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HomeMy WebLinkAbout09-08-2003 Council PacketCO'“—. SEP 0 fl 2003 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPT^I^ 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet • located on the eounter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of August 25,2003 PARK COMMISSION COMMENTS -Debora Halvorson, Representative PLANNING COMMISSION COMMENTS - Stephanie Zugschwert, RepresentatiN e LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 3. /#03-2919 Kevin and Deborah Thompson, 90 Road - Variances - Resolution MAYOR/COUNCIL REPORT 4. Appointment of New Council Member - Resolution PI uLiC SERVICE DIRECTOR’S REPOR I 5. Adopt Assessment Roll for Heritage Drive Sanitary Sewer Extension - R.'solution 6. Adopt Revised Assessment for North Arm Lane Paving Project - Resolution 7. Order Feasibility Study for West Farm Sew er - Resolution 8. Approve Mn 130T Paxment for Old Crvstal Bay Road Pavement Project 9. Accept Quotation for Stubbs Bay Road Erosion Project 1 0. Approve MnT)OT Pa>incnl - TH1 2 Signals at Brown Road and Old Crystal Bay Road 11 . Stonebay Development - Kelley Parkw ay Streetlights CITY ADMINISTRATOR'S REPORT 12. Request for Payment No. 7 - Navarre Fire Station 13. Application and Certificate for Payment No. 2 - Navarre Fire Station 1 4. Request for Payment - Long Lake Fire Station 15. Disposal of Surplus Police Vehicles 1 6. Disposal of Surplus Property - Police Department - Resolution 1 7. Adopt Preliminary 2004 Tax Levy and Budget - Resolutions i AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 8,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARIO^AY, ORONO, MINNESOTA 18. 19. 20. 21. 22. 23. 24. 25. Selection ot* Dates for Truth in Taxation Hearings Approve Condemnation Attorney - Corrine Thomson of Kennedy and Gra\'en Adopt New Code for the City of Orono -• Ordinance Appraiser for Saga Hill Park Parcels Letters of Support for WAFTA Funding Citizen Complaint Regarding Drainage and City ’s Right-of-Way Lane on Iv7 Place Continuing Full Funding for Additional Water Patrol Deputies - Resolution Accept the Resignation of Jack Brinkhaus from His Position as Public Works Superintendent CITY ATTORNEY'S REPORT * 26. LICENSES Special Event * 27. BILLS UPCOMING ISSUES AND EVENTS 2m 09/08 - Council Meeting, 7:00 p.m. 09/15 - Planning Commission Meeting, 6:00 p.m. 09/22 - Council Meeting, 7:00 p.m. 10/01 - Planning Commission Work Session, 5:30 p.m. 10/06 - Park Commission Meeting, 7:15 p.m. lO/tt - Council Meetine. 7:00 p.m. 10/20 - Planning Commission Meeting, 6:00 p.m. 10/27 - Council Meeting, 7:00 p.m. r Public Attendance Meeting Date ^ ^C ouncil □ Planning C ommission □ Park C ommission □ Other NAME (please print) 1. 2. 3. 4.. 5.. 6. 7. 8.. 9. 10. 11. 12. 13. 14. 15. % :\4iil«lnnii;t SapfwfHfanMl^Mlic Please fill out the information requested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER r 03 yif‘1 miyisMiBnsIlliai i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m.SEP 0 8 2003 OM r or ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Bob Sanscvere; Council Members Jim Murphy and Jim White; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffton, Planners poth and Janice Waataja, City Engineer Tom KeE'agg, and Recorder Kristi Anderson. Mayor Barbara Peterson and Public Service Director Greg Gappa w'ere absent. Acting Mayor Sanscvere called the meeting to order at 7:00 P.M. CONSENT AGENDA 1. Approve/Amend Council members added items #4, S, 12, and 15-23 to the Consent Agenda. Murphy moved. White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of August 11,2003 Murphy moved, White seconded, to approve the Minutes of the Regular Council Meeting of August 11,2003 as presented. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS > Pat Wolfe Wolfe stated that he had no new comments; however, would remain for questions. PLANNING COMMISSION CO.Mai.:.NTS - J. .Mark Friuivr As Fritzler was unable to attend, Murphy indicated that he had attended recent Planning Commission meetings and would be able to comment if necessary. LMCD REPORT - Lili McMillan While she believed the public was already aw’are, McMillan reported that no charges would be filed in the July 4*^ death at Big Island, as the victim was hit by his own boat and it was ruled an unfortunate accident. McMillan stated that the LMCD would be holding a public meeting on Wednesday, August 27, 2003, to review and make a recommendation regarding the buoy lane locations for Big Island. While she noted that four perpendicular l.ines would be installed, McMillan indicated that the board would be review ing three options for a shoreline buoy bulTer zone. Page 1 of 14 J I »(■•' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. (LMCD REPORT » LiU McMiUan, Continued) McMillan shared the three options with the City Council, the first of which. Option A, was the preferred option by the Water Patrol, which identified a 125’ no anchoring lane along the shoreline. The other alternatives were created by Burt Foster, head of the LMCD, with the W'ater Patrol and ir.cl’jdcd, 2 r.c* nrch^'rir.g zone delineated b> buoys 25*+ from shore that allows for swimming on the other side of the through lane, the final altemative roped off a swimming area which could double as a shoreline lane in emergencies. Sansevere voiced his concern regarding Option A, which allows no anchoring except 100’+ away from shore, and would eliminate the ability of the public, adults and children alike, to stand or play in the water. McMillan agreed that this w'ould be the downfall of Option A and pointed out that Option 2 moves the lane away from shore, with anchoring allow-ed on the other side. Sansevere stated that, in his opinion, both Options I and 2 created dangerous conditions for swimmers and encouraged boaters with the ability to cruise the whole area. McMillan stated that Option 3 would likely be a maintenance nightmare to maintain the ropes and markers. She indicated that at the July 23'^ meeting, the mayors felt they should pursue the Water Patrol’s recommendation. While the July d"* accident proved that access is critical, McMillan acknowledged that members of the public might object to these restrictive options at the Wednesday evening meeting. Sansevere pointed out that, installing these invasive measures at Big Island, might only succeed in moving boaters to other areas of the lake where families tend to frequent, thus causing additional problems. He reiterated the need to allow adults and children who do frequent Big Island during the week and weekends the ability to stand. Sansevere believed that, if he were forced to choose, he would support option 2 since it allowed people to stand and swim near the shore. He believed that the option still involved ur.neccssary risk and that parents would hesitate allowing their children to swim so far from their boat. Sansevere informally asked the public at the Council meeting whether they felt it important for people to be able to stand along the shoreline while visiting Big Island, approximately 15 people nodded in agreement. White mtegected that he believed it was more important for the LMCD and the City Councils to hold other discussions regarding how to hold people more accountable for their actions at Big Island versus making a decision overnight about additional buoys and lanes. McMillan concurred, stating that more needs to be done to hold people accountable for their actions and pointed out that the water patrol had held recent stings since July 4'*' to arrest troublemakers. She recognized the fact that, unfortunately, many people feel they carmot bring their families to Big Island on the weekends. Sansevere reiterated the need for people to be able to stand and urged McMillan to relay this concern to the LMCD on Wednesday evening. He noted that, oftentimes, when fiunilies do visit Page 2 of 14 laaoi mM MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o'clock p.m. (LMCD REPORT - Lili McMiUan, Continued) Big Island they tend to park further East and West on the Island and questioned if the buoys needed to run to the edges as shown. Since the LMCD recognizes the public’s concern regarding the additional lane, McMillan noted that the shoreline buoys had not been ordered in order to allow for public comment at Wednesday’s meeting. Sansevere repeated his hesitation to overreact to the July 4* accident by installing excessive buoys Without looking into the problems at Big Island farther. Pat Wolfe, Park Commissioner, inteijected that he, too, agreed with Council members Sansevere and White that more e.\amination with regard to the law enforcement aspect of Big Island’s difficulties needs to be done. He stated that Big Island is basically a park which falls under Orono’s jurisdiction and more consideration should be given to the kinds of recreational opportunities that should exist there. He noted that a plan needs to be created and more time devoted to considering the options which make the most sense for Big Island. While he believed consideration needed to be given to the law enforcement and recreational aspects of Big Island, Murphy acknowledged the fact that the people who currently visit Big Island are aware of the problems and need to decide to be responsible. McMillan agreed that a message needs to be sent to those who frequent Big Island that you need to be responsible and come to the beach with good intentions. Murphy believed that prudence was the answer. Since the additional buoys would not be added until 2004 he advised that more planning over the winter continue in an effort to preserve the public’s freedom. McMillan pointed out that when the idea of buoys first emerged for Big Island several years ago, there was concern about being overly restrictive; therefore, the LMCD installed three of four safety lanes at that time. She asked if the Council wished her to relay to the LMCD that they should take additional time to evaluate their options. While he preferred no ropes for the beach. White acknow ledged the Water Patrol’s concerns. McMillan agreed that the LMCD should take the time to collect comments from all lake communities before taking action. Sansevere encouraged McMillan to c.xptain the Council’s concern to the LMCD that, if no one can stand, the problem may be transferred to other parts of the lake, thus, making patrolling even more difficult. W’hile no additional funding is available for 2004 to pay for extra deputies, McMillan noted that extra help is necessary for weekends. Page 3 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. (LMCD REPORT - LIU McMillan, Continued) Murphy maintained that the budget is available for additional deputies; however, the sheriffhas chosen to spend the money elsewhere. Ir. c!c;:r.g, > !;MiiIan reported tluit the 2002 V.’atcr Quality Analysis was completed and showed that high amounts of rainfall caused higher concentrations than usual of phosphorous in bays like Crystal Bay due to the flushing effect. PRESENTATION 3. 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT - Ken Malloy Ken Malloy, of the City ’s auditing firm, presented an overview of the 2002 Comprehensive Annual Financial Report. While he noted that the City still needs to obtain one broker’s certillcate, he pointed out that Orono follows state law and uses acceptable accounting practices. Malloy reported that since Orono has relied less on state aid over the years t is less impacted by cutbacks at the state level. WTiile the city cannot raise taxes to cover losses due to levy limits, Malloy indicated that Ormio is in good shape in comparison to other municipalities. He pointe '. out that, while market values continue to go up in Orono and the state, Orono has a very small tax rate growth as compared to state averages. Malloy noted that Orono produces an average rate of revenue, uses little state funding, and has a higher cost for public safety services, in particular, due to providing police service to other cities. These higher costs aic offset by the revenues received from the cities. He pointed out that the new reporting model which will take eflcct in 2 years will reflect the offsetting of revenues and expenditures more readily. He stated that the operating results, sewer operating fund, water fund, and other enterprise funds seem to be self sufficient. While the golf course operating fund has operated at a loss for two years, Malloy acknowledged that this is typical of w hat's occurred in other cities due to wet weather in previous years. Malloy reported that, due to new fraud standards in the industry, the auditing profession is trying to ask more questions of its clients, provide more communication, and leave no ‘stone unturned’ In conclusion, Malloy stated that Orono’s financial records were in very good condition, a credit to the people handling the City ’s records accurately. White recognized the City ’s accounting staff and administration for doing a great job for Orono. He noted that the 2004 budget would reflect a reduced budget. Murphy believed that Orono should be acknowledged for its accounting practices. He pointed out that, while no industrial area exists, the tax rate is extraordinarily low. which he believed was worth acknowledging. Page 4 of 14 4 i r" MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. PUBLIC CO>LMEiNTS While not on the agenda, John Jones, 3490 North Shore Drive, asked to present the process he’d endured in an attempt to build a new home. While he had since received his permit. Jones explained that the biggest problems he faced during the planning process were the height restriction and lack of a 2 Vi stor> definition. Originally, Planner Paul Weinberger assiitcJ Jones in his planning, acknowledging that the City did not possess a Vi story definition. During a Planning Commission meeting. Jones explained that Gaffron used a definition from an architectural guide and an e.\ample from Edina’s code, which allowed 60% living space above S’ in height; whereas. 40% of the story needs to be below S’ high for the half story . Jones showed ov erheads depicting what was approved, lie pointed out that Edina’s code excludes the stairway from the calculation; however, when he attempted to pick up his permit from Orono, Orono indicated that they would not exclude the stairway from the calculation. Jones questioned why, if Orono had no definition of its own, and used Edina as its model, why the stairway would not be excluded, similar to the code they quoted. White asked what size home they w ere proposing. Jones indicated that the home fit a mere 13UU s.t. footprint. While he understood the City’s desire to restrict massing, Jones pointed out that discussions regarding this small home have been ongoing for over a year with the City. Murphy asked Jones to identify the specific issue he had with the priKess. Jones explained that, since the City has not defined its definition and adopted that of Edina’s and the architectural guide, he Hi r.c! hov. to go about applying for a variance. He stated that he has not requested any height variance, and does not wish to do so; however, Jones would like to alter the space on the half story to exchange the unlivable stairwell space for livable space. In addition, the building inspector told him he must enclose the half story deck and count it as living space. Jones asked the Council to acknow ledge that the plan he had submined met code and complied with the 30’ height limit and pseudo half story definition, pulled from Edina’s ordinance and the architectural guide. Charlotte Lipa, 3490 North Shore Drive, pointed out that the half story definition referred to by the Planning Commission and Gaffron was never added to the zoning code. She \oiced her frustration, after running in circles and having done additional research of other community’s codes over the past year, Lipa asked the Council to come to some type of resolution for them. Since no code exists, no building inspector seems to be able to sign off on their request, nor do they know how to ask for a variance to get what they want. Jones added that, during the planning process, they came before the Planning Commission 3-4 times with different plans based on different requirements thrown at them each time they came before the Commission. Lipa reported that, after many weeks and many calls waiting for the building inspector to review their permit application, it wasn’t until the day before her e.xcavator was scheduled when she showed up to pick up the permit that Oman flagged their permit saying they did not meet the deflnition they were given for the half story. Page 5 of 14 i i J CO'“—. SEP 0 fl 2003 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPT^I^ 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet • located on the eounter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of August 25,2003 PARK COMMISSION COMMENTS -Debora Halvorson, Representative PLANNING COMMISSION COMMENTS - Stephanie Zugschwert, RepresentatiN e LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 3. /#03-2919 Kevin and Deborah Thompson, 90 Road - Variances - Resolution MAYOR/COUNCIL REPORT 4. Appointment of New Council Member - Resolution PI uLiC SERVICE DIRECTOR’S REPOR I 5. Adopt Assessment Roll for Heritage Drive Sanitary Sewer Extension - R.'solution 6. Adopt Revised Assessment for North Arm Lane Paving Project - Resolution 7. Order Feasibility Study for West Farm Sew er - Resolution 8. Approve Mn 130T Paxment for Old Crvstal Bay Road Pavement Project 9. Accept Quotation for Stubbs Bay Road Erosion Project 1 0. Approve MnT)OT Pa>incnl - TH1 2 Signals at Brown Road and Old Crystal Bay Road 11 . Stonebay Development - Kelley Parkw ay Streetlights CITY ADMINISTRATOR'S REPORT 12. Request for Payment No. 7 - Navarre Fire Station 13. Application and Certificate for Payment No. 2 - Navarre Fire Station 1 4. Request for Payment - Long Lake Fire Station 15. Disposal of Surplus Police Vehicles 1 6. Disposal of Surplus Property - Police Department - Resolution 1 7. Adopt Preliminary 2004 Tax Levy and Budget - Resolutions i AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 8,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARIO^AY, ORONO, MINNESOTA 18. 19. 20. 21. 22. 23. 24. 25. Selection ot* Dates for Truth in Taxation Hearings Approve Condemnation Attorney - Corrine Thomson of Kennedy and Gra\'en Adopt New Code for the City of Orono -• Ordinance Appraiser for Saga Hill Park Parcels Letters of Support for WAFTA Funding Citizen Complaint Regarding Drainage and City ’s Right-of-Way Lane on Iv7 Place Continuing Full Funding for Additional Water Patrol Deputies - Resolution Accept the Resignation of Jack Brinkhaus from His Position as Public Works Superintendent CITY ATTORNEY'S REPORT * 26. LICENSES Special Event * 27. BILLS UPCOMING ISSUES AND EVENTS 2m 09/08 - Council Meeting, 7:00 p.m. 09/15 - Planning Commission Meeting, 6:00 p.m. 09/22 - Council Meeting, 7:00 p.m. 10/01 - Planning Commission Work Session, 5:30 p.m. 10/06 - Park Commission Meeting, 7:15 p.m. lO/tt - Council Meetine. 7:00 p.m. 10/20 - Planning Commission Meeting, 6:00 p.m. 10/27 - Council Meeting, 7:00 p.m. r Public Attendance Meeting Date ^ ^C ouncil □ Planning C ommission □ Park C ommission □ Other NAME (please print) 1. 2. 3. 4.. 5.. 6. 7. 8.. 9. 10. 11. 12. 13. 14. 15. % :\4iil«lnnii;t SapfwfHfanMl^Mlic Please fill out the information requested BELOW FOR OUR CITY RECORDS. ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER r 03 yif‘1 miyisMiBnsIlliai i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m.SEP 0 8 2003 OM r or ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Bob Sanscvere; Council Members Jim Murphy and Jim White; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffton, Planners poth and Janice Waataja, City Engineer Tom KeE'agg, and Recorder Kristi Anderson. Mayor Barbara Peterson and Public Service Director Greg Gappa w'ere absent. Acting Mayor Sanscvere called the meeting to order at 7:00 P.M. CONSENT AGENDA 1. Approve/Amend Council members added items #4, S, 12, and 15-23 to the Consent Agenda. Murphy moved. White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of August 11,2003 Murphy moved, White seconded, to approve the Minutes of the Regular Council Meeting of August 11,2003 as presented. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS > Pat Wolfe Wolfe stated that he had no new comments; however, would remain for questions. PLANNING COMMISSION CO.Mai.:.NTS - J. .Mark Friuivr As Fritzler was unable to attend, Murphy indicated that he had attended recent Planning Commission meetings and would be able to comment if necessary. LMCD REPORT - Lili McMillan While she believed the public was already aw’are, McMillan reported that no charges would be filed in the July 4*^ death at Big Island, as the victim was hit by his own boat and it was ruled an unfortunate accident. McMillan stated that the LMCD would be holding a public meeting on Wednesday, August 27, 2003, to review and make a recommendation regarding the buoy lane locations for Big Island. While she noted that four perpendicular l.ines would be installed, McMillan indicated that the board would be review ing three options for a shoreline buoy bulTer zone. Page 1 of 14 J I »(■•' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. (LMCD REPORT » LiU McMiUan, Continued) McMillan shared the three options with the City Council, the first of which. Option A, was the preferred option by the Water Patrol, which identified a 125’ no anchoring lane along the shoreline. The other alternatives were created by Burt Foster, head of the LMCD, with the W'ater Patrol and ir.cl’jdcd, 2 r.c* nrch^'rir.g zone delineated b> buoys 25*+ from shore that allows for swimming on the other side of the through lane, the final altemative roped off a swimming area which could double as a shoreline lane in emergencies. Sansevere voiced his concern regarding Option A, which allows no anchoring except 100’+ away from shore, and would eliminate the ability of the public, adults and children alike, to stand or play in the water. McMillan agreed that this w'ould be the downfall of Option A and pointed out that Option 2 moves the lane away from shore, with anchoring allow-ed on the other side. Sansevere stated that, in his opinion, both Options I and 2 created dangerous conditions for swimmers and encouraged boaters with the ability to cruise the whole area. McMillan stated that Option 3 would likely be a maintenance nightmare to maintain the ropes and markers. She indicated that at the July 23'^ meeting, the mayors felt they should pursue the Water Patrol’s recommendation. While the July d"* accident proved that access is critical, McMillan acknowledged that members of the public might object to these restrictive options at the Wednesday evening meeting. Sansevere pointed out that, installing these invasive measures at Big Island, might only succeed in moving boaters to other areas of the lake where families tend to frequent, thus causing additional problems. He reiterated the need to allow adults and children who do frequent Big Island during the week and weekends the ability to stand. Sansevere believed that, if he were forced to choose, he would support option 2 since it allowed people to stand and swim near the shore. He believed that the option still involved ur.neccssary risk and that parents would hesitate allowing their children to swim so far from their boat. Sansevere informally asked the public at the Council meeting whether they felt it important for people to be able to stand along the shoreline while visiting Big Island, approximately 15 people nodded in agreement. White mtegected that he believed it was more important for the LMCD and the City Councils to hold other discussions regarding how to hold people more accountable for their actions at Big Island versus making a decision overnight about additional buoys and lanes. McMillan concurred, stating that more needs to be done to hold people accountable for their actions and pointed out that the water patrol had held recent stings since July 4'*' to arrest troublemakers. She recognized the fact that, unfortunately, many people feel they carmot bring their families to Big Island on the weekends. Sansevere reiterated the need for people to be able to stand and urged McMillan to relay this concern to the LMCD on Wednesday evening. He noted that, oftentimes, when fiunilies do visit Page 2 of 14 laaoi mM MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o'clock p.m. (LMCD REPORT - Lili McMiUan, Continued) Big Island they tend to park further East and West on the Island and questioned if the buoys needed to run to the edges as shown. Since the LMCD recognizes the public’s concern regarding the additional lane, McMillan noted that the shoreline buoys had not been ordered in order to allow for public comment at Wednesday’s meeting. Sansevere repeated his hesitation to overreact to the July 4* accident by installing excessive buoys Without looking into the problems at Big Island farther. Pat Wolfe, Park Commissioner, inteijected that he, too, agreed with Council members Sansevere and White that more e.\amination with regard to the law enforcement aspect of Big Island’s difficulties needs to be done. He stated that Big Island is basically a park which falls under Orono’s jurisdiction and more consideration should be given to the kinds of recreational opportunities that should exist there. He noted that a plan needs to be created and more time devoted to considering the options which make the most sense for Big Island. While he believed consideration needed to be given to the law enforcement and recreational aspects of Big Island, Murphy acknowledged the fact that the people who currently visit Big Island are aware of the problems and need to decide to be responsible. McMillan agreed that a message needs to be sent to those who frequent Big Island that you need to be responsible and come to the beach with good intentions. Murphy believed that prudence was the answer. Since the additional buoys would not be added until 2004 he advised that more planning over the winter continue in an effort to preserve the public’s freedom. McMillan pointed out that when the idea of buoys first emerged for Big Island several years ago, there was concern about being overly restrictive; therefore, the LMCD installed three of four safety lanes at that time. She asked if the Council wished her to relay to the LMCD that they should take additional time to evaluate their options. While he preferred no ropes for the beach. White acknow ledged the Water Patrol’s concerns. McMillan agreed that the LMCD should take the time to collect comments from all lake communities before taking action. Sansevere encouraged McMillan to c.xptain the Council’s concern to the LMCD that, if no one can stand, the problem may be transferred to other parts of the lake, thus, making patrolling even more difficult. W’hile no additional funding is available for 2004 to pay for extra deputies, McMillan noted that extra help is necessary for weekends. Page 3 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. (LMCD REPORT - LIU McMillan, Continued) Murphy maintained that the budget is available for additional deputies; however, the sheriffhas chosen to spend the money elsewhere. Ir. c!c;:r.g, > !;MiiIan reported tluit the 2002 V.’atcr Quality Analysis was completed and showed that high amounts of rainfall caused higher concentrations than usual of phosphorous in bays like Crystal Bay due to the flushing effect. PRESENTATION 3. 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT - Ken Malloy Ken Malloy, of the City ’s auditing firm, presented an overview of the 2002 Comprehensive Annual Financial Report. While he noted that the City still needs to obtain one broker’s certillcate, he pointed out that Orono follows state law and uses acceptable accounting practices. Malloy reported that since Orono has relied less on state aid over the years t is less impacted by cutbacks at the state level. WTiile the city cannot raise taxes to cover losses due to levy limits, Malloy indicated that Ormio is in good shape in comparison to other municipalities. He pointe '. out that, while market values continue to go up in Orono and the state, Orono has a very small tax rate growth as compared to state averages. Malloy noted that Orono produces an average rate of revenue, uses little state funding, and has a higher cost for public safety services, in particular, due to providing police service to other cities. These higher costs aic offset by the revenues received from the cities. He pointed out that the new reporting model which will take eflcct in 2 years will reflect the offsetting of revenues and expenditures more readily. He stated that the operating results, sewer operating fund, water fund, and other enterprise funds seem to be self sufficient. While the golf course operating fund has operated at a loss for two years, Malloy acknowledged that this is typical of w hat's occurred in other cities due to wet weather in previous years. Malloy reported that, due to new fraud standards in the industry, the auditing profession is trying to ask more questions of its clients, provide more communication, and leave no ‘stone unturned’ In conclusion, Malloy stated that Orono’s financial records were in very good condition, a credit to the people handling the City ’s records accurately. White recognized the City ’s accounting staff and administration for doing a great job for Orono. He noted that the 2004 budget would reflect a reduced budget. Murphy believed that Orono should be acknowledged for its accounting practices. He pointed out that, while no industrial area exists, the tax rate is extraordinarily low. which he believed was worth acknowledging. Page 4 of 14 4 i r" MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. PUBLIC CO>LMEiNTS While not on the agenda, John Jones, 3490 North Shore Drive, asked to present the process he’d endured in an attempt to build a new home. While he had since received his permit. Jones explained that the biggest problems he faced during the planning process were the height restriction and lack of a 2 Vi stor> definition. Originally, Planner Paul Weinberger assiitcJ Jones in his planning, acknowledging that the City did not possess a Vi story definition. During a Planning Commission meeting. Jones explained that Gaffron used a definition from an architectural guide and an e.\ample from Edina’s code, which allowed 60% living space above S’ in height; whereas. 40% of the story needs to be below S’ high for the half story . Jones showed ov erheads depicting what was approved, lie pointed out that Edina’s code excludes the stairway from the calculation; however, when he attempted to pick up his permit from Orono, Orono indicated that they would not exclude the stairway from the calculation. Jones questioned why, if Orono had no definition of its own, and used Edina as its model, why the stairway would not be excluded, similar to the code they quoted. White asked what size home they w ere proposing. Jones indicated that the home fit a mere 13UU s.t. footprint. While he understood the City’s desire to restrict massing, Jones pointed out that discussions regarding this small home have been ongoing for over a year with the City. Murphy asked Jones to identify the specific issue he had with the priKess. Jones explained that, since the City has not defined its definition and adopted that of Edina’s and the architectural guide, he Hi r.c! hov. to go about applying for a variance. He stated that he has not requested any height variance, and does not wish to do so; however, Jones would like to alter the space on the half story to exchange the unlivable stairwell space for livable space. In addition, the building inspector told him he must enclose the half story deck and count it as living space. Jones asked the Council to acknow ledge that the plan he had submined met code and complied with the 30’ height limit and pseudo half story definition, pulled from Edina’s ordinance and the architectural guide. Charlotte Lipa, 3490 North Shore Drive, pointed out that the half story definition referred to by the Planning Commission and Gaffron was never added to the zoning code. She \oiced her frustration, after running in circles and having done additional research of other community’s codes over the past year, Lipa asked the Council to come to some type of resolution for them. Since no code exists, no building inspector seems to be able to sign off on their request, nor do they know how to ask for a variance to get what they want. Jones added that, during the planning process, they came before the Planning Commission 3-4 times with different plans based on different requirements thrown at them each time they came before the Commission. Lipa reported that, after many weeks and many calls waiting for the building inspector to review their permit application, it wasn’t until the day before her e.xcavator was scheduled when she showed up to pick up the permit that Oman flagged their permit saying they did not meet the deflnition they were given for the half story. Page 5 of 14 i i J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. (PUBLIC COMMENTS, Continued ) Sansevere asked Moorse how staff could streamline the process for this couple to obtain their permits and get the definition they need from us to proceed. Lipa stated that she had spoken to Moorse and asked, if they could not get on the agenda, if they should present their case to Council. Jones slated that Moorse indicated that the Planning Commission had given them a working half story definition to follow; however, Jones maintained that the definition continues to be incomplete, i.e. the stairw’ay and deck issues. Sansevere asked Jones if he was not satisfied with the definition provided. Gaffron explained that the Planning Commission has been wrestling with the issues of height and massing over the past I '/> years, pointing out that the '/j story definition is just a small piece of that issue. He stated that, since 1967, the City has had a definition in place that limits building height to 30' or 2 '/] stories and absent a true definition of the half story, staff reviewed other cities’definitions and the architectural guide to find a standard which could be administered until the City could establish its own definition on the topic. Murphy asked what phase the Jones application was in. Gaffron stated that the Jones’ went thru the variance process; however, he did not believe that the Planning Commission had heard their specific problems presented this evening. Sansevere asked the height of the proposed home. Jones indicated 30' by the City definition of height. Sansevere asked why the City could not simply look at the issue as a matter of height; therefore, allowing the applicant to proceed since he does not exceed the height limitation. Gaffron stated that, oftentimes, height depends on the topography of a lot. Lipa pointed out that liking or disliking the definition was not the issue. Lipa maintained that they had gone to great lengths, great costs and delay, tiying to meet the City's ‘definition’ of a half story. She reiterated the difficulty they have faced trying to calculate their half story where no calculation has been established, can they exclude the stairway or not etc. She indicated that their whole experience has been awful and they do not want others to have to go through this same process. White pointed out that there is a hole in the lot now waiting to have a home built upon it. He believed it would benefit the city to see them get a nice home put up to replace the ugly old shack there currently. Attorney Barrett asked for clarification, noting the applicant had not requested a wriance for height and has met the 30' height requirement including the half story. Page 6 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2003 7:00 o’clock p.m. (PITBIJC COMMENTS, Continued ) ('uffi Stated that the Joneses had not requested a height variance. Barrett disagreed with the statement from Gaffron that there is no solid language in the eode of a definition, when in actuality it does state you can go to 2 '/) stories or 30' tall. Barrett cautioned that if the code states 30’ or 2 '4 stories are allowable the City must administrate this based on an accepted interpretation, and apply it systematically to all applications. The City has the ability to define the half story as long as it applies it systematically and reasonably. Sansevere asked if Gaffron could meet with the applicants to resolve the issues. Gaffron slated that the City has issued a permit it is comfortable with. He stated that the only thing that w ould change is telling staff that their interpretation is wrong and the applicants could go thru an administrative appeal process. Barrett agreed that, procedurally, the appeal process would be helpful. Since the applicants had received a permit for work they don’t want, in essence, they have been denied the permit they do want, and it is the denial of that permit by staff that needs to be foeared on and brought before the Council for reconsideration. Barrett was hesitant to encourage the appeal process from the standpoint that staff does not seem to have a strong grip on the facts regarding what constitutes the half story. Murphy asked when the building permit was obtained and applied for and what caused the delay. In addition to the half story definition, Jones acknowledged that they had taken time to redesign the main level living space to accommodate a larger kitchen. Lipa reiterated the fact that they appeared before the Planning Commission 3-4 times in an effort to meet the ever changing defmition of the half story and they wished to save others from the same fate. Jones stated that they had hoped they might be able to move forward on their construction with the Council’s blessings. He repeated that they have not asked for a height variance to accomplish this; however, they cannot ask for a variance to their half story when there is no code to apply it to. As they were unable to meet the deadline to be placed on the agenda, Lipa stated that she had spoken to Moorse and flat out asked him if the Council could make a motion off their public comment piece and he responded that, while it was seldom done, it was possible. Moorse indicated that he advised the applicants to provide a letter for review by the Council prior to the meeting, if possible, on which to base their recommendation, but also indicated that a Council member could choose to make a motion. While he recognized they’d been faced with a frustrating year, part the City’s fault due to the lack of definition and part their own, Murphy did not know how to help other than refemng the Joneses back to staff to work with them to create a plan that could come back formally before Council. He Page 7 of 14 Miua, MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 2S, 2003 7:00 o’clock p.m. (PUBLIC COMMENTS, Continued) indicated that, since they have a building permit in hand, they could begin their building process and come back. Jones asked how soon they might be heard. Since no clear definition exists, Moorse asked the Council and staff if they would be comfortable trying to reach a definition for the applicants to base their appeal upon. As the Joneses disagree with staff s current interpretation, Moorse asked how the Council would proceed. Murphy stated that he would be hesitant wrestling with a definition without Gaffron and staffs input. Jones reiterated that he would be willing to ask for a variance if it could be determined what code the variance could be applied to. ZONING ADMLNISTRATOR'S REPORT *4. #03-2839 BOYER BiriLDING CORPORATION - 3320 WATERTOWN ROAD - FINAL PLAT APPROVAL - RESOLUTION NO. 5025 Murphy moved, White seconded, to adopt RESOLUTION NO. 5025, a Resolution granting Final Plat approval to Boyer Building Corporation, 3220 Watertown Road. VOTE: Ayes 3, Navs 0. *5. #03-2907 JEFF AND CARA ZIEBARTH - 720 NORTH ARM DRIVE - VARIANCES RESOLUTION NO. 5026 Murphy moved. White seconded, to adopt RESOLUTION NO. 5026, a Resolution granting variances per the newly revised site plan, grading plan, plan/elevation depictions, and coionnade design to allow a new residence to be constructed on the property located at 720 North Arm Drive. VOTE: Ayes 3, Nays 0. 6. ffU3-29i9 KE\ IN AND DEBORAH THOMPSON - 90 MYRTLEWOOD ROAD - VARIANCES Murphy moved, Sansevere seconded, to table Application #03-2919, Kevin and Deborah Thompson, 90 Myrtlewood Road, in the appiicants* absence. VOTE: Ayes 3, Nays 0. *7. #03-2922 LMAGINAUTY ON BEHALF OF MIKE CASHMAN - 1685 FOX STREET VARIANCES - RESOLUTION NO. 5027 Murphy moved. W hite seconded, to adopt RESOLl'TIO.N NO. 5027, a Resolution granting wetland setback variances for 1655/1685 Fox Street to allow placement of addreu monuments. VOTE: Ayes 3, Nays 0. Page 8 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o ’clock p.m. *8.803-2927 JAMES AND LINDA MARTINSON - 1435 PARK DRI\T. - VARIANCE - RESOLUTION NO. 5028 Murphy moved. White seconded, to adopt RESOLUTION NO. 5028, a Resolution granting lot area and lot width variances to construct a 3,608 s.f. single family home on the .75 acre with deflned lot width of 95’ at the lake and 100' at the 75’ setback. VOTE: Ayes 3, Nays 0. *9.803-2930 STREETER AND ASSOCIATES ON BEHALF OF RICHARD AND DELORES LITTLE, 2775 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 5029 Murphy moved. White seconded, to adopt RESOLIITION NO. 5029, a Resolution granting hardcover variances in order to replace driveway hardcover with a 22’ X 25’ garage addition for the property located at 2775 Shad>wood Road. VOTE: Ayes 3, Nays 0. *10. 803-2931 TIMOTHY AND KRISTI OSTERBERG, 1045 LOMA LINDA AVEME - VARIANCES - RESOLUTION NO. 5030 Murphy moved, White seconded, to adopt RESOLI^ION NO. 5030, a Resolution granting a front yard setback variance of 28’ where 35’ is required to replace an existing attached garage for 1045 Loma Linda Avenue. VOTE: Ayes 3, Nays 0. *11.803-2932 NHCHAEL HAYES OF MICHAEL HAYES HOMES ON BEHALF OF ALBERT TRAPENESE, 3220 BOHN’S POINT LAND - VARIANCES - RESOLUTION NO. 5031 Murphy moved. White seconded, to adopt RESOLirflON NO. 5031, a Resolution granting a Conditional Use Permit to place a detached accessory structure on a through lot, and also a variance in order to place that detached accessory structure 20’ from a street side lot line where a 35’ setback is required. VOTE: Ayes 3, Nays 0. *12.^ rv ^ ^ rr GARY NECE ON BEHALF OF ROBERT AND BRENDA MACDO.NALD, 2480 OLD BEACH ROAD - CONDITIONAL USE PER.MITS - VARIANCES - RESOLUTION NO. 5032 Murphy moved. White seconded, to adopt RESOLUTION NO. 5032, a Resolution granting a Conditional Use Permit to allow plumbing In an accessory building for a toilet room ii; the new detached garage/entertainment room and a non-rental guest apartment above the existing garage. Approval of a variance to allow a separate water meter and approval of a hardcover variance for the 75’-250’ tone subsequent to hardcover removals which amount to the area of hardcover being added for the property located at 2480 Old Beach Road. >*OTE: Ayes 3, Nays 0. 13.803-2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE - VARIANCES - RESOLUTION NO. 5033 Waataja explained that the applicants request the following variances to construct a new home; 1 . Lot area viulance to allow reconstruction of a home on a .49 acre lot when .5 acres is required. Page 9 of 14 - L MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o ’clock p.m. (13. #03-2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE, Continued) 2. Lot width variance to allow reconstruction of a home where the width at the shoreline and 75’ setback is 60’ when 100* is normally required. 3. Hardcover variance to allow 6% hardcover in the 0*75’ zone when 0% is allowed and to allow 37% hardcover in the 250*500’ zone when 30% is allowed. The Plaiuiing Commission recommended on a 4*1 \ulc appro\ul consistent with staffs recommendation for: 1. Approval of the lot area va iance to allow reconstruction of a home. 2. Approval of the lot width variance to allow reconstruction of a home. 3. Denial of the hardcover variance to allow 6% hardcover in the 0-75 foot zone when 0% is required to be consistent with what has been approved on rebuild lots. 4. Approval of the hardcover variance to allow 37® o hardcover in the 250-500’ zone w hen 30% is required due to the minimal area allotted in this zone and sight visibility triangles which result in a larger driveway. Hawn cast the dissenting vote allow ing the deck to remain in the 0-75’ zone. Bruce Meese stated that they were hesitant to remove the deck, as it was attached to the existing concrete retaining wall, and they would be concerned it might adversely impact the support provided by the wall. Ms. Murphy stated that Otten Brothers had indicated that if the deck is removed they would need to add additional stone rip rap to stabilize the steep slope. \S’hile she explained that it is their desire to comply, she did not feel removing hardcover to be replaced with new hardcover was a good solution. WTiite asked why the deck and wall system wasn’t seen as a hardship, since it holds up the steep slope. Gaffron stated that, in staff s perspective, we do not know whether removing the deck from the wall system w ill negatively impact the stability of the slope. He recognized that the neighbor also has the same concrete wall system retaining their slope. Ms. Murphy stated that they performed recent repairs to the deek and covered the ugly concrete wall with cedar in order to disguise it naturally. Waataja stated that the applicants would be allowed steps up the hill and a landing. Sansevere questioned if having the applicant remove the decking along the concrete wall was a better solution, thus leaving the ugly exposed concrete instead. White noted that the applicant had no flat space at the shoreline to put anything. Gaffron acknowledged that the positive impact is that the deck could be helping hold up the slope, negatively, the hardcover is not allowed by code. He also questioned if it would be a worse visual Page 10 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. (13. #03-2936 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE, Continued) impact to remove the decking and expose the concrete wall than it would be to allow the natural ce^r to remain. White felt this was a visual hardship if nothing else and asked what constituted the hardcover. Gaflron stated that the deck floor and superstructures would constitute (fie hardcover and it is unclear whether they are holding anything up. Murphy agreed that, aesthetically, the applicants w ould be better off covering up the concrete wall. Ms. Murphy agreed, stating that they tried to lose it in a natural state by covering it with the cedar. Sansevere asked Barrett if there were any hardship they could apply to this variance request. Barrett stated that the City cannot grant a variance based solely on aesthetics; however, if they determine the decking to be part of the superstructure it would be a necessary part of the retaining wall. Sansevere moved, White seconded, to table the hardcover variance request of Application #03-2936, Bruce Meese and Maureen Murphy, 3135 Casco Circle In order to obtain an engineer’s opinion regarding the retaining wall and decking system. VOTE: Ayes 3, Nays 0. Mourse pointed out that the applicants should obtain an independent engineer’s report, so that the City is not liable if something happens. Sansevere moved, W’hite seconded, to adopt RESOLUTION NO. 5033, a Resolution approving the lot area, lot width variances, and hardcover variances to allow 37% hardcover in the 250-500* zone when 30% is required due to the minimal area allotted In this zone and sight visibility triangles which result In a larger dris eway to allow reconstruction of a home at 3135 Casco Circle. VOTE: Ayes 3, Nays 0. *14. #02-2789/02-2840 DAHLSTROM DEVELOPMENT, LLC, “2550” WAYZATA BOULEVARD - FORMAL APOPROVAL OF PRIVATE ROAD NA.MES FOR “STONEBAY” Murphy moved. White seconded, to approve the names for private roads within the plat of Stonebay as presented in the staff memo dated August 21,2003. VOTE: Ayes 3, Nays 0. MAYOR/CITY COUNCIL REPORT 23a. RECOGNIZING ORGANIZERS OF CASCO POINT NEIGHBORHOOD NIGHT OUT E\TNT - RESOLUTION NO. 5034 While read a Resolution thanking Mary Tucker and Laura Dotzenroih for organizing the Casco Point Neighborhood Night Out event held Tuesday, August 5,2003. The resolution congratulated Page 11 of 14 a- ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25.2003 7:00 o’clock p.m. (23a. RECOGNIZING ORGANIZERS OF CASCO POINT NEIGHBORHOOD NIGHT OUT EVENT, Continued) 10 volunteers who coordinated the event for 130 families, including food, cash donations, and volunteer services. He recognized the Westonka Lions for contributing the brats and hot dogs and Tropical Breeze for supplying the music. While moved, Murphy seconded, to adopt RESOLimON NO. 5034, a Resolution recognizing the organizers of the Casco Point Neighborhood Night Ont Event VOTE: Ayes 3, Nays 0. Sansevere distributed a flyer to the media representatives regarding an upcoming police fundraiser to be held on September 18,2003. Murphy reported that the Highway 12 reconstruction work had begun in earnest, acknowledging the fact that, many of the trees in its path have begun to be clear cut to make room for the highway project. Sansevere asked Moorse whether past Council member Nygard had refunded the City a portion of his paycheck afler his recent resignation. Moorse indicated that Nygard had provided the requested refund. PUBLIC SERVICE DIRECTOR’S REPORT *15. WAYZATA SEWER AGREEMENT - OLD LONG LAKE ROAD Murphy moved. White seconded, to approve the Sewer Agreement with the City of Wa>^ta for sanitary sewer service for the Old Long Lake Road area. VOTE: Ayes 3, Nays 0. *16. REQUEST FOR FINAL PAYMENT-TH12AVILLOW TRAFHC SIGNAL IMPRO\TMENTS Murphy moved. White seconded, to approve Request for Final Payment, TH12/WiUow Traffic Signal Improvements to Egan McKav Electrical Contractors Inc. In the amount of SI2,550.00 VOTE: Ayes 3, Nays 0. *17. REQUEST FOR FINAL PAY'MENT - HERITAGE DRIVE SANITARY SEWTR E.XTENSION PROJECT Murphy moved, Wlitte seconded, to approve Request for Final Payment, Heritage Drive Sanitary Sewer Extension Project to E.J. Mayers Inc. in the amount of $4,233.25 VOTE: Ayes 3, Nays 0. Page 12 of 14 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2l03 7:00 o’clock p.m. * 18. CHANGE ORDER Nl^MBER 1 - NORTH LONG LAKE EAST SANITARY SEWER PROJECT Murphy moved. White seconded, to approve Change Order Number 1, North Long Lake East Sanitarv Sewer Project for E.J. Mavers Inc. in the amount of $2,000.00 VOTE: Ayes 3, Nays 0. * 1 9. REQUEST FOR FINAL PAYM ENT - NORTH LONG LAKE EAST SANITARY SEWER PROJECT Murphy moved, White seconded, to approve Request for Finai Payment, North Long Lake East Sanitary Sewer Project to £J. Mayers Inc. in the amount of $4,563.08 VOTE: Ayes 3, Navs 0. *20. REQUEST FOR FINAL PAYMENT - NAVARRE FIRE STATION SITE LMPROVEMENTS Murphy moved. White seconded, to approve Request for Final Payment, Navarre Fire Station Site Improvements Project to F.F. Jedlicki Inc. in the amount of $68,501.76 VOTE: Ayes 3, Nays 0. CITY ADMINISTRATOR’S REPORT *21. APPLICATION AND CERTIFICATE FOR PAYMENT NO. 1 2 - LONG LAKE FIRE STATION Murphy moved. White seconded, to approve Application and Certificate for Payment No. 12 from Rochon Corporation in the amount of $60378.53, to be funded from the Joint Fire Account. VOTE: Ayes 3, Nays 0. *22. LONG LAKE FIRE STATION DRAINGE PLAN Murphy moved. White seconded, to approve the pian to resolve the drainage issues at the Long Lake Fire Station, with the condition that the warranty period for the approved work will not begin until the acceptance of the completed work by the Cities. VO I'E: Ayes 3, Nays 0. *23. DISPOSAL OF EXCESS PITRLIC WORKS \THICLE - HENNEPLN COU.NTY AUCTION Murphy moved. White seconded, to declare public works vehicle #712, a 1994 Chevrolet one- ton truck, as excess city property and to authorize its sale by participation in the Hennepin County auction to be held at 10:30 a.m., on Saturday, September 20,2003, at Hennepin County Department of Public Works, 1600 Prairie Drive, Medina. VOTE: Ayes 3, Nays 0. Page 13 of 14 Itfililitiiiiifiisndi. i r"’ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25,2003 7:00 o’clock p.m. 23a. RECOGNIZING ORGANIZERS OF CASCO POINT NEIGB EVENT > RESOLUTION NO. S034 NIGHT OUT S«e MAYOR/COUNCIL REPORT. A g 0A\AL,AKJA\A Attorney Bairett had nothing to report. *24. LICENSES CLUB FIREARM USE PERMIT 1. Annual permit for Trap Shooting Park Gun Club 3660 Sixth Avenue North Murphy moved, White seconded, to approve the permit for Trap Shooting requested by Park Gun Club. VOTE: Ayes 3, Nays 0. *25.BILLS Murphy moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Murphy moved. White seconded, to adjourn the Orono City Council Meeting of August 25, 2003 at 8:48 P.M. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Cierk Barbara /eterson. Mayor Page 14 of 14 Jhinm i ^ VHP* Pitan : LHCD Tm Ti Myzttti T«ik»ity OrvBuiffii TomteMlMM o pm MO. : 7459005 Sep. « 2003 ee:32nn pi * *• • •-----«MQ •S6P 0 6 2005 LAKE MINNETONKA CONSERVATION oli^l^tSi^ INN IPNNnOMW PLVa • OCtPHAVCN. MIMNtaOTA MM« »TfttmQ>lt « >AX tMWM t. MfeMk. EXECI/nVE OWCCTON August 29. TO:LMCOMombor FROM;Alberto. Foster. Chair LMCD SUBJECT: Law Enforcement on Lake Minnetonka for LMCD Resoiution 107 liio6. ii*...... iriipia AIVTiait*aaelie re*4inafATiViea'Ipf 2004 and beyond the two extra Water Patrol poaitiona that were so aueoetsfoi in the pliot program funded partially by the 14 member dtiet. In 2001 and 2002. rrNral member cHiee oarticiDaled in a olot moonun to add tvM HklMorail Htfinspin County Shfirilfft WilBf PMIrel DopUiM Oil aaasoM. TMspBolpiDQMii wna wNhHannapinCou^fundkig 100 peroerk of the ooctt for the two addWonai Deputtea. Continuation of this program is important to the eaiaty and quaUty of Lake Minnetonka boating in 2004 and beyond. However, it new appears that .Hennepin County wW not fond the program for 2004. The LMCD is encouraging aO 14'mamber cMes to adopt a similar resokition and forward k to foe Hennepin County Commissioners and SherW Pat McGowan ASAP. Please feel (fee to contact me at (052) 544-1100. or LMCD Exeemfve Direeior Greg Nytecfc at 95^745H)7B9. if you have questions or ooncems relating to this matter. "“•5a*axissKas"» rRQM : LMCO FPX NO. : 7459005 Sep. ee 2003 Oe:32(*1 P2 LAKE MINNETONKA CONSERVATION nsnoCT RESOUinONM A RESOLimON STATMO TNE POSITION OMHE BOARD OP DIRECTORS re GARDSIO UHrENFORCfMENT RESPONSaumBS ON LAKE MMNETONKA WHEREAS.|j|« lAnnetonto Is tho largtsi late in Twn Ciioi Melfopoilw Aioa. ind b • nNural and locreational rosoufot used by iwUents thraughout tta rogion and beyond: and WHEREAS.Late Minnatonto is one onhe most intansnoly used Wees by boaiefs. and thus results in the noid to pfo\rida a high levol of law anfMosmsnl acIMly: and WHEREAS,tofough ita Late Mmetonte Consoivalion OiMricI ILMCO). toe fourtacn dtes axound Late Mtonetoite and Honnapin County hoM participoNd toimlly to 0 pilM pragram to whetoer oddWonal patrol > toa equinM of Im MMinit deputy poaStara doing the boMtag saonn - would loaidl in boSr compSanca «rNi laws and a balar aiperienoe lor ponons using toe late; and WHEREAS.many cities toformed the LMCO that their inandal partdpaion would ba iimitod to toe p9ot program far 2001 and 20(tt, as they wofswMng to pay to datoftninawhetoar additional patrol would haue poaMvealfKir.and WHEREAS, Hennapto County falyfanded the additionat Water Patel costs to ar4 WHEREAS, data from such sources as titedons issued and bpal user saKMactionsurwystoiteate that the additional law enfaroarnant activiiy has had positive effects: and WHEREAS, the death that occurred on July 4,2003. on toe north sida of Big Island demonstrates toat toe additional level of law enforcement acOvity should not ba riducad; and WHEREAS, toa Water Ptfrol of toe Hennepin Cour^ Sheriffs enforoamtnl to Late Mtonalorite. has ultimate lesponsfeility for law NOW, TiCittPORE, BE IT RESOLVED by tot Board of Dirictors of tot LMCO requeM Hennepin County to fond MIy and permanently the additional level of law enforcement that has been proven effective on Late Mtonetonka. AND BE IT PURTficR RESOLVED that toe Board of Otectors state its expectstion that Hennepin County Sheriff wiy . alocaterosoufces and ensure that this Itvil of enforcement is performed to 2004 and subsequent years, as it is the prtowry responslbity of HMwepin County and not toe cites sbuMtog Late Mtonetonka to fond law enforcement activities on H. Adopted by too LMCO Board of OieclDts this 271) day of August ATTES Abort 0. Foster, Chair i 15 CITY OF SHOREWOOD S75S COUNTRY CLUB ROAD • SHOREWOOD. MINNESOTA 55331*8927 • (952) 474*3236 FAX (052) 474*0128 • www.d.shorawood.mn.ut • cHytian9ci.shorewood.mn.us August 12, 2003 Linda Koblick County Commissioner District 6 A2400 Government Center MinneapoUs, MN SS487-0240 Dear Commissioner Koblick: At hs meeting on August 11,2003, the Shorewood City Council adopted the enclosed Resolution No. 03*068 pertaining to the level of law enforcement responsibilities and funding for law enforcement on Lake Minnetonka. Sincerely, Jean Panchyshyn Deputy Clerk cc: Kay hfitchell. Cleric of the Board Patrick D. McGowan, Hennepin County SberifiT ✓'■^egory iSybeck, Execuuve Director, LMCD WWW • • I.. ,* fI ill In v;” iL : ;i- 1*;^ I; 1 (i i AUG 1 3 2003 ;W ■ y....................— t r CITY OF SH* ►fiJEWOOD Hennepin Uoti/jty, t^nnesota RESOLUTION NO. 03 - A RESOLUTION STATING THE POSITION OF THE CITY COUNCIL REGARDING LAW ENFORCEMENT RESPONSIBILITIES ON LAKE MINNETONKA WHEREAS, Lake Minnetonka is the largest lake in the Twin Cities Metropolitan Area, and is a natural and recreational resource used by residents throughout the region and beyond; and WHEREAS, T^ake Miimetonka i® the most inter.ci’."*’y "sed !c!ccg by boeterc, end thu; rcculw in the need to provide a high level of law enforcement activit)r, and WHEREAS, through the Lake Minnetonka Conservation District (LMCD), the fourteen cities around Lake Minnetonka and Hennepin County have participated financially in a pilot program to evaluate whether additional patrol — the equivalent of two full-time dq>uty positions '’.'ing the boating season — would result in better compliance with laws and a better experience for persons using the lake; and WHEREAS, many cities, including the City of Shorewood, informed the LMCD that their financial participation would be limited to the pilot program, as they were willing to pay to determine whether additional patrol would have positive effects; and WHEREAS, data fi’om such sources as citations issued and boat user satisfaction surveys indicate that the additional law enforcement activity has had positive effects; and WHEREAS, the death that occurred on July 4,2003, on the north side of Big Island demonstrates that the additional level of law enforcement activity should not be reduced; and WHEREAS, the Water Patrol of the Heiuiepin County Sheriff’s Office has ultimate responsibility for law enforcement in Lake Miimetonka, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood request Heimepin County to fund fully the additional level of law enforcement that has been proven effective on Lake Miimetonka, AND BE IT FURTHER RESOLVED that the Council state its expectation that Hennepin County Sheriff will allocate resources and ensure that this level of enfi>rcemeot is performed in 2004 and subsequent years, as it is die responsibility of the Hennepin County Sheriff and not the cities abutting Lake Minnetonka to perform law enforcement activities on it Adopted this 11*** day of August, 2003 1 Date Application Received: 6-18-03 Date Application Considered as Complete: 6-18-03 Initial 60-Day Review Period Expires: 8-17-03 60-Day Review Period Extended on 7-30-03 to: 10-16-03 SEP 0 8 2003 CllY ur unui^iO REQUEST FOR COUNCIL ACTION Date: August 21,2003 Item No. Department Approval: Administrator Approval: Name: Michael P. Title: Planning Director Agenda Section: Zoning Item Description: #03-2919 Kevin & Deborah Thompson, 90 Myrtlewood Road - Variances & CUP - Resolution Zoning District: RR-IB Single Family Rural Residential, 2-acre min. Lot Area: 1,729 acres (75,299 s.f.) gross; appro.x. 1.55 acres (67,000 s.O net dry List of Exhibits A - Resolution B - Notice of PC Action 8-21-03 C - Memo and Exhibits of 8-12-03 Application Summary Applicant requests the following: 1. 2. 3. 4. Setback variance to construct a 996 s.f detached garage/pool house/storage building, 23.1' from the side street lot line where a 50' side street setback is required. Oversize accessory structure (OAS) variance to allow the new building to be attached to the existing 848 s.f detached garage via an 11' x 15’ (165 s.f) greenhouse, for a final accessory structure size of2009 s.f (no accessory building larger than 1000 s.f is allowed on a lot of 0-1.99 acres in area). Setback variance to construct a 20' x 45' (900 s.f) swimming pool 10' from the side street lot line where a 50' side street setback is normally required. CUP for plumbing in an accessory building. iifii irtiiimih f ~ . #03*2919 90 Myrticwood Road AugHit 21,2003 Page 2 Planning Commission Recommendation Planning Commission reviewed this request at their August i8 meeting and on a vote of 5-0 recommended as follows: 1.Approval of setback variance to allow the new 996 s.f accessory building to be located 1 from the side street lot line where a 50' setback is normally required. 2.of an Oversize Accessory Structure variance to allow the attachment of the new 996 s.f building to thf^ existing 848 s.f. garage via a 165 s.f greenhouse which would yield a 2009 s.f accesson; I'^'ture on a lot of less than 2 acres in area where no oversize accessory structures ai vwv'.ially allowed. ^ 3.Approval of a variance to allow the proposed 900 s.f pool to be located 15* (rather than the requTr^*^^ fro™ S'de street lot line where a 50’ setback would normally be 4.Applicant to cst^l sh and maintain year-round vegetative screening along the south boundary to reduce the visual impact of the proposed pool and building. 5.Approval of a conditional use permit to allow plumbing in the new accessoiy building (toilet shower and sink) subject to the standard conditions defined in the City code. Staff Recommendation Staff concurs with the recommendation of the Planning Commission. COUNCIL ACTION REQUESTED # A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING COOK SECTION 10.28, SUBDIVISION 5(B) AND A CONDITIONAL USE PERMIT PER SECTION 10.20 SUBDIVISION 3Q; AND DENTING A VARIANCE TO SECTION 10.03 SUBDIVISION 9(C)(2) - FILE NO. 03-2919 WHEREAS, Kevin L. Thompson and Deborah Thompson (hereinafter "the applicants") are the owners of the property located at 90 Myrtlewood Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 7, Block 1, MYTITLEWOOD, Hennepin County, Minnesota (hereinafter the "property"); and \M1EREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.28 Subdivision 5B to allow construction of a 996 s.f. detached garage/pool house/storage building, 23.1’ from the side street lot line where a 50’ side street setback is required; and a variance to Section 10.03 Subd. 9(C)(2) allow the new building to be attached to the existing 848 s.f. detached garage via an 11’ x 15’ (165 s.f.) greenhouse, for a final accessory structure size of2009 s.f., when no accessory building larger than 1000 s.f is allowed on a lot of 0-1.99 acres in area; and a variance to Section 10.28 Subd. 5(B) to allow the construction of a 20’ X 45' (900 s.f) in-ground swimming pool 10’ from the side street lot line where a 50’ side street sctbaci; is normally required; and a conditional use permit (CUP) per Section 10.20, Subd. 3Q for plumbing in an accessory building. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #03-2919. The property is located in the RR-IB Rural Residential Zoning District, which requires minimum lot area of 2.0 acres and minimum lot width of 200’. The lot is 1.73 acres in gross area and 251’ in width. f ' Page 1 of 6 S . II*! application at a public hearing held on August 18,20J)3 and recommended partial approval of the application, based on the following findings and conclusions: a) Approval of the setback variance to allow the new 996 s.f accessory building to be located 23.1' fi^om the side street lot line is reasonable due to the wide unused h^OT right-of-way adjoining the side street lot line, which provides roadway separation of the accessory structure fi-om the actual travelled 1 here is no hardship or justification presented to support the variance to allow the attachment of the new 996 s.f building to the existing 848 s.f garage % la a 165 s.f ^eenhouse. The resultant building of just over 2000 s.f in area would potentially have negative visual impacts as viewed from Highway 12 and IS not in keeping with the intent of the Oversize Accessory Structures ordinance which attempts to limit the bulk and massing of accessory strucures on properties based on the size of the property. Approval of a vanance to allow the proposed 900 s.f pool to be located 15‘ (rather than the 1 O’ setback proposed) from the side street lot line is reasonable given the width ot the unused portion of adjacent MnDOT right-of-way, the ?! u** lnc?tion no neighboring property owners will be affected by the visual or activity imnacis nomn^iiv associated with a pool use and keeping in mind the 15’ setback from an interior side lot line normally required for accessory structures of 750-1000 s.f in area The setback variances should be approved only in conjunction with a requirement to establish and maintain a suitable year-round vegetative buffer a ong the side street lot line to soften the visual impacts of the structures allowed to be nearer the lot line than normally allowed. request for a CUP for plumbing in an accessory structure to include toilet, sink and shower is reasonable given the intended use of the 996 s.f structure as a pool house, and although the property is less than 2.0 acres in area, the proposed use substantially meets the intent of the ordinance allowing plumbing in accessory structures, as long as such use is subject to the standard CUP conditions limiting its use for dwelling or home occupaUon uses. Page 2 of6 4. 5. 6. 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. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to nr/’serve a subsfant;<)i property right ofth; cpp’.icar.t; -r.i would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow limited plumbing in the accessory structure will not be detrimental to the health, safety or general w'elfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of tlie City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 10.28 Subdivision 5B to allow construction of a 996 s.f detached garage/pool house/storage building, 23.1' from the side street lot line where a 50' side street setback is required; and grants a variance to Section 10.28 Subd. 5(B) to allow the construction of a 20' x 45' (900 s.f.) in-ground swimming pool 15' from the side street lot line where a 50' side street setback is normally required; and grants a conditional use permit (CUP) per Section 10.20, Subd. 3Q for plumbing in an accessory building as propos .>d; but denies a variance to Section 10.03 Subd. 9(C)(2) allow the new building to be attached to the existing 848 s.f. detached garage; subject to the following conditions: 1.The applicants shall establish and maintain year-round vegetative screening along the south boundary of the property to reduce the visual impact of the pool and accesso^ building. Page 3 of6 i 2. 3. 4. 6. 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. By signing this resolution the property owner agrees to the following conditions with regards to use of the 996 s.f. new accessory buiding in which a toilet, sink and shower are herewith allowed to be installed: a.The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City code. b. The accessory building will not be used as a dwelling unless a guest hous< CUP is obtained. c.The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Authorities granted by this resolution run with the propert>’ 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 (August 25,2004). Violation of or non-compliance with any of the terms and conditions of this resolution shaU constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall bpunishable as a misdemeanor. The undersigned applica’*ts have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants ’ heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 6 1 ^ 4 mmt d I Adopu ’d by the Orono City Council on this 25lh day of August, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of .,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said mstrument was executea on oenaii oi me 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. Notary Public Page 5 of 6 '—^ L STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of 2003, personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of.________ ------whose identity I proved on the oath/afTirmation of, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 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/afTirmation of. a credible witness Notary Public Page 6 of 6 % s . i 8 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #03-2919 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21, 2003 TO: Kevin & Deborah Thompson 90 Myrtlewood Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: August 18, 2003 Planniog CommissioD recommended as follows: 1. 2. 3. Approval of setback variance to allow the new 996 s.f accessory building to be located 23. r from the side street lot line where a 50’ setback is normally required. Denial of an Oversize Accessory' Structure variance to allow the attachment of the new 996 s.f building to the existing 848 s.f. garage via a 165 s.f. greenhouse which would yield a 2009 s.f. accessory suucture on a lot of less than 2 acres in area where no oversize accessory structures are normally allowed; finding no hardship that justifies the variance and noiing the potential negative visual impacts of the oversize structure. Approval of a variance to allow the proposed 900 s.f. pool to be located 15' (rather than the 10' setback proposed) from the side street lot line where a 50’ setback would nonnally be required. 4. Applicant to establish and maintain year-round vegetative screening along the south boundary to reduce the visual impact of the proposed pool and building. 5. Approval of a conditional use permit to allow plumbing in the new accessory building (toilet, shower and sink) subject to the standard conditions defined in the City code. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, August 25, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. I Date Application Received: 6-18-03 Date Application Considered as Complete: 6-18-03 Initial 60-Day Review Period Expires: 8-17-03 60-Day Review Period Extended on 7-30-03 to: 10-16-03 To;Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Subject: Mike Gaffron, Planning Director August 12,2003 #03-2919 Kevin & Deborah Thompson, 90 Myrtlewood Road - Variances & CUP - Public Hearing Zoning District: Lot Area; RR-IB Single Family Rural Residential, 2-acre min. 1.729 acres (75,299 s.f.) gross; approx. 1.55 acres (67,000 s.O net dry Application Summary: This item was tabled at your July meeting to allow the applicant to provide additional detail regarding the application. Applicant requests the following: 1.Setback variance to construct a 996 s.f. detached garage/pool house/storage building, 23.1* from the side street lot line where a 50' side street setback is required. 2.Oversize accessory structure (OAS) variance to allow the new building to be attached to the existing S48 s.f. detached garage via an 11* x 15’ (165 s.f.) greenhouse, for a final accessory structure size of 2009 s.f (no accessory building larger than 1000 s.f is allowed on a lot of 0-1.99 acres in area). 3.Setback variance to construct a 20' x (900 s.f) swimming pool 1 O' from the side street lot line where a 50' side street setback is normally required. 4. CUP for plumbing in an accessory building. Staff Recommendation: Staff recommends: a) Approval of the side street setback variance for the 996 s.f accessory building. b) Denial of the variance to create an oversize accessory structure. c) Denial of the side street setoack variance for the pool at 10' from the lot line; a 15' side street setback might be justified, however, based on tlie size of the pool at 900 s.f, and the lack of impacts on neighbors by a pool at this location. d) Consider whether screening should be required if any or all of the variances are granted. e) Approval of the request for plumbing in an accessory structure, subject to the standard conditions. > ♦List of Exhibits A - Revised plans and elevations D - Code Sections 10.03 Subd. 9F and B - Revised site plan with pool location options 10.20 Subd. 3Q. C - Letter from adjoining property owners E • Memo and Exhibits of July 17 /V03-2919 August 12,2003 Page 2 Pertinent Code Sections 1. 10.03 Subd. 9(C)(2) “2. Oversized Accessory Stnicnites are regulated by the following table: ... , . Maximum Allowed Maximum Individual Total of All Accessory Accessory Structure Structure Footprint Areas*Lot Area 0-1.99 acre ------^ o^ffTT ^ 2.00-3.00 acre . 200 ! f 3 01-3 50 acre .200 s.f. 2,400 s.f.3.01 3.50 acre 1,400 2.800s.f. ♦ Excluding non-roofed tennis courts, pools, paddocks,etc. arenas 2.Section 10.28, Subd. 5(B): Side yard adjacen! to bPcet setback is 50 ’ for nrinr- 1 4accessoiy structures in RR-IB zone. seioacK is 50 for principal and 3. 4. Section 10.03 Subd. 9F - Plumbing in Accessory Buildings ' Section 10.20 Subd. 3Q - CUP for Plumbing in Accessory Building: Background Wayzata Boulevard. While the oortion d i ^ ^‘ghway 12 or baa been for road;^“^^^^ MnDOT nght-of w ay and must be treated as a street for zoning purp "the 1 970's, it is still (OSes. SuSe vegetation. The building to be constiucted is one stoI^wiSSr^V^Thlf^T^ treatment mound,' the propos;dTo!Ss the S ““ “***' needs. ^ accommodate their storage (OAsTo'rtoMces?n!ffe^M0^^^^^^^ Accessory Structure well as on the total square foZe of a«e^!orhni?H T *“««>.y buildings as lots smaller than 2 acres it was concludc^H iha?^ could be located on a property. For and any structure over 1000 s f would be conside^*'^*'^* accewory structures should be allowed, «ofstmctu,esonproperties.wrZ:SS^^^^ 1 i #03-2919 August 12,2003 Page 3 The visual impacts of the combined structure are potentially significant due to the proposed attachment to the existing garage via a 15'x 11 ’ greenhouse structure. The at attachment will be offset 5' from either end of the garages, so its visual impact will potentially be reduced by breaking up the length of what would otherwise be 70* long rear southwest-facing facade, which will be visible to anyone entering Orono on Highway 12. The City has a 10' building-to-building separation requirement not only to address fire safety issues but to aid in the goal of limiting visual density and building massing. Staff finds that the need for a second building for storage is not unreasonable, and the potential locations for such structure are limited because this is a wooded comer lot with hills and wetlands to contend with. The hvo accessory buildings plus the greenhouse structure attaching them will total 2009 s.f The property is allowed up to 2000 s.f. of accessory structures in total, but no individual accessory structure over 1000 s.f Connecting them with the proposed greenhouse structure would not strictly be in keeping with the intent of the OAS ordinance, and would potentially have the negati'. a impacts that the ordinance intends to avoid. Pool Setback Variance. The proposed pool in either of the ^vo configurations provided is about 900 s.f. of surface area, requiring a minimum setback of 15' from a side or rear lot line, but required to meet a 50' setback from a side street lot line and 10* from other buildings. The pool will be in- ground, which will have limited visual impacts that could be reduced by privacy fencing or vegetative screening depending on how much of a pool surround is proposed within the 1 O' requested setback area. It should also be noted that the neighborhood noise impacts associated with the pool are minimal at this location far from any neighbors. It is unknown how MnDOT may use the adjoining right-of-way during the Highway 12 construction over the next 4 years, but that may impact how close applicants want to be to the right-of-way. Staff feels a minimum of 15' setback should be required for the pool. CUP for Plumbing in Accessory Structure. The proposed garage will include a toilet'sink/shower, and therefore requires a conditional use permit. Planning Commission should ascertain that the apparent multi-purpose functions of this building do not include use as a guest house. If that is the case, approval for a CUP for plumbing in an accessory structure would be appropriate if these findings can be made: 1 . That the proposed use of the accessory stnicture with plumbing will not be detrimental to the residential character of the neighborhood. 2.That the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. 4. The property is 2.9 acres in area or larger (it is not; it less than 2 acres in area). % • The accessory building is conforming in location, size and height (it won’t be - variances are requested).• i k \ . -r - . ..iMM #03-2919 August 12,2003 Pag* 4 5.^.propaty own« .gr«, ,o the flltag of. cov«„„, fa fa, ,i„. ,f ^ ropcrty providing a. b. c. ices. Planning Commission should determine whether th.. u .*» - accessory structure that doesn ’t meet location or size stanLr5r°*’"^*V® Plumbing in an argued that because this is a conditional use oermif « substandard lot. It might be if they aren ’t met, it should not be granted. ^ specified code standards to be met, REVISED LOT ANALYSIS WORKSHEET structural Cov Total Lot Area 67,000 s.f. (1.55 ac.) Total Structural Coverage Allowed: 10,050 s.f. (15 %) Proposed: 4.300 s.f. (6.4 ■iHiiBUiaatiMlIlMlIl #03-2919 August 12,2003 Pages Hardship Statement & Analysis Applicants have provided a letter of request including a hardship statement in Exhibit B of the July 17 memo, and should be asked for their additional testimony regarding the application. See the July 17 memo to review the hardship analysis. Issues for Consideration 1.How will the proposed structure be used? Is there any intent to use it for a home occupation or other commercial uses? 2.If the setback variance is granted, but the ability to attach the two structures with a greenhouse type building is denied, will the close proximity of the two structures (IT apart) have the same visual impacts as if they were attached? Does the offset of the greenhouse adequately address the potential visual impacts of the west facade? 3. 4. In either case, should the building be screened from view from Highway 12? What hardships support the location of the pool 10’ from the lot line? What could be done to mitigate any negative impacts of the pool location? 5.How does the substandard lot area affect your position on the plumbing in accessory building CUP? The code requires that buildings receiving such a CUP be conforming in size and location... 6. Does Planning Commission have any other issues or concerns with this application? Staff Recommendation Staff recommends: a) Approval of the side street setback variance for the 996 s.f garage, based on the need for more storage and the limitations for other suitable locations imposed by the lot size, required setbacks, sewage system location, wetlands and topography. b) Denial of the variance to create an oversize accessory structure, finding that approval would be in conflict with the intent of the OAS ordinance. c) Denial of the pool setback at 10’, but approval for a setback of 15'. Planning Commission should determine whether any vegetative screening or fencing should be required to mitigate the visual impacts of allowing the accessory building and/or the pool in a location nearer the side street lot line than would normally be allowed. d) Approval of the plumbing in accessory building CUP subject to the standard cbnditions. f .• h » Y• V. '•• ¥I vt ''■" ''^'■-lfc V *. / :* • • h » Jl^ L C. J ib. .• ■i.'v'.v ■•• • i.v ■' li ' ' ■ '« ••■. .!< •* , ;.5- F t:', ■ . . * •» €mm r/;-.:>>vt.yCvV. V ... _;X v7r«.Y .-^7. *. , i*- ‘eft mi ton m »«t , Tv.*)»,«rH% -Af' ♦ ■' .^. ■ •N •* •. *1 •* . .• [' 1^mm Hyiifc ;.■i ••: •'■/: ^'fle\AS >HvJy *• •* - ^\ \y 1 \ V*" t*' « / • I / 5^ ..<> .CV- I.^,:.X V 'y • ?• »’ • •ir****^^*^ V h 0 .• .S'” >.« HUlkliil i ., t- ’ ■ ■ ;a ‘ .' 5"^ ,'<t■»■ ,:'■■' r ,iiy l"f i i-:... r ‘ :-f <..■■■ ■ /•.ij..: •• •. '•.< ••v-V-'J • • f / •. . ' - * I'ssnsSj;- ■ ^ '• ^ •••/ r> I ^ A • I 0^ A • A • • |M» •* «» •» «■». „ lry’^¥’-4.r^ 7;i^- J '^/■'f:-.r->.V .1 I . ••. \\ r \.. / •*. ^ t -. V. ;i \ •0 \ ifc/v- Pat & Karen Proft ^'1 'd'J9 m. aOMydItwood Road Ofono, MN 55381 PhQfw: (952) 4484)875 July 15. 2003 City of Orono Planning & Zoning 2750 Kelley Parkway Orono. MN 55391 RE: Proposed Variance at 90 Myrtlewood Road for Oarage/Poolhouse/Pooi To Whom It May Concern: We have reviewed the proposed changes and feel the location & building style submitted to the city is the best for ail Interested parties. Any other location may alter the privacy and aesthetics we have come to enkxy from otiFj;>roperty. Sincenely, Pat & Karen Proft '4 ''ijy-'.' * S''..-"' m§mm,^ iisij* k lA V ^■ * • I C-2 Kwc) • • •• • Adjacent Property Owners* Acknowledgement Form f Kau¥'Cf\ _____of [print name(s)] Co/ 7o [print address] 5?6 "'T ’’/‘’’’T'' 0^ P~I»S«> of the property located atJ^rHiPJeo^ refenred to as Land Use Application No. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or di,approval of the property or use but merely to conHm, for the City Cout^^iUhaU * «>' P™i«> or use Property Ow«r (S/o^ Date Property V/ Date I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property locate-* •’ ----------------------------also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare Of disapproval oi the propeny or use but merely to confirm for the City Council that 1 (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. Property Owner Dale Property Owner Date If you have any information that may assist the City in the review of this Und Use Application please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. \\ . s. 8 I ! jo-tyh Jp ^ ^ ^ CouiA] 6w/64^/M<iS *.’ » O g IQ Q3 2. Variance From Lakeshore Setback. Any application for a variance / from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District / for its approval before final action by the Council. Source: Ordinance No. 155 \A ' Effective Date: 2-14-74 E. Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. c\'Source: Ordinance 72,2nd Series Adopted: 8-14-89____________ F. Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dw'ellirig units, and because it is the policy of the City to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: 1. The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. 2. Installation of any combination of fixtures requiring wastewater plumbing that does not include a toilet, shower or bathtub shall be allowed in any accessory building that is conformi.ig in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewa^w Lvatn.int system designed to handle the anticipated flows from such fixtures, and subject to the property owner executing a covenant providing that: a. Accessory building will not be tick’d for a home occupation unless specifically approved by City or if allowed by City code. 3. Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height, which meets one of the following criteria: a. The accessory building has been approved for a 'Guest House’ conditional use permit; or b. The accessory building has been approved for a 'Plumbing in Accessory Building ’ conditional use permit. Source: Ordinance No. 179,2nd Series Adopted: 10-12-98 * • ORONO CC 255-2 ^ (4-1-84) 1 s \ b. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. Accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. lin r /0,2J> 3 ^ f - U£^ I ^ ^ t-t-j D>-* ^zL^ § 10.20 M. Antenna Stmeh eembinati onefont< wture ia set batkiiem ^eture. Seurec! Ordinajiec No. 177- Cffeetive Dale; 6-5-7J Source: Deleted via Ordinance 161,2nd Series Effective Date: 5-27-97 S- ® treatment system designed to handle the anticipated flows from^ butidmg plumbing. Approval shall be granted only when the following criteria are met: wia.p,».bin*wm.o.b.del^:,?or,SL"S A* ' k«p»* wiO, 4. u«.„d.d us. of “1 % 3. The property is 2.0 acres in area or larger. 4. The accessory building is conforming in location, size and height. of*. prop.rty providing ft.,:’' '”‘"8 o«upa.io„urdesssp.cific.l,y.pprov:diK!^S,o:“^*C^^^ ‘ 1 agu.sthous.CUPisobt.inrf. "A'”“>*“«<l “a<l«-elling unless otherwise providod for us. as. dwelling m^MylkTuii^cM.'"'' ** " Source: Ordinance No. 179,2nd Series Adopted: 10-12-98 / OROKO CC 280-3 (4-1-84) MLir.HlaT»« p CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING nLE #03-2919 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 30, 2003 TO;Kevin & Deborah Thompson 90 Myrtlewood Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION; Variances DATE OF MEETING: July 21, 2003 Planning Commission recommended as follows: Tabled to allow applicant to meet with staff to review plans in detail, provide dimensions for the greenhouse addition and pool if that is to be part of the mix, and bring back to Planning Commission a revised plan that eliminates the need for an oversize accessory structure, since such a variance appears unlikely. VOTE: 7 FOR 0 AGAINST Please contact Mike Gaffron at 952-249-4600 to set up a time to meet to discuss your application. Applicant's next scheduled meeting is confirmed as: Planning Commission - Monday, August 18, 2003; meeting starts at 6:00 p.m. 60-Day Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application (absent the pool element) was deemed as complete on June IS, 20^^ and die uG-day review period would end on August 17, 2003. However, because your application was tabled by the Planning Commission to the August 18, 2003 meeting, the earliest potential date of final Counci* action falls after the 60- day period ends. Therefore, the 60-day review period is hereby extended an additional 60 days to October 16, 2003. If you desire certified copies of the official Plaxuiing Commission minutes, they are available from the City Recorder after review and approval by the Plaiming Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. . L Date Application Received: 6-18-03 Date Application Considered as Complete: 6-18-03 60-Day Review Period Expires: 8-17-03 To:Chair Smith and Planning Commissioners Ron Moorse, City Administrator 03> . * From: Date: Mike Gaffron, Planning Director July 17,2003 Subject:#r03-2919 Kevin & Deborah Thompson, 90 Myrtlewood Road - Variances - Public Hearing Zoning District: Lot Area: RR-IB Single Family Rural Residential, 2-acre min. 1.729 acres (75,299 s.f.) gross; approx. 1.55 acres (67,000 s.f) net dry Application Summary: Applicant requests a side street setback variance to construct a 996 s.f. detached garage. A second variance is requested to allow the new garage to be attached to an existing 848 s.f. detached garage via a 11' x _(?)_’ greenhouse (dimension undetermined). The variances include: 1. Side street setback of 23.1' where a 50* side street setback is required. 2. Oversize accessory structure variance (no accessory building larger than 1000 s.f. is allowed on a lot of 0-1.99 acres in area). (Note: Applicants had indicated they also want to add a pool requiring a side street setback variance, but have not provided the requested location/size detail for that pool, so the pool request is not under consideration as part of this application) Staff Recommendation: Staff recommends: a) Approval of the side street setback variance for the 996 s.f garage. b) Denial of the variance to create an oversize accessory structure. c) Consider whether screening should be required. List of Exhibits A - Application B - Letter of Request/Hardship Statement C - Surv ey/Site Plan D - Proposed Puns & Elevations E - Property Owners List F - Plat map G - Topography map H - Photo Pertinent Code Sections 1. 10.03 Subd. 9(C)(2) "2. Oversized Accessory Structures are regulated by the following table: Maximum Allowed Maximum Individual Total of All Accessory Accessory Structure Structure Footprint Areas* Lot Area Footprint Area on a Propertv 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre etc. 1,000 s.f. 1,200 s.f. 1,400 s.f. etc. 2,000 s.f. 2,400 s.f, 2,800 s.f. etc. * . :■ ■'* * Excluding non-roofed teimis courts, pools, paddocks, arenas #03-2919 July 17,2003 Page 2 2. Background fKaSsW^rf"" °''W">*i««=>y27' 10 allow . 23' seib §li=S-“is=== -■^-=====i~^= #03-2919 July 17,2003 »: Pages LOT ANALYSIS WORKSHEET Lot AreaAVidtb; Setbacks to Proposed Garage; RR-IB Front (East) Rear (West) Left Side Street (Wayz. Blvd) Right Side Required 50’ 15' (750-1000 s.f.) 50' 10* Proposed 160’ 107' 23,r 174' Structural Coverage ; Hardship Statement hi RR-IB Lot Area Lot Width Required 87,120 s.f. (2.0 acres)251’ Actual 75,299 s.f. gross (1.73 acre) 67,000± s.f net dry (1.55 ac) 200’ Total Lot Area Total Structural Coverage 67.000 s.f (1.55 ac.)Allowed: 10,050 s.f (15%) Proposed: 4,300 s.f (6.4 %) Applicants have provided a letter of request including a hardship statement in Exhibit B, and should be asked for their additional testimony regarding the application. Hardship Analysis 7/1 considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be In keeping with th; spirit and Intent of the Orono Zoning Code. ___ » > . * b • .1 #03>2919 July 17,2003 Page 4 1. “Tk.^.____ . 2.•ght of the landowner is Hit. *• 3. Ae la„do^„,.. *0 ccumstancca unique .o Ws property„„, „ea,ed by The circumstances uniaite tn tu^ iriance, if Branted _i* .. 4.imir _ 5. ✓ wwr ^^nwjrom view. ® * r^f^ficrsaid 6. **T T /4 l- • K.S£;s=“S:is==’ ®" nannony with this Chapter.” i ____ 7. aJa;v^V^;,t7*>'™i'«avaria„cc,he,en.po^^ y dwelling 8. highway entrances to Orono Prominently located 9. “The conditions d( .andia,oca.ed.-°"“‘‘'’'’'^*'"-''i'---*.«i.nd„„,n.cu,„ai,«..,,,rt,,^^ • » .1 • #03-2919 July 17.2003 Pages 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting of the variances is not necessary to allow the applicant continued residential use of the property. 11.“The granting of the proposed variance will noi in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” Granting of the OAS variance potentially will have visual impacts that the code nor intended to avoid. 12. 'The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.” The setback variance may be supported by hardships; however, staff does not believe the OAS variance is supported by a hardship. Issues for Consideration 1.How will the proposed structure be used? Is there any intent to use it for a home occupation or other commercial uses? 2.If the setback variance is granted, but the ability to attach the two structures with a greerhrv:: building is denied, will the close proximity of the two structures (IT apart) have the same visual impacts as if they were attached? 3. 4. In cither case, should the building be screened from view from Hi^way 12? Does Planning Commission have any other issues or couvcais vvlm ilu» appllwaiw,i7 Staff Recommendation StafT recommends: a) Approval of the side street setback variance for the 996 s.f garage, based on the need for more storage and the limitations for other suitable locations imposed by the lot size, required setbacks, sewage system location, wetlands and topography. b) Denial of the variance to create an oversize accessory structure, finding that approval would be in conflict with the intent of the OAS ordinance. c) Planning Commission should determine whether any vegetative screening should be required to mitigate the visual impacts of allowing the structure in a location nearer the side street lot line than would normally be allowed.* • * a \ A ••• • • CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additional variance) Renewal Variance Fee S150.00 (no change from original application) Variance for non-conforming structures $250.00 • After-the-Fact Fees (Double application fee) Application # Date Received ^ -IR-O Amount Paid PROPERTY INFOm^TION Site Address FOI^TION ^ ^ ^tO fyi^yHtuOoojL . Property Identification Number (P.I.D.) lx>r 7. A)o<>j< / . /TlurH^LUccJJ Attach legal description to application if not included on required survey. Date Property Acquired______/ 9 7^^_______________________________(month/year) [foiI (do) (do not) also own the adjacenf parcels of land. Present use of property; V, residential ___pother (specify)^ Zoning District; ___________________________________ APPLICANT Phone (horne d 'Of C^C Name f Phone (work) (6/^ .5Z^ o Address; /Kt^v4 fccDOitci City; ____Zip; i 0^^■NER (if different than applicant) Name ________________ Phone (home). Phone (work)_ Address:City;,Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost S______________i Describe request in detail; c-e. /pao) Acu\c. / (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width ^ Setback:Front y Side Hardcover Rear Lot Coverage Average Lakeshore 'S^vtAC-'/^x e. «a o o o ^ g. /+. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS J A* CC^ 1* 1 -ADescribe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:___________________________________ (attach additional sheets if pec«saiy) tflilwflk F . J^QUIRED submittals 1. 2.V,. ----------------------------------------------------------------------------yiiff J SiSSlirH'f 7« '^•^•" »<>• 'abels „d , 3 V 2°^^^®"^®'’^ 348-5910). ^ Hennepin County Depart^nUfFT*^ calculations as requ^ed ® licensed survevort « ^ • d I^Ia *’®P'’°‘luction. ■ ^ addition, provide one^ r ^ hardcover 4- tVA Topographicsurvey(existinnand x !!■■ fo, ^ SkeS°w pla?s offl^or & 0^"*' s"!" x Tr «" existing grade ^ List of the leqal naLVr t ''^e^s provide nn" "P^duction. >. ii> . you wish notifi^ ^tenr,-"' nf ar%^ ___ _ 5. __ uy City staff ' Please remAPP^™TIr~ ^WUCANT'S SIGNATURE -------- The applicant hereby screes to nr .«^oo»'od by ,he Zoning .ZiyjiZSSt- - - SS2; Applicanfs Sijnaiuse -------- Dale _J-//i,/^^OWER's SIGNATURE onI'o-po t'TeX“!^°S'a:; siaV*""' ? Wioadon and funhe Owner's Signature M ~h ^ “'• O Oi -n^po .''.y '••■ .a V .</?-• • • •J \Kevin Thompson ■B . .• M Kl^swoerf Rood Orsno.MN eS381 Rh0fl*:(«S3) 745-01es Fax (952) 4704057 June 5.2003 CityofOrono Planning & Zoning 2750 Kelley Parkway Orono. MN 55356 RE: Garage/Poothouse/Pool Variance Request Dear Sir or Madam: We respectfuny i^uesl a vanance for the above items which wa v/ould like to indude on our prooertv locations to bdW without a hardship to either ourselves or the pepplea^lnd us. CuronUy. the new mound system Is Icated southwest of the existing garage. WestS the existinq gar^e ^ whe|« we p^ our personal belongings inducting boats, collectible vehides, motorcydes & trallere. T^s area works well for all as It Is not seen from our house, the road or the neighb^property. The^^ea Is heavily wooded and Is also blocked by the mound system. The entire property di^ Ws area making It extremely ctificult to bulkJ anything In Ws sec^S fre prop^. The easting O^^ge is filled with other belongings such as lawnmowers vehides sno^lowing equip^nt and other personal storage. If we are unable to build as proposed’, v^vraS ha/e to dear the w^s in the^a curtly used for parking our extra belonginos and would need park tn€»a uems out in front or tne existing garage where it vrill be seen by eve^~,a. 1000 8q. ft buildings and would Sincerely, Kevin Thompson L Ji.i,P * » f 5 i; I : ; * *1 jl:!'i m \ ft V- ^1 »C. w- V O,n c; ■ \ .rf)'-'^w- -................./\ <r^.;^ \'X *o }. '3 •/. / / 1-^ J-iiXr •# /■ .0 #1 4 .11 0 / 5|.V: ■• .fisf •v; CT l- ..xSW •l^-- •' .■> •I V i ■ ‘V.VVv***^ ■ .•‘•.t**J» ****** V-V'iA. „W- *. :.\:'M^x *.?y ■w;C» V '••*•••«••S 14*37'00" W 251.20 MYRTLEWOOD ROAD I / Os •«: »■ i '=1 ♦ • • ■ i Li J' CERTIFICATE OF SURVEY FOR KEVIN L. THOMPSON OF LOT 7, BLOCK 1. MYRTLEWOOD HENNEPIN COUNTY. MINNESOTA O/ . legal CCSCWIPTIQW cr P«?€UISE5 t Ul 7. BlccW 1. MYRTLtVCCO e : dc'iotct iron rro^Vtr e«orln{t Bho«n ero bestd upon cn osstmei dotvru 1 This Bu^vty intends to »ho« the bowndo'’itt cf the odove described properly, tht le;c*.«en or en tcistin; hsute end ^o^ege. cnc |ne prepoted location of e propettd io.'Cgt^lhefean. It does not purport to'snc* cry otne* inprovorontt or tncroocrnonlf, uri A5o•wwr leo bB9 GRON'BERG & ASSOGATES, INC 9C4.rX COCtLU 0 teCOB.nnjMCO «4S n wuco 6#. toe UK. iM um 112-473^141 I iCDT eprrr »« *«a PViiBS •» ‘ m UDOC • • •• • % . I • Ir' ‘7^ ilM wmm V'. ''- ■v'v''. .'■■ t \a . L a : JT. ca ’I ‘ j i •^-••••.^* }• •i . I ii ( . ft • . JT. •* •• / •' C'. ■ '•'’* • .N . • • * V • • • %• % • • \iiiliteiii til .:<*i m »* « .■ ...* •;• .* : v.-i* ^ f •J »*! c>.>>y i.' ► r I Jdxat. - 2'}-C9S£‘ / 9: 13'-7-, ni3gm=8 ’-7 13'-7^; RidgeHt=8’-7'' / / / / / <0 y / tr-sT-rr 4 «f f I I *w ■4 9* t 4 •*t4-t /r X.. O •• II 8 ♦j- •n 12 \fcc \ B / • ^o••o> 6'-0‘ Coi oi«« j/'-s*•24'-0'-1V-9' gri X P H i P';. ^ i;'" J w iy H y \iOO -fl rsxH" I i ^. 35' I lAJeir -.-''7 9 $ /r «v A • p-5 ?r . ji • ^ i ■ r ^ I :i U r'^ i X*-*M Os |k ^ -f .• . V-t -.^^'t’Vs::•.'♦••' - s. ..« V...4 • - “^««'V .V? • 1. I'4*, w- -. feiL^.-, • 'f S ■•ii. I e/**; II 3«' / 'v/ia r<o.-e p.-fck J«-)o It., /OspUit <?' fl]u (y\ i \J-^Y^ s* c Cv 7 ^ OC. /a"A /a" ‘l‘‘ hogo /b.Ifli.- N .e.“ • •• v.-s •*. •.V w yt A .I % • %. I / 1 v2_a il__J v. cicn Glass Victorian Greenhouses and greenhouse kits m Ailr -.i./MrjIJIS J-'-l r' ^r.>A Page 1 1 £ Lsirjjjs! Hujiy Grs.N',ho.: jo Ki; l^isaiDutor r aSjpK<3 A*» V - ‘ v-- sSE>iR .N lO .LT O .‘iaiions .I3S f •*• 1 ark Parisi, 't*,J v.ith cermiss'on m 4 V»«» i5^ PT&: Wv _ - iSSSSSS^MS^* •/. M . 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Harrington ME More Photos My greenhouse is fantastic! My v/hole experience from getting initial information from you all, to the ordering, to delivery waa great! I had absolutely no problems. Thank you! The putting together of the greenhouse was a little more chc*it,»,j,.i3n I thought it v/ould be but it also was completed v/ithout too mucn hair being puked out. I needed to put some insulation at the base but I have been able to keep the temoerature between 50-80 degrees with the use of a small space heater. We have had a lot of sno'w and some pretty cold temperatures. I haven ’t had any problems since receiving my greenhouse so I can’t tell you hov/ it is to deal with your r / A wmmm-:' ■:SvirVvi5V-?i^i^ t ,>JfMji .ao ,. Td'iiiMv' J Mi .5. A t^';.V»*4i —,.... / ••* *^. •.- IV 5-^ 1 ; jk;;rn ft rv V *1i• • 1 «i»• ’ « ] 1r t i 1 li •1Jj1 1 f 1 1 !i J ^3 it eAJ'^ ^ ---------- ir :<r ■ KUNUAiti;t 3t 3SI1823440004 fROPADDR 150 WAYZATAOLVDW OWNER NAME CONERSTONE NEW TESTAMENT CH TAXPAYER CONEPSTONE NEW TESTAMENT Cll NAME/AOOR ' 6905 I9T1IAVE N PLYMOUTH MN 55447 3« 3611823330013 PROPADDR J5 MYRTLEWOOD RD OWNERNAME OARRELTIIIEL TAXPAYER OARRELTIIIEL NAME/ADDR IS MYRTLEWOOD RO WAYZATAMN 55391 38 36IIS233300I7 PROP ADDR 38 ADDRESS UNASStGNED OWNER NAME H T JOHNSON JR ETAL TA)(PAYER HT JOHNSON INC NAME/AOOR 11313 W PARKRIOOE DR MINNETONKA MN 55305 \ - ilUi«. ^lTi'2 C«...............Ol* I'KOrUKT"' 0\ ir'Y.mWAiiON SYETliM ^ LIST 99 3511823440008 PROPADDR 500 WAYZATADL7DW OWNERNAME CITY OF WAYZATA TAXPAYER CITY OF WAYZATA NAME/ADDR 510 WAYZATA UL\DW WAYZATAMN 55191 38 361I823330012 PROP ADDR 90 MYRTLEWOOD RO OWNERNAME KEVIN LTHOMPSON TAXPAYER KEVIN LTIIOMPSON NAME/ADDR 90 MYRTLEWOOD RO WAYZATAMN 55391 38 3611823330014 PROP ADDR 25 MYRTLEWOOD RD OWNER NAME SCOTT R A SARAH R LUSE TAXPAYER SCOTT R ft SAR/^H R LUSE NAME/ADDR 25 MYRTLEWOOD RD WAYZATAMN 55191 38 36II8233300I6 PROP ADDR 38 ADDRESS UNASSIGNIS OWNERNAME HENNEPIN FORFEITED LAND TAXPAYER CmrOFORONO NAME/ADDR P 000X66 CRYSTAL DAY MN 55323 38 36II82333C;/I8 PROP ADDR 70 MYRTLEWOOD RD OWNERNAME PWPROFTftKJPROFT TAXPAYER PATRICK W ft KAREN JPROFT NAME/ADDR '.0 MYRTLEWOOD KD WAYZATAMN 55391 38 3611823330020 PROPADDR 60 MYRTLEWOOD RD OWNERK*.ME PWPROFTSRftKJPROFT TAXPAYER KAREN ft PATRICK PROFTSR NAME/ADDR 60 MYRTLEWOOD RD WAYZATAMN 55391 I CERTIFY THATTHB F/ CTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATIONOF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST , OPMV.O,OWiroOBANO,BUe._^^^ BV PAGU: I , H 05 ' i : I ir 'A ■iAiiA • CW** 1 ,<f>.Parce/ Information ^’1i'i <?N-i->v Parcel ID 3611823330012 ;•:.. . • •• • •• • ■ .*. , •• •... . . . \ .y. •# .•House Number 90 . v: r Street Name MYRTLEWOOD . This Is not a lagally raconM map. It nprasants a conyjltatlon ofMonra6oii^ '/ and data from City. County, and Stala madauthorltiaa andothacaourcas. / Vj 4 J i'- < § o»' X i^H mm 1:': m^?jir .5 W. ■ . fe.1 ?' • ' \*.v f vv,t>^.»r< r V ^•4C: * I • . • Tf •• \ I • *.\ ......................... i.iS!? ■ ■>. • ';■ y. ,i''../isv->, iif ' '■ ■■ ■I *C ‘ • Yiw.... . V' V '*• v;: •':}£. f-lM, • IT - • --4 w,'. -« . -'/v* ^iAMfeK^BBMUtBiUlfl^HHIHSTSESHSHiiRni Hk ~l3k<. ' • > i, - •*•'. . V•-■V ;t ,,‘»j •%^*4'. . • w.. ' » - \ 1'- L Xfcr • ■ ' * ^; ' * •-. 'K* ^> .- .a '4^W III41 r.W. .,,;^i'0 ‘^5'. '* *f- t:-'-/ J-LWiJ.ULL.J ' ‘ ^ J v 4V;7jv > ^ y y/V: “y-x-‘t'-•5Bg:K?-„ :y--- ^hoJ'- r. I GITYoT OROXO Municipal OfTirrs Strait Addrais: 2750 Keltcy Pirtway Orano. MN 55356 ' REQUEST FOR FURTHER INFORMATION Mallini Addrass: P.O. Box 66 Ciystal Bay. MN 55323-0066 June 26.2003 Kevin & Deborah Thompson 90 M>Ttlewood Road Wayzata, MN 55391 ^ •• • SUBJECT: Zoning Application #03-2919 • * • The City of Orono is required to notify you within ten (10) business days as to the sUtus of your plication for a vanance for property located at 90 Myitlewood Road. Below is a list of items the City of Orono is requesting to complete our review: o Please provide an accurate, to-scale depiction on the sur\’ey of the proposed pool location and desi^, including any proposed pool decks or other features. The mfomation provided is insufficient for review of the pool element of your appucation. Application #03-2919 is partially incomplete. If you wish to proceed with the pool aspect of your application please submit the items requested above by Wednesday, July 9,2003 to have the pool considered along with your other requests at the July 21, 2003 Planning Commission meeting. Please call me at (952) 249-4600 should you have any questions. Sincerely, Michael P. Gaffron Planning Director A* Tdephone (952) 249*4600 • Fax (952) 249*4616 wwwxLoronojiuLtts REQUEST FOR COUNCIL ACTION -•irOFORO/w DATE: September 4« 2003 ITEM NO: ^ Department Approval: Name Ron Moorse Title City Adminhintor Administrator Reviewed:m Agenda Section: Cit}‘ Administrator ’s Report Item Description: Appointment to Fill Vacancy on the City Council-Resolution The Council has completed interviews of candidates interested in filling the vacancy on the City Council. The Council can make the appointment to fill the vacancy by adopting the attached resolution. COUNCIL ACTION REQUESTED: Motion to approve the adoption of a resolution to appoint City Council to fill the vacancy on the A A. JL-- ■* \ 7^ . mm I . A RESOLUTION OF APPOINTMENT TO nLL A VACANCY ON THE CITY COUNCIL WHEREAS, Jay Nygard has resigned fix>m his position as Council Member creating a vacancy on the City Council effective June 16,2003; and WHEREAS, the City Council adopted Resolution No. 5005 Declaring a Council Vacancy on June 23,2003. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, Minnesota, appoints ____________________________________to fill the vacancy. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on September 8,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor • r: . , Iff# y i 'i ^ i ..— SEP 0 8 2003 I w»r ORONO REQUEST FOR COUNCIL ACTION DATE: September 8,2003 ITEM NO.: £ Department Approval: Nane Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Adopt Assessment Roll Heritage Drive Sewer Extension- Resolution Installation of the Heritage Drive sewer extension has been completed. This pressure sewer system extension serves two properties at the end of Heritage Drive. The Council previously approved a $14,400 sewer connection fee for this project, and also approved the option for the property owners to be assessed for the sewer connection fee at an interest rate of 6.25% for a fiReen-year time period. The property owners at 1 955 Heritage Drive signed an assessment waiver form and have requested to be assessed for the project connection fee based on the terms approved by the Council. The staff recommendation is for approval of the resolution to assess the $14,400 sewer connection fee for 1955 Heritage Drive at a 6.25% interest rate for a fifteen-year time period. COUNCIL ACTION REQUESTED r.i': ’ i V A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE HERITAGE DRIVE SANITARY SEWER EXTENSION PROJECT Whereas, the property owners on Heritage Drive have requested that the City of Orono construct a sanitary sewer extension project to serve their properties. This project has been completed, and the project connection fee, which is based on the project costs, has been established at $14,400 per sewer unit. The property owner at 1955 Heritage Drive have requested that the City of Orono assess the project connection fee over a fiOeen>year time period; and Whereas, the property owner has signed an assessment waiver agreeing to waive any and all rights to appeal the special assessment, with regard to any procedural or substantive rights, rights to a public hearing, rights to any notices under Minnesota Chapter 429 or any ordinances of the city, and the constitutions or laws of the State of Minnesota or the United States; and Whereas, the City hereby authorizes and directs the Hennepin County Auditor to levy the assessment over a fifteen-year time period at a 6.25% interest rate. Such assessment shall be payable in equal annual installments e.xtending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January 2004 and shall bear interest at the rate of 6.25% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2003. To each subsequent installment when due shall be added interest for one year on all unpaid installments. Therefore, Be It Resolved, that the City Council of the City of Orono. Minnesota hereby authorizes and directs the County Auditor of Hennepin County to assess the property identified in the attached assessment roll, made a part hereof, for the amount appearing along with such property, plus 6.25% interest added as directed. Said amounts to be collected along with property taxes beginning in 2004. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on September 8, 2003 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor \ Assessment Roll for Heritage Drive Sanitary Sewer Extension Date: 0S-5cptcaiber*2003 Maakl|MHty: ORONO Levy Naaiber: Total Project Assosaient: SI4,400.00 Moaicipal Code: 3S Levy Descriplioa: Heritage Drive Saaitary Sewer Eiteasioa lotercst Rate: 6.25%Nuaihcr of Years Payable: IS PIDS Addition Total Lot Block Code Principal Owner's Name Street Property Address U Mailing Street Address Mailing City Address 10-117.23-13-0014 SI 4,400.00 001004 Sunstate Concepts 1955 Heritage Drive 2910 Walters Road «m0 Eagan MN 55121 Total $14,400.00 A Ir' ■^ . SEP 0 8 2003REQUEST FOR COUNCIL ACTION I I \jr URONO DATE: September 8,2003 ITEM NO: ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Service Director’s Report Item Description: Adopt Revised Assessmein North Arm Lane Paving Project- Resolution The assessment for this project was previously adopted on March 24,2003 before the project construction was completed in order to ensure there would not be any assessment appeals before project construction was completed. The proposed assessment is $2,400 per property for the seven properties that have driveway access on North Arm Lane. The assessment is for a 10-year time period at an interest rate of 6.25%. The project construction has now been completed and the assessment needs to be readopted to start the 30-day time period for prepayment of the assessment with no interest, and to start the interest from this date forward. COUNCIL ACTION REQUESTED Motion to approve resolution adopting the assessment for the North Arm Lane Paving Project. Miiii i A RESOLUTION ADOPTING THE NORTH ARM PAVING IMPROVEMENTS ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the paving improvements on North Arm Lane. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota; 1. 2. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be bcnefitted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments e.xtending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2004 and shall bear interest at the rate of 6.25% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2003. To each subsequent installment w'hen due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at anytime thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 1 5 or interest will be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of 2 r ■ 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Orono this 8th day of September, 2003. ATTEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page 2 of 2 >> : i ;• i ■ i • « . i t " i ; i - 1 4 r ■ •- a ■ ~ I Assessment Roll for North Arm Lane Pacing Project Date: Sqitcmbcr 8,2003 MuBicipaUty: ORONO Levy Number: 15736 Municipal Code: 38 Project Number: 2003-1 Total Project Asiestmcnl: S16300 Levy Description: North Arm Lane Paving Project Interest Rate: 6.2 5% Number of Years Payable: 10 SI 6,800.00 PID#Addition Code Total Principal Lot Block Nane Street Property Address # Mailing Street Address MaUing City Addrctt Units 06-117-23 24 0001 41306 S2.400.00 Pass Exchange LLC 215 North Arm Lane 2536 18th Ave.S Minneapolis, MN 55404 1 42750 S2.400.00 370 North Arm Lane Mound, MN 55364 06-117-23 24 0008 2 1 Hvri.'t C. Smith 370 North Arm Lane 1 06-117-23 24 0011 42757 S2,400.00 1 1 Mark J. & M. Larson 366 North Arm Lane 366 North Arm Lane Mound, MN 55364 1 06-117-23 24 0012 42757 S2.400.00 2 1 Ross C. Hawkins Jr.360 North Arm Lane 5455 E. Virginia Ave. Phoenix, AZ 85008 1 06-117-23 24 0013 05050 $2,400.00 1 1 James R. & Adrienne M. Neilson 340 North Arm Lane 340 North Arm Lane Mound, MN 55364 1 06-117-23 24 0014 05050 S2.400.00 2 1 JonM. Pendletm 350 North Arm Lane 350 North Arm Lane Mound, MN 55364 1 06-117-23 24 0015 06887 $2,400.00 1 1 David E. & Carla J. Sipprelt 345 North Atm Lane 345 North Atm l^ne Mound, MN 55364 1 Page 14^ / 1 — ..— SEP 0 8 2003 GliY Ul- UHO n U REQUEST FOR COUNCIL ACTION DATE: September 8,2003 ITEM NO.; 7 Department Approval: Nanc Gregory A. Gappa Titk Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Order preparation of aveasibility Study West Farm Sewer- Resolution We have received a signed petition from four of the six houses on the eastern end of Homestead Road requesting preparation of a feasibility study for the installation of a sanitary sewer system. These property owners comprise more 35% of the property owners which is the threshold required in State Statues to request a feasibility study for an assessment project. Five these properties have nonconforming septic systems, and the potential for adequate replacement septic sites is limited by topography and required lakeshore setbacks. We are recommending approval the resolution ordering the preparation of a feasibility study for this project. COUNOL ACTION REQUESTED Motion to approve the resolution ordering the preparation of a feasibility study for the West Farm sanitary sewer system. na/kOi J r A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT WEST FOR WEST FARM SANITARY SEWER WHEREAS, the neighborhood residents have presented a petition requesting an assessment project for the construction of a sanitary sewer system. WHEREAS, it is proposed that the benefitted property(s) be assessed for all of the cost of the improvements pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED, by the City Council ofOrono, Minnesota that the proposed improvements be referred to the City Engineer for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary , cost effective, and feasible and whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Orono this 8th day of September 2003. ATTEST: Linda S. Vee, Citv Clerk Barbara A. Peterson, Mayor a-I lp-‘" w i ‘■i mm I Sicyj 1W9 IL15 LOhc. La.V:F EPM COl AYER St EY OlVIS m-' • * A .>■■■'.. ;■ ■ .•'•• '.■ .--v mm f ; • L 1 ( • V..-cJ<’'- ii.V= r - - - '•.. V » • •• . —• Feet i>rfMh~arA ai ...... SEP 0 8 2003 REQUEST FOR COUNCIL ACTION 11 ur- ORONO DATE: September 8,2003 ITEM NO.: 8 Department Approval: Name Oregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: 'Pj. Public Services Director's Report Item Description: Approve MNDOT Payment-Old Cry stal Bay Road Pavement Project This request for payment from MNDOT is per the terms of a Cooperative Agreement with MNDOT for the Old Crystal Bay Road- TH12 to Fox Street Pavement Project that was previously approved by the Council. Project Description 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 scheduled for the year 2004 -2005. The pavement on Old Crystal Bay Road is nearing the end of its service life and needs to be reconditioned within the next several years. The last major work completed on this road was a State Aid-funded pavement overlay project in 1984. 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. The existing pavement has numerous transverse cracks which would reflect through the new overlay within several ycais. Also, included in tliis project will be paving of the shoulders. 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. Some higher speed bicyclists prefer to ride on the shoulder instead of the trail. This reduces the number of bicycle/pedestrian conflicts on the adjacent trail. A right nmt lane will also be added for northbound Old Crystal Bay Road to eastbound Highway 12. Addition of this turn should reduce the morning rush hour traffic backups at the signal. The Cooperative Agreement with MNDOT links this project to the Highway 12 project in order to improve coordination and limit the potential for conflicts between contractors working in the same area. The plans and specifications for the Old Crystal Bay Road Pavement Project were included in the Highway 12 bid package, and this work will be completed by Ames Construction under the Highway 12 construction contract. Page 1 of 2 n Project Fuoding This project will be funded from Municipal State Aid (MSA) fVmds. The City cunently has an MSA construction fund balance of approximately $1,000,000 available at MNDOT for use on State Aid projects. We receive about $380,000 per year in MSA construction funding. We are recommending Council approval of this payment to MNDOT in the amount of S7S9,147.7 1 for the Old Crystal Bay Road THI2 to Fox Street Pavement Project. COUNCIL ACTION REQUESTED Motion to approve payment to MNDOT in the amount of $759,147.71 for the Old Crystal Bay Road THI2 to Fox Street Pavement Project to be funded with Municipal State Aid Funds with a budget adjustment to the year 2003 Municipal State Aid Fund Budget to reflect this expenditure. Page 2 of 2 haiii riflfii'ng' SEP 0 8 2003 REQUEST FOR COUNCIL ACTION O.. I or ORONO DATE: September 8,2003 ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Services Director ’s Report Item Description: Accept Quotation tor Stubbs Say Road Erosion Project This is an erosion control project to repair an area with severe gully erosion on a property located at 65 Stubbs Bay Road South. This erosion is caused by the discharge from a culvert under Stubbs Bay Road that flows down a steep slope across the property. This culvert drains a large pavement area in the vicinity of the Stubbs Bay/Watcrtown Road intersection. This stormwater then flows through a wetland and strean) complex into Stubbs Bay. The distance from this property to Stubbs Bay is only 2,000 feet. The Stubbs Bay Watershed has been identified by both the City and the Minnehaha Creek Watershed District has a priority area because of the poor water quality in Stubbs Bay. The City's Surface Water Management also identifies this area for the completion of channel erosion projects. Over the past several years, the property owners have tried unsuccessfully to solve this erosion problem. There are two basic methods to correct this problem the traditional method would have been to construct a ripraped channel. This is a costly solution that is not aesthetically pleasing and does not improve water quality. Over the past several years, the use of native vegetation for channel stabilization has become more prevalent. I hese projects are less expensive than riprap, more aesthetically pleasing, and also provide water quality treatment. We are recommending the use of native vegetation channel stabilization techniques for this project. The City now is required to have a NPDES stormwater permit, and this permit require agencies to establish a program for the implementation of Best Management Practices (BMP’s). The installation of native vegetation channels is one of our BMP's, and we need to report on an annual basis BMP's that have been utilized. Our recommendation is that completion of this project with stormwater utility funds is appropriate because of the gully erosion occurring and the amount of public street runoff that flows through this property. This propert>' is substantially impacted by the large amount of storm water drainage flowing through the middle of the property. The priority ranking for stormwater utilitv-funded projects is in this order; first structure flooding problems, second erosion problems, and third areas with poor drainage that is not threatening structures or causing erosion. Page 1 of 2 We have solicited quotations from contractors that specialize in native plantings projects for erosion control for this woric and the lowest quotation was from Minnesota Native Landscapes Inc. of Foley Minnesota in the amount $10,889.00. Bonestroo Engineers has previously worked with this contractor and they do high quality work. We will obtain a drainage easement from the property owner to complete this project, and the property owner has agreed to water and maintain the plantings until the area is fully established. We are recommending acceptance of this quotation. COUNaL ACTION REQUESTED: Accept quotation in the amount of $10,889.00 from Minnesota Native Landscapes Inc., Foley Minnesota for completion of the Stubbs Bay Road erosion control project. Project to be funded from the Stormwater Utility Fund with a budget adjustment to reflect this expenditure approved. ■ if S wm Page 2 of 2 I/' . . ;■ ^7 lV m .fciS Om)NO, MINNESOTA lopTn NOTC> CCWTCt POINT or •irrLC Ml K LOwCt THAN T»€ TWO TIC IN POINTS ON ClT»Ct SIX I ill. m !fiii 1 flilhvi <8‘l- * il g I/) UJzz I oS C8.0 ulbMiiaidtMilMdi iilfcHtilUlliiiiif-i^^ tiWfrtii’ If ... «-..w r Ik iV — 1/ '>»^-^^5>S^* ' '' • CHIAI^ im ^'v,,^ '•1\ '-*v. Vi 'imatc CWATt ARCA CONsmucM (6* FROM iOC€ UNITS or CHi CHAMNfy C5 t V © \H CONSTRUCTION NOTTS t) rfstall yiT rcNCC pmtm to any CONSTRUCTION ACTIVITY 7) Reuovc All cbstinc rock plastic ANO dram Ta C i) Dispose or ALL construction 0C8RIS M A PROPCR MANNtR 4) RCCRAOC DiANNCL M OCSCNATCO location mtn a mmmum or r cnannci BOTTOM WTH GRADUAL SLOPMC SOCS S) i-l'Nr must Pt COMPltTlO MTH MN/DOT M77 TYPE B TOPSOR. 6) Aa Rirrus/POKO*NC arias should BC WSTA lUD IRTM 6*-12 “ TCLOSTOn C BOULDERS ANO MN/DOT 3733 TYPE *V rABRiC. 7) DUE TO RESOC n TIAL PROnMiTY '“•T'^l^TION hours BETa CCM t'Jtn ono Bpm MONDAY THRU fROAY ONLY. r; CAUTION TO NOT DISTURB EKSTINC viga Ta Tion On Channel AREAS MUST AOHCAR TO CONSTRUCTION LMTS. •) LEAVE rnSTiNC 4 ANO S R«CH METAL ORilAM PIPES ANO INCORPORATE INTO channel SLOPE DESIGN. ! I i\r\hH-AV • i A—i %mm m M Sii iil.’•I if J oS C5.01 Qr^t...... ..-- SEP 0 8 2003 CMY urUHONO REQUEST FOR COUNCIL ACTION DATE: September 8,2003 ITEM NO.: !0 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Reportr> Item Description: Approve MNE>OT Payment-TH 12 Signals Brown Road & Old Crystal Bay Road This is a request for payment from MNDOT for the City’s share of costs for traffic signal improvements at the TH12/ Brown Road and Old Crystal Bay Road intersections. This payment is per the terms of a Traffic Control Signal Agreement with MNDOT that was previously approved by the Council. A new traffic signal will be installed at the TH12/ Brown Road intersection and the existing traffic signal, at Old Crystal Bay Road will be upgraded to add a northbound to westbound left turn arrow and include an Emergency Vehicle Preemption System. These traffic signal improvements will be funded with Municipal State Aid Funds, and we are recommending approval of this payment to MNDOT in the amount $43,200.00 COUNCIL ACTION REQUESTED Motion to approve payment to MNDOT in the amount of $43,200.00 for the City’s share of costs ♦fnffir* cir»r**vi .Af>nof fUo XI410/ RoticI intersections to be funded with Municipal State Aid Funds with a budget adjustment to the year 2003 Municipal State Aid Fund Budget to reflect this expenditure. REQUEST FOR COUNCIL ACTION StP U 6 2003 CITY OF ORONO DATE: Sept. 4,2003 ITEM NO: I I Department Approval: Name Greg Gappa Title Public Services Director Administrator Reviewed: Agenda Section: Public Services Director’s ReportP/ Item Description: Stonebay Development-Kelley Parkway Streetlights One of the requirements in the Development Agreement for this project is that the developer is responsible for the payment and installation of street lights along Kelley Parkway through a construction agreement with Excel Energy. The City will then be responsible for the future maintenance and operation of the Kelley Parkway lights. We are requiring that the lights be installed per the terms of a construction agreement with Excel Energy so the City can then have Excel Energy maintain the lights under a maintenance agreement. Excel Energy will not maintain any lights that are not installed through an agreement as the company wants to ensure that high quality lights are installed to reduce future maintenance costs. Operation and maintenance of the streetlights on the private roads in the development w ill be the responsibility of the homeowner ’s association. There are several different styles of light fixtures and poles available through the Excel Energy program. Information on these fixtures and poles is attached for Council review. Also, enclosed is information on potential street light styles for the private streets in the development. This information was submitted by the developer for consideration during the review process for this project. However, no formal Council action was taken on the selection of a light fixture style for either the private road or Kelley Parkway street lights. We are requesting that the Council review- and discuss the desired fixture style for the Kelley Parkway and the street lights in the development. Although the street lights on Kelley Parkway and the interior street lights in the development would not have to be exactly the same, some consistency between the interior and exterior light fixture styles should be maintained. The streetlights along the entire length of Kelley Parkway should all be the same. The development agreement for the new dental office also requires that the developer install street lights on Kelley Parkway through an Excel Energy agreement. We are also recommending that the City install the same streetlights along our Kelley Parkway frontage. Staff Recommendation Regarding Fixtures The two key elements of the streetlight fixtures decision are whether the lights should be shielded, so that the light is focused downward, and whether the fixtures should be decorative or “classic”. It is staffs recommendation that the streetlights should be shielded, and should be decorative. Staff has reviewed the streetlight styles with the Stonebay developer. Both staff and the developer prefer the “Domus” style, subject to confirming that the dome is metal vs. glass, so that it does provide for downcast lighting. Efilfis Staff suggests the poles be a clean, simple design, such as the “Columbus*’ style. COUNCIL ACTION REQUESTED Discuss/Approve a fixture and pole style for the Kelley Parkway streetlights and the interior street lights in the Stonebay Development. The City has received Application and Certificate for Payment No. 2 from DEW, the General Contractor, in the amount of $198,399.00. The application for payment has been reviewed and approved by the architect and project manager. COUNriL ACTION REQUESTED: Motion to approve the Application and Certificate for Payment No. 2, in the amount of $ 1 98,399.00, to be paid fh)m the Navarre Fire Station Construction Fund. r i ■ NSP Outdoor Lighting is Luminaires kqLtv fMtXM/AV Decorative Fixtures A ri—rr—i a# H 1 4-^/ \ 3T.t;r “ \§i V p ^ - 1 Wif i a \ • •* □ J Vernon Acorn Eden Domus Lantern Colonial Traditional Classic Fixtures r’ -• i I r _ _a.. ? Shoebox J-*" H?tbox Cobrahead i T’'^" • ^ . Shoebox Deep y Rectilinear Cobrahead Cutoff Custom Options Custom to classic product specifications will be installed by experienced construction crews to ensure a reliable system from poles to fixtures. Our proven experience in unique products, special installation needs and complicated electrical infrastructure requirements provides a feeling of security that your project will be completed in a timely manner and with great care when you choose NSP Outdoor Lighting. 414 Wolkt Mall. NlnncapoUt, MN M401 • wwmnspcoaofli • l-MO-NO-flSS O •tmiMttinSMRnMr I I M li •| NSP Outdoor Lighting is Poles and More Villager • Mounting Height 14' • Fluted Shaft • Aluminum • Base Mounted • Decorative Fixtures • Standard & Custom Colors Columbus Mounting Height IS' • Round Smcoth Shaft • Aluminum • Base Mounted , * Decorative Fixtures I • Standard & Custom ' i Colors 'I !' Jefferson • Mounting Height 15' • Rbund Tapered Shaft • Aluminum • Base Mounted • Decorative Fixtures • Standard & Custom Colors !f All American • Mounting Height 20'-35' • Round Tapered Shaft • Aluminum • Base Mounted • Shoebox, Hatbox or Rectilinear Fixtures • Standard & Custom Colors h \' Eden " • Mounting Height 15' • Round Smooth Shaft • Aluminum • Base Mounted —j • Decorative Fixtures . • Standard & Custom ^ Colors Washington • Mounting Height 12' to 20' • Fluted Shaft • Aluminum or Fiberglass • Base Mounted • Decorative Fixtures • Standard & Custom M Colors All American • Mounting Height 14' • Round Tapered Shaft • Aluminum or Fiberglass • Direct Buried • Traditional or Colonial Fixtures • Standard & Custom Colors AU American • Mounting Height 25' • Round Tapered Shaft • Fiberglass • Direct Buried • Rectilinear or Cobrahead Fixtures • Standard & Custom Colors Standard Colors • Dark Bronze • Dark Green • Black Custom Colors We offer custom colors for any pole and fixture to coordinate your streetlighting with your communit/s theme. Standard Accessories • Banner Arms • Rower Brackets • Flag Holders • Outlets • Breakaway Devices Custom Accessories Our custom accessories can enhance the aesthetics and provide a distinctive look and feel to any environment 1-800-960-623S p mi/».TE I6HTJ Ancestra Saties 1 ^.^;}}JOM: »•/ i-;iV:.?.v,- ;' . /y " • ■ ■ - •* ..• - V./ . *:,v ^ . *■ V- <k ‘ % »*-.*»■ .tT-:* ■>*. ■• ?* ^^.v ^^ Vr..' . • • -■-^■^V *■' ■-'’•• T-. ■• ’. ■• r-v •'Vf^‘ •'•'■:• ■ '■ ■'-. • *' l II IMIP HH^il V .j}x\^-__^ k- *^. sa^KSfe.y- y- *? h ir i ^ il If .1 rS Im^'1 mnm E'yyf'r^:' ; \ rZ Ifii rLMi i ’ Ih'J W«r i>iHm>!<^ ■......‘K;i : ..#'i^ ^ktllii C 'i^ • t r m- '< mu -r''. . , rj I f .M ’ ^ • Vi * ^;- ________f-.mm n U» -ixu]-: S J* ^ ••A-* ■S - X LiimEc • ^, r . 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LtimEC-mm C3X .;■ ■■ ;r; ]:=• ________________ SEP 0 8 2003 REQUEST FOR COUNCIL ACTION CITY Or unuNO DATE: Sept. 5,2003 ITEM NO: / 2- Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Payment Request Number 7- Navarre Fire Station The Cit>’ has received four invoices for services related to the Navarre Fire Station 1. Constructive Ideas for project management services in the amount of $3,240.00. 2. BKV Group for architectural services in the amount of $2,432.04 3. STS Consultants for construction testing ser\ ices, in the amounts of $990.35, and $ 1,022.45. COUNCIL ACTION REQUESTED: Motion to approve the requests for payment in the amounts of $3,240.00 to Constructive Ideas, $2,432.04 to BK.V Group, and $990.35 and $1,022.45 to STS Consultants, to be funded from the Navarre Fire Station Construction Fund. i f J L_ BKV CROUP Architecture imeriof Design Engineering Boorman Kfooe Vogol Group Inc 222 North Second Street Minneapolii, MN 55401 JJkfhofm 6nZ39Z752 FocsMe: 6125396212 WWW bkvgroup.com EOE BIlIiDf Groop 001 Tottls: ReCBVED AUG 2 6 2003 CtTYOFOROMO I nvoice Invoice Number 20842 Invoice Date: August 25.2003 Citv of Orono 2750 Kellev Parkway P.O. Box 66 Orono MN 55323-0066 Attention: Mr. Ron Moorse Project: 1124.10 City of Orono-Fire Station Professional Services throuah 8/25/2003 Billing Gronp: Contract#: 001 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $110,500.00 84.00% $92,820.00 $90,610.00 Current Fee Total:$2,210.00 Billing Group Total;$2210.00 Billing Gronp; Contract #: rciinb Reimbursablcs iBiirifii . f Bllllag Group rdmb Totali; Mileage/Tnvel Postage 29.20 11.92 Reimbursables Totals S222.04 Billing Group Total: Project Totals: $222.04 *** Invoice Total ***$2,432.04 BilUag Summary Professional Services Reimbursable Expenses: Outside Services: Other Services and Fees: Finance Giarges: Taxes: Total. Current $2,210.00 $222.04 $0.00 $0.00 $0.00 $0.00 Eofil $90,610.00 $5,959.09 $11.40 $0.00 $0.00 $0.00 Isaal $92,820.0C $6,181.1 $11.40 $0.00 $0.00 $0.00 $2,432.04 $96,580.49 $99,012.53 A W' ■ ‘. .1,- ; '■■f, * Datt August 2003 DcKription Navarro Fir# Station Construction Phase • August Billing Total amount this invoice: Invoice Date:Saptambar 2,2003 No: 4288 To:City of Orono Date Due: 10/1/03 P. 0. Box 66 CllJobNo: 03-018 Orono. MN SS323 Account No: 342 Hrs. 1 l.s. Amount 3,240.00 $3,240.00 9t 09/05/2003 08:46 6512254741 CONSTRUCTIVE IDEAS PAGE 01 Constructiye Ideas Pltnning • CPM Scheduling • Project Cost Analysts • Preconstruction Services Fax Transmittal Date: September 3,2003 Pages Including Cover: To: Mr. Ron Moorse From:Constructive Ideas. Inc.L City of Orono W. A. Wolters Fax: 952-249-4616 Re: Navarre Fire Station - Testing Invoices Notes: Ron: Tne following invoices from STS look OK to me for payment I have signed each for your files. Invoice 246898 - dated Aug 16,2003 in the amount of $ 990.3S Invoice 246897 - dated Aug 16,2003 in the amount of SI,022.45 The contract that STS sent for your signature looks OK too. I didn’t see anything out of the ordinary in the terms or conditions tiut were attached. If you have any questions, please give me a call. Bill Wolters If you do not receive all pages, please call (651) 225-4740. 901 JeffmonAvume,Suite300 • StFnl.MN55102-(651)22M740 -F«225-4741 ^ 09/65/2303 08:46 6512254741 AirlMOOl ITiUM PrgrCITV W OMRO CONSTRUCTIVE IDEAS PAGE 02 H8II414I1I T-087 P.0II/0B8 M02 •M OOmSAMm SOD. p,o. aos ml asoFoao wuuc, zt> coin XttWioa NMbWi Xnvoie* fipui i4«m AtnoiT u# aops moai DOB non bkixit eaafcoMV fo-. m Olflea: •n Job IfiMiMri ■UX Thru satai umx Receivede «-»»0«3.0 Oe/M/OS I ^ cm OV ORORO P.O. MX II OMM. tof ssaaj-ooffs Xf you iiavv cttaatioos xagasding this iovolMf e«Ilfiiviii j motine •t (713) 318-1300 • jonil MX. KOH HOOXn m • s • • • «—eMfwqw III eoM^itcuofcln Tooting A CM Speelal Xn^oettoB Mxvieoo for cha Itavatx* am ttotloa la Oreoo* Ml. tanw WXT* —• • •• ex Conotrueclon •• • • • Bonlor eoMulCMt • a.00 Rouro • 110.OQ 220.00 eiorlealAlMrA treoMocfr .ai Boon 41.00 11.21 Soaier Toehnlcloa 14.38 Bouro 43.00 C12.7S MiXoogo 313.00 NiUo .49 lli.96 Conexats Canffoaolvo StrongCh a.00 TOOM 14.00 20.00 TOTAIt.MIOONT OOX I ? . • • • • •• •• •%• ••m •* • • • • •• • • • a • • * • PUMB BBNXT OMS COR Of SIVDXCS 11X11 lOOX MSiafr. A rxMwei exAROB of x i/at m mowth <ii% miri »u .vi bxu . bi aboo TO AUl xmozeif bkfazo arbx jo ontb IK'- -1’, iOtliilMlihi 'J 09/05/2003 08:4& 6512254741 KiirlKOBI 07>il« ^rorCITY ff ORMO CONSTRUCTIVE IDEAS Hnf4Mfll PAGE 03 T-fiOr P.OM/DM Mil an cmnuumt us. ».o. KK last mfoaa hmuc, n co«a» Xomte* RaiftMr) tanlM Bat*} S4flffamm la, aooa BIOM BSOItM Cttstaatx Cetef OiatMar Mi •T8 Offieai XS1U7 RECBVEO Bill tbxu Batai crtYOFoaowo cm or OKCMO 3710 nunr nuoDax ORORO. Mr aoaa« Z( you hava qoaatioBa xagaxdinv Bhl* iavaioa, plaas* call BZBVMt J KmSZMX at (7(3) 31S-4300 JOW: ORSa QMtA 1 / f r- ail OaMtauatlen •tadia* a Vlr* ftaaieo mm.OBIT nici • •• •• Oeeatruatioa • • Oaaier OanaulMnc iaaler xadmleiaa ,ciaaieal/lfoxd ne«aaaer * Mllaage BVtelaar Btaaiey/couga/llbur .so Hoara to.00 4P.00 14.00 Kouira •3.00 743.00 .35 neara 48.CO 11.81 ‘347.00 Nilea . .40 141.30 • S.OO Boura aa.oo 73.00 VOtAIi AHOOliT Dutt • • •* . * I ax.oaa.as / • • • • .9LIASB BBMZT ONI COPY OP ZMVOZCl «XT> 7001 M»I»T.a fzioiici OMM OP a i/a% pan noMni ua» MonauAr) «zui bb jubo TO ALL avoieil BBPAZD APTBA 30 SMCB i ¥I . * • REQUEST FOR COUNCIL ACTION Co* •• — . SEP 0 8 2005 CITY U^ ORONO DATE: Sept. 4,2003 ITEM NO: /3 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Navarre Fire Station Apj^cation and Certificate for Payment No. 2 7 The City has received Application and Certificate for Payment No. 2 from DEW, the General Contractor, in the amount of $198,399.00. The application for payment has been reviewed and approved by the architect and project manager. COUNCIL ACTION REQUESTED: Motion to approve the Application and Certificate for Payment No. 2, in the amount of $ 198,399.00, to be paid from the Navarre Fire Station Construction Fund. .J' PAYMENT APPLICATION TO;ClyofOrono 27S0 Kelley Paikway Or0fi0.MN 5533b AKbr. Accounts Payable FROM: DwCorpoiiOon 2125 Cofitury Avenue North SL Paul, MN 55109 PROJECT 03005 NAME AND Fire Slation LOCATION:3770-3700 Shorelna Drtve Orono^MN 55336 ARCHITECT: BKV GroupJna 222 N. 2nd St Minnaepoli.MN 55401 Post'll* Fax Note 7671 fco4 AAr ✓! Phonof / UHlt: ur* UUNIHAC1:07/01/2003 UU □ □ FOR: CONTRACTORS SUMMARY OF WORK AppKcalkNi is made for payment as shovvn belw. ConUnuatkNi Page to allached. 1. CONTRACT AMOUNT Z SUM OF ALL CHANGE ORDERS 3. CURRENT CONTRACT AMOUNT 4. TOTAL COMPUETEO AND STORE $1,138,000.00 $0.00 (Unat^A 2)$1,138,000.00 $234,433J26 (Column G on Conbnuafion Page) 5. RETAINAOE: a. S.00% ofComptetadWoik (Cohimnt 0 ♦ E on Continuation Page) b. 5.00$^ of liatortol Sloiad <Cohfmn F on Conlinualton Page) Total Ralalnaga (Una 5a ♦ 5b or Cotumn I on ContlnuaUon Pago) $11,722.00 $0.00 $11,722.00 6. TOTAL COMPLETED AND STORED LESS RETAiNAGE (Lined mlniit Una SToUQ 7. LESS PREVIOUS PAYMBIT APPLICATIONS (Una 6 bom prior AppicaOon) 8. PAYMENT DUE 9. BALANCE TO COMPLETION (Una 3 miiNis Una 6) $915,288.72 $222,711.20 $24,312.26 (kmtraclofto Signature irekm is his assuranoe to Owner, concerning the paymanl hereto apfrttod for. that: (1) the Work has liaan perloimad as required in the Contract Doa lents. (2) al suma previously paid to Cont edor under the Contract have been used to pa> Jontraclofto ooeta lor Ubof, metertols end other oblgaticma under Um Contract for Work previously paid for, and P) Cordreclor Is legally entiled to this payment CONTRACTOR By:07/3(V2003 tobert S. Dew, Presidont Stale oT. Mtoneaota County of. Ramsey Subscribed and s¥vorn to before mathis 39th dayof July 2003 mm TAMMYJNBSON WOTMnrRJBUC-MNMEtOU Notary PUbIc; Tammy J. Natoon My Commtoslon Explrea: January 31,2 ARCHITECTS CERTIFICATI m>c\v ArchlecCt fllgMlure ImIow I> h s assurano* to Owner, concerning •>■! iwyinenl herein eppled Ibr. Ihel: (l)AicMBctlieakMpeolei IhnWorIcropnMenledtrylhteApgIteutlon. (2)ench Werttheeheen compleled to the eidenl Indleab d bi ttile Appicalkm, end the <)uen^y of woitonanshb) eiNl meleilils ooidbrmewUitoeConhaclOoi umenU, (3)IhieApi^lionforPaymenIaccumtoliftoatostheatMunt Vlfioik oomplalad and peyma 4 due therefor, and (4) Archlact knows of no taaion why paymanl notbemada. .J.a ...ERTneO AMOUNT. SUMMARY OF CHANGE ORDERS ADDITIONS OEOUCnONS Totit chwgee apprewod In pievtous monitie $0.00 $aoo Total epproved thto monii 10.00 $aoo TOTALS taoo $0J» NET CHANGES $0.00 (IftheoBfWBdBfnauntis lr^tdllhe6gumM ARCHITEi PAYMEfJT APPtICATION TV/h)m tfw peymanf dUa. you shoi4U riffac/r ari a^ptonattori. ingBdhirmIchtheoertifi&damounL) Data:^*itt paymanl applied tor hatato la ateignabto or negoOiMai Paymanl ahaS made aniy to Contractor, and la wdhout pn^ioa to any rights of Owner or Cotdraclor (aider ContoKl Doaanentt or onwnetoa. OSS. MC. DOCUNENT S s 5 8 S <e« >• I'. ■- , 'i' ’ i ‘ . c / '♦ ■ •- .}:\ • '>. i i ■V-: ■; CONTINUATION PAGE Page 2 of 3 PROJECT 03006 Navarre Fire SUUon PaymerU Appicalion coraainbig Cofibaclofs signature Is aOadied. /\PPUCATION«: DATE OF APPUCATION: PERIOOTHRU PROJECT is^ 2 07/3012003 07/3(V2003 mEM » 1 2 3 4 5 6 7 k 9 10 11 12 13 14 16 16 17 16 10 20 21 22 23 24 25 26 27 28 29 B WORKOESCRiniON General CondHioni Bonda Eii/iheiofk SleUUMief AiipKoU Paving Conciels Ifim^caplng Cjfiorele fdasofvy Precast Conuele Arcti RpbgmI Steel Fabrication Steel EiecUen Rough CarperOiy MBNoflc WeliipiooOng Roofing Cauldng HM/DooraMardwefe Owarlwad Doors A1 Oad Wood Windows AL Giass & Gtoclna Caramic'nio Epoxy Flooiiiig CaipoVRoslofti P»Hina ToMPsittono SUB-TOTALS SCHEDULED AMOUNT $126,687.50 $9,994.00 $25,645 00 $11,900.00 $16,857.00 $4,050.00 $17,582.00 $41,200.00 $241,700.00 $9,283.00 <'i,7'5.00 $8,?$k.00 $35,m00 $13,102.00 $6,400.00 $48,640.00 $3,657.00 $9,3450)0 $5,9180)0 $9,952.00 $11,409.00 $7,130.00 $2,640.00 $11,500.00 $6,3390)0 $11,178.00 $711.00 $2,140.00 COMPLETED WORK AMOUNT PREVIOUS PERIODS 6747.494^ $15,596^0 19.994.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 90.00 laoo 90.00 saoo 90.00 90.00 90.00 . 10.00 90.00 9aoo 90.00 90.00 90 00 90.00 9aoo 90.00 60.00 fO.OO AMOUNT TIUS PERIOD 925.592.28 920.206.00 90.00 99.252.50 911.900 00 9000 90.00 90 00 911.90000 9130.000 00 90.00 90.00 90.00 60.00 90.00 90.00 14.000.00 $0.00 90.00 91.062.50 90.00 $0.00 90.00 90.00 90.00 90.00 90.00 90.00 90 00 90.00 STORED MATERIALS (NOT INDORE) 1188,341.00 90.00 90 00 90.00 90.00 90.00 90.00 90.00 90.00 9aoo 90.00 90.00 $0.00 90.00 saoo 9aoo $0.00 90.00 90.00 90.00 90.00 90.00 9000 90.00 90D0 90.00 1000 50.00 9000 taoo TOTAL COIIPLETB3AND STORED (D^E4F) 935,804^10 99,994.00 99.252.50 911,000.00 90 00 9000 90.00 911.900.00 $130,000.00 $0.00 90.00 90.00 90.00 $0.00 $aoo Hooaoo $aoo 90.00 91.062.50 90D0 $0.00 SO 00 $0 00 90 00* 90.00 90.00 90.00 saoo SOM 9219.833.26 PERCENT COMPLETE (G/C) 28% 100% 38% 100% 0% 0% 0% 29% 54% 0% 0% 0% 0% 0% 0% 63% 0% 0% 12% 0% 0% 0% 0% 0% y% 0% 0% 0% 0% 29% BALANCE TO COMPLETION (C<5) $90,663.22 90.x 916,392.x X.X I16.657.X 94.9XX 917.X2.X 929.3XX 9111.7X.X 99,283.x 911,715.x 935,696.x 98,70aX 93S,323.X I13.1X.X 92.4X.X 948,840.x 13,657.x 18,262 X ts.eio.x 19,062.x 911,4XX 97,130.x .'2.64aX 9i1,5X.X 96,339.x 911,176.x 9711.x 92,140.x $633,561.22 I RETAJNAGE OF VARIABLE) 9i,7oax I5X.X 9463.x 9S96.X XX XX lax 9595.x Xs5X.X 90.x XX XX sax XX XX 92X.X sax sax 9S4.X XX sax XX XX sax XX X.X sax XX XX SIQXT.X CCNTXUATION PAGE FOR PAYMB^T APPUCATION OSS. MC. DOCUMENT . I s <9 a 8 8 '•e r i:. • • • ^ •. .*.•. « • ti COHTMUATION PAGE Page 3 of 3 PROJECT;OJ0O5 Karano Fim SMioi PayiMiri A«ncaion eanlainina Conitadw's Hanatom li eUKlied. appucahon#; OATEOFAPPUCATIOM: PERIOD THRU PROJECT is 2 Oman ornoc o> M £ a 8 CONTIWJATIOH PAGE FOR PATMENT APPUCATIOM 8 V Ittii w SEP 0 Q 2003 REQUEST FOR COUNCIL ACTION Ui r ur URONO DATE: September 8,2003 ITEM NO : /4 Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Payment Requests - Long Lake Fire Station Joint Project The City has received two invoices for payment for work related to the Willow Drive fire station. Mid-Minnesota Wire, for gear grid helmet holder, $263.75. General Office Products, balance due for office furniture, $209.48. COUNCIL ACTION REQUESTED: Motion to approve the requests for payment as follows: Mid-Minnesota Wire in the amount of $263.75, and General Office Products in the amount of $209 48, to be funded from the Joint Fire Account. TomNWovd Pwfacf JXamo Coyncil-Acmm JOOIVLL Fwt RFF 09080) wpd dafesdiiiliid rnium Invoice IMCMMmNGSCTA WIRE 670 SWlSth Street Forest Lake, MNS5025 651-464.4468 Fax 464-4780 Invoice Dale 4nm Invoice# INV0300127 §mrv aMnNf#.* LONG LAKE FIRE STATION M1D-MINNE80TA WIRE S MFG INC 340 WILLOW DR 670 SW 15th Street LONG LAKd. MN 55356 Forest Lake, MN 55025 1 { 800S00017S BinofLadbia:’4’TfiioMiM Numbar: VERBALMKE . . ■emtm UPS GROUND ORIGIN Net Amt Due in 30 Days CurrMcyCoda: US CumnqfRali: 1 “KS mve part Number Line Line Wl OOr^OTK^ Price HELMBmCEbB 7^ QtyShIppad UOM BctendeC Amount 002 002 ! 35.00 EA NON 0.00 PAINT, SPRAY. TRANS GRAY 0.00 1.00 EA . Beee Tax: NON 0.00 253.75 0.00 < ■ 0.00 0.00 “BEEBZEET’ Oty of long late '4 « t fi;. :., r%' . t ne Amounir ▼etai:253.75 Total Base Tax:0.00 Subtotal Amount 253.75 ' 1 il PreigM:10.00 Ti ' Invoice Total:2S3.75 1 1 ^ C.lMnD9«ni jTtt#vyi»rcfM^(iWi!pQW»!VP^r<y Pag* 1 of 1 IfrM.OOaM ZOO/200‘4 CLItl UNI ONOl 10 XXIO zzai 9ii Z96 eciZT cooz.sz'vjv WMI II GOKHtAl omcE nUMHJCfS COMMNy wciicRni. ufMCfe PMU0UCT8 C 4S2iHd»w«yS>vw Mlnnt^Mlii^MN 35416^098 lllOM (9S2) 92S-7500 F«k(952>»29-7S31 (8521 825-0718 P*4 Invoice 8QL0TO: mcHnu x nous r IIM PABX AVI I O MK (Ofi SI3KC Oblctd CtatM SHiPTO: MXcmitLi B foui tan LMB ctTr or ai<4 ftMUC AVI » O BOX <0f Lom lAxi.Mr ssasc ttiiicad Stac«B rf9B3.47«.9caa ■IT If nON nv BMt 131715 laaaas V OCTwIiQWOCT CAIIIOTiaCillWBuigbirilgw^^ ^ i COO/ZOO‘4 SOCZf ai\n ONoi io AiiD ZZ96 9Lf Z96 0Z>60 COOZilO’Nfir w- \ ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION .... . SEP 0 8 2003 VII T or UHONO Datc:09/08/03 Item No: J Department Approval:Administrator Reviewed: Agenda Section: Name: Title: Kurt Rrickson Sergeant Item Description: Request to dispose of surplus police vehicles Exhibits: DISCUSSION: The Orono Police Department is interested in disposing of three vehicles which are no longer in use and have no continuing value to the City. I'hese vehicles have been fully functional emergency police cars that due to high milage were replaced earlier tliis year through the 2003 budget. The cars in question are two 2000 Ford Crown Victoria ’s vehicle ID numbers arc 2FAFP71W6YX1 52093 / 2FAFP71 W4YX152092 and one 1998 Ford Crown Victoria vehicle ID number 2F ALP71W3 VX151904 . In the past the police department has sold retired squad cars through the 1 lennepin County Auction or by conducting in house sealed bids with public advertising. This year the police department has become aware that Soderholm Auction Company in Maple Plain is willing to list these cars and sell them through public auction with their cn-line public auction service. There is expense on the part of the City to advertise and get these cars ready for sale if staff is to conduct the sale. It is hoped that the broader audience diat Soderholm has to offer will draw- increased bidding to help offset fees will charge. Soderholm ’s is offering to sell these cars for, a $50 internet registration fee and 7.5 % of the sale price. Soderholm's are a licensed car dealer in the State of Minnesota and the car will be sold by them to the final bidder. Soderholm will also ensure the title transfer is out of the City of Orono name. rr COUNCIL ACTION REQUESTED: It is requested that the Orono City Council, authorize the police department to sell through Soderholm Auction Company these vehicles;! - 1998 and 2 - 2000 Ford Crown Victoria squad cars and approve the Soderholm fee structure for their service. iL\ipps\\ipwin60\w|Kloc$\OPDdocymem^ Action^CounciJ Action fofm.^pd ORONO POLICE DEPARTMENT ----------------------------- SEP 0 8 2003 y 11 f ur OHONO REQUEST FOR COUNCIL ACTION Date:09/08/03 Item No: J (p Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Kurt Erickson Sergeant Item Description: Disposal of Surplus Property Exhibits: Attached list of property to be disposed of DISCUSSION: The police department comes into lawful possession of property during it’s normal course of municipal operation, 'fhis property when unclaimed for over 60 days becomes “abandon property.” In the case of this property, all has been in police possession for at least one year and has not been claimed or the owner can not be identified. This property is taking up valuable storage space. City ordinance allows the council b> adoption of a resolution to authorize the disposal of said property after a notice is published giving 3 week notice of sale. (Sec. 2.61 sub. 2) The police department would like to use Soderholm Auction Company of Maple Plain to auction the items in question. The items while numerous, are of little value and not w oiih staff time to set up a local auction. Scdciliol.m’s will group the items into other auctions they have. Soderholm’s are willing to do this in exchange for compensation as follows; on items over $100 a 1 5% (per item) charge will be made, on items under $ 100 a 20% (per item) charge w ill be made and then a 5% clerking and cashier charge will l>c taken fr^m the proceeds. It is believed that this is a reasonable charge in light of the staff time needed to set up and conduct an auction. Soderholm's has a broad customer base that will attract more bidders and hopefully some of the sale cost w ill be offset by higher bids than if we tried to conduct a local auction. Unsaleable items will be donated to charity. (Good Will. ARC. Epilepsy Foundation etc) There are several items including a portable 4000 w att generator. Green Trees Road sign, portable gas driven air compressor, post driver and a truck tire on a rim that public works has indicated an interest in obtaining for use by the city. These items are to be transferred directly to public works for city use. COUNCIL ACTION REQUESTED: It is requested that the Council adopt a resolution declaring the property on the attached list to be abandon property and authorize the police department to proceed with selling said property pursuant to city ordinance. x:\apps\wpwin60\\ipdocs\OPDd(Kumcms\Councit Action\Council Action form.^iHl ^ v'- ' r r. - tf A RESOLUTION DECLARING CERTAIN PROPERTY TO BE ABANDONED AND REQUESTING AUTHORIZATION TO DISPOSE OF SAID PROPERTY WHEREAS, the Orono Police Department has come into lawful possession of certain property; and WHEREAS, the Orono Police Department has drafted a Request for Council Action and identified the property in an addendum to the Request for Council Action, and WHEREAS, this property has been in the possession of the Police Department for more than 60 days; and WHEREAS, the owners of said property have either failed to respond to notification or the owners of said property cannot be identified, and WHEREAS, City Ordinance allows for the disposal of abandoned or unclaimed property and the Police Department is seeking authorization to dispose of said property pursuant to Ordinance. that: NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono I.The Police Department be authorized to dispose of said surplus property by public auction through Soderholm Auction Company, or 2. 3. Give non-salable items to Charity, or Forward to Orono Public Works, items that are usable for the benefit of the City of Orono and its residents. Adopted by the City Council of the City of Orono this 8* day of September, 2003. ATTEST: Linda S. Vec, City Clerk Barbara Peterson, Mayor Orono Police Department Release of Confiscated Propert>' List Compiled: August 29,2003 ITEMS TO BE SENT FOR AUCTION li£m Nail Gun Nail Gun Nail Gun Nail Gun Long Handled Screw Gun Speakers (2) Stereo Receiver Speaker in homemade box Speaker box Battery Charger Subwoofer Stereo Speaker DVD/CD player Speaker Amplifier Speaker CD player 19" color television PlayStation game VCR CD case with CD's Digital brand computer monitor Deer Stand Binoculars Answering Machine Utility Knife Baseball glove Misc Stereo Speakers (II) CD's (4) Misc Tools Pants (clothing) (4) Basebdl bats (2) Golf Clubs (2) Stereo Amplifiers (2) Case # 00-1157 00-1157 00-1157 00-1157 00- 1157 01- 4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01-4500 01- 4500 (unknown) (unknown) 02- 3676 #6,7 #2 #1 #3 #4 #5 #8 #10 #12 #13 #14 #15 #18 #20 #21 #23 02-3676 99-6652,02-3678,01-4715 02-3676 02-3676 02-3676 02-3676 02-3676 99-6652 Page 2 CD cases (2) with 108 CD's Pool Cue and case Wake Board Life Jacket Suitcase Purse Air Gun Nylon Briefcase Blue DufBe Bag Chain Saw Chain Saw / ' 02-1871 01-4715 00-1086 00-1086 01-3649 01- 3649 02- 1871 99-7408 01-5177 'WIi ! • Orono Police Department Release of Confiscated Property List Compiled: August 29,2003 ITEMS RELEASED TO ORONO PUBLIC WORKS FOR CITY USE llsm Green Trees Road sign Truck Tire on Rim Post Driver Generator Air Compressor Case # 01-4108 0M84 01-4500 00-1157 00-1157 I! ! t i . ii * ' ’ f I ^ :; Orono Police Department Release of Confiscated Property List Compiled: August 29,2003 ITEMS TO BE DONATED TO CHARITY Hem Misc. clothing (shirts) in dry cleaning bags - owner unable to be determined. y Si ■ A >••- .t- **/ ^ -i . '■- i,‘ . . ♦ * ' . f’ • ^\ f : ~ /r./■--- - .. ’■^.v, ■'-TiKr-'' .' ■ V • -*■•. ... . . .A. . > ‘ --' d 11s ■ !i! 1 ■ : ; ? ' i: • j •> . \ii SEP 0 8 2003 REQUEST FOR COUNCIL ACTION Ct 1 r *-»«* wnuwu DATE: September 4,2002 ITEM NO: H Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed: ________________________ Agenda Section: City Administrator's Report 7 Item Description: Proposed 2004 Budget and Tax Levy Attachments: 1. Tax Levies-Actual 2003 vs. Proposed 2004 2. Tax Capacity, Local Levy, and Tax Capacity Rates 3. Effect of 2004 Tax Levy and Budget on Property Owners 4. Resolution Adopting the Proposed 2003 Tax Levy Collectible in 2004 5. Resolution Adopting the Proposed 2004 Budget Proposed 2004 Budget The 2004 budget reflects an effort to comply with the state-imposed levy limit, and to deal with limited revenues, while maintaining ''urrent service levels and accommodating the additional costs related to the start-up of the Navarre Fire Station. The 2004 budget is a difficult one on both the revenue and expenditure sides. A number of revenue sources have been reduced by a total of approximately S140,000. This includes $63,000 of State Aid, of which only 60 % can be recouped through the property tax levy, .a Ithough the remaining revenue reduction is $102,000, the levy limit will not allow the levy to be increased to offset the reductions. On the expenditure side, several areas of expenditure are increasing in 2004, the most significant of which are related to fire ser\'ice, particularly the costs forgetting the Navarre fire station staffed and operational. Although these start-up costs are only for a three-year period, they are difficult to accommodate in the current budget environment. In an effort to balance the budget, expenditures are proposed to be substantially reduced in a number of areas, and a number of fees and other revenues are proposed to be increased. The focus of this effort is to reduce expenditures in a way that enables the City to continue to provide day-to-day services at current levels. With the exception of fire service, this budget does not allow for increased service levels. There are a number of needs tliat will remain unmet. A number of fees will be increased to better reflect the actual cost ofthe serv'ice provided. The proposed budget also includes the prudent use of reser\es to fund several specific expenditures. r i Ji oJ. r*j General Fund Budget Expenditures The General Fund includes major City services such as police, fire, street maintenance, building inspection, planning and zoning, and finance and administration. The proposed 2004 General Fund budget expenditures are $4,701,490. This is a reduction of $ 11,390, or .2% from the 2003 budget. Although the General Fund budget expenditures are reduced overall, there are a number of areas that require increased expenditures. These include annual compensation adjustments, start-up costs for the Navarre Fire Station, acquisition costs related to an upgraded automated police records system, and costs related to the 2004 election. These increased expenditures are more than offset by a large number of expenditure reductions in the range of $500 to $2,000, as well as a number of more substantial expenditure reductions. These include contracted street overlays, training and development, and the contingency account. General Fund Revenues 1.The 2004 budget reflects the second year of a very restrictive levy limit along with substantial reductions in a number of significant revenue sources, the largest of which is a $30,000 reduction in interest revenue Use of Reserv es The proposed 2004 budget includes the use of reserves in the General fuiiu and the PIR Fund as sources of funding. In the General Fund reserves are proposed to be used to fund the biannual increase in the election expenditures and to replace the recycling grant which has been eliminated by Hennepin County. Because Elections expenditures are increased and decreased every other year, it is recommended that the increase in Elections e.xpcnditures of $11,200 for 2004 be funded using General Fund reserves. The City collects a recycling fee to pay the cost of the curbside recycling program. Since the inception of the curbside recycling program, the cost of the program has been somewhat offset by a recycling grant provided by Hennepin County. In recent years, the grant has been reduced, and will be eliminated in 2004. Because the City has generated a reserve balance in its recycling fee account, rather than increasing the recycling fee to offset the loss of the recycling grant, it is recommended that the lost grant revenue be offset by the use of reserves in the amount of $5,500. In recent years the City has levied $35,000 per year into the Permanent Improvement Revolving (PIR) Fund to provide additional funding for street overlay's, beyond the $97,000 amount included in the General Fund budget. There is expected to be a balance of $65,000 available in the PIR Fund as of December 31 ,2003. In addition, the 2004 levy includes another $35,000 levy into the PIR Fund. It is recommended that up to $67,000 of PIR Fund reserves be used in the 2004 budget to offset the $67,000 reduction in the funding for street overlays in the General Fund. —----------------*— vTiA'llLAaika r mm « Levy Limit The legislature placed levy limits on cities for 2004. The levy limit freezes levies at the 2003 level, with the exception that the levy can be increased to recoup 60% of the lost Market Value Credit Aid and Local Government Aid. For Orono, this means that although we lost $63,000 in State Aid, we can only recover 60% of the aid loss through a levy increase. Tax Levy The tax levy required to fund tlie proposed 2004 General Fund budget is $2,596,820. This is an increase of $46,780 or 1.83% over the 2003 General Fund Levy. The total tax levy required to fund the proposed 2004 budget is $3,143,520. This is an increase of $99,530, or 3.27%. The total levy includes a Fire Facilities and Equipment Bonds debt ser\’ice levy of $73,250. This levy will be used to pay the debt service on the bonds used to finance the Navarre Neighborhood Fire Station, and the purchase of fire apparatus and equipment needed for the Navarre Fire Station. The total levy also includes a special levy of $83,000 to fund the repayment of one-year equipment certificates for the purchase of three replacement police squad cars, and a special levy r <'$125,000 to fund icpayment of equipment certificates for the purchase of replacement equipment for the Public Works Department. Tax Capacity Rate, and Impac' of Tax Levy on Propert>* Owners The estimated tax capacity for taxes payable in the year 2004 is $ 18,153,975. This is an increase of $2,568,328, or 16.48% over the 2003 tax capacity. Based on the City ’s increased tax capacity and the proposed tax levy, the tax capacity rate will be 17.32%. This is a reduction of 12.90% from the 2003 tax capacity rate. The reduction in the tax capacity rate will result in a reduction in the City ’s share of the property tax bill Even assuming a 10% increase in a home's property value, the City s sha.'c of the property tax biP for a home valued at $350,000, would be reduced by $27.75, or 4.1 %. For a home \ alued at $500,000, the reduction would be $41.07, or 4.1%. .\doption of Proposed Budget and Tax Levy The City is required to adopt a budget and tax levy so that the levy can be certified to the County by September 15. After adoption, the proposed levy cannot be increased, but can be reduced prior to final budget adoption in December. Resolutions adopting the preliminary 2004 budget and proposed tax levy are attached for Council adoption. COUNCIL ACTION REQUESTED: 1. Motion to adopt a resolution approving the proposed tax levy to frmd the 2004 budget. 2. Motion to adopt a resolution approving the proposed 2004 budget. 1 If .Y-tf -:.'- ■: CITY OF ORONO TAX LEVIES ACTUAL 2003 vs PROPOSED 2004 TAX LEVYCOl.I.F.CTIULE INCREASE PERCENT TAX LEVIES 2003 2004 (DECREASE)CHANGE General $2,509,684 (a)$2,509,684 (a)$0 0.00% Infrastructure (PIR)35,450 35,450 0 0.00% Park Land Acquisition and Development 5,000 5,000 0 0.00% Total Levy Subject to Levy Limit 2,550.134 2,550,134 0 0.00% Market Value Credit Lost To State of Minn.(54.410) (a)(54.410) (a)0 -0.00% 2004 Add Back - 60% .)f MVCr & LG A Reductions -0- (a)38,216 (a)38,216 na Total Levy Limit, Net of Market Value Credit Loss 2,495,724 2,533,940 38,216 1.53% Special Levies: General Fund - PERA Rate Increases 4,980 (a)5,540 (a)560 11.24% General Fund - COPS Grant Decrease 14.786 (a)I4.7Q0 (a)4 0.03% General Fund - Capital Equipment Cert.75,000 (a)83,000 (a)8,000 10.67% Imp & Equip Outla> • Capital Equip Cert -0-125,000 125,000 na 1992 Improvement Bond Debt Service 45,000 0 (45,000)-100.00% 1997 Improvement Bond Debt Service 15,000 18,000 3,000 20.00% 1999 Improvement Bond Debt Service 15,500 5,000 (10,500)-67.74% 2000 Improvement Bond Debt Service -0--O-0 0.00% 2003 Imp Refunding Bond Debt Service -0-35,000 35,000 na 1998 HRA Refunding Bond Debt Service 250,000 250,000 0 0.00% Fire Facility and Equipment Bond Debt Service 128,000 73,250 (54,750) TOTAL SPECIAL LEVIES 548,266 609,580 61,314 II.18% TOTAL TAX LEVIES FOR ALL PURPOSES $3,043,990 $3,143,520 $99,530 3.27% NOTE! Levy limits were relnstitutcd by the 2001 Legislature. Total General Fund 2.550,040 tal 2,596,820 (a)46,780 1.83% % A ;!£|l Sili SI ' ^ • ?•;■.■ V- \ »> p''t^ ■ ‘ "1V®S'-’' w.”- 'r-..- • 4 - ■■• ; .;-. : '*4< L'>.- TAX CAPACITY Real Estate Personal Property Deduct Tax Increments Deduct Contrib Fiscal Disp Add Distribution Fiscal Disp Net Tax Capacity (To calculate rate) LOCAL LEVY Total levy all funds TAX CAPACITY RATES General Revenue PIR Infrastucture-Storm Sewer / Roads Parks • Land Acquisition & Development Improve & Equip - Capital Equipment Debt Service HRA Building Bonds Fire Facility & Equipment Bonds Debt Total Local Tax Capacity Rate auDCKTuoimTAXCAri.m City of Orono Tax Capacity, Local Levy, & Tax Capacity Rates Actual :003 Estimated 2004 2004 Over (Under) 2003 Amount / ' ■.ft# * Afi ii §i iiii nltilMi Percent $15,547,498 112,175 (3,600) (269,786) 199,360 $15,585,647 $18,120,386 110,057 (3.600) (279 146) 206,278 $2,572,888 (2.118) 0 (9.360) 6,918 16.55% -1.89% 0.00% 3.47% 3.47% , $18,153,975 $2,568,328 16.48% $3,098,400 $3,143,520 $45,120 ^ 1.46% 16.702%14.304%-2.398%-14.36% 0.227%0.195%-0.032%-13.98% 0.032%0.028%-0.004%-13.93% 0.000%0.689%0.689% 0.484%0.319%-0.165%-33.99% 1.603%1.377%-0.226%-14.09% 0.821%0,403%-0.418% 19.869%17JI6%-2.553%-12.85% •' ‘-W-—-------------- ----------- 1, mm , • ■■•..■•■•'•. ■ •• =• • ■*» .-ft 4' '». %■ ft'' EfTcct cl'2004 Tax Levy & Budget on Homes Page 5^ Marfcet Vahie for 2003 Taics S200.000 S350.000 S500.000 2003 2^ 5%incr 2004 10% liter 2003 ;2004 5% incr ?004 10% incr 2004 5% incr ?004 10% incr Estimated Market Value $200,000 $210,000 $220,000 $350,000 $367,500 $385,000 $500,000 $525,000 $550,000 Tax Capacity (Net) ♦2,000 2,100 2,200 3,500 3,675 3,850 5,000 5,250 5,500 Tax Capacity Rate 19.869*'. 17.316%17.316%19.869%17.316%17.316%. 19.869%17.316%17.316% Net Tax $397.3.8 $363.64 $380.03 $695.42 $636.3 >$666.67 $993.45 $909.09 $952J8 $ Increase (Decrease) Trom 2003 --($33.74)($16. 3)($59.05)($28.75)($84.36)($41.07) % Increase (Decrease) from 2003 ••-8.5%-4.15'.-8.5%•4.1%-8.5%-4.1% * 2003 Tax Capacity (net) ■ I % of first S500.000 market value, plus 1 ,25% of all value over SSOO,000 2004 Tax Capacity (net) ■ IS of first $500,000 market value, plus 1 .25% of all value over $500,000 V- t City of Orono - nudget r ■ 9 A RESOLUTION ADOPTING THE PROPOSED 2003 TAX LEVY COLLECTIBLE IN 2004 BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that the following sums be levied for the current year, collectible in 2004 upon the taxable property in the City of Orono, for the following purposes: General Fund - Operating PIR Fund - Infrastructure Replacement (Road) Park Fund - Land Acquisition and Development Imp & Equip Outlay - Capital Equipment Certificates G.O. Improvement Bond 1997 Public Facilities Revenue Reftuiding Bond 1998 - HRA G.O. Improvement Bond 1999 Fire Facility and Equipment Bond 2003 - HRA G.O. Sewer Improvement Refunding Bond 2003 $2,596,820 35,450 5,000 125.000 18,000 250.000 5,000 73,250 35,000 TOTAL ALL LEVIES $3,143,520 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 8,2003 ATTEST:Barbara A. Peterson, Mayor Linda S. Vee, City Clerk T«t nMiarffminni »6< Un I f A RESOLUTION TO ADOPT THE PROPOSED 2004 GENERAL FUND BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the proposed 2004 General Fund budget is determined to be as follows: GENERAL FUND ESTIMATED REVENUES Taxes - General $2,596,820 Special Assessments .. Licenses and Permits 367,600 Intergovernmental 206,020 Charges for Services 1,358,190 Fines and Forfeits 96,500 Interest Income 41,000 Miscellaneous 19,660 Transfers From Other Funds — Total Revenues and Other Financing Sources $4.685,790 PROPOSED EXPENDITURES General Government $973,150 Public Safety 2,826,140 Street Maintenance 485,490 Parks and Recreation 64,610 Recycling Program 90,380 Engineering - Unallocated 10,570 Reimbursable Expenditures 66,150 Special Projects and Contingency 30,000 Capital Outlay 110,000 Transfers To Other Funds 45,000 Total Expenditures and Other Financing Uses S 4.701.490 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 8.2003. ATTEST: Barbara Peterson, Mayor Linda S. Vee, City Clerk TO)MUDC-US««MM^IU A.: ^ -s . REQUEST FOR COUNCIL ACTION ........... SEP 0 8 2003 T ur UHONO DATE: SepteirberS, 2003 ITEM NO: !& Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Selection of Dates for Truth in Taxation Hearings All local taxing jurisdictions are required to hold both an initial hearing regarding their annual budget and a subsequent hearing at which the final budget is adopted. These hearings are held in late November or early December. Because the hearings cannot conflict among the various taxing jurisdictions, there are only a small number of potential dates available to the City. The dates are shown on the attached calendar. It is recommended that the initial hearing be set for 5:30 p.m. on Monday, December I, and tlie continuation or subsequent hearing be scheduled for 7:00 p.m. on Monday, December 8. COUNCIL ACTION REQUESTED: Motion to set the Truth in Taxation Initial Hearing for 5:30 p.m., Monday, December 1, and the Continuation or Subsequent Hearing for 7:00 p.m., Monday, December 8, with both hearings to be held in the Council Chambers. ‘■y~\i <? ^ S* 1 f4 fj i December 2003 Sunday Monday 1 • Orono proposed TNT 8 Reconvened Hearing: Orono proposed TNT' Tuesday ISiyS76 TNT ISD2T ISO 271 ISDiSil TNT Wednesday Thursdey • Metha^pec Ojstncts TNT • HerovCo TNT, lyened Hearings: • ISO 277, • ISO yn TNT Redoqvened Henn cis,Tl iring: • Recbayened Hd^ng: I • Recbqyened “ Metero^S»(Jtist TNT • 12 ing: Recdmened ISD27I ing; TomkMtwT Friday Saturday 6 i }13 1 )20 •! SMOS-iUPM REQUEST FOR COUNCIL ACTION C0<'••••• ••—"'MO SEP 0 6 2003 QTY \jr uriUNO DATE: September 4,2003 ITEM NO: I 9 Department Approval: Name Ron Moorse Title City Administra'cr Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Attorney to Represent the City Regarding the Mn/DOT Condemnation of City- Owned Land for the Highway 12 Project The right-of-way needs of the Hight^’ay 12 project require the acquisition of two City-owned parcels by Mn/DOT. Although the City was in the process of negotiations with Mn/DOT regarding the value of the properties, Mn/DOT has initiated a condemnation action to acquire the properties. It is important the City be represented in this process by an expert in the area of condemnation law. Both Council member White and Desyl Peterson, Minnetonka City Attorney, recommended attorneys from tlic firm of Keimedy & Graven. Gabriel Jabbour and I met wth Corinne Thomson, of Kennedy & Graven, who has been representing the City of Minnetonka in condemnation actions. We provided her with the background on the two parcels and the condemnation action, and were impressed with her knowledge arid approach. Attached is a letter/retainer agreement from Corinne Thomson/Kennedy & Graven, setting out the scope and terms of their representation. COUNCIL ACTION REQUESTED: Motion to approve the Retainer Agreement for Legal Services with the firm of Kennedy & Graven, with Corinne Thomson being the principal attorney, and to authorize the City Administrator to sign the agreement. ■■ F.:. » ■■ « . Cl raven CHARTERED 4^0 PilUbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9MO fix hiip://\^’\v"w.kenneJy*griven.tom CORRINE H. THOMSON Atlome\' at Law Direct Dial (612)337-9:17 Ilnuil: cthomson(akainedy-graven com Rea! l*roperty Law Specialist, Certified by Minnesota State Bar Assn. September 4,2003 Ronald J. Moorse City Administrator City of C - no Box 66 Crystal Bay, MN 55323 RE: Retainer Agreement for Legal Services State of Minnesota v. Borgert, et ah, I lain. Co. Court File CD-2726 State of Minnesota v. Lurton, et ah, Hcnn. Co. Court File No. CD-2725 Dear Mr. Moorse: It was a pleasure meeting with you regarding the above-referenced matters. The purpose of this Icilvi is to esiabllai. ,!.v* tonus undci >wilv;ii Kennedy &. Graven would represent the City of Orono in connection with those matters. Please provide copies of this letter agreement to the City Council for its consideration and approval. As I indicated during our discussion, condemnuiion proceedings involve many deadlines, and it is important that the City respond promptly in order to protect its rights. Because of a new statutory deadline for recovering appraisal fees, 1 recommend that the City proceed immediately with retaining a qualified real estate appraiser to provide an estimate of damages from the taking. In addition to approving the retainer agreement as set forth below, please ask the City Council to authorize staff and our fimi to retain an appraiser on behr if of the City. It is important that we have a clear understanding as to the scope of our representation and as to the matter of payment of fees, disbursements and other expenses. The scope and terms of our representation are as follows: 1. City of Orono (“Client”) hereby retains and employs the law finn of Kennedy & Graven, Chartered (“Finn”) to provide legal services in connection with the above-referenced condemnation proceedings commenced by the State of Minnesota and affecting Client’s properties. CAHOJTOSlvl KG400-I1 Ronald J. Moorse September 4,2003 Page 2 of 4 2.It is our mutual understanding that the Firm has not been asked to, and is not being expected to, provide legal representation or advice to Client or to any other interested parties other than to the Client as specifically outlined in this letter or as specifically requested by the Client. 3.Client agrees to pay the Firm for its legal ser\ ices on an hourly basis, as set forth on the enclosed schedule. The parties will consider the advisability of a contingent-fee arrangement after the City has obtained a preliminary appraisal of the properties that are the subject of the above-referenced actions. The principal attorney advising Client will be Corrine H. Thomson. Client also agrees to pay the Firm for out-of-pocket costs that the Firm incurs in representation of the Client, including but not limited to, copying costs ($.20 per page), long-distance telephone charges, fax charges ($.50 per page), court filing fees, messenger service fees, and mileage at the rate of $.35 per mile. 4.The Firm will provide Client with a monthly invoice describing the legal services provided and costs incurred. Legal services are billed in minimum increments of .1 hour. Client agrees to pay within 30 days afler the date of the invoice. Firm reserves the right to charge interest on late payments as provided by Minnesota Statutes, section 471.425, subdivision 4. 5.Client may tcmiinate this engagement at any ti.nie upon written notice to the Firm. Firm may terminate this engagement for any reason within the Rules of Professional Responsibility. Upon termination, the Finn shall promptly return all files owned by Client. Client shall be responsible for all legal fees and costs incurred through the date of termination. 6.Firm acknowledges that its performance of this engagement is subject to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Firm will not provide any member of the public access to data classified as not public except at the direction of Client. The provisions of Minnesota Statutes, section 181.59, with respect to non-discrimination, are incorporated in this agreement by reference. Please review this engagement agreement carefully. We encourage you to discuss any concerns or questions you may have relating to this agreement. 1 have provided you with Uvo signed originals, each indicating the Firm’s agreement with the terms .set forth in this letter. Please indicate the City ’s agreement with the terms of our representation by signing both originals and returning one to me at the Firm address listed above. 1 am enclosing with this letter some information about the Firm and the attorneys in the firm who work in the eminent domain area. I understand, however, that you may receive the original of this letter and its enclosures after the City Council agenda packet has oeen mailed. Council Ronald J. Moorse Sq)tember4,2003 Page 3 of 4 members who want to review the Firm’s qualifications and experience prior to the Monday council meeting may want to look at our website, www.kennedv~Braven.com. Sincerely, ^-------------------- Corrine H. Thomson CHT:jms Enclosures V ’ ■ ■ ■ ;.-a:." .. Rate 2 L Attornsy Robert A. AIsop Ronald H. Batty Stephen J. Bubui Paula A. Callies 4 — Robert C. Carlson John J. Choi Robert L. Davidson John B. Dean -------4 - r i -T— -----» Benjamin W. Johnson David J. Kennedy Charles L, LeFevere ^ John M. LcFevre, Jr. < Robert J. Lindall Elizabeth Mercer-Taylor Michael T. Norton Scott J. Riggs -t-- T. Jay Salmen Brvan D. Shlrlevm m James M. Strommen Corrine H. Thomson James J Thomson, Jr, M^.y D. Tietjen Milaiia P. loiins John Utlev Robert J. Vose Arlin B. Waclti Larry M. Wertheim Bonnie L. Wilkins 2003 Rate #2 175 175 175 I65j 175 165 175 175 145 “f75 175 175 “ 175 140 175 165 '175 145 175 175 175 145 140 175 165 175 \15 175 Terry L. Berg Nancy K. England Catherine B. Rocklitz Kellv R Schutz Cheiyl A. Willey 100 100 100 100 100 All Law Clerks ............................ . REQUEST FOR COUNCIL ACTION SEP 0 6 2003 on r UP UHONO DATE: September 5,2003 ITEM NO: Department Approval: Name LinVee Title City Clerk Administrator Reviewed: Item Description: Adopt New Code fo. the City of Orono - Ordinance 5^ Agenda Section: City Administrator’s ____ Report Attachments: Background 1. Ordinance 2. Summary of Changes 3. Memo from Mike Gaffron, Planning Director In 1998 the CoupcII authorized the recodification of the City Code, which was last codified in 1984. Since that tiuie, staffhas been working with Municipal Code Corporation to research, edit and recodify the Orono City Code. The City has recently received final copies of the new Code, which includes all ordinances that were adopted prior to December 31,2002. Ordinances which were adopted between December 31,2002 and May 27,2003 are included with Supplement 1 and will also be adopted as part of the new Code. Prior to distribution of the Code, the City Council must adopt an ordinance enacting the new Code for the City of Orono, Minnesota (see attached). Once the Code is adopted, it will be distributed to those who currently have Code books. It will also be available in a computerized ^ormat that can be easily searched by stafT and citizens on the Internet. The Code is scheduled to be updated quarterly on the Internet, with hard copies distributed once each year. Changes to the New Code The recodification is basically a reorganization of the existing code. Any substantive changes are outlined in the attached Summary of Changes. Aii extensive review process was followed wi*h all departments reviewing the existing Code and changes suggested by Roger Merriam, the Code Attorney who worked with us from Municipal Code Corporation. Planning Commission Review and Recommendation State Statutes require that any revisions to the Zoning Code may not be adopted until a public hearing has been held. Such public hearing was held on Wednesday, September 3, 2003 regarding the proposed changes to sections of the new Code related to the Zoning Code. The Plana'ng Commission voted 6-0 to recommend adoption of the proposed revisions to the Zoning Code (see attached memo from Mike Gaffron). Organization of New Code Books 1.1 he listing of Officials of the City of Orono, Minnesota on page iii reflects the officials in office at the time of codification. In the future, an additional page listing the current officials will be included and will be maintained as Municipal Code Corporation is advised of changes. » ^ I I I \ Request for Council Action continued September S, 2003 Page 2 2.The Preface beginning on page vii is a summary of the history of codification, the materials used, and organization of the Code. 3.The Table of Contents beginning on page xiii outlines each section and chapter within the Code. 4.The body of the Code is divided by tabs identifying each major subject (purple) and chapter (cream). At the beginning of each chrqrter is the section analysis which lists the articles, divisions and sections which make up the chapter. 5.The Code Comparative Table found at the end of the Code gives the location within the new Code of those sections of the 1984 Code which may be used for reference. 6.The State Law Reference Table, also at the end of the Code, shows the location within the new Code of references to the Minnesota Statutes. 7.The Code Index, which i:r the iast section of the Code book, provides a valuable lookup tool to use when researching various topics. Staff Recommendation Staff recommends adopting the attached ordinance enacting a new Code for the City of Orono, Minnesota, providing for the repeal of certain ordinances not included therein; providing a penal ty for the violation thereof; providing for the manner of amending such code; and providing when such code and the ordinance shall become effective. rof incIL ACTION REOUFSTrn; Motion to adopt the attached ordinance enacting a new Code for the City of Orono, Minnesota, providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the matmer of amending such Code; and providing when such Code and the ordinance shall become effective. ORDINANCE NUMBER _1, THIRD SERIES AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ORONO, MINNESOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE The City Council of the City of Orono ordains: SECTION 1. The Code entitled “Orono, Minnesota Code,” published by Municipal Code Corporation, consisting of Chapters 1 through 94, each inclusive, is adopted. SECTION 2. All ordinances of a general and permanent nature enacted on or before May 27,2003, and not included in the Code or recognized and continued in force by reference therein, are repealed. SECTION 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. SECTION 4. Unless another forfeiture is expressly provided, eveiy convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not more than $700.00, imprisonment for a term not to exceed 90 days, or any combination thereof. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The forfeiture provided by this section, unless another forfeiture is expressly provided, shall apply to the amendment of any Code section, whether or not such forfeiture is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. SECTION 5. Additions or amendment to the Code when passed in such form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendment. SECTION 6. Ordinances adopted after May 27, 2003, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. SECTION 7. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. Page 1 of 2 _ Adopted by the City Couticil of the City of Otoflo on this 8th day of September, 2003 by a vote of____ayes and_____nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of2 Summary of Changes to the 1984 Orono City Code The following changes were made throughout the code: 1. Grammar and spelling is corrected and modem phraseology is used. 2. “Policeman ” (and variants thereoO is changed to “police ofTicer ” (and variants thereof). 3. “Fireman” (and variants thereoO is changed to “firefighter” (and variants thereoO- 4. All provisions are edited in light of the general provisions chapter (Chapter 1) and duplicitous material removed. 5. The state statutes arc referenced as Minn. Stat. 6. References to a department of public works arc changed to reference a department of public services. 7. All insurance requirements arc changed to a minimum of $1 million. 8. Obsolete sections have been removed. Following is a list of changes that were made to specific sections of the code, followed by comments related to each change: Description of Change Comments 1. Sec. 2-2 - Added to those who can issue citations Added; Septic Inspector Planning Director, Fire Marshal, Public Works Superintendent, and As designated, subject to Council approval 2. Sec. 2-3 (d) changed time period former owner can make claim Conformed to Minn. Stat. 471.195 by changing the 90 day period to six months 3. See. 2-40 (b) deleted listing of items for the order of business at regular meetings Council should adopt a resolution setting out order of business, such as Roll Call, Consent Agenda, Approval of Minutes, Reports by Boards and Commissions, etc. 4. 1984 Code, Chapter 2.06 (5) - Deleted bond requirement Deleted section w hich required city administrator to furnish surety bondm 5. Sec. 2, Article IV "Department " - Added new section ‘‘City Departments” Language added: "City Departments. City departments shall be established as needed to provide for the delivery of city senices. The heads of such departments shall report to the city administrator, and shall perform such duties as assigned by the city administrator. * 6. Sec. 2-171 - Added “Fct’j ro fte established by resolution " Allows Council to adopt fees by resolution, unless a fee change is required by law' to be established by ordinance; thus the city is not required to publish and mail an ordinance when there is a fee change during the ^ear. Summary of Changes to the 1984 Orono City Code July 16,2003 Page 3 7. Sec. 2-172 "Disposal of excess property ” - Changed value Estimated value of surplus property changed from $S00 to $100. 8. Sec. \A-37 (1) “Fixing rates and charges for public utilities ' - Added language Language added: “No rate or charge involving an increase shall become effective until approved by the council, unless the Council has delegated its rate-setting authority’ to another authority." 9. Sec. 14-110 "Billing, payment arid delinquency ” - Changed to reflect current policies Utilities become delinquent after 30 days rather than 45 days; penalty is 8% rather than 15 %; dates changed from "September 30 ” to "September I" and from "between October 1 and 10 ” to "on or before December 1 ” 10. Chapter 18 "Streets, Sidewalks and Other Public Places ” - Changes to the following sections: ScC. 18-1 “Definitions - Changes made to “comer ”, ‘‘private road ” and “public road ”. - Added to "corner^ the following: “or the edges of the street pavement or shoulders. ” - Changed the first sentence of the definition of "private road ’ to read as follows: "Private road means the entire area .dedicated to private use or contained in a plat, ur. ease::::::!, or other conveyance, grant or by adverse possession and !%•.# f.*..-1 e m. sidewalks, trails, and other property between lateral property lines in which a private roadway lies. " - Added the word* '‘frnits“ "r..tA HAfinWion for "public road" to read as follows: "sidewalks, trails, allevs and other public property between lateral property lines in which a public roadwav lies. " Sec. \%-79 ““Authority of public services director ” - Avoided delegation of power problems by adding that the standard for the rules will be preserving the public safety and public and private property. Sec 18-109 ““Issuance "- Added language providing that there is no appeal from the decision of the public services director regarding permits for driveways, curb cuts, etc. Sec 18-138 (b) "Maintenance and removal” Altered so public services director ’s decision regarding removal of driveway approvals, etc. is not appealable. Summary of Changes to the 1984 Orono City Code July 16,2003 Page 4 1 1 .Sec. 22-89 "Unlawful Acts" - Change hours Refers to hours that swimming beaches may not be used. Hours changed from “8:30 p.m. and 8:30 a.m.” to "8:00 p.m. and 10:00 am." 12. Chapter 22-95 "Parks and Recreation" - Added language regarding service dogs Allows service dogs to accompany certain disabled persons in public places per Minn. Stat. 13. Sec. 26-34 -Added "Moral Character " Provides standard for determination of moral character. 14. Chapter 34 "Alcoholic Beverages " Totally redrafted Conforms to State Statutes Chapter 340A 15. Sec. 46-31 "Fire Prevention and Protection"- Add definition of Fire marshal Definition: "Fire marshal means the person appointed by the council to administer and enforce the state fire code, and who operates under the direction of the building official. ” 1 6. Chapter 54 “Solid H'aste Added to Sec. 54-32 ‘Storage" item (e) Language added: “All refuse and garbage deposited in containers for pickup must be kept behind the yard setback line as for the district in which the property is located. Refuse must be deposited at one place, at ground level, on each property. Refuse containers must be returned and placed behind the yard setback line by the owner or tenant on the same day that the garbage or refuse is collected, i nv intent of this section to allow oniy on the prior evening and the day of collection the garbage or refuse container to be in front of the yard setback line." 17. Chapter 58 "Environment " - removed ordinance regarding Stubbs Bay sewer properties As Ord. No. 105,2"^ Series w as not of a general and permanent nature, it was not codified. 18. Chapter 66 "Traffic and Vehicles " - Changes to the following sections; "Crosswalks ” - Deleted Sec. 7.15 of 1984 Code Sec. 66-41 "Traffic signs “ - Changes regarding delegation of pow er Sec. 66-78 (19) "General Parking Prohibitions " - - The substantive regulations are covered by Minn. Stat. 169.21 . The designation of specific crosswalks is not of a general and permanent nature and will be saved from repeal in new code Section 1-12(15). - Avoided delegation of pow er problems by changing the necessary or desirable standard to "necessary or desirable to preserve public safety and the orderly movement of traffic. " - Language added: "XIQ) Along any street in a manner that is not parallel to the curb or edge of the street." !I Summary of Changes to the 1984 Orono City Code July 16,2003 Page 5 Added section Sec. 66-79 "Parallel parking" Revised so as to allow parking on the left side of the road on one-way streets, all other provisions being covered by Minn. SUt. 169.35. Sec. 66-124 "Riding bicycles in business districts - Added language permitting the operation of bicycles on sidewalks located in business districts Sec. 66-158 (4) - Change reference to ’“habit-forming drugs" - Revised language: “drugs which cause physical or mental impairment." 19. Chapter 70 "Offenses and Miscellaneous Provisions " - Changes to the following sections: • Sec. 70-1 Added "Violation of state statutes prohibited." - Added language making it unlawful to violate state statutes Article VI "Juvenile Curfew" - Updated to follow Hennepin County Ordir.uice No. 16 and Minn. Stat. 145A.05, Subd 7A 20. Sec. 74-2, item (b) (4) “Membership " - Added section regarding alternate planning conunission members Added language: “(4) The council may by majority vote appoint one or more alternate planning commission members to serve when regular members are absent. Alternate members shall be chosen at large." 2/. Chapter 78 "Zoning Regulations " - Changes to the following sections: Sec. 78-123 (a) “Issuances"- Revised last sentence to read as follows: “Theparameters within which a variance may be granted are as follows:" instead of "Undue hardship " as used in connection with the granting of a variance means: ” Sec. 78-161 "Districts"- Added ‘ RPUD Residential planned unit development district ” to R RESIDENCE DISTRICTS , f 1 Summaiy of Changes to the 1984 Orono City Code July 16.2003 Page 6 - Added "B-6 Highway commercial district" to B BUSINESS DISTRICTS - Change FLOODPLAIN to "OVERLA Y DISTRICT" - Added "SD Shoreland overlay district" to OVERLAY DISTRICTS Sec. 78-163 "Boundaries''- Added the following language regarding district boundary lines: “or in the case of zoning map amendments subsequent to January 1,1975, as legally described in said amendment ordinances." Sec. 78-281 "Setback *• •• Sec. 78-282 "Lakeshore hardcover and land alteration regulations " Sec. 78-283 "Tree removal regulations" - Delete LR-1A-1 from all three sections as the district does not • « CAiOi. • Sec. 78-563 (a) (2) and (b) (2) "Nonconformities " - Language changed from “effective date of this Section ” to "January 13,1983" Sec. 78-568 (1) (c) "Lot nn>n requirements " - I,anm.'»o*» from “effectiw Hflte of thi« c«/'t;on” to "January 13,1983 " L --- To: From: Date: Subject: Lin Vee, City Cleric Mike Gaflron, Planning Director September 4,2003 Planning Conunission Review of Recodification > Zoning Changes Pursuant to published and posted legal notice as required by Minnesota Statutes, the Planning Commission held a public hearing at 5:30 p.m. on Wednesday, September 3,2003 regarding the proposed Zoning Code language changes resulting fix>m recodification of the Municipal Code. There were no public conunents. Planning Commission debated the wording change regarding “undue hardship" vs. ''parameters" in regards to the variance administration section, and concluded that the proposed language is iq>propriate. No other proposed changes generated significant discussion. Planning Commission voted 6-0 to recommend adoption of the proposed revisions. f I I 11 I t : t 1 I i ; i •••----- ------ REQUEST FOR COUNCIL ACTION SEP 0 6 2003 Uir urOHUNO DATE: September 4,2003 ITEM NO: 2 i Department Approval: Naaic Ron Moorse Title City Administrator Administrator Reviewed: £2 Agenda Section: City Administrator's Report Item Description: Appraiser for Saga Hill Park Parcels At its August 11 meeting, the Council approved moving forward with the process for a land exchange to acquire a significant parcel for Saga Hill Park. The process includes obtaining appraisals of each of the parcels. A proposal for the appraisals has been provided by the firm of Bettendorf Rohrer Knoche Wall, Inc. (BRKW) who conducted an appraisal of parcels to be acquired for Saga Hill Paric several years ago. The cost for appraisals of both parcels is $4,200.00. It is recommended that the proposal from BRKW be accepted. COUNCIL ACTION REQUESTED: Motion to accept the proposal from BRKW for the appraisal of two parcels for the Saga Hill Park land exchange, at a cost of $4,200.00, to be funded from the Park Fund, and to approve a budget adjustment to reflect the expenditure. ) K BETTENDORF ROHRER KNOCHE WALL) APPRAISALS VALUATION SERVICES 1 August 26, 2003 Mr. Ron M ootm ; City Administrator City of Orono 2750 Keliey Parkway Orono. MN SS3S6 '*c»v*D Re;Fee Proposal Two Vacant Sites Wildhurst Site and Garden CT Site Orono. MN Dear; Mr. Moorse In response to your request I am submitting a fee proposal for the appraisal two vacant sites in the City of Orono. The Wildhurst Site (07-117-23-24-0031), containing 1.09 acres, is owned by the City of Orono and the Garden Ct. Site (07-117-23-24-0036) containing 1.22 acres, is owned by Richard Hennessy. The purpose of the appraisal is to provide an opinion of the market value of each site. The intended use of the appraisal is to assist in determining the reasonableness of a land exchange between the two owners. Two appraisal reports will be prepared with each one covering one of the sites. A Complete Appraisal, self-contained appraisal report will be prepared on each site detailing the data and analysis of the property and the valuation of the individual sites. It is assumed that much of the research and analysis developed for one of the properties will be useable in the valuation of the other property. These reports will be prepared in conformity with the Code of Ethics and Standards of Professional Practice of the Appraisal Institute and in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP). The Fee for the appraisal of both pioperties is: $4,200.00 The timeframe to complete the assignment is estimated at 6 to 8 weeks following the authorization to proceed. Attached is a copy of my qualifications and a company profile for your convenience. Thank you in considering me for this matter IY/»urs trul/* •Y \ ^ / / V / Michael J. Bet'tcndorf. MAI \..- 'v S^tUCI rili CINTif SUITI 314 1 600 UNIVIISITY AV( ST PAiii MN 55104 651646 6114 PAX 651 646 6086 brkwdbrkw com I r APPRAISER QUALIFICATIONS MICHAEL J. BETTENDORF. KUI BETTENDORF ROHRER KNOCHE WALL, INC Spruce Tree Centre Suite 314 1600 University Avenue St. Paul, Minnesota SS104 EDUCATION; B.A. - St. John's University, Collcgevilic, MN. - 1969 Successfully completed courses sponsored by the American Institute of Real Estate Appraisers (Appraisai Institute): Basic Appraisal Principles Methods and Techniques Capitalization Theory and Techniques Urban Properties Condemnation Standards of Professional Practice Numerous Seminars on various aspects of real estate appraising, including Business Valuation, Land Use Planning/Regulation, Engineering Drawings. Review Appraising, Market Analysis, Highest and Best Use. PROFESSIONAL MEMBERSHIPS & ASSOCIATIONS .Member - Appraisal Institute (MAI) Regional Representative - Appraisal Institute - Ethics Administrator*Region 3 - 2000* 2003 President - Minnesota Chapter #35 - A.l.R.E.A. - 1987 Licensed Certified General Real Property Appraiser - Slate of Minnesota • l.D. #4001398 Member • International Right of Way Association Member - Lambda Alpha International (Honorary Land Economics Society) Member • Faculty of Appraisal Institute/A.I.R.E.A. (I978>1991) Member - Faculty of University of Minnesota - Extension Division (1978*1983) Instructor - A.l.R.E.A. Course "Single Family Residential Appraisal" and "Residential Valuation” - University of Minnesota 1978, 1979, 1980 and 1984. "Residential Valuation" - University of North Carolina, 1981. Instructor - B.O.M.A. - "Real Estate Investment and Finance" - University of Minnesota - 1987; St. Cloud University - 1990 and 1991/92. Instructor - Master of Science Program - Real Estate Appraisals - St. Thomas University - 1996, 1999 EXPERIENCE February, 1971 to July, 1979 - Independent Fee Appraiser. Bettendorf Appraisals. Inc. serving as Vice-President a: 1 then President. July, 1979 to October, 1981 - Chief Appraiser. Farmer's and Mechanic's Savings Bank of Minneapolis • Mortgage Officer. October 1981 - March 1991 - Independent Fee Appraiser - Dahlen and Dwyer, Inc. March, 1991 to Present - Independent Fee Appraiser - Bettendorf Rohrer Knoebe Wall, Inc. • President. BETTENDORF ROHRER KNOCHE WALL, INC.PAGE 2 J TYPES OF PROPERTIES APPRAISED! Single family, multi-family, shopping centers, retail buildings office buildings, industrial buildings, hotels, golf courses, sports arenas, hospitals, schools and colleges, development land. Railroad corridors, easements for public utilities and assessment analyses. CLIENTS INCLUDE: State of Minnesota; Cities of Bloomington, Blaine, Shoreview, Woodbury, S>. St. Paul, Richfield, Inver Grove Heights, St. Paul, Little Canada, Minnetonka; Lending institutions including U.S. Banks, Twin City Federal, Midway Bank, Come'ica, St. Paul Port Authority; Corporations including Boston Bay Capital, Burlington Northern Santa Fe, Canadian Pacific, Gillette Company, Gen^'ral Cinema, Land for Public Trust, Health Partners, ANT, LLC, White Consolidated, Relocation Resources, Prudential Relocation, and numerous private clients. Testified as expert witness in District Court Proceedings. Served as Court Appointed Commissioner on real estate matters. Revised - January. 2003 BETTENDORF ROHRER KNOCHE WALL, INC.PACES COMPANY PROFILE BETTENDOnr ROIIRER KNOCIIE WALU INC. 1600 University Avenue, Suite 314 St. Paul, Minnesota S5I04 (6SI) 646-6114 Fax (6SI) 646-8086 E-Mail: brkw@brkw.com Bettendorf Rohrer Knoche Wall, Inc. (DRKW Appraisals) is a full service professional real estate appraisal company formed in 1991. The four principals have more than 95 years of combined experience in the valuation of property. .Mthough our primary focus is on real estate valuation, we also offer appraisal expertise in machinery and equipment. Located in the Midway area of St. Paul, we concentrate on the appraisal of real estate in the Twin Cities Metropolitan Area, as well as outlying communities throughout Minnesota and the Upper Midwest. We operate on a nationwide basis in the valuation of machinery and equipment. Our extensive professional training and experience enable us to provide the expertise necessary for consistently reliable valuation of property. Our appraisal reports are confidential documents completed in accordance with all current standards of professional appraisal practice and ethics. Our appraisers stay current witli advances in appraisal techniques and the changing real estate market through continuing education programs. We at Bettendorf Rohrer Knoche Wall. Inc. strive to build and maintain long lasting relationships with our clients. Our goal is to provide high quality, professional appraisal services in a timely manner consistent with the needs of our clients. Appraisal A Consalting Services Real Estate Appraisals Machinery & Equipment Appraisals Mortgage Financing Appraisals Condemnation/Litigation Appraisals Review Appraisals Real Estate Tax Abatements Special Assessment Analysis Expert Witness Testimony REO Portfolio Valuation Feasibility Studies Market Surveys Properly Types • Real Estate Appraisals • Commercial * Industrial * Residential ♦ Multiple Family * Agri-Business • Vacant Land • Subdivision Analysis * Special Purpose • Schools and Churches • Funeral Homes • Recreation Facilities • Railroad Corridors • Food Processing Plants Machinery & Eqnipmcnt Appraisals • Tool/Die Equipment • Plastic Injection Molding • Restaurants/Grocery Stores • Construction/Rolling Stock • Office Furniture/Computers • Printing/Packaging • Agri-Business Equipment • Food Processing Equipment • Woodworking Equipment • Service Station Equipment BETTENDORF ROHRER KNOCHE WALL, INC.PACE 4 APPRAISAL STAFF Michael J. Bettendorf, MAI Active as an appraiser since 1971, Michael has the MAI designation of the Appraisal Institute and specializes in commercial, industrial, multiple family, residential, and special purpose properly appraisals with extensive litigation experience Court appointed Commissioner in Ramsey County, past President of Minnesota Chapter A.l.R.E.A (1987), instructor of appraisal courses and seminars. Michael is a graduate of St John's University. Licensed as a Certified General Real Proper!) Appraiser. Roger M. Robrer, Appraiser Roger h> • 'oeen an appraiser since 1972. and has expertise in most types of property including business office, general commercial, industrial, multiple family and special purpose Extensive experience as an expert witness as well as in benefit analysis of public improvements, court appointed condemnation commissioner in Dakota County. A graduate of the University of Minnesota, Roger is licensed by the State of Minnesota as a Certified General Real Property Appraiser. Marc E. Kaoche, MAI Marc has been an appraiser since 1982. and has the MAI designation of the Appraisal Institute. He specializes in commercial, industrial, multiple family, residential, and special purpose property appraisals Marc has extensive litigation/expert witness experience and has served as a court appointed commissioner. He is a Past President of the Metro/Minnesota Chapter of the Appraisal Institute (1992 A 1993). A graduate of Macalesler College. Marc is licensed as a Certified General Real Property Appraiser Steven J. Wall, MAI, ASA Active as an appraiser since 1980, Steve has the MAI designation of the Appraisal Institute and the ASA designation of the American Society of Appraisers, machinery and equipment. Real estate expertise includes general commercial, industrial, multi- family properties, specializing in agri-business. Machinery and equipment appraisal includes manufacturing and food processing, construction, printing/packaging, furniture/ computers, and agri-business Steve is a graduate of the University of Montana. Licensed as a Certified General Real Property Appraiser. Paul J. Gleason, Appraiser Paul has been appraising real estate since 1992 Primary focus is on commercial/industrial properties, though a significant part of his time also involves the valuation of single family houses, condos, townhouses, and small residential income properties as well Paul is a graduate of the University of Wisconsin at La Crosse. Licensed as a Certified General Real Property Appraiser Scan P. Butts, Appraiser Active as an '•****-^iser since 1992. Sean specializes in commercial, industrial, mtiliiple famiU residential and recreational property (ie golf courses) Sean is a graduate of St Cloud State University with a Business degree with emphasis on Real Estate Appraising Licensed as a Certified General Real Pioperiy Appraiser. William E. Petersen, Appraiser Bill has been an active appraiser since 1986 specializing in the valuation of commercial, industrial, multi- family. office and special purpose properties with experience as an expert witness. Bill is a graduate of the University of Minnoota and practiced dentistry from 1970-1986 betore becoming licensed as a Certified General Real Properly Appraiser Mark W. Brown. Appraiser Active as an appraiser since 1993. Mark has appraised a variety of commercial, industrial, and special purpose properties, particularly in the gasoline and automoiive service industries. Mark is a graduate of Indiana University Licensed as a Certified General Real Property Appraiser. John M. Kubei, .appraiser John started in the appraisal field in 1998 and has been involved in the valuation of a variety of comrr^crcnl. industrial, multiple family and office properties. John is a graduate of the University of North Dakota, and is licensed as a Registered Real Fioperty Appraiser. BETTENDORF ROHRER KNOCHE WALL, INC.PAGE 5 M k SEP 0 8 2003 c I I or OHONO REQUEST FOR COUNCIL ACTION DATE: September 4,2003 ITEM NO: 2X- Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Letters to Congressional Delegation Regarding Funding for WAFTA WAFTA is the acronym for a fire training facility in western Hennepin County that is jointly owned by several lake-area cities with fire departments, some of which serve the City of Orono. The site is a former NIKE missile site that was purchased for use as a fire training facilhy. The facility is no longer used. The facility has contaminated soils that need to be cleaned up. There is an on-going process of determining who is responsible for the cost of the clean-up. There are three major entities involved: the Federal Government, who owned the site as a missile site; a utility company, who used the site for training; and the cities, who used the site for training. Representative Kline has authored a bill to obtain Federal funding related to the clean-up. Attached are letters indieating the support of the city for the efforts of our legislative delegation regarding the legislation. COUNCIL ACTION REQUESTED: Motion to authorize the Mayor to sign letters regarding the efforts of our congressional delegation regarding funding for die WAFTA site clean-up. tiiainr r 11 ;«• 5 o o - t\ * y *' ^i CITYor NO Municipal Offices ■%6bwK|!#^ Urttt <«rin. 2750 Neilty Parkway Ofww. MN SS3S6 MHiig Mirtis: P.O. Box 66 Crystal Bay, Mil 55323^ Sq>tember 5,2003 Representative John Kline 1429 Longworth House Office Building Washington, D.C. 2051S Dear Representative Kline: I wanted to take this opportunity to thank you for making the environmental study of the former Nike missile site MSP-70 in Carver County a priority in your appropriations in the 2003-04 Department of Defense budget bill. As you are aware, this site was used by the Western Area Fire Training Association (WAFTA) communities, but has since been suspected of having environmental contamination. The study of this site will help determine what level of contamination exists and may also help determine levels of liability among those who have used the site. Thank you for seeing that this appropriation was included in the original bill, and I hope that with your support this funding will remain in the final appropriation as the bill makes it way through the conference committee. Sincerely, Barbara A. Peterson Mayor, City of Orono TWlfhmOSDlW IW • Hui(9S2>14M(li L GlTYoTORONO Municipal Offices StraatMimt: 2750 Kelley Pefimiy Orono. MN 55356 MaWuf Mirats: P.O. Box $6 Crystal Bay. MN 55323m Honorable Senator Mark Dayton SR-346, Russell Senate Office Building Washington, District of Columbia 20510 Dear Senator Dayton: Included in the 2003-04 Department of Defense budget bill (H.R. 2658) is an appropriation of S250.000 for a proposed environmental study of the former Nike missile site in Carver County. After this missile site was no longer needed by the federal government for defense purposes, it was used by many other entities, but most recently was used by the Western Area Fire Training Association (WAFTA) for training purposes. After a preliminary investigation, it has been determined that this site may be environmentally contaminated. Liability to clean up this site could fall upon the member communities of WAFTA, which include the cities of Chanhassen, Chaska, Eden Prairie, Excelsior, Long Lake, Maple Plain, Mayer, Mound, St. Bonifacius, Victoria, and Watertown. The purpose of this tetter is to ask lor your support in making sure that this appropriation remains in the Department of Defense budget bill as it is debated in conference conunittee. The cnvirorjr.cntal study of this site is very important in detenr.ining what level of contaminaiiun occurred on the site, and without this assistance, the financial burden on the WAFTA member cities will be very onerous. Thank you for your assistance in this project and for your continued support for the cities of Minnesota. Sincerely, Barbara A. Peterson Mayor, City of Orono Tekphoae (952) 2 69 Um • Fax (952) 249-MlC // /, o u (1 4 ^ /•ClTYof ir.d xo /;Municipal Offices strati Mirttt: 2750 Kelley Parttwey Oram. MN 55356 MalNtg lidrau: P 0 Box 66 Crystal Bay. MN 55323^ September 5.2003 Honorable Senator Norm Coleman 320 Hart Senate Oflice Building Washington. D.C. 20510 Dear Senator Coleman: Included in the 2003-04 Department of Defense budget bill (H.R. 2658) is an appropriation of $250,000 for a proposed environmental study of the former NiVe missile site in Carver County. After this missile site was no longer needed by the federal government for defense purposes, it was used by many other entities, but most recently was used by the Western Area Fire Training Association (W^TA) for training purposes. After a preliminary investigation, it has been determined that this site may be environmentally contaminated. Liability to clean up this site could fall upon the member communities of WAFTA, which include the cities of Chanhassen, Chaska, Eden Prairie, Excelsior, Long Lake, Maple Plain, Mayer, Mound, St. Bonifacius, Victoria, and Watertown. The purpose of this letter is to ask for your support in making sure that this appropriation remains in the Department of Defense budget bill as it is debated in conference committee. The environmental study of this site is very important in determining what level of contamination occurred on the site, and without this assistance, the financial burden on the WAFTA member cities will be very onerous. Thank you for your assistance in this project and for your continued support for the cities of Minnesota. Sincerely, Barbara A. Peterson Mayor, City of Orono lUeplMMie (f52) 24M«ll • Fai (fS2>24Mlli www.cLior. 1 ‘i 'i i -------------------- SEP 0 8 2005 oil» ur OHONO REQUEST FOR COUNCIL ACTION DATE: September 4,2003 ITEM NO: 2.3 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Cit>' Administrator's Report Item Description: Citizen Complaint Regarding Drainage and the City's Right-of-Way Lane on Ivy Place Pamela Wilson, of 3508 Ivy Place has requested an opportunity to address the Council regarding her concerns related to the maintenance of a swale in a City right-of-way lane adjacent to her property. Several weeks ago, Ms. Wilson contacted the City regarding stormwater run-off damaging her landscqiing and threatening her home. The Wilson home is located at the lowest point on Ivy Place, lower than the City right-of-way lane. The stormwater was coming off of Ivy Place and through a culvert to the City right-of-way lane, and into a swale, which was to carry the water past Ms. Wilson ’s driveway and home. Please see the attached maps showing the right-of-way lane and the Wilson property, as well as the relationship between the Wilson ’s driveway and the right-of-way lane. Over the years, the swale had been filled in by silt, as well as by the disposal of debris into the lane by the adjacent neighbors. The lane had also been overgrown with buckthorn and other vegetation. The City’s Public Works crew cleared and regraded the swale to provide proper drainage. The crew also sodded the swale, as called for in our best management practices for water quality. Staff also returned to clear a large amount of clay that had eroded from the property across the street, and resodded the bottom of the swale. Staff also removed a large buckthorn shrub as requested by Ms. Wilson. The swale now provides proper drainage past the Wilson house. COUNCIL ACTION REQUESTED: No action required. i •• )i"ioo' 38 --------- REQUEST FOR COUNCIL ACTION SEP 0 a 2003 oil f Or OHOIVO DATE: September 4,2003 ITEM NO: Department Approval: Nine Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Request for Continuing Full Funding of Additional Water Patrol Deputies on Lake Minnetonka-Resolution After two years of the Lake Area Cities and the LMCD ftuiding two additional Hennepin County Water Patrol Deputies on Lake Minnetonka during the boating season, Hennepin County fully ftmded the additional deputies in 2003. The additional deputies have had a positive effect on the safety and enjoyment of the boating experience on Lake Minnetonka. For 2004, the Hennepin County Sheriff has indicated he intends to reallocate the ftmding for the additional deputies to other priorities. The attached resolution requests Hennepin County and the Sheriff to continue to fully fund the additional Water Patrol Deputies on Lake Minnetonka. COUNCIL ACTION REQUESTED: Motion to approve the adoption of the attached resolution requesting continuing full funding for additional Water Patrol Deputies on Lake Miimetonka. I ii*iffriii n Stiii fWi I A RESOLUTION REQUESTING CONTINUING FULL FUNDING FOR ADDITIONAL WATER PATROL DEPUTIES WHEREAS, Lake Minnetonka is the largest lake in the Twin Cities Metropolitan Area, and is a natural and iccreational resource used by residents throughout the region and beyond; and WHEREAS, Lake Minnetonka is one of the most intensively used lakes by boaters, and thus results in the need to provide a high level of law enforcement activity; and WHEREAS, through the Lake Minnetonka Conservation District (LMCD), the fourteen citico around Lake Minnetonka and Hennepin County have participated financially in a pilot program to evaluate whether additional patrol - the equivalent of two full-time deputy positions during the boating season - would result in better compliance with laws and a better experience for persons using the lake; and WHEREAS, many cities informed the LMCD that their financial participation would be limited to the pilot program for 2001 and 2002, as they were willing to pay to determine whether additional patrol would have positive effects; and WHEREAS, Hennepin County fully funded the additional Water Patrol costs in 2003; and WHEREAS, data from such sources as boat user satisfaction surveys indicate that the additional law enforcement activity has had positive effects; and WHEREAS, the death that occurred on July 4,2003, on the north side of Big Island, as well as a substantial spike in the number of BUl's and other illegal activities on the lake, demonstrate that the additional level of law enforcement activit) should not be reduced; and WHEREAS, the Water Patrol of the Hennepin County Sheriffs Office has ultimate responsibility for law enforcement on Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED THAT the Orono City Council does hereby request Hennepin County to fund fully and permanently the additional level of law enforcement that Page 1 of2 I # I has been proven effective on Lake Minnetonka; and that continues to be needed to address the increasing number of people on the lake who are boating under the influence and engaging in other activities that affect the safety and enjoyment of the boating experience on the lake. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this S"* day of September, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of2 i REQUEST FOR COUNCIL ACTION _______ SEP 0 fl 2003 uinrur ohono DATE: September 4,2003 ITEM NO: 2^ Department Approval: Neinc Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Retirement of Jack Brinlchaus fiom his position as Public Works Superintendent Jack Brinkhaus is retiring from his position as Public Works Superintendent after 24 years with the City. His retirement will be effective September 30,2003. A copy of his letter of resignation is attached. Jack's dedication, friendliness, and ready smile will be truly missed. The process of selecting a replacement is well underway, with interviews to be scheduled in the next week. COUNCIL ACTION REQUESTED: Motion to accept the resignation for retirement of Jack Brinkhaus effective September 30,2003. .... ^ . I [ ! SqMefnber4,2003 Mr. Ron Moorse City Administrator City ofOrono Orono, MN I Dear Ron; Please accept this letter as notice of my intent to retire from the CHy of Orono at the end of September. My last day at Orono will be September 30,2003. It has been a pleasure working with everyone at the City of Orono and I would like to thank you and everyone at Orono for all the courtesies and considerations I have received over the past 24 years. While I look forwud to retirement, 1 will truly miss wwking with the great people at the City of Orono. Thank you. John F. Brinkhaus “Jack” cc: GregGappa A •• SEP 0 8 2003 REQUEST FOR COUNCIL ACTION Glir ur UHONO DATE: Sq>tember S, 2003 ITEM NO: 2(p Dcpartmrat Approval: Name Lin Vee Admiaktrator Reviewed: Title City Clerk I Item Description: List of Licenses for ^uncil Approval i Agenda Section: Licenses SPECIAL EVENT PERMIT Applicant: Event: Location: Date: Time: Tony Lund, Stonewood Design Build Fall 2003 Parade of Homes 4535 North Shore Drive September 6-October 5,2003 Noon - 6:00 p.m., Thursdays through Sundays COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. [ CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: September 9, 2003 September 6 - October 5,2003 Noon • 6:00 p.m. Thursdays through Sundays Name of Person(s) And/or Organization Sponsoring this Event: Tony Lund Stonewood Design Build 4420 Shoreline Drive o. Phone: Spring Park. MN 55384 6I2-75I-2006 Location of Event: Type of Event: 4535 North Shore Drive 2003 Fall Parade of Homes The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Department • Approval from Orono Building and Zoning Deportment • Parking plan The following conditions have been placed on this event: • This special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identifrcation of hazards to safety of the public. • Noti freation of this special event is to be provided to the residents from Park Drive on County Road 19 to north of Tonkaview Lane on County Road 1 9 and Tonkaview Lane, including the time of operation, dates, and name and phone number of a responsible party (live person, not ’•oice mail) who can resolve any issues which arise at the time of the special ev ent. • Both sides of North Shore Drive/County Road 19 must be posted “No Parking.” Any cars parked on North Shore Drive/County Road 19 are subject to being tagged and towed. • Event paiking to take place on adjacent lot with space for 15 -20 cars. • Approval from Hennepin County Department of Transportation for use of the lot for parking and location of the entrance/exit. • Approval from the City of Orono for grading^erosion control and placement of gravel. Gravel to be removed at the end of the event. • A full-time traffic control person to be on site during event hours. • if it is determined that the parking plan for the adjacent lot is not workable, an alternate plan to use a shuttle service is required. • All signs to be removed at the end of the event. • General cleanup of the entire area to take place each day of the event. Approved at City Council meeting on: September 8.2003 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parimay, P.O. Box 66. Crystal Bay. MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.oroDO.mn.us %CITY OF ORONO *Check Detail Register® 09/05/03 11:18 AM Pagel SEPTEMBER 2003 Check Amt Invoice Comment SEP 0 8 2003 Oil T ur UHONU 10100 Primary Cash Paid Chk# 076661 9/8/2003 ANCHOR PAPER E 101-41900-201Office supplies Total ANCHOR PAPER $520.89 147197801 $520.89 Copy Paper Paid cKk* 076662 9/8/2003 ANDERSON, KRISTI E 101-41300-311 Other Professional Services $165 00 9/2/03 CC Minutes - 8/25 E 101-45200-319Other Professional Services $200 00 9/2A)3 Park Mm - 9/2A)3 E 101-42400-319Other Professional Sen/ices $260 00 9/2A)3 PC Minutes - 8/18 ToUl ANDERSON. KRISTI $62500 PaidChk# 076663 9/8/2003 R 101-34420 Cond Use-Vanance-Dev Fees ToUl APPLEBAUM. JEFFREY $225 00 03-2945 Refund - Application 03-2945 $225.00 Paid Chk» 076664 9/8/2003 ARAMARK REFRESHMENT SERVICES E 101-41900-221 E 101-41900-221 E 101-41900-201 E 101-42110-201 E 101-41900-201 E 101-41900-221 Equipment Parts & Accessories Equipment Parts & Accessories Office supplies Office supplies Office supplies Equipment Parts & Accessories $104 26 6013-3315272 Water Filter $52 13 6013-334688 Water Fitter $114 00 6013-337797 $172 56 6013-337798 $5700 6013-337799 $52.13 6013-340351 Coffee - CH Coffee - Police Coffee - PW exchange coffe maker Total ARAMARK REFRESHMENT SERVICES $55208 Paid Chk# 076665 9/8/2003 ASPEN EQUIPMENT E 101-43000-221 Equipment Parts & Accessories Total ASPEN EQUIPMENT $44 77 844741 $44 77 Mat Paid Chk# 076666 9/8/2003 AT B T E 101-41900-381 Gas & Electric E 601 -49400-381 Gas & Electric E 602-49450-381 Gas & Electric Total ATBT $19 58 081503 $14 29 081503 $14JJB 081503 $4B15 WIRELESS WIRELESS WIRELESS Paid Chk# 076667 9/8/2003 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txbl Total AUGIES MOBILE CHEF $5^92 21172 $52.92 Hot Dog. Hamburgers Paid Chk# 076668 9/8/2003 BKV GROUP E 425-48945-304 Engineering-Consulting E 425-48945-304 Engineering-Consulting E 425-48945-304 Engineenng-Consulting ToUl BKV GROUP $11.547 89 20719 $168.74 20801 $2.432 0^ 20842 $14J4867 Navarre Fire Station Navarre Fire Station-Add Due Nav Fire Station 'l>aici dihk# 076669 9/8/2003 BOLTERMAN, MATT E 101-42400-437 Tram.. development Total BOLTERMAN. MATT $115 59 082503 $115 59 MILEAGE8PARKING Paid Chk* 076670 9/8/2003 CARLSON TRACTOR S EQUIP CO. £ 101.43000-221 Equipment Patta & Acceasorws $56 08 2010789 E 101-43000-221 Equipment Parts & Accesaories $31 35 2010790 ToUl CARLSON TRACTOR ft EQUIP CO. $87 43 Spindle Gasket Paid Chk* 076671 9/8/2003 CARPNETER'S CONTRACTING INC E 101-41900-404 Repairs/Maint-BMgs/Orounds $4 92 00 2439 ToUl CARPNETER'S CONTRACTING INC $49200 PainOng-Septic/CC > * •i' CITY OF ORONO *Check Detail Register® 09/05/03 11:18AM Page 2 SEPTEMBER 2003 Chech Amt Invoice Comment Paid Chk« 076672 W200i CENTER POINT ENERGY E 613-49830-381 Gat & Electric Total CENTER POINT ENERGY-GC $15.98 08203 $15.98 ' C5AS UTILITY Paid ChM 076673 9/8/2003 CENTERPOINT ENERGY E 101-42110-381 Gas & Electric $40.14 082503 gas utilities E 601-49400-381 Gas & Electric $251 68 082503 gas utilities E 101-41900-381 Gat & Electric $41.37 082503 gas utilities E10M1900-381 Gas & Electric $49 04 082503 gas utilities E 602-40450-381 Gas & Electric $2073 082503 gas utilities E 602-49450-381 Gas & Electric $11 84 082503 gas utilities E 601-49400-381 Gat & Electric $691 082503 gas utilities Total CENTERPOINT ENERGY $421.71 Paid Chk# 076674 9/6/2003 CHAMPION AUTO STORES E 101-42110-221 Equipment Parts & Accessories $63.34 D217105 PARTS Total CHAMPION AUTO STORES $63 34 Paid Chki 076675 9/8/2003 CONSTRUCTIVE IDEAS E 425-48945-304 Enginesring-Consuttir>g $3.240 00 4288 Nav Fire - Const Phase 8/03 Tout CONSTRUCTIVE IDEAS $3.240 00 Paid Chk# 076676 9/8/7303 DCA - WIRE ONLY G 101-21719 DC/«/Spending Accounts $338 76 9^/03 Spending Accts • 9/3/03 Total DCA-WIRE ONLY $33876 Paid Chk* 076677 9/«/?003 DELL E 101-42110-201 Office supplies $38 90 442507902 3INTELLIMOUSE E 101-41900-201 Office supplies _ $19 45 442507902 3 INTELLIMOUSE ToUl DEU $5835 Paid Chk# 076678 9/8/2003 DEMBOUSKI, JAY E 101-42110-331 Travel Expenses $8 50 8/20A)3 Parking Reim Total DEMBOUSKI. JAY "$8 50' Paid Chk# 076679 9/8/2003 DEPT OF ADM • INTERTECH GROUP E 101-42110-311 Data Processing Communication $37.00 DV03070306 PVC Circuit 7/2003 ToUl DEPT OF ADM • INTERTECH GROUP $37.00 Paid Chk# 076680 9/8/2003 DEW CORPORATION G 425 20600 Contracts Payable ($1.280 00) RFP#1 RFP1 - Navarre Fire Station E 425-48945-520 Buiidings and Structures $25,592 28 RFP#1 RFP1 - Navarre Fire Station G 425-20600 Contracts Payable ($10,442 00) RFP#2 RFP#2 Nav Fire Station E 425-48945-520 Buildings and Structures $208.841 00 RFP#2 RFP#2 Nav Fire Station Total DEW CORPORATION $222,711 28 Paid Chk# 076681 9/8/2003 DISCOUNT STEEL INC. E 602-49450-227 Utility System Maint Supplies $92 66 01172214 SWR LIFT STATION ToUl DISCOUNT STEEL INC.$9266 Paid Chk# 076682 9/8/2003 EAST SIDE BEVERAGE E 613-49900-091 Beer For Resale $122 40 445136 Beer for Resale Total EAST SIDE BEVERAGE ' $122 40 Paid Chk# 076683 9/8/2003 EHLERS AND ASSOCIATES INC. E 415-48930-319 Other Professional Services $562 50 21164 TIF Reports CITY OF ORONO *Check Detail Register® 09/05/03 11:18 AM Page 3 SEPTEMBER 2003 Check Amt Invoice Comment Total EHLERS AND ASSOCIATES INC.$562.50 Paid Chk« 076684 9/8/2003 FARNIOK. CORREY E 10M21 10-331 Travel Expenses Total FARNIOK, CORREY $12.00 8/21/03 Parking Reim $12.00 Paid Chk# 076685 9/8/2003 FORTIS BENEFITS G 101-21712 Other Deductions Total FORTIS BENEFITS $894 07 081503 LT DISABILITY 9/03 $894.07 Paid Chk# 076686 9/8/2003 OAK SERVICES E 601-49400-226Clothing & personal equipment $1256 006-658611 Uniforms E 101-43000-226Clothing & personal equipment $75 36 006-658611 Uniforms E 602-49450-226Clothing & personal equipment $37 68 006-658611 Uniforms E 613-49830-226 Clothing & personal equipment $576 006-658611 Uniforms E 101-41900-404Repairs/Maint-Bldgs/Grounds $94.26 006-658611 Mat Service • PW E 101-43000-226Clothing & personal equipment $72.84 006-665287 Uniforms E 601-49400-226Clothing & personal equipment $12 14 006-665287 Uniforms E 613-49830-226 Clothing & personal equipment $576 006-665287 Uniforms E 101-43000-221Equipment Parts & Accessories $5224 006-665287 Shop Towels E 602-49450-226Clothing & personal equipment $3642 006-665287 Uniforms E 602-49450-226Clothing & personal equipment $34.86 006-671948 Uniforms E 101-43000-226Clothing & personal equipment $69 70 006-671948 Uniforms E 613-49830-226 Clothing 6 personal equipment $5 76 006-671948 Uniforms E 601-49400-226Clothing & personal equipment $11 62 006-671948 Uniforms E 602-49450-226Clothing & personal equipment $36 51 0C6-678561 Uniforms E 613-49830-226 Clothing & pei^onai equipment $576 006-678561 Uniforms E 101-43000-221Equipment Parts & Accessories $5560 006-678561 Shop Towels E 101-43000-226Clothing & personal equipment $7305 006-678561 Uniforms E 601-49400-226Clothing & personal equipment $12 17 006-678561 Uniforms Total GSKSERVICES '$7(005 Paid Chk# 076687 9/8/2003 GS DIRECT E 10M1900-201 Office supplies Tout GS DIRECT $3081 171785 Pape/ - Plotter $30.81 Paid Chk# 076688 9/8/2003 HAWKINS CHEMICAL E 601-49400-216 Chemicals and Chem Products $2.089 43 551975 ToUl HAWKINS CHEMICAL $2,089.43 Chlorine/Flourine Paid Chk# 076689 9/8/2003 HENNEPIN CO-OP SEED EXCHANGE E 101-43000-224 Street Maint. Materials/Supply $76 68 54052 WEED & STUMP KILLER Tout HENNEPIN CO-OP SEED EXCHANGE $7668 Paid Chk# 076690 9/8/2003 HENNEPIN COUNTY TREAS - TRANS E 602-49450-441 Licenses & Taxes ^19^9 ToUl HENNEPIN COUNTY TREAS • TRANS $50 00 ~ Permit - N Br Rd Swr Ext Paid Chk# 076691 9/8/2003 E 101-41600-309 Jail Charges Tout HENNEPIN COUNTY TREASURER-JAIL HENNEPIN COUNTY TREASURER-JAIL $J04 go 105 *$104 66' Rm & Board 7/2003 Paid Chk# 076692 9/8/2003 HIN2E BUSINESS MACHINES E 101-42110-401 Repairs/Maint-Office Equip 822032 Total HINZE BUSINESS MACHINES $233.04 PaidChki 076693 9/8/2003 HUOSONMAPCO REPAIR LAZER PRINTERff>D CITY OF ORONO *Check Detail Register® 09/05A)3 11 18 AM Page 4 SEPTEMBER 2003 Check Amt Invoice Comment E 101-42110-221 Equipment Parts & Accessories E 101-42110-201 Office supplies Total HUDSON MAP CO $47.77 $47 77 $95 54 2769 2769 2004 Street Atlas 2/2004 ST ATLAS Paid Chk# 076694 9/8/2003 KENNETH N. POTTS, PA E 231-45650-307 Legal-Consulting E 101-41600-306 Legal-Prosecution Total KENNETH N. POTTS. PA $304 50 $2,391 66 082603 090203 Cargill forfeiture prosecution service ( $2.696 16 Paid Chk# 076695 9/8/2003 LAND TITLE, INC O 101-19999 Suspense Account Total LAND TITLE, INC $5^7 $560 47 File 227165 Refund-Overpaym PO6550 Paid Chit# 076696 9/a^OO^ LAUER HOMES R 101-34420 Cond Use-Vartance-Oev Fees Total LAUER HOMES $225 00 03-2925 Refund - Application 03-2925 $22500 Paid Chk# 076697 9/6/2003 MACQUEEN EQUIPMENT E 101-43000-222 Vehicle Equipment 8 Parts $821 2035697 Flat Mead Sodcet Total MACQUEEN EQUIPMENT $8.21 Paid Chk# 076696 9/8/2003 MAMA E 101-41300-437 Training & Development Total MAMA $18 00 674 LUNCHION MEETING $1800 Paid Chk# 076699 9/8/2003 MET COUNCIL ENVIRONMENTAL SER R 101-39610 Miscellaneous Revenue ($102.00) G 101-20809 SAC Charges due to MWCC $10,200 00 Tout MET COUNCIL ENVIRONMENTAL SER 7/2003 7/2003 Adm Fee - SAC 7/03 SAC July 2003 $10,098 00 Paid Chk# 076700 9/8/2003 MIDWEST ASPHALT E 101-43(X)0-224 Street Maint. Matenals/Supply Total MIDWEST ASPHALT $142 73 71412MB MIX FOR HAND PATCH $142.73 Pz i 076*^0^ ?'9'2003 ^OCA COLA BOTTLING CC E 613-49900-092 Soft Drinks For Resale $144.60 62484107 ToUl MIDWEST COCA COLA BOTTLING CO Soda for Resale $144 60 PaidChk* 076702 9/S/2003 MIDWEST FUELS E 101-43000-212 Motor Fuels & Lubricants $669 00 16476 600 GALS DIESEL G 101-14101 Gasoline Inventory $2.029 38 16476 1329 GALS GAS G 101-14101 Gasoline Inventory $2.12681 16688 GASOLINE ToUl MIDWEST FUELS $4,825.19 E 101-42110-437 Training & Development Tout MN STATE BAR ASSOCIATION $215.00 112103 CRIMINAL JUSTICE INST/KE $21500 Paid Chk# 076704 9/8/2003 MOBILE RADIO ENGINEERING INC. E 101-43000-403 Repairs/Maint-Misc Equip $138.46 113976 REPAIR 3 RADIOS Total MOBILE RADIO ENGINEERING INC.$138 46 Paid Chk# 076705 9/8/2003 N.F.PJL E 101-42700-433 Memberships & Subscriptions Total N#i»JL $540.00 106887 NFPA Journal Subscription $540.00 P«idChW 0767M 9«/2003 NCPERS GROUP LIFE INS I CITY OF ORONO *Check Detail Register® 09/0SA)3 11 18AM Pages SEPTEMBER 2003 Check Amt Invoice Comment G 101-21710 Life Insurance Total NCPER8 GROUP LIFE INS $272^ 062003 $272 00 PERA/LIFE INS Paid Chk# 076707 9/8/2003 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone $835.85 506573311 POLICE CELL PHONES ToUl NEXTEL COMMUNICATIONS $635 85 Paid Chk# 076708 9/8/2003 OLD DUTCH FOODS INC. E 613-49900-093 Concessiont For Resale-Txbi Total OLD DUTCH FOODS INC. $15.1^6001290 $r5~i2 Chips for Resale Paid Chk# 076709 9/8/2003 OTTEN BROTHERS E 613-49830-223 Bldg/Grounds Maint Supplies E 613-49830-223 Bkfg/Grounds Maint Supplies E 651-49910-227 UtiUty System Maint Supplies ToUl OTTEN BROTHERS $29.61 8/1/03 $29.61 8/26/03 $2945 8/29A)3 $88.67 Plants Plants Sod - Joy Place Paid Chk# 076710 9/8/2003 PIONEER E 101-42400-340 General Advertising $25 87 729 AppHcation 03-2937 E10M2400-340 General Advertising $123.38 730 Applications E 41M8930-352 PrinUng & Publishing $55.72 734 Annual TIF Disc-12/31/01 E 41M8930-352 Printing & Publishing $55 72 735 Annual TIF Oisc-12/31/02 Tout PIONEER $260 69 Paid Chk# 076711 9/8/2003 POWERCLEAN COMPANY INC. E 703-49960-378 Other Insurance Related Exp $74^5^ 10037 City Hall Water Damage ToUl POWERCLEAN COMPANY INC.$745 50 Paid Chk# 076712 9/CU2003 PRECISION TURF E 613-49830-223 Bldg/Grounds Maint. Supplies $653J6 2650 FUNGICIDE & FERTILIZER Tout PRECISION TURF $65316 Paid Chk# 076713 9/8/2003 QUEEN OF PEACE HOSPITAL E 101-42110-437 Training & Development $45 00 4007A CHILD SEAT CLASS Tout QUEEN OF PEACE HOSPITAL $4500 Paid Chk# 076714 9/8/2003 QWEST E 613-49830-321 Telephone $59 50 081903 PHONE SERVICE ToUl QWEST $5950 Paid Chk# 076715 9/8/2003 SCHWABB INC. E 101-41900-201 Office supplies $125J6 N80603 STAMP SUPPLY ToUl SCHWABB INC.”$125 96 Paid Chk# 076716 9/8/2003 SNYDER DRUG STORES E 101-42110-221 Equipment Parts & Accessories $6 38 080703 BATTERIES E 101-42110-201 Office supplies $26 48 081803 SUPPLIES. Tout SNYDER DRUG STORES $3286 Paid Chk# 076717 9/8/2003 STS CONSULTANTS LTD. E 425-48945-304 Engineering-Consulting $1.022 45 246897 Nav Fire Station - Testing E 425-48945-304 Engineering-Consulting $990 35 246898 Nav Fire Station - Testing ToUl STS CONSULTANTS LTD. $2.0l'2.80 Ik# 076718 9/8/2003 TEMACALAWNSP E 613-49830-404 Repairs/Maint-BldgsA3rounds $1.41324 1562 REPAIR SPRINKLER SYSTEM i: ': - i CITY OF ORONO Check Detail Register® 09/05/03 11:18 AM Page 6 SEPTEMBER 2003 ^^Check Amt Total TEMACA LAWN SPRINKLERS, INC $1.413 24 Invoice Comment PaidChki 076719 9^003 THE HOME DEPOT E 101-41900-223 DIdg/Grounds Maint Supgties Tout THE HOME DEPOT $92 02 014418 CEiUNG TILES $92.02 PaldChk# 076720 9/8^003 THORPEDISTCO. E 613-49900-091 Beer For Resale Total THORPE DIST CO. $40 80 308643 Beer for Resale $40 80 Paid Chki 076721 9/8/2003 US BANK • CM9S33 E 425-47000-620 Fiscal Agents Fees Tout USBANK-CM9533 $1.166 00 208148 2003 HRA Bond Agnet Fee $1.166 00 RaidChldr076722 9^/2003 VERIZON WIRELESS E 601-49400-321 Telephone E 602-49450-321 Telephone E 101-41900-321 Telephone Total VERIZON WIRELESS $1489 $1488 $366.13 081803 081803 082003 CELL PHONES CELL PHONES CELL PHONES $395 90 Pakl Chki 076723 9/8/2003 VOQT HEATING BAIR E 101-41900-404 Repairs/Maint-Bldgs/Grounds Total VOGT HEATING S AIR $193.00 11445 Repair AC - CH $193 00 PaidChk# 076724 9/8/2003 WESLEY BENOtCKSON E 101-41900-404 Repairs/Maint-Bldgs/Grounds Total WESLEY BENDICKSON $75000 1003 Transplant Trees $750 00 Paid Chk# 076725 9/8/2003 WESTONKA GLASS SERVICE E 613-49830-401 Repairs/Maint-Office Equip $15 90 E 613-49830-201 Office supplies Total WESTONKA GLASS SERVICE $2.00 652403 652476 WOOD FRAME MISC $17.90 takJChW 0>6726 9/e«003 WESTSIDE WHOLESALE TIRE E 101-43000-403 Repairs/Maint-Misc. Equip Total WESTSIDE WHOLESALE TIRE $30.86 516405 Tire Repair $30 06 PakTChWI 076727 9W2003 WHITTINGTON, JUUE R 101-34420 Cond Use-Variance-Dev Fees Total WHITTINGTON, JUUE $225.00 03-2914 Refund - Application Fee $225.00 PaidChk# 076728 9/8/2003 WRIGHT HENNEPIN ELECTRIC E 101-43000-381 Gas & Electric E 602-49450-381 Gas & Electric ToUl WRIGHT HENNEPIN ELECTRIC $29 85 081903 $23.85 081903 ELECTRIC SERVICE ELECTRIC SERVICE $5370 10100 Primary Cash $277,817.95 CITY OF ORONO *Check Detail Register® 09/0SA)3 11:18 AM Page 7 8CPTEMSER2003 Invoice Comment Fund Summary 101 GENERAL FUND 231 DRUQ/FELONY FORFEITURE FUND aiR SENIOR TIC rONRT Cl WMO 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORMWATER UTILITY OP FUND 703 INSURANCE FUND 10100 Primary Cash $27,368.53 $304.50 04 $243,278.75 $2.42569 $37371 $2,617.88 $29 45 $745 50 $277,817.95 L