicated to me that in order to obtain the building permit, the Cables* contractor agreed to this condition on their behalf, indicating “that stall is just for storage anjbow*’. Construction of the new home proceeded through the winter and a Temporary Certificate of Occupancy (TCO) was issued April 4,2001 subject to: 1. Provide final grade. 2. The shed (icehouse) must be removed or get approval within 90 days from the City. 3. Silt fence must remain in place until landscaping is installed. The TCO did not reference removal of pavement in front of the third garage stall, since driveway construction had not yet occurred, and the variance approval outcome was pending. During home construction the variance application proceeded through the normal but protracted process due to tablings, etc. and the concerns of Councilmember White as to whether there was a basis to allow the icehouse to remain as a historical building. No such information was forthcoming, and ultimately the Council denied the variances and adopted Resolution No. 4671 on July 23,2001. That denial resolution was filed at the County Recorder ’s Office on September 24, 2(X)1 as Document No. 7546839. 3532 Ivy March 31.2003 Page 2 The Resolution required that the icehouse be removed from the property before issuance of a Certificate of Occupancy and no later than August 17,2001. Sometime during 2001-2002, the driveway was paved and incorporated pavement to serve the third garage stall, and the driveway was noted informally by staff to iq)pear to exceed the allowed area. However, in deference to Councilmember White’s ongoing concerns about finding some way to allow the icehouse building to remain, staff did not pursue resolving the pavement & icehouse issues during most of 2002. In December 2002 staff concluded that the matter needed to come to a head before it was lost in the shuffle. Lyle Oman sent a letter to the Cables on or about February 12,2003 setting a deadline date of March 10,2003 for removal of the icehouse and the excess pavement. That deadline has come and gone with no action nor contact from the Cables. The City has not issued a permanent Certificate of Occupancy for this property. We have recently heard through a neighboring property owner that the Cable property may be going up for sale. This has added a sense of urgency to the matter since you have in the past advised us that a subsequent owner may not be bound by prior agreements that are not in the form of a contract. We need to proceed on this as soon as possible. Please advise as to our next steps - letter fix>m us? - letter from you? Lis Pendens? Copies of the variance denial resolution, the TCO, and the recent letter requesting removals, are attached. (As an aside, after some research, staff has concluded that the ‘icehouse’, if it was used for storing ice, was clearly not designed for commercial use but would have been perluq>s just for family use, as it does not have the insulated double-wall construction that would have been typical of a commercial ice house.) ^ - T f * w* • ' HINSHAW & CULBERTSON B f . ATTORNEYS AT LAW KLLIVUJLLUNOIS CNAMrAIQN.BXIM>IS aaCAOQ, ILLINOIS CRYSTAL LARI. OXINOIS lOUET.IXINOIS LISL1.&LINOIS PtORIA.RiJNOa ROCKrORO.RXlNOIS ifRJNGnaO.IUIN01S WAUKI0AN.nXIK01S fHOfMX ARIZONA Campbell Milhim Tower 222 South Ninth Street Suite 3100 MinneapolivhfN 55402 612-333-3434 Facsimile 6I2-334-8SU \\*w^\hinshawcuIbeftson.com LOSAMXLflCAUFOaKU **^./*. SANfRANCISCO.CALiroaNU rr LAUDOU>ALZ. FLORIDA IACKS0NV1LLI. FLORIDA MIAMI FLORIDA TAMFA.aORIDA SCHDISRVILLZ. INDCAKA MINNSAFOLIl MM^.‘UOTA ST LOUIRMISSOUy NEW YORK. NEW YORK AfPLETON. WISCONSIN MILWAUKEE. WUCQHUH April 4,2003 Gaiy and Susan Cable 3S32 Ivy Place Wayzata, Minnesota 55391 Dear Mr. and Mrs. Cable: Place. I am the City Attorney of Orono and I write with respect to your property at 3532 Ivy A building permit was issued for the property based upon an agreement between you and the City to abide by the decision of the City Council with respect to a variance application to allow the shed to remain. The City denied the application and directed that no Certificate of Occupancy should be granted until the shed was removed. This denial and the obligation to remove the shed have been filed against the property. A Temporary Certificate of Occupancy for the property was issued on April 4, 2001, subject, in part, to your agreement to remove the shed on the lake front of your property. — Additionally, I am advised that you have constructed and paved a driveway to a third garage stall on the property which causes the property to exceed the 25% hardcover allowed by ordinance. On February 12, 2003, City Inspector Lyle Oman wrote to ask you to remove the shed and the excess pavement by March 10,2003. To date, no action has been taken and the City has not received any communication from you with respect to these obligations. May I please hear from you with respect to your plans for these requirements in the next fifteen days? If I do not hear from you 1 will advise the City that it may proceed with appropriate legal action in order to bring the property into conformance. Additionally, I have advised the City that it may not issue a Certificate of Occupancy until these matters are addressed. Very truly yours. I Thomas cc: Michael Gaffron, City of Orono mOTMMvl OM __________ A PARTNERSHIP INCLUDINO PROPESSiONAL CORPORATIONS CITY of ORONO Munki|wl Qflkcs SkNtAMms: 27S0 Kelley Peifctriy Orom, MN SS356 MaiiVMtms: P.O. Box 6C CfysUI Boy, MN 55323^)066 May 23.2003 Gary Cable 3532 Ivy Place Wayzata, MN 55391 Re: Hardcover/Structure Violations; Certificate of Occupancy Dear Mr. Cable: The City has become aware that you have placed )^ur residence for sale. Pleas^.t^e advised that the property has not been issued a final Certificate of Occupancy due to a number ov‘unresolved issues. The property has not been brought into compliance with City ordinances as required, in that the “ice house” accessory structure has not been removed as was required by Resolution No. 4671, and the hardcover in the 75-250 zone exceeds the 25% limit, primarily due to the excess driveway installed to the third garage, but also in regards to sidewalks and retaining walls which have not been approved. The City Council will be asked at its meeting of May 27 (7:00 p.m. start time) to authorize filing of alls pendens against your property and commencement of legal action to gain compliance with City requirements. ‘Compliance’ includes the following actions on your part: 1. 2. Removal of the “ice house” accessory structure from the property. Removal of excess driveway and other hardcover in the 75-250' zone to result in no more than 25% hardcover on the property. The attached diagram indicates areas of the property considered as hardcover. Approximately 800 s.f. of hardcover must be removed from the 75- 250’ zone for the property to be in conformity. 3. Establishment of lawn (sod) in all areas where excessive hardcover has been removed. 6^12^33*?3434^ questions, please contact me at 952-249-4600 or City Attorney Thomas Barrett at Sincerely, Michael P. Gaffri Planning Director end. cc: Thomas Barrett Bob Ritter City Council 1kkph0M(952)24M<iB • fIn(9B2)14Mil4 r: ,546939 b GITYofORONO I RESOLUTION OF THE CITY COUNCIL 467 1NO. A RESOLUTION DENYING VARIANCES PER MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2636 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Gary Cable and Susan Cable (hereinafter "the applicants") are owners of the property located at 3532 Ivy Place within the City of Orono (hereinafter "the City") and legally described as follows: SCIVlOeS IHC. Lots 179 and 180, Taylor ’s Subdivision of Spring Par^0t4^fWnnepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City of Orono for a variance to Municipal Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (2) to permit 3,346 s.f. (25.4%) hardcover on the property where the land area within the 75-250’ setback allows 3,250 s.f. (25%) hardcover to permit an ice house within 75* of the lakeshore to remain on the property; and WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested after-the-fact variances as described above based on one or more of the following findings of fact concerning this property: Page 1 of 4 0 ^ r CITY of ORONO I 9It RESOLUTION OF THE CITY CG JNCIL NO____4 6 '2' I 1. 2. 3. 4. 5. 6. 7. 8 The property is located in the LR-IC zoning district, a single family lakeshore residential district. Properties in the lakeshore residential district and in the Shoreland Overlay District are subject to hardcover regulations. The subject property is allowed to use 25% of the land area beyond the 75' lakeshore setback for hardcover. The total land area in the 75-250 ’ lakeshore setback is 13,182.8 s.f Allowed hardcover allowed on the property is 25% of the area within the 75-250 ’ lakeshore setback. The total allowed hardcover on the property is 3,296 s.f. Hardcover regulations do not permit any hardcover within 75 ’ of the lakeshore. The City of Orono’s hardcover policy requires that properties that are redeveloping not exceed allowed hardcover. That includes any e.xisting or proposed hardcover within 75 ’ of the lakeshore be reduced from the amount of hardcover that is allowed on the property under the requirements of the hardcover ordinance. The ice house is located within 75 ’ of the lakeshore and does constitute hardcover on the property. A building permit for a new house was issued on November 1 3,2000 based on a site plan that met all requirements of the Zoning ordinances and Building Code. Applicants were approved with the understanding that the future of the ice house would be determined by the Cit\' though the variance application process. The applicants submitted a written statement stating they would abide by the final decision of the City regarding the future of the ice house building. The City of Orono issued a Temporary Certificate of Occupancy on April 19,2001 . A condition of approval was the shed “ice house ” be removed or get approval from the City within 90 days. The Planning Commission reviewed this application on November 20, 2000 and tabled the item to allow the applicants an opportunity to revise the plan that would at a minimum reduce the total hardcover on the property to not exceed the 25% limit in the 75-250' setback. Page 2 of4 m 9 r y£M .O GITYof ORONO RESOLUTION OF THE CITY COUNCIL 4671NO. 9. The Planning Commission again reviewed the request on May 21, 2001 and recommended denial by a vote of 4 to 0 based on the following findings: A,New construction projects that demonstrate a suitable building area have been held to the 25% hardcover limitation and the Planning Commission has not looked favorably on applications the exceed allowed limits. B.The Planning Commission agreed to table the application on November 20, 2000 to allow the applicants an opportunity to reduce hardcover. The plan reviewed on May 21,2001 did not reduce hardcover from the plan reviewed on November 20,2000. C.The approved site plan does not allow any hardcover for a sidewalk to the front entrance or indicate hardcover that could be used for access to the third stall of the garage. D. The Planning Commission did not make findings that could have supported a hardship that would have required variances to allow hardcover in excess of what is permitted on the property. 10. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) with which the applicants must first comply in order that variances be granted. The Council finds that: A.The property in question £§q be put to a reasonable use if used under the conditions allowed by the official controls if the proposed variances are not granted. B.Granting of the proposed variances would appear to serve as a convenience to the applicants and the applicants have not demonstrated a reasonable hardship or practical difficulty acceptable to the City Council to permit an ice house to remain on the propert>' exceeding allowed standards. Page 3 of 4 o CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6''^ \ c.The conditions and Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located as well as in adjacent residential zoning districts. 11.The City Council has considered this application including the findings and recor.unendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 12.Prior to a Certificate of Occupancy approval the ice house building shall be removed from the property. Removal of the ice house is required to be complete by Ausust17,2001. K / a Adopted by the City Counci j of the City of Orono on this 23rd day of July, 200!. ATTEST: y / A / 'n • Vui^L A. I Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me on this 23rd day of July, 2001 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipa' v.rporation and said instrument was executed on behalf of the City. RACHaOOOGE NOTAHY «*UC • MHNC?OTA Kr:-X3BXTSSSSi Notary Public Page 4 of 4 f- 1 919.4 I rw ^ S'7^ b 9it ....... M0 •••• • • •< it!.-• * 'SvisSf OJS /»i7 r £x/tr / z/>r7 f.67 Z^A I ^ 7 7 J/ fdASL yvi V $// / y \Uo ^ - 11 <ll * (J, - ao:^l?).l*7 ■* ^ - IS X‘27 ‘6* :jo = jr. ' n '•»' "» /) - ~ m ^■^^ .M 3«^x7 kt:i «.i- .N»—••• J ^—i~zi e^9*t^i'r W.7 7t99ltd4>W;/#o a •WOOD STAKE PLACED _ K *f32- ^>>0.5 ? •= ,liw».^ 3,M0S.‘i -; ^<t77 ni aho r>^ iV//V6 %£t-rue*r- 2 HiUtacMftd. ^1 '•fl-T/; TLVi VM> t t » I I III •T.T«7;rf o • IROri MON. SET « • moil MON. INPLACE ■? L- i\^ • •V i• mi firf <r • «/cr HoO«^ 12 <ll 9-»MH a© Ai?>.t7 ■*•2-)2.M IH J12TJ6'5«2 x7 jcjtib"S72-5'l* 36 ». 2 • l^.^ .•!»>/ ■••V ^.7 l<l * 1 I2t* /{S • • 1 H3Z, 2JC^k3 -=. 13 3. rlo.5iC2 -_63_ •(03\S 15'*5 3JtOtjSfa— j *is**6*^ 7 /7f wA«o rta ^<e*i SuA^\yitto*f P4UC LaTS ZotftM. j jO • • 5 5/^r / 4*' , #••• • • •' %>6 1'J4 ^ *'• «\| I ' 9 ir \ * fp^ (f,y *1 IztV 6^ ••/i t9«*/; /ft»7 '■' , 'i 'Zi / - «»h |4oo ^ II >tll » IH jC-ZTtt' ^^ <3t*b' ;,6 ,.233)- 11 * 1 ■> J^-) Qft.\0€oJ»Vv| »0ititr ___/. .. A •. 1 i ai^i OCt3t ,7ao» wiM oer. njt00 ^ a • WOOD STAKB PLACED it jri/y PCAc^ e • IRON MON. SET « HZ, 6 25*/w »l »jl.'b'Z* « • • IRON MQN. INPLACE . I-TS ‘ . .,'W.*'^.^ *f32- ^3 ^ ^ -3 .13^*^ r.jif‘o-5/^ - JJ— lo' s 3,M05.‘i -f Z ^77 /77 190 rrtii^O PaM^ LaT^^ ^Et rHt^r" 2 H»t^CiovtA xzcysn 2«i •I.TiJ.Tf mm , 1 e-2. s-z^-ot '’ k!x/snf^^ M^^cen/aa. ^ np- S'-Z.’2~~Oi /, /<hui€ a O fiip^ ^^i*- /Z »*y^^\ur\ __________________________>Z(oS-7 s^ 7_ i><g<UtfK)Afy /Hk Z6,' X VA* =• gujB.. ;T C^e ■ ^AJrny lOM»4g. » *7^ ^euufeiffe-6^»ct- (l-h^r t£)*-(?3o_^ AC- P/H^ <r%yC^ I ! ^LOCK, ^igT> tOA-UC^ I : < • i' I • I : ^O' >f /ff,s" g 9P>‘.ir?r %Q. '"JDf'UL. _____"7 V,o?e> iQ cw^foog^»-_______ /V>6? f^A^<AC d^Pt^snC f»Ul^ s * f r 3l#l Vo I I j ; Vq98» S^. PWgjtgS 11 ll!. * i |2- K I /yjL^ 2x> >< li.Lrf __3.7.a^ 2:2=^^_ 23 ijfefe.&7Z, S' l£> ^9 AJ^.L\%j<.yA.2\ X. J3 .2 ^ -1^7_ l^c.,0 */?.o ■ "2 6 2; O fit.“! c» J^f^x:. .................... r^x^8‘ C'fJ^y^n c\ • • • «•m.t Uxs.s • «»•« ?2S>r. r • # f # «*#i» « I • ••-« ♦ • • - • S.l ■ ♦ • to .J w. y. t 0nitr (y$ W>A 1^ ■ i CITY OF ORONO £. SITE PLAN __ GRADING PLAN &APPROVED- A/eui izes. □ APPROVED WITH REVISIONS □ DiSAPI BY m. iTF //*/3 'J <i adj! / S$itio oer njt0e* a • WOOD tTAKi PiACf O jri/y PCAC0 o •inONMON.SBT LfTs f7f'!•'? ,, rf£ii0O PAi^ UT^S •*.■« • * IflOtl MON. INPLACt MV • A AppUcatioa Deadline: to Day Deadline: 03/19/03 05/23/03 .......... - "V MAY 7 2003 1 f CITY Ol* REQUEST FOR COUNCIL ACTION DATE: May 23.2003 ITEM NO.1 Deportment Approval: Name: MikeGaffron Title: Planning Director Agenda Section: 2U>ning Item Description: #03-2883 Dennis Meyer - 46S5/468S Tonkaview Lane Lot Line Rearrangement • Resolution List of Exhibits: A Resolution B Survey C Staff Memo and Exhibits of April 14,2003 Applic4UioH Summary: Applicant requests rq>proval fora lot line rearrangement between these two developed residential lots. Applicant owns both properties, and each contains an existing single family residence. Both lots are substandard in the LR-IB 1-acre zone; the lot line rearrangement would make the larger lot slightly larger (nearer conformity) and the smaller lot slightly smaller (reduced degree of conformity). Please review the memo and exhibits of April 14 for further infomution. Planning Commission Recommendation Planning Commission reviewed this :q>plication on April 21,2003 and recommended ^proval by a 7 to 0 vote, subject to the following; 1 . Applicant to grant a 1 O' drainage & utility easement (S' either side of new lot line). 2. Applicant to provide title opinion to confirm ownership of both lots. 3. Lot area and width variance granted for each resulting lot (4655 can be redeveloped subject to all zoning standards without having to go through area/width variance process again). STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4655 and 4685 TONKAVIEW LANE FILE #03-2883 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 Orono (hereinafter “City Council ’’) has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Dennis A. Meyer (hereinafter “the subdivider’’) of properties legally described as: Tracts E and F, Registered Land Survey No. 1036, Files of Registrar of Title, Hennepin County, Minnesota (hereinafter “the properties’’); and WHEREAS, the properties consist of two developed parcels (the “Easterly Parcel’’ and the “Westerly Parcel’’) owned by the subdivider and shown on the survey attached hereto as Exhibit “A”; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.3S8 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 21,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the subdivider has completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation of the common lot boundary between the properties, as shown in the survey attached as Exhibit “A’’ resulting in a new legal description for each parcel as shown in Exhibit “A”; and WHEREAS, the intent of the rearrangement is to have lot lines reflect the historic occupation boundaries of each parcel. Page 1 of3 mttam WHEREAS, prior to the lot line rearrangement the Westerly Parcel was substandard i)i lot area and width, and the Easterly Parcel was substandard in area; and after the lot line le^^n^gement the Westerly Parcel remains substandard in lot area and the Easterly Parcel becomes w in width and remains substandard in area. However, the two parcels still ffieet the intent of ti>;' ve Plan of the City of Orono because no new building sites are created, having no impact or. Uie 0 ‘-<.*1tn and wify'il'* AlJi. with the iq^proval of this lot line rearrangement the City Council of the City of Orono grants a variance for the Westerly Parcel and lot area and width variances for the Easterly Parcel. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced property by the subdivider as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, dated May 1,2003, as attached in Exhibit “A”, subject to the following conditions: 1.Applicants shall provide a title opinion for the property confirming ownership and encumbrances. 2.Applicants shall dedicate to the public an iq>propriate drainage and utility easement along the new property line. 3.The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before November 27,2003 together with a certified original copy of this resolution. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new qiplication with the City of Orono for subdivision review. Page 2 of3 i Adopted by the City Council of Oiono, Minnesota this 27'* day of May, 2003. ATTEST; Linda S. Vee, City Clerk Pvbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 27th 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 day of May, 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 3 of 3 T •c CONCPTTC DRIVeWAY t •. iMfAai 6 EXISTINi HOUSE I r«A»fi I \ I CONCRETE m ■ U-OU \9Umm ryAj^T c A. j • ^ r"% «i^ • • im*vr#T. j ij!) I «CST I TRACT C. . RLS. Na 10M f I I PROPOSED MVOMO LfC mmRou « wai oo- c uajt -rr^Ap-r o •!.«»« # w f I Ov* -/ •L» I_______ •TrVA,>t rL PROPOSED LOT LINE REARRANGEMENT AND CERTFICATE OF SURVEY FOR DENNIS MEYER OF TRACTS E. AND F, R.L.S. NO. 1036 HENNEPIN COUNTY. MINNESOTA g;s;“Tfoct r, R«giit«rRd Land Survav No. 1056, filai of Regittror of Tit Its, Hanntpin County,* Mlnnototo. Eaitoflv DOrcal : Lot orto ■■ 24,960 Sg. ft*Tfoct E, Rtgltttrad Land Survav No. 1036, filit of Ragiftrar of Titlff, Hennepin County, Minnesota. 5K2?; . «.a. Tract r, and the vreeterl Sq. ft.I'weeterly 25.00 feet'of Tract E, Lend Survey No. 1036, files of Registror of Titles, Hennepin County. Minneioto. Tract*^E! Kegtstered Lond|survey Mo. 1036, flies of £Hennepin County. Minneioto, eicept the westerly 25.00 feet of sold Troct E. proposed ORAINACE and utility E^EtCNT DESCRIPTIONS An*eai««nt^for drolnoge ond utility purposes over the ®:9? ^**5 2^ i^fSJsi2?i725.W feet of^roct E. Registered Land Survey No. 1036, files of Registrar of Titles, Hennepin County. Minneioto ▲M*ln«lmnt^for droinooe ond utility purposes over the eosterly 5.00 feet of the Westerly 30.00 feet of Troct E, Registered Lond Survey No. 1036, files of Registror of Titles, Hennepin County. Minnesoto o: denotes iron morker _^Beorings shown ore bosed upon on ossimed datifn. This survey intends to show the boundaries of the obove described property, the location of three esisting buildings, ond the proposed locotl^ of o iropoMd dividing line thereon. It does not purport to show ony other inprovemints or encroochnwnts. *'ft m (7 j-; IF' .. Mo)or .. Clerk GRONBERG k ASSOCIATES, INC. i}-. • wTmmS pw HMT I AM A M.T mm.JkdsMl— m tVtm WMT IMiPUM AM UMO jiTJor SSIC 8/1/OS lo Date Application Received: 3/19/03 Date Application ConiMcrcd as Complete: 3/24n3 60*Day Review Period Eipires: S/23/03 To: From: Date: Subject: Chair Smith and Planning Commissioners Ron Moorse, City Administrator Mike Gaflron, Planning Director April 14.2003 #03*2883 Dennis A. Meyer, 4655/4685 Tonkaview Lane • Subdivision of a Lot Line Rearrangement - Public Hearing Zoning District: LR-IB Single Family Lakeshore Residential, 1-acre min. (43,560 s.f.) Lot Area:Existing 4655 Tonkaview; 24,960 s.f. (0.57 ac.) 4685 Tonkaview: 29,478 s.f (0.68 ac.) Proposed 20,200 s.f (0.46 ac.) 34,239 s.f (0.79 ac.) AppUcation Summary: Applicant requests approval for a lot line rearrangement between these two developed residential lots. Applicant owns both properties, and each contains an existing single family residence. Both lots are substandard in the LR-IB 1-acre zone; the lot line rearrangement would make the larger lot slightly larger (nearer conformity) and the smaller lot slightly smaller (reduced degree of conformity). Pertinent Code Sections: 1.10.24, Subd. 5B: Minimum lot area required = 1.0 acres dry buildable Minimum lot width required « 140* (measured at rear of fiont yard) List of Exhibits A - Application B - Plat map C - Survey - Existing & Proposed Lot Lines D - Staff Sketch: Buildable Envelope for 4655 E - Topographic Map F - Property Owners List G - Plat Map with Area Lot Sizes Background Applicant proposes to move the boundary between his two developed residential lots to reflect the visual lines of occupation as delineated by an existing tree line. The easterly lot (4655) has contained a residence since the early 1900's, which encroaches into the street right-of-way. The westerly lot (4685) has a relatively new home constructed in 1998 pursuant to a lot area variance granted in 1997. No other variances were granted for this lot, which met the 80% standard for lot width. »02-28S3 April 14,2003 Page 2 Lot Standards Lot Area & Width Each existing lot is substandard as compared to the 1 -acre LR-1B zoning district requirement. These lots have remained uncombined and each contains a single family residence, hence they are each considered as Mots of record’ and stand alone in terms of their zoning status. For substandard lots, die City in many past applications has approached lot line rearrangements from the perspective that the lot areas should remain the same, neither gaining nor losing area but doing an equal trade. However, that scenario would not accomplish this applicant’s goal of having the lot line match the perceived visual yard boundary. The result is that 4655 is reduced from 0.57 acre to 0.46 acre, and 4685 increases from 0.68 acre to 0.79 acre. Additionally, the width of 4655 decreases from a conforming 148.75* to a substandard 122.81', while the width of4685 increases from a substandard 114.34* to a conforming 140.28*. Existing developed lot sizes in the Tonkaview neighborhood range from 0.17 acres to 1.67 acres. Exhibit G illustrates the lot sizes in the immediate area. At 0.46 acres, 4655 will nQi be the smallest lot in the neighborhood. SgfrftfKg Both existing homes meet the required setbacks, with the exception that the home at 4655 encroaches not only into the required 35* front yard but also into the right-of-way of Tonkaview Lane. The lot line rearrangement has no impact on this setback situation. The only accessory structure on the two tots is a detached 20* x 23.1* building at 4655. This 462 s.f. structure meets the required 10* side setback for such structures, both before and after the rearrangement. The buildable envelope for 4655 after the lot line is moved is shown in Exhibit D. There still will be a substantial envelope for construction of a new residence on this site in the future. Hardcover Both lots are in the 500-1000* hardcover zone which allows 35% hardcover. The home at 4685 was constructed in 1998 and staff has confirmed that the hardcover is within the established limits and as approved with the building permit. The property at 4655 has substantially less hardcover than allowed by code. After the lot line rearrangement, each property will be well within the hardcover allowances, so hardcover is not a factor at this time. Applicant is advised that if4655 is ever re-developed, the 35% limit will come into play (35% of 20,200 s.f. is just over 7,000 s.f. which would allow for a 3,000 s.f. [15%] structural footprint, similar to the house at 4685, plus 4,000 s.f of driveway, walks, etc.). #02-28t3 April 14.2003 Pagc3 Lot Coverage bv Structure Each lot in both the ‘before’ and ‘after’ condition contains substantially less than the 15% limit on structural coverage, hence no variance situation will be created. Lot Standards Table The ‘before’ and ‘after’ lot standards are summarized in the following table: 4655 Tonkaview Lane 4685 Tonkaview Lane || Standard Required or Allowed Existing Proposed Exbting Proposed | Lot Area 43,560 s.f min.24,960 s.f (0.57 ac.) 20,200 s.f. (0.46 ac.) 29,478 s.f. (0.68 ac.) 34,239 s.f. (0.79 ac.) Lot Width 140' min.148.75 122.81 114.34 140.28 Hardcover 35% max. (500-1000*) 11.3 %14.0 %27.9 %24.1 % Lot Coverage by Structures 15% max.7.8 %9.7 %11.0%9.5 % Side Setback (Acc. Struc.) 10*35 ’10'N/A N/A UtUities Both lots are served by municipal sewer. The existing sewer connections are generally centered on the lots and the rearrangement will not create the need for any sewer easements. Each lot is served by a private well, and the rearrangement has no impact on those wells. Easements Staff is unaware of any existing drainage and utility easements with RLS 1036. However, given the sloped nature of the properties, it would be appropriate that the applicant grant a drainage and utilities easement S' either side of the new lot line. RLS 1036 created these lots in 1962, prior to the current zoning standards. The lot line rearrangement generally meets the intent of the Comprehensive Plan because it will not increase die existing density of the neighborhood and will not create additional building sites. Both lots are record lots and the lot line rearrangement will create new record lots. 1 Mi -• M^2St3 April 14,2003 Pmc4 Approval of the rearrangement involves the grantiniit of lot area varianccg far Int as well as a width variance for 46SS. Therefore, fiiture redevelopment of 46SS meeting all atanHawlg gyggpt area and width, would not be required to yo throuah the lot area/width variance pmceM ayaiti- luucs far Consideratioii 1. Does the proposed rearrangement leave each lot witti «ea «id widdi dimensions in keeping with the nei^boriiood? 2. Any other concerns about the proposed lot line rearrangement? Staff Recommeodatioa Staff recommends ^roval of the lot line rearrangement, subject to the following: I.' Applicant to grant a 10'drainage & utility easemoit (S'either side of new lot line). 2. Applicant to provide title opinion to confirm owner^p of both lots. 3. Lot area and width variance granted for each resulting lot (46SS can be redeveloped subject to all zoning standards without having to go through area/width variance process again). . r lift II rn'iMt/iilr .....1 A Application # Date Received 0^ , Amount Paid CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Siteaddress ^ (pyS* ^ Propertyldentification Number (PIP) C>7~ |l? 'h K vcr/yi7,|3 -m. ge»«y Please check one - Property ____abstract or _/ torrens? Attach legal description to application. APPLICANT N A A/I Name Address »> City Phone (home y<y>) 7 ? -cyg 9 */-, Phone (work)^??5^Zip$2^ Phone (work)(9^^7t^7 OWNER (if different than applicant) Name Address City __^ (attach list if more than one)Zip Phone (home), .Phone (work) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning Dishict Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units I -ff Other (specify)_________ ~3k PROPOSAL _________ Division for Tax Purposes Lot Line Rearrangement Only (no new buildling sites) _________ Subdivision for New Building Sites Number of Building Sites 9^ Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) _ Units per___Acres _ Sq. Ft. Dry Buildable Land V Residential _____Other (specify) -y -tt ■■mat MINIMUIVI MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Paymenc of fees (refer to "applicarion fees" listed below). 2. Completed application fona 3. Preliminary plat information on Cartiflcate of Survey. LntagOai^tSi^ui^ •PplKtUon pkiK attach a scpaiate liit of any other penoiis you oish ootilted of this application. MINIMUM MATERIAL REQUIRED FOR CO.MPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 2. Signed CertiflcateofSurvey or mylv copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit Zoning Official's Signature ____________________________________ I. APPLICATION FEES (Zoning Administrator to check (XI those which aonlv) A. Application Base Fees: Sketch Plan Review (Class I, II & III) $275.00 x_ Subdivision ofa Lot Line Rearrangement $350.00 __ Subdivision Application (Class I & II) $400.00 — Preliminary Subdivision Aopluation $400.00 + $30.00/lot (Class in Sc all non-residentian __ Final Plat Application (Clasi III) $250.00 ^ __ Legal Review and Filing: _____Subdivision only $100.00 Subdivision w/easements and covenanU min. $200.00 Toals Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I wd II Subdivision Application $200.00 (No change fiom original appUcation) Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original aonliotion^ Renewal of Final Class III Subdivision Application $150.00 (No change from^original ap^iSS) ^ B. Special Improvement Fees: _____ Proposed Private Roads $650.00 + $.50/IineaI ft.; _____ Proposed Public Roads $950.00 + $.50/Iineal ft; lin. ft. X .50 - $ . _ ---------- -----------------------Iin.ft.x.50-$ Request for City to Accept Existing Private Road $950.00 Proposed Sanitary Sewer Main Extension $275.00 + $25/stub Proposed Wateimain Extension $275.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $250.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) S60.00/per lot x_____new lots C. Flexible Application Fccs/Misc. Fees _____ Variance 5250.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $35.00/Dwelling Unit Date ^ Date Applicant must nave an suomittais mto the City Office 25 days before the Planning Commission meeting. Planning Commission meetings HARPCOVER QRPI^^A^CE - In 1975, the Orono City CounfirijIyp^diuLoidin^1 I j A p,. I 1 March 17,2003 TO: City of Orono Planning Commission FROM: Dennis A. Meyer 4685 Tonkaview Lane Subject: Lot line Realignment 4855 Tonkaview Lane & 4685 Tonkaview Lane RLS1036LotsE&F This* request is to move the lot line at the166uh8ary of these prof^rties by 25 feet.• e « This would increase the size of Lot F and decrease the size of Lot E. I currently own both properties. The purposes of this lot line change is to put the lot line at a more natural location. There Is an elevation change and a tree line approximately at this location. This woukf move the lot line to the iocation that it appears to be at when viewing the property. It would also ensure that aces to the well location in the rear could be reached by service equipment without going onto the neighboring lot. The yard area for 4685 goes onto the area now part of 4655. Sincerely * . t » • I . 4 . i •• # f •• . 0 . . . • • » , ' .i: U( ir. ) O lii! ' I ' % • { Hennepin County Taxpayer Services Departrhent 1 - •«s .*. ■ * V ^ » :/ •j » Vi' / — CHy ,^07- in- 23- T TS w/v ' ■ 5 Parcel Information Pareal ID 0711723320028 Hous« Number 4655 StTMt Nam* TONKAVIEW LA TNs is not»legafy ncorded nwfi. ttnpnsontsseompHstionoUnhfnmlkin WKl data from City, County, and SMf* nad authoritiaa and othar aourcaa. C0HCK1IonvcwAt EXISTING HOUSE **u» CCNCNCtC •r r«| • ooruB mA • tMnt m ft. moKSa MCA - 9M3ti M. ft. «sf iKcr •STii wje*oo- w foai6 # ••80 EXISTMG HOUSE ^DOSTMO I I C t. ome Ai«A • iMiot ta ft. MfOSD AKA • SOMOt tO. ft. PROPOSED DIVIDING LINE TRACT D > N 83*36'ooN 14348 TRACT C m T PROPOSED LOT LINE REARRANGEMENT AND CERTIFICATE OF SURVEY FOR DENNIS MEYER OF TRACTS E. AND F, R.L.S. NO. 1036 HENNEPIN COUNTY, MINNESOTA r«iSTlMC LCC*L neSCWIPTIOM : r'85^iur#d'’Ll.d'sSrrt**Ni*’l03l? l'li» of R.9«»tror of^itlo. *M«nn#pin Courtly. Mionrioto. rRUli‘0f04'’’^5'ISr:.y’So**lW? t'li» of R.9'o»ror of%UI«t. *M*nn#pln County, Mtnn.toto. pilOPOSCD tgCM. oeSCRIPTIONS,: Wtttorly poreol : Lot ?roo - 34.239 R,,i«tor#d Lond Surv.y i;!'l036."ftl«%?*Rl5u( Tltl... H.nn.pin County. Minno.oto. ra.torlv poretl • ^ot ofoo • ili#$ of R.otptfor of Tltlo». ....................................................... o: dortoltt ifOrt nnorktf B«orln9t Phowr. or. bo.od upon on o..ut*d dotan. TM. turv.y intond. to •'?o«.»''o •»oun^Mot^of tho J^JJJ,2d*'ocot?on o? o «Ui;5d‘diCid!nrn*o’‘hJJiSS. •» «»oo2 "o» lfi^v«mrtli Of ortCfooclnortU. TO -9 GRONBERG & ASSOCIATES, INC. •92-47>-4U1 ^5, ••••••• ••••j / •v Ojt /oypi 25.0 BULDMG / / EXISTING 'HOUSE \ -r I ....... EXBTMC AREA - 24,960i SO. FT. PROPOSED AREA - 20.200^ SO. FT. PROPOSED DIVIDING LINE •••*•.. 25.00 V. ^0' ®3*36' 00" w *43.38 / 'k20' / so ' (lr \J ^ ^ . 'Ov » 1 • 1fj EXISTING 1034. HOUSE ;i ^ ■ ••• ^ COCNI r| / \________/ •r r», • »•« •# » S• ^# •• • • • UTMB MU • mcfoaa MU • M ^ «»• kM * 1*^» 1 1•»« l« <«li 1 1 tv<tnc »cusc 1035 IfMMU • t«.4|0’ «0 rt MU - kJm* m rr. tOPOSEO^vm ^8. KUNDAIh.^H/iUUj 3S 0711723320028 PROP ADDR 4655 lONKAVIIiW LA OWNER NAME DENNtSAMEYER TAXPAYER DENNIS A MEYER NAME/ADDR 4680 NORTH SHORE DR MOUND MN 55364 38 0711723320045 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME i D DOLEZ^.L A J A ROSTAD TAXPAYER i D DOLEZAL&J A ROSTAD NAME4ADDR 5046 BARTLETT BLVD MOUND MN 55364 38 0711723320050 PROP ADDR 4680 NORTH SHORE DR OWNER NAME DENNIS A MEYER TAXPAYER DENNIS A MEYER NAME/ADDR 4680 NORTH SHORE DR MOUND MN 55364 38 0711723320056 PROP ADDR 4685 NORTH SHORE DR OWNER NAME HOLLY J A RICHARO R SCHAAD TAXPAYER HOLLY J A RICHARD R SCHAAD NAME/ADDR 4685 NORTH SHORE DR ^ MOUND MN 55364 38 0711723320059 PROP ADDR 4695 NORTH SHORE DR OWNER NAME STEPHEN C A JOANNE A WARD TAXPAYER NAME/ADDR STEPHEN C WARD 4695 NORTH SHORE DR MOUND MN 55364 HEK.^EIMN COUNTY PROPERTY INi ORMATION SYSTEM PROPERTY OWNERS LIST PAGE: 2 38 0711723320029 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME DENNIS A MEYER TAXPAYER DENNIS A MEYER NAME/ADDR 4680 NORTH SHORE DR MOUND MN 55364 38 0711723320043 PROP ADDR 4640 TONKAVIEW LA OWNER NAME KENNETH J HICKEY TAXPAYER KENNETH J HICKEY NAME/ADDR 4640 TONKAVIEW LA MOUND MN 55364 38 0711723320046 PROP ADDR 1240 GARDEN CT OWNER NAME D TRONGARO A S M TRONGARD TAXPAYER DEAN A SUSAN MTRONGARD NAME/ADDR 1240 GARDEN CT MOUND MN 55364 38 0711723320047 PROP ADDR 4690 TONKaVIEW LA OWNER NAME WAS BULL TAXPAYER WILLIAM A BULL NAME/ADDR 4690 TONKAVIEW LA MOUND MN 55364 38 0711723320052 PROP ADDR 1315 REST POINT LA OWNER NAME K JGROVFH AS KGKOVER TA XPAYER KEVIN J GROVER AND NAME/ADDR SUSAN K GROVER 1315 REST POINT LA MINNETRISTA MN 55364 38 0711723320053 PROP ADDR 4675 NORTH SHORE DR OWNER NAME H J SCHAAD A R R SCHAAD TAXPAYER HOLLY J A RICHARD R SCHAAD NAME/ADDR 4685 NORTH SHORE DR MOUND MN 55364 38 0711723320057 PROP ADDR 4755 TONKAVIEW LA OWNER NAME DAMON S WRIOHT/MARY F JONES TAXPAYER DAMONS WRIGHT NAMF7ADDR 4755 TONKAVIEW MOUND MN 55364 38 0711723320058 PROP ADDR 4705 NORTH SHORE DR OWNER NAME AHATKRASCHER TAXPAYER ANDREW H A TRACY K RASCHER NAME/ADDR 4705 NORTH SHORE DR MOUND MN 55364 38 0711723320063 PROP ADDR 4620 TONKAVIEW LA OWNER NAME TODD R COURNEYA TAXPAYER TODD R COURNEYA NAME/ADDR 4620 TONKAVIEW LA ORONOMN 55364 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OFMY KNOWLEDGEANDBEUEF. ^ ji. ^ DATE^^JLn^ BY • '-i / ■ P I'M it -V •■ I >'. RliN DATE; 3/14/2003 38 0711723230010 PROP ADOR 38 ADDRESS UNASSIGNED OWNER NAME STEVEN FVAUiK TAXPAYER STEVEN VALEK NAME/ADDR 4720 TONKA VIEW LA MOUND MN 55364 38 0711723230030 PROP ADDR 4720 TONKAVIEW LA OWNER NAME S F VALEK A 3 VALEK TAXPAYER STEVEN F A JOAN VAIX;K NAME/ADDR 4720 TONKAVIEW LA MOUND MN 55364 38 0711723320004 PROP ADDR 4735 TONKAVIEW LA OWNER NAME SV WHITMAN AM E WHITMAN TAXPAYER STUART V WHITMAN NAME/ADDR 4735 TONKAVIEW LA MOUND MN 55364 38 0711723320014 PROP ADDR 4739 TONKAVIEW CT OWNER NAME LARRY A G'lEENHAGEN FT AL TAXPAYER LGREENHAGEN A V GREENHAGEN NAME/ADDR 4739 TONKAVIEW CT MOUND MN 55364 38 07II7233200IB PROP ADDR 4731 NORTH SHORE DR OWNER NAME DENNIS A MEYER TAXPAYER DENNIS A MEYER NAME/ADDR 4680 NORTH SHORE DR MOUND MN 55364 38 0711723320025 PROP ADDR 4625 TONKAVIEW LA OWNER NAME RICHARD O A JUUE A ROELOFS TAXPAYER RICHARD O A JUUE A ROELOFS NAME/ADDR 4625 TONKAVIEW U MOUND MN 55364 . .%■ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PAGE: I 38 0711723230011 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME RALPH WINTON PALMER TAXPAYER RALPH WINTON PALMER NAME/ADDR 4750 TONKAVIEW LA MOUND MN 55364 38 0711723230019 PROPADDK 38 ADDRESS l.'NASSIGNED OWNER NAME CITYOFORONO TAXPAYER CITYOFORONO NAME/ADDR POBOX66 CRYSTAL MN 55323 38 0711723230031 PROP ADDR 1180 CARDEN CT OWNER NAME STIMKELLLC TAXPAYER STIMKELLLC NAMF/ADDR 6624 GLEASON TER EDINA MN 55439 38 0711723320003 PROP ADDR 4725 TONKAVIEW LA OWNER NAME E A T CHRISTIANSON TAXPAYER EARL A TERRY CHRISTIANSON NAME/ADDR 4641 TONKA VIEW LANE MOUND MN 55364 38 0711723320009 PROP ADDR 4736 NORTH SHORE DR OWNER NAME LONG YANG A/VNJER X YANG TAXPAYER 1X3NG YANG NAME/ADDR 4736 NORTH SHORE OR MOUND MN 55364 38 0711723320010 PROP ADDR 4745 TONKAVIEW CT OWNER NAME JAMES R THOMSON ETAL TAXPAYER JAMES THOMSON NAME/ADDR 4745 TONKAVIEW CT ORONOMN 55364 38 0711723320016 PROP ADDR 4731 NORTH SHORE DR OWNER NAME DENNIS A MEYER TAXPAYER DENNIS A MEYER NAME/ADDR 4680 NORTH SHORE DR MOUND MN 35364 38 0711723320017 PROP ADDR 4725 NORTH SHORE DR OWNER NAME JP HENRY ETAL taxpayer J P HENRY NAMF7ADDR 4725 NORTH SHORE DR MOUND MN 55364 38 0711723320019 PROP ADDR 4745 NORTH SHORE DR OWNER NAME HERMAN CRAWFORD ETAL TAXPAYER HERMAN CRAWFORD NAME/ADDR 4745 NO SHORE DRIVE MOUND MN 35364 38 0711723320024 PROP ADDR 4615 TONKAVIEW LA OWNER NAME KAT»ILEEN G ASH TAXPAYER KATHLEEN GASH NAME/ADDR 4615 TONKAVIEW LA MOUND MN 55364 I 38 0711723320026 PROP ADDR 4629 TONKAVIEW LA OWNER NAME J R ABRAHAMSONA) ABRAHAMSON TAXPAYER NAME/ADDR JAMES R * DAWN ABRAHAMSON 4629 TONKAVIEW LA MOUND MN 55364 38 07II72JJ20027 PROP ADOR 4635 TONKAVIEW U OWNER NAME H BOON AM H BOON TAXPAYER HENK BOON A MARK H BOON NAME/ADDR 4635 TONKAVIEW LA MOUND MN 55364 4^ O rni o » \l «* ii-V Application Complete: 60 Day Deadline: 4/22/03 6/20/03 HAY 2 7 2003 CITY Or Unvyrio REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner DATE: May 21,2003 ITEM NO. g Agenda Section: Zoning Item Description:/^03>289I Eric & Karen Paulson 2605 Maple Ridge Lane Variance Exhibits: A Resolution B Staff Report and exhibits of 5/19/03 Planning Commission meeting Application Summary: The applicant is requesting a variance to permit construction of an in-ground pool that encroaches 32 ’ into the average lakeshore setback. Pertinent Code Sections: 1. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (CX6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of thr residence buildings on the immediately adjacent lakeshore lots. (Request: To permit a variance to encroach 32 ’ into the average lakeshore setback). PL.ANNING COMMISSION: Planning Commission recommended by a 6 to 0 vote to: Approval of a variance to permit construction of an in-ground pool that encroaches 32 ’ into the average lakeshore setback. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. 4 i A RESOLUTION GRANTING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B); AND SECTION 10.56, SUBDIVISION 16 (CK6) FILE NO. 03-2891 WHEREAS, Eric and Karen Paulson, husband and wife, (hereinafter "the applicants") are the owners of the property located at 2605 Maple Ridge Lane, within the City of Orono (hereinafter "the City") and legally described as follows: Lot 7 and that part of Lot 8, “Shore Hills", described as follows: Beginning at the point of intersection of the dividing line between Lots 7 and 8 in said Shore Hills with the shore of Lake Minnetonka, thence Southerly along said dividing line to the Northerly line of Mapleridge Lane in said Plat; thence Northeasterly deflecting to the left 150 degrees 25 minutes from last described course a distance of 109.8 feet; thence Northerly deflecting to the left 29 degrees 00 minutes from the last described course to the . *re of Lake Minnetonka; thence Northwesterly along said shore line to the point of beginning, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.22, Subdivision 1(B); and Section 10.56, Subdivision 16 (CX6) to permit construction of an in-ground pool that encroaches 32' into the average lakeshore setback, 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 May 19,2003, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS I. This application w^ reviewed as Zoning File #03-2891. Page 1 of 5 i i 2. The property is located in the LR-1B Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately 1.88 acres. 3. The Orono Planning Commission reviewed this application on May 19, 2003 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The existing house was constructed before the zoning ordinance was adopted and does not encroach into the average lakeshore setback; B. The proposed pool meets all of the required setbacks and hardcover regulations; C. The existing vegetation on the property screens the pool from the neighboring homes; and D. The neighboring homes will not be negatively affected by the construction of the pool due to their orientation on the properties. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, bu; is necessary to alleviate a demonstrable hardship or difficulty; is necessary to presen e a substantial property right of the applicants; and would in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of Lh: City. 6. The City Council has considered this application, including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.22, Subdivision 1(B); and Section 10.56, Subdivision 16 (CX6) to permit construction of an in-ground pool that encroaches 32 ’ into the average lakeshore setback. Approval is subject to the following conditions: Page 2 of 5 1.Council approval is based on the site plan submitted by the l^)plicants as amended by staff and as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive oiUy and must be exercised by iq>plication for a building permit within one year of the date of Council approval, or these variances will expire on that date (May 27,2004). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this 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 or Orono, Minnesota at a regular meeting held on the 27th day of May, 2003. ATTEST: Linda S. Vte, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of S 4 J STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 27th 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 day of May, 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .,2003,j)ersonally appeared before me, ____who is personally known to me ____ whose identity I proved on the basis of whose identity I proved on the oath/afhrmation of credible witness ..a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of S ------------ w- I ^ L. STATE OF MINNESOTA COUNTY OF HENNEPIN On this __day of appeared before me, . 2003,jiersonally who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of credible witness .,a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public i « ’i is- Pages of5 [fi i A •A'"- &M Vif'k '■:>■; 'iM'/' f v^'-fiCi:' ^assssaa •CAfl a««i> *mH M4* «^«n ^ ai^»' ••« a«|*M^ •(*’•• ••« M|*«au •« i4 Ml •• t**'* M4 v«« . •• • (M* lib«<!•«» 4^ %*4*<# M«* M kM« 0 M »ui| « mMIiIU •M « •••It M »OMA.f«AUME iJIWm l•^•r•.l••• i*« MM WMM* 4M< • MMt CERTIFICATE OF SURVEY AND TOFOQRAPNIC SURVEY FOR ERIC 4 KAR04 PAULSON o 0 o # iHiinf.Tyi l^Tlin liiilllMiBinlli Application Received: Application Complete: 60 Day Deadline: 4/14/03 4/22/03 6/20/03 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jennifer Chaput, City Planner DATE:May 13,2003 SUBJECT: #03-2891 Eric and Karen Paulson 2605 Maple Ridge Lane Variance — Public Hearing Zoning Dbtrict: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 1.88 acres (82,069 s.f.) Application Summary: The ^plicant is requesting a variance to permit construction of an in-ground pool that encroaches 32’ into the average lakeshore setback.________________________ Exhibits: A B C D E Application Survey Plat Map Property Owner’s List Permit Record Pertinent Code Sections: 1. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (CK6): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. (Request: To permit a variance to encroach 32’ Into the average lakeshore setback). Discussion: Average Lakeshore Setback The existing house does not encroach into the average lakeshore setback. However, the proposed pool encroaches 32’ into the average lakeshore setback on the property. The neighboring properties do not follow a straight line at the lakeshore, creating varied setbacks from the OHWL. The houses are also oriented to their lake so that their views, should not be obstructed by the in-ground pool. There are a numbrr of trees screening neighboring views of U03-2891 Eric and Karen Paulson 5/13/2003 Page I of 2 I i the property in question, so neighboring views should not change with the pool addition. Setbacks The proposed pool is located more than 7S' from the OHWL and meets the required setbacks from the side lot lines, OHWL and structure. Hardcover: 75 ’-250 ’ The proposed pool is located in the 75’-250 ’ hardcover zone where 10,757 s.f. (25%) hardcover is permitted. In addition to the pool, the proposal shows decking and retaining walls, all of which are included in the hardcover calculations. As proposed, there is 10,749 s.f. (24.98%) hardcover in this setback zone, just under the maximum permitted. No hardcover variance is necessary. Structural Coverage The pool is not considered part of the structural coverage on the lot since there are no portions of it greater than 6’ in height. History: In 1988, a conditional use permit for a permanent dock was granted (zoning file #1285; resolution #2446). There have been no other land use applications on this property. The deck on the lakeside of the home was constructed in 2002. The house has been in existence since before the current zoning ordinance was adopted. 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 house was constructed before the zoning ordinance was adopted and does not encroach into tl,e average lakeshore setback; 2. Although hardcover in the 75’ to 250 ’ setback zone increases with this proposal, it does not exceed the maximum permitted in the zone; 3. Structural coverage does not increase with this proposal; 4. The proposed pool meets all of the required setback criteria; 5. iTie existing vegetation on the property screens the pool from the neighboring homes; 6. The neighboring homes will not be negatively affected by the construction of the pool due to their orientation on the properties; and 7. Other issues raised by the Planning Commission. Staff Recommendations: Staff recommends approval of a variance to permit construction of an in-ground pool that encroaches 32 ’ into the average lakeshore setback. H03-289I Eric and Karen Paulson 5/13/2003 Page 2 of 2 \ i 41- ' K , CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) A V2> Application # '^3- a 89 / Date Received Amount Paid ^ PROPERTY INFORhl^TION , r>) | Site Address /n<>p|g _________________________ Property Identification Numoel fP.I.D> '^<?-S ^ A.I-000^ L Attach legal description to application if not included on required survey. Date ProM^ Acquired_ rj^fr^o also own the adjacent parcels of land. PresentuS^f property; residential ___pother (specify). Zoning District: \&________• - ________ wpucatioi (month/ycar) APPLICANT Name NT ,1 ,f _ ^ ^ Phone I IwsT u I^V^Q i/n Phone (work) ______Zip: <rC^3/Address: 3-40?' (s !City: OWNER (if different^an. applicant) Name fi>o Phone (home). Phone (woric)_ Address: r~ KVlc^ic* L.>.. City: ^rotAO Zip:.rr33/ DESCRIPTION OF REQUEST Describe request in detail: Sco t Estimated Construction Cost $ '7C 06C. ^ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hc.icoycr ____^Lot Coyerage _ Rear Ayerage 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:__________________________________ JL^ O ^ O O) 1 iT ^ O ^ (attach additional sheets if necessary) Ai^2> REQUIRED SUBMITTALS All pf <l>g following loformation must be submitted bv the appllcatioii deadling late in orrii^r for vour application to be considered cnmp^y^i»» 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Fonn Unified Property Owners List of owners within 150’, labels and plat map (youmurt obtain this list, labels and map from Hennepin County Department of Finance A-603 _fiovt Center, 348-5910). ’ Certificate of Survey (signed by a licensed surveyor) and include hardcovei' calculations as required. In addition, provide one (1) copy 8*A" x 11" foi reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8*/2" x 1!" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8 Vi" x 11"). List of the legal names (include nurital status) of all persons with an interest in the properly. 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 vour variance appUcation is not complete If the nbove information ha« not been lnrli.di.rf APPLICANT'S SIGNATURE The applicai. 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 exp^es ir^rr^^jira>^ this application, and certifies that the inforaiation ■“ triM'^d cor^gaiPt^ besLoi his/her knowledge. Applicant's Si^Date OW'NER’S SIGNATURE The owner hereby acknowledges and agrees lo this application and further authorizes reasonable entij' onto the property byj^ity,,st^^ agents, Commission members, and Council estigatigiuahcl verification of this request.members foMStlrpostvtf Owner ’s Ulgnaluf Date Apphcant-f?mst h^irSlibmittals 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. t is* .sa f• •1^ ✓. rV>R’-15-2e03 11124; lY.v^v.v.v mfPPPE CQRP 7635041107 P.Ol iikN<<iM{tSmmtOiktOiifPiothfOffar i i I ; ; ’• Smt via Fox to: 952^249 ’4616 TO:Wendy DATE: April 15,2003 FROM: Eric H. Paulson Our home at 2605 Maple Ridge Lane as built in 1952 by Mr. Lyle Halvorson for his family and sold to the Bower family in 1974. My wife and I purchased and have resided at this pn^)eity since 1978. While we have continued to upgrade the pr(^)erty, its value and tax base, we have never before asked for a variance. This **average lakeshore*’ set back variance that we are requesting does not obstruct the view of any neighbor. In fact, the natural topography sets the pool and deck below the neighbor*s sight line while the over brush provid^ total isolation of the property from the view of either neighbor. The property is approximately two acres diat we have maintained in a pristine manner. With the visiting of grandchildren, this pool provides a famil y gathering area with true family value. The pool and surrounding deck, while in size, has been designed to contribute to the natural beauty of our newly rem^led home and our surrounding property. EHP:cf cc: Scott Hams Charles Stini YkMLW POOU fT^Ui I’-o"* ^JtOUmTi 6HMUM t. ^TID^U 4| 2«o> Hennepin County Taxpayer Services DeF^iimpht « . . </ r; 21- ir7- i3~ Parcel Information Pare«l ID 2111723210008 Houm NumbM> 2008 8tr««t Nam# MAPLEIUDOB LA -r TNs is noi • kigslly nconi$d map. ItnpfaaanisacompllalkmeUnkinnallen and data trom City. County, and Sta^ road aulhorttias and otharaotacaa. ji RUN DATE: 4/15/2003 31 2111723210004 PROP AODR 2665 MAPLERIDGE LA OWNERNAME CII SMOOT III A C A SMOOT TAXPAYER CEClUAArHARLES P SMOOT III NAME/ADDR 2665 MAPLERIHGE LA EXCELSIOR MN 55331 3S 2111723210009 PROP ADDR 2610 MAPLERIDGE LA OWNERNAME P A KNIGHT A C R KNIGHT TAXPAYER PHYLLIS A A CHARLES R KNIGHT NAME/ADDR 2610 MAPLERIDGE LA EXCELSIOR MN 55331 38 2111723220007 PROP ADDR 2510 OLD BEACH RD OWNERNAME TIMOTHYFOLSON TAWAYTR TIMOTHY F OLSON NAME/ADDR 2510 OLD BEACH RD WAY2:ATAMN 55391 38 2111723240052 PROP ADDR 2670 MAPLERIDGE LA OWNERNAME PAALITTLEIV TAXPAYER PHIUPIV A AMANDA S LITTLE NAME/ADDR 2670 MAPLERIDGE LA EXCELSIOR MN 55331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2111723210005 PROP ADDR 2605 MAPLERIDGE LA OWNERNAME ERICH PAULSON TAXPAYER ERIC H PAULSON NAME/ADDR 2605 MAPLE RIDGE LA EXCELSIOR MN 5533 1 38 21 1 1723210007 PROP AODR 2605 WEST LAFAYETTE RD OWNER NAME B L A D M BLANKENSHIP TAXPAYER BRADFORD A DEBRA BUNKENSHIP NAME/ADDR 2605 WEST LAFAYETTE RD EXCELSK3RMN 55331 38 2III7232IOOIO PROP ADDR 2607 WEST LAFAYETTE RD OWNERNAME M PRIDE AS COON TAXPAYER M PRIDE A S COON NAME/ADDR 2607 WEST LAFAYETTE RD EXCELSIOR MN 55331 38 21 1 1723220006 PROP ADDR 2496 OLD BEACH RD OWNERNAME G K CARLSON A D M CARLSON TAXPAYER GERALD K A DIANE CARLSON NAME/ADDR 2496 OLD BEACH RD WAY2ATAMN 55391 38 2III723240050 PROP ADDR 2650 MAPLERIDGE LA OWNERNAME WILLIAMCARONSIR TAXPAYER WILLIAM C ARONS JR NAME/ADDR 603 NORTH YACHTSMAN OR SANIBELFL 33957 38 21 11723240051 PROP ADDR 2660 MAPLERIDGE LA OWNERNAME K J YEAGER A J T YEAGER TAXPAYER KARL J A JUUET YEAGER N/LME/ADDR 2660 MAPLERIDGE LA EXCELSIOR MN 55331 I CERTIFY THATTHE FACTS REPRESEKTED ARE AN ACCURATE AND TRUE REPRESENTAHON OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO TH£ BEST OF MY KNOWLEDGE AND BEUEF. _ - DATE BY PAGE: I ■V > 7 J' (I /V, .1 e? I 1 lAiAi Permit No. riA9H ^ lb lk23. l'?^ :jfd /feb- ais4 «p^so DJH31 mio'=\ hmioi ^o a4>ib io_wk. £05311. f‘r9f«iir^/ tUh. PERMIT RECORD Date S-?-7/ ^ ^Un'^X <S vV-1?? 5 • y-?9 5- n-S^ 2:.^7'9(P Q' 3l9'^/^ U’/^'9cy 5-13-q‘l 3-/tf-63- 9-J3.-0 10-14-30)0 t/'/S -03 e Type of Permit AocA^^yo JQAr£ /jlAJ: lOtiin 7fL\tpA l.OnTi) d&j{U£t VMd,) (i) g ^ ‘rz-jul y\£ LiJaJ^ m 010^0: Gu4k^ obo^ k«./cAx.t ■4^. . yS^co>€'i. / r Dale Application Received: 4*15^3 Dale Application Considered as Complete: 5*14413 60*Day Review Period Eapires: 7*14*03 MAY 2 7 2003 ClIVUhOMO/MU REQUEST FOR COUNCIL ACTION Date: May 21,2003 Item No.: ^ Department Approval: Name: Michael P. Gaffron Title: Planning Director Administrator Approval: 4^ Agenda Section: Zoning Item Description: #03*2892 Daniel Bartus, 1001 Wildhurst Trail * Variance - Resolution Zoning District: Lot Area: Lot Width: LR*1B, Single Family, 1 acre / 140' width 37,380 s.f. ± (0.86 acres - meets 80% standard) lOS' at front setback line Lbt of Exhibits A * Resolution per Planning Commission Recommendation B- PC Action Notice 5*21*03 C- PC Memo and Exhibits of 5*14-03 Application Summary This is a request for a lot width variance for an existing lot of record. The existing home and detached garage were demolished in April 2003. The existing lot width at the 35' front setback line is 105', less than the 140' width required for the LR-IB District and not meeting the 80% standard for existing lots of record. This is not a lakeshore lot. No other variances are necessary for reconstruction on this property. Planning Commission Recommendation On May 19 Planning Commission voted 6*0 to recommend approval of lot width variance subject to applicant providing plans for final building permit approval that meet all other City standards for new construction in the LR*1 B zoning district. The driveway shall be relocated from the adjoining property to meet at least the minimum 5' side setback. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a lot width variance for 1001 WildUumt TraiL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24 SUBDIVISION SB RLE NO. 03-2892 WHEREAS, Daniel A. Baitus (hereinafter “the applicant") is the owner of the property located at 19S5 Heritage Drive within the City of Orono (hereinafter the "City") and legally described as follows: The East '/a of Lots 1 to 8 inclusive, Block 4, Mount Home Park, Hennepin County, Minnesota; and That part of the southerly 220 feet of the West '/a of Lots 3, 4, 5, 6, 7, and 8 lying Northeasterly of the following described line: Commencing at a point in the center of the South line of Lot 8; thence to a point on the West line of Lot 3, said point measured 220 feet North from the South line of Block 4, in Mount Home Park; and That part of Vacated Grandview Place which lies easterly of the easterly line of Block 4, Mount Home Park, South of the easterly extension of the northerly line of Lot 1, said Block 4, Mount Home Park, and northerly of ^ easterly extension of the South line of Lot 8, said Block 4, Mount Home Park. (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal 2^ning Code Section 10.24 Subdivision SB to allow construction of a new residence to replace a pre-existing residence on a lot lOS' in width in the LR-1B Zoning District where a 140* minimum lot width is required. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, HNDINGS 1. This triplication was reviewed as Zoning File #03-2892. 2. The property is located in the LR-1B Lakeshore Residential Zoning District, which Page 1 of S 1 requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot contains 0.86 acres in area, meeting the 80% rule of Section 10.03, Subd. 6(AK1), for existing lots of record, but is only 105* in width at the rear of the front yard, not meeting the 80% rule noted above. 3. The Planning Commission reviewed this application at a public hearing held on May 19, 2003 and recommended approval of the lot width variance based on the following findings; a) The property contained an existing residence structure and detached garage, which have been recently removed by the applicant in order to construct a new residence on the property. b) The property is provided with municipal sewer. c) The lot area of 0.86 acres is sufficient to allow reconstruction on the site, where a residence has previously existed for many years, without the need for further variances. d) There is no land available for acquisition by the applicant to bring the lot into conformity. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above flndings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 10.24 Subdivision SB to allow construction of a new residence to replace a pre-existing residence on a 105' wide lot in the LR-1B Zoning District where a 140* lot width is required, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2.Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (May 27,2004). 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, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the ^plicant's heirs, successors and assigns, hereby agrees to the recording of Ms resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of May, 2003. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Property Owner(s) Pa^ 3 of 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 coiporation 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 coiporation and said instrument was executed on behalf of the City. Notaiy Public Page 4 of5 ■ : ,,, iX. - 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 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 5 of S Y\iV\ __ V • 1 1 1 i1*j\ 1 m\\ 3 \\l X^«S«5te LkJ O C4 1 to T A t- CERTIFICATE OF SURVEY FOR NANCY FERRELL IN BLOCK 4. MOUNT HOME PARK HENNEPIN COUNTY. MINNESOTA :>* Vr.. N 89*28‘ 27" E | ssussr^ cr toTf • j SUV.SJf!A- HM legal description of pre >^ses_; N 89*39’ 11" E 64.7 nr The Eosl 1/2 of Lot 1 to 8 inclusive. Block 4, Mount Home Pork, ond Thot port of the Southerly 220 feet of the of the West 1/2 of Lots 3. 4. 5, 6. 7. ond lying Northeosterly of the following described line : Commencing ot o point in the center CoiilK of Let 8; thence to o point on the West line of Lot 3. soid point measured 220 feet North from the South of Block 4, in Mound Home Pork. gravel ' iOOS.1M IEWAY\ i.'' s 1 ! t:;:- .SORCCNIporch UjO a 4 1 proposed 2 a HOUSE .. 1 3 IIS4 3 ^ 3 1 i i [STOOP I f r. ■1 fine ond thot port of Vocoted Grondview Place which lies eosterly of the eosterly line of Block 4. Mount Home Pork, South of the eosterly extension of the northerly fine of Lot 1. soid Block 4, Mount Home Pork, ond northerly of the eosterly extension of the South line of Lot 8, soid Block 4. Mount Home Pork, 1v 250* SETBACK UNE 'tsviar I 1 0 ; denotes iron morker Beorings shown ore bosed upon on ossumed dotum. This survey intends to show the boundories of the obove described property, the locollon of on existing goroge, and the proposed locotlon of 0 proposed house thereoa It does not purport to show ony other improvements or encrooehments. \ I . I aur* S 89*43 ’ 43" W 94.61 >: t legal description of f The East 1/2 of Lot 1 Block 4. Mount Home Pc Thot port of the Southe of the West 1/2 of Lol lying Northeasterly of tt line : Commencing ot c fkt rn# lirt# of Lc) point on the West line < meosured 220 feet Nort fine of Block 4, in Mourn ond thot port of Vocot< which lies eosterly of Vt Block 4, Mount Home Pc eosterly extension of th Lot 1o soid Block 4, Moi northerly of the easterly South line of Lot 8, soi Home Pork, denotes iron morkc Bearings shown ore bosi upon on ossumed datum This survey intends to : of the above described of on existing goroge, o of 0 proposed house thei to show ony other tmprov OS-207 k42 0 r v.J h- 0 • -1 r 9441 I >■f%! LEGAL ngSCRPTION OF PREMISES ; Th« East 1/2 of Lot 1 to 8 Inclusive. Block 4, Mount Home Pork, ond Thot port of the Southerly 220 feet of the of the West 1/2 of Lots 3. 4. 5. 6. 7, ond 8 lying Northeosterly of the following described line : Commencing ot o point in the center «<%uth lin# <\f Lot 8; thence to a point on the West line of Lot 3, soid point measured 220 feet North from the South line of Block 4, in Mound Home Pork. or^ thot port of Vacated Grandview Place which lies easterly of the eosterly line of Block 4, Mount Home Pork, South of the easterly extension of the northerly line of Lot 1, soid Block 4. Mount Home Pork, ond northerly of the easterly extension of the South line of Lot 8. said Block 4, Mount Home Pork. 0 : denotes iron morker Beorings shown ore based upon on assumed dotum. N 89*39' IV' E 64.76 This survey intends to show the boundories of the above described property, the locotion of on existing goroge, and the proposed locotion of 0 proposed house thereon. It does not purport to show ony other improvements or encroachments. IsSrecn IPOIICH 4S PROPOSED j HOUSEr i ' [STOOP [ 1^ Y- 0 * 250* SETBACK UNE t49TIM.T Itc orW. 1 V S 89‘’43’43” W 94.61 HIGHVIEW LANE REVQQN DATE DCSCPPIXJN 1 ORAWk 1 ECO 1OCCKIO 1 ma GRONBEKG k ASSOaATES, INC. OONSUITIC DCKDBb UM) SUmYOPSb 9TC Ft 445 N. WLLOW DR. LONG LAKE, MN. 55356 952-473-4141 I »€P£0Y CCRtrY THAT T1«S PLAH SPCCTICATOK OR PtPORT WAS mPARCO SY 1C OR UNOCR MY OICCT SimvSXW AK) THAT I AM A DULY UCOISCO PROFCSSONC. ENGMCR AM) UM) siiCTOi oon lie uws or t>€ ^i^Aic or isiaoTA SATE SCMX r-20* DATE 5-13-03 JOS MX 03-207 03-207 CERTIFIC NAN IN BLOCK HENNEPI LEGAL DESCRIPTION OF PR The Eost 1/2 of Lot 1 to Block 4, Mount Home Par Thot port of the Southerly of the West 1/2 of Lots tying Northeosterly of the line : Commencing ot o of the South line of Lot I point on the West line of measured 220 feet North line of Block 4, in Mound ond thot port of Vocoled which lies eosterly of the Block 4, Mount Home Pori eosterly extension of the Lot 1. said Block 4. Mour northerly of the eosterly c South line of Lot 8. soid Home Pork. denotes iron morker Beorings shown ore bosed upon on assumed datum. This survey intends to she of the obove described pr locotion of on existing ho thereon. It does not purpi other improvements or en CERTIFICATE OF SURVEY FOR NANCY FERRELL N 89 ‘2aW E 94.42 IN BLOCK 4, MOUNT HOME PARK HENNEPIN COUNTY. MINNESOTA L 0 I or IK Kii iK or __ ................................ HOCK 4 L T 10'^" 4»eT(VA.ai- I.............. LEGAL DESCRIPTION OF PREMISES : The Eosl 1/2 of Lol 1 lo 8 inclusive, Block 4, MounI Home Pork, ond Thol porl of the Southerly 220 feet of the of the West 1/2 of Lois 3, 4, 5, 6, 7, ond 0| lying Norlheosterly of the following described line : Commencing ot o point in the center of the South line of Lot 8; thence to o point on the West line of Lot 3, soid point meosured 220 feel North from the South line of Block 4, in Mound Home Pork. ond that port of Vocoted Grandview Ploce which lies eosterly of the easterly line of Block 4, Mount Home Pork. South of the eosterly extension of the northerly line of Lot 1, said Block 4, Mount Home Pork, ond northerly of the eosterly extension of the South line of Lot 8, said Block 4, Mount Home Pork. denotes iron marker Bearings shown ore bosed upon on ossumed dotum. This survey intends to show the boundorles of the obove described property, and the locotion of on existing house ond goroge thereon. It does not purport to show ony other improvements or encroochments. >;■ ■ Y. N 89‘39 ’ir E 64.76-L 2>o‘ \0 (sNoe.') \ T \ 4 L 0 VJLJIL IT 5 c. / N\\ \'^ V L TvOl\iXA A \N lo'-o W A\ L 0 \ CKfOilT HOK 7 L 0 i.T \8 4 cimw or IK MUiKKf 19< orSasPp&w \..■>s8Sir* ¥ *. / i '3 89*43’43" W 94.61 \ 3S18(*UI^' HIGHVIEW LAN / 1 It K LEGAL DESCRIPTION OF PRE> The Eost 1/2 of Lot 1 to ■ Block 4, Mount Home Pork, Thot porl of the Southerly ; of the West 1/2 of Lots 3, lying Norlheosterly of the fc line : Commencing ot o pi of the South line of Lot 8; point on the West line of Li meosured 220 feet North fr line of Block 4, in Mound H ond thot port of Vocoted Gi which lies easterly of the e< Block 4, Mount Home Pork, eosterly extension of the no Lot 1. said Block 4, Mount northerly of the eosterly ext South line of Lot 8. soid Bl Home Pork. denotes iron marker Beorings shown ore bosed upon on ossumed datum. This survey intends to show of the obove described prop location of on existing hous thereon. It does not purport other improvements or encn OCSMO IKWHON OMt ECO OCOKO MSC I \ 94.42 V 71 ‘v SS3SVVV 3)0* \0 *0 V fc^p MICK* I Koa 4.J MOMC W 94.61 lAHE £»C-T^AttC. :Cf(*oMT * N — JaCTtSsAtC C^C/V<2-^ LEGAL DESCRIPTION OF PREMISES : The East 1/2 of Lot 1 to 8 inclusive. Block 4, Mount Home Pork, and Thot port of the Southerly 220 feet of the of the West 1/2 of Lots 3. 4, 5. 6, 7, ond 8 tyinQ Norlheosterty of the following described line ; Commencing ot o point in the center of the South tine of Lot 8; thence to o point on the West line of Lot 3. soid point meosured 220 feet North from the South line of Block 4, in Mound Home Pork. ond that port of Vocoted Grandview Place which lies easterly of the eosterly line of Block 4, Mount Home Pork. South of the eosterly extension of the northerly line of Lot 1, soid Block 4. Mount Home Pork, ond northerly of the easterly extension of the South line of Lot 8. soid Block 4, Mount Home Pork. denotes iron marker Beorings shown ore based upon on assumed datum. This survey intends to show the boundories of the obove described property, ond the locotion of on existing house ond goroge thereon. It does not purport to show ony other improvements or encroochments. N 89*39‘ir E 64.76-k 4 ft^fot>fc.p > \ \ D ESoi • IKMC Ht ( 7 8 . ctRtoi or wii«N W or loi •.HOCK K» ii<*or mu A SSc 'mm : ) r is 09*43’43" W 94.61 ** MUIM IMC or KOCN 4. MOMNt IKK f«H GHVIEW LANE OCSMO XCwfiQil OATC OCSCKXfXM OMN CCD CNCCMCO MSG IN Sc GRONBERG, L-TIMC CNCINCCRS, LAND SURVEYORS. SITE P 2 TAMARACK AVENUE, LONG LAKE. MN. SSsis 612-473-4141 j MOUPr ctmrr r MKMIMO rMpKl WIMCO I N HHM I Ml A fX* *wcAiiON, OX xcpoxr *CT tUXCXKflQM AND •ONCCX AMO UNO *WA. r-2o* DATE 7-19-00 JOB NO. 00-297 .-Ml..* .• vV $60 ff/llll Ml »fUIL b r I I L n—i---------------1——1— 1 -J 1__ 1 -J ■■ ■ h" II ll 11 ll 1 “H II ll ll ll 1 ll 1 II ll .J II ll It ll II i| •II' Oic o Principal Dwelling Demolition Permit £ ZONING DISCLOSURE & DECLARATION To the property owner: Demolition of the principal dwelling stnfcture on a property may automatically terminate certain rights which may have accrued to the property by virtue of the continued existence of that building. ^Rebuilding on a substandard lot of record (i.e. a lot that does not meet the zoning district required lot area or width standards) will, >vith few exceptions, require variance approval by the City Council, and such approval is not automatic nor guaranteed but requires that a hardship be demonstrated. ^Additionally, all current zoning standards will have to be met by the new principal dwelling including setbacks, lot coverage by structures, hardcover (impervious surface), height limits, etc. >Where municipal sewer is not available, provision of two (2) sites for a conforming on-site sewage treatment system is mandatory. >*Unless specifically approved by the City, all accessory structures must be removed at the time of principal dwelling demolition. The following information is presented for the purposes of advising the property owner of the implications of removal of the principal dwelling on the property; I. PropertyAddress__/^d>/ PINS# Zt 2. Zoning District/^*- /R P^equired Lot Area /,Q a-c*Required Lot Width )H^O * Actual Lot WidthActual Lot Area Ae_ Actual Lot Width ^ AT3s'swb^ ^ot area variance is nojfequired. Lot width variant b I Is not required. Side 10'3. Required Setbacks: Front (Street) 3S * _________________Side Street Average Lakeshore Setback: mustbe met(^ notapplicabl^ 4. Lot Coverage by Structure^^'Timited t^S% of lot are^ 5. Hardcover limitations^re applicabj^ are not annlicahlg 75-250' zone - 25% allowed ______ 0-75* zone ■ 0% allowed f^cST£>FUir /i /4-> 250-500* zone « 30% allowed 500-1000* zone - 35% allowed 6- ^ Municipal sewer is available.___^Municipal sewer is not available; on-site system testing and design must be provided confirming that nvo conforming drainfield sites are available. The undersigned properw o\mer hereby acknowledges receipt of the above information.Staff Initiab peity Owner's Signatun^^D4te (Original: Street FUe; Copy: Property Owner) K.<I . .• -/ ? ^03 HARDCOVER CAI.CUI.A:aOil^NVORKSUEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A House 0-75 ’ X vaoiiN> (j.v2^ r Pa»? 2S0-S00'500-1000* Length Wii'Ui X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric G. Other TOTAL HARDCOVER IN ZONi; TOTAL PROPERTY AREA IN ZONE A ___________ - D X 100 PROPOSED HARDCOVER IN ZONK A- House Length W,j:h X X X \07 Z04- B. Garage ■'>^28 C. Driveway \ X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ - 13 X100 - S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • S.F. S.F. S.F. S.F. S.F. A S.F. B y» Z1(A- S.F. -«W5£ S.F.-SWP s!f! ^ Porch S.F. S.F. S.F. S.F. SF. SF. SF. S.F. S.F. S.F. S.F. ‘ I ■ j i 'H |;,U>C44‘1 5 •'/3-r. UARDCOVUR CAI.CULA I ION WORKS SETBACK ZONE: (CIRCLE ONE) 0-75* 75-250' EXISTING HARDCOVER IN ZONE A. House ____ X _____________ 500-1000' Length V. I Jth X X >. B. Garage C. Driveway X X D. Sidewalk s K E. Paiio/Deck X X a a F. Landscape Underlain By Plastic Or Fabric C. Other TOTAL HARDCOVER IN ZO^;ii TOTAl. PROPERTY AREA IN ZONE A B X 100 - PROPOSED HARDCOVER IN ZONE’ A. House X Length W;j:h X X X B. Garage^Cy//r /A/u* ? C. Driveway X X 8 1-^20 D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric 0. Other S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. iF. S.F.’ S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONi: TOTAL PROPERTY AREA IN ZON'E - t: g 4 .xlOO f^SS SFasjs-s?. /€.4t % A B ikiidii J He^Mpin County Taxpayer Services Department .r - %- r*»*’ *. -.'VvV G • V .•r^.oT- in- r-' ^ ,, ' V.'... e« •> ' ' J S ' Psrcel Information • * • • V. '. • .iv •• • * * * ^ • —* ,*••*•* Pare«l ID 0711723210013 Housa Numbar 1001 Otraat Nama WILDHUROT m This i$ not»l§gally ncofdtd map. llraprasanIsacompilattonofMonnatlon and tiata from City, County, and Stats toad aulhoritias and othar saunas. , .*■ i‘‘ ■".- :.•: V ..-■A- RUN DATE :4aV2Q03 3S 0711723210004 PROP ADDR 997 WILOHURST TR OWNERNAME CEDOEIIMAM ACDOEHM TAXPAYER CHARLES A MARY ANN DOEHM NAME/ADOR 997 WILOHURST TRAIL MOUND MN 55364 38 0711723210007 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME HARRIETJMOROART TAXPAYER HARRIET J MOROART NAME/ADDR 1003 WILDHURST TR MOUND MN 55364 38 0711723240045 PROP ADDR 1006 WILOHURST TR OWNERNAME FQJORGENSEN ARM ASHER TAXPAYER FOX)RGENSEN ARM ASHER NAME/ADDR 1006 WILOHURST TR MOUND MN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0711723210005 PROP ADDR 999 WILOHURSTTR OWNERNAME MWANCNIMERFROH TAXPAYER MARTIN W A NAN C NIMERFROH NAME/ADuR 999 WILOHURSTTR MOUND MN 55364 38 0711723210006 PROP ADDR 38 ADDRESS UNASSIGNED OWNERNAME HARRIET J MOROART TAXPAYER HARRIET J MOROART NAME/ADDR 1003 WILDHURST TR MOUND MN 55364 38 0711723210013 PROP ADDR 1001 WILDHURST TR OWNERNAME DAN-BAR HOMES LTD TAXPAYER DAN-BAR HOMES LTD NAME/ADDR 150 LAKE ST WEST WAYZATAMN 55391 38 0711723210016 PROP ADDR 1003 WILDHURST TR OWNERNAME HARRIET J MOROART TAXPAYER HARRIET i MOROART NAME/ADDR 1003 WILDHURST TR MOUND MN 55364 i I'31 07II7232< PROPADOR 1074 WILOHURSTTR OWNERNAME ILONA J PETERSON TAXPAYER KENNETH C PETERSON NAME/ADOR UI20 I3TH PL N PLYMOUTH MN 33447 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS OFTIE HEfMEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND BEUEF. , DATE by 7 4 ENT, TO THE BEST , ^7^ Mi 1-^.1-*. ■VfiT'! ft- PAGE: I J n ■i.": >*V spwa ■- *x>' ■'.■ ■.'1■ 'J' >“. ' 4 ••* V <^ •» ■ ;* .-r-. v„ -'.;-r;' '. r '. r.,. l»J ‘ *Vi\* B# • ffj.r'’•fl-4i« ,J*" ’ . »■ - - - -.Iv ^ ^ ^ r.;-.s«s?¥sfe|W BP: e®s£B I •C^ . . .•• •> MM ♦H'-- ^ ' ..-/. .'Vf'^/'s /’ v'/K'l •#f .i:r mr H m r,,^^Mia; •f .- —1.» ilif ■r !i^''-V r- ^'zi^s^i ^Wivm m^: w* ■ • •» ■ ' • •-<. .1 ■'■ n Kw ' J?>>i* «i* : ^ v^VW;TiJ r / - ‘Vii-vtr A * A-%Vr^-Ti er;-- ' ..•>A> /-. -r r' .. S. « "'*. - . ••a • rr- ''i.--'i'J • — v*^ -a r • -» --'- ./.C.-Jt-v - •••U', r‘ t .;* / ^ ' / / ’ Tt\ \ 1 f CITY OF ORONO 27S0 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE: #03-2892 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 21, 2003 TO: Daniel A. Bartus 150 Lake Street West Wayxata, MN 55391 COPIES: Todd Knutson Design 1128 Harmon Place #308 Minneapolis, MN 55403 TYPE OF APPLICATION: Variance - Lot Width DATE OF MEETING: May 19, 2003 Planning Commission recommended as follows: Approval of lot width variance subject to fq>plicant providing plans for final building permit iq>proval that meet all other City standards for new construction in the LR-IB zoning district The driveway shall be relocated fiom the adjoining property to meet at least the minimum S' side setback. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Councii - Tuesday, May 27, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Councii. If you have questions, please call Planning Director Mike Gaffion at 612-249-4600. F . Date Application Received: 4-1S-03 Date Application Considered as Complete: 5-144)3 60-Day Review Period Eipires: 7-14-03 To:Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Dale: Subject: Mike Gaffron, Planning Director May 14,2003 #03-2892 Dan-Bar Homes, 1001 Wildhurst Trail - Variance - Public Hearing Application Summary This is a request for a lot width variance for an existing lot of record. The existing home and detached garage were demolished in April 2003. The existing lot width at the 35* front setback line is 105', less than the 140' width required for the LR-IB District and not meeting the 80% standard for existing lots of record. This is not a lakeshore lot. Zoning District: Lot Area: Lot Width: LR-IB Single Family Lakeshore Residential, 1-acre minimum 37,380 s.f. ± (0.86 acres) 105' at front setback line Lbt of Exhibits A - Application B - Survey/Site Plan C - Neighborhood Topography M«q? with lot boundaries D - Building Plans E- Zoning Disclosure & Declaration F • Hardcover Calculations G - Plat Map H - Property Owners List Pertinent Code Section 10.24, Subd. 5. Area, Height, Lot Width and Yard Requirements. B. Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard Side Yard Adjacent to Another Lot Rear Yard Side Yard Adjacent to Street I acre 140 feet 35 feet 10 feet 30 feet 35 feet Background This record lot is the combination of portions of smaller bts and a portion of vacated alley within the plat of Mount Home Park just nor^ of Wildhurst Trail. A home and detached garage existed on this property until April of this year. The lot is 95' in width at the street lot line, 105' at the setback line, and 130' in width halfway to the back where it again narrows up. Sl M3-2S92 1001 WUdhvnt TraU May 14,2003 Page! The property was for sale over the winter and staff received many calls regarding the possibility of this property acquiring access to the lake via the lagoon that juts in from Forest Lake. However, the lagoon does not abut the property and the adjacent lot does not have sufficient shoreline to give up any frontage. The applicant has provided a site plan/survey indicating the proposed house location and the 250* lakeshore setback line for hardcover calculation purposes. The proposed house is located about 140' from the shoreline, and most of the site is within the 75-250' zone, with the driveway and southerly 50-100' of the lot in the 250-500' zone Hardcover in the 75-250' zone is proposed at 17%, and in the 250-500' zone is 1 6.8® o, hence hardcover is not an issue. Hardcover may actually decrease from that proposed if the detached garage and associated driveway are not const; acted; sidewalks and other amenities will have to be added to the final plans to allow hardcover confirmation before a building permit will be issued. All proposed setbacks are conforming, and average lakeshore setback is not an issue because this is not a lakeshore lot. Issues for Consideration 1. 2. 3. 4. The lot appears to be similar in size to other developed lots in the neighborhood. A single family residence previously existed on the property. The property is sewered. Lot coverage by structures is approximately 3100 s.f or 8.3%, well within the 15% limit. The site plan submittei! does not reflect that the existing detached garage has been removed, md shows driveways that staff believes do not reflect the final proposal. For the record it is noted that the removed detached garage would have to be located in a conforming location if actually proposed; and that the driveway encroachment into the neighboring property to the west must be eliminated as part of the construction process (must be at least 5' from lot line). 5.The applicant has not provided a grading and drainage plan; such a plan will be required for review and approval prior to building permit issuance. There are no apparent grading and drainage concerns with this property. Staff Recommendation Staff recommends approval of the lot width variance subject to applicant providing plans for final building permit approval that meet all other City standards for new construction in the LR-1 B zonine district. ® J L. A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) Application # ^3*^ Date Received"y- Amount Paid tag . PROPERTY INFORMATION Site Address iDfOf /aJ/1^ h U rSr(~ 7V<a. ( /____________ Property Identification Number (P.I.D.) / 3 Attach legal description to a^lic^ion if not included on required survey. Date Property. Acquired g?y /.S / I (do) (do notl also own thd adjacent, , , _ , .. icent parcels of land. Present use of property: X residential ___other (specify). Zoning District: ---------------.r-_______ .(month/year) APPLICANT ^ Name A Addrcs^ Kn ST -U/ Phone (home)9sl2.^ ____ Phone (work)/./3.« City: UAJ>*/TA TA Zip: OWNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:,Zip:. DESCRIPTION OF REQUEST Describe request in detail.__ f. I A Estimated Construction Cost S 7^ I A ^ h)e. uJ H(?TA£' (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area X Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) H.ARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusu^ property conditions preventing compliance with Zoning Code requirements: /^rCS>R.D Ln'f /hftrT* rMrC£i>J^ '7^yi\jinC ____________________ (attach additional sheets if necessary) n) r) r*‘ fVw .-A__C 1 REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form St?*" *®*’«*s “d plat map (you must ^rc«!.r 3i?591^ A-«03< Certificate of Survey (signed by a licensed surveyor) and include hardcove, production. ^equu-ed- In addition, provide one (1) copy 8'/," x 11" for and proposed elevations) if any changes in existing grade arc proposed. In addmon, provide one (1) copy 8/," x 11" for reproduction Sketches or plans of floor & elevation views (provide one (1) copy 8/2" x 11") List of the lepl names (include marital status) of all persons .ith an interest in the property This would include name(s) of applicant(s) if not Cc rent owner(s) Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application Plea^;® r<.m.r«K«r *i, ♦ mtoct .PpIMIon l> not romiik.. If iIk Z, .. ^ APPLICANT'S SIGNATURE me .pplicem hereby agrees to provide all mformalion required or requested bv the Zoninu Administrator, agreesJ^ay additional fees (suifr lime not covered by origtoal f« oaLlrt consultant expenses^liEbrnd in reviewjfihis application and certifiS that ^ supplied is tnie an# coneJ^ to thd^^ipBs^ij„owledge * * information Applicant's Signatul U OWNER’S SIGNA* Owner's Signati V tApplicant must\a3AlI submittals into thirty offices 25 davs before oii • a- Meeting. Planning Commission Meetings are held on the third Monday of^Mc^IIirnth"2£r, ,r.S:r;' mttr ."2srx'‘S"Jr““'^-‘ o o oJv"*r> .0 ;W Application Complete: 60 Day Deadline: 4/29/03 6/28/03 MAY 2 7 2003 CITY Or unuiMU REQUEST FOR COUNCIL ACTION Department Approval: Name: Jennifer Chaput Title: City Planner DATE: May 21,2003 ITEM NO. lO Agenda Section: Zoning Item Description:#03-2898 Julie & Mike Whittington 1981 Fagemess Point Road Variance Eihibits: A B Resolution Staff Report and exhibits of 5/19/03 Planning Commission meeting Application Summary: The applicant is requesting a variance to permit construction of a deck and stairs S’ in height onto the existing home, requiring 5,596 s.f. (41.56%) hardcover within the 75’ to 250* setback zone where 3,366 s.f. (25%) is permitted. Pertinent Code Sections: I. 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 5,596 s.f. (41.56%) hardcover within the 75’ to 250’ lakeshore setback zone where 3,366 s.f. (25%) is permitted). PLANNING COMMISSION: Planning Commission recommended by a 5 to 0 vote to: Approval of construction of a deck above the existing concrete patio, not exceeding the existing 5,510 s.f. (40.9%) hardcover in the 75’-2S0’ setback zone, and illustrating 86 s.f. of hardcover removals to the west of the road. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. T t A RESOLUTION GRANTING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTION 10J2, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (LK2) FILE NO. 03-2898 WHEREAS, Julie and Mike Whittington, husband and wife, (hereinafter "the applicants ) are the owners of the property located at 1981 Fagemess Point Road, within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4, Fagemess, and accretions thereto lying between the extension southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4, Hennepin County, Minnesota (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.22, Subdivi.sion 2; and Section 10.56, Subdivision 16 (LX2) to permit construction of a deck and stairs S’ in height onto the existing home, requiring 5,596 s.f. (41.56%) hardcover witliin the 75’ to 250’ setback zone where 3,366 s.f. (25%) is permitted, and WHEREAS, after due published notice and mailed noticv in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 19,2(X)3, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. 2. This application was reviewed as Zoning File #03-2898. The property is located in the LR-IC Zoning District, where 0.5 acres is the minimum required lot area. The property consists of approximately 0.68 acres. 3.The Orono Planning Commission reviewed this application on May 19, 2003 and recommended approval by a vote of 5 to 0. Page 1 of 5 J 5. 6. The Planning Commission made the following findings of fact: A. The lot area and lot width meet the zoning district requirements; B. The proposed deck increases structure on the property but does not exceed the maximum n^rmitted; C. The lot has two 0-75’ hardcover zones; D. No additional hardcover is proposed in the 0-75’ hardcover zones; E. The proposed deck minimally increases hardcover in the 75’-250’ hardcover zone by 86 s.f. Hardcover within this hardcover zone should not increase from what exists with this application; and F. The 40’ street right of way on the property is not included in the lot area or hardcover calculations. There is a small portion of the house and related hardcover existing within the right of way. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would Ire 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 fmdings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (L)(2) to permit construction of o deck and stairs 5’ in height onto the existing home, and to allow 5,510 s.f. (40.9%) hardcover within the 75’ to 250’ setback zone where only 3,366 s.f. (25%) is normally permitted. Approval is subject to the following conditions: Page 2 of 5 . 1 1 Ji 1. 2. 3. 4. Council approval is based on the site plan submitted by the applicants with an additional 86 s.f. of hardcover removds to the west of the roadway (within the 75* to 250* setback zone) and as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. Hardcover removals, as identified by the iqpplicant, shall be completed prior to the footing inspection for the deck. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council iqjproval, or these variances will expire on that date (May 27,2004). 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 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 City Council of the City or Orono, Minnesota at a regular meeting held on the 27th day of May, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of 5 • ^ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 27th 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 day of May, 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .2003,j)ersonalIy 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 credible witness ..a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of 5 ♦- ■ ’A’ STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of appeared before me. ,2003,personally who is personally known to me whose identity ! proved on the basis of whose identity I proved on the oath/afTirmation of credible witness ..a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their firee act and deed. Notary Public •JML' - • V,' Pages of5 I :‘^ r' ■■ •/‘"\:- ' . ;• ■ ; •=•m^mm.m:r Biiv^iiis ; :v.'■ ; ",: ■ ' % ■t>-v' •>/•■.*■'■ ‘ .V ifr. ;..■;;•;v^.. ••.. .. •: •• r:.- •.-.v .^■1 ,<•; • -» . ^ ♦ > ■i ■ •. .?» • .« 'EST HtNNLKIN UUUIN I T, MIININL^l TOUR uc y55*??5 T &o<yi^ OP. ttA«DC€)\/e^lv^a^?r ?e P^IVH>/gO VN <Vr\^ pcf^ .^DESCRIPTION Of PREMISES ; K rogerntsi. ond occrttions thereto lying between the extension ;sosterly to the shore of Loke Minnetonka of the Northeosterly >outh«esterty lines of sold Lot 4. fsnotes ironrarker *ngs shown ore bosed upon on ossiined do tun. survey intends to show the boundories of the obove described property, locotion of on existing house ond building, ond the locotion of oil >le **hordcover*' thereon. It does not purport to show ony other >v«nents or encroochments. I 1 I ^ ^ ^ ^ • r^r%e\r%J % T%trv#SP.9G me? cuiirv tux? nm wi. tPf HMMVH mv 90 tm Application Received: Application Complete: 60 Day Deadline: 4/23/03 4/29/03 6/28/03 TO:Chair Smith and Orono Planning Commission Membem Ron Moorse. City Administrator FROM: Jennifer Chaput, City Planner DATE:May 14,2003 SUBJECT:i!^03-2898 Julie & Mike Whittington 1981 Fagemess Point Road Variance — Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (0,5 acre) 0.68 acres (29,682 s.f.) Application Summary: The applicant is requesting a variance to permit construction of a deck and stairs 5’ in height onto the existing home, requiring 5,596 s.f. (41.56%) hardcover within the 75’ to 250’ setback zone where 3,366 s.f. (25%) is permitted._____________________________________________ Exhibits; A Analysis Woricsheet Applicaiion Survey Hardcover Calculations Deck Plans Resolution #1713 Plat Map Property Owner ’s List Permit Record Property Photos B C D E F G H I J Pertinent Code Sections: 1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(LX2): Hardcover within 75’ to250’: Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. (Request: To permit 5,596 s.f (41.56%) hardcover within the 75’ to 250’ lakeshore setback zone where 3,366 s.f (25%) is permitted). U03-2898 Julie A Mike Whittington 5/14/2003 Page I of 4 A Discussion: Non-structural to Structural Hardcover The applicant proposes to construct a deck over an existing concrete patio. It is the City ’s policy not to allow structural hardcover over non-structural hardcover without variance approval. It is possible that the concrete patio under which the deck is proposed was placed without building permit approval, increasing the amount of hardcover on the lot to exceed the maximum permitted. Hardcover: 0-75' setback zone This lot has lakeshore on either side of the property, resulting in two 0-75 ’ setback zones. There is no work proposed within these areas. Therefore, there is no change to the amount of hardcover within the 0-75 ’ setback zones. The western 0-75 ’ setback zone has 334 s.f. (4.33%) hardcover where none is permitted. To the east, the 0-75 ’ setback zone has 842 s.f. (9.9%) hardcover where none is permitted. The area of Fagemess Point Road, a 40' right of way, is excluded from the total lot area and hardcover calculations. Hardcover: 75' to 250 ' setback zone There is 13,465 s.f. of lot area within the 75 ’ to 250 ’ setback zone. Of this, 5,510 s.f. (40.9%) is existing hardcover. The proposed deck, although mostly over an existing concrete patio, increases hardcover within this setback zone to 5,596 s.f. (41.56%) where only 3,366 s.f. (25%) is permitted. Structural Coverage The proposed deck with railing will exceed six feet in height from the grade so it is, therefore, considered to be structure. There is 3,459 s.f. (11.65%) of existing structure on the lot. The proposed deck and stairs add 429 s.f to the existing house, increasing the lot coverage by structures to 3,888 s.f (13%) where 4,452 s.f (15%) is permitted. Although a portion of the house is located within the street right of way, it is still included in the total structural coverage calculation. However, the total right of way is not included in the lot area. History: In 1984, applications for an after the fact conditional use permit and variances (zoning file #854; resolution #1713) to construct stairs, retaining walls and planters within 75 ’ of the lake; and for excessive hardcover in the 0-75 ’ and 75 ’-250 ’ setback zones. The resolution permitted 250 s.f of hardcover in the westerly 0-75 ’; 5,500 s.f in the 75-250 ’; and 1,500 s.f in the easterly 0-75 ’ (not including roadway). The resolution also stated that, “...any future improvements to this property involving an increase in hardcover must be matched with the removal of existing hardcover". The applicants have stated that they have removed a signiflcant amount of hardcover over the last few years. The following table is a comparison of the 1984 hardcover numbers, what exists today M3-2898 Julie A Mike lyhittington 5/14/2003 Page 2 of 4 i' and what is proposec: Hardcover Zones Hardcover Approved (1984 application) Existing Hardcover Proposed Hardcover 0-75* (west)250 s.f.334 s.f.334 s.f 0-75 ’ (east)1,500 s.f.842 s.f.842 s.f. 75*-250*5,500 s.f.5,100 s.f.5,596 s.f 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 Considcnition: 1 . The lot area and lot width of the lot meet the zoning district requirements; 2. The proposed deck increases the amount of structure on the property but does not exceed the maximum permitted; 3. The lot has two 0-75* hardcover zones; 4. The proposed deck mininmlly increases hardcover in the 7S*-2S0* hardcover zone. However, the existing hardcover in this zone already exceeds the amount permitted; 5. Hardcover in the 7S ’-2S0* hardcover zone and easterly 0-75 ’ setback zone has decreased since the 1984 zoning application; however, hardcover in the western 0-75 ’ zone has minimally increased; 6. No additional hardcover is proposed in the 0-75* hardcover zones; 7. The 40* street right of way on the property is not included in lot area or hardcover calculations. There is a small portion of the house and related hardcover existing within the right of way; and 8. Other issues raised by the Planning Commission. Staff Recommendations: Staff can not support increasing hardcover in the 75*-250* hardcover zone by 86 s.f. when the existing hardcover already exceeds the 25% permitted. Staff can support construction of the deck above the existing concrete patio, not exceeding the existing 5,510 s.f. (40.9%) hardcover in the 75’-250* setback zone. m-2898 Julie A Mike Whittingfon 5/14/2003 Pages of4 a i J Aidii d iiiHI ‘ V J ANALYSIS WORKSHEET I W LR'IC Rcquircmcnto; Dimcnsioiis Required Existing Lot Area 21,780 s.f. t^O.S acres) 29,682 s.f. fO.68 acres) Ut Width 100 ’100 ’ Hardcover Calculations: > *i. *,- js.- ta... :5,, .‘t(. ■jV . ^ *f' k - ^ . . I ^ mi . V -«f / m-2898Julk d Mikt WhUtlHgUm 5/!5/2003 Pagt4<^4 ^•1* A Distance from Total area in Allowed Existing Proposed shoreline setback hardcover Hardcover Hardcover 0-75 ’ fwest) 7,717 s.f.none 334 s.f. (4.33%) 334 s.f. (4.33%) No Change 0-75 ’ feast) 8,500 s.f.none 842 s.f. (9.9%) 842 s.f. (9.9%) No Change 75 ’-250’13,465 s.f.3,366 s.f. (25%)5,510 s.f. (40.9%) 5,596 s.f. (41.56%) e> CITY OF ORONO - VARIANCE AFPLICATiON Initial Application Fee S250.00 (SSO.OO per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double ^plication fee) Application # 0 *5 Date Received 3 Amount Paid lOPERTY INFORMATION (D ‘ ^ I Site Address (^^1 Property Identification Number (P.I.D.) Attach legal description to application if not included on required survey. Date Pi^eily Acquired S/ZMXi_____________________________ I (do) also own the adjacent parcels of land. .(month/year) Present use of propei^: t^residential Zoning District: _______ other (specify). he. AKit^ ss.~ Pi-' APPLIC Name _ Address.~City: Phone (home) Phone (work)__ Zip: OWNER (if different than applicant) Name Sa/wO^_____ Address: Phone (home). Phone (work)_ City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ lOjQC^ " --------- - "-111; JftkLM ove.r a UtV/h /Kill a! ___________________ (attach additional sheets if necessary) / VARIANCES REQUIRED Lot Area Lot Width k Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _ cJi compliance with Zoning Code requirements: C/nt fdrCn / m t ** ^ ® C-.-r-,'' V. , -• J .. ... •*w- • &*/2- REQUIRED SUBMITTALS 1. 2. 3. 4. ^ Completed Application Forai Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations asrequired. In addition, provide one (1) copy 8'/i” x 11" for reproduction. a * n iw 5. 6. 7. 8. W W -w V -------- _A/n- Topographic survey (existing and proposed elevations) if any changes in existing grade ^ pjvosed. In .ddiUon. p™»id. one (I) copy tV," x 11" for ^rlliSoI. * — Sketches or plans of floor & elevation views (provide one (1) copy 8X2" x 11") you wish notified of this application. ^ Additional items as may be requested by City staff. The Applicanl end Property Owner must sign this application. Please remember that vour yprluitt WpllcatloB || pol complete If the above (nformarlnn has nol h».n |nrt.,H.»l APPLICANT'S SIGNATURE me applicant hereby agrees to provide all information required or requested by the Zonina Administrator, agrees to pay additional fees (staff time not covered by original fee paLent) mdZ consultwt expenses incurred in rev-w of this application, and certifies that the informAimn supplied IS hue and correct to the best of his/her knowledge. ' uifoiniation Applicant's Signature Date ^/zsy<fi OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable mimb!,s f W"“l«nts. agents. Commission members, and Councilmembers for purposes of investigation and verification of this request. council Owner’s Signature Applicant must have all submittals into the City offices 25 davs hefnrg. tK. di,« • ^ Meeting Planning Commission Meetings « S on'Se^tSw Applicants must be present at all scheduled review meetings of the Plannina rnm».i t ° CmrncU. If an applicant is unable to attend a sch«luleS mUtog ^l^’tke chZp^S^rmeSnt"' * Zo-in* Office of this *. • . • ♦>* r. •* mmJ • ■ • * * // ■ I i- ft. EST ARli MLNINtriN LUUIN I ! , MIININLbl nxM uc WnCAfIBI. DESCRIPTION or PREMISES K Fagerncsi. ond occrttions thereto lying between the extension leosterly to the shore of Loke Minnetonko of the Northeosterly Southwesterly lines of sold Lot 4. ienotes iron morker ihgs shown ore bosed upon on ossvmed dotum. survey intends to show th^ ooundories of the obove described property, locotion of on existing house ond building, ond the location of oil >ie '^hardcover** thereon. It does not purport to show ony other >v«rnents or encroochnwnts. I •*» I J ^ % V jM o o -ni t€mm cunwT imf wxsmrm^mn m>9 w tm I Juui£ SETBACK ZONEi (CIRCUONE) -----------------lABPgQVgtt IN ZQW. HARDCOVER CALCULATION WORKSHEET 4, fA6£a^ p^i»> 75.250*250400'500.1000' H oum • •# Uofth Witfth ^ ti* 1**; X X X wm.^m:•V X X A/ik//^C 4AfA - $93 $>/•: D. Sidewalk pid ju^r/^u. ;v^’* X E Patio^edc.•-«•• »'«w fc •• » X X • *v* ‘ >•< * .. t F. Laodacapc Underlain ByPlasUe ■ Or Fabric X X X V. . •^v.V '•a. 0. Other , •;.... • Ir.cTI/'t.o.-*- • •• . ■ . TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ + B Cccmnyifc Ati' _________ xlOO »rj... •• ■• • •*. • «Lfft|th Width A',•...V • «* * > {.-V Ouage C. Driveway v v ,aV.‘4v^ . O . -N. . o. ***’. •!» I'af * ■ D, Sidewalk • *•. .J ■ * 'A-SV<>y - JB. Pauo/Deck X X X X X X X *1 .'Ty* . • X X • > yf**. *»•J . •* *1. ^ *.• *. r.A::^r • • 4 •. F.' Landacape Underlain ByPUado Or Fabric X X X '•:.v .• V ;. •/.i .' • ,*•• If' . • X, •*0. Other • ava - •TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _______ ___ » B XlOO v< -\ S.F. S.F. S.F. S.F. S.F. ST.- ST. •«. S.F. ST. S.F. ST. ST. SI.-rocks A & ST. S.F. S.F. ST. ST. STv ST. S.F. S.F. S.F. S.F. ST. ST. S.F. ST. ST. H A B J Julie WiHliriHATOH J -S-Ol .”i - W ^rriNc HA^nrnvro ^ y,^,^2S0.S00' -. • J ' •* k» 'h\yi>‘^i'‘'-.\ A.-Home WlSjiy :• ■ ’V-r/-"-.\. .• • • *- X •> •• Un|Ui X ’x X Dnvfwiy ■ -V- Sldewilk X X X X X X X X X othtr (;v:»?.»fVV .. ~SV£'?K.*i ■• ^ ‘ •**.'vV*^*• •■*•• r- -••Uii* •*• ■'■ •/§.vv;^"* jV total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ‘PROPOSED HARDCOVER IN ZONE- A., Home _ _ _ _ _ _ • Uofih*'/•■ tST’ ••. • . y/iU;.,; . V ••• X X X yi; Vv-^# • <, ;• • , %$fe>r'C. Driviwiy • . . i *.T •/ .* •••' ** . «MMtSsiA^ X X X X • ••.‘-u •VV*^I r;.m- '■ F. l^|(Dee1 X X ‘T * fc ■ 'I* .* %/'• • Lendictpe Underiein ByPleetic OrFebrio 0. 0*er X X X •* -v-v*. ^:; >• :;r^.?- V! »»• • • :'' •'<>« 1* ; •’'•■ 41 ■•..r-/v •• TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A «• WiMi S00.1000* "31^7Sl^/ SF.pttnioei <r Wttte w li/”, 12 __SF. ^lAWK)'S3 7<30 1; Wi4lh 1ft 2S ilR 4l» .S^.-*|N10IM« Sf.OM,At.(K S.F.-vWOCk St*of S.F. -fspiS.F.-f»P/tiWAf S.F. Boui^eae^r* S.F.“W<M4,S S.F.-RIP RAP S.F. SJ. A B S.F. S.F. SI. S.F. S.F. S.P. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. T. A* mr I < M ZS.F. H A B ^ . vry^.‘J (\ Zk23-9^ 4^ oUckJo e.lea.r-'^fdl^ ^ 10 -fy^ .si^3u>i^ V hcoi&i CAx\ Igociui p^^Shr^CAj1tieyt\cuxaJ If] 04- r\(yh^ ^x </ukm /iK^^ Uslcxua^ ■' u\j<>i.ie> *U-,« dfKX}i 4'hx /’Ja/.'f jtLhTi is io {/.C-CA-Ca^^ ''^C*'yir^3l\^MA'^ Oaj ■ I ^^3 M ^0 •i'V'i- /» ’ ‘ ; * .» / U ^‘VJ '■•"Cy-M ^ ■• ? ,*f«i 3S:^iBCC3»S^^ 1 ■i. V's *.»1 • < • -a • ••T’ :i -*' iSw OFfiSIn . liH I'VT'Tt? Hv^/Vk «<»»f «iJH -•/rr :;-.^S5 »rr.''pr:7<r*F r’F»fr,x. [isv;v »•'' iMMiiflteBfcS^ »*•* • *0.1 f 'vS*“r;r,‘;’•■■' .'r''!A-'.- v>: .-h''•:s’.r V h;- ‘ 4iinM4 V * «.A*4£< v^• •5-ii*tr»*t. * A.i •• •. J'*?** .. ./ •;/% ‘ : I • ‘ :/. %• •. ♦ ' :v- -::v ;' ■•■• ;• •; ■, i # ••- .• •• 4 i’, ‘ ‘^' ■' ■ -■ •••«:• ‘-1^ ' •*.'>•-!» •.. .** • r-'i'^ *i • I >*•' j’"-:- ' , •: •■/ :t'r. ' £ :- r-v . 4<a»vT&*:t5»v|iUt; t »i<iW IllifeiP ■ J[ -\ ---i^v ., . >', *♦ • . ' t': ■.In*:'*? J i#1ili mISIM m lim is m 1^Slip's wM'iJi o- c~~ r^ !*» -^i 'V1 . ' -'• XJi ' ■■ <r\ : • * i-T. .:.** j..; *.* •r: .* .f - ‘••:r ■ *!’'».» Vf f--.. » • .r . ' .City of ORONO y OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ^713_ _ _ _ _ GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03 SUBDIVISION 19 AND APPROVING A VARIANCE TO ZONING CODE SECTION 10.S5 SUBDIVISION 8 AND SECTION 10.22 SUBDIVISION 2 FILE NO. 854 WHEREAS, G. Robert Johnsa.n (hereafter **tho applxcar.t^y i£ owner of the property located ot 1981 Eagerness Point Read within the City of Orono (hereafter "City*') and legally described os follows: Lot 4, Fagetness, and the accretions thereto lying between the extension Southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southeasterly lines of Lot 4, according to the recorded plat thereof. (Hereafter "property”) and. WHEREAS, the applicant has nade an after-the-fact application to the City to permit the construction of stairs, retaining walls, and planters within 75* of I.ake Minnetonka, and to permit the placement of hardcover in excess of the allowed hardcover in the 0-75 foot and 75-250 foot lakeshorc setbacic zones, requesting a Condit.-.onal Use Permit per .Municipal Zoning Cede Section 10.03 Subdivision 19 and varia/.ces to Section IC.55 Subdivision 8 and Section 10.22 Subdivision 2. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was rcvi«wed a>Zoning File No. 854. 2. The property is located in the LR-IC l.akeshorc Residential Zoning District. 3. The Orono Planning Cor.mi.ssion reviewed this application at their August 20, 1984 and October 22, 1984 m.actings, and recommended denial of a Conditional Use Permit based on the following findings: a) L'ork was done without the reguirod per.T.its. b) Hardcover on the property is cxc-csr.ivc and the inciea.'^es in hardcover would have required a variance. Page 1 •.1 • i^-/v•'..; J mA ■ . -V •mi. Ml F;:-- •i'V.■'i'' », I . • J • -w ; • j : *5* ; ,\ r 1 V ‘i. :• !<• .i . • •.' V M » Li City of ORONO OffY ySf ORONO RESOLUTION OF THE CITY COUNCIL NO. 1713_ _ _ _ _ GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03 SUBDIVISION 19 AND APPROVING A VARIANCE T( ZONING CODE SECTION 10.S5 SUBDIVISION 8 AND SECTION 10.22 SUBDIVISION 2 FILE NO. 854 VUIEREAS, G. Robert Johnson (hereafter ’*tho appl ica.-.t**y i£ owner of the property locotcd at 1981 Foqerncss Point Read within the City of Crono (hereafter '*City**) and legally described as follows: Lot 4, Faqomessr and the accretions thereto lying between the extension Southeasterly to the shore of Lake Minnetonka of the* Northeasterly and Southeasterly lines of Lot 4, according to the recorded plat thereof. (Hereafter "property”) and# WHEREAS, the applicant has nade an after-the-fact application to the City to permit the construction of stairs, retaining walls, and planter.s within 75* of Lake Minnetonka, and to permit the placcm.c:;t of hardcover in c.xccss of the allowed hardcover in the 0-75 foot and 75-250 foot lakeshorc setback zones, requesting a Condit;.onal Use Permit per Municipal Zoning Cede Section 10.03 Subdivision 19 and variu;:ces to Section 1C.55 Subdivision 6 and Section 10.22 Subdivision 2. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revii wed Zoning File No. 854. 2. The property is '.ocatod in thw LR-IC I.akeshorc Residential Zoning District. 3. The Orono Planning Cor.inission reviewed this application at their August 20, 19b*. and October 22, 1 984 mootings, and rccomncndcd denial of a Co.iditional Use Permit based on the following findings: a) Work was done without the ret;uirod permits. b) Hardcover on the property is cxtcs.sivc and the incicascs in hardcover would have required a variance. Page I g-l/t, my-f.' -iIS'A'.;..*- . 1 W •* * * ■ ^ t' ** esiismB ''jL'V V ■t'.,' ‘ 1 1^''' ■ ' fy :r. ■ ■ mm % /.. • •'••v^-*v' '■fc < • •' V • *.' iv »m-'t: . |^u."‘ -^s- 1^';^'; •' * (!'^ v '•, • ■ f, - .. ■ . 3 • ■, 1 W^'- ; ' ‘ iwr-i.-.- CITY • OF 5 ORONO' ♦.. t.< 7-.“'. . -2 j !5,'s- ■ I 35'V^ '' 'Jm-y Iis^y- ^ i#¥- li^M mm^ PP .Vj.'iii'.'■-■■ ■''< ■■ V 1 y' ■ '*w ;\-’.5, ,. sW • ' . • ■•'1. - . ^ . , ViJM - - 1 V.' -;i ik y-i,' ^=r— • >;' *'l I \ :* k* < r. *.• Iw . c. \ • OF ;. I [PRONOIhi: City of OROIVO RESOLUTION OF THE CITY CC UNCIL NO. 1713 &3>/^ £r r. rs??. ?; the variance would not advo-sclv gr*»nting of light, ail nor peso a f i;« ‘-“f'lc conditions neighboring propertv* woclr* or other danger to convenience to thVowneV ut^e =^«^ve . - V, trio city. ^ .----ly :.truccur detrimental to the health, public, nor v.‘ill end the level o iionco -Joping Code a.-.d Co.-r.prchonsive f health, sa'^t-*-./ X. , ”°“ic not be it depreciate'4r'OL'ndf-*^ '■olfaro of thef use o' ... property values CO.SCI.USIOHS, ORDER, A.SD CONDITIOHS Ora°;\?l crdiu"onaru=o%";V':?rn^^ sShH^- vision 19 and erantin? vari ,7.‘ •'luctior. ^ i’Oetic.-i 10.22^«;, v.cji ix-'ction 10.55 ••'’ "he construc-^^r o' ‘ Robertretair.ing walls within 75 feet of LiVe end 3% harocover (25C square feet) in *h^ n approve fssnn side) whore Ot is allowed to i-^ lakcshorc setback (5500 square feet) in t.hc 75-v^n’ I • t .«> 37» hardcover oniy 2!.» is allowed, and apn-ov' laV's'' V®*’"' Setback Zone where in the 0-75* Lakoshoee Ictba^k -o-i^ feeU allcwoc, subject to the following co.-.J• tiens^ "hero 01 is 1- 7% 1 1 p i a .01 i c-co VC rod ror-v n...!.. . 4* • cenut ructic.n f* mm V V •V r- •-y rl' ’ >: ■; i fe:^: ^AV-»•■•,■ .-. 5®-?. ^ mti.Inrj •. wm m nm .vCn ' ? ‘ 3 . V‘ : .‘Tr. .•rvfi *4^- ' - T.y . V ’ . i4t!^>V>'N-';;;r;-: (T''j ' .. I' /. *.- *»/'V ■ d .•5’i•fKQ^T x«'- >i » » -f-y ♦■,.•>, ^ v> Xfffe^St: b ■ ■UlrrA' •, CITY I'. Of I OBONO rwiur>i4!j riF^c*j ■ r'W-;, J- •' -'*y. -/v it y^ "* • ‘ • ■' 'iT:^ ' * r *, ' i' -S' . t *^’ ' j'^ , • >• "'tb f V.* • .'^VsV .. 1 • ' .' '•, V(^ b'- •,' ■ ■ • ^t'->' •■1%-t 5^* • i.' ■■•' 1 '■ ■'■■ •-'-;• :i ^...-OfV-f-' *• V v;- ■ . ' •«' - • -• V - * •• N . - \ ■'*■' - , ■' .V ifj-r > ;fe . . " vb'Ji.'t' :.G ’-." .t 'S:' •1 •<.-& -.Ys-O ^ f r /X rv^-,' tnc3 The undcrsiqncci shall indonr.ify and hold hartnlncs Jitv the City Cooncil. and the agents and cnploycos o. .he citV "U c*°y Ci?' Obligations in consequence of his pvr-or. .a..ce fol loving ir>prove.T.ents; construction of stairway and tixbcr retaining vail structures encroaching on or located within the right- of-r»*3y of Fagerress Point KoacK building code. • i<; nlacct! on notice that this property UotiS'c'"shvo or ;4roV JSrf ic-'totl =J“n/r-;i.o in UxTolvor »sr Oo .orCca Sith the removal of existing hardcover. (Dcccinbcr 10* 1965). 7. Violation of or »cnconplia.nco vithj^^ .“option conditions of ica 1 ly teininatc .my oi the toning ’Yf' Yrsha 1 bo {.unishablc as aauthority granted herein, ant. -nan i iri sdcinconor • Tho onaoroi,nca o»,,cv non no.!. ^ agrees to the tem^ o* •i*'•*ici*'**, h-'roby agrees to 'r?i;bVi^.r«^'Vnfr."So1oU^^ rn";;!r:,.'oin oV or the propcity. ?»igo •# % : . ^V,'‘nV ' '’r' ' ,'i 'i •; ' ■ _ '.Ti J- . »r. J : V,. . V r. » •' , V V V • * ^ ■ ' • - ' o^ ' i'' ^ r * ‘ - ^■1 ■ :V 'h ■ "k tT m- m :W:r ;V- . *pv- }p0r'?K-.- - ■■■ •iVT‘ v r.4)'- ■ I .A C^, M*. - ' »i Wm- % ■ * JciWE.WK r Ki : >j .-i r >. mmmim........ City of resolution 0 NO. _ Adopted by the Orono City Co December, 1984. attest: ' .-II .'V* ri tV Cl ,0j cTcciT :*.ary C '\C (1) Property Own^r Page 5 I; iri /#» -*v. r : V « • *■»r\. >' i,. >; city of ORONO CITY ; OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1713 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 28ch dny of DcconScr 1984 before nc a Notary Public within and for said county, personally appeared C. Rcberc Johnson nnd c.irol A. John«;on known to rno to be the person(s) described in and who executed the foregoing instrument, and acknowledged that ho (they) executed the same as his (their) free act and deed. A A / ■ 'I r » / ( y Ai t '\rj_____ _ _________ NO • • I ^x/xji I ^ju.u^x i? V • : . V*:.-..;.-: $ • Vi j.. V:• V \ • • .• . Viw 4 .. .. ^ •V.** * • • . • >n:t\rrr^i •» »-t S, »*.'.? ,»i ::v co.x.sissioN f .xpihes STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of 1984, before me a Notary Public within and for said County, por..onally appeared ________________________________ known to .me to bo the pcrr<rrr(*s7 ”oscribcd *in ar.c!“hc”:<ccirtcd the foregoing instrument, and acknowledged that he (they) executed the sa.mc as his (their) free act and deed. .NOTARY PUBLIC MY COM.HISSICN EXPIRES P. jc 6 ? ! Hennepin County Taxpayer Services Department « -S; •• T? \ ‘>'r ■ / f * “7- * r mJ • ^ . . „.p. -------------------y.i.— '■ .1 I., c • f V. • V* ' . ^ 0 V;.,.Parcel Information Fareel 101t11723140009 Moiim Number 1M1 •treel Name PAOimilM POINT no TNslsnotal$gaMyf9cordeam$p.ltrv)ns»nls»eoinpllationorMomMton and dal» Irom City, County, and Stala mad authoriUaa and otharaourcaa. \L .... ---------- f I RUN DATE :4/l7/2(»3 31 Ul 1723140003 PROP ADDR I9S7 EAGERNESS POINT RO OWNERNAME MRMUXERAJLMILLER Taxpayer michael r miller a NAME/ADDR JUDITH L MILLER 1917 FAGERNESS POINT RO WAYZATAMN 55391 31 111 1723140006 PROP ADDR 1975 FAGERNESS POINT RO OWNERNAME X)HNKPURDYETAL TAXPAYER X)IINK PURDY NAME/ADDR 1975 FAGERNESS FT RD WAYZATAMN 55321 / HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PACE* I 3t 1811723140004 PROP ADDR 1985 FAGERNESS POINT RD OWNERNAME AIOPHEIM A VIVOPIIEIM TAXPAYER ALAN IOPHEJA1 NAME/ADDR 1985 FAGERNESS POINT RD WAYZATAMN 55391 38 1811723140005 PROP ADDR 1981 FAGERNESS POINT RO OWNERNAME MTWHIITINGTONAJAGROENKE TAXPAYER MICHAEL TWHimNCTON NAME/ADDR JUUE A OROENKE 1981 FAGERNESS POINT RD WAYZATAMN 55391 38 1811723140007 PROP ADDR 1971 FAGERNESS POINT RD OWNERNAME W L DELAY A LA DELAY TAXPAYER WILLIAM LA LORI A DELAY NAME/ADDR 1971 FAGERNESS POINT RD WAYZATAMN 55391 I CERTIFY THATTHE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENI ATIONOF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNT. TAXPAYER SERVICES DEPARTMENT. TO THE BEST OF MY KNOWLEDGE AND BEUEF. DATE 7-/7-«S by mt I y %: m I (*. /VS/ fi X. PERMIT RECORD Pernit No. ^<lo Date Type of Perni^ PU^ PAC>1>n-i~LA 3 3/-n -u 9 M M • ^'S>^~'7</olmtIi 3-531 <^'>-•7-7 /7jUOeu/\, oCo/»«n ^ ^ . la^S-i^~8l &i8m pj$^>r9>uL%i%^ HeS^. 8 -.=/ -8! lt-10'8 i Q Li UkJjU/\^ ^^)^JLeM4uiJL/AJ jfT53 •»» _i39.-?^I^ _—70 7-9/_______KJL/riLfmA A U>I)SG>silclaA /^iflcli/Kt /3to93 // 9L/9 vJ / y i/" r>7 ?g V- k- cO PopWO —,£--------------------------^^ XC.V'^3 C 1 Po:iS%'^^'QCD iro^T, r c>\ 7oa 7 7 —---------------------------------------------^ y . 9^^- CO /^cp3/6^ —i^^vsy—^------ foSo ‘/7 If 3 9- 9 3 <X ji>^ ■. . . . .' - . 0 ^ n V. ,'v .^sV* J' .'i , : i’, »>.' tr 1: i "v4S#FA\ V f' C).'. - . '• >' P-^'’ ■ /g! ^TV ga ,.iy-. fr k *I'j j r j ••1 »*.. .Mi.._____.jft ML m £4:111 ¥iIfeSlSy V- r. ^ • i. :'*C -V . 2^-11 ~'T*:ir^ri ■ il!^l WPfewl^^:^ia5r>gi| >i i * ! V ’SsM-.y-*-4 >V .L.ij.>^; :• ik i ^ ^ r.’4 I t-n “» I M ■ J *” » /* I r IfiM flf^^tflklfkftl 1 REQUEST FOR COUNCIL ACTION MAY ^ 7 2003 ClIYOhOHONO Date: May 22,2003 Item No.I Department Approval:Administrator Approval: Name: Michael P. GafTron Title: Planning Director Agenda Section: Zoning Item Description: #03-2903 - Proposed Amendment to Sections 10.25, 10.27 and 1028 re: Personal Wireless Service Towers and Antennas - Ordinance Review and Adoption List of Exhibits A • Ordinance in Adoption Format B - Planning Commission Memo and Exhibits of 8/16/01 Background The City Council has identified a need to provide additional potential locations for personal wireless service antennas in the City aside from the two municipal water towers. The attached ordinance amendment would allow such antennas on existing or future City emergency warning siren towers as a conditional use within the LR-IC, RR-1A and RR-IB zoning districts (these are the three districts in which the current 4 existing siren towers are located; a potential future siren tower at the Orono golf course would also be in the RR-IB district). Note that the City has been under a moratorium on issuance of permits for siting of wireless telecommunication facilities and structures in all zoning districts since November 13,2001 and the moratorium is scheduled to expire June 10,2003. Planning Commission Recommendation The Planning Commission held a public hearing on this matter on May 19,2003 and on a vote of 6-0 recommended approval of the ordinance subject to two specific additional provisions: 1.In item 4(j) for each of the three zoning districts, add language that gives Council the discretion to determine whether a support equipment cabinet on the ground at the base of the pole is of the “minimum necessary size”. 2.Add language to items 4(j) that requires appropriate vegetative or other screening of such cabinets. Such language has been added per the Planning Commission recommendatioo, \ J #03-2903 Personal Wireless Service Antennas May 22,2003 Page 2 Sununary of Amendment The ordinance amendment as drafted does the following: Section 1 revises existing LR-IC and RR-IB language to allow personal wireless service antennas only upon the municipal water towers and not upon other municipal structures. Section 2 adds ‘Personal Wireless Service Antennas ’ to the list of conditional uses in the LR-IC, RR-1 A, and RR-IB districts, and establishes conditions and performance standards under which such a CUP would be granted. Note that the LR-lC-1 District (in which there are no existing siren towers) also would be allowed such use by reference to the LR-IC conditional use standards; and the RR-lB-1 District (which no property is currently zoned) also would be allowed such use by reference to the RR-1B conditional use standards. Section 3 merely establishes the effective date of the ordinance amendment. Staff RccommendatioB Please review the memo and exhibits of May 14. Staff recommends adoption.of the ordinance as revised by the Planning Commission. The attached Ordinance (Exhibit A) includes those revisions. COUNCIL ACTION REQUESTED Adopt the attached ordinance entitled "Ordinance No., 2nd Series - An Ordinance Amending Orono Zoning Code Sections 10.25, 10.27 And 10.28 Pertaining to Regulations for Construction and Placement of Personal Wireless Service Antennas and Towers ”. ORDINANCE NO., 2ND SERIES AN ORDINANCE AMENDING ORONO ZONING CODE SECTIONS 10.25,10.27 AND 10.28 PERTAINING TO REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF PERSONAL WIRELESS SERVICE ANTENNAS AND TOWERS The City Council of the City of Orono, Minnesota does hereby ordain: Section 1. Orono Municipal Zoning Code Sections 10.25 (LR-IC District), Subdivision 3(BK2) and 10.28 (RR-IB District), Subdivision 2(BK2) are each hereby amended as follows: "B. Personal Wireless Service Antennas and Towers. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure water tower may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City- owned property for wireless telecommunication antennas and provided they meet the following conditions: [Conditions a) through i) remain unchanged]' Section 2. Orono Municipal 2^ning Code Sections 10.25 (LR-lCDistrict), 10.27 (RR-1A District) and 10.28 (RR-IB District) are hereby amended by adding Sections 10.25, Subdivision 4(B); 10.27, Subdivision 3(C); and 10.28 Subdivision 3(E), each to read as follows: “Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria: 1.Such antennas must be in compliance with the City policy regarding the use of City-owned property for wireless telecommunication antennas; 2.Such antennas must meet the conditions listed for personal wireless service antennas as a permitted use in the LR-IC Zoning District. 3. Such antennas may be located in the following locations: a) Collocated on an existing City emergency warning siren tower. Co-located on a replacement City emergeiKy warning siren tower, with a height not to exceed 75 feet. Page 1 of7 Co-located on a new City emergency warning siren tower, at a location that meets the City ’s emergency warning needs, with a height not to exceed 75 feet. 4. Such antennas shall meet the folloi/ing performance standards: a) 8) The antennas must be located on the existing emergency warning sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna(s) is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allowed to install a replacement tower that will accommodate both the emergency warning siren and the teleconununications antenna(s). The existing emergency siren towers can be replaced with towers with a maximum hei^t of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications anterma(s). The City may also require the tower to have the capability of acconunodating one additional carrier’s antenna(s). A new emergency warning siren tower location, selected by the City to meet its emergency warning needs, could also be used as a telecommunications antenna site throu^ co-location of the warning siren and antenna. The standards set out in a) above also apply to a siren tower in a new location. The height of a tower can be no higher than the minimum height required to address a gap in coverage The setback of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided. A carrier must demonstrate throu^ an engineering analysis that there is a gap in coverage. At the City's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co-location. The carrier must provide computer-generated photos showing the viewsfas selected by the City) with and without the tower. All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by ^ carrier. Page 2 of 7 J i)The carrier is required to provide coverage nuqis to demonstrate the specific gq> in coverage and need for an ^ditional tower and antenna(s), and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carrier's antenna needs. The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size, as determined by the City Council. Appropriate vegetative screening of ground cabinets shall be provided by the carrier, subject to approval by the City Council. The Council at its discretion may allow the use of non-vegetative screening methods such as beiming, fencing, etc. '‘Stealth" -type antennas (cylindrical) vs. an array of panels, is required if the technology is available. Only monopole towers are allowed.' Section 3. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker new^apers and become effective immediately upon publication. a vote of Adopted by the City Council of Orono, Minnesota on this 27th day of May, 2003 by ayes and___nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 7 4 To: From: Date: Subject: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Mike Gaffion, Planning Director May 14,2003 ' #03-2903 - Proposed Amendment to Sections 10.25,10.27 and 1028 regarding Personal Wireless Service Towers and Antennas LIstofEihlblts A - Proposed Ordinance B - Existing Emergency Warning Siren Tower Locations C - Existing Pertinent Code Sections The City Council has identified a need to provide additional potential locations for personal wireless service antennas in the City aside from the two municipal water towers. The attached ordinance amendment would allow such antennas on existing or future City emergency warning siren towers as a conditional use within the LR-IC, RR-IA and RR-IB zoning districts (these arc the three districts in which the current 4 existing siren towers are located; a potential future siren tower at the Orono golf course would also be in the RR-IB district). The ordinance amendment as drafted does the following: Section 1 revises existing LR-IC language to allow personal wireless service an tennas only upon the municipal water tower and not upon other municipal structures. Section 2 adds ’Personal Wireless Service Antennas ’ to the list of conditional uses in the LR-IC district, and establishes conditions and performance standards under which such a CUP would be granted. [Note that the LR-lC-1 District also would be allowed such use by reference to the LR-IC conditional use standards. There are no existing siren towers in the LR-lC-1 District.] Section 3 revises existing RR-IB language to allow personal wireless service anteiuias only upon the municipal water tower and not upon other municipal structures. Section 4 adds ‘Personal Wireless Service Antennas ’ to the list of conditional uses in the RR-IB district, and establishes conditions and performance standards under which such a CUP would be granted. (Note that the RR-lB-1 District (which no property is currently zoned) also would be allowed such use by reference to the RR-IB conditional use standards.] Section 5 adds ‘Personal Wireless Service Antennas ’ to the list of conditional uses in the RR-IA district, and establishes conditions and performance standards under which such a CUP would be granted. ! Ttkcommanlcatfou Towers aad AotenoM May 14,2003 Pa|c2 Section 6 merely establishes the effective date of the ordinance amendment. Staff Recommendation Staff recommends adoption of the attached ordinance, subject to any revisions the Planning Commission finds appropriate. Note that the City has been under a moratorium on issuance of permits for siting of wireless telecommunication facilities and structures in all zoning districts since November 13,2001 and the moratorium is scheduled to expire June 10,2003. Options for Action Accept any public comments at the public hearing, then: 1. 2. 3. 4. Recommend adoption of ordinance as presented; or Recommend adoption with changes; or Table; or Other. . JA’’ '■ * ORDINANCE NO.. 2ND SERIES AN ORDINANCE AMENDING ORONO ZONING CODE SECTIONS 10.25,10.27 AND 10.28 PERTAINING TO REGULATIONS FOR CONSTRUCTION AND PLACEMENT OF PERSONAL WIRELESS SERVICE ANTENNAS AND TOWERS The City Council of the City of Orono, Minnesota does hereby ordain! Sectioo 1. Orono Municipal Zoning Code Section 10.25 (LR-IC District), Subdivision 3 is hereby amended by amending Subdivision 3(BX2) as follows: **B. Personal Wireless Service Antennas and Towers. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure water tower may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City- owned property for wireless telecommunication antennas and provided they meet the following conditions: [Conditions a) through i) remain unchanged]’* Section 2. Orono Municipal Zoning Code Section 10.25 (LR- 1C District), Subdivision 4 is hereby amended by adding Subdivision 4(B) to read as follows: “B. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria: 1. Such antennas must be in compliance with the City policy regarding the use of City-owned property for wireless telecommunication antennas; 2. Such antennas must meet the conditions listed for personal wireless service antennas as a permitted use in the LR-IC Zoning District. 3. Such antennas may be located in the following locations: a) Co-located on an existing City emergency warning siren tower. b) Co-located on a replacement City emergency warning siren tower, with a height not to exceed 75 feet Page 1 of 7 r c) Co-located on a new City emergency warning siren tower, at a location that meets the City's emergency warning needs, with a height not io exceed 75 feet. 4. Such antennas shall meet the following performance standards: a) 8) The antennas must be located on the existing emergency warning sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna(s) is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allowed to install a replacement tower that will accommodate both the emergency warning siren and the telecommunications antenna(s). The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunicationsantennafs). The City may also require the tower to have the capability of accommodating one additional carrier’s antennafs). A new emergency warning siren tower location, selected by the City to meet its emergency warning needs, could also be used as a telecommunications antenna site through co-location of the warning siren and antenna. The standards set out in a) above also ^ply to a siren tower in a new location. The height of a tower can be no hi^er than the minimum height required to address a gap in coverage The setba^V of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided. . V carrier must demonstrate through an engineering analysis that there is a gap in coverage. At the City's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co-location. The carrier must provide computer-generated photos showing the views(as selected by the City) with and without the tower. All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier. Page 2 of 7 1 H i)The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna(s), and to demonstrate there are no existing tower options within a radius of two miles that could accommodate the carriet' s antenna needs. j)The size of the cabinets on the ground needed to house the support equipment for the antennas is limited to the minimum necessary size. “Stealth" -type antennas (cylindrical) vs. an array of panels, is required if the technology is available. Only monopole towers are allowed.' Sectton 3. Orono Municipal Zoning Code Section 10.28 (RR-1 B District), Subdivision 2(B)(2) is hereby amended by amending Subdivision 2(BX2) as follows: "B. Personal Wireless Service Antennas and Towers. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure water tower may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City- owned property for wireless telecommunication antennas and provided they meet the following conditions: [Conditions a) through i) remain unchanged]' Section 4. Orono Municipal Zoning Code Section 10.28 (RR-IB Zoning District), Subdivision 3 is hereby amended by adding Subdivision 3(f.) to read as follows: “E. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use i f they meet the following criteria: 1.Such antennas must be in compliance vrith the City policy regarding the use of City-owned property for w i'eless telecommunication antennas; 2.Such antennas must meet the same conditions listed for personal wireless service antennas as permitted uses. 3. Such antennas may be located in the following locations: a) Co-located on an existing City emergency warning sirai tower. Page 3 of? i All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier. !)The carrier is required to provide coverage nuq)s to demonstrate the specific gap in coverage and need for an additional tower and antenna(s), and to demonstrate there are no existing tower options within a radius of tv/o miles that could accommodate the carrier's antenna needs. j)The size of the cabinets on the ground needed to house the suppoi equipment for the antennas is limited to the minimum necessary size. “Stealth" -type antermas (cylindrical) vs. an array of panels, is required if the technology is available. Only monopole towers are allowed.' Section 5. Orono Municipal Zoning Code Section 10.27 (RR-IA Zoning District), Subdivision 3 is hereby amended by adding Subdivision 3(C) to read as follows: “C. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure other than a water tower may be allowed as a conditional use if they meet the following criteria: 1.Such aniennas must be in compliance with the City policy regarding the use of City-owned property for wireless telecommunication antennas; 2.Such antennas must meet the same conditions listed for personal wireless service antennas as permitted uses. 3. Such antennas may be located in the following locations: a) Co-located on an existing City emergency warning siren tower. Co-located on a replacement City emergency warning siren tower, with a height not to exceed 75 feet. Co-located on a new City emergency warning siren tower, at a location that meets the City’s emergency warning needs, with a height not to exceed 75 feet. 4. Such antennas shall meet the following performance standards: a) The antennas must be located on the existing emergency warning Page 5 of 7 ► g) i) sirens poles, unless the height of the existing pole, or the capacity of the existing pole to support both the siren and the antenna(s) is inadequate to minimally meet the needs of the carrier. In this case, the carrier may be allow^ to install a replacement tower that will accommodate both the emergency warning siren and the telecommunications anteiuia(s) The existing emergency siren towers can be replaced with towers with a maximum height of 75 feet, with the condition that the tower accommodates both the emergency warning siren and the telecommunications antenna(s). The City may also require the tower to have the capability of accommodating one additional carrier ’s antenna(s). A new emergency warning siren tower location, selected by the City to meet its emergency warning needs, could also be used as a telecommunications antemia site through co-location of the warning siren and antenna. The standards set out in a) above also apply to a siren tower in a new location. The height of a tower can be no higher than the minimum height required to address a gap in coverage The setback of a tower from a property line must, at minimum, be equal to the height of the tower, except where an existing emergency warning siren is located on a site that does not enable this setback to be provided. A carrier must demonstrate through an engineering analysis that there is a gap in coverage. At the City's discretion, a tower must be designed to structurally enable co-location by another carrier, and the carrier must agree to allow co-location. The carrier must provide computer-generated photos showing the views(as selected by the City) with and without the tower. All consultant analysis and legal analysis related to the towers and the lease of the towers shall be paid by the carrier. The carrier is required to provide coverage maps to demonstrate the specific gap in coverage and need for an additional tower and antenna(s), and to demonstrate there are no existing tower options within a radius of tvro miles that could accommodate the carrier's antenna needs. Page 6 of 7 . JHi.1 j)The size of the cabinets on the ground needed to house the siqtport equipment for the antennas is limited to the minimum necessary size. “Stealth* -type antennas (cylindrical) vs. an array of panels, is required if the technology is available. Only monopole towers are allowed. ScctioB 6. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker new^Mpers and become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 2003 by a vote of___ayes and___nays. day of ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 7 of2 '1 i f: Emergency Sirens Locations and Coverages City of Orono if Emergency Sireni Municipal Siren Codee Roads EZD Emergency Siren Buffers I__I Municipal Boundaries □J Lakes c— 20-Long Lake 25 - Madina 28 - Minnetonka Beach 30-Mound 32-Orono 44- Wayzata c § 10.25 SEC. 10.25. LR-IC OIW FAMILY LAKESHORE RESIDENTIAL DISTRICT Subd. 1. Puipose. The "LR-IC" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 3. Permitted Uses. Within the "LR-IC" One Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-1 A" District. B. Personal Wireless Service Antennas and Towers. 1. Purpose and Intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless conununication systems within the City of Orono while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. 2. Personal Wireless Service Antermas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City-owned property for wireless telecommunication antennas and provided they meet the following conditions: a. The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. b. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. c. No advertising message shall be afOxed to the antenna. d. Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. ORONO CC 286 (4-1-84) § 10.25 e. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. f. Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened firom view by landscaping. g. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. h. Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. i. The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Source: Ordinance 183,2nd Series Adopted: 2-22-99 Subd. 4. Conditional Uses. Within any "LR-1 C" One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-IA" District except that a Planned Residential Development shall not be limited to detached single family dwellings only. Subd. 5. Accessory Uses. Within any "LR-IC" One Family Lakeshore Residential District, the following uses shall be permitted* accessory uses: A. Any accessory use as regulated in the "R-l A” District any *private docks* subject to the City Code and other applicable regulations, including boat storage density regulations. Subd. 6. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1 12 stories or thirty feet in height except as provided in Section 10.75. ORONO CC 286-1 (4.1-84) § 10.27 NE FAMILY RURAL RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "RR-1 A" One Family Rural Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Subd. 2. Permitted Uses. Within any "RR> 1 A” One Family Rural Residential District, no land or structures shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R*l A" District. Subd. 3. Conditional Uses. Within any "RR-IA” One Family Rural Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Uses. Any conditional use as regulated in the "R-l A" District except for "Duplex Credit" and "Animals". B. Farms (Stock). Provided that the area is ten or more acres. Subd. 4. Accessory Uses. Within any "RR>1 A" One Family Rural Residential District, the following uses shall be a permitted accessory use: A. Any accessory use as regulated in the "R-l A" District (utd "Animals" as regulated in Section 10.20, Subdivision 3, Subparagraphs M and N. Source: Ordinance 26,2nd Series Adopted: 7-14-86 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Adjacent to Rear Atm Widlh Yard Yard Street Yard 5 acres 300 feet 100 feet SO feet 100 feet 100 feet ORONO CC 288 (4-1-84) A § 10.28 SEC. 10.28. RR-IB ONE FAMILY RURAL RESIDENTIAL DISTRICT. [TPurpose. The "RR-1 B" One Family Rural Residential District is intended to provide a district which will allow a combination of tow density residential development and limited agricultural activity. Subd. 2. Permitted Uses. Within any "RR-1B" One Family Rural Residential District, no land or structures shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-1 A" District. B. Personal Wireless Service Antennas and Towers. 1. Purpose and Intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City’s aesthetic resources and the public welfare. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City-owned property for wireless telecommunication antennas and provided they meet the following conditions; a. The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. b. Structiual design, mounting and installation of the antenna shall be in compliance with manufacturers specifications and shall be verified and iqiproved by a registered professional engineer. c. No advertising mesage shall be affixed to the antenna. d. Antennas shall not be artificiatly illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. e. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. f. Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be sci'eened from view by landscaping. ORONO CC 289 (4-1-84) § 10.28 g. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the communication provider. h. Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. i. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and c^Mcity to the area. Source: Ordinance 161,2nd Series Effective Date: 5-27-97 Subd. 3. Conditional Uses. Within any ’’RR-IB” One Family Rural Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Uses. Any conditional use as regulated in the **R-1 A** District except for "Duplex Credit ” and "Animals". B. Farms (Stock). Provided that the area is ten or more acres. C. Hospitals, Etc. Hospitals for human care, sanitariums, rest homes, nursing homes, provided that all buildings are located 100 feet or more from the lot line of any abutting lot in an ”R" District. The site shall contain not less than 600 square feet of lot area for each person to be accommodated. Source: Ordinance No. 185 Effective Date: 6-14-76 D. Libraries. Non-profit libraries provided that all buildings are located 50 feet or more from the lot line of any abutting lot in an ”R" District. Screening and signage requirements shall be determined with each individual conditional use permit. Source: City Code Effective Date: 4-1-84 ORONO CC 289-1 (4-1-84) § 10.28 Subd. 4. Accessory Uses. Withinany"RR-IB” One Family Rural Residential District, the following uses shall be a permitted accessory use: A. Any accessoiy use as regulated in the ”R-1 A” District and "Animals” as regulated in Section 10.20, Subdivision 3, Subparagr^hs M and N. Source: Ordinance 26,2nd Series Adopted: 7-14-86 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following mirumum requirements shall be observed: Lot Lot Front Side Side Yard Adjacent to Rear Area Width Yard Xad Street Yard 2 acres 200 feet SO feet 30 feet SO feet so feet ORONO CC 290 (4-1-84) A RESOLUTION STATING THE CITY COUNCIL ’S OPPOSITION TO CERTAIN PROVISIONS IN THE 2003 MINNESOTA PERSONAL PROTECTION ACT, AND CALLING FOR AMENDMENTS TO PROHIBIT CONCEALED WEAPONS ON CITY PROPERTY WHEREAS, the Minnesota Legislature has passed and the Governor has signed into law the “Minnesota Personal Protection Act”, in which Minnesota residents, subject to qualification, shall be issued permits to carry concealed weapons, effective May 28,2003; and WHEREAS, the Act provides that permittees shall, with very few exceptions, per permitted to carry concealed weapons on municipal property; and WHEREAS, the Act provides that owners of private properties may post and regulate the ability of permittees to cany concealed weapons; and WHEREAS, the Council is vitally concerned about the safety of its employees, and the safety of the users and visitors of City properties; and WHEREAS, the Council can find no rational justification to distinguish between a permissive provision for private properties and a non-discretionary mandate for public properties; and WHEREAS, the Council agrees in concept with the failed amendment to the House File that would have allowed public facilities, such as city halls, parks, and recreation centers, to prohibit concealed weapons on the premises. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that it is opposed to the section of the Minnesota Personal Protection Act relating to rights to carry concealed weapons on public property; and BE IT FURTHER RESOLV'ED, that the Council state its support for measures that will allow cities to post “No weapons in city hall or on city-owned properties”. Page 1 of2 Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held May 27,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of2 m. LiJuLf L ------------ MAY 1 1 2003 REQUEST FOR COUNCIL ACTION q , y qhono DATE: May 27,2003 ITEM NO.: Idu Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Reportn Item Description: Golf Course Credit and Debit Card Policy Introduction The Orono Municipal Golf Course does not currently accept credit and debit cards for the payment of fees. We are receiving more requests every year to accept credit cards as this form of payment is almost universally accepted at all businesses. All of the area privately owned golf courses and numerous publicly owned courses, including the Three Rivers Park District Courses, accept these cards. The ability to use a credit card is an expectation among consumers, and people get upset when they can’t use these cards at our golf course. We have people get mad and leave because they expected to use a credit card and did not bring enough cash or a check book to pay for their golf. 1 here is a great potential that these people will probably not come back to the course again as every year there are more golf courses available. The golf course business is becoming more competitive every year, so retaining customers is important. The golf course currently accepts checks, many people do use checks to pay for their golf, and we do receive bad checks which require time and effort to collect on them. One of the advantages of credit and debit cards is that they are electronically verified and payment to the City is made electronically from the card processing company on a daily basis. We have contacted several area card processing companies for quotations, and they all have different prices for the purchase of the card processing machine and varying flat fees and percentages for the amount that is charged in each transaction. Staff Recommendation Our recommendation is to use American Credit Card Services Inc., Mound Mirmesota for the processing of credit and debit card transactions. The purchase cost for the processing machine is $500, the flat fee is $0.24 per transaction, plus 1.72% of the amount charged. For example the fee on a $20.00 transaction would be $0.58. These charges will have a slight impact on the golf course revenues. However, our recommendation is that accepting these cards is necessary to be a customer friendly business, to compete with other area golf courses, and is an expectation among almost all consumers Page 1 of 2 . ♦ • v' » I • 3 COUNCIL ACTION REQUESTED: Motion to authorize the use of Credit and Debit Cards for the payment of Orono Municipal Golf Course fees. Motion to authorize the use of American Credit Card Services Inc., Mound Miimesota for processing of Credit and Debit Card payments at the Orono Municipal Golf Course. Page 2 of 2 MM 2 ^ »REQUEST FOR COUNCIL ACTION t yjc \Jt\\Ji*yJ DATE: May 27.2003 ITEM NO.: /3 Department Approval: Neaic Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Item Description: Seasonal Employees for OTolf Course Agenda Section: Public Service Director’s Report The Council previously approved a list of seasonal employees for the Gol f Course with the following pay range of $7.75 to S8.43 per hour for this season. New employees earn $7.75 per hour for the first year. Returning employees earn more each year until the maximum rate is reached in four years. When this list was approved for the 2003 season, not all of the employees were on the list as some of the positions were still vacant. Throughout the season employees are hired to fill vacancies. Seasonal employees are hired under two different provisions of the PERA rules. The majority of the employees will be hired under the 6-month rule which allows unlimited earnings for a 6-month maximum time period. The starting dates for these employees are staggered to allow for sufficient staffing throughout the entire season. The remainder of the employees work fewer hours and will be hired under the PERA maximum earnings provision which limits earnings to $425 per month without any restrictions on the number of months worked. These employees are noted in the list below as "Maximum Earnings Limit". LIST OF SEASONAL GOLF roiJR.SE EMPLOYEES Employee 2003 Hourly Wage Rate Mike Poliey Maximum Earnings Limit $7.75 COUNCIL ACTION REQUESTED: Motion to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. REQUEST FOR COUNCIL ACTION Crv*. may 2 7 2003 CITY OF UHOwO DATE: May 27,2003 ITEM NO.: f ^ Department Approval: Name Gregory A. Qappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: MNDOT TH 12/Old Crystal Bay Road Agreement-ResOi tion Old Crystal Bay Road Between TH 12 and Fox Street Pavement Rehabilitation The existing Old Crystal Bay Road bridge over the BNSF railroad tracks will be replaced as part of the new TH 12 bypass project. This work is tentatively scheduled for the year 2004. The pavement on Old Crystal Bay Road is nearing the end of its service life and needs to be reconditioned. The completion of pavement reclamation is a better solution than an overlay of the existing pavement because it eliminates the reflective cracking through the new overlay. Paving of the existing gravel shoulders is also included in this project. This will eliminate the current maintenance costs associated with the gravel shoulders and will also reduce the amount of crushed rock shoulder material that ends up the adjacent yards from snow plowing operations. The edge of the travel lanes will be striped, and the paved shoulders can then be used for bicyclists. A right turn lane will also be added for northbound Old Crystal Bay Road to eastbound Highway 12. The most opportune time to complete this paving project on Old Crystal Road will be when the road is closed for replacement of the railroad bridge. This project on Old Crystal Bay Road has been included in the plans for the Highway 12 project as this will allow for better coordination between the Highway 12 work and the Old Crystal Bay Road work and will reduce the potential for conflicts between the two projects. This project on Old Crystal Bay Road is eligible for State Aid Funding. The estimated project cost in the agreement is $601,723.84, and the City has adequate State Aid Funds available for this project. COUNCIL ACTION REQUESTED: Motion to approve resolution authorizing the City to enter into a Cooperative Agreement with MNDOT for the Old Crystal Bay Road pavement rehabilitation project. f r J A RESOLUTION AUTHORIZING THE CITY OF ORONO TO ENTER INTO A COOPERATIVE AGREEMENT WITH MN/DOT RELATED TO OLD CRYSTAL BAY ROAD IMPROVEMENTS IT IS RESOLVED that the City of Orono enter into Mn/DOT Agreement No. 84970 with tile State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City’s share of the costs of the Old Crystal Bay Road re-construction and other associated construction to be performed upon, along and adjacent to Trunk Highw ay No. 12 from 0.77 miles west of Old Crystal Bay Road to 0.3 1 miles east of Luce Line Trail within the corporate City limits under State Project No. 2713-15 and State Aid Project No. 152-102-14. IT IS FURTHER RESOLVED that the Mayor and the City Clerk arc authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 27th day of May, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 1 of 1 Li.. PRB-LETTINO SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OP TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 84970-R S.P. 2713-75 (T.H. 12-010) S.A.P. 152-102-14 Fed. Proj. NH 012(300), TEA 012(300) The State of Minnesota Department of Transportation, and Tha City of Orono Re: City lump sum payment for Old Crystal Bay Road re-construction by the State along T.H. 12 AMOUNT ENCUMBERED (None) ESTIMATED AMOUNT RECEIVABLE $601,723.84 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Orono, Minnesota, acting by and through its City Council, hereinafter referred to as the "City".'1 r 84970 WHEREAS, the State is about to perform grading, surfacing, retaining wall, drainage, signal and bridge construction and other associated construction upon, along and adjacent to Trunk Highway No. 12 from 0.77 miles west of Old Crystal Bay Rotid to 0.31 miles east of Luce Line Trail within the corporate City limits in accordance with State plans, specifications and special provisions designated as State Project No. 2713-75 (T.H. 12-010) and State Aid Projejt No. 152-102-14 and in the records of the Federal Highway Administration as Minnesota Projects NH 012(300) and TEA 0012(300); and tfflEREAS, in connection with the State contract, the traffic control signal system construction to be performed at the intersection of Old Crystal Bay Road and Wayzata Boulevard (Old T.H. 12) will be covered under a separate Agreement between the State and the City of Orono; and WHEREAS, the State will use Old Crystal Bay Road as a haul route and then re-construct it as part of State Project 2713-75 and; WHEREAS, the City has e;q>ressed its willingness to participate in the costs of the Old Crystal Bay Road re-construction and associated construction engineering in a lump sum amount as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. I « 84970 XT IS, THBRBPORS, MOTUALLY AORBBD AS FOLLOWSt ARTICm I - COWSTRPCTIOW BY THB STATS Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 2713-75 (T.H. 12«010) In accordance with State pleuis, specifications and special provisions which are on file In the office of the Commissioner of Transportation at St. Paul, Minnesota, and are Incorporated Into this Agreement by reference. Section B» Direction and Supervision of Construction The State shall direct and supervise all construction activities perfoirmed under the construction contract, and perform all construction engineering and Inspection functions in connection with the contract construction. All contract construction shall be performed In conpllance with the approved plans, specifications and special provisions. Section C. Plan Changes, Additional Construction, Btc. The State shall make changes in the plans and contract construction, which tnay include the City cost participation construction covered under this Agreement, and shall enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State's District Engineer at Roseville or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City cost participation construction covered under this Agreement. r 84970 8»ction D. Satiafactory Coapletlon of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be conpleted in a satisfactory manner. Acceptance by the State of the con^>leted contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE II - 1N8PBCTIOH BY THE CITY The City cost participation construction covered under this Agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City shall inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the State's contractor has satisfactorily performed the City cost participation construction covered under this Agreement. ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE *1* A Preliminary SCHEDULE "I" is attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all anticipated City cost participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. Section B. City Cost Participation Construction The City shall, at the percentage indicated, participate in the following construction to be performed upon, along and adjacent to Tzxink Highway No. 12 from 0.77 miles west of Old Crystal Bay Road to 0.31 miles east of Luce Line Trail within the corporate City limits 1 -sji 84970 under State Project No. 2713-75 (T.H. 12»010) and State Aid Project No. 152-102-14. The construction includes the City's proportionate share of item costs.for mobilization, field office, field laboratory and traffic control. 100 Percent shall be the City's rate of cost participation in all of the Old Crystal Bay Road re-construct ion. The construction Includes, but is not limited to, those construction items as tabulated on Sheets No. 2 and No. 3 of the attached Preliminary SCHEDULE "I”. Section C« Construction Bngineerina Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation construction covered under this Agreement. ARTZCLB IV - PAYMENT BY THE CITY It is estimated that the City's share of the costs of the contract constSTUction plus the 8 percent construction engineering cost share is the sum of $601,723.84 as shown in the attached Preliminary SCHEDULE "I". Upon award of the construction contract the State shall prepare a Revised SCHEDULE "I" based on construction contract unit prices. After the following conditions have been met, the City shall advance to the Commissioner of Transportation the City's full and complete lump sum cost share as shown in the Revised SCHEDULE ” I ”: A.Execution and approval of this Agreement and the State's transmittal of it to the City along with a copy of the Revised SCHEDULE "I*. .us 84970 B. Receipt by the City of a written request from the State for the advancement of funds. ARTICLE V - OBNERAL PROVISIONS Section A. Plan Changes The City may request changes in the plane. If the State determines that the requested plan changes are necessary or desirable, the State will cause those plan changes to be made. Section B. Replacement of Castings The City shall furnish the State's contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except for replacement of castings and parts broken or damaged by the State's contractor. Section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section D. Future Responsibilities Upon satisfactory coit5>letion of the Old Crystal Bay Road re-construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept 1 84970 full emd total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenemce, repair and reconstruction of Old Crystal Bay Road and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Section «. Ixanination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, docuine.its, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section F. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section G. Agreement Approval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City ofificers as the law may provide in addition to the Commissioner of Transportation or her authorized representative. 84970 MtTICLB VI - AtlTHORIZlD AOIMTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, NN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Greg Gappa, P.B., Director of Public Services, or his successor. His current address and phone number are P.O. Box 66, Crystal Bay, MN 55323-0066, (952) 249-4621. RIMAZ]!•)OF PAGE mTBNTIQIIALLY LEFT BLAME i'-■ ■ JL t, ■ 84970 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF ORONO Date Title Date ■ 'I,, Mayor " ^ -4,:/:,r.»- . - : . i ■•' ; » . i -v. .•wm'jp \ : :r.:;- k DlPARnCBHT OP TRANSPORTATION Mco—tndad for approval i District Ingiiiaar ApprovedI By_ _ state Oasign Bnglnaar Date :ssxoNiR or adnzmzstratk Aa dalagatad to Matariala Nanagaaont Divlalon By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date OFPZCl OP THE ATTORNIY ORNIRAL Approvad aa to foni and axacutloni Date •4 ,: • / / I r '■;■ !• ••• ;.» m . \ * 0 '/■ m. S.P. 2713-75 (T.H. 12-010) S.AJ. lS2-t02-I4 Fed Pn^. NH 0012(300). TEA 012(300 Pwllmimiy; April 22,2003 Cndins. nirracing, bridge, and signal constnictim to start jpproxi^ly July 7.2003 under State Contract No.with located on T.H. 12 Ihm 0.77 miles west ofOM Crystal Bay Read to 0.31 miles east of Luce Line TtuU ^ t-;.CnY COST PARTICIPATION V. M ; vfc r Subtotal From Sheet No.,2; Construction Engineering (8%) (lITotal Cit>‘Cost 44.572.14 ............'ZiL'. _ (1) Amount of payment u described in Article IV of the agreement (&timii^jgjgjjpj) -I- iiiiflltllMl ITEM NUMBER 2021J01 2031.501 2031.503 2104.501 2104.501 2104.503 2104.503 2104.503 2104.509 2104.509 2104JI3 2104.523 2112.501 2211.501 2350JOl 2350.501 2350.502 2357.502 2501J15 2501.515 2501.515 2501.521 2501.561 2501.561 2501.602 2501.602 2501.602 2503.511 2503.521 2503.541 2503.541 2506J02 2506.502 2506.502 (1) 100% CITY 84970 S.P. 152-102.14 (OLD CRYSTAL BAY, ROAD) , , • • •_______WORK ITEM UNIT •' ?*Vv .■ MOBILIZATION FIELD OFnCE TYPE D FIELD LABORATORY TYPED REMOVE PIPE CULVERTS REMOVE CURB AND GUTTER REMOVE BITUMINOUS PAVEMENT REMOVE BITUMINOUS WALK REMOVE BITUMINOUS DRIVEWAY PAVEMEOT REMOVE PIPE APRON REMOVE LIGHT BASE _ " SAWING BIT PAVEMENT (FULL DEPTH) " SALVAGE LIGHT STANDARD A LUMINAiRE " SUBGRADE PREPARATION AGGREGATE BASE CLASS 5 .......... TYPE LV 3 WEARING COURSE MIXTURE (B) ~ TYPE LV 3 WEARING COURSE MIXTURE (Q TYPE LV 3 NON WEARING COURSE MIXTURE (Q BITUMINOUS MATERIAL FOR TACK COAT 15" RC PIPE APRON 18" RC PIPE APRON 24" RC PIPE APRON 22" SPAN RC PIPE-ARCH APRON 2.“ " 18" RC PIPE CULVERT DES 3006 CLASS IV 24" RC PIPE CULVERT DES 3006 CL ill TRASH GUARD FOR 15" PIPE APRON TRASH GUARD FOR 18" PIPE APRON TRASH GUARD FOR 24" PIPE APRON 15" CP PIPE SEWER ...... 22" SPAN RC PIPE-ARCH SEWER CL IIIA 12" RC PIPE SEWER DES 3006 CL V 15" RC PIPE SEWER DES 3006 CL V CONST DRAINAGE STRUCTURE DESIGN C OR 6 CONST DRAINAGE STRUCTURE DESIGN N^ CONST DRAINAGE STRUCTURE DES 60-^0 ~ LUMPSUM EACH EACH UN FT ‘ LIN FT ‘ SQYD ^ SQYD SQ YD ‘ EACH EAOI UN FT ' EACH RO^ ST A TON ton ’ ” TON TON gallon ’^ EACH _ ^CH EACH UN FT 2 LIN FT UNFT * EACH _ EACH EACH UNFT _ un ft" ■ UNFT UNFT EACH......... ^CH ..QUANTITY;J .UNIXPRICE ; . > tGOST. ,v 0.02 0.02 ' “b.02 299.00’ 1.030.00 218430.00 7417.00 6.472.00 11.00 1.00 ’812.00 1.00 73.00 1 1.800.00 215.00 3.144.00 8.175.00 ’ 1.570.00 1.00 4.00 4.00 1.00 90.00 162.00 1.00 2.00 2.00 58.00 436.00 357.00 _ 2.00 3.00 1.00 S500.000.00 _ S7.W.00 _ $3,m00 6.00 -12.50 _045 .1.. 0 20 040 10.000.00 ‘_140.0b 76.00 1.794.00 2.575.00 54457.50 1.443.40 60.00 250.00 245 500.00 11’O.OO 740 1494.40 660.00 250.00 1,827.00 500.00 33.00 33.00 ’32.00 8.030.00 13400.00 7.095.00 0.75 425.00 450.00 500.00 500.00 35.00 45.00 230.00 250.00 360.00 103.752.00 261.600.00 1,17740 425.00 1,800.00 2.000.00 500.00 3.150.00 7490.00 230.00 500.00 720.00 25.00 80.00 29.00 32.00 L____M ill I 700.00 _____1400.00 1,450.00 480.00 12^644.00 11,424.00 2.000.00 _____2,100.00 1400.00 • 2 ^^9 •• MAY 2 7 9f)n^ REQUEST FOR COUNCIL ACTION CITY OF OfiONO DATE: May 27,2003 ITEM NO = Department Approval: Naaic Gregoiy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Directors Report Item Description: MNDOT TH12 Traffic Signals Agreement*ResoIution As part of the new TH12 project, several traffic signal improvements will be made. A new traffic sig^ will be installed at the intersection of the relocated County Road 146 (Brown Road) intersection with Highway 12. Improvements to the existing Old Crystal Bay Road/TH12 signal include adding a northbound Old Crystal Bay Road to westbound TH12 left turn arrow, replacing the incandescent bulbs with new longer lasting and more energy efficient LED bulbs, and installing an Emergency Vehicle Preemption (EVP) System. This system will provide a green light for emergency vehicles to cross Highway 12 which is important because the Orono police station is located adjacent to this intersection. During rush hour periods, it is difficult for the police vehicles to safely cross highway 12. This cooperative agreement is the same basic agreement that is already inplace for the existing Highway 12 signals at Old Crystal Bay Road and Willow Drive. The City is responsible for light bulb replacement, signal painting, and payment of the electricity costs for signal operation. The city is also responsible for a share of the construction costs for these projects which is estimated to be $37,800. These costs are eligible for Municipal State Aid Funding. COUNCIL ACTION REQUESTED: Motion to approve resolution authorizing the City to enter into a cooperative agreement with MNDOT for the TH12 traffic signal improvements. iMNtlini A RESOLUTION AUTHORIZING THE CITY OF ORONO TO ENTER INTO A COOPERATIVE AGREEMENT WITH MN/DOT RELATED TO TRAFnC SIGNAL IMPROVEMENTS BE IT RESOLVED that the City of Orono enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: Install new Traflic Control Signal with Street Lights, Emergency Vehicle Pre emption and Signing on old Trunk Highway No. 12 at County State Aid Hi^way No. 146 (Brown Road)/Brown Road; and revise an existing Traffic Control Signal with Street Li^ts, Emergency Vehicle Pre-emption and Signing on old Trunk Highway No. 12 at Old Crystal Bay Road in the Cities of Orono and Long Lake, Hennepin County, Minnesota in accordance with the terms and conditions set forth and contained in Agreement No. 85011 R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be and herd)y are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 27th day of May, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 1 of 1 ill I a Mh n MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 65011R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OP TRANSPORTATION AND THE COUNTY OF HENNEPIN AND THE CITY OF ORONO TO Install a new Traffic Control Signal with Street Lights, Emergency Vehicle Pre-enption and Signing on old Tnink Highway No. 12 at County State Aid Highway No. 146 (Brown Road) and Brown Road; and revise an existing Traffic Control Signal with Street Lights, Emergency Vehicle Pre-emption and Signing on old Trunk Highway No. 12 at^Crystal Bay Road in the Cities of Orono t t ■5% :dCi and Long Lake, Hennepinl County, Minnesota. S.P. 2713-75 S.A.P. 152-102-13 Prepared by Pre-Letting Services ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED County of Hennepin City of Orono $9,786.72 $37,800.00 (none) jsammaniiiim M * PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the County of Hennepin, (County), and the City of Orono, (City) . RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The State has determined that there is justification and it is in the public's best interest to install new traffic control signal including street lights and signing, (Traffic Control Signal) on old Trunk Highway No. 12 at County State Aid Highway No. 146 (Brown Road)/Brown Road; and revise the existing traffic control signal on old Trunk Highway No. 12 at Crystal Bay Road. The City requests and the State agrees to the installation of Emergency Vehicle Pre-enption Systems, (EVP System(s)), as a part of the new and revised Traffic Control Signal installations. The County, City and the State will participate in the cost, maintenance and operation of the new Traffic Control Signals and EVP Systems at old Trunk Highway No. 12 and County State Aid Highway No. 146 (Brown Road)/Brown Road. The City esoiiR -2- i will participate in all costs, maintenance and operation of the revised Traffic Control Signal at old Trunk Highway No. 12 at Crystal Bay Road. The City and County cost participation will be based on a lun^) sum amount. It is anticipated that Federal funding will be applied # to the Traffic Control Signal cost participation construction at old Tnink Highway No. 12 and County State Aid Highway No. 146 (Brown Road)/Brown Road, and if so, the cost of the County participation construction will be reduced by the amount of Federal funding. CONTRACT 1. The State will prepare the necessary plan. specifications and proposal, (Preliminary Engineering). The State will also perform all necessary construction inspection. (Construction Engineering). 2. The Cost of Construction, (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete the work. Construction Cost does not include the cost of providing the power supply to the service poles or pads. 3. The State, with its own resources or by contract. will perform the Traffic Control Signal, lighting and the EVP System work pursuant to State Project No. 2713-75 and State Aid 85011R -3- Project No. 152-102-13 with the Construction Costs shared as follows: a. Old Trunk Highway No. 12 at County State Aid Highway No. 146 (Brown Road)/Brown Road. Traffic Control Signal, lighting and EVP System. Estimated Construction Cost is $160,000.00. Federal share is 80 percent. State Share is 15 percent. County share is 5 percent, b. Old Trunk Highway No. 12 at Crystal Bay Road revise Traffic Control Signal and EVP System. Estimated Construction Cost is $35,000.00. City's share is 100 percent. 4. The State will provide the State-furnished Materials to be installed with the State work provided in Paragraph 3a. Estimated cost for State-furnished Materials for Paragraph 3a is $19,000.00. Federal share is 80 percent. State's share is 15 percent. County's share is 5 percent. 5. Upon execution of this agreement, award of the Construction Contract, and receipt of State's written request, the County and City will make an advance payment to the State of their project costs. The County and City's project costs will be the lump sum of the following: a. The County's share (as specified in Paragraph 3a) based on the actual bid prices. 85011R -4- M !;j J; and the lump sum State furnished materials, (as specified in Paragraph 4). b. The City's share (as specified in Paragraph 3b) based on the actual bid prices. c. Eight percent of their share [Item (a) or Item (b) above] for the construction engineering. 6. The City will be responsible for the cost and application to secure an adequate power supply to the service pads or poles for the Traffic Control System at old Trunk Highway No. 12 at County State Aid Highway No. 146 (Brown Road)/Brown Road. Upon completion of old Trunk Highway No. 12 at County State Aid Highway No. 146 (Brown Road)/Brown Road, the City will thereafter pay all monthly electrical service expenses necessary to operate the Traffic Control Signal, lighting and EVP Systems. 7. Upon conpletion of old Trunk Highway No. 12 at County State Aid Highway No. 146 (Brown Road)/Brown Road, the City will, at its cost and expense: (1) maintain the luminaires and all its conponents, including replacement of the luminaire if necessary; and (2) relamp the street lights. The City, thru a separate local agreement with the City of Long Lake, shall detail arrangements with the City of Long Lake to share 50% of the maintenance and power costs as identified in this Paragraph and Paragraph 6. above, however, the City will be the lead agency for the purpose of this agreement. 85011R -5- 8. Upon completion of old Trunk Highway No. 12 at Crystal Bay Road traffic control signal, the exiting maintenance agreement No. 60317 will remain in effect. 9. The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP Systems must be done by the State. b) Emitter units may he installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 1C9.01, Subdivision 5. Authorized emergency vehicles may use emitter tinits only when responding to an emergency. The City will provide the State's Assistant Division Engineer or his/her designated representative a list of all vehicles with emitter units. c) Malfunction of the EVP Systems must be reported to the State immediately. d) In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City 85011R -6- receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and conponents become the property of the State, e) All timing of the EVP Systems will be determined by the State. 10. The construction work provided for herein will be under the direction and supervision of the State. It is agreed. however, that the County and the City will have the right to periodically inspect the cost sharing construction work provided for in Paragraph 3. The State will have the exclusive right to determine whether the work has been satisfactorily performed by the State's Contractor. 11. The State will insert in any contract with the successful bidder a clause requiring the successful bidder to hold the County harmless and also clauses requiring the successful bidder to provide and maintain insurance, all as follows: The Contractor agrees to defend, indemnify and hold harmless the County, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses. costs, or expenses, including reasonable 85011R -7- ^ ‘ 5^ 4 4 ’ t 1, attorneys' fees, resulting directly or indirectly from any act or omission of the Contractor, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Contract, and against all loss by reason of injuries or damages received or sustained by a person, persons, or property on account of the operations of the Contractor or any subcontractor or their agents or employees; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any environmental damage or hazardous material damage caused by or resulting from the Contractor's activities; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims arising or amounts recovered from infringements of patent, trademark, or copyright; or because of any claims arising or amounts recovered under the Worker's 65011R -8- I J tfii Compensation Act; or under any other law, ordinance, order or decree, or due to the failure of the Contractor to perform fully, in any respect, all obligations under this Contract. In order to protect itself and Hennepin County the Contractor will at all times during the term of this Contract, 2uid beyond such term when so required, have and keep in force the following insurance coverages: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse, and Underground Property Damage (XCU) Liability coverages: - General Aggregate Limit $1,000,000 - Products--Conpleted Operations Aggregate Limit $1,000,000 - Personal and Advertising Injury Aggregate Limit $1,000,000 Each Occurrence - Combined Bodily Injury and Property Damage 85011R -9-. - - • 3. Limit $1,000,000 2.Automobile Liability - Combined single limit each occurrence coverage for bodily injury and property damage covering owned, non-owned, and hired automobiles. Limit $1,000,000 Workers' Condensation and Enployer's Liability: {Ay Workers' Compensation Limit - per Minnesota Statutes. If the Contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Employer's Liability. Bodily injury by; Accident - Each Accident $100,000 Disease - Policy Limit $500,000 Disease - Each Employee $100,000 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. 85011R -10- It is the sole responsibility of the Contractor to determine the need for and to procure additional insurance which may be needed in connection with this contract. Copies of insurance policies will be submitted to the County upon written request. The Contractor will not commence work until the Contractor has obtained required insurance and filed with the County a properly executed cuid accepteUDle Certificate of Insurance which clearly evidences all required insurance coverages. The certificate will name Hennepin County as certificate holder, and will also name Hennepin County as additional insureds for the Commercial General Liability coverage with respect to operations covered under the Contract. The certificate should also show that Hennepin County will receive 30 days' prior %nritten notice in the event of cancellation, nonrenewa], or material change in any described policies. 85011R -11- e) :i The Contractor will furnish to the County updated certificates during the term of the Contract as insurance policies expire. If the Contractor falls to furnish proof of insurance coverage, the County through the State may cause payments to be withheld from the Contractor, and/or may pursue any other right or remedy allowed under the Contract, law, equity, and/or statute. The County agrees to pay to the State the total amount of the liability Insurance coverage premium costs, described herein, incurred by the State's Contractor for State Project No. 2713-75 in procuring and maintaining for the duration of the Contractor's contractual obligation to said State project. As such time, be it one or more, as the said State's Contractor furnishes the State with a certified statement of the Insurance premium costs the Contractor has incurred on procuring the aforesaid insurance coverage, the State will invoice the County for the total amount of the insurance premium costs set forth in said certified statement from the 85011R -12- i r fM Contractor, and the County will, upon receipt of said invoice, promptly make payment thereof to the State. 12. All timing of the Traffic Control Signal at old Trunk Highway No. 12 and County State Aid Highway No. 146 (Brown Road)/Brown Road will be determined by the State, and no changes may be made except with the approval of the State. All timing of the Traffic Control Signal at old Trunk Highway No. 12 and Crystal Bay Road will be in accordance with the existing Agreement No. 60371. 13. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Each party will be solely responsible for its own enqployees for any Workers Compensation Claims. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 15. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 16. This Agreement contains all negotiations and agreements between the parties. No other understanding 05C11R -13- regarding this Agreement, whether written or oral, may be used to bind either party. 17. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. The State may inmediately terminate this Agreement at any time if it does not obtain funding from the Minnesota legislature, or other funding source, or if funding can not be continued at a level sufficient to complete the work under this Agreement. 85011R -14- & I . f couury of hennepin ATTEST:By: By: Deputy/Clerk of the County Board Chair of its County Board Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:And: APPROVED AS TO FORM: Assistant/Deputy/County Administrator By:Date: Assistant County Attorney Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ And: APPROVED AS TO EXECUTION; Assistant County Administrator, Public Works and County Engineer Dace: By: Assistant County Attorney RECOMMENDED FOR APPROVAL: Date:B y: - - - - - - - - - - - - - Director, Transportation Department Date: This certifies that the signatories for the County have lawful authority, by virtue of board resolution, to bind the County to the terns of this Agreement. 85011R -15- J CITY OF ORONO REC FOR APPROVAL: City Attorney T ■ I DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Metropolitan District Enginee ; COMMISSIONER OF ADMINISTRARTION As delegated to Materials Management Division By; Date: By; Mayor Date: By: City Date: _ DEPARTMENT OF TRANSPORTATION APPROVED: By; State Design Engineer Date:4 ATTOPJJEY GENERAL As to form and execution By; Date: 85011R -16- 4, ♦ ^ 7 REQUEST FOR COUNCIL ACTION MAY 2 7 2005 CITY OF ORO n O DATE: May 27,2003 ITEM NO.; Dcpartmciit Approval: Name Gregoiy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Navarre Crosswalk and Bus Shelter Project There is an existing County Road 15 crosswalk located near D’vinci ’s restaurant, and an existing bus shelter located on the south side of County Road 15 west of the Keaveny building. The bus shelter is not located in a desirable area as it is isolated in a poorly lighted area with woods and a steep slope directly behind it. The crosswalk is also not located near the center of the business district as it is too far west. A crosswalk location closer to the center of the business district would be a more convenient location and would provide better access to the businesses Also, the crosswalk is located in the middle of the block which is not the most desirable area from a driver expectation viewpoint. Crosswalks are noimally located at street intersections and tliis is where motorists expect to see them. The City parking lot behind the buildings, on the north side of the road, is used as a Park and Ride lot for commuters catching the eastbound buses in the morning. The crosswalk is in a poor location and is not used by many of the commuters because it is located in the opposite direction from the bus stop as people exit the parking lot. Many people Just cross Shoreline Drive at the parking lot exit and head toward the bus shelter. The location of the existing crosswalk and the bus shelter have been a concern for number of years. We have met with Hennepin County Highway department personnel to discuss this situation. Hennepin County personnel were favorable to the concept of moving the crosswalk to the west side of the Kelly Avenue/Shoreline Drive intersection provided the bus shelter is also moved to this area. Without moving the bus shelter, it is not worthwhile to move the crosswalk. The County will install larger crosswalk signs for the new crossw'alk location. We liscussed to idea of having a “push button" system to turn on a flashing yellow light when a pedestrian is crossing Shoreline Drive. The consensus was that this could create a false sense of safety as the pedestrians may assume the trafllc has red light and will stop. There is clearly not enough pedestrian traffic to meet a traffic signal warrant for this crosswalk. Page 1 of 2 The Police department has contacted Metro Transit about moving the bus shelter, and they are willing to work with the City on moving the shelter. The shelter will be moved to the far northeast comer of the Keaveny property, and this will require obtaining an easement from the property owner. The size of the easement is dependant on the exact location of the property comer. This location will have minimal impact on the property. COUNCIL ACTION REQUESTED: Review the proposed concept plan for relocation of the existing Navarre County Road 1S crosswalk and bus shelter to a new location on the west side of Kelly Avenue, and if this plan is acceptable provide staff authorization to begin work on obtaining an easement to move the bus shelter. Page 2 of 2 V 1 rnorosEP ttAs SMLMH 4 i I mm ’■c./ ^ w ■ ‘ ■ Vk■. v'i> t. r- cnv PMU^tU6 Loi fMIftAMcC rkCLlfl FVIItllii6 X*U/AU^ MMl X-WAlk ffjmfi 0UX 5ACt1Cll f4KVSW CauUVf 9L£fA c aosfu//^ N Jl W V kN Ys I i J •••• . MAY a 7 2005 REQUEST FOR COUNCIL ACTION ci r y oh oro/vo DATE: May 27,2003 t ITEM NO.: J7 Department Approval: Nane Gregoiy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Request for Payment#!, Navarre Fire Station Site Improvements Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. For this project the public sewer and water lines in the City street will be charged to the respective utility funds. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment Number 1, Navarre Fire Station Site Improvements Project to F. F. Jedlicki Inc. in the amount of $56,216.25 with the following cost distribution; Fire Station Fund $53,041.25, Sewer Fund $3,175.00. j < l/yBonestloo Hnwtne «« AniterHc& ^Associates InfifittrfiArcMltctt Owner City of Orono. P. O. Box 66. Crystal Bay. MN 55323 Date::May 20.2003 For Period:5/1/2003 to 5/20/2003 Request No:1 Contractor F.F. Jedlickto Inc., 14203 W. 62nd St.. Eden Prairie. MN 55346 CONTRACTOR'S REQUEST F(« PAYMENT NAVARRE FIRE STATION - STREET S UTILITY IMPROVEMENTS BRA FILE NO. 139^)3-133 SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 Original C^ntrad Amount C^nga Order • Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retalnage 5% Subtotal Less Amount Paid Previously Liquidated damages • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 304.719.50 $ $ 0.00 0.00 304.719.50 59.175.00 0.00 59.175.00 2.958.75 56.216.25 0.00 0.00 56.216^5 Recommended for Approval by. BONESTROO, ROSENE, ANDERUK ft ASSOCIATES, MC. Moat. Approved by F^. JEDUCKIi INC Approved by Owner CITYOFORONO Spedfied Contract Completion Date: June 21,2003 Date: i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Mtm PARTI-STREET: COMMON EXCAVATION (P) COMMON BORROW (CV) SELECT GRANULAR BORROW (CV) M/r MINUS CRUSHED ROCK TENSAR GEOGRID QEOTEXTILE FABRIC AGGREGATE BASE. CLASS 5 BITUMINOUS BASE. TYPE 31 BITUMINOUS STREET PATCH C.R. 15 STREET PATCH 4* CONCRETE SIDEWALK PEDESTRIAN CURB RAMP CONCRETE CURB & GUTTER COMMERCIAL DRIVEWAY APRON REMOVE EXISTING STORM SEWER PIPE REMOVE BITUMINOUS PAVEMENT REMOVE CONCRETE SIDEWALK REMOVE CONCRETE CURB & GUTTER REMOVE CONCRETE PAVEMENT Total PART 1 - STREET: PART 2 • STORM SEWER: 15'RCP 15-RCP FES 4* PERFORATED POLYETHYLENE PIPE CONNECT DRAIN TILE TO STRUCTURE CATCH BASIN SUMS’ CBMH RIPRAP. CLASS III Total PART 2 - STORM SEWER: PART 3 -WATER MAIN: LF EA LF EA EA EA CY 133 3 200 4 1 3 4 27.00 400.00 6.00 150.00 1500.00 2250.00 100.00 •Contract UnH Quantity Amount umt Quantity Price to Data to Data CY 1674 5.00 $0.00 CY 2342 9.00 $0.00 CY 2000 9.50 $0.00 TN 700 17.00 $0.00 SY 950 2.00 $0.00 SY 1700 1.00 $0.00 TN 1300 16.00 •$0.00 TN 275 41.00 $0.00 SY 45 25.00 $0.00 SF 400 3.00 «$0.00 SF 400 5.00 $0.00 EA 2 1500.00 $0.00 LF 625 10.00 $0.00 SF 692 6.00 $0.00 LF 55 5.00 $0.00 SY 45 10.00 $0.00 SF 1050 0.75 $0.00 LF 105 5.00 $0.00 SF 400 3.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 27 DIR. BORE 18* CASING W/12* CARRIER LF 225 123.00 $0.00 28 10* DIP LF 450 29.00 $0.00 29 6* DIP LF 25 28.00 $0.00 30 6* DIP LF 6 27.00 $0.00 31 2* TYPE K COPPER LF 25 25.00 $0.00 32 2*CORP.EA 1 200.00 $0.00 33 2* CURB STOP EA 1 300.00 $0.00 34 CONNECT TO EXIST. W.M.EA 2 950.00 $0.00 35 DIP FITTINGS LBS 3000 1.50 $0.00 36 6*GV8BOX EA 1 600.00 $0.00 37 8* PIV EA 1 1500.00 $0.00 36 10*GV8BOX EA 1 1200.00 $0.00 39 HYDRANT EA 1 1900.00 $0.00 40 6* MEGALUG EA 4 25.00 $0.00 41 8* MEGALUG EA 1 40.00 $0.00 42 10* MEGALUG EA 9 50.00 $0.00 Total PART 3 • WATER MAIN;$0.00 PART4 -SANITARY: 43 6-PVC LF 193 27.00 100 $2,700.00 44 MANHOLE EA 2 1950.00 $0.00 45 MANHOLE OVERDEPTH LF 5 100.00 $0.00 46 8*X6*WYE EA 2 35.00 $0.00 47 6* SERVICE PIPE LF 105 24.00 $0.00 48 CONNECT TO EXIST. MH EA 1 475.00 1 $475.00 49 IMPROVED PIPE FOUNDATION LF 100 2.00 sooo 50 TELEVISE SANITARY SEWER LF 193 3.00 $0.00 Total PART 4 -SANITARY:$3,175.00 PARTS-SITE WORK: 51 SITE GRADING LS 1 70000.00 0.5 $35,000.00 52 CLEAR AND GRUB TREE 65 300.00 65 $19,500.00 53 SEEDING. MNDOT MIX 15B AC 1 1800.00 $0.00 ?4 SEEDING. MNDOT MIX 30B AC 1.5 1800.00 $0.00 ContncI UnK Amount No.Item UnH Quantity Price to Data to Data 55 800 8Y 700 5.00 $0.00 56 FIBER BLANKET SY 500 2.00 $0.0057SILT FENCE LF 1500 1.50 1000 $1,500.00 Total PART 5 - SITE WORK:$56,000.00 Total PART 1 - STREET: Total PART 2 • STORM SEWER: Total PART 3 - WATER lyiAIN: Total PART 4 - SANITARY: Total PART 5 • SITE WORK: Tot^ Work Completed To Date SO.OO SO.OO SO 00 S3.175.00 S56.000.00 S59.175.00 tj'*' i *■»/ . If PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-03-133 CONTRACTOR F.F. JEOLICKIN INC. CHANGE ORDERS No.Date Description Amount Total Change Orders PAYMENT SUMMARY No. From 0SW1/2003 I 05/20/03 Payment Retatnage 56,216.25 2,958.75 Material on Hand A iMOiiHaiOi Completed 59,175.00 Total Paymern to Date $56,216.25 Original Contract $304,719.50 Retalnage Pay No. 1 2.958.75 Change Orders Total Amount Earned $59,175.00 Revised Contract $304,719.50 ------------------------ REQUEST FOR COUNCIL ACTION ^ 7 2003 CITV OF ORCMVO DATE; May 27,2003 ITEM NO.: | B Department Approval: Naac Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Change Order #1, Nairarre Fire Station Site Improvements Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Change Order for an increase in the quantity of trees to be removed for this project, llie project specifications require payment for tree re. '.oval per tree for trees that are over 4"in diameter. The removal of trees that are 4" in diameter or less is incidental, 'fhis project is on an accelerated schedule, and when the trees were originally counted the exact grading limits were not established yet. The original contract was for removal of 65 trees at $300.00 each. This work is included in Request for Payment ft 1 which has been submitted for approval at this Council meeting. The contractor has agreed to a price of $250.00 per tree for removal of the additional 69 trees. Removal of these trees is required. COUNCIL ACTION REQUESTED: Motion to approve Change Order Number 1, Navarre Fire S Ui AM Site Improvements in the amount of $17,250.00 A.*' V : * >. .. * ^ ^ ' ■'V* i ^ jBonutloo And«flk4 ^Associates IfiginMrt 4 ■ m Owner CityofOrono,P.O.Box66.CtyslalBay.MNSS323 Dilt______Miy 16,2003 Coolraclor F.F. Jcdlicid he.. 14203 W. 62nd St. Edn Prairie. MN 53346 Bond Compiny:Bond No: CHANGE ORDER NO. 1 NAVARRE FIRE STATION - SI REET & UTILITY IMPROVEMENTS BRA FILE NO. 139-03-I33 PcicriDtleBpfWerk This Change Order provides that the tree removal quantity shown on the bid form was an estimate used to establish a unit price. Because of the accelerated project schedule and the joint effort between BRAA and BICV on this project, the final gra'ding limits were not established until days before the project bid date. The actual number of trees removed was 134, the quantity bid ww 65. This Change Order is for the additional 69 trees cleared and grubbed fiom the site. The unit price for the additiciul trees represents a 16.7% reduction from the original bid unit price. CHANGE ORDER Nai CLEAR AND GRUB ratal CHANGE ORDER NO. It imiuioiol Unit Contrtcf Qiiantfty URJt Prkn TiCU TREE S250.00 $17^250.00 $17450.00 1 r / Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) S304.719.S0 $0.00 $17.250.00 $321,969.50 Recommended for Approval by: BONESTROO. ROSENE. ANDERUK St ASSOCIATES, INC. Approved by Contractor: F.F. JEDUCKl INC. DmU cc: Owner Contractor Bonding Company Bonesiroo A Astoc. iJMJiSICIiOi Date: __s/a^/e Approved by Owner: CITY OF ORONO Date Irhi .la I • J ..— REQUEST FOR COUNCIL ACTION MAY 'i 7 2003 Cl I y Oh UHONO DATE; May 27,2003 ITEM NO.: Dcpartmcot Approval: Naoie Oregofy A. Gappa Title Director of Public Services Adminbtrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Request for Payment North Arm Lane Paving Assessment Project We have reviewed the information submitted by t!ie City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment North Arm Lane Paving Project to Buffalo Bituminous Inc. in the amount of $19,897.31 '.-v ^ 1-^1L".M m t • r vi>'- ' t;' >• ■■ vWl!: yj ^ I. % « l/iBoneitroo fj>Rosene |\|| Associates IflfihmiAltMMCtt Oonf: City of Orono. P. O. Box 66. Cfvital Bay, MN S53M Date: Mav 20.2003 ForPertod: 6/1/2003 to 5/20/2003 Request No;1 AND FINAL Contractor: Buffalo Bituminous Inc.. 2852 Ctv. Rd. 12 N.. P. O. Box 337. Buffalo. MN SS313 CONTRACTOR'S REQUEST FOR PAYMENT NORTH ARM PAVING BRA FILE NO. 13942-121 SUMMARY 1 Original Contract Amourtt Change Order • Addition (^nge Order • Deduction Revised (tontract Amount Value Completed to Date Material on Hand Amount Earned Less Retalnage 0% Subtotal Less Amount Paid Previously Liquidated damages * AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 5 6 7 8 9 10 11 12 19.353.75 S $ 0.00 0.00 1 AND FINAL 19,353.75 19,897.31 0.00 19S97.31 0.00 '19.Mr.31 b.OO 000 Recommended for Approval by; BONESTROO. ROSENE, ANDERUK A ASSOCIATES. INC. Approved by BUFFALO BITUMINOUS INC Approved by Owner CITY OF ORONO Specifled Contract Complebon Date:Date; isHtiawsotnMt ‘f- I I • • V Contract . UnB Quantity Amount No.Htrii UoM Quantity Price to Date to Ooto BMtBid 1 MOBILIZATION LS 1 2000.00 1 $2,000.00 2 REMOVE BITUMINOUS PAVEMENT SY 415 2.75 415 $1,141.25 3 AOOREOATE BASE. CLASS 5,100% CRUSHED TN 50 1250 46.2 $577.50 4 ORAVEL STREET RESTORATION SY 1640 1.25 1640 $2,050.00 5 AGGREGATE SHOULDERING. (LV) CLASS 2 TN 55 19.50 61.6 $1,201.20 6 TYPE 31 BITUMINOUS BASE COURSE TN 200 34.50 210.1 $7,248.45 7 BITUMINOUS WEAR COURSE. TYPE 41B TN 150 35.60 150.52 $5,678.91aBITUMINOUS MATERIAL FOR TACK COAT GAL 150 1.50 $0.00 ToMBatoBid $10,897.31 Total Baso Bid $19,897.31 Total Work Compietad To Dale $19,897.31 , . . ■ ■ ■ T, 'S- .C /V'. ,;. ' y . j ilMiiliAldil%ai i , J PRCMECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 1394)2-121 CONTRACTOR BUFFALO BITUMINOUS INC CHANGE ORDERS No.Date Description Amount Total Change Orders PAYMENT SUMMARY _____NOj_____ From To 1 AND FINAL I 05/01/2003 I 05/20^ Paymont Rttalnag*Completed 19,697.31 J___19,897.31 Material on Hand Total Payment to Date $19,897.31 Original Contract $19,353.75 Ratainaoe Pay No. 1 AND FINAL Change Orders Total Amount Earned $19,897.31 Revised Contract $19,353.75 V.. a iMraiatweHPM aaidieiatfi f*4 H i REQUEST FOR COUNaL ACTION . --------- MAY a 7 200} DATE: May 23,2003 ITEM NO: ZO Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Payment Requests-Long Lake Fire Station The City has received two invoices for payment related to the fire station. Earl F. Anderson , for signage, in the amount of $164.57. Herc-U-Lift, Inc., for slide wire kit, in the amount of $98.65. COUNCIL ACTION REQUESTED: Motion to approve the requests for payment in the amounts of $164.57 to Earl F. Anderson, and $98.63 to Herc-U-Lift, Inc., to be funded from the Joint Fire Station Account. r. '" ■■ m i UN VV/1C.JD Earl F. Andersen, Inc. 9701 PennAveS #100 Bloomington, MN 55431 (952) 884-7300 Fax (952) 884-5619 www.cfa-mn.com INVOICE IXUMlClt: INVOICE DATE: DUB DATE: ORDER NUMBER: ORDER DATE: SALESPERSON; CUSTOMER NO; 347-IN 02/^003 005 530 02A i/2003 000 000 SOLO TO: CITY OF LONG LAKE PO BOX 606 LONG LAKE. MN SS3S6 SHIP TO: CITY OF LONG LAKE 1964 PARK AVE SO LONG LAKE, MN SS3S6 CONFIRM TO MARY 952 473 6961 /2003 CUSTOMER P.O. MARY SHIP VIA SPEEOEE JOB NO.TERMS NET 30 ITEM NO.DESCRIPTION UNIT ORDERED SHIPPED B/O PRICE AMOUNT W11S3636 30" X 30" FIRE STATION SYMBOL EACH 2.00 2.00 0.00 44.320 88.64 W118P2418 24" X 18" FIRE STATION PLAQUE EACH 2.00 2.00 0.00 26.910 k 53.82 Post-It* Fax Note 7671 CoTDtpt o FB»i PLEASE ENCLOSE INVOICE NUMBER WITH PAYMENT. 1.5% fiRMCC charge per moath after 30 days. View oar prodacts oaliae at www.efa-auLcoai Thaakyoo. We an^reclate your basiaess. Taxable 142.46 Non-Taxable 0.00 Freight:12.07 Salat Tax:10.04 lavalnTatal:'164J7 l-d SI8S-pae-286 *oui •U i aBEigO eo 12 Mar 25, 14:57 CST by: Here U Lift BBRC-U-LZFT, INC. 5€55 MMJ.12 M, ^pim^ImiSj MH 55359^0069 MaM ff€H 4T»~a§4: Ml (14:59) Pg 2 of 2 Ms (ttit 4f9-iO$t PAGE 01 14275 * DUPLICATE INVOICE * £ CITY OF LONG LAKE 1964 PARK AVE LONG LAKE MN 55356 £ INVOICE NUMBER 01E7396550 DATE 01/13/03 99999 LONG LAKE FIRE DEPARTMENT LONG LAKE MN 55356 Mar 25, 14:57 CST by: Here U Lift (14:58) Pg 1 of 2 HERC-U-LIFT, INC Telephone: (763) 479-2501 • Fax: (763) 479-1061 Fax Cover Sheet Date:03/25/03 14:55 Ref: Invi:01E7396550 1 To:TOM Fax i:(952)249-4616 From:LISA - CREDIT DEPARTMENT Meaaage.• • FOLLOWING IS A COPY OF AN UNPAID IN VOICE DATING BACK TO JANUARY 13 FOR THE FIRE STATION. NAIL PAYMENT UPON RECEIPT OR CONTACT OUR OFFICE. THANK YOU j REQUEST FOR COUNCIL ACTION m-^7200} ^"''°^O»ON0 DATE: M«yC, 2003 ITEMNO: Zl Department Approval: Nanc Ron Moorse Title City Administrator Administrator Reviewed:__m__Agenda Section: City Administrator's Report Item Description: Payment Request Numbef Navarre Fire Station The City has received one invoice for payment related to the Navarre Fire Station. The invoice is from BKV Group for architectural services in the amount of $22,539.11. COUNCIL ACTION REQUESTED: Motion to approve the request for payment in the amount of $22,539.11 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. BKV GROUP AfdMtsctur* Inferior Dtsign Engineering toorfiwfi Kroot Vo9«l Group Inc 222 Norlh Second Street Minneopolit, AAN 55401 Idiphone 612339^52 FociMe: 612339.6212 www.bkvgroup.com EOE BlIllBf Group 001 ToCels: Invoice w.: I Invoice Number: 20^99 Invoice Date: April 2S, 2003 City of Orono 2750 Kelley Parkway P.O. Box 66 Orono. MN 55323-0066 Attention: Mr. Ron Moorse Project: 1124.10 City of Orono -Fire Station Professional Services through 4/25/03 Billing Group: Contract It: 001 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: SI 10.500.00 30.00% S33.150.00 $11,050.00 Current Fee Total:$22,100.00 Billing Group Total: Billing Group: rcimb $22,100.00 Contract #: Reimburtables mim BUlUif Giwp itinbTttab: ^ t ..rA ;• .lin I BKV Groups lac. Project; 1124.10 Invoke: 20S99 April 25.2003 P^2of2 EXPiQQ8 Bond Paper bySJ'. Copy Paper 81/2x11 Mileage/Travel Reimbursables Totals Charee 120.31 27U5 47.45 $439.11 Billing Group Total: Project Totals: $439.11 ***lovoicc Total ***$22439oll BliltegSvMMry Current EOfiC Ifila Profettional Services $22,100.00 $11,050.00 S33.1S0.0( Reimbursable Expenses:$439.11 S72J2 $511.4: Outside Services:$0.00 $0.00 $0.0( Ocher Services and Fees:$0.00 $0.00 $0.0( Finance Charges:$0.00 $0.00 $0.0( Taxes:$0.00 $0.00 $0.0( Total:S22.S39.11 $11,122.32 $33,661.4: . h '■ • * I *. - ' .» Va iAtJ, ■tfi I --- Ii REQUEST FOR COUNCIL ACTION --------- m -i 7 jooj O h O/vo DATE: May 23,2003 ITEM NO: XX Department Approval: Name RonMuorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Resignation of Jennifer Chaput Jennifer Chaput has submitted her resignation from her Planner position with the City effective May 30,2003. Jennifer has accepted a position as the City Planner for the City of Long Lake. COUNaL ACTION REQUESTED: Motion to accept the resignation of Jennifer Chaput effective May 30,2003. JOflJ • « May a 7 REQUEST FOR COUNCII ACTION O/ycwy DATE: May 20,2003 ITEM NO: 23 Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Amend Orono Municipal Xode Section 5.30, Solicitors and Transient Merchants - Ordinance Attachment: 1. 2. Orono Municipal Code Section 5.30, Solicitors and Transient Merchants Draft Ordinance Amending Orono Municipal Code Section 5.30, Solicitors and Transient Merchants 3. Draft Application Background The need to amend the City code regarding solicitors, peddlers and transient merchants is a result of recent findings from Supreme court cases and changes to Minnesota State Statutes. Currently, the City licenses business solicitors (transactions to sell or distribute goods or services), peddlers and transient merchants. For contribution solicitors (attempts to obtain donations/money for a cause or purpose), the City follows a registration procedure, which is much the same as licensing but no fees are collected. Derinitions Our current code defines solicitor as “any person making the solicitation, including such common terms as ‘peddler ’, ‘transient merchant’ and ‘canvasser’. However, peddlers, solicitors, and transient merchants are not recognized by the courts as being the same, and it is important to understand the differences. Peddlers, also known as hawkers, go from place to place to sell goods that are delivered at the time of sale. Solicitors, also known as canvassers, go from place to place to obtain orders for goods or services that are to be delivered or performed at a later time, or to collect donations. Transient merchants are generally persons who sell their merchandise from a vehicle or other portable shelter, or from an emotv storefront, and who do not intend to remain in business at any one location for more than a temporary period of time. 4. 5. 6. Solicitors The courts have held that formal licensing procedures and fees for solicitors involved in interstate commerce amount to an undue burden on interstate commerce and therefore violate the Federal Request for Council Action continued Page 2 of 3 May 20. 2003 Solicitors and Transient Merchants - Ordinance Constitution. Solicitors of purely Minnesota-made products would appear eligible for licensing as they would not be involved in interstate conunerce. However, other court cases indicate that to require different requirements for different persons conducting essentially the same business amounts to arbitrary, and thus unenforceable, regulation. In addition, anyone who is going from place-to-place for the primary purpose of exercising his or her general State or Federal Constitutional rights should not be licensed because, as with the commerce clause, licensing imposes undue burdens on these constitutional rights. Most of the case law related to this involves people who were exercising First Amendment rights by distributing religious or political information and pamphlets. The fiict that a small fee or contribution may be requested for the pamphlets has not been enough to remove these people ’s Constitutional protections. Licensing Peddlers and Transient Merchants As a result of these court cases, it appears that the City may not regulate any solicitors. Since business solicitors make their sales before obtaining their goods, interstate commerce could be affected; and regulating contribution solicitation could interfere with First Amendment rights. However, peddlers and transient merchants could be licensed because they have their goods in the state and in-hand before they are sold, therefore having no impact on interstate commerce. Although the City cannot license solicitors, the list of Prohibited Activities (Subd. 7 of proposed ordinance) would be applicable to solicitors, as well as peddlers and transient merchants, and would be enforceable by the Police Department. Modified Green River Ordiimnces A modified Green River ordinance, named for the city where it was first used and upheld, makes it a trespass to enter onto any property, whether residential or not, for the purpose of soliciting or peddling, where the property owner has posted a sign stating to the effect “No Peddlers or Solicitors.” This applies everywhere a posting is made, is enforceable against all peddlers and solicitois, including those involved in interstate commerce and those attempting to exercise Constitutional rights, as the prohibition is actually made by the property owner or tenant and not a governmental agency. This approach also allows for criminal prosecution of violators for trespassing. This concept is part of the City’s current Code (Subd. 3-C) and will continue in the proposed ordinance (Subd. 8 of the attached draft ordinance). Summary of Proposed Changes 1 . Our current Code defines business solicitation and contribution solicitation, and treats their licensing procedures differently. Since a recent U.S. Supreme Court case now prohibits even i Request for Council Action continued Page 3 of 3 May 20, 2003 Solicitors and Transient Merchants • Ordinance 2. 3. 4. 5. registering of those going from place*to-pIace to exercise their constitutional rights (i.e., freedom of speech, religion), all references specifically related to licensing or registering of both business and contribution solicitors have been deleted. Additional application information will be required (Subd. 3-C of the attached draft ordirumce). A license exemption has been added for charitable, religious, political or educational organizations with a majority of their membership made up of residents of the City (Subd. 3-G-3). A subdivision relating to the grounds for denying a license has been added (Subd. 4 of the attached draft ordinance). The hours that peddlers, solicitors or transient merchants may conduct business has been prohibited before 8:00 a.m. or after 8:00 p.m. (Subd. 7-D of the attached draft ordinance). Attached is a proposed ordinance amending Orono Code Section 5.30, Solicitors and Transient Merchants. The ordinance is based on the Minnesota Basic Code, as well as the existing City Codes, and reflects the above-noted changes. A draft Application for Peddler or TransientMerchant License is also attached. COUNCIL ACTION REQUESTED: Motion to adopt the attached ordinance amending Orono Code Section 5.30, Solicitors and Transient Merchants, and to approve the attached “Application for Peddler or Transient Merchant License.” '.V S 5.30 SBC. 5.30. SOLICITORS AMD TRAMSIBNT HBRCBiXMTS. Subd. 1. Purpose. This Section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The Council finds, however, that soli- public streets and their direct contact with residents of the City for the illegitimate solicitation practices control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and, (2) businesses and organizations which# though its activities be lawr*il or even com- mendable, use such illegitimate practices in solicitation; and, (3) j ”*^***^*^ persons who, though they represent lawful busi nesses and organizations, use such illegitimate solicitation practices; and, (4) businesses and transient merchants, though ^*9itimate, which cause, or are likely to cause, a traffic hazard or other inconvenience or danger to persons or property. The Council further finds that a large number of the residents of the oraployod as tihoir livelihood and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control* B. "Solidtee" means the person solicited. . . ... "Goods" means any tangible thing of value, but not including money, things in action or intangible personal proper^ other than merchandise certificates or coupons as herein described. The term Includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable therefrom. The term also includes merchandise coupons, issued by a retail seller, not redeemable their face amount in lieu of cash, in exchange for goods or services sold by such seller. kind.D. "Services" means work, labor, or services of any ORONO CC 119 (4-1-84) S 5.30 E. "Established place" means a building and its real estate that constitute a principal use under the zoning code in the City owned» leased or occupied on a month**to-month or term- certain longer than sixty (60) consecutive d>:ys subject to all applicable zoning ordinances. The term includes a booth# compartment# or area leased or assigned during and for the length of an event or occasion. ... ^ "Business solicitation" means an attempt by a solicitor# which is not a transient merchant activity# engaging in transactions of the same Icind# to sell or distribute for a consideration any goods or services primarily for personal# family# or household purposes# when either the solicitor or person acting for him contacts the solicitee by telephone or in person# other than at the established place of business of solicitor# except: (1) an attempted solicitation in which the solicitee personally knows the identity of the solicitor# the name of the business firm or organization he represents# and the identity or kinds of goods# value offered; or# (2) an attempted which the solicitee has first initiated the contact with the solicitor; or# (3) an attempted solicitation of a newspaper subscription in which the solicitor is a minor child engaged in both the delivery and sale of the newspaper; or# (4) an attempted solicitation for the sale of products of a farm or garden occupied or cultivated by the solicitor# when facts of such occupancy or cultivation are proven by the solicitor. , • . "Contribution solicitation" means an attempt by a solicitor to obtain money from a solicitee for any cause or purpose# when either the solicitor or person acting for him con- tacts the solicitee by telephone or in person other than at the established place of meeting# business# service# or activity of the organization represented by the solicitor# except: (1) an attempted solicitation in which the solicitee personally knows the ident:!ty of the solicitor# the name of the organization he repre- sents# and the identity of the services performed or offered by the organization# or# (2) an attempted solicitation in which the soli citee has first initiated the contact with the solicitor or the organization represented by him. "Transient Merchant Activities" means engaging in any temporary# intermittent# or transient sales or exchanges of any goods# wares# or services to other than businesses by setting up an outdoor stand or structure# or by using any truck# automobile# or any other vehicles# for such purposes at any point or place in the City. I. "Transient Merchant" means any person engaging in transient merchant activities. Merchant P««icei. Solicitation Px.cUcea and Transient ORONO CC 120 C8-27-90) iilHmiiiitBiii J S 5.30 A. It is unlawful for any'^eolicitor to engage in solicitation for any unlawful business or organizational purpose oxT ficcxvxvy# B. It is unlawful for any solicitor or transient merchant to practice harassmentf nuisancie»' theft# deceit# or menacing# troublesome or otherwise unlawful activities during the course of solicitation or transient merchant activities. C. It is unlawful for any solicitor to enter# attempt to gain entrance# to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited". ^ It is unlawful for any solicitor to refuse to leave business premises when requested by the owner# lessee# or person in charge thereof. E. It is unlawful for any person to engage in ®®**tribution solicitation without completion of licensing or registration as herein provided. It is unlawful for any person to engage in business solicitation or transient merchant activities without a license as herein provided. G. Transient merchant activities can only be conducted on commercially zoned properties. H. A transient merchant can only be licensed for a maximum of 10 days per year. 5*^^ Subd. 4. Application. Applications for solicitor and transient merchant licensing or registration shall contain the name and address of the solicitor or transient merchant and such other information as may reasonably be required by the Council as a condition to registration or licensing or to permit investigation into the applicant's background and past solicitation practices or transient merchant activities. Application for solicitor licensing shall also contain the name and address of the business or organization for which solicitations are sought. Subd. 5. Investigation# Approval or Disapproval. A. All applications for licensing or registration shall be immediately referred to the Chief of Police, and by him or other person acting in his stead# investigated as to the truth thereof# and as to any other factor which may result in a hazard or danger to persons or property. The Chief of Police shall have five (5) business days within which to investigate and make a recommendation thereon. ORONO CC 120-1 (8-27-90) S 5.30 B. If he finds no past history of the applicant indicating violations similar to those declared unlawful in this finds that to grant the application is not result in a hazard or danger to persons or property, he shall recommend issuing a license or approving registration, as the case may be, and the City Clerk shall forthwith advise the applicant. The City Clerk shall issue a license, upon payment of ^ therefore, to- the approved applicant for business solicitation or transient merchant activities, and shall approve the completion of registration by the applicant for a contribution solicitore C. If the Chief of Police finds a past history of the applicant indicting violations similar to those declared unlawful in this Section, or if he finds that to grant the applica tion is likely to result in a hazard or danger to persons or he shall recommend denial of the license or registration. In all matters of recommended denial the applicant shall be forth with advised thereof, and the application shall be referred to the Council and considered by it at its next regular or special meeting occurring more than ten (10) days thereafter. The applicant shall be afforded an opportunity to be heard at such meeting. Subd. 6. Duration of Contribution Solicitation Registration. Registration of contribution solicitation shall expire sixty (60) days after registration is approved. (Sections 5.31 through 5.34, Inclusive, reserved for future expansion.) ORONO CC 121 Ordinance 88, 2nd Series Adopted: 8-27-90 ORDINANCE NO. 2ig SECOND SERIES AN ORDINANCE AMENDING CHAPTER 5 OF THE ORONO MUNICH>AL CODE BY AMENDING SECTION 530, SUBDIVISION 3H. PROVIDING FOk EXTENSIONS TO THE 10-DAY LI^^T FOR TRANSIENT MERCHANTS LICENSES The CiQr Council of Orono ordains as follows: **H. Ajhransicnt merchant wll initially be licensed for a maximum of 10 days per calendar year. The City Council at its sole discretion may grant an extension for up to 50 additional days per calendar year upon application for an extension.^ Section 2. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publication. of 4 ayw and O^mys**** Orono, Minnesota on this 13th day of May. 2002 by a vote ATTEST: , /i. I/SLS^ Linda S. Vee, City Clerk Published in the Laker and Pioneer newspapers the week of June 8, 2002 lii ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING SECTION 5.30, SOLICITORS AND TRANSIENT MERCHANTS, OK THE ORONO MUNICIPAL CODE The City Council of the City of Orono ordains: SECTION 1. Ordinance Amended. Ordinance Section 5.30, is hereby amended by deleting the existing language and substituting the following language in its place: CHAPTER 5: PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS Subd. 1. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Canvasser” means a person who goes from house-to-house, door- to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain o^ers as discussed above. The term shall mean the same as the term “solicitor.” B.“Goods” means any tangible thing of value, but not including money, things in action or intangible personal property other than merchandise certificates or coupons. The term includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part of such property whether or not severable from such property. The term also includes merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be used in their face amount in lieu of cash, in exchange for goods or services sold by such seller. C. “Hawker" means a person who goes from house-to-house, door-to- door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares n^Mlircts, merchandise or other personal property that the person is carrying or otherwise transporting. The term hawker shall mean the same as the “peddler.” D. “Peddler” means a person who goes from house-to-house, door-to- door, business-to-business, street-to-street, or any other type of place-to-place, for the f! purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. The term peddler shall mean the same as the term "^hawker." E. “Person” means any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee. F. “Regular business day” means any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be counted as regular business days. G. “Services” means work, labor or services of any kind. H. “Solicitee ” means a person who is solicited. I. “Solicitor ” means a person who goes from house-to-house, door- to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person firom the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term "canvasser." J. “Transient merchant" means any person engaging in transient merchant activities. K. “Transient merchant activities” means the act of engaging in any temporary, intermittent, or transient sales or exchanges of any goods, wares or services to other than businesses by setting up an outdoor stand or structure, by using any truck, automobile or any other vehicles, or by using an empty store front for such purposes at any point or place in the city. Subd. 2. Exceptions to Definitions. A. For the purpose of *he requirements of this chapter, the terms PEDDLER. SOLICITOR, and TRANSIENT MERCHANT shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal property to a retailer of the items being sold by the wholesaler. The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall i they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. B. In addition, persons conducting the type of sales commonly knowr as garage sales, nunmage sales, or estate sales, as well as those persons participating in an organized multi-person bazaar or flea market, shall be exempt from the definitions of PEDDLERS, SOLICITORS, and TRANSIENT MERCHANTS, as shall be anyone conducting an auctimi as a properly licensed auctioneer, or any officer of the court conducting a court-ordered sale. Exemption from the definitions for the scope of this chapter shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Subd. 3. Licensing; Exemptions. A. County license required. No person shall conduct business as a peddler, solicitor or transient merchant within the city limits without first having obtained the appropriate license from the county if the county licenses peddlers, solicitors or transient merchants. B. City license required Except as otherwise provided for by this chapter, no person shall conduct business as either a peddler or a transient merchant without first having obtained a license from the city. Solicitors need not be licensed. C. Applicatioa Application for a city license to conduct business as a peddler or transient merchant shall be made at least 14 regular business days before the ^plicant desires to begin conducting business. Application for a license shall be made on a form approved by the City Council and available fix>m the office of the City Clerk. All applications shall be signed by the applicant. All tqrplications shall include the following information: 1. Applicant's full legal name. 2. All other names under which the applicant conducts business or to which applicant officially answers. Full address of applicant's permanent residence. 4. Telephone number of applicant's permanent residence. 5. Full legal name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or agent. any). 6. Full address of applicant's regular place of business (if applicant. 7. Any and all business-related telephone numbers of the a license. 8. The type of business for which the iq>plicant is applying for 9. The dates during which the iqiplicant intends to conduct business (maximum 10 days). 10. Any and all addresses and telephone numbers where the ^iplicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up business. 11. A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic ofienses. li:. A list of the three most recent locations where the ^plicant has conducted business as a peddler or transient merchant. 13. Proof of any required county license. 14. Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant. be provided. 15. Council. 16. the applicant: 17. IS. A general description of the items to be sold or services to 16. All additional information deemed necessary by the City a. Driver ’s license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; b. A military identification card issued by the United States Department of Defense; c. Passport issued by the United States; or d. In the case of a foreign national, by a valid passport. An expired photo ID will be accepted only with valid temporary permit showing renet^ al of ID is in process. k 18. The license plate number, registration information and vehicle identification number for any vehicle to be used in conjunction with the licensed business and a description of the vehicle. D. Fee. All applications for a license under this chapter shall be accompanied by the fee established in the Ordinance Adopting the Fee Schedule, which may be amended from time to time. E. Investigation, approval or disapproval. 1. Upon receipt of the completed tqjplication and payment of the license fee, the City Clerk, within two regular business days, must determine if the application is complete. An application is determined to be complete only if all required information is provided. If the City Clerk determines that the application is incomplete, the City Clerk must inform the applicant of the required necessary information that is missing. If the application is complete, the City Clerk must refer it to the chief of police, and by her/him or other person acting in his stead, investigate as to its truth, including background checks necessary to verify the information provided with the application, and as to any other factor which may result in a hazard or danger to persons or property. The chief of police shall have ten business days within which to investigate and make a recommendation. 2. If the chief of police finds no past history of the applicant indicating violations similar to those declared unlawful in this chapter, and if she/he finds that to grant the application is not likely to result in a hazard or danger to persons or property, he shall recommend issuing a license; and the City Clerk shall issue a license, upon payment of the fee, to the approved applicant. 3. If the chief of police finds a past history of the applicant indicting violations similar to those declared unlawful in this chapter, or if he finds that to grant the application is likely to result in a hazard or danger to persons or property, he shall recommend denial of the license. In all matters of recommended denial, the applicant shall be forthwith so advised; and the application shall be referred to the council and considered by it at its next regular or special meeting occurring more than ten days thereafter. The applicant shall be afforded an opportunity to be heard at such meeting. F. Duration. A transient merchant or peddler will initially be licensed for a maximum of ten days per calendar year. The City Council at its sole discretion may grant an extension for up to SO additional days per calendar year upon ^jplication for an extension. G. License exemptions. I. No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. 2. No license shall be required of any person going from house-to-house, door-to-door, business-to-business, street-to-street or other type of place-to-place when the activity is for the purpose of exercising that person's State or Federal Constitutional rights such as the freedom of speech, press, religion and the like, except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity. 3. No license shall be required of any person going from house-to-house, door-to-door, business-to-business, street-to-street, or other type of place-to-place when the activity is for a charitable, religious, political or educational organization if such organization is registered with the Secretary of State pursuant to the provisions of Minnesota Statutes 309.S2 as a charitable organization or is exempted therefore pursuant to the provisions of Section 309.S1S, and a majority of the membership are residents of the City. 4. Professional fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of this chapter. Subd. 4. License Ineligibility. The following shall be grounds for denying a license under this chapter: A. The failure of the applicant to obtain and show proof of having obtained any required county license. B. The failure of the applicant to truthfully provide any of the information requested by the city as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of application. C. The conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner. Those violations shall include, but not be limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. D. The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant. E. The applicant is found to have a history of poor business practices. Evidence of a history of poor business practices shall include, but not be limited to, the existence of more than three complaints against the applicant with the Better Business Bureau, the Attorney General's Oflice, or other similar business or consumer rights office or agency, within the prec''ding 12 months, or within the preceding five years. Subd. 5 Suspension and Revocation. A. Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following; application form. 1. Fraud, misrepresentation or incorrect statements on the 2. Fraud, misrepresentation or false statements made during the course of the licensed activity. 3. Conviction of any offense for which granting of a license could have been denied under Subd. 4. 4. Violation of any provision of this chapter. B. Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. C. Notice. Prior to revoking or suspending any license issued under this chapter, except in an emergency situation as prescribed in subdivision (E) of this section, the city shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. D. Public hearing. Upon receiving the notice provided in subdivision (C) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within 20 days from the date of the request. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision. E. Emergency. If, in the discretion of the chief of police or other person acting in his/her stead, imminent harm to the health or safety of the public may r occur because of the actions of a peddler or transient merchant licensed under this chapter, the chief of police may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in subdivision (C) of this section. F. Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. Subd. 6. Transferability. No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued. Subd. 7. Prohibited Activities. No peddler, solicitor or transient merchant shall conduct business in any of the following manners: A. Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. B. Obstructing the fixe flow of either vehicular or pedestrian traflic on any street, alley, sidewalk or other public right-of-way. C. Conducting business in a way so as to create a threat to the health, safety and welfare of any individual or the general public. D. Conducting business before 8:00 a.m. or after 8:00 p.m. E. Failing to provide proof of license and/or identification, when requested; or using the license of another person. F. No peddler or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license to that person. G. Transient merchant activities can only be conducted on commercially zoned properties. H. Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive. 8 aV iV / I Subd. 8. Exclusion by Placard. No peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall enter the prc^ierty of another for the purpose of conducting business as a peddler, solicitor or transient merchant when the property is marked with a sign or placard with the words 'Teddlers or Solicitors Prohibited" or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard under this section. Subd. 9. Violation a Misdemeanor. Every person violates a section, subdivision, paragrr^>h or provision of the Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and up conviction thereof, shall be punished as for a misdemeanor excq)t as otherwise stated in specific provisions hereof. SECTION 2. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. May, 2003. Adopted by the City Council of the City of Orono on this 27th day of ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Application for Peddler or Transient Merchant License Clicck One: Peddler Transient Merchant Fee: $100.00 Date Received: Applicant Information Legal Name: First Middle Last MN Driver's License Number (or other valid form of legal identification) - attach copy; Other names under which applicant conducts business; Permanent address; Sueet State Zip Telephone number of permanent address; Have you served a sentence in jail or prison or been convicted of a felony, gross misdemeanor or misdemeanor within the last five years for violation of any state or federal statute or any local ordinance, other than traffic offenses? You may answer "No" if the conviction or criminal records have been annulled, sealed, set aside, cr purged, or if you have been pardoned pursuant to the law.____No ____Yes If'Yes", please specify._______________________________________________________________ Business Information Full name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or agent:_____________________________________________________ Applicant's regular place of business (if any): Business-related telephone numbers:_____ Type of business: Description of items to be sold or services to be provided: Dates to conduct business (maximum 10 days): Address and telephone number where applicant can be reached while conducting business within the City: Address: ______________________________________________________________ street city/state Telephone: Three most recent locations where applicant has conducted business: Address: ______________________________________ street city/state Address: Address: Street city/state street city/state 2750 Kelley Pirkwiy. P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/wwwxitmmo.fiiLiis Application for Peddler or Transient Merchant License Page 2 Vehicle Information (for any vehicle to be used in conjunction with the licensed business) License Plate Number: Vehicle Identification Number: Registered Owner:________ Description of Vehicle: Year Make Model Color Additional Required Submittals Proof of county license (if required) Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant Copy of valid legal identification Payment of fee (check made payable to City of Orono) ORONO MUNICIPAL CODE SECTION 5.30 REGULATIONS ON PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS A. It is unlawful for any peddler, solicitor or transient merchant to: 1 . Call aUention to his or her business or items to be sold by means of blouing any horn or whistle, ring any bell, crying out, or by an other noise, so as to be uiueasonably audible within an enclosed structure. 2. Obstruct the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way. 3. Conduct business in a way so as to create a threat to the health, safety and welfare of any individual or the general public. 4. Conduct business before 8:00 a.m. or after 8:00 p.m. 5. Fail to provide proof of license and/or identification, when requested; or using the license of another person. 6. No peddler or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license to that person. 7. Remain on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive. 8. Enter, or attempt to gain entrance, to residential premises dispia>'ing at such entrance a sign with the words "Peddlers Prohibited" or other comparable statement. B. It is unlawful for any person to engage in peddler or transient merchant activities without completion of licensing. C. Transient merchant activities can only be conducted on commercially zoned properties. D. A peddler or transient merchant can only be licensed for a maximum of 10 days per >rar. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional requirements the Cit>' staff may have. Application fee of $100.00 plus actual costs up to $1,500 for processing of application will be applicable. Signature of Applicant:Date: 2750 Kelle> Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.iniLUS h, CityofOrono 27S0 KeUey Parkway P.O. Box 66 CrysttI Bay. MN SS323 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data”, we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. NAME:flrat middle last ADDRESS:house number Street DATE OF BIRTH: city state PHONE: zip month/ day / year 1 understand my rights as stated above. •Igaature date riOii ... REQUEST FOR COUNCIL ACTION —*»in m 7 2005 C^lVu^OfloA,o Date: 5/27/03 Item No: Department Approval:Administrator Revie>ved:Agenda Section: Name: Title: Stephany Good Chief of Police Item Description: LOGIS Police Records System and Assessment Exhibits: DISCUSSION I) The Local Government Information Systems (LOGIS) is a consortium of over 35 local Minnesota cities and most recently Bloomington, and Dakota County. LOGIS provides internet connectivity, and network services to the City of Orono, and a police records management system (RMS) to the Orono Police Department. 2) The members of the LOGIS cities in cooperation with LOGIS staff members designated a Software Selection Task Force (SSTF) and systematically evaluated integrated police records management/computer aided dispatch systems. The SSTF designed a software evaluation matrix and all departments had an opportunity to voice priorities and evaluate software. In December 2001, the SSTF determined that the product that most closely met the user needs was the “Printrak” RMS/CAD (Computer Assisted Dispatch) system. LOGIS advised the cities that there would be a significant cost for the purchase and implementation of the new RMS/CAD system. 3) In the fall of 2001, the Orono Police Department studied the cost/feasibility of going to a less expensive RMS and determined that there were many advantages to staying with LOGIS. One major advantage is that police records will be shared between the agencies. Currently, criminal history records are associated with name files through the State of Minnesota. Law enforcement agencies have to call each other to request specific case information, and mail or fax it to the requesting agency. Printrak will allow agencies to collect information in the same format and access it electronically. It will also provide the necessary interface with the State CriMNet system. When all agencies can share their data in a seemless way, it is like creating one large investigative team. For a Police Department like Orono’s with only one Investigator, it is a great benefit to be able to take advantage of the investigative resources of the other LOGIS Police Departments. I I In addition. Hennepin County is currently in the process of selecting a new CAD system. The LOGIS cities have been encouraging Hennepin County to acquire a system that can integrate the CAD system with the RMS, and specifically to acquire the Printrak system, which docs provide an integrated CAD and RMS. If Hennepin County does acquire the Printrak system. Orono and the other LOGIS cities will be in the best position possible for sharing police data. If Hennepin County selects a different system, the large number of LOGIS cities will provide the clout needed to ensure the Hennepin County system is integrated as effectively as possible with the Printrak system. 4) To continue to participate with the LOGIS RMS replacement plan, the City of Orono would be assessed $95,567 as its share of the cost of purchasing the new system. If this assessment is paid over three years there will be a 3% interest charge beginning in 2004. 5) The Printrak RMS is anticipated to be in place for at least ten years. The Police Department proposes to pay the assessment to LOGIS over the next three years, and to finance these payments over a six year period through an internal loan with a 3% interest rate from the PIR (Permanent Improvement Revolving) Fund. This will result in annual costs in the Police Department budget of approximately $16,500. COUNCIL ACTION REQUESTED I) Motion to approve the payment of the assessment for the LOGIS Printrak System in the amount of $95,567 plus 3% interest, to be paid to LOGIS over a three year period in 2003,2004, and 2005. 2) Motion to adjust the PIR Fund budget to reflect the initial payment to LOGIS in the amount of $31,856. x:\a9^\wpirm60\wpdoa\siieVcoufKn^^ 1 --------- REQUEST FOR COUNCIL ACTION WAV 2 7 2005 C'tvoforono DATE: May 23,2003 ITEM NO: 25 Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administnaors Report Item Description: Consider Execution of a Ground Lease and a Lcasc/Purchase Agreement relating to the Issuance by the Orono HRA of its Public Facility Revenue BondS'Rcsolution The Navarre Neighborhood Fire Station is proposed to be financed through a lease/purchase agreement with the HRA, in which the HRA sells bonds and the City agrees to pay lease payments to the HRA in an amount sufficient to pay the debt service on the bonds. At the May 27 Council meeting, Carolyn Drude, the City ’s Bond Consultant, will provide a resolution setting out the City ’s agreement to enter into a ground lease and lease/purchase agreement with the HRA. Council Action Requested: Motion to adopt a resolution setting out the City ’s agreement to enter into a ground lease and a lease/purchase agreement with the HRA to finance the construction of the Navarre Fire Station. Eitnict of Minutes of Meeting of the City Council of City of Orono, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Orono, was duly held at the was duly held at the City Hall, in the City of Orono, Minnesota, on May 27,2003, at 7:00 o’clock P.M. The following Members were present: the following Members were absent: ********* The Mayor announced that the meeting was convened for the purpose of considering the execution of a Ground Lease and a Lease Purchase Agreement relating to the issuance by the Orono Housing and Redevelopment Authority of its Public Facility Lease Revenue Bonds, Series 2003A (Fire Hall/Equipment) *** The Mayor then presented the proposals received at the offices of Ehlers & Associates Inc. prior to 12:00 o'clock Noon on May 27,2003. These were examined and found to be as shown in Exhibit A attached hereto. Member introduced the following written resolution and moved its adoption: J RESOLUTION APPROVING THE ISSUANCE AND SALE BY THE ORONO HOUSING AND REDEVELOPMENT AUTHORITY OF $2,500,000 OF ITS PUBLIC FACILIFY LEASE REVENUE BONDS, SERIES 2003A (FIRE HALL/EQUIPMENT) AND AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE AND A LEASE PURCHASE AGREEMENT AND CERTAIN DOCUMENTS RELATED THERETO WHEREAS, the City Council (the “Council") has determined that it is necessary and expedient that City of Orono, Minnesota (the “City”) finance the construction of a new fire hall and acquisition of fire equipment (the “Project"), under a Lease Purchase Agreement dated as of July 1. 2003 (the “Lease ”), to be entered Into between the City and the Orono Housing and Redevelopment Authority (the “Authority"); and WHI-RI* AS. the Authority Is to have a leasehold interest in the property upon which the Project is to be developed pursuant to a Ground Lease Agreement, dated as of July I, 2003 (the “Ground Lease"), between the City and the Authority: and WHEREAS, there has been presented to this Council an Ofilcial Statement relating to the oiYering of the Bonds, the Lease, the Ground Lease, and a Mortgage Trust Indenture, dated as of July I. 2003 (the “Indenture"), between the Authority and U.S. Bank National Association, as the trustee thereunder. NOW niEREFORE. BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The Indenture and the financing of a portion of the costs of the Project by the issuance of the Bonds described therein are approved. The offer of______________(the “Purchaser ”) to purchase the Bonds is hereby found and determined to be the be.st proposal received and acceptance of such otTcr by the Authority is approved. 2. 'fhe Lease and the Ground Lease (the “City Documents") are hereby approved, and the Mayor and the City Clerk or other appropriate officer are authorized to execute and deliver the City Documents on behalf of the City, in substantially the forms on file, but w ith all such changes therein, not inconsistent with applicable law, as may be approved by the oBlcials executing the same, w hich execution shall constitute conclusive evidence of the approval thereof. 3. The City Clerk and City Administrator are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of all proceedings and records relating to the City D(Kuments and to the right, power and authority of the City and its ofilcers to execute and deliver the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. -2- J 4. The Mayor, the City Clerk and other City officials and staff are authorized and directed to take all other actions, to execute additional documents and certificates, and to do all other things necessary to assure the expeditious completion of the construction of the Project and the financing thereof as contemplated hereby, and to pay all fees and expenses incurred in connection with the transaction. 5. The Official Statement relating to the Bonds, on file with the City Clerk and presented to this meeting, is hereby approved and the furnishing thereof to prospective purchasers of the Bonds is hereby ratified and confirmed. The Continuing Disclosure Certificate attached to the Official Statement is hereby approved and shall be executed by the Mayor and the City Clerk or City Administrator. The Continuing Disclosure Certificate constitutes a contractual obligation of the City. The motion for the adoption of the foregoing resolution was duly seconded by Council member ., and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t ■•1 ' ^ . "'Y- -3- i..___ j STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Clerk of City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held May 27,2003 with the original thereof on file and of record in my otTice and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $2,500,000 Public Facility Lease Revenue Bonds, Series 2003A (Fire Hall/Equipment) of the Orono Housing and Redevelopment Authority. WITNESS My hand officially and the seal of the City this of ., 2003. (Seal) City Clerk City of Orono, Miimesota Ml W2344 0I -4- __ •• ••*MQ REQUEST FOR COUNCIL ACTION may if 7 2003 Cl I y Uh ORO/VO DATE: May 23,2003 ITEM NO: 2(o Dcpartmciit Approval: Name RonMoorse Title City Administrator Administrator Reviewed: 0 Agenda Section: City Administrator's Report Item Description: Consider tlm Award of the Sale of S88S,000 General Obligation Sewer Improvement Refunding Bonds-Resolution At the May 27 Council meeting, Carolyn Drudr the City’s Bond Consultant, will present information regarding the results of the solicitatioi*^ proposals for the sale of sewer improvement refunding bonds, as well as a resolution awarding the sale of General Obligation Sewer Improvement Refunding Bonds. Council Action Requc! Motion to adopt a resolution regarding the award of the sale of General Obligation Sewer Improvement Refunding Bonds. 4^ . tr ■L ; i Extract of Minutes of Meeting of the City Council of the City of Orono Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Orono, Minnesota, was duly held at the City Hall in the City, on Tuesday, May 27,2003 at 7:00 o’clock P.M. The following members were present: and the following were absent: ^ 0 *♦ ♦ ♦♦ « « The Mayor announced that the meeting was convened for the purpose of considering proposals for the purchase of $885,000 General Obligation Sewer Improvement Refunding Bonds. Series 2003A. * « «* * ** * * 'fhe City Clerk then presented the propi>suls received prior to 12:00 o'clock Noon pursuant to the Terms of Proposal for the General Obligation Sewer Improvement Refunding Bonds, Series 2003A. fhesc were examined and found to be as follows: Name of Bidder Interest Rates SEE ATTACHED Purchase Price Member introduced the following written resolution and moved its adoption: RESOLUTION AWARDING SALE OF $885,000 GENERAL OBLIGATION SEWER IMPROVEMENT REFUNDING BONDS, SERIES 2003A, FIXING THE FORM AND SPECIFICA HONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT follows: BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as I. The proposal of (the “Purchaser”) to purchase the $885,000 General Obligation Sewer Improvement Refunding Bonds, Series 2003A of the City at a price of $______________plus accrued interest is hereby found and determined to be the best proposal received and shall be and is hereby accepted, said otTer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity (February l> Interest Rate 2004 2005 2006 2007 2008 2. To provide funds to refund the City's outstanding General Obligation Sewer improvement Bonds of 1993 (the “Prior Bonds”), which were issued to finance ___________(the “Improvements”), the City hereby determines that it is necessary and expedient to issue pursuant to Minnesota Statutes, Chapter 429 and Section 475.67, its negotiable General Obligation Sewer Improvement Retunding Bonds, Scries 2003A (the “Ronds”) in the aggregate principal amount of $885,000, dated July 1,2003, which Bonds shall bear interest at the rates above .set forth, computed on the basis of a 360-day year of twelve 30-day months, payable February 1, 2004 and scniluiuiually thereafter on February 1 and August 1 in each year, and shall mature serially on February 1 in the years and amounts, without option of prior payment, as follows: iEir ■ I Y?ar Amount 2004 $160,000 2005 180,000 2006 185.000 2007 180.000 2008 180,000 The Bonds shall be numbered R-l upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds, the Registrar's Authentication Certilicate and the form of assignment shall be in substantially the following form; UNI I liD STATES OF AMERICA STATE OF MINNESOTA COIJN l Y OF HENNI-PIN CITY OF ORONO No.$ GENERAL OBLIGATION SEWER IMPROVEMENT REFUNDING BOND, SERIES 2003A Interest Rate Maturity Date of Original Issue July 1,2003 CUSIP Registered Owner: Principal Amount: The City of Orono. Hennepin County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, without option of prior payment, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay tc the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from July 1,2003, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February I and August 1 of each year, commencing Februar>’ 1. 2004. until said principal amount is paid. Principal is payable in lawful money of the United States of America at the ofllce of U.S. Bank National Association, in St. Paul, Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days ’ notice to the registered owners at their registered addresses. Interest shall be paid on each February I aittu and August I interest payment date by check or draft mailed to the person in whose name this B<md is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person’s address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. During such time as this Bond is registered in the name of Cede & Co., as nominee of Depository Trust Company New York, New York ("D fC”), the method of payment, notice of redemption and certain other matters are subject to the terms of a Blanket Letter of Representation executed by the City and DTC as such Letter may be amended from time to time. This Bond is one of an issue of Bonds in the aggregate principal amount of $885,000, alt of like date and tenor except as to maturity, interest rate and redemption privilege, issued pursuant to and In full conformity with the Constitution and Laws of the State of Minnesota, including Section 475.67 and Chapter 429, Minnesota Statutes, for the purpose of providing funds to refund the City's outstanding General Obligation Sewer Improvement Bonds of 1993 which were issued to finance sewer improvements identified in the Resolution described below; and this Bond is payable primarily from special assessments levied with respect to such improvements, but this Bond constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy ad valorem taxes on all taxable property in the City, if required for such purpose, without limitation as to rate or amount. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bonds of this series adopted May 27,2003 (the "Resolution") only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner’s duly authorized attorney, upon surrender of this Bond for transfer at the ofticc of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner’s duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds of this series arc issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the Registered Owner or the owner’s duly authorized attorney upon surrender thereof to the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, hav e happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. 1his Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Orono, Miimesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. Dated; July I, 2003 (Facsimile SiimatureJ Mayor (Facsimile Si^mature) City Clerk Bond Registrar ’s Certificate of Authentication and Registration This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Orono, Minnesota. U S. BANK NATIONAL ASSOCIATION Bond Registrar Authorized Signature 1 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and u-ansfers unto __________________________________________________________ (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints______________attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please insert Social Security Number or other identifying number of Assignee Notice; The signature to this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. 4. The Bonds shall be pajable upon presentation at the olTice of U.S. Bank National Association, in St. Paul, Minnesota, as Registrar and Paying Agent, or at the oft ices of such other successor agents as the City may herealler designate upon 60 days' mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draO of the Registrar mailed to the registered owners at their addresses shown on the registration books on each inio'cst payment date unless other arrangements satisfactory to the Bond Registrar the City and the registered owners of Bonds are made. The City shall Jeposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. Ilie Bonds shall be prepared in typewTitten or printed form under the direction of the City Clerk and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as of July 1,2003, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest pa>Tnent date on which interest was paid or duly provided for. When the Bonds shall have been so prepared and executed, they shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre & Benson, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 6. (a) For purposes of this paragraph 6, the following terms shall have the following meanings: "'Beneficial Owner" shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean Depository Trust Company New York, New York. “Participants” shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Blanket Letter of Representation from the City to DTC, heretofore approved by this Council. (b) The Bonds shall be initially issued as separate authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat Dl'C (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any re.sponsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through D fC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered ow-ner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or an^ Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by D fC as registered owner of the Bonds, llie Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the e.xtent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that D fC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (0 hereof (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DI'C and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with subparagraph (t) hereof D fC may determine to discontinue providing its serv ices with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (I) hereof (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registerec' in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to D'fC as provided in the Representation Letter. (e) The e.xecution and deliver>’ of the Representation Letter to DTC by the Mayor or the City Clerk, is hereby ratified and confirmed and the terms of the Representation Letter are made applicable to the Bonds. The Representation Letter incorporate by reference certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (I) In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or (c) hereof such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 7 hereof 7. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an olTice or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said olTice of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more liilly 8 1 registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the otTice of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of e.\changing Bonds or transferring fully registered Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufl'icient to reimburse it for any tax. fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February I or August I interest payment date. 8. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 1 5lh day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for. on any interest payment date shall forthwith cea.se to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder: and such defaulted interest may be paid by the City in any lawful manner, if. after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. i ^ i ' ' ' 'J i 10. There is hereby created a special fund, to be known as the Refunding Bonds of2003 A Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal of and interest upon the said Bonds shall become due and payable and there are insuHlcient moneys in said fund to pay such principal and interest, the City Treasurer is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of special assessments for the Improvements. I'he proceeds of the Bonds herein authorized shall be deposited in a separate Improvements account to be used with other available funds, solely for the redemption of the Prior Bonds on August 1,2003. Any remaining proceeds may be used for any lawful purpose. All future collections of special assessments for the Improvements are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bonds herein authorized, and the moneys and investments in the Refunding Bonds of 2003 A Fund shall be used for no other purpose than to pay principal and interest on the Bonds until such principal and interest shall have been paid in full; provided, however, that nothing herein contained shall prevent the issuance and sale of additional bonds payable from the proceeds of such assessments to provide additional funds to pay the balance of the cost of said Improvements. The City is hereby authorized to levy assessments for any of said Improvements for which special assessments have not heretofore been levied. The City Treasurer may create separate accounts within the Refunding Bonds of 2003 A Fund for any capitalized interest and for assessment prepayments. II. It is hereby found and determined that the estimated collection of pledged special assessments will produce at least five percent in excess of the amount needed to meet when due the payments of principal and interest on the Bonds and that no taxes are initially required to be levied; but the Bonds are general obligations of the City to which the full faith, credit and unlimited taxing powers of the City have been and are hereby pledged; and the City Council shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the principal of and interest on the Bonds when due. 1 2. The City Clerk is .‘uthorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Sewer Improvement Refunding Bonds, Series 2003A and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 1 3. The Official Statement relating to the Bonds, on file in the office of the Clerk and presented to this meeting, is hereby approved and its designation as a “near final” Official Statement for purposes of Rule 1 5c2-1 2 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the Ofikial Statement is hereby approved and shall be executed and delivered in connection with the delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. ('I '}> « 14. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the **Code"), by the ISth day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 15. The City shall not take or permit any action that would cause the Bonds to be ^'private activity bonds ” within the moaning of Section I4I of the Code. The City shall comply with the rebate requirements imposed under Section 148(0 of the Code and regulations thereunder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The City Clerk and City Administrator of the City is hereby authorized to make on behalf of the City all elections that they may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of ftmds that would cause the Bonds to be “arbitrage bonds ” within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 15 shall have the meanings provided in the Code and regulations thereunder. 16. The Bonds are hereby designated qualified tax exempt obligations for purposes of Section 265(bX3) of the Code. 17. The Prior Bonds are called for redemption and prior payment on August 1,2003 and the Clerk shall give notice thereof as required by law and the terms of the Prior Bonds. In addition to the proceeds of the Bonds, funds available in the accounts maintained for the Prior Bonds are appropriated for that purpose. 18. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Hennepin County, and obtain the County Auditor's certificate as required by law. The motion for the adoption of the foregoing resolution was duly seconded by Member______________upon vote being taken thereon the following vot^ in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. L ‘r STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF ORONO ) I, the undersigned, being the duly qualifled and acting City Clerk of the City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held May 27,2003 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $885,000 General Obligation Sewer Improvement Refunding Bonds, Series 2003A of said City. WITNESS My hand officially and the seal of the City this_of ,2003. City Clerk City of Orono, Minnesota (Seal) Ml 9923S4.0I i I ‘i BID TABULATION $885,000 General Obligation Sewer Improvement Refunding Bonds, Series 2003A CITY OF ORONO, MINNESOTA SALE: May 27,2003 AWARD: UNITED BANKERS BANK ' i RATING: Moody’s Investors Service ‘Aal BBI: 4.30% NET TRUE NAME OF BIDDER MATURITY (Febniaiy 1) RATE REOFFERINO YIELD PRICE INTEREST COST INTEREST RATE UNITED BANKERS BANK 2004 1 100%1 100%$881,681 25 $41,158 33 1.7705% Bloomington, Minnesota 2005 1100%1 100% 2006 1.300%1 300% 2007 1.700%1.700% 2006 2.000%2.000% UMB BANK. N A 2004 1.100%$882.433 50 $42,846 92 18423% Kansas City, Missouri 2005 1.250% 2006 1.500% 2007 1.800% 2008 2.050% CRONIN & COMPANY. INC 2004 2.000%$893.982 90 $43.27960 1.8441% Minrteapolis. Minnesota 2005 2.000% 2006 2.000% 2007 2,250% 2008 2.500% COMMERCE BANK. N A 2004 1.100%$880.44225 $43.566 29 1.8762% Kansas City, Missouri 2005 1.200% 2006 1.350% 2007 1.800% 2008 2.000% U S BANCORP PIPER JAFFRAY 2004 2.000% $885,000.00 $46.525 00 1.9996% Minneapolis, Minnesota 2005 2.000% WELLS FARGO BROKERAGE SERVICES LLC 2006 2.000% Minneapolis. Minnesota 2007 2.000% 2008 2.000% ROBERT W. BAIRD & COMPANY. INC.2004 2.000% $888.620 50 $47,610.75 2.0383% Milwaukee, Wisconsin 2005 2 000% 2006 2.000% 2007 2.250% 2008 2.375% LEAD £ R S IN P U B L 1 C F 1 N A N C €EHLERS A ASSOCIATES INC 3060 Centre Pointe Drive. Roseville, UN 55113-1105 651 697.8500 fai 651.697 8555 www ehlers-inc.com Offices in Rose¥iH§. UN. Brockfietd, Wt and Neperviffe, IL Orono. MN $2,000,000 G.o sewer improvement Bonds Series 8/1/92 PRIOR ORIGINAL DEBT SERVICE Date Principal Coupon Interest Total P«l FISCAL TOTAL 8A)1/2003 .• 2A)1/2004 155.000.00 5100%22.627.50 177.627.50 177.627.50 8A)1/2004 --18.675.00 16.675.00 • 2A)1/2006 165.000.00 5200%16.675.00 163.675.00 202,750.00 8A)1/2005 •-14.565.00 14.565.00 . 2/01/2006 175.00000 5 300%14.565.00 169.565 00 204.170 00 6/01/2006 •-9.947.50 9.947.50 • 2/01/2007 160.000.00 5.400%9.947.50 169.947.50 199.695.00 6/01/2007 --5.067.50 5.067.50 . 2A)1/2006 165.000.00 5500%5.067 50 190.067.50 195.175.00 Total 860.000 00 •119.817.50 970.617.50 - YIELD STATISTICS Average Ufa................................... Weighted Average Maturity (Par Basie). Average Coupon............................. 2 671 Years 2.671 Years 52170174% REFUNDING BOND INFORMATION Relijnding Dated Dale.... Refunding Delivery Dale. 7/01/2003 7/01/2003 Ehlers & Assodates, Inc. Leaders in Public Finance since 1955 File « Orono.sf-Ser 92 S2.000K-SINGLE PURPOSE 5/27/2003 12:13 PM $2.1 Orono, MN FINAL - Current Refunding of 0.0 Sewer improvement BondsI • 111 I I _______________DEBT SERVICE COMPARISON________________ Paf_______Total P*l NXN>wD/S OdNttCVS_______Savmga FISCAL TOTAL 7/01/T003 ..... 2A)1/2004 167,469.58 167,469.68 177,827.90 10.357.92 10.357.92 8«1/2004 5,522.90 5,522.50 16,875.00 13,352.50 2A)1/2005 185,522.50 185,922.50 183,879.00 (1,647.50) 11,705.00 wvrxa 4,532.50 4,532.90 14,585.00 10,052.90 28)1/2008 189,532.50 189,53290 169,989.00 52 50 10,105.00 88)1/2008 3,330.00 3,330.00 9,947.90 6,617.50 28)1/2007 183,330.00 183,330.00 189,947.50 6,617.50 13,235.00 88)1/2007 1,800 00 1,800.00 5,087 90 3,287 50 28)1/2008 181,600.00 181,80000 190,08750_______8,287.90_______11,575.00 Total 922,839.56 922,839 58 979,817 50 56,977.92 _______________• PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Grou PV OaM Saivioa Sawinga.............................................................................. 53,566.52 NalPVCaaMlowSavinatQ 2.664H(AIC)............................................................... 53,566.52 ConOnflancy or Rounding /Vnount........................................................................... 2,775.32 NET PRESENT VALUE BENEFIT............................................................................ $56,341.84 NETPVBENEFrr/ $860,000 REFUNDED PRINCIPAL............................................ 6.551% l«T PV BENEFIT / $885,000 REFUNDING PRINCIPAL.......................................... 6.366% REFUNDING BONO INFORMATION RaDjndIng DaNd Data............................................................................................ -'.01/2003 RafundlngDolivafyOala........................................................................................ 7/01/2003 Ehlara&Aa30Ciaiaa.lnc. File-Orono.ar-03 Cur Raf of Sar 92 $2,000K GO SwrlmprvBda-SINCSLE PURPOSE Laadara in PubHc Financa alnoa 1955 9/27/200312.13PM : -i ■ - * 1 1 REQUEST FOR COUNCIL ACTION PrM...... ..-—-**4(1 MAY 2 7 2003 envoi- UfiONo DATE: May 22,2003 ITEM NO: ^7 Departroent Approval: Name Lin Vee Title City Cleik Administrator Reviewed: Item Description: List of Licenses for Councfl Approval Agenda Section: Licenses GARBAGE HAULER i.Baldy Sanitation, Inc. 5906 Henry St. Maple Plain, MN 55359 4.Randy’s Sanitation, Inc. 4351 U.S. Hwy 12SE Delano, MN 55328 2.BFI Waste Systems of North America 9813 Flying Cloud Dr. Eden Prairie, MN 55347 5.Veit Container Corp 14000 Veit Place Rogers, MN 55374 3.Blackowiak & Son, Inc. 1195 Sunnyfield Rd. N. Mound, MN 55364 ONE DAY GAMBLING PERMIT - RESOLUTION 1.Hope Chest for Breast Cancer Foundation 3850 Shoreline Drive June 7,2003,10:00 a.m. - 2:00 p.m. SPECIAL EVENT PERMIT At their April 28,2003 meeting. Council approved a special event permit for Steiner and Koppciman to participate in the Luxury Home Tour for the property located at 2795 Pheasant Road. Since that time, the City has received a number of phone calls from neighbors with the following concerns: - Narrowness of the street and dead-end cul-de-sac restrict the flow of parking, especially with parked cars on the side of the road. Dead-end street makes the traffic flow difficult. • Parking along Pheasant Road will be difficult without encroaching on grassed areas, which may cause damage to lawns. - Safety issues since there are many children and much activity in the neighborhood. - 3 prime weekends for use of the lake by residents and their guests. - Joint use dock is used by many neighbors who often park and leave cars in the cul-de-sac to unload coolers, etc. for boating activities. - Graduation party is scheduled. • Garbage day falls on Friday. i r Request for Council Action continued Page 2 of 2 May 22. 2003 Licenses Although the applicant was provided with a letter to be used to notify the affected residents of the event, and of the Council meeting at which the permit application for the event would be considered, the residents did not receive the letter prior to the Council meeting. Staff has reviewed the neighbors concerns and recommends that the permit be revised by requiring the builder to provide shuttle service to the event, and provide signage indicating that no event parking is allowed on Pheasant Road with directions for use of the shuttle service. 1.Applicant: Event: Lccation: Date: Time: Steiner & Koppelman 2003 Luxury Home Tour 2795 Pheasant Road June 6 - 8,13 - 15, & 20 - 22 (Fridays, Saturdays & Sundays) Fridays 1:00 p.m. - 7:00 p.m., Saturdays & Sundays 11:00 a.m. - 6:00 p.m. COUNCIL ACTIO.S REQUESTED: Motion to approve/deny the above listed licenses, with conditions if desired. i • • •• 0 / CityofOroDO Box 66 (2750 Kelley Paikway) Ciystal Bay, MN 55323 (952) 249^600 License Year . Date Received' Fee Paid Initials ID Garbage & Refuse Collector's License Application tlie undersigned wishes to operate the indicated business in the City of Orono acd herewith makes applications for a license to do so. Business/Finn. Address S/)aJi r/t T//?/j yAJd. . (Street) (City) Business Phone Number Applicant's Name_______d.^/^tG- Address (State)(Zip code) Phone Number (Street) (City) (State) (Zip code) Check One:Individual Partnership ^Corporation Number of Vehicles to be used in Orono Description of Vehicles (attach list if more): Year Mfer. Gross wt Rear Axle Wt. A.‘6~ B7rrr > /rn Size/Yards y>s License Number y/i-A-' o ni:^^ General area of City served Schedule of Collection charges/ dates Approximate number of customers in Orono Location of dumping area IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING: ■ Surety bond in the amount of $ 1,000. ■ Proof of insurance in the amount of $100,000 • $300,000 • $30,000 and 10-day cancellation clause. ■ Annual fee is a 550.00 flat rate fee, plus SI5.00 per truck, and a 530.00 transfer fee (if applicable). I am the owner and operator of the above business and I have paid all license fees and ta.xes required by law. I have verifled that the above information is correct. '•■gjiSturc yApplicant Sigjfeture / Date FOR^flY USE ONLY: After review of application, suff recommends: __2_Aprrova|^ ____Denial ____Other (specify) Signt^^Cify^^^ A I City ofOroDO Box 66 (2750 Kelley Parkway) Crystal Bay, MN 55323 (952) 249-4600 License Year /Ac^ 200^ ' Date Receive^ 5/t/o?> Fee Paidt]f<>^ Initials (in Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Firm Veit Container Corp dba Veit Disposal Systems Address 14000 Veit Place Rogers MN 5b3/4-95HJ (Street) Business Phone Number 763-428-2242 (City)(State)(Zip code) ADolicant's Name Steve Halgren Address 14000 Veit Place Rogers MN (Street) Phone Number 763-428-6710 (City)(State)(Zip code) Check One:Individual Partnership XX Corporation Number of Vehicles to be used in Orono Description of Vehicles (attach list if more): Year Mfer. Gross m. Rear Axle Wt. ______ ______ SEE ATTACHED SiieA^ards License Number General area of City served As Requested Schedule of Collection charges/ dates As Requested Appro-ximate number of customers Li Orono NA______ Location of dumping area Vonco Landfill. 19000 County Road C ble Lake Township 5530 IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWL'tG; ■ Surety bond in the amount of Sl.OOO. ■ Proof of insurance in the amount of $100,000 - $300,000 - $50,000 and 10-day cancellation clause. ■ Annual fee is a S50.Q0 flat rate fee, plus $15.00 per truck, and a S3C.00 transfer fee (if applicable). 1 am the owner and operator of the above business and 1 have paid all license fees and ta.xes required by law. 1 have verifledthat the above information is correct 4-23-03 Appftcint SibtatufeV Steve Halgren Date FOR^TY USE ONLY; After review of application, staff recommends: tr Approyq) ____Denial ____OAer (specify) \ City of Orono 2003 Veit Container Corporation dba Veit Disposal Systems Year Loaded Grots Make Weight City of Orono - 2003/04 License Rear Axle Co.Veh Weight « Size/ Yards 8t License Plate# 1998 Mack 46000 1996 Mack 46000 1096 Mack 46000 12000 130 10,20,30,40 12000 167 10,20,30,40 12000 168 10,20,30,40 YAP6173 YAF8276 YAF8278 f: I- * Veit Container Corp dba Veit Disposal Systems 2000-2001 License Pagel .. ... ■:• . » I City of Orono Box 66 (2750 Kelley Parkway) Crystal Bay, MN 55323 (952) 249^600 License 'fw .} Date Received l^ftnitiaUl^Fee Paid Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Busioess/Firm, Address BFX yVftSTtr SysICtAS cf fvloftfK ^*^13 OM- Ck. 6CcuFtA‘tiii r^Jj ./fith ed Business Phone Number 553y7 (City)(State)(Zip code) DflNApplkinfs Name__ ______________________ Address ____"7<cCr CCv^>^^v.ClO^^ f)n.. Pfrsgor (Street) Phone Number Q 5^- ‘IBS' (City)(Sute)(Zip code)0 Check One:Individual Partnership Number of Vehicles to be used in Orono __ Description of Vehicles (sttacl^Jisti£more): Year Mfgr. ( GrossjytTI^ r^^ear Axle Wt^ j Corporation 1 r}S^ r/' Sizc/Yards License Number sfinsra^. General area of City served /!ify Liyii'i’S Schedule of Collection charges/ dates fii • rwCfv)‘»/lly - Ot'.yC Approximate number of customers in Orono QP Location of dumping area HCNm IN ORDER FOR THIS APPLICATION TO BE PROCESSED. YOU MUST INCLOSE THE FOLLOWING: ■ Surety bond in the amount of S1,000. ■ Proof of insurance in the amount of S100.000 - S300.000 • $50,000 and lO-day cancellation clause, a Annual fee is a 550.00 flat rate fee, plus $15.00 per truck, and a $30.00 transfer fee (if applicable). 1 am the owner and operator of the above business and I have paid all license fees and ta.xe$ tequired by law. I have verified that the aboveinformati^ is correct. S-tS-03 Applicant Si Date FOR^efTV USE ONLY: After review of application, suff recommends: Approval Denial Other (specify) Signaturep^it^fflcial U |UU|d AdfiM ..■-.cdrtll. .41 dFt Tlivu^ 2063 VEHICLES PROPOSED TO BE USED X.***-.** •» y-y '*"r . riP\7j^ , 1 - . 1 P..4 M .« | ^•. :{ ^ j 'C < ■ -7; 3 1 2 t>4 isSSSipiEirf^i 1.m 9^194 ‘^3^0 /mu:.9S Ra U tfp 2.V/lJ Aid,]/XajTL ^0 Rbaa Load 3.J*Yfil ^i7^8 45I(/>./ .♦r XuTl R laa Infi.a 4.vm 2403.Aoi /Xa/T^KAfiA Lmi> 8.Ym ^hoh /i05 /"Tk ITL ox /Pha ^Lmi^ 6.y/!n nib m /^hJTL ,. O)Re/iA itfic 7.VAf/\ .6092 C>^(c>/^hyri^Rartfi Lcaa 8.Y a A *?77^A27 /'ChJTL Rilui Pac.kif- 9.w A(m ^QD /roBD no /n/Ai. Pfl(.ui^ 10.YAP uin ^9 //rodo /?/.v< pAdPiA- 11.YAP UlAo CY9X /FORD 12.YM QOiPiX q3(-/A^I/tClC QQ FPorji Et*0 13.•u 14.1______3 IS. 16. 17. 18.••1 19. « 20.4' II 21. 1: Hir-<4. 2003 ll:40AM OFI Wlslt Sttvicts TfiUCk** •i 5 6, 7 3 • • ••• • • •:9 fO II la • • •• •• •« BFI Vmits as 35 13 35 ao as II • • •6 6 MO 63^000 5‘lyOCP 33^600 SMyOOD 5MyO«o afc la |9,ooo 6ly500 No.3608 P. 2 RcAf^ Me ^%ooo Mo^obo i<o,obo S^pod ^0>ceo 33,«» <i0^oc* nsoo 13,000 13,000 13,000 HlfOoo • • • • • •• City ofOrono Bos <6 (2750 Kelley Parkway) Crystal Bay, MN 55323 (952) 249-4500 License Year ZOO^ ' 2C>o^ Date Received" *•*/ 34- /o 3 Fee PaidjjoU Initials ^ Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Finn B1a«e«wialr S. Snn Tiv» Bnllnff Steryirw ______ Address no*, amnyflwid nd M Mound ______W (Street) (City) (State) 55364 Business Phone Number (952)472-3398 (Zip code) Appi-canfsName Frarik n m;>rfcnariair Address 1155 ftirtmrrioiA 'IM M (Strci SS3M (Sheet) Phone Number (952)472-2977 (Citj>)(State)(Zip code) Check One:Individual Partrership Corporation Number ofVehicles to be used in Orono 4 Rollof f Trucks Description ofVehicles (attach list if more): Year Mfer. Gross wt Rear Axle Wt. Size/Yards 19Z Fri»4g*ifr-Hn«»-g 36,380 - a »iv« 8-12-20-30-50706 •JO FmiahLliner 2Q«24D 8 ttan B-12-t20YDS •jaa Inkecoatianal 2W,aan a «Pnn 8-I2-20-3O-50YES *99 International 28,880 8 llcin 8-12-20-30-50yD6 General area of City served all of Orono area_________________________ License Number YM06236 YRF6641 YMB139 YMSISIS (SPARE m NDIE: (%ace tnidr used only when break douns) Schedule of Collection charges/ dates _____________ _________________________ jam- ap ply Appro.ximate number of customers in Orono ifcit- »|yi y Location of dumping area ii»»m Plant In Brooklyn l^rlc,W IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING: ■ Surety bond in the amount of S1,000. ■ Proof of insurance in the amount of $100,000 • $300,000 • $50,000 and lO-day cancellation clause, a Annual fee is a S50.00 flat rate fee, plus 515.00 per truck, and a S30.00 transfer fee (if applicable). I am the owner and operator of the above business and I have paid all license fees and ta.xes required by law. I have verified that the above information is correct. licant Signature ITY USE ONLY: After review of application, staff recommends: Approval ^ ____Denial ____O^er (specify) haV-Sigmtur^y City Officia:ia^/ (K IL r-'- e. -• ^ . CityofOrono Box 66 (27S0 Kelley Parkway) Crystal Bay, MN 55323 (952) 249^600 License Year ' Date ReceivedT^^^Fj^ Fee Paid nO"”ln»tiais O ‘•0 Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Firm Rnrvtly'^ 4af<0ri Tfjc . Address • LI .S. K f-/3> SE" t>ihr\0 Mn SS3^P (Street) ' (City) Business Phone Number f 7L3) 9 7jt -333 S' (State)(Zip code) Applicant's Name Address So/mti Phone Number Check One: (Street) SkO/m€-__ (City)(State) (Zip code) Individual Partnership Corporation Number of Vehicles to be used in Orono a____ Description of Vehicles (attach list if more): Year Mfgr. Gross wt. Rear Axle Wt.Sixe/Yards License Number ,ajlL Y.f/ General area of City served____ Schedule of Collection charges' dates Approximate number of customers in Orono /f/fys' Location of dumping area Kior^i ’K 1^, GfiOvO___________ IN ORDER FOR XmS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING: ■ Surety bond in the amount of Sl.OOO. ■ Proof of insurance in the amount ofSIOO.OOO - $300,000 • $30,000 ar'' lO-day cancellation clause. ■ Annual fee is a SSO.OO flat rate fee, plus $15.00 per truck. an.s^^p-nr -?»■■■■ r r , py npplirahlf) I am the owner and operator of the above business and I have paid all license fees and taxes required by law. I have Applicant Signature ^^5/03 FORjCITY USE ONLY: After review of application, staff recommends; Approvql^ ____Denial ____Ofter (specify) Sigaatuf^f Ci^ Offi^l/ 1!^ ..........pt¥r Ji.Oil.k Oji-,___.. .Ju, .=*(- _____n. 3S //A. I S3 i^O id" 3 '.:.'.‘II^SeXo(..... .: ‘ff F-*^ d PLhkf^i,. L! 'n 'tHiuiA.. _ u .'?f 'Oo Pefcrfci /f :: ' if Pckrhi k S/^cc^ _ ^t^ooo S7,oco^ Afoeo 43,000 63 Ooo i (>3 COO .53 /4’o_____ <33,000 v#7# '03 -3f.(S» <?pO Ho coo t{c,0oo fO,coo A3.0OO 6U)e.\j, <^.C-Y' 3o c.y. ¥3 c p . ^34 c./, . if cy «*' • • /flM 6y ymi)H y«K*/rf yfl«6‘i y/i«^/, yflH<P(( yn« <f/< yAW75 A RESOLUTION APPROVING THE APPLICATION OF HOPE CHEST FOR BREAST CANCER FOUNDATION FOR A ONE DAY MINNESOTA LAWFUL GAMBLING EXEMPT PERMIT WHEREAS, the Hope Chest for Breast Cancer Foundation 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 Hope Chest for Breast Cancer Foundation proposes to conduct a one day gambling activity (raBle) as part of the Women of Hope Brunch to be held at 3850 Shoreline Drive on June 7 2003; and WHEREAS, the Hope Chest for Breast Cancer Foundation is required to obtain approval of the gambling activity from the city in which the activity will occur. NOW, THEREFORE, BE IT RESOLVED, the Orono City Council docs hereby approve the application for a Minnesota Lawful Gambling Exempt Permit for the Hope Chest for Breast Cancer Foundation to conduct a one day gambling activity (raffle) at 3850 Shoreline Drive on June 7,2003. Adopted at a regular meeting of the Orono City Council this 27th day of May, 2003. ATTEST:Barbara A. Peterson, Mayor Linda S. Vec, City Clerk of* ' '.i. .1- '•'r . II i ■ ■■ f . liil>tl>2D0S 02:llt« Frot-CITY OF HSM4I4I1I T-4li FM2/S0I FHSI Dat»KMthr«d siaooFM_42^ City of Orono Application for Gambling Activity a FnniMS Rtsewal Eflircttvc Dales:__ OnC'Day Lawfol CambliBg Exempt ' Effective Date: a niBsa a FaMImrbeeli a Pidl-TalM ^ Raffle a Tipboards Phone AppUcaat M T( - g7.QA AfiUiatimi witti Orgamzat Addicts Phone _______ • r ^ ^ ^ I a AT EstabUshment ^ere Gambliag will be Coaducted Address............ ....... i* PropenyOwner . \ Gambling Manage! ------ # A u T (ffnO (--sat)(tato Phone Kame/Description of Event WJ ? t>r^ — ^----H -a.^R r Day(s) c ‘ Operation Hours of O^ration n 7.O0.3 JLO-^ ^****^ Copy of permit application from the Minnesota State Oambling Control Board o Sketch plan of area being leased for gambling activity S 23 of lla Orono Munieipd Code and any sMikNial raquhcnumi Ac City adTimar have. Signature of qtpUcaat: <|:lrc.rv~«£.Date / 2750 Kelhy failmay. P.O. BoKdd,CiyMlBiy. MK 55323 Pbona: 052-249-4000 / Fan; 9S2*249-4dld/aftMt eL<irO0oain.iis ikylMUi Killi OF OMM ♦M2t4l4|ll THil F.NI/MI MSI cmrof <MiONo nSOMIqrNrtMV OioM. MN 893M Cmttlqb m SS323 DATA PMVACV APVMORY IiiaccafdmcewiihM.S. 13.04,Sub4.2,*RifbiiorsttbjeGtsefd«ii*,wBwouldlilGBioiiiionayootety<ow request for A permit or license ftom th* Chy of Orono or any of its deputnents m^y to fioniih certain prWate or confidential infbrmation. You are notified that: 1. The information you Aimish will be used to determine your qualificatioo for the permit or U ccdm requested. 2. You mi^ refuse U) supply data, but refusal may require that the City deiqr the permit or li 3. Tbe Infbnnatkm may be shared widi other local, sute or federal agwocies to the extent neceasan^ to process tbe permit or license. 4. If your requested permit or license requires Council action to approve, aotne ioformation may baeoma public. 5. You have oenaio rights under M.S. 13.04 to review private data on 6. Your ftill name is required to process this application or permit. NAMFi _____________sSrmt^___^ first t iRtfSSr heesc number i —Deis/,lb 'Jatreet h O.jf Ofttf SMI eky ’ DATE OF BIRTH: stale /■I 1 H PHONE moatik/ day / year I understaiid my rights as stated abovA = CiS3.- “iyi-sx^o 4lU QZ date Mephana (H2) 24MM • Dm <pa> MMili I If - MRy-20-2003 14:29 GPH6LING COITROL BQRRD C>51S394e73 P.02/09 Minnesota Lawful OambUng L6220 - Application for Exempt Permit Fae-$25 Oroanintion Infpmiationumangai ppj» 1 of a Mi rui¥TiiiUwUi» TC»Cu>B5Pg5S6BaM«wplanm^ Gtrad 7vS 5^Vvcf*.l<c\j~T}r' Or L^iLjc\f Cly tc, StataOtpCoda Nam* of chief easouOve offlow (CEO) FMiwma S Laatnam* FMnama Laetnonte J l6p Nr Dqiaw phone numbar of CEO ■5'5'2 -^7t-S10'» DaitnM phono number Of TVpa of Nonprofit dpoanizalion Chock th# box that beat describee pouro/gartraton; Ol Fratamal O R^ioua r~l Veteran Q3 Other nonprofit organbatlon Check the box (hat kidteatoa the type of proof your ofyaniz^ion a^^^chod to Ml appfcaBon; IRS letter indicating income tax exempt status leftfficate of Good Standing from the Minnesota Secratary of State's P) A charter ahowing you are an afliato of a parent nonprofit organbabon Q Proof pravioualyaubmttod and on fie wth the Oambing Control Board • .nr' Cambling Premlo— Infonroition N«ii*orpreinlMSMihereoAfflbbtgaGMy«rtibeeondiioM(toriHnee.MthealowheraaMdfmaigwftaMplMe) _______Ac _____________ AMreu (do not mo PO bo>0 Slaia/ZOCode County Oali(s) of acMy (br lalllse, Micati th* delB of the drearltg) Check bieiKU Or boxes'l^lndlcatiiftoiype of oamfalngactMy your oigaibaaMwabooonduding: [£] •Bhao ^ Rentes (ceihpiteesmoy not exceed $12,000) Q •Peddteeheeli □*Pul-Tebe □*TMda»dd »yir^r«Mnttbfeies*eclMaesmuabeoM»inedeomafcenseddb«t>eor, Thie form wm be mad* avaOabI* in tekimmtifi Ibnnet 0-c. las* print, BraBs) upon request Thai iomiaOoniequaelsil on tite bim (and any altechiiiems) wl be used'by the Oambllng Control Board (Boeni) to datatiNne yourquaMcettons to be Imotired In tewftil gembbie acMbee in Mlnriesole. You hew #t* right to refUeetr supply tie tetormebon requested; however, t you retos* to iuppty this totermeOon. the Bored may not be able to detenntoe your qiMMlBOBoni reid. 00 a oonaaquonce, retoeetoliyyouopen^Jtgu^p^ Oie taAvinretoit teuuilted. tie Board wB be Your name and and your organteaeonTs name and addresa wf be pubiB IdonnalDn whan received by trie Board. Altteotoar intonnalion (hat you prodde wB be prtorie data about you unfl tie Board kajan your perme. Whan the Board Issuea your pamill, al of the totoimation that yiNi hawa provldad to the Board to lha prooeas of appiytog ter your premtwB become pubiB. t tie Bored doaa not bau* you a premk, dItoe totormaOon you haw provldad to tw piooasa of epplytog tor a permt rotnatoa private, wih (ha exeapton of your name and your organBathxTa name and addraaa which wB lamato puMo. metoiBweig: Boartniambara.aiaBdflie treMmaaotaDapatbnantofPutilBlIBtBr. the Wtoneaola Allomey Oanerak the Minnaaota Cemmissionere of AdmtoMraUon. Ftoreioa, and Rewnuo; tie totematonai ganMitg leButotory aganciaa; anyona puriuant to court oidar, other indMduala and agendea Biat areapacBealy auttKxtaad by state or toderai tow to haw aoota* to the totarvnaHon todteUualaam tegalredaraul or aitormeloii and agandaa ter which tew or autooreea a new ua* or dMttoa tMaNcBDewaagMBn: 1 HAY-2B-2eB3 14:30 □niELING CX14TRQL BDPRD 6516394073 P.03/^9 LO220 - Applieartioh for Exompt Pormit Ftg*2of2 LOOM Unttof Oovonunent AcknowtodonMnl dlyimi>flBntw»4>pM Mliow. On behtf or ttw d|yJ iK^moiMlido* ttilt ^ipfc ClMck th« action tliat Um epir la taUnfl on llito appOeaVon. PI'Hio ely ^iprawt 0w appicaiion wKh no LJ «nMna eofiod. n’fhoctyapproMaa>ianppioaion<»iha30day IJ walHno paitod, and iPbwB ihoBnnI to iMuo a pefml oRar SO daofo (60 days for a flrat daw cRy). QTliaclyd Owappication. Prtntnamterclly. (Bianaiwa of dr pcfsowMl nccMns appleaBon) Ptfw On bahaVorttwooun^, I acfcncMvIedgBMsappIcaliofv Chock Iha aeflon tfMt fho county la takbig on Vila appBeadon. PI The county appiowa tin appfcaBoniMft no U Mdfeig pcviod. penntallwSOdaya. Q The Gouiily denies the appicabon. PrMmniaofewinhf. nw. Otto. TQWNSHn^ OnbahddtwtiMNn»R».ladnoiiMgotMft RuOMily to ipprowt or Oeny m tpotcaaon pyam. M0^13,tuad.2)4 Pitol wme tf tottuli^» (Slgntlure d towndp oflfcW acknoMMglig ippMton) T»t _______________________________ / Chi«r Exacutivo Oflicor'a Signaturo The inibnnalton providad In thb appicalion is complete and aocurata to Vie best of my knofwiadaoi CMaf CBtocuOwt offload dsnatuia.r,__If TR?lik Matw^ptoaaftPftoft ^^T^gL.cVx’Afi-.. Ick.t Date I If / D> Mall Appllenlion nnd Attachmanta At ieaat 46 days prior to your schedulad acttvty date send: • Vw compi^ appicalion, • a copy of your proof of nonpradl status, and . n $25 «pdeaVonfBo(md(o check payabtolo "State of Mlnnaaota7 Appicalion fees are not preratad. refundable, or tranifMMe. Send to:1711 Want County Road B, tulle 300 South Roaavlla. MN 66113 ....................................I. .................................................... - llfTERNM. REVENUB SBRV2CE P. O. BOX 2508 CIKCINKATl. OH 45201 DEPARTMENT OF THE TREASURY Date JUL 122002 TOE HOPE CHEST FOR 3HSXST CAJ.’CER FOUNDATICK 14454 HIGHLAND DR 8HAKOPEE. MH SS179 Etnployer Identification Nuciber: 4I-2019S4S DLN: 17053074002032 Contact Person: JOSEPH LAtnC ID# 31077 Contact Telephone Nuatbcr: (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: 509(a)(1) Advance Ruling Period Begins: October 30. 2C01 Advance Ruling Period Ends: Deceitber 31. 2005 Addendua Applies; No Dear Applicant: Based cn information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exenpt from federal income tax under section 501(a) of the Internal Revenue Code as an crqaaization described in section 501(c) (3) . Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. Howver. we have detemined that you can reasonably expect to be a publicly supported organization described in sections 509(a) (1) and 170(b) Cl) (A) (vl) . Accordingly, during an advance ruling per led you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates sliown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have oet the require- siects of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi fy you as a section 5C9(a> (1) or 509(a) (2) organization as long as you continue to meet the lequirecencs of the applicable support test. If you do not ceet the public support requirecents during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a pri\uite foundation, we will treat ^-cu as a private feundatitn free ycur beginning date for purposes of section 537id) and 4940. Graniois and contributors nay rely on our determination that you are rot a private feundation until SO days after the end of your advance ruling period. If you send us the required information within the SO days, grantors and contributors may cocticie to rely on the advance deterrainat ion until we w?ake Letter 1045 ICO/CG) I -■ CITY OF ORONO SPECIAL EVENT PERMIT Date Itsaed: Date of Event: Time: Revised May 28.2003 June 6-8.13-IS and 20-22.2003 Noon - 7:00 p.m. Name of Person(i) And/or Organization Sponmring this Event: Timolhy O’Connor Steiner & Koppelman 18340 Minnetonka Boulevard Aft Wayzata,MN SS391 952-473-5435Phone: Location of Event: 2795 Pheasant Road Type of Event:2003 Luxury Home Tour The following documents are required and on file at the City Administrative Offices: Certificate of General Liability Insurance Copy of Notification of Neighbors Paildng Plan Approval from Orono Police Department# The following conditions have been placed on this event: • This special events permit is subject to immediate revocation by the Orono Police Depa rtment upon violation of any City Ordinances or identification of hazards to safety of the public. • Permit holder is responsible for notification of this special event to all neighbors <m Pheasant Road, including a contact name and phone number for any questions or concerns regarding this event. • Permit holder to provide shuttle service to the site throughout the event. • Permit holder to provide signage at the intersection of Shadywood Road and Pheasant Road indicating that no event parking is allowed on Pheasant Road with directions for use of the shunie service. Approved at City Council meeting on: May 27.2003 (City Seal) Ronald J. Moorse, City Administrator 27S0 Kelley Parkway. P.O. Box 66, Crystal Bay, MN 5S323 Phone: 9S2-249-4600 / Fax; 952-249-4616/www.ci.onuo.ni.us ^ -'f I s & •1 1 Zb CITY OF ORONO Chtck Numbtr Employeo Namt 052764 052785 052786 052787 052788 052789 052790 052791 052792 052793 052794 052795 05279O 052797 052798 052799 052800 052801 052802 052003 052804 052805 052806 052807 052808 052809 052810 052811 052812 052813 052814 052815 052816 052817 052618 052819 052820 052821 052822 052823 052824 052825 052:26 052827 052828 052829 05:e30 052631 052832 052833 052834 052835 052836 052837 052838 052839 052840 052841 DOCX^. RACHEL M. LESKINEN. DENISE M. MOORSE. RONALD J. SILUS, BARBARA G. VEE.UNDAS KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L ARNESON. JOSHUA A. BOBZIEN. SUE A. BORIS. SCOTT W. BUDIO. STACIE M. CARLSON. MICHAEL B. CORNICK. JAMES L DEMBOUSKI. JAYC. ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T. FISCHER. CHRISTOPHER K. GOOD. STEPHANYR. JOHNSON. JEFFREY MADSON. ADRIENNE M. MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSEU. WILLIAM R SCHOENHOFF. JOHN B TOMCHECK. LAWRENCE F. TOMCZYK.MARKW WITTKE. ANTHONY A. HERMAN. JOHN R. LEE. JOSEPH P BOLTERMAN. 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 GREGORY. JAMES D. HANSEN. STEVEN 06ERAIGNER. SCOTT G. OBRIEN. RANDY L. PALMER. GREGORY A. RATHBUN. BARRY J SKREEN. DALE S. ABRAHAMSON. FRED W. JENSEN. ROONEY W. MARSELLA. DAN G. MCINTYRE. WIUIAM E. OAS. DANIEL O PEICKERT. GARY J. ROSS. JOHN A STEFFENHAGEN. RONALD STORK. JOHN T Pay Parted 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 check register •— MAY ii 7 2003 ClI Y Oh UHONO ------- 0»14A37:23AM Page 1 Chack Amount $1,020.13 $851.24 $12.18 $458 80 $1.229 96 $1,014.46 $126.32 $470.20 $996.74 $645 26 $76961 $1,147 14 $625.57 $465 92 $1,883.26 $1.46533 $1,528.42 $1,651 00 $1.474 78 $14373 $1.877 33 $1.495 07 $613.10 $619.89 $1,601.67 $934.93 $1,620 37 $496.56 $1.456 61 $1.38851 $845 58 $27406 $1.084 79 $1,350 11 $1,239 70 $1,398 84 $1,706 74 $66507 $19774 $1.299 96 $1.372 67 $1.344 25 $1.060 56 $1.173 80 $803 18 $1,099 93 $1.059 30 $1.348 72 $1,191 76 $17962 $350 20 $148.77 $194 59 $115.33 $287 57 $153.77 $1.382 54 $97.30 Chack Data Chack Statua 5/14/03 Outstanding 5/14A)3 Outstanding 5/14/03 Outstanding 5/14A)3 OutsUnding 5/14/03 Outstanding 5/14A)3 Outstanding 5/14A)3 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14A)3 Outstanding 5/14A)3 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14A)3 Outstanding 5/14/03 Outstanding 5/14A)3 Outstanding 5/14A)3 Outstanding 5/14/03 Outstanding S/14A)3 Outstanding 5/14/03 Outstanding 5/14/03 Outstand.ng 5/14A)3 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14A)3 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14A13 Outstanding 5/14A» OutstaiHkng 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14A)3 Outstanding S/14A)3 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14A)3 Outstanding 5/14/03 Outstanding 5/14A)3 Outstanding 5/14A)3 Outstanding 5/l4A)3 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outstanding 5/14/03 Outotanding 5/14/03 Outstanding 5/14A13 Outstandkig 5/14/03 OuMandktg 5/14KI3 Outstanding 5/14A13 Outstandkig 5/14m Outstandkig JtL i \ CITY OF ORONO ch«ck ragisttr 0S/14«37:23AM Pagt2 1 >V<‘ ‘ ’ V 'f' CtMCk Numbtr EfnptoyM Ham* P«» Ptflod Check Amount Chock Dalo Chock Stalia $53,490.76 • i V ' • ^ MT ^ . *1^. ■ 'V-Vf ’’ mm: mi w.~' > > ‘ • /i- A. , ^ .............................K . ■V^ CITY OF ORONO *Check Detail Register® 05/23/03 12:32 PM Pagel MAY 2003 Check Amt Invoice ggmen^ 10100 Primary Cash Total WISCONSIN 8CTF 1184.02 10100 Primary Cash 152.757 02 Fund Summary 101 GENERAL FUND 10100 PrimaryCsfh $52,757.02 $52,757.02 Paid ChM 075982 S/14/2<m CITY toUNTY CREDIT UNION 0101-21711 Credit Union $10,685.00 Total CITY COUNTY CREDIT UNION $10,685.00 SAVINGS W/H S TRANSFERRED Paid ChK# 075083 5/14/2003 FIRST NATIONAL BANK OF LAKES G 101-21701Federal Withholding $10,83698 FEDERAL W/H G 101-21703FICA Tax Withholding $4,785.67 FICA 8 MEDICARE W/H G 10^-21703FICA Tax Withholding $4,765.67 FICA A MEDCR CITY SHARE Total FIRST NATIONAL BANK OF LAKES $M. 168.32 PaidChk# 075984 5/14/2003ICMA RETIREMENT TRUST • 487 G 101-21705Other Retiren>ent $300.00 DEFERRED COMP Total ICMA RETIREMENT TRUST. 467 $300.00 Paid Chki 075985 5/14/2003 LAW ENFORCMENT LABOR SERVICE G 101-21707Union Dues $0.00 UNION DUES Total LAW ENFORCMENT LABOR SERVICE $0.00 Paid ChMI 075988 5/14/2003 MN DEPT OF REVENUE 0101-21702State Withholding $4,218.17 STATE TAX W/H Total MN DEPT OF REVENUE K218.17 Paid diM 075^87 5/14/: !003 ORCHARD TRUST CO. TRUSTEE/CUST G 101-21705Other Retiren>ent $2.789 68 MN STATE RETIREMENT Total ORCHARD TRUST CO. TRUSTEE/CUST $^789.68 Paid Chkf 075988 5/14/4^003 PEBSCOK)BRA G 101-21705Other Retirennent $160.83 OBRA DEFERRED COMP ToUl PEBSCOK)BRA $160.83 Paid Chk# 075989 5/14/2003 PEBSCOAI8 CONF OF MAYORS G 101-21705Other Retirement $2,162.00 USCM - ENTITY 2339 Total PEBSCOAJS CONF OF MAYORS $2,162.00 Paid Chk# 075990 5/14/2003 PUBUC EMPLOYEES RETIREMENT G 101-21704PERA $6,740.00 PERA CITY SHARE G 101-21704PERA $5,283.40 PERA EMPLOYEE W/H Total PUBLIC EMPLOYEES RETIREMENT $12,023 40 Paid Chki 075991 5/14/2003 UNITED WAY G 101-21708United Way $65.00 CHARITY DONATIONS Total UNITED WAY $65 00 Paid Chki 075992 5/14/2003 WISCONSIN SCTF 0101-21712Other Deductions $184 62 JOHNSON • 0002756898 CITY OF ORONO *Check Detail Register® 05/23A)3 12:32 PM Pagel MAY 2003 Check Amt Invoice Comment 10100 Primary Cash Pa»d Chk# 075993 5/TW003 POST BOARD EIUI-42110^1 Licenses & Taxes E 101-42110-441 Licenses & Taxes ToUl POST BOARD 190.00 $90 00 Russeth POST License • Russeth Theisen POST License • Theisen iiao.oo Paid Chk« 075994 5/15/2003 HENNEPIN COUNTY TR-PROP TAXES E 101-43290-800 Special Projects. ConUngency $92013 321182312000 1st Half 2003-3580 WayzataBhr Tout HENNEPIN COUNTY TR-PROP TAXES $920 13 Paid Chk# 075995 5/27/2003 10.000 LAKES CHAPTER E 101-42400-437 Training & Development Tout 10.000 LAKES CHAPTER $601^ $60.00 JUNE1903 Bldg tnsp coursemv Paid Chk# 075996 5/27/2003 ADVANCE RESOURCES FOR DEV E 101-43290-800 Special Projects. Contingency $1.200 00 4/22X)3 Tout ADVANCE RESOURCES FOR DEV Land Sale • Kelley Pln#y $1.20000 P^ Chk# 075997 5/27/2003 ALLIED ELECTROSTATIC OF MN INC E 101-41900-401 Repairs/Maint Office Equip Tout ALLIED ELECTROSTATIC OF MN INC $308 00 refurbish file cabinets Paid Chk# )75998 5/27/2003 ANDERSON. KRISTI E 101-4:400-319 Other Professional Services ToUl ANDERSON. KRISTI $525jW $525 00 051903 P&Z minutes Paid Chk# 075999 5/27/2003 ARNOLD A RYE PRINTING E 101-41900-352 Printing A Publishing ToUl ARNOLD A RYE PRINTING $3,183 M $3.183 29 5860 2003 Spring Neersietter Paid Chk#^6000 5/27/2003 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txbl Tout AUGIES MOBILE CHEF $51_30 $51 30 15985 hamb&hot dogs Paid Chk# 076001 5/2//2003 BAYSIDE FLORAL 0101-19999 Suspense Account Tout BAYSIDE FLORAL $31_^95 $31.95 21941 Plant • Silus Paid Chk# 076002 5/27/2003 BORIS. SCOTT E 101-42110-437 Training A Development Tout BORIS, SCOTT $7.54 $7.54 051403 mBeage PaidChK# 076003 5/27/2003 BUDGET PRINTING E 101-42110-221 Equipment Parts & Acoetsonei $79 88 26391 pd/business cards E 101-42110-201 Office supplies $16981 26536 supplies Tout BUDGET PRINTING $24969 Paid Chk# 076004 5/27/2003 BUFFALO BITUMINOUS INC. E 406-48735-590 Street Construction Tout BUFFALO BITUMINOUS INC. $19,897.31 $19.697 31 6nal North Arm Paving /I Aflml Paid Chk* 076005 5/27/2003 CARGILL SALT E 601-49400-216 Chemicals and Chem Products $2.24349 746155 softnersalt Tout CARGILL SALT $2.24349 E 101-43000-221 Equipment Parts A Accessories $3 04 2009672 backhoe plugs 1 CITY OF ORONO 05/23/03 12 32 PM Page 2 *Check Detail Register® MAY 2003 Check Amt Invoice Comment ToUl CARLSON EQUIPMENT $3 04 Paid Chki 076007 S/27/2003 CENTERPOINT ENERGY E 101-41900-381 Gas A Electric E 601-49400-381 Gas A Electric E 101-42110-381 Gas A Electric E 602-49450-381 Gas A Electric E 101-41900-381 Gas A Electric E 601-49400-381 Gas A Electric E 602-49450-381 Gas A Electric E 613-49830-381 Gas A Electric $746.25 $763.30 $257.34 $23.47 $31451 $124.39 $373.17 $55 84 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas ServlM 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 061303 gas service ToUl CENTERPOINT ENERGY $2.658 27 Paid ChM 076008 5/27/2003 CHAPUT, JENNIFER E 101-42400-437 Training A Development Total CHAPUT. JENNIFER $24.46 5/25/03 Mileage • Training $2446 Paid Chk# 076009 5/27/2003 CITY OF ORONO PETTY CASH E 101-43000-212 E 101-41900-201 E 10M1900-322 E 101-41900-322 E 101-42400-331 E 101-41900-322 E 101-42110-441 E 101-41300-439 E 101-42400-439 E 101-41900-322 Total Motor Fuels A Lubricants Office supplies Postage Postage Travel Expenses Postage Licenses A Taxes Meetng Expenses Meeting Expenses Postage CITY OF ORONO PETTY CASH $36.10 $40.61 $0 37 $0 60 $7 00 $895 $9 50 $1000 $10.00 $0 97 $1247i0 May2003 May2003 May2003 May2003 May2003 May2003 May2003 May2003 May2003 May2003 propane tank exchange aockpot postage due parking/Housing seminar tabs-squad car pie/ieorksession pieAMOfksesslon PaidChkf 076010 5/27/2003 CONSTRUCTION BULLETIN E 425-48945-340 General Advertising $138.32 2310730 E 425-48945-340 General Advertising $138 32 2313996 ToUl CONSTRUCTION BULLETIN $276 64 Adv for Bids-Nav Fire StAitil Adv for Bids-Nav Fire St/Util Paid Chk# 076011 5/27/2003 DCA • WIRE ONLY G 101-21719 DCA/Spending Accounts $208 00 051303 Flex spending-wire Total DCA-WIRE ONLY $208.00 Paid (bhk« 07^12 5/27/2003 DNR WATERS E 613-49830-441 Licenses A Taxes ToUl DNR WATERS $50_00 2002GC $50 00 2002 GC Irrigation fee's Paid Chk# 076013 5/17/2003 EAST SIDE BEVERAGE E 613-49900-091 Beer For Resale Total EAST SIDE BEVERAGE $163 20 395539 beerf/resale $163.20 Paid Chk# 0760T4 5/27/2003 EOAN-MCKAY ELECTRICAL CONTRCTR E 101-43000-408 Contracted Street Ms nt JC3010185 ToUl EGAN-MCKAY ELECTRICAL CONTRCTR $26^50 repair stop lite Hwy 12AWilloi# Paid Chk# 076015 5/27/2003 EHLERS AND ASSOCIATES INC. E 101-43290-600 Spedal PrpjecU. Contingency $375 00 20601 Total EHLERS AND ASSOCUTES INC. $375 00 Aff Housing Paid Chk« 67^16 527^555 ELECTRIC REioURCE CONTRACTORS E 101-42110.404 Rcpalrs/Maint-Bldgt/Groundt t1,179J6 021402-20 parWnglQtlittrvpalrt 4«l CITY OF ORONO *Check Detail Registei® 05/23/03 12 32 PM Page 3 MAY 2003 Checli Amt Invoice Comment E 101-41900-404 Repairs/Maint-BkJgs/Grounds E 101-41900-404 Repairs/Maint-Bldgs/Grounds ToUl EUECTRIC RESOURCE CONTRACTORS $617.28 031295 $1,179.96 21402-2b $2,977 20 I light pole Watlpacke. Relocate Pole Paid ChHi 076017 5/27/2003 ELLESTAD LAND SERVICES E 425-48945-304Engineering-Consulting $2,600.00 3625 Survey - Nav Fire Station Total ELLESTAD LAND SERVICES $2,800.00 Paid Chk# 076018 5/27/2003 EMERGENCY AUTOMOTIVE TECH INC E 101-43000-221Equipment Parts & Accessories $105 12 DS051503-1 Amber Beacon • Bobcat ToUl EMERGENCY AUTOMOTIVE TECH INC $105 12 Paid Chk# 076019 5/27/2003 ERICKSON. KURT E 101-42110-437Training & Development $379 82 5/12/03 mileage Total ERICKSON* KURT $379.82 Paid Chk# 076020 &27/2003 F F JEDLICKI INC 0 425-20600 ConUacto Payable ($2,958 75) RFP 1 RFP il-Nav Fire E 425-48945-591Sewer/Water Utility Const $3.175 00 RFP1 RFP #1-Nav Fire Se^r Imp E 425-48945-530Other Improvements $56.000 00 RFP1 RFP il -Nav Fire Total F F JEDLICKI INC $56.216 25 Paid Chk# 076021 5/27/2003 FAST SIGNS E 613-49830-223Bldg/Grounds Maint Supplies $44 20 M-43350 Ordinance signs/GC ToUl FAST SIGNS SU70 Paid Chk# 076022 5/27/2003 FBINAA E 101-42110-437Training & Development $175 00 2003FBINAA regis^tion/S Good ToUl FBINAA $175 00 Paid Chk« 076023 5/27/2003 FORTIS BENEFITS 0 101-21712 Other Deductions $933 47 4019625-1 LTD Premiums - 6/2003 ToUl FORTIS BENEFITS $93147 Paid Chk# 076024 5/27/2003 G A K SERVICES E 613-49830-226Clothing & personal equipment $5 49 570963 Uniforms E 101-43000-226Clothing & personal equipment $72 02 570963 Uniforms E 601-49400-226Clothing 8 personal equips *'t $1441 570963 Uniforms E 101-43000-221Equipment Parts & Accessotes $50 87 570963 Shop Tovveis E 602-49450-226Clothing & personal equipment $26 82 570963 Uniforms E 101-41900-404Repairs/Maint-Bldgs/Grounds $89 76 577728 Mat Service-PW E 101-42110-404Repairs/Maint-Bldgs/Grounds $131 95 577729 Mat Service - PD E 101-41900-404Repairs/Maint-Bldgs/Grounds $52 79 577730 Mat Service - Adm E 101-41900-404Repairs/Ma * Bkjgs^Grounds $52 79 577731 Mat Service - CC E 101-43000-226Clothing & personal equipment $549 5777727 Uniforms E 613-49830-226Clothing & personal equipment $69.00 5777727 Uniforms E 601-49400-226Clothir>g & personal equipment $1381 5777727 Unifbrms E 602-49450-226Clothing 8 personal equipment $27 62 5777727 Uniforms ToUl G8KSERVICES $61482 Paid Chk» 076025 5/27/2003 GOLF COURSE SUPT ASSN OF AMER. E 613-49830-433Memberships 8 Subscriptions $350 00 2003GCSAA membership dues 2003 Total GOLF COURSE SUPT ASSN OF AMER.$350 00 Paid Chk# 076026 W7/2003 GOOD. STEPHANY E 101-42110-437 Training & Development $239.61 6/12A)3 fn^age&mea^ CITY OF ORONO *Check Detail Register® OS^:V03 12 32 PM Pag«4 MAY 2003 Check Amt invoice Comment Total GOOD. STEPHANY $239.61 Paid Chief 076027 5/27/2003 GOVERNMENT TIUININO SERVICE E 101-42400.437 Training & Oavetopniant __$125.00 JunelO.2003 Zoning saminar/J.Mabualh Total GOVERNMENT TRAINING SERVICE $12500 Paid ChM 076028 5/27^003 GOVT FINANCE OFFICERS ASSN E 101-41500-433 Memberships A Subscriptiont $140 00 39995 Total GOVT FINANCE OFFICERS ASSN GFOA Membership-Kuehn $14000 Paid Chk# 076029 5/27/2003 HARRIS INTERNATIONAL INC E SI3-49900-094 Concessions For Resale-NonTax $65.19 286577 Total HARRIS INTERNATIONAL INC God Gloves $65.19 Paid Chk* 076030 5/27/2003 HENNEPIN CO-OP SEED EXCHANGE E 613-49630-223 Bldg/Grounds Maint Supplies $216 09 44134 Total HENNEPIN CO-OP SEED EXCHANGE $21609 lawn seed Paid 6hkk 076031 Sa7f200Z HENNEPIN COUNTY E 101-430(XM89 Other Miscellaneous Charges $25 00 5/19A)3 rip rap project Tout HENNEPIN COUNTY $25 00 Paid Chk# 076032 5/27/2003 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Other Communications ____$7968 23047181 Total HENNEPIN COUNTY INFOR TECH DPT ' $79 68 IMS processing Paid Chk# 076033 5/27/2003 HENNIPIN CTY TREASURER • PW E 402-48020-590 Street Construction $767.82 E 601-49400-^05 Repairs/Maint-Watermains/plant $100 00 E 601-49400-405 Repairs/MainC-Watermains/plant ___$50 00 ToUl HENNIPIN CTY TREASURER • PW $917 82 TrranOOeOO UTIL00283 UTIL00301 CR15 Femdale Marsh Final Utility Permits Utility Permits Paid Chk# 076034 5/27/2003 HERMAN. JOHN E 101-42110-201 Office supplies ToUl HERMAN. JOHN $3726 $37.26 051303 35MM camera Paid Chk# 076035 5/27/2003 IKON OFFICE SOLUTIONS E 101-41900-401 Repairs/Maml-OfTice Equip Total IKON OFFICE SOLUTIONS $34 08 2399213A $3406 toner.staples f/copier l^aid Chki 076036 5/27/2003 LOGI8 E 101-42110-310 LOGIS-ApplicatK>ns E 101-42110-310 LOGIS-Applications E 101-41900-329 Other Communications E 101-41900-311 Data Processing Communication E 101-42110-401 Repairs/Maint-Office Equip E 101-41900-401 Repairs/Maint-Olfice Equip Total LOGIS $1.643 00 22978 $15900 22978 $15900 22978 $30 00 22978 $11688 23028 $116 87 23028 $2 224 75 police Records Internet 4/03 Internet 4/03 Henn Cty Connect GW/Innoculan Issue m Paid Chk# 076037 5/27^003 LONG LAKE. CITY OF R 231-35610 Drug Forfeitures Total LONG LAKE. CITY OF $450 00 V5/2003 $450 00 Lor>g Lake Share-Mays Forfeit Paid Chk# 076038 E 101-41300-433 Merr>berships A Subscriptions Total MAMA $50 00 552 2003 MAMA Mbrship Moorse $50 00 CITY OF ORONO Check Detail Register® 05/23/03 12 32 PM P*gt5 MAY 2003 Check Amt Invoice Coffunent Pa>d Chk# 076039 5/27/2003 MEOICA 0 101-21706 Hospitalization/Medical Ins G 101-15996 Non-Employee Health Ins E 101-42110-135 City Benefit Contribution 0 101-21706 Hospitalization/Medical Ins 0101-21706 Hospitatization/Medicallns G 101-15996 Non-Employee Health Ins Total MEDICA $9,601 57 $1.364 09 $32963 $2,191.74 $6,865.95 $2.14992 103152102552 Medica High - 5/2003 103152102552 Medica High • 5/2003 103152102552 Medica High - 5/2003 103152122565 Medica • Low 6/2003 103152125468 Medica Elect - 6/2003 103152125488 Medica Elect • 6/2003 $24.52310 Paid Chki 076040 5/27/2003 MET COUNCIL ENVIRONMENTAL SER E 602-49450-383 MWCC-Current Charges $27.954 33 756179 R 101-39610 Miscellaneous Revenue ($12 75) april2003 O 101-20609 SAC Charges due to MWCC Jt1.275 00 apnl 2003 ToUl MET COUNCIL ENVIRONMENTAL SER $2^216 56 SAC charges June 2003 Adm Fee 4/2003 SAC charges 4/2003 Paid Chki 076041 5/27/2003 MIDWEST ASPHALT E 101-43000-224 Street Maint Materials/Supply ToUl MIDWEST ASPHALT $257 26 7087MB $257.26 hotmix Paid Chki 076042 5/27/2003 MIDWEST COCA COLA BOTTLING CO E 613-49900-092 Soft Drinks For Resale Total MIDWEST COCA COLA BOTTLING CO $362 00 63427137 $M2 .00 pop resale Paid Chki 076043 5/27/2003 MIDWEST FUELS 0 101-14101 Gasoline Inventory $2.829 82 13540 fuel E 101-43000-212 Motor Fuels & Lubricants Tout MIDWEST FUELS $1.126 51 13540 $3.956 33 fuel Paid Chki 076044 5/27/2003 MINNESOTA CONWAY E 613-49630-403 Repairs/Maint-Misc Equip $642 321554 Annual Inspection E 601-49400-403Repairs/Maint-Misc Equip $116 52 321554 Annual Inspection E 101-41900-403Repairs/Maint-MIsc Equip $265 10 321554 Annual Inspection E 602-49450-403Repairs/Maint-Misc Equip $102 30 321554 Annual Inspection E 101-42110-403Repairs/Maint-Misc. Equ^$^04 321554 Annual Inspecbon Total MINNESOTA CONWAY $533 36 E 101-421KM37 Training & Development ToUl MN CHIEFS OF POL. EO. FOUNDATI $2W W 129 $260 00*^ registraUon/S.Good Paid Chki 076046 5/27/2003 MN DEPT OF REVENUE R 101-34210General Taxable Sales/Servioe $18 00 Apr2003 general aatea tax G 101-20606Due to Govts-State Sales Tax $28 00 Apr2003 Mies tax for April 2003 0 601-20606Due to Govts-State Sales Tax $339 00 Apr2003 sales tax for April 2003 0 613-20606Due to Govts-State Sales Tax $690 00 Apr2003 sales lax for Apnl 2003 ToUl MN DEPT OF REVENUE $L275 00 Paid Chki 076047 5/27/2003 NEOPOST E 101-41900-201 Office supplies $166 36 1066696 postage labels ToUl NEOPOST $166 36 Paid Chk* 076048 5/27/2003 OFFICE DEPOT £101.42110-201 Office suppliM $152 54 204201156 office supplies E 101-41900-201 Office tuppHtt $166 43 204201156 supplies ToUi OFFICE DEPOT I336J7 CITY OF ORONO *Check Detail Register® 05/23A)3 12 32 PM Page6 MAY 2003 CheckAmI Invok#hSS88i E61M99C0-093 Concessions For Resale-Txbl Tout OLD DUTCH FOODS INC. $37IB $376 6000S41 chip-pretzelf Paid Chk« 076050 5^/2003 POWERCLEAN COMPANY INC. E 101-4211CM04 Repaira/Maint-Bidgs/Oroundt E 101-41900-404 Repairs/Maint-Bldgs/Oroundt E 101-42110-404 Repairs/Maint-Bidgs/Grounds E 101-41000-404 Repairs/Maint-Bldgs/Groundt Total POWERCLEAN COMPANY INC. $762.01 $931.34 $76201 $931.34 9676 9876 9677 9677 Janitodal f/March Janitorial t/March janitorial 1/april janitorial f/aprii $3.36670 Paid Chki 076051 6/27/2003 QWEST E 601-49400-321 Telephone Tout QWEST $103 00 $103 00 612E44-C016 Phone Service l^ald Chki 076052 5/27/2003 RICKS SUPERVALUE E 101-42110-439 Meeting Expenses ToUl RICKS SUPERVALUE $716 $7 16 S/12A)3 Cookies & Punch PatdChk* 076053 6127/2002 SAFE ASSURE E 601.49400.437 Trainirtg & Development $150 00 1-2003 hazardous Materials Training E 601-49400-437Training A Development $798 75 1-2003 hazardous Materials Training E 602-49450-437Training A Development $798 75 1-2003 hazardous Materials Training E 101.43000.437Training A Development $15000 1-2003 hazardous Material Training E 101.43000.437Training A Development $1,597:50 1-2003 hazardous Materials Training Tout SAFE ASSURE $3495 00 $1,027.60 0100130E 101 -43290-600 Special Projects. Contingency Total SEH $1.027 60 ?SdChiur676055 5/27/2003 SHAUGHNESSY. COLIN E101 45200-404 Repalrs/Maint-Bldgs/Grounds $2.000 00 Mayl.2003 mowing4/03 Kelley Pkwy sale /engineering Total SHAUGHNESSY. COLIN $2,000 00 ?iid Chk# 076056 5/27/2003 ST. CLOUD STATE UNIVERSITY E 101-42110-437 Training & Development $1.^5 00 050903 Total ST. CLOUD STATE UNIVERSITY $1.355 00 Law enforcement seminar /PD pIdChki 076057 5/27/2003 STANTON GROUP E 101-41900-469 Other Miscellaneous Charges ToUl STANTON GROUP $260 35 $260 35 335251 HIPAA conulting PaidChk# 076058 5/27/2003 STEFFENHAQEN. RON E 613-49830-223 Bldg/Grounds Maint Supplies 051903 $6519 driving mat Total STEFFENHAQEN. RON pS5 Chki 076059 5.27/2003 THORPE DIST CO. E 613-49900-091 Beer For Resale $5^90 297291 Total THORPE DIST CO. $55 90 >aid Chki 07^ 5/27/2003 TOLL t WELDING SUPPLY E 101-43000-415 Other Equipment Rentals 416259 ToUl TOLL GAS A WELOWO SUPPLY $5 65 beer for resale cylinders Paid Chki 67t66\ 5^/2003 TRUXSTOR E 101-42110-221 Equipment Parts A Aooessories $26 74 21216 hitch AbaH/response trailer CITY OF ORONO OSOa/03 12:32 PM Pag*7 1 *Check Detail Register®t MAY 2003 Check Amt Invoice Comment Tout TRUXSTOR 128.74 PalddhUil 6>60^ 5/27/2003 UNITED STAV cS E 101-41900-322 Postage (TAL SERVICE $1,600.00 52703 postage machine Total UNITED STATES POSTAL SERVICE I 5/^7/2003 81.600.00 Paid ChkS 076063 5/27/2003 W.W. ORAINOER INC E 101-43000-240 Small Tools and Minor Equip Total W.W. ORAINOER INC $172.53 495-7164473^ 1/2 impaotwrind) $172.53 Paid ChW 076064 5/27/2003 WINTERNHEIMER, AUSSA E 101-41300-319 Other Professional Services $165.00 051403 ToUl W1NTERNHEIMER, AUSSA $165.00 May 12 Coimdi mtgfeiinutei 10100 Primary Cash $177.064.07 Fund Summary 101 GENERAL FUND 231 DRUG/FELONY FORFEITURE FUND 402 MUNICIPAL ST AID ST CONSTUCT 406 PERMANENT IMPROVEMENT REVOLVE 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 10100 PrimaiyCash $60,055.32 $450.00 $767.62 $19,897.31 $59,292.69 $4,616.67 $29,306.46 $2,475.60 $177,064.07 * rr--;.- • •• • -k- ■ i . f ■.*; V' *’., • -.V . i 1 [ » INFORMATION ITEMS COUNCIL MEETING MAY <: 7 200J OF Cll Y Ol- UHONO ^ % r, * / I iii'riulMllfiil ••. o ow MAr <; 7 2003 ■'A f> ii GITYof ^^iiyoHoRcwvo //Municipal Offlccs StTMt AMrttS: 27SO Kelley Pafhway Orono. MN SS3S6 MaMigMdrfss: P.O. Box 66 Crystal Bay, MN 55323 0066 May 23.2003 Mr. Chad Adams City Administrator City of Medina 2025 County Road 24 Medina MN 55340-9790 Dear Chad; In March 2003, we received preliminary plans for the proposed Keller Estates subdivision which is located west of Willow Drive between the Orono City Limits and the existing Medina Momingside development. On March 13th, 1 had sent Loren Kohnen a letter with comments on this proposed subdivision, and the contents of this letter are included below for your information. March 13th Subdivision Comments This subdivision contains 21 lots on 21.8 acres with typical lot size of 30,000 s.f. The area in the City of Orono directly south of this development is zoned for a 2-acre dry buildable minimum lot size with private wells and septic systems. The higher density of this urban development directly adjacent to the 2-acre zoning in Orono has the potential to be a significant concern. Sewer and Water Service Our understanding is that Keller Estates will have municipal water and sewer service. The water supply will be from existing municipal wells in the Medina Momingside development with the potential for a future request to connect both the Keller Estates and the Medina Momingside developments to the Orono municipal water system. There is sufficient capacity in the Orono water system should a future agreement between Orono and Medina be approved for the provision of water service to the Medina Momingside and Keller Estates developments. Page 1 of 4 TMcphoiie (952) 24M4M • Fax (952) 24M414 WWW.d4M1MMMMI.Ut tthMhki We also understand that this new development will have municipal sewer with gravity sewer discharging into the existing Medina Momingside sanitary sewer lift station. The forcemain from this lift station flows south to County Road 6 then west eventually discharging into an Orono gravity sewer in Old Crystal Bay Road. This gravity sewer then flows south and through the City of Long Lake to a Metro Waste lift station. The existing Medina Momingside sewer service through Orono and Long Lake is per the terms of an existing Long Lake/Orono/Medina sewer service agreement dated August 10,1981. The provision of sanitary sewer service to the Keller Estates development will require modification of the 1981 sewer agreement and approval of the Orono City Council and Long Lake City Council. A project to reconfigure the existing sewer system through Orono and Long Lake for the new Highway 12 bypass project is currently under construction. This project will require revisions to the existing three city sewer agreement. My understanding is that presently there are sewer capacity issues in Long Lake and the completion of the new sewer system this summer will eliminate the sewer capacity issues and substantially reduce the length of Long Lake municipal sewer that is included in the sewer agreement. The existing sewer with Orono and Medina flow goes all the way through Long Lake to the Metro Sewer lift station located in eastern Long Lake. The new City sewer will discharge into a Metro Sewer Interceptor at Willow Drive. The only Long Lake sewer in the agreement will be from the Orono City limits to Willow Drive. There should be adequate capacity in the Orono, Long Lake, and Metro Waste sewer systems to handle the additional flow from the proposed Keller Estates development. Traffic Impact Issues Orono City staff has reviewed and discussed the traffic impacts from the proposed Keller Estates Development, and we have concerns about the increased traffic at the Willow Drive/County Road 6 intersection. Using a typical design value of 10 vehicle trips per day for each home, this development will add 210 vehicle trips per day to Willow Drive with the majority of these trips using the Willow Drive/County Road 6 intersection. There are concerns about traffic safety at this intersection, as in the past several years there have been numerous personal injury accidents and two Uciffic fatalities at this intersection. The City of Oro.no recently completed a traffic management study in this area, and the preliminary two- hour traffic counts at the Willow Drive/County Road 6 intersection indicate that a traffic signal may be warranted. The City of Orono has requested that Hennepin County complete an eight-hour traffic count at this intersection to evaluate the feasibility of installing a tragic signal. The possible schedule and funding for the installation of a traffic signal at this intersection is unknown at this time. However, it is a certainty that the installation of a Utiffic signal will require cost participation from the local units of government as all new signals on Hennepin County Roads require local cost participation. Hennepin County has jurisdiction on the east and west legs of the Willow Drive/County Road 6 intersection, and the City of Orono has jurisdiction on the north and south intersection legs. It is Page 2 of 4 i obvious that Orono is responsible for the southern leg of the Intersection, but the responsibility for the northern leg Is questionable. The Orono City limits are located only 600 feet north of the intersection, and there arc only three properties in Orono that access Willow Drive north of County Road 6. These properties are not subdividable, so three is the maximum number of Orono homes that will ever access the northern leg of the intersection. The traffic on the northern leg of this intersection is virtually all from the City of Medina with substantial traffic being generated by the approximately 90 homes in the urban density Medina Momingside development plus the new church, on Willow Drive, that is currently under construction. Our City staff recommendation is not favorable to the construction of 21 additional homes that will increase traffic at the Willow Drive/County Road 6 intersection without a traffic signal at this intersection. Our recommendation is also that the City of Medina be responsible for the local share of costs, on the northern leg of this intersection, for the installation of a possible traffic signal. Conclusion Until the traffic safety concerns at the Willow Drive/County Road 6 intersection are resolved and the potential impacts of a higher density urban development directly adjacent to the 2-acre density development in Orono are reviewed and discussed by the Orono City Council, Orono City staff is not in favor of recommending modification of the Long Lake/Orono/Medina sanitary sewer agreement to include the proposed Keller Estates Development project. May 24th Project Update Hennepin County recently completed traffic counts at the County Road 6/Willow Drive intersection, and the traffic counts did not justify a signal at this time. A peak one hour traffic count of 200 vehicles is required on one of the Willow Drive intersection legs. The peak one hour traffic count was 175 vehicles which is 25 vehicles less than the required 200 vehicles. The consensus is that this intersection will most likely meet a traffic signal warrant in the near future. The tentative plan was for Hennepin County to complete another traffic count this fall. The consensus of both the City of Orono and Hennepin County staff is that the intersection geometries need to be improved to allow for the safe installation of a traffic signal. Left turn lanes need to be constructed on County Road 6 to replace the existing bypass lanes, and the Willow Drive intersection approaches also need to be improved. The City of Orono has taken the lead role in completing a feasibility study to evaluate the potential for intersection improvements. The tentative plan is for the possible completion of an intersection safety improvements project with the provision for a future traffic signal when one is warranted. The schedule, costs, and funding for this project have not been determined at this time. Our previous reconunendation that the City of Medina be responsible for the local share of costs, on the northern leg of this intersection is still valid Page 3 of 4 ll Sumniary We have had several conversations with the developer, Mr. Dean Johnson, regarding the proposed project, and he is aware of our concerns about this project and the letter that was previously sent to Medina. However, the request for sewer from Orono has only been communicated to us by Mr. Johnson with no formal request from theCity of Medina yet The City of Orono believes that rather than continuing discussions with the developer reganling this project it is in the best interests of both Cities that any future discussions regaMing this project are conducted between representatives from the two cities. This project has significant land use and utility issues for both cities and communication between the Cities of Orono and Medina is necessary for this project. Thank you for your assistance in this matter. Please contact us at 952-249-4600 regarding this issue. Sincerely; Director of Public Services Copy: Mayor Barbara Peterson and Orono City Council Members Ron Moorse, Orono City Administrator Mike Gaffron, Orono Planning Director Tom Kellogg, Orono City Engineer, Bonestroo Engineers Jerry Smrcka, Hennepin County Public Works Page 4 of 4 KBUER ESTATES CHyctlHsdb»E Hsnnspbt Counfy, Minnssota NfnikA MfWHMQSlOC rmsr adcmihim jii* i§! SITC —- rAscHow • I fMO C^p to to: '^ o <1 SIXTH PjREUMINARYNOT rat eoNtmienQii jp. >- '.y Steiner &KoDDeIman A Tradition of Excellence May 27.2003 City Council City of Orono Dear Council Member I am here tonight understanding that there is a problem with the Special Event Permit issued to Steiner & Koppelman on April 29'*'. 2003. I am also here because I recognize the neighbors concerns and want to work in good faith with the city to meet those concerns. In short I want to be a good neighbor, just as we have been during the construction process. Rightly or wrongly, we relied on the permit in making plans for the event. Therefore all literature promoting the event (which has all been published) does not show or talk about a shuttle to the property. Having said that, we are creating a shuttle sen^ice to take care of each Saturday and Sunday of the event However, we have not found a practical or effective solution for Friday. It is on this last point we ask the city ’s and neighbors indulgence. To be specific, we feel that we can effectively manage Friday parking on Pheasant Road itself. By experience we know that Friday traffic is not nearly as heavy as the weekend. It runs about tO-14 cars per hour. With proper personnel we can manage with no adverse impact on the neighbors. Again, the weekends would be covered by the shuttle service. As we are proud of the projects that we build and proud of the neighborhoods we build them in, we pledge every effort to make this system work. Given this, there are several items to keep in mind: • We will fix any damage to private property that occurs. Regardless of what we do, there will be cars going down Pheaaant Road. • On Friday there would be no cul-de-sac parking and parking on one side of the street only as found in the original permit. There are other projects and other events going on during our event. • We do not wish to inhibit the neighbors from their normal activities. r teiner&Kopo A Tradition of Excellence We are as concerned with safety as the neighborhood is. This particular event does not generate near the traffic that the Parade of Homes does. As you can see, we are trying to work with you in solving neighbor concerns. If we can get through the Friday question. K would be appreciated. I will be happy to answer any other questions you have. Sincerely. SteineriKoppelman David Steingas Owner 952-473-5435/612-414-5124 5 ■V T