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HomeMy WebLinkAbout11-10-2003 Council PacketTO;Mayor and City Council Chair McDermott and Orono Park Commission FROM: DATE: Ron Moorse, City Administrator CO! twru. meeting NOV 1 0 2005 November 7,2003 CITY Or OrtOivO SUBJECT: Reception for Friends of the Park Award Recipient Monday, November 10,2003,6:45 p.m. Orono Council Chambers An informal coffee and cookies reception will be held prior to the Council meeting on Monday to recognize Barbara Wulf for her efforts at the Seven Nations Park and as the recipient of the Friends of the Park award. L y COl 1NHL MEETING NOV 1 0 2003 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOMEMDKBMa003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items arc eonsidered 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 • loc.''*ed on the counter near the sign in sheet. 6:45 P.M. Friends of the Park Award Reception ROLL CALL CONSENT AGENDA I. Approve/Amend APPROVAL OF MINUTES * 2. Regular Council Meeting of October 27,2003 PUBLIC HEARING - 7:00 P.M. 3. Homestead Neighborhood (Brown Road North) Sanitary Sewer Project A. Order Preparation of Plans and Specification - Resolution PRESENTATION 4. Friends of the Park Award - Barbara Wulf - Resolution 5. Fire Chiefs* Report 6. Stubbs Bay Water Quality Improvements - Minnehaha Creek Watershed District PARK COMMISSION COMMENTS -Pauline Bouchard, Representative PLANNING COMMISSION COMIVIENTS -Dave Rahn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 7. #02-2858 Scott Standa. 2659 Casco Point Road - Variance (After-the-Fact) - Resolution 8. Joint Use Dock License - Minnetonka Power Squadron - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 9. Adopt Assessment Roll for Old Long Lake Road Sanitary Sewer Extension - Resolution 10. Adopt Assessment Roll for Brown Road North'County Road 6 (Phillips) Sewer Extension Resolution 1 1. Request for Payment #1 - Old Long Lake Road Sanitary Sewer Extension 1 2. Request for Payment #1 - Brown Road NorthCounty Road 6 (Phillips) Sewer Extension 13. Request for Payment #1 - Stubbs Bay Erosion Improvements 14. Request for Final Pavment - SCADA System n 4 'ttr- ow--' t r .T.; . AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 10,2003,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 15. Request for Payment - Navarre Fire Station 1 6. Navarre Fire Station Operational Apparatus Equipment 17. Code Amendment Regarding Clandestine Labs - Ordinances CITY ATTORNEY'S REPORT * 18. LICENSES A. Special Event Permit B. Trapping License * 19. BILLS UPCOMING ISSUES AND EVENTS 2m 11/05 11/08 11/10 11/11 11/13 11/17 11/24 11/27 11/28 Planning Commission Work Session, 5:30 p.m. Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon Council Meeting, 7:00 p.m. HOLIDAY, Observance of Veterans Day Council Work Session, 5:30 p.m. Planning Commission Meeting, 6:00 p.m. Council Meeting, 7:00 p.m. HOLIDAY, Observance of Thanksgiving Day HOLIDAY, Observance of Thanksgiving Day 12/01 12/03 12/08 12/24 12/25 12/26 Truth in Taxation Hearing, 5:30 p.m. Planning Commission Work Session, 5:30 p.m. Council Meeting, 7:00 p.m. HOLIDAY, Observance of Christmas (Afternoon) HOI IDAY, Observance of Christmas HOLIDAY, Observance of Christmas i Ii E MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o'clock p.m. COI twr.iL MEETING NUV 1 0 2003 Cl I y OF ORONO ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Bob Sansevere; Council Members Jim Murphy, Jim White, and Lili McMillan; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Foth and Janice Waataja, Public Service Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Kristi Anderson. Mayor Barbara Peterson was absent. After City Administrator Moorse dispensed the Oath of Office to Council Member Lili McMillan, Acting Mayor Sansevere called the meeting to order at 7:03 P.M. CONSENT AGENDA 1. Approvc/Amend Council members added items H6,8,16,18, and 19-25 to the Consent Agenda. Murphy moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of October 13,2003 Murphy moved. White seconded, to approve the Minutes of the Regular Council Meeting of October 13,2003 as presented. VOTE: Ayes 4, Nays 0. PUBLIC HEARING 3. CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES - RESOLUTION NO. 5062 Acting Mayor Sansevere opened the public hearing at 7:06 P.M. There were no public comments. Murphy moved. White seconded, to close the public hearing at 7:09 P.M. VOTE: Ayes 4, Nays 0. White inquired whether any commercial properties were represented on the delinquent list. Gappa stated that he had not reviewed the entire list and could not be sure. PAGE I of 16 ».WK. -I«.i r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. 3. •term"****“****' inspection program, he recycling program, the false alarnj developers Improvement fees, and other general service f^ VOTE: Ay« 4. PRESENTATION lake MINNETONKA COMMUNICATinivc COMMISSION - 2004 PROPOSED BUDGET ATIONS Ms. Koenecke provided the City Council uith the LMCC’s projected revenues and beginning and ending fund balances She explained Stud o/A ^ franchise Administration ^ Koenecke stated that John Peterson filled a new position for the LMCC producine fo7pXu«r Ci'y to him Muiphy uked ifil would bo appropriate for Mr. Peterson to produce a series of Seed'Se»'8't'''ay 1 2 corridor project. He eliesed the more exposure and information the cities could relay to the nubile about the consiruelion project the belter, since it will be ongoing for several ycaJ^ Ororcty«“e;5^L^^^ ^ '“**«“<* City of Sansevere wked if there was any hope cable would be offered to residents in the 5 zone, mostly as a high speed internet access connection.acre PAGE 2 of 16 r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. 4. SAIL YKOENECKE, LAKE MINNETONKA COMMUNICA TIONS COMMISSION - 2004 PROPOSED BUDGET, Continued Although residents could try to request ser\'ice on an individual basis, Koenecke stated that, overall, service was doubtful based on the franchise agreement's requirement regarding minimum housing density for service extension. Murphy moved. White seconded, to approve the 2004 LMCC Budget. VOTE: Ayes 4, Nays 0. 4A. FIRE SERVICE REPORT Excelsior Fire Chief Mark DuCharme and Long Lake Assistant Fire Chief Tony Roe reported that progress on the Navarre Station was moving along rapidly, as windows, generators, sheet rock, and some of the landscaping had been installed. Completion was expected for the first part of December. Sansevere acknowledged that both departments had selflessly dedicated their time and service to the completion of the project and complimented the Chiefs for their phenomenal devotion in this endeavor. DuChame stated that, not only are the Long Lake and Excelsior departments excited about the project, representatives of other communities have also visited the site. He indicated that training of personnel by both departm«tts is ongoing and that the recruits will be observing a bum in mid November for training purposes. DuCharme noted that, by bringing all three communities together, they have also secured good pricing on equipment and apparatus. Murphy thanked the two Chiefs for their eflbrt and acknowledged Roe for securing grants and funding assistance for the station and its equipment. He asked how things were progressing on the Long Lake Fire Station grading project. Roe reported that things are moving slowly, although the curbs are in and grading being performed, he was not sure when the final blacktopping would occur. DuCharme and Roe paid tribute to one another and thanked the City for its support. As a neighborhood w hich houses half the Orono population. White noted that the completion of the Navarre Fire Station is a huge accomplishment that the City does not take lightly. PAGE 3 of 16 -------------^ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o'clock p.m. PARK COiMMISSION COMMENTS - Irene Silber pES' 'he Commission was not infoimod prior lo .he dale being PLANNING COMMISSION COMMENTS - J. Mark Fritzler LMCD COMMENTS - Lili McMillan prSfilli3s£l= •Tata teLMCD Shi “■' n"ing whieh w en, :*nr,rw“en“hf;e;u^^^^^^^ .heXjhe'LwS'fs aTp^ltg^“d'fs,ri" fo Jd ’S'" ”'<''v««ing: .he DNR wilh regard'to searS’Jld'she ho^ '^'^e toE'.^e Mi^S^^ar ■" > ->■>“ '»he in evemually drain .o .he Mississippi River and^So”.!:^^^^ PUBLIC COMMENTS There were none. PAGE 4 of 16 ...... MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o ’clock p.m. ZONING ADMINISTRATOR'S REPORT 5. #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD - VARIANCE (AFTER-THE-FACT) As the applicant was not present, the City Council chose to table the application for further discussion. Acting Mayor Sansevere moved, Murphy seconded, to table Application #02-2858, Scott Standa, 2659 Casco Point Road, for later discussion. VOTE: Ayes 4, Nays 0. *6. #02-2873 CITY OF ORONO - 2000-2020 COMPREHENSIVE PLAN AMENDMENT #1 - OLD LONG LAKE ROAD MUSA - RESOLUTION NO. 5063 Murphy moved. White seconded, to adopt RESOLUTION NO. 5063, a Resolution approving Amendment No. I of the 2000-2020 City* of Orono Community Management Plan, adding certain properties along Old Long Lake Road to the defined Metropolitan Urban Sersice Area. VOTE: Ayes 4, Nays 0. 7. #03-2929 JEFF MARTINEAU, 2565 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 5064 Gaffron explained that the applicant requests a Conditional Use Permit for plumbing in an accessory structure, to allow installation of a half bath (toilet, sink, and shower) in a proposed detached garage with upper level exercise and sitting room. The applicant has agreed to concurrent hardcover removals so that the property will remain in hardcover compliance after construction of the new accessory building. Gaffron noted that the applicant has also agreed to eliminate the initially proposed kitchenette so that this will not have the potential to function as a guest house. Gaffron indicated that staff recommends approval of the CUP for plumbing in an accessory structure, subject to elimination of the kitchenette from the proposal, and subject to the standard code restrictions on use of the structure: - cannot be used for a home occupation unless allowed by home occupation ordinances - cannot be used as a dwelling unit unless Guest house CUP is obtained - cannot be rented, leased, or otherwise provided for use as dwelling Furthermore, Gaffron stated that staff would recommend concurrent removals of excess hardcover be required as proposed, to result in a final hardcover not exceeding the site’s hardcover allotment of 7530 s.f. for the area between 0-250 ’. W’hite moved. Acting Mayor Sansevere seconded, to adopt RESOLUTION NO. 5064, a Resolution granting a Conditional Use Permit for plumbing in an accessory structure, subject to the elimination of the kitchenette from the proposal, to the PAGE 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. 7. #03-2929 JEFF MARTINEA V, 2565 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT- RESOLUTION NO. 5064, Continued standard code restrictions on use of that structure, and concurrent removals of excess hardcover per the Planning Commission recommendation. As a follow-up to the neighbor's request, Murphy confirmed with and thanked the applicant for his willingness to postpone construction until afler Mr. Callahan has moved. Mr. Martineau obliged the request. VOTE; Ayes 4, Nays 0. *8. #03-2934 JASON BLISS, 3445 CRYSTAL BAY ROAD, VARIANCE RESOLUTION NO. 5065 Murphy moved. White seconded, to adopt RESOLUTION NO. 5065, a Resolution approving the lot area and lot width variances, side street setback variances per the Planning Commission recommendation, and approval of the 75-250 ’ hardcover at 1,838 s.f. in order to construct a new residence on the property located at 3445 Cr>'stal Bay Road.VOTE: Ayes 4, Nays 0. *9. #03-2941 PAUL CADY, 465 TURNHAM ROAD, CONDITIONAL USE PERxMlT - RESOLUTION NO. 5066 Murphy moved. W hite seconded, to adopt RESOLUTION NO. 5066, a Resolution granting a Conditional Use Permit to construct a bam on a ’through’ lot located at 465 Turnham Road, subject to its proposed location on the submitted plans. VOTE: Ayes 4, Nays 0. 10. ROBERT AND JANET LABALT, 3202 NORTH SHORE DRIVE - VARIANCE Waataja reported that the applicants have requested the following variances to construct an addition, appro.ximatcly 515 s.f., to the e.xisting home. 1 . Hardcover variance for the 75-250' zone to allow 37.6% hardcover when 25% is normally allowed and 50.5% currently exists. 2. Hardcover variance for the 250-500' zone to allow 42.7% hardcover when 30% is normally allow ed and 55°b currently exists. 3. Side yard setback variance to allow a setback of 2.8 feet when 10' is required and 2.8* currently exists. 4. Structural coverage variance to allow 19.4% when 15% is required. \Miile the applicant had met w ith staff to discuss other options, Waataja indicated that it was their preference to move forward with their original plan, which the Plaiming PAGE 6 of 16 .r J 4- \ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. 10. ROBERT AND JANET LABALT, 3202 NORTH SHORE DRIVE - VARIANCE, Continued Conunission and staffhad recommended for denial since the increases in structural coverage go beyond what is allowed by Code. Waataja further explained that it was staff s opinion that no unique hardship has been presented which would justify expanding the current home's footprint, given alternatives for an addition exist. Waataja indicated that staffhad recommended the applicants consider building an attached garage with living space above. Mr. Labalt stated that, in his opinion, adding a second story to his small home would give it the appearance of a silo and block the view of the lake to his neighbor to the rear. He urged the Council to consider the fact that he lives next to a commercial property and that his is a substandard lot when making their decision. He felt his proposal was the only way to go and did not wish to build a three story tall home. Acting Mayor Sansevcrc asked whether any hardships could be found with the topography to support the expansion out versus upward. He, too, believed the effect would be a silo. Waataja stated that staff could not find any unique hardship to warrant the request. She pointed out that most of the new constructions around him were 2 '/i story homes without variances. Labalt stated that 'most* but not all meet the definition; however, he believed his conditions were different. Murphy asked what the City wished to accomplish, other than strict adherence to the codes. Waataja stated that the applicant could be in compliance by attaching his garage and building a second story. Gaffron stated that, currently, the applicant has made inefficient use of the property with the detached garage, and GaHron would recommend the applicant design a tuck under style garage. McMillan pointed out that it is critical that the City maintain the integrity of the structural coverage requirement when other options are available. Acting Mayor Sansevcrc maintained that massing also occurs when properties ai'e forced to build up and not just out. Gaffron pointed out, that perhaps unfortunately, the Ordinances have encouraged people to build up versus out based on hardcover restraints. He noted that, while the Planning PAGE 7 of 16 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. 10. ROBERT AND JANET LABALT, 3202 NORTH SHORE DRIVE - VARIANCE, Continued Commission has wrestled with the density of structure over the past sevetal years, this house is under its structural coverage now. Murphy questioned how high the structure might be and whether he would gain the same space if the applicant followed the staff recommendation to attach his garage. Gaffron stated that, with the tuck under garage and walkout, the home would essentially have three stories and rise appro.ximately an additional 8’. Acting Mayor Sansevere wrestled with the issue of massing and forcing conformance which would create an eye sore or lighthouse effect. While Murphy was also cmpathctic, he failed to find a hardship to support the request and believed more could be done to ensure a proper design. White pointed out that State rules stipulate the City must be able to support their decision with an identifiable hardship, which they cannot do in this case. Acting Mayor Sansevere asked the applicant whether he would like the Council to act on what's in front of them or take more time to meet with staff to consider their options. Waataja pointed out that an extension notice would need to be signed. Attorney Barrett suggested the Council deny the proposed application for lack of a hardship; with the provision that if the applicant signs the 60 day rule extension notice, the Council will continue the application to give the applicant additional time to work with staff rather than having to reapply in 60 days. Murphy moved, McMillan seconded, to deny Application #03-2943, Robert and Janet Labalt, 3202 North Shore Drive, due to the increases in structural coverage beyond what is allowed by Ordinance and lack of a definable hardship; however, upon the condition that the applicant signs an extension, the denial action will be replaced with a continuation action so that they may continue to work with staff to redesign the proposal. V'OTE: Ayes 4, Nays 0. PAGE 8 of 16 \ i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o ’clock p.m. *11. «03-2952 GREG TRIPP, 3229C CASCO CIRCLE, VARIANCE RESOLUTION NO. 5067 Murphy moved, W'hitc seconded, to adopt RESOLUTION NO. 5067, a Resolution granting Average Lakeshore Setback, Hardcover, and Lake Setback Variances to change the roofline and pitch of the roof, add dormers, and improve the overall design aesthetically, subject to the removal of the 128 s.f. wooden stairs on the south side of the home and any plastic/fabric liner from the planting/rock beds on the property located at 3229>C Casco Circle. VOTE: Ayes 4, Nays 0. 12.1^03-2954 HOWARD R. ALTON, III, 1635 CONCORDIA STREET, VARIANCE As the applicants were not present, the Council tabled the application for later discussion. Murphy moved, McMillan seconded, to table Application /i03-2954, Howard R. Alton HI, 1635 Concordia Street, for later discussion. V'OTE: Ayes 4, Nays 0. *13. #03-2955 MICHAEL PALM, 710 BIG ISLAND, VARIANCE - RESOLUTION NO. 5068 Murphy moved, White seconded, to adopt RESOLUTION NO. 5068, a Resolution approving the average lakeshore setback and lot area variances to allow construction of a 3-season cabin at 710 Big Island. VOTE: Ayes 4, Nays 0. *14. #03-2956 HOSSNPAT CONSTRUCTION, 849 BROWN ROAD NORTH, VARIANCE - RESOLUTION NO. 5069 Murphy moved. White seconded, to adopt RESOLUTION NO. 5069, a Resolution granting a 68* encroachment on the average lakeshore setback to allow the construction of a new home at 849 Brown Road North. VOTE: Ayes 4, Nays 0. 15.03-2957 JOSEPH THIES, 1180 WILLOW DRIVE NORTH, VARIANCE - RESOLUTION NO. 5070 Waataja explained that the applicant requests the following variances to construct an addition to the home and a detached garage: 1. Rear yard setback variance to allow an attached garage and house addition to be setback 32 feet when 50 feet is required. 2. Rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when SO feet is required. 3. Rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required. In summary, Waataja indicated that the Planning Commission concurred with staff s recommendation on a 4/1 vote to: PAGE 9 of 16 lirtui MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o'clock p.m. 15. 03-2957 JOSEPH THIES, U80 WILLOW DRIVE NORTH, VARIANCE RESOLUTION NO. 5070, Continued 1.Approve the rear yard setback variance to allow an attached garage and house addition to be setback 32 feet when 50 feet is required due to limited alternate locations available for expansions, that the lot is substandard in size, and that the variance will not negatively impact the adjacent neighbors. 2.Deny the rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required due to it not being a necessary component of the addition and that it could be relocated. 3.Deny the rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required because the garage can be shifted to meet the setback. Furthermore, Waataja stated that, although the applicant requested a stairway access be allowed along the east side yard where an encroachment already exists, staff did not believe this was appropriate. Mr. Thies stated that the purpose of this proposed open staircase would be to provide him access from his three season porch over the garage to the ground where his children would be playing. He stated that, currently, he must walk through the entire home before reaching the ground level. He felt that, in case of an emergency, he wished to gain access to his children on the ground easier via the stairway. White stated that he would agree, the applicant should have access to the ground as an emergency measure to reach his kids outside rather than having to run through the whole house first. Murphy stated that the home docs not exceed hardcover or structural coverage requirements, and while access is an inconvenience, it does not constitute a hardship. He asked if the applicant had held any discussions with the neighbor of the strip of land behind him. Thies stated that they have a handshake agreement that he wishes to buy the parcel. While McMillan concurred with the Planning iUid staff recommendation, she did not have a problem allowing the open staircase to the ground to infringe on the side setback. Sansevere concurred. McMillan moved. While seconded, to adopt Resolution No. 5070 for Joseph Thies, 1180 Willow Drive North, approving the rear yard setback variance to allow an attached garage and house addition to be setback 32 feel when 50 feet is required. PAGE to of 16 I" - i .. — — -■i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. 15. 03-2957 JOSEPH THIES, 1180 WILLOW DRIVE NORTH, VARIANCE RESOLUTION NO. 5070, Continued denying the rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required, denying the rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required because the garage can be shifted to meet the setback, and approving the request for an open staircase along the east side to the ground for the home at 1180 Willow Drive North. VOTE: Ayes 4, Nays 0. MAYOR/CITY COUNCIL REPORT WTiite reported that he had received u note from Krista Carlson, recipient of the 2002 Orono City Council's scholarship, who is pursuing her degree at Arizona State, thanking them for their support. Murphy reported that he had attended meetings over the past w eek regarding Highway 12 dirt hauling issues. The committee had also sent a letter to Carol Molnau, the State Highway Commissioner, and met with Senator Johnson, Bob Winter and Mr. McFarland. He noted that Ames Construction did not show up at the recently scheduled meeting as they felt it was not in their best interest to be there. Murphy stated that, after vigorous discussion, they await a formal reply to their conversations. In addition, Ames has been put on notice of what is and is not acceptable to the City until a better dialogue can be established. Since those meetings, Murphy stated that he has also met with disgruntled property owners near the Ames staging site who’ve indicated that the office shed is directly on the property line and that trucks are arriving to work at 5:00 A.M. Attempts to ask Ames Construction to move the offices to the rear portion of the 6 acre parcel have been unsuccessful. Acting Mayor Sansevcrc pointed out that if the trucks are arriving to work at 5:00 A.M., they should be ticketed, since there are ordinances to comply with. Murphy indicated that the good news was that the temporary Willow bridge was nearing completion and should be ready for use by Thanksgiving. He noted that, currently, interruptions in Long Lake fire ser\ ice have occurred due to construction. Wliile Senator Johnson is in the middle of hearings on MnDOT ROW issues, he encouraged the City to stay at it for the sake of all Minnesota citizens. Murphy stated that he w ill continue to attend monthly meetings, the next scheduled for the third week of November, as well as. weekly Tuesday morning construction meetings in an effort to stay abreast of developments. McMillan questioned whether other construction areas would be letting up, such as North Brown Road and Industrial Boulevard. PAGE 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. MAYOR/CITYCOUNCIL REPORT, Continued Moorsc stated that the North Brown Road construction was scheduled for completion by next week. Gappa stated that the work on Industrial Boulevard should be complete now. Murphy stated that two things must happen, first, the citizens must acclimate themselves to the reality they will have to deal with over the next four years. As construction phases in and out of areas of Orono, the City must continue to elTectivcly communicate this to its residents. Second, assurances from MnDOT have been given that this is the worst of it, as it tries to accomplish numerous things before the construction season winds down before winter. MnDOT has indicated that they will sit down with the City over the winter to discuss the various phases and timeline. McMillan reminded staff how critical it is to be mindful of school bus traffic in the midst of construction. Murphy pointed out that Kurt Erickson has specifically been meeting with bus companies and their transportation committees to anticipate any future difficulties. Acting Mayor Sansevere reiterated the importance of enforcing the designated construction hours of 7:00 A.M. White stated that the City of Minneapolis was forced to apply severe restrictions and penalties to contractors who failed to comply w ith the rules and meet proposed timelines. *16. HOUSING WEEK - PROCLAMATION Murphy moved. White seconded, to adopt the Proclamation setting the week of November 15-22,2003, as Housing Week in Orono. VOTE; Ayes 4, Nays 0. PUBLIC SERVICE DIRECTOR’S REPORT 1 7. 2530 FOX STREET DRIVEWAY - APPEAL OF ADMINISTRATIVE DECISION Gappa explained that in October 2002, the City reviewed two driveway access locations for new construction at 2530 Fox Street. At that time, staff recommended the driveway access be from the shared private drive; however, the property owner has requested the ‘ driveway access directly from Fox Street. Gappa stated that no decision fi-om Council was reached during the 2002 meeting and the issue was tabled. The owner has submitted a second request for the appeal of an administrative decision on the driveway location, W'hich identifies the Fox Street access as Option 3, and two other PAGE l2ofl6 u MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o'clock p.m. / 7. 2530 FOX STREET DRIVER'A Y - APPEAL OF ADMIMSTRA TIVE DECISION, Continued access points to the shared drive as Options 1 and 2. Gappa explained that Option I has a 23% grade which is too steep for a drivew ay and Option 2 requires the removal of several substantial trees. Gappa noted that several issues must be addressed regarding the driveway location, the first, is the City policy in the Comprehensive Plan that driveway access should be minimized on City streets for new developments. He pointed out that this policy has been somewhat inconsistent for smaller land divisions of this type. The second issue, is tree preservation. Gappa stated that the owners request for driveway access onto Fox is based somew hat on the preservation of several large trees that would be required to be removed if the driveway accessed the private drive. The third issue is safety. While the shared driveway scenario is flat, it is restricted by a large Oak tree close to the edge of Fox Street; whereas, option 3 directly accessing Fox Street has better visibility with a steeper slope. In summary, Gappa stated that from a general City policy viewpoint, the driveway should be onto the private shared driveway. He recommended that the Council review and weigh this policy against the issues of tree preser\ ation and drivew ay safety as requested by the homeowner. Acting Mayor Sansevere stated that, based on his first impression having visited the site, the home is situated for access off Fox Street, although his preference might have been the shared private drive access. John Boyer, the builder, Jim McNeil, the architect, and Julie Ann Johnson, the homeowner, were present. Ms. Johnson stated that they would be moving many trees on the site to intentionally block much of the view from Fox Street. It was her desire to maintain the white pines near the shared drivewav access. McNeil maintained that the access off Fox Street w ould provide them fewer blind spots than the other options. He acknowledged that the home was designed facing Fox Street and that they did not believe getting the access off Fox would be an issue, since the home across the street has two curb cuts. Acting Mayor Sansevere indicated that he did not object to the Fox Street access and asked staff if they would concur. Gappa stated that he had no strong objections, other than the general policy to limit curb cuts. PAGE 13 of 16 fi MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o'clock p.m. /7. 25i0 FOX STREET DRIVEWAY - APPEAL OF ADMINISTRATIVE DECISION, Continued McMillan stated that, having visited the site, she would not support Option 2, or even the slope of Option 1. McMillan believed that since the home was already built, it seemed to her most appropriate to place the driveway off Fox Street. Murphy concurred. Murphy moved. White seconded, to Appeal the Administrative Decision recommending the abandonment of Option 1 due to the steep grade. Option 2 due to the loss of trees and steep slope, in lieu of Option 3 which allows the driveway access directly from Fox Street. VOTE: Ayes 4, Nays 0. *18. ADOPT ASSESSMENT ROLL FOR HERITAGE DRIVE SEWER - RESOLUTION NO. 5071 Murphy moved. White seconded, to adopt RESOLUTION NO. 5071, a Resolution adopting the assessment roll for the Heritage Drive Sanitary Sewer Extension project VOTE: Aves 4, Navs 0. % ▼ •f CITY ADMINISTRATOR’S REPORT *19. REQUEST FOR PAYMENT -NAVARRE FIRE STATION Murphy moved. White seconded, to approve the request for payment in the amount of $3,240.00 to Constructive Ideas, to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes 4, Nays 0. *20. RENEWAL OF THE POLICE SERVICE AGREEMENT WITH LONG LAKE Murphy moved. White seconded, to approve the 2004/2005/2006 Agreement and Contract for Police Services with the Cit>* of Long Lake. \'OTE: Ayes 4, Nays 0. *21. PURCHASE OF REPLACEMENT RESCUE VEHICLE FOR THE LONG LAKE FIRE DEPARTMENT Murphy moved. White seconded, to approve the purchase of the rescue vehicle for the Long Lake Fire Department, at a total cost of $223,928, with Orono’s share being $158,212.86, to be funded from the Navarre Fire Station and Equipment Bonds Construction Fund. VOTE: Ayes 4, Nays 0. PAGE 14 of 16 rf I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27,2003 7:00 o’clock p.m. *22. PURCHASE OF REPLACEMENT PUMPER FOR THE LONG LAKE FIRE DEPARTMENT Murphy moved. White seconded, to approve the purchase of the replacement pumper for the Long Lake Fire Department, at a total cost of $220,500, with Orono’s share being $169,000. VOTE: Ayes 4, Nays 0. *23. PERA RESOLUTION, PART-TIME POLICE OFFICER - RESOLUTION NO. 5072 Murphy moved, W'hite secouded, to adopt RESOLUTION NO. 5072, a Resolution declaring that the part-time position held by Paul A. Theisen was that of a police officer. VOTE: Ayes 4, Nays 0. *24. CREATION OF FIRE ADMINISTRATIVE OFFICER FOR THE LONG LAKE FIRE DEPARTMENT Murphy moved, \>'hite seconded, to approve Orono’s share of a Fire Administrative Officer for the Long Lake Fire Department, and to approve an adjustment to the 2003 General Fund budget to reflect the additional $11,000 expenditure. VOTE: Ayes 4, Nays 0. *25. APPOINTMENT OF AUTHORIZED CITY REPRESENTATIVE FOR 2003 HRA REVENUE BOND CONSTRUCTION PROJECT Murphy moved. White seconded, to appoint City’ Finance Director, Tom Kuehn, as an Authorized City Representative for the submission of claims for payment, and for reimbursement of claims by the City with regard to the 2003 Orono HRA Fire Hall and Equipment construction project. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett had nothing to report. *26. LICENSES RESIDENTIAL KENNEL LICENSE 1. Jim and Judy Hatchett 840 North Shore Drive Murphy moved. White seconded, to approve the Residential Kennel license requested by Jim and Judy Hatchett. VOTE: Ayes 4, Nays 0. PAGE 15 of 16 coi iMrri. meeting NOV 1 0 2003 REQUEST FOR COUNCIL ACTION ckyuhohono DATE: November 10, 2003 ITEM NO.: ^ Department Approval: Naaic Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Public Hearing Homesteaa Sewer, Order Plans and Specifications- Resolution We have received a signed petition from the Homestead Neighborhood residents requesting an assessment sanitary sewer project. A feasibility study has been completed with an estimated project cost of $81,000 which results in a proposed assessment of SI 1,600 per unit for seven units. The ^proximate annual cost for a 1 S-year assessment is S1.250 per year. A* the October 13th meeting, the Council accepted the Feasibility Study and scheduled a Public Hearing to be held at the November 10th Council meeting. A Public Hearing Notice was sent to all of the property owners, and a Legal Notice of this hearing was published for two consecutive weeks in the Laker/Pioneer Newspaper. The Council needs to conduct the hearing to obtain resident input on this project. If a favorable response is received from the neighborhood residents, the next step in process would be for the Council to adopt the resolution ordering preparation of plans and specifications for this project. COUNCIL ACTION REQUESTED Approve/ Not Approve Resolution Ordering Preparation of Plans and Specifications for the Homestead Neighborhood sanitary sewer improvements. -t.I ■ i-~ .............. f f ^ r >, 4 , ;■ \ I ST FARM ROADtAJ (13)(14) (15) ^^OMESTEAD“‘rO^ CONNECT TO EX. 4" FORCEMAI c.j) a 0 PROFBED FOI REMAIN (16) mam 1 1/4" SERVICE 8c :URB STOP (TYPICAL) " No**c^Hpll«inl S<|»V|c SANITARY SEWEft IMPROVEMENTS ■SBl (17) TER^NATION FLUSI CONNI fiOQ h 7BO O ORONO, MINNESOTA FIGURE 2 HOMESTEAD ROAD SANITARY SEWER EXTENSION Walt l» IMI l/ll Bonestroo fjS Rosene ^^Andertik A |\j| Associates EnQk%eer% A AtcMects * •% f> % ••r» 4 f\ irs^ //%•*9yf\fs^^44 A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE HOMESTEAD NEIGHBORHOOD SANITARY SEWER IMPROVEMENTS WHEREAS, the City of Orono is a municipal corporation existing under the laws of the State of Minnesota; and WHEREAS, the City Engineer has prepared a feasibility study to determine the feasibility of the Homestead Neighborhood sanitary sewer improvements; and WHEREAS, on October 13,2003 the City Council adopted Resolution No. 5060 receiving the feasibility report and calling for a public hearing for the Homestead Neighborhood sanitary sewer improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 10th day of November 2003, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby direct the City Engineer to prepare plans and specifications for the Homestead Neighborhood sanitary sewer improvements Adopted by the City Council at a regular meeting held on November 10,2003 by a vote of____ayes and____nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor t •• «SBOj Feasibility Report Homestead Road Sanitary Sewer Improvements Orono, Minnesota October, 2003 File No. 139-03-141 ^ t Bonestroo Rosene mrm Anderlik& \\\ Associates fnginccra A ArcNMcts Bonestroo Rosene Anderlik& |\J| Associates Engineers & Architects October 8,2003 epp^„ u^r «• ®««• co<^ ^ . s*f»l»f CMHMitanit: «ce«ft W. toun*. AC. . joMpn C. Andtctm. Al, . m<nsra I T.-tf. At • Sus« M f e«fhn. C AA AMMlalt ArlnciAAli: «t:Si A Cordon. At . loom « AUfftn*. AC . Cicrurd df A- -«r At . Dmm a i.. M-tnoA. T At. fcd t r-oHl At . ««».m A An^t^. AC • tV*'-'u ' d J^a ^TuoI u !: IC Ml A . Allan ff.cn Schmict. Ft . Tf»c-4i W F«tf^Ft7 ijms ff. MaUntf. Ff. e Mnes 1 Jtnsarv Ft. • l Ffullip Gravtf Ml. Ff. • 0«^«l / iOct'-zr Ft • Ismael Martmai Fr Thom,, A Syrco. AC, . Ir, Oon X Jerrdon . Od. A Gro... AC . * orricet: Si Faui. St Cloud, ffocnesto' md Wiiimar. MN • Mitwaubee. wi • Cfucsgc 1 WibtlU: Mfwwloncitrco cam Honorable Mayor and City Council CityofOrono POBox66 Ciystal Bay, MN 55323-0066 Re: Feasibility Repoit Homestead Road Sanitary Sewer Extension Our File No. 139-03-141 Dear Mayor and Council: Enclosed, for your review is our preliminaiy report on the Sanitary Sewer Extetrion for the H^estead Road area m Orono. This development is located east ofNorth Bro^n Road and north of jr»aa* 12a This report describes the saiutaiy sewer improvements necessary to provide municipal sanitary service to this area. Cost estimates for the proposed improvements are presented in the .Appendices. sewer We would be pleased to discuss this report further with the City Council or City staff at any mutuaUy convement time. Respectfully submitted. BONESTROO, ROSENE, ANDERLK AND ASSOCUTES, INC. Thomas P. Kellogg I hereby certify that this plan, specification or report was prepared by me or under my direct siqiervision and that 1 am a duly Registered Professional Engineer under the laws of the State of Minnesota. Thomas P. Kellogg,^E-V^ D*te: October 8.2003 Reg.Xo._2^ 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 Table of Contents Letter of Transmittal Table of Contents I. Introduction Figure 1 • Location Plan Summary and Recommendations IIL Sanitary Sewer Figure 2 -Homestead Road-Pressure Sewer Option IV. Cost Analysis Table 1- Cost Summary V. Project Schedule Appendix A -Homestead Road Cost Estimates Homestead Road Sanitary Sower Im/wwements Page Mo. 1. 2. 3. 4. 5. 6. 8. 9. 9. 10. < i i I. Introduction City staff has requested this report to determine the feasibility of constructing sanitary sewer inqrrovements for the Homestead Road area, as shown on Figure 1. A portion of the nei^borfaood is located within the shoreland area making it difficult for some property owners to meet the 3-foot separation between the seasonal water table and their septic system. The City of Orono received a signed petition fiom five of the seven property owners on Homestead Road requesting sanitary sewer. Six of the seven properties have existing homes while one property is currently undeveloped. Only one of the six existing homes has a conforming septic system, the remaining five homes have non-conforming systems. In most cases lot size, topography and proximity to lakeshore has limited the ability to find replacement septic sites. This report describes the sanitary improvements required to completely serve the Homestead Road nei^boihood. The proposed sanitary sewer improvements are presented on Figure 2. The costs of the proposed improvements are presented in the appendices and a cost summary is presented in the Cost Analysis section. Homestead Road Sanitary Sewer Improvements LOCATION PLAN Bonestroo ORONO, MINNESOTA FIGURE 1 HOMESTEAD ROAD SANITARY SEWER EXTENSION 13903141PO1 .DWG DATE: 10/03/03 COMM: 13903141 Rosene Andcrtik & f Associates enginetfs A ArcNttcts 1 II. Summaiy and Recommendations The constnictioa of sanitary sewer to serve the Homestead Road area is feasible fiom an engineering standpoint The project is necessary because of the existing non-conforming septic systems, HmitaH ability to locate alternative septic sites and potential pollution problems. The coital cost as well as operation and maintenance costs have been considered in determining that the project is cost effective. The costs of these improvements are interrelated and should be assigned equitably between all properties. The following recommendations are presented for consideration by the Orono City Council: 1. 2. 3. That this Report be adopted as the guide for installation of sanitary sew*er in the Homestead Road area That the City conduct a legal and fiscal review of the proposed project prior to the public hearing. That a public hearing be held on the proposed improvements. The total estiinated project cost of S81,000 should be incorporated in the public notice. There are 7 units proposed to be assessed for the lateral improvements. Homtsttttd Road Sanitary Sawa^ Improvements f I t AM III. Sanitary Sewer The proposed sanitary sewer for the Homestead Road area is shown on Figure 2. A review of the project site indicates the routes shown on the figures are recommended from a construction staw4>oint. If sanitary sewer is ever required to serve the properties in the Farm at Long Lake nei^bortiood to the north a similar sewer alignment should be considered along West Farm Road. Figure 2 shows a pressure sewer system. The proposed pressure sewer would be constructed primarily along the south side of Homestead Road. The sewer would be directionally bored to minimize property disturbance and associated restoration. The pressure sewer would be 1 Vi” to 2” diameter HDPE pipe. Sewer services provided to properties on the nonh side of Homestead Road would be directionally bored to eliminate street restoration costs. Sewer services would be extended to each property, terminating with a curb stop (shut off) at the property line. All flows will be directed to the existing city owned forcemain located under the existin z bituminous trail along the west side of North Brown Road. A residential grinder station that would pump flows from the home to the curb stop is required to serve each property. Each resident would be responsible for all costs associated with the purchase, installation, maintenance and operation of the grinder station. The residents would also bear the cost for the installation of the service line between the grinder station and the sewer stub at the property line. These costs are not included in the project cost and have ranged from $7,500 to $12,000 on previous projects. If the project moves forward, homeowners are encouraged to consult a plumber to estimate these costs for their situation. All disturbed areas will be restored as part of the project. The existing trail along North Brown Road will be disturbed to make the connection to the forcemain. The trail will be patched and disturbed areas adjacent to the trail will be sodded. Disturbed boulevard areas along Homestead Road will be sodded or reseeded. A gravity sewer system was considered as an alternative to the pressure sewer option. The existing •• topography in the Homestead Road neighborhood along >^ith the elevation of the nearest downstream gravity manhole would require the construction of a lift station to serve this area. The gravity sewer would be installed in the roadway requiring street reconstruction with limited residential access during construction. The estimated cost to construct a gravity sewer system to serve this Homestead Road Sanitary Sewer Improvements 6 neigbboifaood would exceed S2SO.OOO. Given the costs aud access restrictions during construction the gravity option is not a feasible alternative to the pressure sewer. The project will be constructed on public and private property. The alignments selected and shown on Figure 2 ^ill require permanent and temporary easements to allow for construction. A detailed cost estimate for the pressure sanitary sewer improveuic^ut option is presented in the ^pendices. Homestead Road Sanitary S€wer Improvements •■fc'iAatiTti P" •y-'’ ‘V*^? . '■ • V^- ;, , ^ • ;vy-'y,^^^';'. ■ y‘. ,*' # 1. i SANITARY SEWER IMPROVEMENTS ORONO, MINNESOTA FIGURE 2 HOMESTEAD ROAD SANITARY SEWER EXTENSION Rosene ^ Andertik &m. SmM Hi ImI M Associates Fnffineers A Architects MM, t'- •• • IV. Cost Analysis Detailed cost estimates for the proposed improvements are presented in the appendices. These costs include a 5 percent contingency, a 20 percent allowance for design, inspection, legal, and administration costs, and a S percent allowance for c^italized interest and bonding costs during construction. The estimated costs shown in this report are based on 2003 unit prices and can be related to the ENR Construction Cost Index for October, 2003 of 6,771. A summary of the estimated costs for the proposed improvements is presented in Table 1. Table 1. Sni Area U of Services Figure #Estimated Cost Assessment Homestead Road- Pressure Sewer 7 2 S81,000 $11,570 The cost estimates do not include easement costs that could be incurred on the project. It is recommended that the sewer construction costs be assessed uniformly over the area to be served, based on the number of services to each property. The assessments shown above reflect this reconunendation. HomesUad Road Sanitary Sewer Improvements jgi V. Project Schedule Homestead Road Sanitary Sewer Improvmnents T1 Date Event November, 2003 Public hearing December, 2003 Order preparation of plans and specifications Januaiy, 2004 Plans and specifications complete January, 2004 Advertise for bids February, 2004 Open bids March, 2004 Assessment hearing April, 2004 Award construction contract May, 2004 Begin construction July, 2004 Complete construction i ♦ ; I f I IM£ HOMESTEAD ROAD SANITARY SEWER • RESIDENTIAL GRINDER OPTION PREUMINARY COST ESTIMATE 11/4* HOPE service pipe<directional bore 11/2” HOPE forcemair^ireeUonal bore 2* HOPE forcemain-directional bore HOPE service tee Curb stop Flushino connection Isolation valve Repair driveways Bituminous trail patching Connect to existing forcemain Erosion control fence Moblization Sod with 4* topsoa Seeding w/topsoa. mulch, and fertilizer LF LF LF EA EA EA EA EA SY EA LF LS SY AC Estimated Construction Cost ^5% Contingencies ■•■20% Legal, Engineering and /Administration ■^5% Capitalized Interest and Bonding Total Eatimatad Coat 10.00 18.00 20.00 50.00 200.00 2,500.00 1,000.00 750.00 25.00 2,000.00 3.00 5.000. 00 3.00 3.000. 00 200 280 1,630 7 7 2 1 3 40 1 300 1 500 0.3 it; $2,000 5,040 32,600 350 1,400 5.000 1.000 2,250 1,000 2,000 900 5,000 1,500 900 $60,940 3,047 $63,987 12.797 $76,784 3.839 B0,924 L coi iMril MEETING NOV 1 0 2003 REQUEST FOR COUNCIL ACTION ci 1 Y OF OflONO DATE: November 7,2003 ITEM NO: Department Approval: Nanc Ron Moone Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Rqwit Item Description: Friends of the Park Award-Re^lution A presentation of the Friends of the Park Award will be made to Barbara Wulf. A resolution recognizing Barbara Wulfs efforts in service to the City’s park system, and awarding to her the Friends of the Park award, is attached for Council adoption. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution recognizing the efforts of Barbara Wulf in service to the City’s park system, and awarding to her the Friends of the Park Award. irtwrfiiii n i 7 A RESOLUTION AWARDING THE FRIENDS OF THE PARKS AWARD TO BARBARA WULF IN RECOGNITION OF, AND APPRECIATION FOR, HER OUTSTANDING AND DEDICATED EFFORTS IN SERVICE TO THE CITY AND ITS PARK SYSTEM RESOLUTION NO. 5074 WHEREAS, the quality of the City's park system is dependent upon and enhanced by the volunteer efforts of Orono citizens; and WHEREAS, Barbara Wulf has contributed many hours of volunteer effort toward enhancing the Seven Nations Park area; and WHEREAS, her efforts have included installing landscaping, as well as persuading a local church to donate benches for the park; and WHEREAS, the City is extremely fortunate to have a citizen with the commitment and desire to contribute her efforts toward enhancing the City's park system. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby award the Friends of the Parks Award to Barbara Wulf, and does also hereby recognize, and express its sincere appreciation for her outstanding efforts, commitment, and contributions to the City and its paiic system. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 10th day of November, 2003. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor ---------------------- COi iMriL MEETING NOV 1 0 2003 REQITST FOR COUNCIL ACTION ci rr OF OflONO DATE: November 7,2003 ITEM NO: 5 Department Approval: N sbm Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Fire Chiefs" Report Mark Duchaime, Excelsior Fire Chief, and Tony Roe, Long Lake Fire Administrative Officer and Assistant Fire Chief, will provide an update regarding the Navarre Fire Station and equipment, and regarding volunteer firefighter recruitment and training. COUNCIL ACTION REQUESTED: No action required. -'1^ - — •**- 'i, COIIMCIL MEETING NOV 1 0 2005 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: November 7,2003 ITEM NO: (p Department Approval: Naae Ron Moorse TMe City AdminisMtor Adminbtrator Reviewed:Agenda Section: City Administratoi's Report Item Description: MCWD Presentation Regarding Stubbs Bay Water Quality Diagnostic Study. The Minnehaha Creek Watershed District (MCWD) has completed a diagnostic study regarding the water quality in Stubbs Bay. A summary of the study is attached. Mike Wyatt, MCWD Fiauner/ Program Manager, will present the results of the study, as well as information regarding the potential for a water quality improvement project. If the Council believes there is merit to moving to the next step in the planning process for a water quality improvement project, it is recommended an informational meeting be held for the Stubbs Bay property owners to discuss project options and impacts, and to obtain their input regarding a water quality improvement project. COUNCIL ACTION REQUESTED: Motion regarding holding an informational meeting for the Stubbs Bay property owners regarding a water quality improvement project for Stubbs Bay. ■V In-lake phosphorus concentrations are variable with summer surface total phosphorus (TP) ranging from 41 to 63 ug L. Total phosphorus goal from the District’s 1997 509 plan is 50 ug/L; the goal set out in the HHPLS study report i>> practically the same, 50 to 55 ug/L. Over the six years (1997 to 2002) of water quality monitoring on Stubbs Bay, the average TP concentration is 53 ug/L. With the exception of 2001, the phosphorus concentrations have been increasing steadily, at about 4.6 ug/L per year. Over the same period, Chloropyll-a concentrations ranged from 23 to 39 ug/L, and averaged 32 ug/L. Chlorophyll-a concentrations are relatively high compared to that which would be expected from the total phosphorus concentrations. The average chlorophyll-a concentration of 32 ug/'L indicates a summer frequency of nuisance algae blooms (defined as Chlorophyll-a exceeding 20 ug/L) of 75 percent, and severe nuisance (Chlorophyll-a exceeding 30 ug/L) of 45 percent. Summer average Secchi depth ranged from 0.6 to 0.9 m, and averaged 0.76 for 1997 through 2002. The concerns that have been raised regarding Stubbs Bay indicate that the public desires a more stringent goal and are probably related to the recent negative trend in water quality. 1.2 Stubbs Bay Diagnostic Results • Stubbs Bay experiences a high internal load as evidenced by high bottom phosphorus concentrations. Stubbs Bay ranks about 8'*' highest bottom concentrations when compared to the 43 MCWD lakes and bays monitored in 2002 • Estimates of summer internal phosphorus load ranged from 320 to 790 kg per year. For reference the internal load calculated for Jennings Bay was 570 kg per year. • Internal loading is further evidenced by high lake concentrations which coincide with spring and fall overturn, when phosphorus-riej bottom water mixes with the surface water. • External tributary loads vary from 34 kg in 2000 to 600 kg in 2002; on average the external tributary load is 270 kg. The average inflow TP is 250 ug/L. Most of the water and phosphorus loads are derived from the Classen Lake Creek. A second tributary located at the northwest comer of the bay discharges mostly during spring snowmelt, and represents a small part of the total load. T «ll504y2%SIMM's HrpuaiBay lUpact^K Stubbs Bay Diagnostic Report Stubbs Bay Phosphorus Load Average Load |kg| Percent Internal Phosphorus Load 577 63 Atmospheric Phosphorus Load 61 7 External Phosphorus Load 270 30 Total Phosphorus Load 908 100 • Phosphorus profiles taken during 2003 indicate that phosphorus concentrations decrease along Classen Lake Creek as it flows toward Stubbs Bay from County Road 6. • Development within the Stubbs Bay watershed is expected to approximately double by 2020. Loads from the watershed can be expected to increase over the next 20 years. 1.3 Load Reduction Scenarios • Benchmark water and phosnhorus budgets were established for comparison of load reduction scenarios Average Year Benchmark Six-Year Average Conditions Average Internal Load 577 kg Atmospheric Load 61 kg Average External Load 270 kg Total Load 908 k Average Lake Outflow 1.06 m /yr • For benchmark loading conditions, the water quality response model predicts summer water quality as: Benchmark Water Quality Conditions _____(growing season average) Total phosphorus 57 ug/L Chlorophyll-a 38 ugL Secchi Depth 0.69 m • The benchmark chlorophyll-a concentration of 38 ug/L is significant in that severe nuisance algae blooms, defined as instantaneous chlorophyll-a exceeding 30 ug/L, will occur 85 percent of the growing season (approximately equal to the swimming season). In order to reduce this percentage to 30 percent, the average will have to be reduced to 27 ug/L; this corresponds to a load reduction of SO percent and total phosphorus concentration reduction to 42 ug/L and Secchi depth increase to 0.85 m. T Stubbf Bay Diagnostic Report r • Under the benchmark loading conditions, the Stubbs Bay outflow load to Maxwell Bay is 60 kg. Therefore improvements to Stubbs Bay will result in relatively small reductions to the Maxwell Bay load. 1.4 Recommendations for Feasibility Study Should the MCWD Managers order a feasibility study, it should consider the following: • Improvements can be made to the water quality in Stubbs Bay. Reductions to the internal load are the most promising to improve the trophic state of the bay. • The study should investigate various internal load controls such as alum treatment or injection, hypolimnetic aeration with chemical addition, and artificial circulation. Phased or gradual treatment may be preferred to a large, one-time treatment which may alter the balance between algae and macrophytes towards macrophyte dominance. • There is some potential for external load controls to have a measurable effect in conjunction with internal load controls. The existing average inflow concentration of approximately 2S0 ugl. is high enough that some reduction strategies may be effective. Inflow volumes and concentrations may be expected to increase with future development. • The feasibility study should consider projected changes in land use and their effects on external phosphorus loads. • The goal-setting process with stakeholder input should be followed. T bU504»S^»a lUpBWSiMbtw Bay IUpatt4»B Stubbs Bay Diagnostic Report —------ I? I a tin A I’oraoin ■ *'» * * Agnotfuril. UmMlwwilMMI CfopLmd VioAuijI OttiKf f «rrmto«J K«viJ(»niul l»9* Lol He^li nikH 4 Ottw« UncJifTatoniulMj H0t(30nb^. UntMfwvnluritfd . S Hwidtnini. UmMlwanliaigd • M F»t%. CMadwl Famiy. 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A»*f .J.’v V A Date Applkatioa Received: 12-10-02 Date AppUcatfea CoasMered at Canplele: 0-26-03 60-Day Review Period laMal Eipiratloa: 10-26-03 Review Period Eiteaded oo 1^2^3 to: 12-24-03 cm iMrii. meeting NUV 1 0 2003 CiiY UFORONO REQUEST FOR COUNCIL ACTION Date: November 3,2003 Item No.7 Departnenl Approval:Adndaislrator Approval: Nane: Michael P. Gaffron Title: Planning Director Agenda Section: Zoning Item DescriptioB: #02-2858 Scott Standa, 2659 Casco Point Road - Variance (After-the-Fact) - Resolution List of Exhibits 1 - Notice of Council Action 11-3-03 2 - Memo and Exhibits of 10-24-03: A - Resolution B - Notice of PC Action 10/24/03 C - PC Draft Minutes 10/20/03 D - Memo and Exhibits of 10/17/03 This item was tabled on October 27 because the appUcant was not present Please refer to the Memo and Exhibits of10-24-03. ^ Wid a -Cl r CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #02-2858 NOTICE OF COUNCIL ACTION DATE OF NOTICE; November 3. 2003 TO:Scott Stands 2659 Casco Point Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: October 27. 2003 VOTE: 4 FOR 0 AGAINST Motion: To table because the applicant was not present. Af^Iicant's next scheduled meeting is confirmed as: City Council - Monday, November 10, 2003; meeting starts at 7:00 p.m. If > 7U cannot be in attendance, please send a representative or contact City staff to re-schedule. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have any questions, please contact Planning Director Mike Gaflron at 952-249-4600. r' JlC'J * >*' Ihr'inn I ■ m Date AppUcallon Received: 12>1(M)2 Date Application Considered as Complete: 8-26-03 60-Day Review Period Espircs: 10-26-03 REQUEST FOR COUNCIL ACTION Date: October 24,2003 Item No.: ^ Department Approval:Administrator Approval: Name: Michael P. Gaffron, Title: Planning Director Agenda Section: Zoning Item Description: #02-2858 Scott Stands, 2659 Casco Point Road - Variance (After-the-Fact) • Resolution List of Exhibits A - Resolution B - Notice of PC Action 10/24/03 C - PC Draft Minutes 10/20/03 D - Memo and Exhibits of 10/17/03 Application Summary: Applicant requests afier-the-fact hardcover and setback variances to allow the reconstruction of a deck located at the shoreline attached to an existing accessory building. Variances required include: 1. Structure within 0-75' setback zone, extending out over the shoreline (cantilevered 2-3' past the OHWL). 2. Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback. Staff Recommendation: Staff recommends partial approval per the Plaiming Commission recommendation. Zoning District: Lot Area: LR-IC Single Family Lakeshore Residential, 1/2-acre min. 0.29 acre (12,815 s.f.) Planning Commission Recommendation The Planning Commission reviewed this item at their October 20 meeting and on a vote of 4-1 recommended partial approval as follows: 1.Deck as reconstructed is not approved. Applicant to remove the 8'xl2' deck, but will be allowed to replace it with a 4'x7* walkway with 3* wide stairw’ay to g^e. ^ ^1 (M2-285S 2659 Cum Point Road October 24,2003 Page 2 2.Applicant to remove the following items of hardcover: Concrete sidewalk at north side of house (132 s.f. +) Concrete slab adjacent to accessory building (208 s. f.) Fabric and plastic liner &om all landscape areas (235 s.f.) 3.Applicant is placed on notice that the deck and accessory building are nonconforming structures and subject to the pertinent ordinances limiting the degree of stmcniral repair allowable for such structures. 4.Applicant is advised that replacement of the stairways providing access to the lake is allowed but will require building permits at the time such activity is commenced. Staff Recommendation Staff recommends partial approval per the Planning Commission recommendation. Applicant paid the after-the-fact fee for the zoning application, and must obtain a standard-fee building permit for the 4'x7 walkway to replace the deck. Staff is recommending that deck and hardcover removals be required to be completed by June 15, 2004; a permit for the 4x7' walkway would have to be obtained no later than October 27,2004. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. 1 4 .1 II II liia'A A RESOLITION DENYING AN AFTER-THE-FACT VARIANCE AND GRANTING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-281(A) & (B); 78-282;78-1279; AND 78-1288 HLE NO. 02-2858 WHEREAS, Scott S. Standa and Irene S. Standa, husband and wife (hereinafler "the applicants"), are the owners of the property located at 2659 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 137, Spring Park, Hennepin Counr.'. Minnesota; (hereinafter the "property”); and WHEREAS, the applicants have made application to the City of Orono for after-the- fact variances to Orono Municipal Zoning Code Sections 78-281(A) & (B); 78-282; 78-1279; and 78-1288 to allow the construction of a 8'xl2' dCv** ard stairway located within 75' of the OHWL of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 1 foot of the side lot line where such structures are not normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Fv>ifjINGS 1. 2. This application was reviewed as Zoning File #02-2858. The property is located in the LR-IC Lakeshore Residential Zoning District, which requires minimum lot area of 0.5 acres and minimum lot width of 100'. The lot has a defined width of 60' and is 0.29 acre in area. 3.The Plaitning Commission fj^itially reviewed this application at a public hearing held on October 20, 2003 and at a vote of 4-1 recommended partial tq)proval of the after-the-fact variances per the following findings: Page 1 of6 'I i 4. 5. A deck in deteriorated condition existed at the lake side of the accessory boathouse building prior to applicant ’s construction of a new 8'xl2' replacement deck in April 2001. Based on a picture provided by the applicant, the old deck was apparently somewhat smaller than the new deck. The new 8'xl2' deck was constructed within one foot of the side lot line and at the shoreline, a portion of said deck extending lakeward of the OHWL of Lake Minnetonka. The structure is also lakeward of the average setback line and constitutes hardcover in the 0-75' zone. The new deck would likely rot have been approved had the applicant attempted to obtain the required permit and variances prior to construction of the new deck. However, the boathouse does contain an existing doorway which should be provided with a minimal walkway to grade for safety and functionality reasons. In addition to the boathouse and new deck, existing hardcover in the 0-75' zone includes retaining walls, stairways and landings which are necessary to maintain the steep slopes and pro\-ide access to the lake. The 0-75* zone also contains a 208 s.f concrete slab which serves no specific purpose and which the applicant has agreed to remove to reduce the excessive hardcover on the property. The applicant has also agreed to removal of a sidewalk and all fabric/plastic landscape bed liners in the 75-250' zone. The average lakeshore setback encroachment by a replacement 4'x7' walkway will have no impact on views of the lake enjoyed by the adjacent property owners. 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 variances on the health, safety and welfare of the communit>-. 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 w ould not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a Page 2 of 6 i convenience to the applicant, but is necessary to alienate a demonstrable hardship or di fficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies the after-the-fact variances to retain an 8'xl2‘ deck adjacent to the boathouse, but grants variances to Orono Municipal Zoning Code Sections 78-281(A) & (B); 78-282; 78-1279; and 78-1288 to allow the construction of a 4'x7' wallovay and 3* wide stairway to grade, located within 75' of the OHWL of Lake Minnetonka w here no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 2 feet of the side lot line where such structures are not normally allowed, subject to the following conditions: 1. Council approval is based on the sur\ ey/site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any changes from the approved site plan which are not in conformity with this approval or City requirements will require further Planning Commission and City Council review'. 2. The following hardcover removals are required: (0-75 zone) Concrete slab adjacent to accessory building (208 s.f.) f7j-250' zone) Concrete sidewalk at north side of house (132 s.f. +) (75-250* zone) Fabric and plastic liner from all landscape areas (235 s.f.) The above hardcover removals shall be completed no later than June 15,2004. 3. Hardcover on the property shall not henceforth exceed the limits as noted in this resolution and as noted on Exhibit A. Applicant is advised that any future proposals for additional hardcover on the property will likely not be approved, but mi^t be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property'. 4. Applicant is placed on notice that the 4*x7 walkway and accessory boathouse building are nonconforming structures and subject to the pertinent ordinances limiting the degree of future strucmral repair allowable for such structures. Page 3 of 6 6. 5. Applicant is advised that replacement of the existing stairways in the 0-75 ’ zone providing access to the lake is allow^ but will require building permits at the time such activity is commenced. Authorities granted by this resolution run wnth the property not with the applicants, 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 (October 27,2004). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, am! shall be punishable as a misdemeanor. The undersigned applicants has read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. 7. 8. Adopted by the Orono City Council on this 27th day of October, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 # • STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrunent was acknowledged before me on this__day of ^2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ^2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 jL^ \k STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this by Scott S. Standa, husband of Irene S. Standa. davof 3 2003 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this dav of by Irenes. Standa, wife ofScottS. Standa. '^2003 Notary Public Page 6 of6 Jiilh TP ZO0 sf. 1.4 CONTOUR UNE d Hardcover: /ood Borders way and steps 3x4) apron k (backyard) :k incl. stoop m CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE #02-2858 NOTICE OF PLA.NNTNG COMMISSION ACTION DATE OF NOTICE: October 24, 2003 TO:Scott Standa 2659 Casco Point Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: October 20, 2003 Planning Commission recommended as follows: Partial approval per the following conditions: 1.Deck as reconstructed is not approved. Applicant to remove the 8 ’xl2' deck, but will be allowed to replace it with a 4 ’x7' walkway with 3' wide stairway to grade. 2.Applicant to remove the following items of hardcover: Concrete sidewalk at north side of house. Concrete slab adjacent to accessory building Fabric and plastic liner from all landscape areas. 3.Applicant is placed on notice that the deck and accessory building are nonconforming structures and subject to the pertinent ordinances limiting the degree of structural repair allowable for such structures. 4. Applicant is advised that replacement of the staii^vays providing access to the lake is allowed but will require building permits at the time such actiuty is commenced. VOTE: 4 FOR I AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, October 27, 2003; meeting starts at 7:00 p.m. Review Period Extension. State law pro\ides that Cities shall make decisions on zoning requests within 60 days from the date of subminal of a complete application, and that this review period may be extended by notification to the applicant. Your application was considered as complete on August 26, 2003 and the 60-day review period would end on October 26, 2003. However, because the earliest potential date of final Council action falls after the 60-day period ends, the 60-day review period is hereby extended an additional 60 days to December 24, 2003. 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 Plarming Director Mike Gaffron at 952-249-4600. • t , MINUTES OF THE ORONO PLANNING COMMISSION NEETING Monday, October 20,2003 6:00 o ’clock p.m. 3. Approval of the hardcover variance. 4. Removal of all plastic and fabric landscape liner in planting beds. Hawn believed ^e entire project constituted a rebuild, pointing out that there is an abundance of hardier on the site. She urged the Commission and staff to fii^drfurther reductions in hardcovd While the applicant has volotj^ered to remove portions of the d*iv^>^y, Foth stated that further removals from the driveway would leave the hor-emroers with little usable driveway space. Mr. Tripp stated there were no changes tojihose levels and f.mher volunteered to remove some wooden steps on the site. Foth stated that the removal of^e steps would constitute'^ additional 128 s.f While she wished fo^unher reductions, Hawn acknowledged the applicant had done his best to find the ci^nt. .movals and she could accept these. / / Hawn moved, Rahn seconded, to recommend approval of Applicatioit^03-2953, Greg Tripp, 3229C Casco Circle, granting the average lakesbore setback, nardcover, and lake/Setback variances in order to change the roof line and pitch of tn^roof, add dormers, and aesthetically improve the design, subject to the removal of all mdscape plastic and liners, as well as, removal of the side wood wallovay. VOTE: Ayes 0. (#5) #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD, VARIANCE, 6:13 - 6:43 P.M. Page 3 of 41 ji-iiiirfMi ii Trata MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20,2003 6:00 o ’clock p.m.pf>- Scott Standa, the Applicant, was present. Gaflron explained that the applicant was requesting afler-the-fact hardcover and setback variances to allow the reconstruction of a rotten deck located at the shoreline attached to an existing accessory building. Variances required include: 1. Structure within 0-75’ setback zone, extending out over the shoreline (cantilevered 2-3’ past the OHWL). 2. Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75’ zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback Gaffi-on noted that the deck that was replaced was attached to a 12’x22* accessory building located 5' from the shoreline and nearly abutting the side lot line. The accessory building has been there for many years and has apparently been maintained in relatively good condition. Gaffron asked the Planning Commission to consider 5 kev issues: 1. Would the Planning Commission have recommended approval for the replacement of this deck had the application been made before the fact? 2. Does Planning Commission agree with staff that the 1992 photo provided by applicant casts doubt as to whether this deck was 8 ’ deep prior to its replacement? 3. The property has excessive hardcover in both the 0-75’ and 75-250’ zones. Is there any hardcover on the site that should be considered for removal if the application is approved? The surveyor identified 235 s.f. of landscape areas lined with plastic or fabric that are not included in the hardcover calculations and would be subject to removal if the application is approved... • f I Page 4 of 41 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20,2003 6:00 o’clock p.m. 4. Applicant paid the after-the-fact fee for the variance application. If the variance is approved, should an after-the-fact building permit fee be paid? Applicant claims he was unaware that he needed a pennit to replace an existing deck on the property... S. Does Planning Commission have any other issues or concerns with this application? Gaffron indicated that staff recommends denial of the application. In staffs opinion, if this reconstruction had been applied for before-the-fact, the encroachment over the shoreline and within 1 foot of the side lot line would have been questioned and likely not approved. He noted that the apparent expansion of the deck from a depth of 6* to 8* would certainly not have been approved. Gaffron maintained that, while the fact that the approval process has cost the property owner more than the project itself is unfortunate, but should not be a factor in determining whether the approval is granted after-the-fact. Maintenance and/or replacement of existing decks and lakeshore accessory structures is an ongoing issue along Orono’s 40 miles of Lake Minnetonka shoreline. GaHron stated that the Plaiming Commiss'on may wish to consider whether the current policies and codes are appropriate, or whether they need to be relaxed or strengthened. If approval is granted, Planning Commission should address the excessive hardcover on the property and make a recommendation as to removals. An after the fact permit should be applied for so the building inspector can confirm the construction meets pertinent building codes. Chair Smith asked if staff had reconunended to the applicant tfiat he consider a lockbox. Page5of4l ___1 L. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20,2003 6:00 o’clock p.in. Gaffron indicated that the discussion had not pursued that far, since it was the applicant’s intent to keep what he had. Mr. Standa volunteered to make additional removals of hardcover on the property, including the concrete slab behind the accessory structure, sidewalk along side of the home to the accessory building, and repair or removal of the crumbling lake access steps. Mabusth recommended the lake access steps be replaced for safety sake, smee the lot is a steep lake lot. Mr. Standa pointed out that the retaining walls would also be in need of repair in the near future. Hawn questioned the necessity of the fire pit and flagpole. Mr. Standa indicated that he would prefer to keep both his flagpole and fire pit; however, if it was mandated he could remove the fire pit. Mabusth questioned whether the LMCD would have an issue with the structure protruding over the water. Gaffron stated mat the LMCD may want to look at it if the posts are at or below the OHWL. If this application had come before the Commission before the fact, Mabusth asked the Commission what they would have allowed. She noted that she would have asked for the removal o f the slab. Hawn questioned whether they would have approved a deck on an accessory structure, and an even bigger deck than previously attached to this nonconfonning structure. She whether it was the Commission’s intent to do away with these structures altogether. Hawn P«ic6or4i 1 ----------^J i MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20,2003 6:00 o’clock pjn. asked what record the City has of the pre\ious deck size. While he felt that he probably would not have allowed it, Rahn stated that it w as not out of character of what is currently in the neighborhood. Mr. Standa stated thsv the deck has alwavs been on the struchve. GafFron agreed that, to everyone’s knowledge, the deck had always been there. He noted that research could be done to find the original paperwork. Rahn maintained that the cantilevered portion was new, and asked the applicant consider a straight replacement, without the cantilever, and minimum landing. Mr. Standa stated that he would like a deck to allow for safe exit from the sliding doors that have always been there as well. There was no public comment. Fritzler suggested the applicant remove the sliding doors and replace them with a solid window. Mabusth stated that she believed the applicant should be allowed some kind of access platform out of the doors, for safety sake, adding that a second exit is beneficial. Rahn noted that two accesses are not mandatory. In light of the removals, Mabusth stated that she fell a 4* platform was a fair compromise. Hawn questioned whether the deck and or struchire could be moved further than 1 ’ from the property line. Page 7 of 41 * » *' minutes of the ORONO planning commission meeting Monday, October 20,2003 6:00 o’clock p.m. me and has always M*«a, .cknowiedg^d ,ha, of U.. boaOH,us« m u,, neighborhood >, way- She reminded the appUcani ihu ,h. r , a ""ghborhood are the same to nonconforming straclures such as this. Mr. Siar-da asked how ,he stonn of 1998. which damaged several boaih, ■ntpacied .his policy. He questioned if d.e preceden, iad ahe'adVbr ”" Z::!^T soil erosion e.c are also set allowing th< acts of god’. While calasttophic events are exempt, Gaffion reiterated that the code f ■ tepair. He indicated that paintiag, ,d^„, allowabC ” Mabusth stated that she felt a 4 ’ landing was reasonable. Oaffron asked for fimher clarification, wheUier the deck was io be 4'Xd ’ with !• d access steps. oc a 4 wuh 3 wide Aesthetically, Rahn indicated that die deck should tun the entire lenath of .u • which ate approximately 6\ He suggested the Co • • ** Ps"o doors, access sairs 3' wide to the ground. Mabusth and Chair Smith concurred. Page 8 of41 I MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20,2003 6:00 o ’clock p.m. Gaffron reviewed the recommendation, which included the removal of the concrete slab fabric, and sidewalk along the side of the home, reconstruction of the lake path and retaining walls to be permitted for at a later date, and the fire pit and flagpole allowed remaining. Chair Smith asked if this was acceptable to the applicant. Mr. Standa agreed. Mabustb moved, Rahn seconded, recommending approval of Application ^03-2858, Scott Standa, 2659 Casco Point Road, granting after-the-fact variance approval for the reconstruction of a 4*X7 ’ deck and 3’ wide access stairs to the accessory structure, subject to the removal of the concrete slab, sidewalk along the side of the residence, and all landscape plastic prior to the final inspection; Duly noting that the structure is considered a nonconforming structure and limited structurai repair is aliowed. VOTE: Ayes 4, Nays 1, Fritzier dissenting. Fritzler slated that he neither supported the work being proposed to the nonconforming structure nor could support the after-the-fact request. (#6) #03-2923 STEVAN WAGNER, 3607 SHORELINMRIVE, VARLANCE, 6:43 - 7:40 P.M. Stevan Wagner, the Applicant, and Nortotv^im/; the Architect, were present. Foth reported that the applicant has suhimtted an application for a building expansion and remodel in the B-1 Zoning DistrieJ/As per City Code Sebti<m 78-642 any application for a commercial building permit ppGfmpts a site review by the Pianmhg^Commission and City Council. The applicant has requested the following: 1) Commercial site plan review in order to obtain a building permit to remodel and Page9of41 • • ^ 1 % Date Application Received: 12<1(M)2 Date AppUcatioa Considered as Complete: 8-26-03 60-Day Review Period Espires: 10-26-03 To:Chair Smith and Planning Commissioners Ron Moorse, City AdminisTator From: Date: Mike Gaf&on, Planning Director October 17,2003 Subject:^02-2858 Scott Standa, 2659 Casco Point Road - Variance (After-the-Fact) - Public Hearing Zoniog District: Lot Area: LR-IC Single Family Lakeshore Residential, 1/2-acre min. 0.29 acre (12,815 s.f.) Application Summary: Applicant requests after-the-fact hardcover and setback variances to allow the reconstruction of a deck located at the shoreline attached to an existing accessory building. V'ariances required include: 1. Structure within 0-75' setback zone, exteitding out over the shoreline (cantilevered 2-3' past the OHWL). 2. Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback. Sta^Recommendation: Staff recommends denial If this reconstruction had been applied for before-the-fact, the encroachment over the shoreline and within 1 foot of the side lot line would likely not have been approved, in raff s opinion. List of Exhibits A • Application B - Letter of Request 11/4/02 C - Existing & Proposed Survey/Site Plan D - Submitted Deck Plans E - Submitted Hardcover Calculations F - Correspondence 2001-2003 G - Photos H - Property Owners List I - Nei^bor Acknowledgement Form J - Plat map Background In June 2001 Building Inspector Marc Da%*is found that the deck adjacent to the lakeshore accessory building had been replaced, and he advised the owner that a permit was needed for such work. In July 2001 the owner applied for a building p ermit and was advised that because the work was within 75' of the shoreline a permit could not be issued and it would have to be removed or a variance application would have to be filed to see if Council would allow it to remain. On August 14, 2001 the owner filed an incomplete variance application, lacking most of the necessary' information to process it. This matter remained as an open violation file and the next communication between applicant and City was in October 2002, whic’.i resulted in a new variance application being filed in December 2002, but still lacking an up-to-date surv ey. After a flurry of discussion between City and applicant in May'June 2003, a survey was submined and the application considered as complete in late August 2003. ■ • rMliiX «02-28S8 - 2659 Casco Point Road October 17,2003 Page 2 LOT ANALYSIS WORKSHEET Lot AreaAVidth! LR-IC Required Actual Lot Area Lot Width 21,780 s.f.(0.5 acre)100' 12,815 s.f. (0.29 acre)60' Deck Setbacks; LR-IC Lakeshore Rear (Street) North Side Right Side Average Lakesh ore Structural Coverage; Required IL 10' 121 (No Encroachment Allowed) Existing 21 <r 4S' Proposed £ <r 48' Total Lot Area Total Structural Coverage 12,815 s.f. (0.29 ac.)Allowed: 1,922 s.f (15%) Existing/Proposed: 2,743 s.f (21.4%)* *Dcck in question docs not cor*ctuts lot coverage as it is not 6' above grade. #02-28SS - 2659 Casco Point Road October 17,2003 Page 3 Deck NoDcoDformlties The deck that was replaced is attached to a 12'x22‘ accessory building located 5' from the shoreline and nearly abutting the side lot line. The accessory building has beer, there for many years and has apparently been maintained in relatively geed condition. The deck extending from the end of the building towards the shore was replaced by ±e applicant in April 2001, per applicant ’s statement, because the old deck was rotting away. The City has no record of the pre-existing deck, either on old survevs or in the assessors records. The January 1992 photo submitted by the applicant shows a deck at this location, although the deck in that picture appears to be not as deep as the rew deck, and is perhaps 6' x 12' rather dian 8 ’ x 12’. The old deck had posts at the perimeter, the new deck is cantilevered 2‘ past the posts, and extends over the water. The deck is located less than one foot from the side lot line. Cit>- code would generally not allow an accessory deck with a railing to be less than 10* from a side lot line. The neighbors have indicated they are aware of the construction. The deck as it exists today comprises apprc.x ’mately 100 s.f. of hardcover including the steps to it Part of this hardcover is over the lake. Citv- cede allows no hardco\ er or structures within 75’ of the shoreline, except for one 4 ’ wide stairway; a lin; landings of no greater than 32 s.f.; and lock boxes. Total existing hardcover in the applicants 0-"5’ zone is 16.24%, consisting of: Acce.«soryBuiiuliig 22.1'xl2.r Concrete stab adjacent to building (.^rprox 12x18) Retaining Walls Stone walkway and landmg Deck at shore incl steps (portion over land) Stone & wood borders 267 s.f. 208 s.f 87 s.f 71 s.f 84 s.f 27 s.f 749 s.f / 4580= 16.24% Hardship Statement Applicant has provided a hardship statement in his letter of request (Exhibit B), and should be asked for his additional testii.nony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the comm unity, existing and anticipated traffic condaions, 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 uith the spirit and intent of the Orono Zoning Code. #02*2858 - 2659 C?3CO Poibt Road October 17,2003 Paged Stt •“ «>' cri«ri> for -undue h^dship' 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. bjfte ™S ‘conwls if “sed under condiUons allowed The property can be used reasonably if the variances are denied. * Jandou-ner is due to circumstances unique to his property not created by roper “The variance, if granted, will not alter the essential character of the locality ” ne variance will have little impact on the character of the locality, but will not ie keeping w///i City goals for lakes hore properties. “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property e,\ists under the terms of the Zoni.ng Chapter.' Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for Not applicable. use rson's Ab/ Applicable Jhe special condhions appl^ng to the structure or land in question are peculiar to such property or immediately adjoimng property." 77ie rumn, code limidng the me oflckeehocepnpercy epplim ,o neighboringpropenia. S'“oS.“'’° or struclurcs in ihe district in which snid The coning code limiiotions apply la allpraperiies wUhin the Sboreland Overlay Disiriet IJi?! « n««ssai> for the ptesets ation and enjoyment of asubstantial property right of the applicant.** The property owner does not have an inherent right to replace in kind a nonconforming structure when it has reached the end of its us^l life. IL» ^ I M02-2858 • 2659 Casco Point Road October 17,2003 Pages 11.“The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” Granting of the variances would be in conflict with the intent of the Zoning Code, the intent ojfwhich is that no new structures be allowed within 75 ’ of the shoreline, andthat existing non-conforming structures eventually are removed by attrition.. 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.’’ It is staff"s opinion that granting of the after-the-fact variances would merely serve as a convenience to the applicant. Issues for Consideration 1.Would the Planning Commission have recommended approval for the replacement of this deck had the .aoplication been made before the fact? 2.Does Planning Commission agree with staff that the 1992 photo provided by applicant casts doubt as to whether this deck was 8' deep prior to its replacement? 3.The property has excessive hardcover in both the 0-75' and 75-250' zones. Is there any hardcover on the site that should be considered for removal if the application is approved? The surveyor has identified 235 s.f of landscape areas lined with plastic or fabric that are not included in the hardcover calculations on p. 2 and would be subject to removal if the application is approved... 4.Applicant paid the affer-the-fact fee for the variance application. If the variance is approved, should an after-the-fact building permit fee be paid? Applicant claims he was unaware that he needed a permit to replace an existing deck on the property... 5. Does Planning Commission have any other issues or concerns with this application? Staff Recommendation Staff recommends denial of the application. If this reconstruction had been applied for before-the- fact, the encroachment over the shoreline and within 1 foot of the side lot line would have been questioned and likely not approved, in staffs opinion. The apparent expansion of the deck from a depth of 6' to 8' would certainly not have been approved. The fact that the approval process has cost the property- owner more than the project is unfortunate, but should not be a factor in determining whether the approval is granted after-the-fact Maintenance and/'or replacement of existing decks and lakeshore accessory structures is an ongoing issue along Orono’s 40 miles of Lake Minnetonka shoreline. The Platming Commission may wish to consider w hether the current policies and codes are appropriate, or whether they need to be relaxed or strengthened. If approval is granted. Planning Commission should address the excessive hardcover on the property and make a recommendation as to removals. An after the fact permit should be applied for so the building inspector can confirm the construction meets pertinent building codes. CITY OFOROyO - VARIANCE APPLICATION Initial /^plication Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application # OJi Date Received I a Amount PaId<$ggO . PROPERTY INFORi\LATION Site Address-----2LS~9 Casc-o Pt . Pj Ihp./Iqtp I Property Identification Number (PJ.D.) Pn - //~y- • QO z 2. AtUch legal description to application if not mcluded on requimd sur\ey. Date Propem:^cquired _______^ \ ftX*** ________ I (do)Iso own the adjacent parcels of land. Present use of property: v>^^idential ___pother (specifr) Zoning District: _________ (month/year) APPLICANT Name Address: 26JT /V. Phone (home ) ^T2 '■V7/-iV'77 ____ Phone(work)__?/2_2V^-/£^_ City :_fv^y 2j>rc______Zip: SSSU OWNER (if different than applicant) Name Address:City: Phone (home) Phone (work)_ Zip:. DESCRIPTION OF REQUEST^ Esrimated Construction Cost S cq Describe request m detaU: ric.^k *Vx A~o^/. Ct-JV.g trArf J (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width ___Hardcover Lot Coverage Setback:Front---- — — S‘de __Rear ___ Average Lakeshore j^__ Other (specify) /^€Ci9 g.jr/yr-/« i Ji. — eJ> -i* ’ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirwients: ^ J ^ __r/e.4^4:. ft of, l/^/V ^ O/x./ ir JT t ^ (attach additional sheets if necessary) M r> o o o kj o j? •• REQUIRED SUB\nTTALS All cf the following information must be submitted bv thg applicarion deadline date in order for vour application to be coinidered complete: 1. 2. 3. 4. ^ 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/a" x 11" for reproduction. Topographic survey (e.xisting and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of floor & elevation views provide one (1) copy S'/a" x 11"). List of the legal names (include marital status) of all persons with an interest in the propertv". This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Propert>- Owner must sign this application. Please remember that yonr variance application is not complete If the above information has not been in :luded. APPLIC.\NT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administttor, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant’s Signature ^Date /O/Xn/dl. OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the propertv’ by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. lignature ________Owner’s Signatur Date /c/ll/ny Applicant must have all submittals into the City offices 25 days before the Planning Commissicn Meeting. Planning Commission Meetings are held on the third Monday of^each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized age.tt attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. r 1 *;• * ir « f.-. ;; ?• .•% > 'ti 3ool ^p€cia fists anJ Sut^sons^ S. SCOTT STANOA. O P.M.. F.A.C.F.S. MICHAEL O O’BORSKY. D PM., F.A.C.F.S. 287 MAPSCHALL PD.. SUITE 106 8HAKOPEC, MN 8S379 TCLCPHONC: (992) 449-5990 FAX: (9921 449-9994 E MAIL: STAN0A0PM@A0L COM 290 NORTH CENTRAL AVC.. SUITE 914 WAVZATA. MN 99991 TELEP monc (992)476-1976 F ax (992) 476-7494 E-MAIL; STAN0A0PM@A0L COM November 4,2002 Lyle Oman, Building Official City of Orono Municipal Offices 270 Kelly Pkwy Orono. MN 55356 Dear Mr. Oman: This letter is just a follow up of our conversation of the 21“ of October and it also is in response to your letter of October 17.2002. This letter is more to give you my understanding of the chronology of this so that we are in agreement on this. My boathouse deck was replaced in April of2001. I did the work myself. Cost and materials was approximately S900. I replaced the deck because it was rotting and I believed it to be a danger. The dimensions to the deck were not changed when I replaced it. The deck does have a railing that meets code I failed to get a permit to replace the existing deck because quite frankly I did not think I needed to get a permi* to replace an existing structure that did not change the dimensions. However, because of an inspection by someone r ^ ^ ^ application for a retroactive permit in July of 2001. With this I sent a check, which was twice the cost because it was a retroactive permit I also provided documents, sketches and photograph of the pre-existing deck. I did not hear anything about this until your letter of October 17.2002. So. in sum.Tiary. approximately 15 months went between my application for a retroactive permit with check included and this letter that I received from you on October 17. I know you are very busy with all the construction going on and that you arc overworked with all the issues under your jurisdiction. I do not have to walk very far from my house to look at houses that are blotting out the sun that have been recently remodeled, so, my question would be. what happened? Again, my position in this matter is that I replaced a pre-existing deck with dimensions at the pie-existing dimensions and the deck was replaced because it was structurally unsound. 1 did the work myself and the cost of material was $900. This has now taken 15 months to resolve for actually no change in my property. I would like this resolved at the soonest possible time. Sincerely, S. Scott Standa, DPM SSS/soap/sb Mailing Address : P.O. Box 66 Crystal, MN. 55323 n i j I O h OotoS OF LOT 137. SPRING PARK HENNEPIN COUNTY. MINNESOTA C-2_ ^Kiz. s;>ea^ [NNETONKA G PARK BAY 929.4 CONTOUR UNE ■UUM ,4SS»uc tY 0.1 ! .;o roccK f- ail tf EXISTWC / BUK.0INC CONCRE ®**?v rsreps^, WOOD ^ ST£F ^ STOIC WAU STOIC 79*00 '00« o o<v/SSou a'V'' 8ASC encKrvc RINC 3o^ 75' SETBACKv-j LINE .oosc-uo. STONES X Wl TE^ft~~r- .SURVEY) LINE mi STOIC RHAiM WAU ; 137 STOIC fVCTAMNC WAa DECK fC 75 Loose- stoUs -aPJ a:^° <0/^^“------- EXISTING HOUSE ' #2659 oj ............... 2-7 79»00'00« On fU. TC OOSOdt ^ V i %r^ •EXISTING GARAGE __________ '•v / LEGAL DESCRIPTION OF PREMISES : Lot 137, SPRING PARK M'' o : denotes iron morker BeorinGS shown ore based upon on ossuned dotifn. ^ i LiA«jrlc — ^ 4 tic^Ly- « ••*- -. .-nr ■i : I*• *1 I • % { ! II i• • > • • • •- •. 1 1 I • I * I . ♦ »i J f• • Ir. I’• • !* I• •• I.. I I* I • i.i • • I 1^0 ^ 5^,1 W. To p 1 u.-, cJ «- f- Ic . ol r-C|^ l«»cg<r 4k«. \ VvC. cJ I rv\ I 0^ ID rC- IVa V\l*v4U \p tf,C. ^c J f f I Scott ^ Sr^r^o/f 7-IS-03 Lot i37 ^ SpRtHfr Pa<?i<- HAwnrnvE^ ca lculation \V01U<SUEET SETBACK ZONE: {CIRCLE ONE) CO-7^ 75-250* 250-500* EXISTING HARDCOVER INTONE A. House UnfU X X X B cy^e C. Dri\‘ewiy X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X C. Other TOT A • T TOTAL HARDCOVER IN ZONE PROPERTY AREA IN ZONE * B PROPOSED RARDCOVER IN ZONE' A House _____________ Unfih V X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X 0. Other TOTAL K^RDwO -cR IN TOTAL PROPERTY AREA IN ZONE A ____________ ▼ B JLLl wie-ji m m m m m m m 0- N IOC WiAh X ICO SOO-1000* 7A7 206 lU 27 U.24 BUILOIJUOt S ? ’ AT StlOJZ^ Sr SF, HEf(T TO ^ SF. 97 sF ~ Walls S.r. S.F. - _ 5T»NE WAu4 "iMa.iANOiN(& S?.~DECKG^iif SF. ina. <,TCPS SF. SF. SF. S F. - SF. A SF. B % S.F. SF. S.F. S.F. Sr. SF. c - SF. S-F. S.F. SF. SF. SF. S.F. S F. SF. V. A 3 5 7-2J-OJSVidTT f I rcm£- S tance ■' “I»*CK ZONE, V,is;«v 250-500* 500-1003' -JS24> r EXISTING H AltDCOvri^ ||sf A. House . L ot 137^ SPRlNfir tcngih -JAd X Widih -Z.5* B. Garage C Driveway ZZ.^Z0.3 X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain By PUstic Or Fabric X X X G. Other RCTifiJs^o' 6<?/o^ : "2, ^------------------------------ B PR<^?qsf i) HAknrQVEft in X 100 Lcn^ili Width X X X B. Garage C Driveway X X D. Sidew'alk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X :2±S.--SHfO Sr. -Ate ^53 c r . 277 £- ^lActtrop 42S 5T0NC U/AU<. ir.~COt4CjQa%CK ilOOP S .-.-DfCKf STt-'^ S.-. 100 M _ F«^T/<»0b S r - of^ S r. - mmtm cf- CiiOC S -*- - Tilu-tstit 3?g/ 82 ^q- 5E?4 S.- A S..=. B S.?. S.r. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. G. Other total HARDCOVER IN ZONE total property area in zone ^_ _ _ _ _ _ _ __ ♦ B S.F. XICO - S.F. A SJf. 3 V* .L i? Jk hi.i r t • F- DATE TIME CITYOFORONO INSPECTION NOTICE PERMIT NO_______ CAUEOIN SCHEDULED COMPLETED /f VVn ADDRESS OWNER _ fr- CONTR. TELEPHONE NO. k! i -j1 q: §2 DESCRIPTION. 01 footing 02 FRAMING CJ INSULATION C4 WAU BD C5 FINAL 07 OEMO-SITE 07 CEMO - FINAL C9 PLUMBING R1 10 PLUMBING FINAL 11 MECHA>JCALRt 13 MECHAN'CAL FINAL 24/25 WOCO BURNER/f IREPLACE 12 WATER •-OOK-UP 14 srAER kx :k up 27 SEPTIC MA.NT. 15 SEPTIC install 23 SEPTIC rj^AL 18 EXCAV/GRAOING/FILUNG 19 lakeshorea /vetlanos 34 TREE REMOVAL 17 SITE INSPECTION 06 PROGRESS 21 COMPLAINT 22 FOLLOW-UP 35 HARO COVER REMOVAL 36 FOUNOATIOM REMOVAL OWNER/CONTRACTOR TO MEET YOU:___YES___NO g6^M^TS: . t^LureX, 'fg O k. kj R: CcpM QC. I r: ::3 Q ki r : kj Q8 C WORK SATISFACTORY PROCSEO C CORRECTWORK A PROCEED ^^RRECT WORK, CALL FOR REINSPECTICN /Before COWERING C CORRECT UNSAFE CONDITION WITHIN______HOURS. INSPECTOR WILL RETURN □ PROJECT COMPLETE O ISSUE CERTIFICATE OF OCCUPANCY ________TEMPORARY ________PERMANENT C STOP ORDER POSTED. CALL INSPECTOR C INSPECTION REQUIRED. CALL TO ARRXS3E ACCESS. O PHOTO TAKEN □ aTATION ISSUED Call lor the next inspection 24 hours in advance. (952) 249*4600 Owner/Contractor on site:_____________________________________ Inspector. --------------------------------------- Whilt CopyOAtptclof't FQ6 CffiAry Copy/Sllt Nofte# GITYor ORONO Mnnkiptl Ofliccs StttttIMnsi: 27S0 Kcltv Paikway Oram. MN SS3S6 Mailiai Udrais: P.O. Bn 66 Cnrstil Bay. ICI 55323^065 July 11,2001 Scott & Irene Standa 26S9 Casco Point Road Wayzata, MN 55391 Re: Boathouse Deck at 2659 Casco Point Road Dear Mr. 8c Mrs. Standa: This letter is in regards to the boathouse deck that was replaced without proper authority from Lhe ity of Orono. Pl^e contact the Zoning Department at 952-249-4600 or remove the deck bv August 1,2001. If you fail to do so, legal action will be taken. Sincerely, Marc Davis Building Inspector Td«plioM(»S2)24M600 • Fax (952) 249^1f mtonwo.inn,in -------^ f . GITYorORONO Municipal Oflkts StmlAMnu: 2750 KcOv Parimny Onoa, Ml SS3S6 Maini Idtfnss: P.O. Ba W Cf/Jtil Bay. Ml 55323-:::; July 18.2001 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN SS391 Re: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: The City has received your after the fact application for a Deck replacement on you: property. Unfortunately the Deck is within 75 feet of the lake where no structures are allowed. Therefore the City must require removal of the Deck or submission of a variance application to see if the City Council will allow it to remain. Please review the enclosed variance applicaticn and contact tltc Zoning Department to discuss submittals. If the deck is not removed or if a co.T.plete variance application is not received by 08/18/01, legal action will be started. If you have any questions feel free to contact me at my office. Sincerely, Lyle Oman Building Official Enc. Variance Application LO/mj Trieplum«(952)24M600 • Fas (9S2) 24M616 WWSMlMOIMJmUIS ^ ■*— ( ^<yr ‘ ^>' ■' 5 /M ► : '.> . •' .4‘" i.- ;• -j S Va*. Af? f AppUcation # ^ / -e>^ pi Date Rccehtd 5». - iC/.Qf Amount Paid ____ mM R2CSV2D m5 t 4 200i CITY OF OflOMO property inforaution Site Address^ d C, T9 Cc^^, /r. ^ Property Identification Number (P.I.D.) Attach legal description to application if not i-* Date Prppertv^cquired 9 f I (do) ^oj^oijJaiso ox\7the adjacent parcels Present use of propert>-; t^residentia! Zoning Disinct: ----- \tKA , . -scv.; On required survey. .(month/year) ••-A*(specify) APPLICANT Name _sJ~’S‘.vtt. Address:_Z4 y? p, „ . f7~^ «Q C;7: OWTsTR (if different than applicant) Name _______ Phone (hoT.e) Phone (work) y/-^- _______Zip: STJ9/ Address:C::y Phone (ho.TieX Phone (work)_ Zip:. description of request Pc '--. . ^ Describe request in detail: vP I o.naL-uction Cost S_ Q60. g^yp^ -rU ^L., ^~*P;----7 Oak (attach additional sheeti if necessary)■K»P<i t-blTf^ AU'T' VARIANCES REQUIRED -----Lot Area Lot Width Hardcover Setback:From Lot Coverage Side Rear Oder (specify) ) co™l,jn« «,6 Zorl-.j Coij requi.-iments: ' ~A,- ' ----4^*^ 7 /1 t'f£.--------U. / ^ ^ 7“ ^ , -^- ntr u>M . Average Lakeshore e.<J\cL C'J tS^>^ J A ^ ^ \/jL conditions preventing U/m J f '>/Jc #2 (a-ach additio.nal shee*j if necessan,-) C% ^ --fl r & 1^0 ri - i . •# z i H _i a, A A % /W JT< /ffjpctsip ^tt.rurc. F'S: !<i- .5 tei^aeuAfl . > rfli-k ^ SETBACK ZONE: EXISTIWC HARDCnVFP ll^ A. H oum ______________ jj 500-1000'F'U Length Ihldth B. Garage C. Driveway X X X D. Sidewalk /J A/ ^ Q E. P«lo/neck hio^^ ^r/i X A/pr /Jook^i^^ S.F. s^. S.F. SJ. SJ. y _SJ. _SJ. TJ'^JF. Landscape Underlain G. Other o/e.c^ £~Tkt, Ah J. k /J / SJ. SJ. SJ. SJ. SJ. A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ______________ + B ___ -_____________ + B X 100 X too SJ. SJ. A S.F. B ERQPQSED HARDrovrR tm A. House Length U1dih B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic O. Other X X X X X X X X X X X X _SJ. SJ. SJ. .SJ. .SJ, SJ. SJ.■ SJ. . SJ. SJ. S.F. SJ. SJ. SJ. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ------ ♦ B#2 X too SJ. SJ. A SJ. B % HAR OVE SETBACK ZONE: (CIRCLE ONE) U.CULATION works : et ’ 75-250* 250-500’ 500-1000* EXISTINC HARPTOVER IN ZONE A. House Length Width X X X B. Cange C. Driveway X X D. Sidewalk X X E. Patio/Dcck 9'X X F. Landscape Undcriaui By Plastic X X X G. Other A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _____________ B •___ B PROPOSED HARDCOVER IN ZONE A. House Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck 9‘X X \V F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ ♦ B r:. • y • X too X 100 9(o % X 100 - r; rc "iT — • •• . • • • •• . ST. S.F. ST. ST. ST. ST. ST. ST. ST. ST. ST. ST. S.F. S.F. ST. S.F. A S.F. B % ST. S.F. S.F. S.F. S.F. ST. ST. S.F. S.F. ST. ST. S.F. ST. ST. ST. ST. A ST. B % I • • • • • •r i E-6 n<ltfilliili rllifli' ► CITY of OROXO Mooklpal Onica StnftMdrus: 2750 Kcitcy Parimy Orono, MN SS3S6 H^of AMrin: P.O. B« 60 Crystal Bay. MN SS323-0066 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN 55391 RE: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: On 7/18/02 this ofiice reviewed your after the fact pennit application for replacement of a deck on your property. You were notified at that time that the deck replacement was in violation of the City Ordinances. The City required removal of the deck or submission of a variance application to seek City Council approval. As of this date the issue remains unresolved. Therefore the City must again require you to remove the deck or to submit a variance application. A deadline of 11/01/02 has been established. If this deadline is not met the City will initiate legal action. A court appearance will be required. If you have any questions feel free to contact me at my office. Sincerely, Lyle Oman Building Official Rd Enclosure Tdepheoe (952) 24M600 • Fas (952) 24M616 www.cLeroiiejnnju F-tO GITYoT Moaklptl StottMirass: 2750 Wkf Partway Orane, MN SS3S6 November IS, 2002 MOnu; P.O. Bat 60 Ciyrtal Bay. MN $5323^66 S. Scott Standa 2659 Casco Point Road Wayzata, MN 55391 RE: Boathouse Deck Dear Mr. Standa This is in response to your letter of November 4*, 2002 A Review of your street file shows the following chronology; “ ° deck or contact Building ° wSn"';:Sfa - ■” ''“■' o 7-18-2001 . Letter from me informing you that no structures are allowed within 75* of Th. r ..if “® explaining the issue is unresolved. 12.02. S: SlyMnnicipnl Cod.Section roccss ease Sincerely, Lyle Oman Building Official LO/dml Enclosures Tdcplioiit(9S2)24M<00 • Fax(9S2)24M414 wwwecLenHMMiuuis F-tl crnroT OROxo Munldpal tjnr Stmt Mdrass: 2750 Kelley Parimray Onno, MN SS3S6 Maillag Udnu: P.O. Boi 66 Crystal Bay. MN SS32^66 REQUEST FOR FURTHER INFORMATION December 19,2002 Mr. Scott Standa 2659 Casco Point Road Wayzata,MN 55391 SUBJECT: Zoning Application #02-2858 The City of Orono is required to notify you within ten (10) business days as to the status of your application for an after the fact variance for property located at 2659 Casco Point Road. Below* is a list of items ths City of Orono is requesting to complete our reviewr: . 2 original surveys, (certificate of survey, signed by licensed surv eyor) of an updated survey indicating the location of the lakeside deck on the property. o All existing and proposed hardcover shall be calculated on the hardcover woriesheets that are enclosed, llie hardcover calculations must be completed by your surveyor. <7 A certified property owners list, mailing labels, and plat map of all property owners within 150’ of your property. You can request these items from the Hennepin County* Department of Finance at 612-348-5910. Application #02-2858 is incomplete. If you wish to proceed with your application please submit the items requested above by Tuesday January 8, 2003 to remain on the Janua^^ 22,2003 Planning Conunission agenda. Please call me at (952) 249-4600 should you have any questions. Sincerely, Wendy Bottenberg Zoning Administrator/Planner Tdcphoo«(952)24M600 • Fax (952)2494416 www.cU>rooojno4» f.ii. GITYofOROXO . Municipal Offices Owno. MN 55356 _ ^ May 2,2003 Scott & Irene Standa 2659 Casco Point Road Wayzata,MN 55391 RE: Boathouse Deck at 2659 Casco Point Road Dear Mr. and Mrs. Standa: on your property. You were notified at that time that the deck renlar^m. * ***‘^/ th. Cily OrdinmcM. He City required removal of thrdwk or T " ^ ^.plicmion m reek ci» Council appurval. As of Uu, da^^e“ S ^esSir Sincerely, Michael P. Gafnon Plaruiing Director - ^ Tdepbone (952) 249^600 • Fax (952) 249.4414 '•^wxLoronojninif II ■P'12. CITY of ORONO Mankipal Offices Street Addreu: 2750 Kelley Parlmray Orono, MN 55356 ieiling Address: P.O. Box 66 Ctystal Bay. MN $5323-CC;6 September 26,2003 Scott Standa 2659 Casco Point Road Wayzata, MN 55391 SUBJECT: Zoning Application ^02-285S Dear Mr. Standa: This letter is to notliy you as to the status of your application for a:: after-the-fact variance for deck replacement on your property located at 2659 Casco Point Road. Our preliminary review indicates that your application is considered complete now that the sur>ey a::d hardcover calculations have been submitted. Your application is scheduled to appear before the Planning Comirussion on Monday, October 20, 2003. The meeting begins at 6:00 p.m. Please make sure that >ou or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me or one of the City Planners at (952) 249-4600 if you have any questions. Michael P. Gaf&on Planning Director cc: Ntelanie Foth, City Planner Janice Waataja, City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 innrxLoronojna.us i bII'V ^ :<^, . A { .UG^'tl •fSBL .>,.*' I . ' ..>«^- ____:: syr-- V'<•-••*‘■r.,3 ./r^7t'gSssta Bl^l# Ifepi ^1 1 m'i m %* V- ’ ^ V-V l * I iw p S ¥mi Jiy A.-:rrv SLiS i i. - . . *t Vv^^. • >’V v/v3B \ i ii jSPSs'' * -••fiw «., I I.A4 ■?«! V ’ m V AT t- t‘^7'wm ft* ■ *- *' ^ - :^r-- ^ mjswi mf: *,>^ iy ■V'** ‘-.•;9i / p '• ’. -i *«* I..T^I i^;s MR ^::\4fe. rv;R.^r/*‘T';n:i- ' . \j ;'*r:'T.i..: •A < ' rrf’Jir^ “Jii'-riv.II •*-A •■ w AWi ifji- . ■ T 4i-v. ■ ■•’^ jVrllflr^ riKili fl! Mil, 11 !•'■'' i ' . "" • Vr v*-\^ .'^ • * I ' ' 'J. K. . . •:< f.‘ '•-. «• ' **••> . ‘.V I p.1^. ^ :» «* ','1 •■ \ , .. ^ ,^io. f\KOTO <:ufifcA.\TncA ^7 Mf^lAtMTT fcii njafTliin !'*-■• K •UN MTE 12/25/92 ■ATCN sai "™"“ '“SSrJSTSiE'SS''"''”™ «»0f AODR ONNCR NAME TANrAVER NANE/APOR M 2«-117*2S 2S •••! •2ARS CASCO POINT RO ® i.5”«S“N I S P ERICKSON M*MW i * f ERICKSONPO RON SS4 WAVZATA NN S55«l report no. PI4SS4tI PACE I 30 2a>117-2S 2S t»2« •2477 CASCO POINT RO A 0 KLUIS • S V KLUIS A 0 KLUIS I S V KLUIS 2477.CASCO POINT RO WAVZATA NN SSSn SO 2t-117~2S 23 ••21 •244S CASCO POINT RO . C R SNUTTS • N 0 SNUTTS cm R • NARZLVN 0 SNUTTS 2*45 CASCO POINT RO WAVZATA NN 55SRI PMP AOOR OWNER MANE TAKPAVER NAME/AODR 3* 24-117-23 25 ORZI •245T CASCO POINT RO S S STANOA t I S STANOA S S STANOA SIS STANOA 2455 CASCO POINT RO WAVZATA NN 55391 20-n7-25 24 •••2 •2440 CASCO POINT RO irSiST™ WAVZATA NN 55391 30 2a>117-23 24 OROl •2404 CASCO POINT RO ® « L F WUNKLEMWIO L RUNKLE 2404 CASCO POINT 00 . WAVZATA NN 55391 PROP AOOR OWNER WANE TAXPAVER NANE/AOOR SO 20-117-23 24 OOZO •2449 CASCO POINT RO JULIANNE N SCNERVEN . JULIANNE N SCNERVEN 2449 CASCO POINT RO WAVZATA NN S5S91 SO 20-117>23 24 ••39 •2445 CASCO POINT RO NJ CREENE • A K CREENE WORNA GREENE A ALAN GREENE 2445 CASCO POINT ROAO WAVZATA NN SS39I SO 20>117>23 24 ROSt •2435 CASCO POINT RO HARILVN 0 TNORNE NARILVN 0 THORNE 2435 CASCO POINT RO WAVZATA NN SSS91 J 'i’• •/ f 'i- PROP AOOR OWNER NANE TAXPAVER NANE/AOOR 3* 24*117>SS SA ••3<t •244« CASCO POINT RO J W • 0 J ESSEN JEPFREV I OAROARA ESSEN 2440 CASCO PT RO WAVZATA NN 55391 00total oatch 591 •••!•M CQ «SSS2«'SJ S'.JJJS.SS'STJS.S {Sri.” ** '«* DATE il • Adjacent Property Owners' Acknowledgement Form I (''"C) of ^CV9 ^ [prim name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at r..^ s also referred to as Land Use Application No.________ 1 (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date IO OA Date I (we) Co ej /» ^ f /y^ «/7 /1, Tfs of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 2Cr^ , Fr. also referred to as Land Use Application No. _____. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. /O ~ —O Date 'A iu~ V~ ^ 17 iO • Property Owner Date If you have any information that may assist tlie City in the review* of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. .MOC•• • r: ^ • 8 T^pai^r Services Departmonf REQUEST FOR COUNCIL ACTION CONSENT AGENDA COUNCIL MEETING NOV 1 0 2003 CITY OF ORONO DATE: November 4,2003 ITEM NO.: g Departroeot Approval: _ . Name Michael P. Gaflron^^AAn Title Planniiig Director Administrator Reviewed:Agenda Section: Zoning Item Dewription: Minnetonka Power Squadron - 2003 Joint Use Dock License (Renewal) List of Exhibits A - Resolution B - 2003 Application We are in receipt of a renewal joint use dock license application for the Minnetonka Power Squadron. The application was apparently not routed to the right Power Squadron member so as a result it was returned late, and they have paid the appropriate late fee. The application exhibits no changes fiom previous licenses. There have been no complaints regarding this joint use. Staff recommends approval of a 2003 joint use dock license for the Minnetonka Power Squadron. COUNCIL ACTION REQUESTED: Adopt the attached resolution granting a 2003joint use dock license to Minnetonka Power Squadron. Proposed Motion: Moved by__, seconded by__, to adopt Resolution No.____directing staff to issue a joint use dock license to Minnetonka Power Squadron for the period of January 1,2003 to December 31,2003. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY L 2003 TO DECEMBER 31,2003 WHEREAS, the City of Orono, hereinafter "City" is a municipal coiporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City w hich, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD. DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists bctw'een and is shared by riparian ow ners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian ow ner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with alt other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the Cit\ Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. 2003. Adopted by the City Council of the Ci»y of Orono at their meeting on the 10th day of November, ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ., 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 1: lilllUUUaBMaii n CITY OF ORONO EXHIBIT A RESOLUTION NO. rONDl nONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: Rebecca Skelley, Treasurer Address: 5935 Stonebridge Rd., Minnetrista, MN 55364 ' Licensee is:unincorporated homeowner's group incorporated homeowner’s association unincorporated club or recreation group X incorporated club or recreation group other License Period • January 1,2003 to December 31,2003 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits Band C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Lower Lake 45 J mil I nn Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to fUll compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Compliance with conditions of CUP Resolution No. 3416. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. RECE'.VsD CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 .mi 15 2Co:. cut Uf UHONO LICENSE YEAR 2003 CITY USE ONLY Date Form Mailed to Licensee January IS, 2003 Dale Application City*7 Fee Received 5 By Employe!^ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... Joint use (of any lakeshore property) without first having obtained a license therefor from the City.**_________________________ Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. I. ASSOCl.ATION INFORMATION - 1. Association title or name (if any) p~' P •> t J i ' t ■ o'"m ' • ■__________________ Bay____________________________________2. 3. Lake Person responsible for this application: f _ tName r ^ ^ ' <Phone I'. 2 - ‘•H ■)' >y • 1 '•/ Mailing Address * 1 ^ 11\ . *1..! ^I ‘ * Relationship to association “T r 4.Association is (check applicable items): ___ unincorporated homeowner's group. K unincorporated club or recreation group. ___ incorporated Homeowner's Association. ___ incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): ____ provide boat moonng and lake access for residential properly. ____ provide swimming access, beach, or offshore dock. 6. Y provide a club or association gathering place for activities. Dock is located on (check applicable item): ___one member's pnvate property. ___property leased by the group/association. easement or outlet owned in common. V property owned by the group/association. Page I of 4 n i•I ‘ liSiUi 7. 8. List Dock location and ownership information: Street address __^5^0 ' \ Legal property description '{'fCO^A PID#^^-3. - I \ 1 ^ ! Listed property owner(s) 0" r i-.r >> Vor\t!,:■/* ,V,;Y —f ••/I, ^ Names/addresses of abutting lakeshore property owners: (NorthAVest)________________________________ ISouth/EasO Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner ’s homeowner ’s policy. separate group/association owned policy. Name of insured fA* • iv. ; . /r w Name of insurance carrier (.Tia H - ;r ' Name of insurance agency |i\l/ orx.c/ V</l.Lt'ri. .(mc___________ Policy No. OZhOH-:'yS 1 ______ Effective date of coverage •'02. Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting property owner ’s presence ____ contract security service ____other (specify)__________________________ II. DOCK INFORMATION List Dock Use Area Specifications; Width of shoreline: _________ft. Length of main dock from shore: _________ft. Dock setbacks from side property lines at shore: _________ ft. and _________ ft. Dock Construction (check applicable items): V seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ____permanent piling and decking ____ wooden decking ____ metal decking Page 2 of 4 13.List Dock Accessories; Number of fire extinguishers available at the dock /V/4 Number of life preservers available at the dock r.i /A List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys Permanent moorage slips -V Permanent moorage off-shore buoys ^ Dry storage (rack) slips__Maximum number of boats at the dock List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. spaces. III. EROSION AND SKDIMENTATION CONTROI 16. Shoreline is protected by (check applicable items): ^ stone rip rap ___ wood seawall ___ metal seawall ___ concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline:ft; at SO ft. out:; at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certi fied copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and cerTifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______ (state year) and on file with the City." y''Applicant's initials Page 3 of 4 ■fiatfaiauui^auAMaifei C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Noic: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." , r*' -'_______Applicant's initials D. ANNUAL LICENSE FEE • ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each $ $20.00 LATE FEE ($25.00) if application returned after 3/1/03 S S TOTAL DUE THIS APPLICATION t \Z LATE FEE - Renewals Application for renewal of licenses shall be made no later than March I of the license year. The City shall not accept renewal license applications received after March I unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable lime to perform safety and code compliance inspections. Signed Date Page 4 of 4 a:‘ ^ iiik U 6 £. exhibit /2||| \..- • • « • • .% •. • • • • • • • m • •• • -•—• •• • • • •••. .*. . -i*'*!** • - •• • • • • • • . • • • 1 • •% • « • • • .• • • • • • L. • ".v* * . * rm «** ** /XC^'A - ‘‘t |j*2i • ‘n* •:*. • •. b oJ - <>• ’/y. riV' V • . • • • . • • • I ** •• •. • • •• #.• .,•:. ». •* •:• • • •• • • • •••• ••m • f • • • • • \ • • •; • . • •• .-. ••* • ■■■ ••■ ■■ ■' ■ • • • • • • I •.. • • •• • •• ------"s ’. laotl r V.. 1/4^ \ . .■ •. y ••-• V! —•. • •*.* Zstt^ e>^ cT) I -y g ---------^. t Is * . "*’^T?yJ l§ * V . *. &cU I \ «?• •U'Jir?* &H c * • • Si •A ^ • • • •s 0^ *u : dtA>Pr r REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV 1 0 2003 CITY OF ORONO DATE: November 10,2003 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of PubI ic Serv ices Administrator Reviewed: Agenda Section: Public Sen ices Director's Report Item Description: Adopt Assessment Roir Old Long Lake Road Sewer Extension- Resolution Two property owners have signed assessment waivers requesting to be assessed for the Old Long Lake Road Sanitary Sewer Extension project. There is a total of eight units in the project area, and the total project costs are $52,000 which results in a $6,500 cost for each unit. The property owner of 645 Old Long Lake Road, who requested the project, will be assessed for se\en unit.s. The property owner at 250 Ruann Road will be assessed for one unit. The assessment terms are for a 15- year time period at an annual interest rate of 6.25%. The remaining six properties in the project area will be charged the applicable connection charge for the project when they connect to the sewer. The connection charge will be S6.500 in 2004 and will be increased for inflation every year. Any future connection fees collected will be refunded to the property owner of 645 Old Long Lake Road. This is the same procedure that was approved for the recent North Long Lake East Sewer Project for which one property owner funded the project costs. The staff reconunendation is for approval of the resolution adopting the assessment roll. COUNCIL ACTION REQUESTED Motion to approve the resolution adopting the assessment roll for the Old Long Lake Road Sanitary Sewer Extension project. A RESOLUTION ADOPTING THE OLD LONG LAKE ROAD SEWER EXTENSION ASSESSMENT ROLL WHEREAS, the property owners have petitioned for an assessment sanitary sewer project and have signed assessment waivers, waiving all applicable assessment procedural requirements, and requesting to be assessed for project costs for the Old Long Lake Road Sanitary Sewer Extension improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: I.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 benefltted by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monda> 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. 3.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 15 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 I of 2 i 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 maiuier as other municipal taxes. Adopted by the City Council of Orono this 10th day of November, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 2 .........Ill i Assessment Roll for Old Long Lake Road Sanitary Sewer Extension Date: November !•, 2003 Municipal Code: 38 Munkipalily: ORONO Levy Number:Levy DescripthMi: Old Long Lake Road Sanitary Sewer Eiteniion Total Project Asseument: $52,000.00 Interest Rate: 6.25%Number of Yean Payable: 15 PIDS Total Addition Lot Block Principal Code 6 Owner’s Name Street Property Address Mailing Street Address MaiHng CUy Addrtm Units 36-118-23-32-0004 $45,500.00 A. D. & K. E. Jacques 645 Old Long Lake Road 2585 Old Beach Road Wayzate MN 55391 36-118-23-32-0002 $6,500.00 Paul T. & Kay K. Studebaker 250 Ruann Road 250 Ruann Road Wayzata MN 55391 Total:$52,000.00 COI iMril. MEETING NOV 1 0 2003 REQUEST FOR COUNCIL ACTION Oi t r OK ORONO DATE: November 10,2003 ITEM NO. Department Approval: Name Gregor>' A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Adopt Assessment Roll Brown Rd. N./ CR6 Sewer Extension- Resolution Two property owners have signed assessment waivers requesting to be assessed for the Brown Road N./ County Road 6 (Phillips Group Home) Sanitary Sewer Extension project. There is a total of four units in the project area, and the total project costs are $34,000 which results in an $8,500 cost for each unit. The owner of the Phillips Group Home, who requested the project, will be assessed for three units. The property owner at 2135 Sixth .Avenue North will be assessed for one unit. The assessment terms are for a 15-year time period at an annual interest rate of 6.25%. The remaining two properties in the project area will be charged the applicable connection charge for the project when they connect to the sewer. The connection charge Aill be $8,500 in 2004 and will be increased for inflation ever> year. Any future connection fees collected will be refunded to the Phillips Group Home owner. This is the same procedure that was approved for the recent North Long Lake East Sewer Project for which one property owner funded the project costs. The staff recommendation is for approval of the resolution adopting the assessment roll. COUNCIL ACTION REQUESTED Motion to approve the resolution adopting the assessment roll for the Brown Road N./ County Road 6 Sanitary Sewer Extension project. i ! il I i A RESOLUTION ADOPTING THE BROWN ROAD N./ COUNTY ROAD 6 SEWER EXTENSION ASSESSMENT ROLL WHEREAS, the property owners have petitioned for an assessment sanitary sewer project and have signed assessment waivers, waiving all applicable assessment procedural requirements, and requesting to be assessed for project costs for the Brown Road N./ County Road 6 Sanitary Sewer Extension improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: I.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 benefitted by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of 15 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. 3.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 15 or interest will be charged through December 31 of the ne.xt 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 i 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 10th day of November, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Phge2of2 Assessment Roll for Brown Road N7 County Road 6 Sanitary Sewer Extension Date: Novcaibcr 10, 2003 Maakipaltly: ORONO Levy Nanben Total Project Aiscssmcat: S34,000.00 Mankipal Code: 38 Levy Dcscripthm: Browa Road N7Coaaty Road 6 SaaUary Sewer Eiteaiioo Interest Rate: 6.25% Naaibcr of Years Payable: IS PID#Total Addition Principal Code Lot Block Owner’s Name k Street Property Address Mailing Street Address Mailing CHy Address Units 27-118-23-31-0024 $25,500.00 002 Orono Woodlands Inc. 001 2100 Sixth Avenue N.2160 Sixth Avenue N. Long Lake MN 55356 1 27.II8-2t-l|-<HMt^SM.MHI.tNt Kli'lliinl Viilitim I I Al.?l tt SIxlli Avemu: N.2I1< SiJiili AvciiiioN. Long Lake MN 55356 1 Total:S34.000.00 2 / ■Vi"-' ■i'% ----- K.' - ‘f f-h.. I-' ftnuMrii MEETING NOV 1 0 2003 REQUEST FOR COUNCIL ACTION Uii r Uf’OHONO DATE: November 10,2003 N ITEM NO. Department Approval: Nanc Gregoiy A. Gappa THIc Director of Public Services Administrator Reviewed: Agenda Section: -7^ Public Services Director ’s Report Item Description: Request for Payment #1, Old Long Lake Road Sanitary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #1, Old Long Lake Road Sanitary Sewer Project to E. J. Mayers Inc. in the amount of $21,755.00 ti 1 * 1^,.^---------—I i/llBonestroo £sRosene nAnderlik& |\|| Associates EngnttniArdattcts Owner City of Orono. P. O. Box 66. Orono. MN 55323-0066 Date: November 4.2003 For Perfod:11/3/2003 to 11/4/2003 Request No; l Contractor E. J. Mayers. 21360 Larkin Rd.. Corcoran. MN 55340 CONTRACTOR'S REQUEST FOR PAYMENT OLD LONG LAKE ROAD SEWER EXTENSION BRA FILE NO. 139-03-127 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage S% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages • 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. S S 0.00 0.00 $ $ s s s S, s, s s 39.950 00 39,950 00 22.900 00 000 22.900.00 1.145.00 21.755 00 0.00 000 21.755 00 Recommended for Approval by: BONESTROO, ROSENE. ANDERUK A ASSOCIATES, INC. Approved by Contractor EJ MAYERS Approved by Owner CITYOFORONO Specified Contract Completion Date: November 14.2003 Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 Unit BASE BID: 1-1/r HOPE. SOR 11 DIRECTIONAL DRILLED r HDPE. SDR 11 DIRECTIONAL DRILLED 1-1/4* HDPE. SERVICE PIPE SOR 11 DIRECTIONAL DRILLED 1-1/4* CURB STOP AND BOX CONNECT TO EXISTING GRAVITY MANHOLE nSOLATION VALVE FLUSHING CONNECTION TERMINATION FLUSHING CONNECTION CLEAR AND GRUB SILT FENCE. REGULAR SODDING. LAWN TYPE MNOOT SEED MIX 70A WOOD FIBER BLANKET Total BASE BID: BASE BID: • Bid Amount Total • $39,950,00 Contract Quantity Unit Prico Currant Quantity Quantity to Data Amount to Data LF LF 440 1675 10.00 10.00 400 1500 400 1500 S4.000.C3 $15,000:0 LF EA EA EA EA EA LS LF SY AC SY 300 8 1 1 1 1 1 300 500 0.3 300 15.00 1000.00 1500.00 500.00 1200.00 1200.00 1000.00 1.00 0.00 1000.00 1.00 30 1 0.5 1 1 30 1 0.5 1 1 $450.:0 $1,000:0 $750.C0 $5oo.:o $i.20c.:c $o.:o $c:o $0:0 soco $o.co $c:: $22,900:0 Total BASE BID: Total Woric Completed To Date $22.900:0 $22,900:0 II ii i! I 1 V UMiracoi kfitki {j r , PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139^127 CONTRACTOR E J MAYERS CHANGE ORDERS W uracnpiion Amount Total Change Orders PAYMENT SUMMARY No. From 1 11/03/2003 11/04AJ3 Paymtnt 21.755.00 Rotalnago 1.145.00 Complotod 22.9C0.00 Material on Hand Total Payment to Date $21,755.00 Original Contract $39,950.00 Retainage Pay No. i 1.145.00 Change Orders Total Amount Earned $22,900.00 Revised Contract $39,950.00 REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV 1 0 2003 CITY OF ORONO DATE: November 10,2003 ITEM NO.: Department Approval: Nanc Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Request for Payment #1, North Brown Rd/CR 6 (Phillips) Sewer Project We have reviewed the information submitted by the City's engineering fum and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment # 1, North Brown Rd/CR 6 (Phillips) Sewer Project to Red Pederson Utilities Inc. in the amount of $15,679.75 V ■' ' I t rr ill II iiiiiiniilriBdfcii ^iBonestreo ^jfliosene nAnderl(& |\|| Associates EngmtesftArcMccti Ovwier Cttv of Oiono. P. O. Box 66. Orono. MN 55323-0066 Date: Novembra. 2003 For Period: 11/30003 to 11/4/2003 Request No: Contractor Red Pederson Utilities Inc., 100 Intertachen Rd- Hopkins. MN 55343 CONTRACTOR S REQUEST FOR PAYMENT PHILLIPS SANITARY SEWER EXTENSION BRA FILE NO. 139-03-140 SUMMARY 1 2 3 4 5 6 7 a 9 10 11 12 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Dale Material on Hand Amount Earned Less Relainage 5% Subtotal Less Amount Paid Previously Liquidated damages • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. S S 0.00 0.00 Recommended (or Approval by: BONESTROO, ROSENE, ANDERUK & ASSOCIATES, INC. Approved by Contractor: RED PEDERSON UTtLITlES INC Approved by Owner. CITY OF ORONO Specified Contract Completion Date: November 14.2003 Date: 1 25.90500 25.985 00 16.505 00 000 16.505 00 825 25 15.67975 0.00 000 1567975 119C3140RCQ1 1 ----- Total BASE BID: Total Work Completad To Date tmUQfliQl i. ■> ■ ■ - /j .11 ' •■ 1 ’ i i;' S:!} Jr--" ■- ■Ik.- ' '^IF' Contract Unit Current Quantity Amount No.ttem Unit Quantity Price Quantity to Data to Data BASE BID: 1 1-1/r HOPE, SOR 11 DIRECTIONAL DRILLED LF 1220 11.75 1220 1220 $14,335.0021-1/4' HDPE SERVICE PIPE SDR 111N CASING. DIRECTIONAL DRILLED LF 100 13.00 100 100 $1,300.003M/r HDPE SERVICE PIPE SDR 11 IN CASING. DIRECTIONAL DRILLED LF 140 14.00 so.oo41-1/4* HDPE. SERVICE PIPE SDR 11 DIRECTIONAL DRILLED LF 30 12.00 so.oo51-1/4* CURB STOP AND BOX EA 4 900.00 so.oo6CONNECT TO EXISTING GRAVITY MANHOLE EA 1 800.00 1 1 $800 007BITUMINOUS TRAIL PATCH SY 40 7.00 10 10 $70.008TERMINATION FLUSHING CONNECTION EA 1 1300.00 $0 009CLEAR AND GRUB LS 1 250.00 $0.0010SILT FENCE. REGULAR LF 300 2.00 $0.0011SODDING. LAWN TYPE SY 500 1.00 so.oo12MNDOT SEED MIX 70A AC 0-5 500.00 $0.0013WOOD FIBER BLANKET SY 300 1.50 $0.00 Total BASE BID;$16,505.00 BASE BIO: - Bid Amount Total - $25,985.00 S16.50S.00 $16,505.00 |! « h PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 13943-140 CONTRACTOR RED PEDERSON UTILITIES INC CHANGE ORDERS No.Date Descliption Affiount 1 i ; [•Total Change Orders ]1 - '^1 i PAYMENT SUMMARY No.From To Payment Ratainage Completed 1 11/03/2003 11/04/03 15,679.75 825 25 16.505.00 Material on Hand Total Payment to Date $15,679.75 Original Contract S2S.985.00 Retainage Pay No. 1 825.25 Chance Orders Total Amount Earned $16,505.00 nw vised Contract S25.985.00 13N3140Recn ifiK I REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV 1 0 2003 CITY OF ORONO DATE: November 10,2003 ITEM NO. Department Approval: Naaic Gregoiy A. Gappa Titk Diieclor of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Request for Payment #1, Stubbs Bay Road Erosion Improvements Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #1, Stubbs Bay Road Erosion Improvements Project to Miimesota Native Landscapes Inc. in the amount of $7,720.65 1 L i*! ^Bonestroo £5Ri»ene ^Anderil(& liJ Associates Owner City of Orono. PO Box 66. Crystal Bay. MN 55323^)066 Date:November 4. 2003 For Period; 11/3/2003 to 11/4/2003 Request No:1 Contractor Minnesota Native Landscape. 29734 131st St. NW. Princeton. MN 55371eve CONTRACTOR'S REQUEST FOR PAYMENT STUBBS BAY ROAD EROSION IMPROVEMENTS BRA FILE NO. 139-03-124 SUMMARY 1 Original Contract Amount $10.689.00 2 Change Order • Addition $OCO 3 Change Order - Deduction $oco 4 Revised Contract Amount s 10.689.00 5 Value Completed to Date s 8.127.00 6 Material on Hand s 0.00 7 Amount Lamed s 8.127.00 8 Luss Retainage 5%$406.35 S Subtotal s 7.720.65 10 Less Amount Paid Previously $000 11 Liquidated darages -s 000 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 s 7.720 65 Recommended for Approval by; BONESTROO, ROSENE. ANOERLIK & ASSOCIATES. INC. Approved by Contractor MINNESOTA NATIVE LANDSCAPE Approveby Owner CITY OF ORONO Specified Contract Completion Data: ______ October 31. 2CX)3 Date: ■r. '7 1X03ia4REQ1j|| ________• m__ ^ -----i T'L 4' I [ I . k Ham STUBBS BAY ROAD EROSION IMPROVEMENTS: 1 CLEAR. GRUB, EXCAVATE EXISTING CHANNEL. REMOVE DEBRIS. AND ADO TOPSOIL AS NEEDED CREATE RIFFLE POOLS ANCVOR SETTLING AREAS WIDEN, SHAPE AND COMPACT CHANNEL BY DESIGN ADD AND PLACE FIELDSTONE TYPE RIP RAP FOR DRAINAGE AND/OR SETTLING POOLS 5 PLANTINGS AND LIVE STAKES 6 SEEDING 7 SILT FENCE. MACHINE SLICED 8 EROSION CONTROL BLANKET MNDOT 3882 CAT.3 9 EROSION STABILIZATION MAT MNDOT 3888 CL 3 Total STUBBS BAY ROAD EROSION IMPROVEMENTS: STUBBS BAY ROAD EROSION IMPROVEMENTS: • Bid Amount Total • S10 889.00 Total STUBBS BAY ROAD EROSION IMPROVEMENTS: Total Wortc Completed To Date I,, - V ■:<m >■- - - - IfA laniaMeotj* Contract Unit Currant Quantity Amount Unit Chiantity Price Quantity to Data to Data LS 1 1000.00 1 1 $1,000.00 EA 5 275.00 5 5 $1,375.00 LS 1 2500.00 1 1 $2,500.00 CY 75 15.00 75 75 $1,125.00 EA 348 6.50 $0.00 AC 0.1 5000.00 $0.00 LF 100 4.00 100 100 $400.00 SY 200 2.50 200 200 $500.00 SY 150 8.18 150 150 $1,227.00 $8,127.00 $8,127.00 $8,127.00 i i f y PROJECT PAYMENT STATUS OWNER CITY OF ORONO BRA FILE NO. 139-03-124 CONTRACTOR MINNESOTA NATIVE LANDSCAPE CHANGE ORDERS No.Date OMCription Amount Total Changa Ordara PAYMENT SUMMARY No. From 1 [ 11/03/200? I 11/04/03 Paymant Retainage 7.720.65 406.35 Comptotad i127.00 Malarial on Hand Total Payment to Date $7,720.65 Original Contract $10,889.00 Retainage Pay No. 1 406.35 Change Orders Total Amount Earned S8.127.C0 Revised Contract $10,889.00 13M3124REQ1J* :"XS» COUNCIL MEETING NO'/ 1 0 2003REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: November 10.2003 ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Reportm Item Description: Request for Final Payment, SCADA System Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment, SCADA System Project to Automatic Systems Company Inc. in the amount of $10,818.76 n r yi -- 1 l/l6one$troo ^Rosem «vAndertik& Afiodates IngtRfCfs&ArctmefU Owner City of Orono PO Box 66Crvstal Bay. MN. 55323-0066 Date:Septerrter 23.2003 Fcr Period 7/16/2003 to 9/4/2003 Reouest No;3 A.N0 FIISIAL Ccntractor Automatic Systems Company 2400 W Ctv Rd D PO Box 120359. St Paul. MN. 55112 CONTRACTOR’S REQUEST FOR PAYMENT ORONO SCAOA SYSTEM BRA FILE NO. 139-01-113 SUMMARY 1 2 3 4 5 Original Ccr.tract Anxjunt Change Order • Addition Change Order - Deduction Revised Contract AnxMjnl Value Compleled to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 9 10 11 12 S $ 6,546 00 3.402 44 3 AND FINAL S s s $ $ s. $. $. $. Recommended for Approval by: BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. See attached for signature Approved by Contractor AUTOMATIC SYSTEMS COMPANY Approved by Owner CITY OF ORONO See attached for signature Specified Ccr.tract Completion Date; _____________December 16.2002 Date: UK 11 Ilia 174.328 00 177.471 56 177.471 56 0.00 177.471.56 000 177.471.56 155.652 80 0 00 10.81876 L J APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMFiNT G702 (Insmicilons on reverse s UIc) moeoNioF 2 packs 1X> OWNKU: CITY OP OKONO City Hall P.O. Box 66 Orono, MN 55323 FROM CONTRAaOR: AUTOMATIC SYSTEMS CO. P. 0. Box 120359 St. Paul, MN 55112CONTHACr l••OK: I'KOJIicr: SCADA Project Orono, MN V,A ARCHITECT: ^o.^STROO, ROSENE. ANDERLI kTC"s®.'^"'^'^= 2335 West Trunk Highway 36 Roseville, MN 55113 Al'I'I.ICATION NO.: 3 (Final) l>ls»H»uHon in: PERIOD TO: 9/4/03 □ OWNER PROJECr NOS.: 139-01-113 □ 4HCIIITECT □ CONTRACTOR□□ CONTRACTOR’S APPLICATION FOR PAYMENT Application Is made for payment, as shown hetow. In connection wiili the ContracL Continuation Sheet, AIA Document 0703, Is attached. 1. ORIGINAL CONTRACT SUM...................................I 174.328.QQ__________ 2. Net change by Change Orders............................i 3^141,Sfi__________ 3. CONTRACT SUM TO DATE (Line I t 2)..............I _177>471,56 \. TOTAL COMPLETED & STORED TO DATE..........t_,L77 ^471.56 (Column Cl on G703) 5. RETAINAGE: a. Q ”» of Completed Work (Columns D ^ I; on 0703) li. ______% of Stoicd Material None (Column F ott 0703) *ibial l(ciaitta|»c (I.Ittc 5a t 5h or Total iti Colutnn I of 0703).................................I None 6. TOTAL EARNED LESS RETAINAGE.......................t_177a47li56 (Line 4 l**ss l.ltie 5 *roinl) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 frotn pilor Certificate)................................I 166«652>80 II. CURRENT PAYMENT DUE L0gHI8.76 9 . BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) I None CllANC;i: OUDEK SUMMAKY ’^ADDITIONS UEDUCilONS Toi;il t hanges ;tppmvrd In picvloiis iiionihs by Owner .6546.UU 1btal approved this Month 3402.44 • ‘ lOTALS _____6546^00____1407.44 Nl{*r CIIANtiliS by Change Order +3143.56_ 'l*hc utulcrsigncd Contractor ccriinrs that to the best of the Contractor's knowledge, Itifor- mailon and belief the >Xbrk covered by litis Application for Payment has l>een completed In accordance with the Contract Documents, that all amounts have been paid by ihe Coniraciur for Work for which previous Certificates for Payment were Issued and pay* mcnis received from the Owner, and tliat current payment shown herein is now due. D:».e: 9/4/03 amyni^on GARVL. K St;iic of; Minnesota Conniyof: Ramsey .Siiliscriltcd and sworn to before mcihis 4th ,<layof September, 2003 Noiury Fiibll^AURIE F. KRAUS My C oiA ihKuoii expires; January 31, 2005 ~ LAURIE F. Kl Notary PiMe Minoaaota II.Mi ARCHITECT’S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on site observations and the dr•*» comprising this application, the Architect certifies to the Owner that to tlie best of the ArrhItcTi's knowledge, information anti lielicf the VMnrk has progressed as Indicated, the i|iialiiy nl the \M)ik Is In atvoidam r with the Coniiact Doniitienis, and the Conirant.r is entitled to payment of the AMOUNT CPUTIPIP.D. AMOUNT CERTinED ..............................................................« (AtUuh if iimntiNi certi/uu! from tiw rwinunt nppHcfi fttr. initini (iU JlyAtres on ibis AppUention and on the Continuation Sheet that are thanked to ionform to tfie amttunt cv9 lifted ) AThis CcrtinrSlFlsnot negotiable. The AMOUNT CERTIFIED Is |»yable t^nly the Con* iracior named herein. Issuance, payment and acceptance of payment arc without prejudice to any rights of ilie Owner or Contractor under this Contract. AIA DOCUMENT G702 • AN'Ilf AIION ANtl ( I KIIHCAIH K)N IVLYMHKT • IW I tMTtON • AIA* • €)m2 • HIR AMFKICAN INSTiniri: OF AaCftllEcriS, IMS NEW Yl^MK AViNDi’. NW. WAMiiNtiiON, IK'. jiNVViSJVi • WAIINatQ: UflictAMd pholocopytng vIolaMs US. copyright Imm end imM tuh|cct Itio vtotolof to Itgal pioMcullori.G7D2-1992 f> •«ITm»|. Vr.' ....... A whirh Unn iht^ rniitinn nrinteH In red. An nrininal Astiires that ehamiAt wilt not he ohscured as may occtir whan doctimenla am repfodueail. PROJECT PAYMENT STATUS OWNER CITY OF ORONO #REFI BRA FILE NO 139-01-113 CONTRACTOR AUTOMATIC SYSTEMS COMPANY / J REQUEST FOR COUNCIL ACTION meeting 1 0 2005 Cl I r UFORONO DATE: November 7,2003 ITEM NO: ;5* Department Approval: Nrac Ron Moorse TMc City Administrator Adminbtrator Reviewed: Item Description: Payment Request Number 10^ Navarre Fire Station ^. Navarre Fire Sti&ti( Agenda Section: City Administrator's Rqnnt The City has received an invoice from BKV Group, Inc. for architectural services in the amount of $3,441.61. COUNCIL ACTION REQUESTED: Motion to approve the request for payment in the amount of $3,441.61 to BKV Group, Inc., to be funded from the Navarre Fire Station Construction Fund. * ij T-^ /-A BKV GROUP ArcKit«cfuf« Inferior Design Engineering BoorrrKHi Krooi Vogel Croup Inc. 222 North Second Street Minneapolis, MN 55401 letophcne: 6123393752 Focsimile: 612 339.6212 www.bkvgroup.com EOE Billing Group 001 ToUU: Invoice Invoice Number 20971 Invoice Date: October 23,2003 Citv of Orono 2730 Kellev Parkwav P.O Box 66 Orono. MN 33323-0066 Attention; Mr. Ron Moorse • • Project: 1124.10 City of Orono -Fire Station Professional Services through 10/25/2003 Bllliug Group: Contract 001 Contract Amount: Percent Complete: Fee Earned. Prior Fee Billings: Currem Fee Total: Billing Group Total: Billing Group:reimb Contract n: Reimbursables ; * SI 10.300.00 90.00% 599.430.00 596.133.00 1 ■I S3JI3.00 S3.313.00 i Billing Group rcimb Touts: BKV Group, Inc. Project: 1124.10 Invoice: 20971 October 2S. 2003 Page2of2 Expense Bond Paper byS.F. Copy Paper 8 1/2x11 Delivery Service Express Mail Services Fax Long Dist Telephone Chrgs Mileage/Travel Postage Reimbursables Totals Charge 2.19 51.45 12.70 21.15 3.00 0.16 29.20 6.76 SI26.6I Billing Group Total: Project Totals: $126.61 Invoice Total ***$3,441.61 Billing Snnuniiy Current Eusi lorn Professional Services S3.3 15.00 $96,135.00 $99.450.0( Reimbursable Expenses:$126.61 $6,383.43 $6,510.0^ Outside Services:50.00 $11.40 $ll.4( Other Services and Fees:50.00 $0.00 $0.0( Finance Charges:$0.00 $0.00 SO.OC Taxes:50.00 $0.00 $0.0( Total:S3.441.6l $102,529.83 $105.971.4. REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV \ 0 2003 CITY OF ORONO DATE: November 7,2003 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administrator's Rqwrt Item Description: Navarre Fire Station Operational/Apparatus Equipment There is a broad range of firefighting equipment necessary for the <^)eration of the new Navarre Fire Station and fire apparatus. A memo from Mark DuCharme, Excelsior Fite Chief, regarding the equipment and costs, as well as a list of the necessary equipment, ate attached. The total cost of the firefighting equipment is $27,082.02. Approximately 40% of this cost is for fire hose and nozzles. The cost of the equipment is to be funded from the Navarre Fire Station Construction Fund. COUNCIL ACTION REQUESTED: Motion to approve the purchase of firefighting equipment for the Navarre Fire station and fire apparatus, at a cost of $27,082.02, to be funded from the Navarre Fire Station Construction Fund. V.V' /Hl i Excelsior Fire District 339 Third street Excelsior, Minnesota 55331 CNcTMartiDuChaniM Ofllc* H2.401.ia01 Fas aa2.474.03W Date:November 7,2003 To:Ron Moorse, City of Orono From:Fire Chief Mark DuCharme RE:Apparatus Equipment Pricing Ron, With the Navarre Station construction nearing completion and the arrival of the Pumper Engine within a month away the time frame for ordering of firefighting equipment is here. My staff has prepared an equipment list that is needed to make the Station and apparatus ready for duty. My staff has sent information and specification to four vendors for pricing. This insures that we enjoy the benefit of competitive pricing for our business. I have attached the results firom the vendor pricing with recommendations of the best price for the best product. This equipment is a one-time purchase and is needed to make any new facility ready for operation. My staff feels that the pricing presented to you represents a very favorable value for the equipment requested. These items are what is required to be carried on Fire Apparatus according to industry standards. We will need approval to order these to assure adequate time for delivery. I will be available to answer any questions you may have. ■r Mutt Buy Mmiw CLARETS METRO FIRE ME8 JEFFERSON SAFETY AWARDED TO COST 1 3/4" Hose 800- (16 L)1,279 20 1.070 88 1.184 00 1.136 00 JefVefson 1.136 00 2 1/r Hose 200* (4 1)300 00 3G0 00 408 00 390 40 Jefferson 390 40 3** Hose 800* (16 L)2.280 00 2,007 04 2.352 00 2.398.02 Jefferson 2.398.02 y Hose 000* (0 L)4.760 00 4.631 60 3.952 00 3.862 00 Jefferson 3.862 00 Salvage Covers - 2 & 12x14 NB 405 80 240 00 NB MES 24000 Salvage Covers • 2 @ 4x14 NB NB 62 00 NB MES 82 00 Culler's Edge Ventilatun Saw 16* Bar NB 1,753 33 1.526 00 NB MES 1.526 00 Electric Fan 2 Each w/ Stackable Mounting Brackett 2.100 00 1.433 33 1.642 00 95910 Jefferson 95910 Cordreel 200* w/ cord 155 00 11830 264 00 525 00 Metro Fire 11830 2 Pm K 1 ItMil Axes w/ Mounting Haidwiiio 136 00 133 73 133 00 153 73 MES 133 00 3 • 1 Idt He.id Axes w/ Mounting Hardware 201 00 189 51 187 50 190 11 MES 187 50 2 • Haiigan Tool 31000 264 44 280 00 290 00 Metro Fire 264 44 4 - Survivor Lights w/ Bases 360 00 339 32 348 00 348 74 Metro Fire 339 32 2 - Box Lights w/ Bases 160 00]169 96 184 00 184 64 Metro Fire 169 96 1 - 36** Closet Hook w/ Mount. ^ .lardwarn 50 00 33 6S (w/ O-handle)44 00 (w/ D handle)4881 Metro Fire 33 65 1 36“ - Sheelrork Hook w.' Mounting Haidwa/e NB|oO 29 (w/ D-handle)64 00 (w/ Dhandle)68 97 Metro Fire 60 29 I liO*' (;limnl 1 look w/ Moimtiny 1 liiMlwimi 6? ro 44 00 (w/1) Iiihh IIii )b4 0U(w/l)hfln<lln)bnu Motto i iM>44 00 1 - 60“ Sheolrock H&ok w/ Mounting Hardware 59 29 (w/ D'hai^le)60 00 (w/ Dtandle)7797 Metro Fire 59 29 6 - 5 Gallon Pales Silve r Class A Foam 436 00 536 00 NB 480 00 Clarey*s 436 00 1 - Wate. Thief NB 86520 65200 830 00 MES 692 00 1 • Gated Wye 200 00 164 44'177 00 227 00 Metro Fire 164 44 2 - Double Males 1 1/2 & 2 1/2 4200 36 00 68 20 46 50 Metro Fire 36 00 2 - Double hemales 1 1/2 & 2 1/2 67 00 64 00 CO 00 6678 Metro Fire 64 00 2 • Hyorant Gates 580 00 ^00 40 020 00 340 00 Jefferson 340 00 2 - Hydra, r. Spanner '^^ench Kits w/ Mounting 130 00 122 66 150 00 150 40 fJetro Fire 122 66 3 - Storz < Wrench Kits w.* Mounting 180 00 150 00 165 00 195 00 Metro Fire 150 00 Round Pump Can w/ Brackett 250 00 348 78 25500 NB Clarey's 250 00 ABC F.xtmguisher w/ Brackett 6500 94 39 90 00 95 00 Clarey's 65 00 Dr/ Chemical w/ Brackett 205 00 NB 223 30 21000 Clarey's 205 00 1. (■ Pole 4200 33 00 40 00 4298 Metro Fire 33 00 1. -0 Oile P: Ic.55 00l 35 4e 4535 59 55 Metro Fire 35 44 M - 41/2" NSr to 5“ Storz w/ Doy Ear Connectors 150 00 96 50 142.00 106 00 Metro Fire 96 50 '5-2 1/2"T,uoc*a;150 00 134 45 150 00 152 50 Metro Fire 134 45 5-1 1/2' TfiKAiui 150 00 140 55 152 50 17457 Metro Fire 140 55 1 - Gas Meter 1 650 0a 1,304 59 1.61200 1.750 00 Metro Fn 1.304 59 1 - 36“ Bolt Cotter 300 00 65 56 129 00 17991 Metro Fire 65 56 2 - V\heel Cnucks w/ Mounbng Bracketts 460 00 127 00 222.00 387 60 Metro Fire 127 00 ^ Portable Quartz Lights 500 Watt 1.000 00 31334 310 00 32430 MES 31000 Rubber Mellel 1700 1056 33 00 NB Metro Fire 1056 Iron S/M 37 50 30 33 3000 40 00 MES 30 00 2-RIT Rope Bags 325.00 NB 248 00 331.52 MES 248.00 Portabla Monitor NB NB NB 2.99100 Jefferson 2.991.00 / 6-1 WNozzIm NB NB NB 3.162 00 Mftrson 3.162.00 2- Iniflto ManMcte NB NB NB 1.842 00 Jefferson 1.642 00 1-21/2 Play Pipe NB NB NB 60800 Jefferson 606.00 1-21/rAoloNozzl0 NB NB NB 665.00 Jefferson 665.00 l(Micall0l6O2 NB NB NB 750 00 Mecicel VMor 750 00 *Hom w«s Awanted Togtttiar to SavA Shipping Cotto *No Shipping Charge for lha Nozziaa ‘Shipping Not Indudad wHh Ramainder of Loom Equipmani Total WJOnM Hobnairo Combi Tool Scott Eaglo Thermal bniiging Camara Tampaet PPV Oas Fan $7,894 ♦ Shipping $11,000 ♦Shipping $1,300 ♦ Shipping f I iiWhinrtt 111 iM>i At' n % I ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: 11/10/03 COUNCIL MEETING NOV 1 0 2003 CITY OF ORONO Item No: / *7 Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Kurt Erickson Sergeant ^--------------------- Item Description: Clandestine Drug I.ab and Cost Abatement Ordinances Exhibits: niSCtlSSlON: Clandestine drug laboratories arc being discovered in many areas oi'Minnesota. Orono Police have begun finding meth labs in the City of Orono. The production of meihampheiamine (meih) and other illegal drugs requires the use of large quantities of metals, acids and solvents. All are readily available but are dangerous. The manufacturing process is also dangerous. It has lead to many fires and explosions. .After a clandestine drug lab is shut di wn by law enforcement, the property is often found to be contaminated w ith hazardous materials. Labs are found in many temporary makeshitt arrangements. This can include in vehicles, boats, apanments, garages and as evidenced in Orono. residential homes. The Minnesota Department of I lealth (MDI I) considers these clandestine lab sites a "public health risk.” 1 here are no clear laws that currently deal w ith the clean up of the lab sites. In particular there are significant gaps in regulating sites at pri^ aie homes in which common household products ha\e been used in non-.standard ways. The MDH is recommending cities consider appropriate ordinances to mandate the proper clean up of lab sites. MDH is restricted in dealing w ith only licensed locations (motels, restaurants, etc.) unless the commissioner overseeing MDH rules a site to be a "public health hazard.” The chemicals used in the clandestine labs b»a*e been documented to invade and permeate \ entijation systems, shectrock walls, carpet, draperies, furniture, etc. The chemicals after the cooking process are often discarded into sewer or septic systems. This can cause significant corrosion of the piping leading to replacement or in the case of septic system the destruction of the septic sy stem and contamination of the ground w ater. There are residual effects to these chemical compounds, ^'hen a site is not cleaned and tested to be sure it is safe, future residents can unknowingly come into contact with chemical compounds that are documented to cause kidney, liver and cancer problems. Young children in particular are at great risk as they crawl around on the carpet and furniture. They ha\ e frequent hand to mouth or eye contact leading to direct ingestion of the chemicals and direct absorption through the skin. Because the complications of dealing with this issue exceed the knowledge and scope of law enforcement officers duties and training we need to have the site evaluated by knowledgeable professionals and cleaned to MDII standards by licensed HazMat contractors to ensure the safety of future residents occupying that property. Neighbors in the surrourding area (ground water and well contamination potential) need to know that they are safe. .-\n\ innocent person continuing to reside at the site needs to be protected. Particularly young children. There are immediate concerns about cleaning up and securing the clandestine lab sites. We can not be sure that property owners will comply if located or they may not be able to be found in a timely fashion. It is important that the City have a means and clear au'iiority to take action should the property owner fail to respond or can't be located. The City also needs the means to recoup any cost ( proposed a’ratement ordinance) incurred in dealing with a clandestine lab clean up and securing of the property. Extreme cases can involve total removal of a home, extensive excavation of contaminate ground and replacement of sewer piping or septic systems. While the proposed ordinance requires the property owner to pay for the related costs, if the owner doesn't or can't the City needs to be able to provide for the clean up and then assess the cost back to the property, through the properly tax syster:. By ha\ ing this system in place, contractors are much more willing to commit to coming in for testing and cleaning if needed, knowing they will be paid rather than gambling that the property owner can and will pay. Property owners finding out that they will be financially responsible for the total cost ofelean up also has u deterrent elTect. Knowing that you will be responsible for tho-s.mds of dollars in clean up cost will make owners more careful about what happens on their w^pe. More cities and counties are adopting ordinances in compliance with .MDH recommended guidelines. The attached ordinances follow ones adopted by the City of Minnetonka. Other jurisdictions such as Olmstead County, the Cities of Anoka. Oakdale and Minnetonka are examples of other Jurisdictions that have adopted similar ordinances. 1 iennepin County is planning on doing something similar but has no immediate plan to proceed. COUNCIL ACTION REQUESTED; It is requested that the Council pass a motion to adopt the. “Abatement Procedure" ordinance. It is then requested that the Council pass a motion to adopt the, “Clandestine Drug I.ab" ordinance. (Please note: the “Abatement Procedure" should be adopted firs: as the "Clandestine Drug Lab' refers to the “Abatement Procedure") H Vi ! i'l Hill d , i ORDINANCE NUMBER . THIRD SERIES AN ORDINANCE AMENDING THE ORONO, MINNESOTA CODE BY ADDING SECTION 70-5 REGARDING ABATEMENT PROCEDURE The City Council of the City of Orono ordains: SECTION I. Chapter 70. Offenses and Miscellaneous Provisions, is hereby amended by adding the following language as Sec. 70-5 - .Abatement Procedure: Sec. 70-5. Abatement Procedure (a) Abatement. Except for the abatement of public nuisance vehicles governed by section 58-3, the following abatement procedure applies to all public nuisances. Whenever the City Administrator or designee determines that a public nuisance is being maintained or exists on property, the City Administrator or designee must give written notification to the property owner and occupant or other responsible party of that fact and order that the nuisance be terminated and abated. Notice must be scr\ed in person or by mail. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county’s tax records. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting it on the property. The notice must specify the steps to be taken to abate the nuisance and the time, not exceeding ten days, within which the nuisance is to be abated. The notice must also provide that if the owner, occupant, or other responsible party does not comply with the notice within the time specified, the city council may provide for abating the nuisance by the city. The notice must state the date, time, and location of the city council consideration and give the person the right to be heard. The notice of the council hearing must be given at least ten days before the council will consider the matter. If notice is given by posting, at least 30 days must elapse between the day of posting and the hearing. (b) Summan abatement. The City Administrator or designee may provide for abating a public nuisance without follow ing the procedure required in paragraph (a) above when: (1) there is an immediate threat to the public health or safety; there is an immediate threat of serious property damage; or (3) a public nuisance has been caused by private parties on public property. If the City Administrator or his designee abates the nuisance under this section, he must reasonably attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled city council meeting. Page 1 of2 I udyagu i (c) Cost recovery. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the o^^'ner or other responsible party. The amount is immediately due and payable to the city treasurer. (d) Assessment. If the cost, oi any portion of it, has not been paid under paragraph (c) within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice will not invalidate the certification. The council may certify unpaid cost to the county auditor for collection along with current taxes in the following year or in annual installments, not exceeding ten, as the council may determine in each case. SECTTION 2. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon ^proval and publication. Adopted by the City Council of the City of Orono on this 10th day of November, 2003 by a vote of____ayes and_____nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of2 ■1=1 ORDINANCE NUMBER .THIRD SERIES AN ORDINANCE AMENDING THE ORONO. MINNESOTA CODE BY ADDING CHAPTER 50, ARTICLE 111 REGARDING CLANDESTINE DRUG LABS The Cily Council of the City of Orono crdain*: SECTION I. Chapter 50, Health and Sanitation, is hereby amended by adding the following language as Article 111 - Clandestine Drug Labs: ARTICLE HI. CL.ANDESTINE DRUG LABS DIVISION 1. GENERALLY. Sec. 50-91. Purpose and intent The purpose of this section is to reduce public exposure to health risks associated with hazardous chemicals or residue from a clandestine drug lab site. Professional testing and investigations show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of surrounding structures. The city council finds that such sites, and the personal property within such sites, may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site or being exposed to contaminated personal property. Sec. 50-92. Interpretation and application. The provisions of this section m-st be construed to protect the public health, safety and welfare. When the conditions imposed b> this section conflict with comparable provisions imposed by another law, ordinance, statute, or regulation, the regulations that are more restrictive or that impose higher standards will pre\ ail. Sec. 50-93. Definitions. Unless the context clearly indicates other.vise. the words and phrases below are defined for the purpose of this section as follows: Chemical dump site means a place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located. City health authority, for the purposes of this ordinance, means the City Administrator or designee. The City Administrator or designee is required to consult with, and authorized to retain the services of, public health ser\ ices or private hazardous material specialists as are Po^e 1 of8 I ' > i recognized by county or state authorities as being competent in HazMAT cleanup with clandestine drug lab experience. Clandestine drug lab operation means the unlawful manufacture or attempt to manufacture a controlled substance. Clandestine drug lab site or site means a place or area where law enforcement personnel have determined that conditions associated with an unlawful clandestine drug lab operation exist. A clandestine drug lab site may include dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer, or other appliance. Controlled substance means a drug, substance or immediate precursor specified in Minn. Stat. §52.02. Schedules I through V, as may be amended. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Manufacture, in places other than a pharmacy, includes the production, cultivation, quality control, or standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, re-packing, tableting, encapsulating, labeling, re-labeling, or filling of drugs. Owner means a person, firm, corporation or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site. Unless information is provided to prove otherwise, the owner of real property is deemed to be the property taxpayer of record in the Hennepin county files, and the owner of a vehicle, boat or trailer is deemed to be the person listed as the owner on the most recent title to the vehicle, boat or trailer. Sec. 50-94. Declaration of public health nuisance. All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations, associated with a clandestine drug lab site are potentially unsafe due to health hazards and are declared to be a public health nuisance, subject to final confirmation by the city health authority. Secs. 50-95 —50-200. Reserved. DIVISION 2. ENFORCEMENT. Sec. 50-201. Law enforcement action. (a) Law enforcement authorities who identify conditions associated with a clandestine drug lab site that may place the public or occupants at risk for exposure to harmful contaminants and other associated conditions may: (1) promptly notify the city health authority, county child protection division, the United States drug enforcement administration, and the site owner about the site and the conditions found; Page 2 of 8 treat, store, transport or dispose of all waste generated from the clandestine drug lab operation and found at the site in a manner consistent with the Minnesota department of health and Minnesota pollution control regulations; issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, in several conspicuous places on the property. This temporary declaration will expire after the city health authority inspects the site and determines the appropriateness of issuing a permanent declaration of public health nuisance; notify all people occupying the site that a temporary declaration of public health nuisance has been issued; require all people occupying the site to immediately vacate the site, remove all pets from the site, and not return without written authorization from the city health authority; notify the occupants vacating the site that the personal property at the site may be contaminated with dangerous chemical residue; and may board up and put locks on each doorway entrance to the site to prohibit people from entering the site without authorization. Private contractors may be retained to provide this service. Law enforcement on the scene may determine the extent to which the structure needs to be secured. (b) The notification of the people and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives. (c) Law enforcement may commence any of these steps as is reasonably necessary at any time in the process of cleaning and securing the site. Sec. 50-202. Seizure of property. When a clandestine drug lab site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities must immediately seize it and not allow it to be transported except to a more secure location. All other requirements of this section must be followed as closely as possible given the specific type of property in which the site is discovered. Sec. 50-203. Action by city health authority. (a) Inspection and declaration of nuisance Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site, the city health authority must inspect the site. The city health authority may then promptly issue a permanent declaration of public health nuisance and a Do Not Enter-Unsafe to Occupy Order Page 3 of8 / for the affected site to replace the temporary declaration. A copy of the permanent declaration and order must be posted on all doorway entrances to the site or, in the case of bare land, in several conspicuous places on the property. (b) Abatement order. AAer issuing the permanent declaration, the city health authority must send written notice to the site owner ordering abatement of the public health nuisance. The abatement order must include the following: a copy of the declaration of public health nuisance and Do Not Enter-Unsafe to Occupy Order; (2) (3) information about the potentially hazardous condition of the site; a summary of the site owner ’s and occupant's responsibilities under this section; and information that may help the owner locate appropriate services nccessaiy to abate the public health nuisance. (c) Notice to other parties. The health authority must also mail a copy of the permanent declaration of public health nuisance and a copy of this section to the follow ing parties at their last known addresses: (1) occupants or residents of the site if known; (2) neighbors in proximity to the site who may be reasonably affected by the conditions found; (3) the Orono police department; the appropriate enforcement division of the United States drug enforcement administration; and other city, state and local authorities, such as the city public works department, the state pollution control agency, the state department of health, and the department of natural resources, that are know n to have public and protection responsibilities applicable to the situation. (d) Modification or removal of declaration. The city health authority may modify or remove the declaration of public health nuisance after the health authority receives documentation from a city-approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration. Secs. 50-204—50-300. Resened. Page 4 of8 r DIVISION 3. SITE OWNER’S RESPONSIBILITY Sec. 50-301. Site owner's responsibilit>’ to act (a) Within ten business days aAer the abatement order is mailed to the site ow nev, the owner must accomplish the following: provide the city health authority, in writing, with: confirmation that all persons and their pets have vacated the site;a. b.the names of all children who the owner believes were residing at the site during the time period the clandestine drug lab is suspected to have been at the site; and c.confirmation that the site will remain vacated and secured until the public health nuisance is completely abated as required by this section. contract with one or more city-approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current state guidelines: a.a detailed on-site assessment of contamination at the site, including the personal property in the site; b.soil testing of the site and testing of all property and soil in proximity to the site w hich the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site; c.a complete clean-up of the site (including the clean-up or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the structures on the site and a complete clean-up of the demolished site; d.a complete clean-up, or disposal at an approved dump site, of all personal property in the site that is found to have been affected by the conditions at the site; e.a complete clean-up of all property and soil in proximity to the site that is found to have been affected by the conditions at the site; and f.remediation testing and follow-up testing, including testing of the ventilation svS'tem and plumbing, to determine that all health risks are sufficiently reduced to allow safe human occupancy and use of the site, the personal property in it, and all property and soil in proximity to the site. Page 5 of 8 i t\ i (3) provide the city health authority with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and sign an agreement with the city health authority establishing a clean-up schedule. The schedule must establish reasonable deadlines for completing all actions required by this section for abatement of the public health nuisance. The city health authority must consider practical limitations and the availability of contractors in approving the clean-up schedule. (b) The owner must meet all deadlines established in the clean-up schedule. The owner must provide the city health authority written documentation of the clean-up, including a signed statement from a city-approved environmental hazard testing and cleaning firm that the site, all personal property in it, and all property and soil in proximity to the site is safe for human occupancy and use and that the clean-up was conducted in accordance with the most current state guidelines. Secs. 50-302—50-400. Reserved. DIVISIONS COSTS. Sec. 50-401. Site owner's responsibility for costs. The site owner is responsible for ail costs of dealing with and abating the public health nuisance, including contractor ’s fees and the city ’s costs for services performed in connection with the clandestine drug lab site clean-up. The city ’s costs may include: posting of the site; (b) notification of affected parties; (c) securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; expenses related to the recovery of costs, including the special assessment process; (e) (0 (g) (h) (i) laboratory fees; clean-up services; administrative fees; legal fees; and other associated costs. Page 6 of 8 . n Sec. 50-402. City action and recovery of costs. (a) If the site owner fails to comply with any of the requirements of this section, the city health authority is authorized to take all reasonable actions necessary to abate the public health nuisance including contracting with a city-approved environmental hazard testing and cleaning firm to conduct the work outlined in section 50-30 1 (a) (2). The health authority is also authorized to provide a copy of the declaration of public health nuisance to the holders of mortgage or lien interests in the affected site. (b) If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the city is authorized to remove or demolish the site, structure or building and dispose of the personal property in it. These actions must be taken in accordance with the provisions of Minn. Stat. Chap. 463. (c) If the city abates the public health nuisance, the city is entitled to recover all of its actual costs plus an additional 25 percent of such costs for administrative and legal expense, in addition to any other legal remedy. The city may recover costs by civil action against the site owner or by assessing the costs against the site as a special assessment under city code section 70-5. See. 50-403. Recovery of costs from persons causing damage. Nothing in this section limits the rights of the site owner, occupants, neighbors, or the city to recover costs from the persons contributing to the public health nuisance, such as the operators of the clandestine dnig lab, or from other lawful sources. Secs. 50-404—^50-500. Reserved. DIVISION 5. SITE RESTRICTIONS. Sec. 50-501. Unauthorized removal of postings. It is unlaw ’ful for a person, except authorized city personnel, to remove a temporary or permanent declaration of public health nuisance or Do Not Enter-Unsafe to Occupy Order from a clandestine drug lab site. Sec. 50-502. Entry into or onto site. While a declaration of public health nuisance for a site is in effect and has been posted at the site, no person, other than a law enforcement officer, the city health authority, or a person authorized by the city health authority, is permitted to be inside or on a site. Page 7 of8 i If 41 \ . >1 - r.i Sec. 50*503. Removal of personal property from the site. While a declaration of public health nuisance for a site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the city health authority. Consent to remove personal property may be granted at the reasonable discretion of the health authority, and only in cases of hardship after: (a) a city-approved environmental hazard testing and cleaning firm has advised the city, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and (b) the owner of the personal property agrees in writing that the owner: (1) is aware of the danger of using the contaminated property; (2) will thoroughly clean the property to remove all contamination before the property is used: and (3) releases and agrees to indemnify the city from all liability to the owner and third parties for injuries or damages alleged to have been caused by the contaminated property. SECTION 2. A violation of this ordinance is subject to the penalties and provisions of Chapter 1 of the city code. SECTION 3. This Ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. Adopted by the City Council of the City of Orono on this 10th day of November, 2003 by a vote of____ayes and______nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 8 of 8 r mi iMril MEETING REQUEST FOR COUNCIL ACTION NOV 1 0 2003 DATE?' Novemfir^OOS ITEM NO: JSA Department Approval: Name LinVee TItk City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval SPECIAL EVENT PERMITS 1.Applicant: Event: Location: Date: Time: Mike Dom, Minnetonka Power Squadron District 10 Summer Rendezvous (200 - 300 guests) 510 Big Island Saturday, July 25,2004 Noon -11:00 p.m. Live music from 7:00 p.m. - 11:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. CITY OF ORONO SPECIAL EVENT PERMIT Date Isiued: Date of Eveat:Saturday, July 25,2004 Type of Event:Minnetonka Power Squadron Hosting District 10 Outing for 2004 (200-300 guests) Time:Noon to 11:00 p.m. Live music from 7:00 p.m. -11:00 p.m.Aft Name of Person(s) And/or Organization Sponsoring this Event: Mike Dom 8042 Lanewood Lane North Maple Grove, MN 55311 Phone:763-420-3878 Location of Event: 510 Big Island - Minnetonka Power Squadron The following documents are required and on file at the City Adminbtrative Offices: • Certificate of General Liability Insurance • Site Plan • Approval from Orono Police Department • Approval from Orono Building and Zoning Department See attached for conditions that have been placed on this event. Approved at City Council meeting on: (City Seal) Ronald J. Moorse, City Administrator 27SO Kelley Ptrkwty. P.O. Box 66. CtyMal Bay. MN S5323 Phone; 9S2-249-4600 / Fax: 952-249-4616 / www.ci.orono.inn.us 4 f* CITY OF ORONO SPECIAL EVENT PERMIT The following conditions have been placed on the Minnetonka Power Squadron District event: This special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances, alcohol violations, or identification of hazards to safety of the public. Coordinate event parking with the Orono Police Department. If parking will take place in Orono, all vehicles must be legally parked; illegally parked vehicles maybe towed. Live music to be allowed from 7:00 p.m. until 11:00 p.m. Portable outhouses must be provided to allow for up to 300 people. No sales or service of alcohol will be allowed without the necessary licenses (i.e. caterer's permit with liquor license or temporary one-day permit). Service of alcohol to be allowed between the hours of 2:00 p.m. and 11 :00 p.m. (Shuttle service will be provided to the hotel so there will be no need for driving aOer the event.) Any food vendor or caterer must have valid Hennepin County Health Department and/or Minnesota State food service license. The license must be displayed and visible to the public. At least 2 months prior to the event, notice must be given to all property owners on Big Island regarding the event activities, hours, live music, and a contact name and phone number for any questions or concerns regarding this event. Activities should take place on the Minnetonka Power Squadron property; access to other parts of the island should be restricted. Weather alert radio should be available at all times to monitor weather activity. Notify the Lake Minnetonka Conservation District and Hennepin County Sheriffs Water Patrol of the planned event and activities. The Police Department will notify North Ambulance and First Responders to be aware of the event in the scheduling of ambulance service. Cleanup aAer the event to include removal of all garbage and portable outhouses. 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249*4616 / www.ci.orono.mB.us Oel-#l-2flOJ IIMIw Fr«KlTV OF OKia ♦IS224I4I1I T-2tr F OOl/BOl F-21S Special Event Permit Application CityofOiono 27$0K»UeyP«iv.»y FttSS*^ Ciy»alB.y.MN 55323 " a Parachute Jump o Parade of Homes/Home Tours □ Street Parade for mote than 20 vehicles off site o Block Party a Carnival o Circus □ CommcTcial/movie shoot □ Fishing Contest Q Hot Air Balloon Eveot □ Thtiirical performtnee or exhibits Q Use of Public Property Cveni Caordinator Address City. State Phone irdinator ~fn./l I Liu fj ^ «<y. su«.zi>: r/t* Phone T.vent Dettito Loeatien: Datc(s): Hours: B ■■ , 4 . • ' J «* * « >■* «• « I f ^1-A > ~ ' Use additional paper if necessary. ll«pof^ or .poclol «.« ^ groroiog o/,hi,pirmL I under SI these se ficnaiire r OetHWOll ll:ITu FroKlTY OF OnW T-2IT F.OOi/OOS F-W Special Cveat Pcmlt AppBcatioa (cMiftnaci) Sabwiiftalt r, ., ?•. - •• - fij - • Please give consideratloB to the foUowiBC list of doevoiaitf aad/or penniti whfeb jbiX bo required prior to City and Couneil approval Tbo applicatiaB should be sobaitted at least 30 days prior to tbc cveat OpSUDSDll j/l Site plan identUying buildings, drivew^^ local streets, paildAg locations, lempoiaty stnieiurcs (include size), teraporaty restrooms, or aiky cordoned off area(s) o Proposed route of event a Letter ofApproval from the Police Depatunent 9 Cerdficaie of General Liability Insuiknce - The City, its agents and employees must be tuuxted as additional insureds, praviding public liability insurance in tbc amount of at least $300,000 for iiyury of one person, $500,000 for iiyuiy of two or more, and $50,000 for property damage. □ Approval of Homeowners Association if the event affects private property where a Homeowners Association has been established, b Notificatioo and/or approval of affected neighbors for events involving the following: - Shows and large assemblies (over 300 people) - Fireworks - Live or aitqilified music - Parade of Homes/Home Tours Licenses/Permita a DNR a Fireworks □ Fire Department (Fire Marshal) □ Gambling a Health Department (County) □ Lake Minnetonka Conservatiott District (LMCD) □ Solicitor's □ Temporaiy Sign □ Vendor License □ Temporaiy Qn*Sale Liquor License (State and Local) o Hennepin County Sheriffs Water Patrol □ Other For Offkc Use Only lUvitw by AdmiAlitruien: o Approved o Denied □ NA By. Review by Baadint ft Zoning: o Approved o Denied O NA Bv:------- 0* • Review by Fire Marshal: 0 Approved o Denied e NA Bv! r • • Review by Police Depannwm: □ Approved 0 Denied o NA By: _ / r I I warn* - ‘ ^ 8«p 03 03 04tl4p P.2 Bad^roiuid MatcridHirOlgr ofOnmo, RIN>Pennit Applkatioa Event: Minnetonka Power Squadron Hotting District 10 Outing for 2004 Date of Event: «id*2S of2004 Planned Number of Attendees: 300 • 200 Vishon and 100 Squadron Members Reason for Permit:Addition of SOXSO (foet) tent as indicated in attached pictures RV Parking as indicated in atta^ed pictures Waiver from 10:00 PM to 11 :00 PM for noise curfew Planned Activities for noise waiver: Band Waste Manage:Portable Toilets (as required) for 200 visitors Number Required; lafTiii miiii iki' r 6«p 03 03 04il4p P-3 I r. .i: rJ* ! Ji il. f,3 I I i? fii;¥o ij ♦ - *AAP«Wt»T “’J^ r*r ^ eig isl&nd Regional ParK alOOnteori Existing Rest Rooms Portatie Rest Rooms Back Docks RV Parfdng / * I iI I£ i ijaseasamAi: Minnetonka Power Squadron Facility Big Island, Lake Minnetonka * : i Un Vee • Power Squdron Pormit Page Prom: To: Date: Subject: Kurt Erickson UnVee 11/3/03 5;38PM Power Squdron Permit I have confirmed that the Bayrisherhof Restaurant will be catering the Power Squadron event. They reportedy have a caterers's liquor license. The will have bar tenders at the function. I have suggested th^ adopt an " ID under 30" policy. The have many people coming from out of the area. Mostwfllbe sta^g at the Sheraton West hotel In Minnetonka. They will run charter busses from there to the Excelsior dock to avoid parking problems. They are asking for permission to park 10 vehicles per toidkig (or over night sta/s. I told him I thought that would be ok. I will check with Hennepin County and DNR to be sure. I would recommend deleting the last line on your draft of conditions. I don't think we need lo have an officer out there as an option. If the council wants to mandate they do that would be ok. It seems to Kfy the way it is now. We might want to specify the hours that alcohol will be sen/ed. Are the hom Noon till 11:00 pm each day? He also said they are probable going to drop the RVs being barged out to the Island and just go with tents for those (hat want it. I would also suggest they have a weather alert radio available on site at all times. This is prime storm season yet. Have I helped or created more questions?? K ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV 1 0 2003 CITY OF ORONO Date: 11/04/03 hem No: j ^ /3 Department Approval: Administrator Reviewed: Agenda Section: Exhibits: 1. Letter sent to area residents and list of residents to whom sent. 2. Copy of state statute authorizing the taking of animals causing damage. 3. Trapping Application DISCUSSION; Orono Police (ICR 03-4465) have been contacted by propen> owners on Orono Oaks Drive. There is concern being expressed about beavers causing damage to private propert>-. This damage involves trees being cut and building dams that are causing the road to flood. The flooding of the road is causing potential damage to the road bed which can have significant cost to the residents. This is a private road. The homeowners are responsible for it’s maintenance. There is an experienced trapper that is willing to come and trap the beaver in the area of Orono Oaks focusing only on the pond area that is causing this particular problem. This trapper is w illing to set his traps under w ater to protect domestic animals and children. This method of trapping is specific to beaver or muskrat trapping. Letters have been sent to all residents with in 500 feet of the trapping area as is proscribed by City ordinance. The local conservation officer has been notified of the problem and preferred method of removal. Conserv ation officers have told residents that it is ok to shoot the problem beaver however there is concern about shooting in this area. Trapping under water is the most selective and least dangerous method to correct the problem. The trapper that is willing to trap this area is licensed by the DNR for trapping. In that this trapper was contacted to come and correct a problem for the residents, is not seeking authority to trap for himself and will also resolve a problem for the City, it is felt the trapper application fee should be waived. r- COUNCIL ACTION REQUESTED: It is requested that the council authorize the issuing of a trapping permit to remove beaver causing damage on Orono Oaks Drive and recognize this is an extraordinary case in which the public interest will be met in the abatement of this specific animal nuisance and that the fee for the permit be waived in recognition of the trapper preforming a service to the residents of Orono Oaks Drive and the Cit\ of Orono. x:\apps \%pv%in60\>%p4!ocs^X!)PDdo€umcnts\Council Action\Council Action fbcm wpd -•—^ f !l 1 i V ? W** b* " ORONO POLICE DEPARTMENT UMUED LEG HOLD TRAP PERMIT APPUCAHON Date: JkH - 3 Application Number: 03 ( Name: (b»i^U AddrBssi Vv. A/t /\jf Location of Trapline: <..n Number of Traps:_(z Oo.'\- \Maintenance Procedure for trapline: uju^>uR nhJiy V jUa ^o of^oTvUTiXtjT Period of time needed for permit: 3.^<dkS. Purpose (Include statement of hardship) s. i; 0 riu^t a/gy 4o i< 4o ftpAt> . T)/Iaa ^ROfKiO t I agree to furnish a certified property owners list of property owners within 500 feet of trapping area. Property owners will be notified of application. I agree to abide by all applicable Federal, State and Local Laws including ordinance section Recommended CWiTof $20.00 fee paid:. Check ___Cash Approved: Yes No Initials: 03 Qty Administrator Signature 4 “T-RA^^iAjc. i-\OUO<,^ MN DNR License I .icense b: 009815956 i ssued: 11 /04/2003 10:46 gent: 086004 Terminal: 3808920• > w •^SHUA ROY BEITH 3." MULBERRY LANE ANNANDALE COB: 02/10/19/8 0 ivers License: MN B300440744108 F 'earm Safety: MDNR#:326253366o u 5’11 ^ MN 55302 ,801b, £ male g blue eyes q. ^^ri\/il3Qes Expires February 29,2004 2 •• 1 Res Small Game 2 4 Res Regular Trapping 52i 00 » f L’^ensee Signature; Total: S38.00 ’•..aanolicalloo^.Mvorivileaesarenotolhflfwijwruwoked * awor r m :i.2)Jl'i.VM(|;.Police Department Proudly Serving Orono, Long Lake, Minnetonka Beach and Spring Park Dedicated to Fairness. Service, Pride and Quality November 4,2003 RE: Trapping Permit Application Dear Homeowner: This letter is to inform you that an application has been made to trap beaver that are currently doing damage to private property in the area of the cul-de-sac end of Orono Oaks Road in the city of Orono. This damage involves the destruction of trees on private property and the flooding with subsequent damage to the road bed of Orono Oaks Drive. Orono Oaks Drive is a private road which is owned and maintained by the adjoining property owners. The primary trapping focus is to occur in the area of 1320 Orono Oaks Drive. City ordinance requires all property owners liNing within 500 feet of the trap area be aware that trapping permits are being considered. Should you wish to address the Council prior to the permit being issued to express any concerns or support , please note that this matter will be decided at the November 10,2003 Orono City Council Meeting. As an alternate to appearing before the Council you may contact Sgt. Kurt Erickson prior to November 10,2003 at 952/249-4700 to register your thoughts on the matter. Sincerely, Kurt Erickson Sergeant Orono Police Department For Stephany Good Chief Orono Police Department Cc: Ordinance 70-71 Mailing Addms: PO Box 86 • Cr>stal Bay. MN S531? • Building Address: 2730 Kelley Parkway • Orono. MN S53S6 Polk* 911 • Administration 952-249-4700 • Non-Emergency 763-525-6210 • Fax 952-476-3028 E-mail: oronopd@ci.orono.mn.u> • Website: http'7/www.ci.orono.mn.us James Palmer 1350 Orono Oaks Drive OronoMN S53S6 Clark Jenny 1320 Orono Oaks Drive OronoMN SS3S6 Jim Henninger 1335 Orono Oaks Drive OronoMN 55356 Jack Hauser 1555 Orono Oaks Drive OronoMN 55356 Chris Erickson 1225 Orono Oaks Drive OronoMN 55356 David Struyk 40 Orono Orchard Road N. Orono MN 55356 Tom O’Keef MNDOT 1500 West County Road B2 Roseville MN 55113 t 70-39 ORONO CITY CODE Secs. 70-3»—70-70. Reserved. article ui . offenses involving PUBUC SAFETY* DIVISION 1. GENERALLY Sec. 70-71. Animal trapping. (a) Purpose. It is the purpose of this section to preclude the potential harm that may be inflicted upon people, particularly children, and to prevent the crippling, unselective catching, and destruc­ tion of wildlife and domestic animals that may come into contact with traps. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a dif­ ferent meaning: Leghold trap means any device consisting of two metal jaws which lie horizontally to form a circle, square or similar shape when the trap is set, or a trap which is similar in design and which is intended to catch and secure an animal by the leg, toes or paw. Such a device may be known as a "steel," "jaw(ed) leg," "long-spring," "coil-spring," "flat-under spring," "foot," "front-hold," "game" or similar named trap. Trapping means the setting or laying, or other use of a trap with the intent of capturing or killing an animal. (c) Leghold traps prohibited. It is unlawful for any person to set, place or use any leghold animal trap. (d) Limited permits. In extraoidinary cases, the council may grant a limited permit for the abatement of a specific animal nuisance, but only when the proposed use is determined to be in the public interest and will not cause any hazard to children, other wildlife or domestic animals. Per­ mits shall specify time limits for trapping, loca­ tion, number of traps and approved maintenance procedures of trap lines. Applications for limited *Stale law reference—Offenses involving public safety, Minn. Stat $ 609 66 et eeq. permits shall be made to the chief of police and shall be accompanied by a written statement of proof of hardship and a certified property owners' list of property owners within 500 feet of the trapping area. Property owners shall be notified that such application is being considered by the city. The permit fee shall be as set by resolution of the council. (Code 1984, § 9.11) CroRS reference—Animals, ch. 62. Sec. 70-72. Exposure of dangerous container. It is unlawful for any person being the owner or in possession or control, to permit an unlocked refrigerator, icebox or other container sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the container out-of-doors, or in an unlocked acces­ sory building, accessible to children, without lock­ ing the doors or remo^mg the lids, hinges or latches. (Code 1984, § 9.KX11)) State law reference—Similar provisions, Minn. Stat. S 809.675. Secs. 70-73—70-95. Reserved. DIVISION 2. WEAPONS AND EXPLOSIVESt Subdivision I. In General Sec. 70-96. Exceptions. Nothing in this division shall apply to: (1) Persons who obtain the appropriate per­ mit as set forth in this division; (2) A peace officer in the discharge of his dut>" (3) A person in the lawful defense of his person or family; (4) A display of fireworks by an organization or group of organizations authorized in writing by the chief cf police, application for permit being made at least 15 days prior to the event; or (State law reference—Local regulation of Sreorma. Minn. Stat. i 471 633. n CD70:4 Minnesota Statutes 2003,97B.655 Minnesota Statutes 2003. Table of Chapters Table of contcnls_fbr.Chapier,97B 97B.655 Taking animals causing damage. Subdivision 1. Oimmrs and occupants may takm certain animals. A person may take mink, squirrel, rabbit, hare, raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the person where the animal is causing damage. The person may take the animal without a lice.nse and in any manner except by poison, or artificial lights in t.he closed season. Raccoons may be taken under this subdivision with artificial lights during open season. A person that kills mink, raccoon, lynx, bobcat, fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer or employee of the Wildlife Division within 24 hours after the ani.mal is killed. Subd. 2. Special permit for taking protected wild arimala. The commissioner may issue special permits u.-:der section 97A.401, subdivision 5, to take protected wild animals that are damaging property. HIST: 1986 c 386 art 2 s 53; 1937 c 149 art 1 s 50; 1989 c 287 s 5; 1997 c 226 s 33; 2002 c 323 s 12 Copyright 2003 by the Office of Revlsor of Statutes/ State of Minnesota. Page I of I I http://vsrww.revisor.teg.state.mn.us/stats/97B/6SS.html 11/4/03 CITY OF ORONO 10/28«39:21AM Page 1 check register Chock Nunnbor Employto Namo__ DODGE. RACHEL M. LESKINEN. DENISE M. situs. BARBARA G. ANDERSON. BRUCE L. ARNESON. JOSHUA A BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M CARLSON. MICHAELS. DEMBOUSKI. JAY C ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DANT. MADSON. ADRIENNE M MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R. RUSSETH. KYLE M. TOMCHECK. LAWRENCE F. TOMCZYK.MARKW. WITTKE. ANTHONY A. HERMAN. JOHN R. GAFFRON. MICHAEL P. MEYER. WILLIAM C. VANG. BRUCE L. GREGORY, JAMES D. HANSEN. STEVEN OBRIEN. RANDY L PALMER. GREGORY A RATHBUN. BARRY J. SKREEN. DALE S. ABRAHAMSON. FRED W. HAMBRO, MARSHAU J JENSEN. RODNEY W. PEICKERT. GARY J POLLEY. MIKE A ROSS. JOHN A SMYTH. KATHERINE R. STEFFENHAGEN. RONALD STORK. JOHN T. MOORSE. RONALD J. VEE, LINDA S. KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON.BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M. CORNICK. JAMES L FISCHER. CHRISTOPHER K. GOOD STEPHANYR. JOHNSON. JEFFREY MCNICHOLS. DAVID L. SCHOENHOFF. JOHN B. TOMCHECK. LAWRENCE F. LEE. JOSEPH P. BOLTERMAN. MATTHEW A. FOTH. MELANIE C. 053527 053528 053529 053530 053531 053532 053533 053534 053535 053536 053537 053538 053539 053540 053541 053542 053543 053544 053545 053546 053547 053548 053549 053550 053551 053552 053553 053554 053555 053556 053557 053558 053559 053560 053561 053562 053563 053564 053565 053566 001169 001170 001171 001172 001173 001174 001175 001176 001177 001178 001179 001180 001181 001182 001183 001184 001185 001186 001187 Pay Chack Chack Ptrlod AlTKHJnt Data Chack Status 22 $1,005 96 10/29/03 Outstanding 22 $972.90 10/29/03 Outstanding 22 $65521 10/29/03 Outstanding 22 $63837 10/29/03 Outstanding 22 $1,02387 10/29/03 Outstanding 22 $91623 10/29/03 Outstanding 22 $1.483 96 10/29/03 Outstanding 22 $729 58 10/29/03 Outstanding 22 $405.28 10/29/03 Outstanding 22 $1,584 13 10/29/03 Outstanding 22 $1,805.03 10/29/03 Outstanding 22 $2.09323 10/29/03 Outstanding 22 $1,516.45 10/29/03 Outstanding 22 $669 06 10/29/03 Outstanding 22 $731.05 10/29/03 Outstanding 22 $1.922 46 10/29/03 Outstanding 22 $394.43 10/29/03 Outstanding 22 $1,126.77 10/29/03 Outstanding 22 $47383 10/29/03 Outstanding 22 $1.774 45 10/29/03 Outstanding 22 $1.349 37 10/29/03 Outstanding 22 $834.81 10/29/03 Outstanding 22 $1,407 16 10/29/03 Outstanding 22 $677.09 10/29/03 Outstanding 22 $1,406.61 10/29/03 Outstanding 22 $1,039.36 10/29/03 Outstanding 22 $307.25 10/29/03 Outstanding 22 $782.65 10/29/03 Outstanding 22 $65657 10/29/03 Outstanding 22 $1,018.60 10/29/03 Outstanding 22 $1.009 69 10/29/03 Outstanding 22 $172.14 10/29A)3 Outstanding 22 $79 82 10/29/03 Outstanding 22 $65.31 10/29/03 Outstanding 22 $296.70 10/29/03 OuUtanding 22 $4234 10/29/03 Outstanding 22 $12535 10/29/03 Outstanding 22 $28013 10/29/03 Outstanding 22 $1,497.53 10/29/03 Outstanding 22 $190 85 10/29/03 Outstanding 22 $2,369 18 10/29/03 Outstanding 22 $1.21064 10/29/03 Outstanding 22 $1,407.78 10/29/03 Outstanding 22 $1,348 17 10/29/03 Outstanding 22 $1.028 76 10/29/03 Outstanding 22 $1,135 00 10/29/03 Outstanding 22 $110 00 10/29/03 OuUtanding 22 $20 00 10/29/03 OuUtanding 22 $40 00 10129/03 Outstanding 22 $1,547.63 10/29/03 Outstanding 22 $1.492 84 10/29/03 Outstanding 22 $1.948 51 10/29/03 Outstanding 22 $1,448.70 10/29/03 Outstanding 22 $875 00 10/29/03 Outstanding 22 $1.563 85 10/29/03 OutstantSng 22 $900 00 10/29/03 Outstanding 22 $274.65 10/29ruj Outstandkig 22 $1,190.24 10/29/03 Outstandbig 22 $1.12381 10/29/03 Outstandbtg COUWCFL MEETING NOV 1 0 2003 CITY OF ORONO cmroFORONO 11/04/03 9:24 AM Page 1 ch«ck rvgistor .' • ’'V< ■ " ■ c I Omck Numbtr Employe Him# Chtek Amount Chtek Ditt Chick Stitui 093973 093974 093979 053976 063977 093979 PETERSON. BARBARA MCMIUAN. ELIZABETH T. MOORSE. RONALD J. SANSEVERE. ROBERT K. MURPHY. JAMES L WHfTE. JAMES M. $323.22 $269.36 $346.31 $269.36 $269.36 $269.36 11/109)3 Outsttndlng 11/KV03 Outstanding 11/109)3 Outstanding 11/109)3 Outstanding 11/109)3 Outstanding 11/109)3 Outstanding $1.746 97 isiuj CITY OF ORONO clMck ragittor 1(V2a/039:21 AM P«ge2 Chock Numbor gmployo Namo P*y Pwtod Clwcll Amount Clwck Oolo Chock SM m 001188 GAFFRON,MK»4AELP.22 8129.00 10/29/03 Oulstandkig 001189 QAPPA, GREGORY A.22 81,962.00 l0/29m Outsttnding 001190 OMAN. LYLE E.22 $1,394.99 10/29/03 Oirtstandino 001191 WAATAJA. JANICE J.22 $1,172.33 10G9/03 Outstanding 001192 DEBAERE. DONALD L 22 $1,372.88 10m/03 Outstanding 001193 HANSEN. STEVEN 22 $75.00 1(V29m Outstanding 001194 OBERAIOrCR. SCOTT G.22 81,248.87 10/29/03 OutstaiHing 001199 OBRIEN. RANDY L 22 8500.00 10/29/03 Outstanding 001196 PALMER, GREGORY A.22 839000 10/29/03 Outstanding 001197 RATHBUN, BARRY J.22 ___8200.00 884.597.63 10/29/03 Outstanding M 1.. rf~Wi* - I rT -i'lT ni ittfcfc F : « CITY OF ORONO 11/07/03 12 37 PM Page 1 *Check Detail Registei® NOVEMBER 2003 ClMck Amt Invoice Comment 10100 Primely Ceeh Paid ChkO 076856 11/6/2003 EMERGENCY AUTOMOTIVE TECH INC E 10142110-221 Equipment Parts & Accessories E 60249450-221 Equipment Parts & Accessories Total EMERGENCY AUTOMOTIVE TECH INC ($201.66) 486006 ($24 07) DS090903-1 Void Ched( #76656 Void Check #76656 ($22593) Paid Chk# 077026 11/6/2003 ACE TRAILER SALES E 101-43000-240 Small Tools and Minor Equip Total ACE TRAILER SALES ($500 55) 553 Void Check 77026 ($500 55) Paid Chk# 077082 1176/2003 PLYMOUTH. CITY OF E 10142110437 Training 6 Development ToUl PLYMOUTH. CITY OF ($54.00) Void ($54 00) Void Check #77082 Paid Chk# 077107 11/10/2003 ACCLAIM BENEFITS E 10141900469 Other Miscellaneous Charges E 10141900-469 Other Miscellaneous Charges Total ACCLAIM BENEFITS $64 00 339302 $137 75 339303 $221.75 COBRA Adm-10/2003 FSAAdm-10/2003 Paid Chk# 077106 11/10/2003 ACE SMALL ENGINE CENTER E 10143000-240 Small Tools and Minor Equip $500 55 553 Total ACE SMALL ENGINE CENTER Pole Saw $500.55 ^aid Chkf 67^109 11/10/2003 ACTION RADIO ft COMMUNICATIONS E 101-421 10-5S0 Automotive Equipment $2.746 33 2378 E 10142110-550 Automotive Equipment ____ Total ACTION RADIO S COMMUNICATIONS $5 892.70 $3.146 37 2378 Set Up Squad 196 Convert Marked/UnmarVed PaidChM 6^^110 11/10/2003 AOT SECURITY SYSTEMS E 61349630403 Repairs/Maint-Misc Equip $106 50 56439696 Motion Detector Install Total ADT SECURITY SYSTEMS $106.50 Paid Chk# 077111 11/10/2003 ANDERSON. KRISTI E 10145200-319 Other Professional Services E 10143000-319 Other Professional Services Tout ANDERSON. KRISTI $165 00 11/3/03 $165 00 11/3/03 CC Minutes -10/27 CC Minutes -10/27 $330.00 Paid Chk# 077112 11/10/2003 ARNOLD A RYE PRINTING E 10141900-352 Printing 6 Publishing ToUl ARNOLD A RYE PRINTING Fall Newsletter $3.163 29 Paid Chk;; 077113 11/10/2003 AUTOMATIC SYSTEMS CO. G 601-16500 Fixed Asset-Const in progress G 602-20600 Contracts Payable G 602-16500 Fixed Asset-Const in progress G 602-20600 ContracU Payable Total AUTOMATIC SYSTEMS CO. $51189 RFP3F $2,192.80 RFP3F $1.535 67 RFP3F $6.578 40 RFP3F RFP#3F-SCAOA RFP #3F • SCAOA RFP #3F - SCADA RFP #3F-SCAOA $10.81876 Paid Chk# 077114 11/10/2003 BAYSIDE FLORAL G10M9999 Suspense Account .1 $35.66 25570 Plant - Hansen Total BAYSIDE FLORAL $35 66 Paid Chk# 677115 11/10/2003 BEAUCHENE MAJLIS E 10141900-352 Prinbng A Publishing $367.14 277 Fall Newsletter Total BEAUCHENE MAIUNG $367 14 Paid Chk# 077116 11/10/2003 BIFFS INC. CITY OF ORONO *Check Detail Register® • 11/07/03 12 37 PM Page 2 NOVEMBER 2003 Check Amt Invoice Comment E 101-45200415 E 101-45200415 E 101-45200415 E 613-49830415 E 101-45200-415 E 101-45200415 Other Equipment Rentals Other Equipment Rentals Other Equipment Rentals Other Equipment Rentals Other Equipment Rentals Other Equipment Rentals Total BIFFS INC. $117.89 $73.96 $73.96 $58.73 $36 98 $155.98 W206982 W206983 W206984 W206985 W206986 W206987 Portable Portable Portable Portable Portable Portable Bederwood Summit Beach Hackberry GC CB Playgmd Nvr Ptygmd $517.50 PaidChka 077117 11/10/2003 BKV GROUP E 425-48945-304Engineering-Consulting Total BKV GROUP $3,441.61 20971 $3,441 61 Navarre Fire Station Paid ChMP 077118 11/10/2003 BUDGET PRINTINO E 101.42110*221 Equipmant Paris & Accessorias $313 52 28557 Jr Officer Badges E 101-41900-201 Office supplies $6.18 28647 Engraving E 101-42110-221 Equipment Parts & Accessories $119.76 28671 No Parking Signs Total BUDGET PRINTING $439.46 PaidChk# 077119 11/10/2003 CEN1 E 602-49450381 Gas 8 Electric E 602-49450381 Gas & Electric E 601-49400381 Gas & Electric E 101-41900381 Gas & Electric E 101-42110381 Gas & Electric E 101-41900381 Gas & Electric E 601-49400381 Gas & Electric Total CENTERPOINT ENERGY $37.77 $11.77 $12.59 $7553 $7987 $97.60 $n2.^ $42722 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service Paid Chk# 077120 11/10/2003 CHAMPION AUTO STORES E 101-43000-222 Vehicle Equipment & Parts Total CHAMPION AUTO STORES $21.29 0229401 $21 29 Light Aaid Chk# 077121 11/10/2003 CHUNKS LAKESHORE AUTO E 101-42110-402 Repairs/Maint-Auto Equip $200.05 24461 Battery. Oil #190 E 101-42110-402 Repairs/Maint-Auto Equip $33.48 24465 Oil# 194 E 101-42110-402 Repairs/Maint-Auto Equip $31.24 24495 Oil #192 E 101-42110-402 Repairs/Maint-Auto Equip $208 81 24512 Oil. Brakes #196 E 101-42110-402 Repairs/Maint-Auto Equip $107 74 24527 Oil. Tire. Radiator #191 Total CHUNKS LAKESHORE AUTO $581.32 Paid Chk* 077122 11/10/2003 CLASSIFIEDS E 101-41900-352 Printing S Publishing $85 50 21707 /VIv For Emp - CS Assist Total CLASSIFIEDS $85.50 ^aid Chk# 077123 11/10/2003 CONSTRUCTIVE IDEAS E 425-48945-304 Engineering-Consulting $3,240_00 4319 Nav Fire - September Billing Total CONSTRUCTIVE IDEAS $3.240 00 Paid Chk# 077124 11/10/2003 CORNICK« JAMES E 101-42110-437 Training & Development $171.98 10/8/03 Lodging-MNSCIA Conf Total CORNICK, JAMES $171.98 Paid dhkS 677125 ^^yVo/2003 DAHLKE TREE SERVICE E 613-49830-404 Rapairs/Maint-Bldgs/Orounds $797.50 10/1/03 Stump Grinding - GC Total DAHLKE TREE SERVICE $797.50 F>aidChk# 077126 11/10/2003 OCA-MREONLY CITY OF ORONO *Check Detail Register® 11/07A)3 12 37PM Page 3 NOVEMBER 2003 Check Amt Invoice Comment G 101-21719DCA/Spending Accounts Total DCA-WIRE ONLY $498.76 10/26/03 $496.76 Flex Spending 10/28 ^akj Chk# 077127 11/10/2003 DELL E 101-42110-221 Equipment Parts & Accessories $98 68 509401361 Povier Adp. Keyboard Total DEU $98 68 Paid Chk# 077128 11/10/2003 DEPT OF ADM - INTERTECH GROUP E 101-42110-311 Data Processing Communication $37 00 OV03090312 PVC Circuit E 101-41900-321 Telephone $118.30 W03090603 Phone Service 9/03 E 101-42110-321 Telephone $50.70 W03090603 Phone Service 9/03 Total DEPT OF AOM-INTERTECH GROUP $206.^ Paid Chk# 077129 11/10/2003 DOBO*S E 101-4S200-439 Meeting Expenses $103 84 5416 Box Lunches - Park Tour ToUl DOBO'S $103.84 Paid Chk# 077130 11/10/2003 EJ MAYERS INC G 602-20600 Contracts Payable ($1,145.00) RFP1 RFP#1 Old LLRdSwrExt G 602-16500 Fixed Asset-Const, in progress $22.900 00 RFP1 RFPil OldLLRdSwr Ext ToUl EJMAYEMINC $21,755.00 Paid Chk# 077131 11/10/2003 E-Z RECYCLING E 101-43270-316 Contract Recycling Pickup $6.409 20 5852 Recycling 11/2003 Tout E-Z RECYCLING $6.40920'” Paid Chk# 077132 11/10/2003 EMERGENCY AUTOMOTIVE TECH INC E 602-49450-221 Equipment Parts & Accessories $24 07 DS090903-1 Bulb Total EMERGENCY AUTOMOTIVE TECH INC $24.07 Paid Chk# 077133 11/10/2003 ERICKSON. KURT E 101-42110-437 Training & Development $171 9^10W3 Lodging MNSClAConf Total ERICKSON. KURT $171.98 Paid Chk# 077134 11/10/2003 FIRST STUDENT E 101-43290-600 Special Projects. Contingency $145 00 99010560 Bus Rental ToUl FIRST STUDENT $145 00 Paid Chk# 077135 11/10/2003 GAKSERVICES E 101-43000-226 Clothing & personal equipment $7285 006-718142 Uniforms E 61349830-226 Clothing & personal equipment $576 006-718142 Uniforms E 10143000-221 Equipment Parts & Accessories $5272 006-718142 Shop Toerels E 60149400-226 Clothing A personal equipment $12.15 006-718142 Uniforms E 60249450-226 Clothing A personal equipment $3645 006-718142 Uniforms E 10143000-226 Clothing A personal equipment $69.70 006-724743 Uniforms E 60149400-226 Clothing A personal equipment $11.62 006-724743 Uniforms E 60249450-226 Clothing A personal equipment $34.86 006-724743 Uniforms E 61349830-226 Clothing A personal equipment $5.76 006-724743 Uniforms E 10143000-221 Equipment Parts A Accessories $54 64 006-731275 Shop Towels E 60249450-226 Clothing A personal equipment $36 51 006-731275 Uniforms E 10143000-226 Clothing A personal equipment $72.96 006-731275 Uniforms E 60149400-226 Clothing A personal equipment $12.17 006-731275 Uniforms E 61349830-226 Clothing A personal equipment $5.76 006-731275 Uniforms E 10142110404 Repairs/Maint-Bldgs/Grounds $106.11 006-737814 Mat Service - PD E 10141900404 Repairs/Maint-Bldgs/Grounds $54 90 006-737815 Mat Service - Adm E 10141900404 Repairs/Maint-Bldgs/Grounds $62.07 006-737818 Mat Service • CC E 601-49400-226 Clothing A personal equipment $1256 006737813 Uniforms CITY OF ORONO *Check Detail Register® •• 11/07/03 12 37 PM Page 4 NOVEMBER 2003 Check Amt lii¥olce Comment E 101-43000-226 E 101-41900-404 E 613^9830-226 E 602-49450-226 Clothing & personal equipment Repairs/Maint-Bldgs/Grounds Clothing & personal equipment Clothing & personal equipment Tout G4KSERV1CE8 $7536 $94.26 $576 $37 66 $932.61 006737813 006737813 006737813 006737813 Uniforms Mat Service-PW Unifroms Uniforms Paid ChM 077136 11/10/2003 GERRINO’S CAR WASH E 101-42110-403 Repaira/Maint-Misc. Equip E 101-42110-403 RepairsMaint-Misc. Equip Tout GERRING'S CAR WASH $11.03 $11.03 $220C 11/103 11/5C3 Car Wash Car Wash Paid Chki 077137 11/10/2003 GRAINGER E 101-43000-221 Equipment Parts & Accessories Total GRAINGER 49&-675a44-7 Ear Protect. Wheel see^: 11/10/2003 HALME8ABIPaid Chki 077138 E 101-43000-221 Equipment Parts & Accessories Total H&LME8ABI $m4J 59495 $794 45 Cutting Blades Paid Chki 077139 11/10/2003 NANCE UTIUTY SERVICES. INC E 101-4190G404 Repairs/Maint-Bldgs/Grounds $77^5 7553 ToUl NANCE UTIUTY SERVICES. INC $77 55 Locate Utility Paid Chki 077140 11/10/2003 NENNEPIN COUNTY INFOR TECN DPT E 101-42110-414 EDP/Communications Equip Rent 23105025 Total HENNEPIN COUNTY INFOR TECN DPT $1.541.89 Radio Lease 10/2003 Paid Chki 077141 11/10/2003 NENNEPIN COUNTY SHERIFF E 101-41600-309 Jail Chafes $753 63 1-133-212 Bookings - 9/2003 ToUl HENNEPIN COUNTY SHERIFF $753 62 Paid Chki 077142 11/10/2003 NENNEPIN COUNTY TR-TAX PYR SRV E 602-49450-352 Printing & Publishing $32 53 20C3-121 Tout HENNEPIN COUNTY TR-TAX PYR SRV $32 5C Homestead Swr Project Paid Chki 077143 11/10/2003 HYDRO SUPPLY CO. E 601-49400-227 Utility System Maint Supplies Total HYDRO SUPPLY CO. $93J4 25C25 $93 64 Meter Head 11/10/2003 IRRIGATION MANAGEMENTPaid Chki 077144 E 406-48737-511 Land Improvements Tout IRRIGATION MANAGEMENT $3,700 OC 132E2 $3,700 6c City Hall Irrigalion Paid Chki 077145 11/10/2003 KENNEDY S GRAVEN. CHARTERED E 101-43290-800 Special Projects. Contingency $1.675 03 9/3CC3 E 101-43290-800 Special Projects. Contingency $1.80^* 9/3CC3 Total KENNEDY 4 GRAVEN. CHARTERED $3,479 8: Borgert Condemnation Lurton Condemnation Paid Chki 077146 11/10/2003 KENNETH N. POTTS. PA E 101-41600-306 Legal-Prosecution ToUl KENNETH N. POTTS. PA $2.39165 11/3.C3 Prosecutions 11/03 $2,391.66 11/10/2003 LEAGUE OF MN CITIESPaid ChWr077147 E 101-41110-433 Memberships & Subscriptions ToUl LEAGUE OF MN CITIES $5.197 63 9/2 C3 LMC Dues 2003-04 $5.197.0C Paid Chki 077148 11/10/2003 LOFFLER COMPANIES. INC CITY OF ORONO *Check Detail Register® 11/07/03 12 37 PM Pages I NOVEMBER 2003 Check Amt Invoice Comment E 10M2110-240 Small Tools and Minor Equip Total LOFFLER COMPANIES, INC S6 230 25 79980A Digital Recording Equip $6 23025 ^aidChM 077149 11/100003 MCLEOD USA • PHONE BILLS E 602-49450-321 Telephon*$39 45 1630274 Phone Service E 601-49400-321 T*l«phcne $42.95 163G274 Phone Service E 601-49400-321 Telephone $22 65 1630274 Phone Service E 101-41900-321 Telephone $475 64 1630274 Phone Service E 602-49450-321 Telephone $52.65 1630274 Phone Service E101-42110-321 Telephone $203.85 1830274 Phone Service Total MCLEOD USA-PHONE BILLS $637.39 PeMChW 077150 11/10/2003 MEDIA COM E 613-49830-415 Other Equipment RenUla S13 47 921620039831 Receiver. Movie Total MEDIA COM $1347 Paid Chkf 677151 11/10/2003 MIDWEST FUELS G101-14101 Getoline Invemory $2.810 14 18028 1633 1 Gals Unleaded E101-43000-212 Motor Fuels S Lubricants S4163S 18028 330.7 Gals Diesel Total MIDWEST FUELS $3226.49 Paid Chk6 077152 11/10/2003 MILE E 101-42110-437 Training S Developmeni $225.00 21745 Sexual Psychopath - Boris Total MILE $225.00 Paid ChMI 677153 11/10/2003 MINNEAPOLIS OXYGEN COMPANY E 101-42110-221 Equipment Parts S Accessories $114 01 765000 Medical Oxygen E 602-49450-406 RepairsrMaint-Swr lines/lifts $3169 RI10030881 Cylinder Rental E 101-42110-221 Equipm.ent Parts & Accessories $15 85 RI10030662 Cylinder Rental Total MINNEAPOUS OXYGEN COMPANY $161 55 Paid ChM 077154 11/10/2003 MN CITY/COUNTY MOMT ASSOC. E 101-41300-433 Memberships & Subscnptions $90 00 Moorie Ouas 5/1/03-04 Moorse Tout MN CITY/COUNTY MGMT ASSOC.$90 00 Paid 6hk« 077155 11/10/2003 MN NATIVE LANDSCAPE 0 651 -20600 Contracts Payable ($406 35) RFP 1 RFP«1 St Bay Rd Erosion G 651-16500 Fixed Asset-Const in progress $8 127.00^ RFP 1 RFPfl St Bay Rd Erosion Total MN NATIVE LANDSCAPE $7.72065 PaidChk* 077156 11/10/2003 MOORSE, RON E 101-41300-437 Training & Development $2000 10ni/03 Housing Worksession E 101-41300-439 Meeting Expenses $6971 1001/03 Meetings E 101-41300-437 Training S Development $318 83 1001/03 MCMA Conference Tout MOORSE, RON $406 54 « * Paid Chk# 077157 11/10/2003 MTIDI8TCO. E 613-49630-403 Repairs.Maint-Misc. Equip Total MTIDI8TCO. $47.19 364265-00 Switch $47.19 PaidChk# 077156 11/10/2003 NATIONAL WATERWORKS E 601-49400-221 Equipment Parts & Acoeasorles Total NATIONAL WATERWORKS $264 60 9662960 Hydrant Markers $264 60 PaidChkf 077159 11/10/2003 NCPERS GROUP LIFE INS G 101-21710 Us Insurance $272 00 67321103 PERAUI b 11/03 i CITY OF ORONO *Check Detail Register® 11/07/93 12:37 PM Page 6 NOVEMBER 2003 Check Amt Invoice Comment■■I Total NCPERS GROUP LIFE INS $272 00 Paid Chk« 077160 11/10/2003 NEXTEL COMMUNICATIONS E IOt-42110-321 Telephone S642 40 506573311 Police Phones Total NEXTEL COMMUNICATIONS S642.40 Paid Chk« 077161 11/10/2003 NORLING'S E 101-45200404 Repaifs/Maint-Bldgs/Grounds 84,95999 18499 Crystal Bay Pk-Site Restoratio Total NORLING'S $4,959.99 Paid Chk# 077162 11/10/2003 OFFICE DEPOT E 101-42110-201 Office supplies (S26 48) 220916417-00 Return E 10141900-201 Office supplies ($7 48) 2209171744M Retrun - Calendar E 10141900-201 Office supplies $312.43 222485466-00 Office Supplies E 101-42110-201 Office supplies $312.44 222485466-00 Office Supplies Total OFFICE DEPOT $590.91 Paid Chk# 077163 11/10/2003 PIONEER E 101-42400-340 Generel Advertising $131.34 804 Applications E 602-49450-352 Printing & Publishing $310.44 810 UB Certification Listing Total PIONEER $441.78 Paid Chk# 077164 11/10/2003 QWEST E 613-49830-321 Telephone $60 97 9524739904 Phone Service Tout QWEST $60.97 ’ ^aid Chk# 077165 11/10/2003 RED PEDERSON UTILITIES. INC G 602-16500Fixed Asset-Const in progress $16,505-00 RFP1 RFPfl PhiOps San Sewer G 602-20600Contracts Payable ($825 25) RFP 1 RFP f 1 Philips San Sewer ToUl RED PEDERSON UHLITIESJNC $15,679.75 Paid Chk# 077166 11/10/2003 SCHARBERSSONS E 613-49830-403 Repairs/Maint-Misc. Equip $532.50 9/23A)3 mch Total SCHARBERSSONS $532.^ Paid Chk# 077167 11/10/2003 SEARS E 10143000-221 Equipment Parts & Accessories $34 06 9/15A)3 Misc Toots ToUl SEARS $^.06 Paid Chk# 077168 11/10/2003 SENIOR COMMUNITY SERVICES E 10141800490 Conthbutions to Civic Org's $4.025 00 11/3A)3 Sr Services • 4th Qtr 03 ToUl SENIOR COMMUNITY SERVICES $4,025.00 Paid Chk« 077169 11/10/2003 SHAUOHNESSY, COLIN E 10145200-404 Repairs/Maint-Bldgs/Grounds $2.00000 10ni/03 Mowing • 10/2003 E 10145200-404 Repairs/Maint-Bldgs/Grounds $4,000 00 9/2003 Mowing 8rt>3 & 9/03 ToUl SKAUGHNESSY. COUN $6,000 00 PaidChkO 077170 11710/2003 SNYDER DRUG STORES E 101-41900-201Office supplies $2233 5039-02414 Film E 101-42110-201Office supplies $1702 5039-02423 Film/Processing E 101-42110-201Office supplies $4 04 5039-02424 Tape E 101-42110-201Office supplies $29.779/12A)3 Battsries E 10M2110-226Clothing & personal equipment $3.16 9/14A)3 LintRoOer E 101-42110-201Office supplies $6 36 9/17/03 Film processing E 101-42110-201Office suppiies $2.12 9/24A)3 Card E 101-42110-221Equipment Parts & Accessories $2539 9/5/OZ Film aiuud.I CITY OF ORONO 11/07/03 12 37 PM Page 7 *Check Detail Register® NOVEMBER 2003 Check Amt Invoice Comment E 101-42110-201 Office supplies Total SNYOER DRUG STORES $2.44 919m Card $112.67 PaidChk# 077171 11/10/2003 SPEEDWAY SUPERAMERICA LLC E 601-49400-221 Equipment Parts & Accessories $11.15 0930943030 ToUl SPEEDWAY SUPERAMERICA LLC $11.15 Batteries PaWChk* 077172 11/10/2003 STAR TRIBUNE E 101-42110-340 General Advertising Total STAR TRIBUNE $952 60 12757006 Adv for Emp • Police Officer $952.60 Paid ChMI 077173 11/10/2003 SVEEGGEN, VIRGINIA G 602-11501 Accounts Receivable-w/s Tout SVEEGGEN, VtRGINIA $103.75 11/4/03 UB Overpayment I $10375 Paid Chk# 077174 11/10/2003 TALLEN AND BAERT8CHI E 101-41600-306 Legal-Prosecution Total TALLEN AND BAERT8CHI $200.18 10/2003 Prosecution - Bottenberg i $200.18 PaidChk# 077175 11/10/2003 THE HOME DEPOT E 101-41900-223 Bldg/Grounds Maint Supplies Tout THE HOME DEPOT $156.12 9/25/03 Paint /Supplies $156.12 Paid ditMl 077176 11/10/2003 THE VALUATION GROUP E 101-43290-800 Special Projects. Contingency $1.00a00 230212 Total THE VALUATION GROUP $1.000 00 Appraisal • Carlson Orweway PaidChk# 077177 11/10/2003 TOLL GAS A WELDING SUPPLY E 602-49450-406 Repairs/Maint-Swr lines/lifts $42.17 275884 Total TOU GASS WELDING SUPPLY Helium $42.17 PaidChk# 077178 11/10/2003 TRJ CITY PUBLIC LABORATORY E 601-49400-489 Other Miscellaneous Charges $60 00 9/30/03 Total TRI CITY PUBLIC LABORATORY ' $60 00 Coliform Testing PaidChk# 077179 11/10/2003 TWIN CITY GARAGE DOOR CO. E 101-41900-404 Repairs/Maint-Bidgs/Grounds $82 39 203549 Total TWIN CITY GARAGE DOOR CO. Service Garage Door $82.39 PaidChk# 077180 11/10/2003 TWIN CITY HARDWARE E 101-41900-223 Bidg/Grounds Maint Supplies Total TWIN CITY HARDWARE J95J2 27576 $9512 Door Hardware 11/10/2003 UNIFORMS UNUMITEDPaid Chk# 077181 E 101-42110-226 Clothing & personal equipment Total UNIFORMS UNLIMITED $406 15 192313 Uniform - Grande $406 15 PaidChk# 077182 11/10/2003 VERIZON WIRELESS E 601-49400-321 Telephone E 602-49450-321 Telephone E 101-41900-321 Telephone Total VERIZON WIRELESS $28 32 3513568485 $28 32 3513568485 $344 32 3513632095 Utility Cell Phone Utility CeB Phone CeU Phones $400 96 Paid Chk# 077183 11/10/2003 VESSCOINC. E 601-49400-221 Equipment Parts & Accessories Total VESSCOINC. $51 30 18047 Mtsc Parts $51.30 J CITY OF ORONO " ’11/07^)312 37 PM Pages *Check Detail Register® NOVEMBCRSOOS fsmnniiraRSSisnsf R101-32530 General PermUs ToM VOOTHEATINOAAIR Check Amt Iweolce Commenl S500.00 P06613 Refund 847 Tonkaera S500.00 PakJChki 077185 11/10/2003 WE8TS«)€ VVNOtESALE TIRE E101-43000-403 Repaks/Maint-Miac. Equip ____ Total WE8TSI0EVVH0LESAIJF.TIRE $1821 519752 Ike Repair $18.21 PaidiiJJ 6>718^ 11/l6/ibdi WIIITERI^MER«AU88A E101-41300-310 Other Proiassional Services __ Total WINTERHHEMER. AU88A $140 00 46 CcMimiles-10/13/03 $140.00 10100 Primary Cash $135,712.94 Fund Summary 101 GENERAL FUND 406 PERMANENT IMPROVEMENT REVOLVE 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $66,133 07 $3.700X $6,681 61 $1,259.68 $48.577 83 $1,639 90 $7.720 65 $135,712.94 f INFO-RMATION ITEMS i'-v ■ . J - 'v'r COUNCIL MEETING >• i' 'K '.- 'r i . V nniiwrn mfeting r:ov I c 2003 OF CII Y OF OHONO % % ./J ♦ Kepoki OcTuiiiiU \ oi.. II. IssfL J Council -Manager -Citizen Relations : A Contemporary Look - /.> ihmcycr T n I W.V 1 wrote an article lor /W1 I Mii/iizine entitled 'Counul-Mana^:er JL Relations Time lor Adiiistment Before It Is Too Late ' I he article was intended to emphasize to Citv Managers and Administrators the importance of recognizing* and reacting to the ever changing political environments m which they operate Lociking at the expectations ol the elected oHicials from twenty years as compared to today it is apparent that more than ever, the effective man­ ager IS the perceptive manager that is willing to take some risks 1‘he trend today IS toward a more participatory government one that reflects changes in society and repiesents what citizens now expect of their elected officials A contemporarv' approach to city gover ­ nance pairs the Council and Manager in an effort io meet the growing expec ­ tations of citizens to have a voice in local government The Past Throughout my 35 year career as a City Manager executive search con ­ sultant, and City Councilmemher 1 have obserxed what city councils expect from managers in temts of orga ­ nizational skills and management st>*le In the late 1970s and early '80s elected officials looked for managers with experience in ec»momic development union relations and skills in grantsman- ship An aura of authoritx* and a low profile were desirable traits as was a steady career path and skills in working with the governing body as a single- unit By the late l^)80s and early 90s. the big issues were traffic, recycling and the environment neighborhcwid development technology goal setting and customer serx ice Courxils sought manageis with persuasive skills and high levels of energ\' Skills in conflict resolution and sensitivitv' to political realities kept managers out of trouble In the mid t(» late 90s the shift was to a visionarx' stvle of management with specific attention on long range plan­ ning development and redevelopment C ities were providing more leisure amenities and citizens were participating in increasing numbers Staff develop ­ ment K-came more important and effective managers were expected to share the leadership and empower the employees Diversity gender sensitivity and a strongly held value s\ siem were highly desirable qualities What is Evolving Today our cities require more intellectual and creative approaches to problem solvir;* Rightsizing" an organization often leads to discussions about combining services and exploring privatization options Cities are taking a more regional approach m an attempt to economize yet strive to keep deci­ sion making local i^ublic Involvement W hile public administrators cannot take t)n the entire role of c-stablishing a vision for their communities they can push elected officials for thoughtful and continuing discussions about preparing for the future Public participation in the planning and design of a project has become a crucial component of the economic development and The Brimeyer Group. Inc, EXrilTIVL SI \Rfll MKil ONSl LriMi Fifty South Ninth Avenue Suite 101 Hopkins. MN 55343 30 OCT RECEiVCO OCT V I JOOJ OTYOFO()c »,o KUyor and City CouncU City of OiQOO P. O. Boa 66 CiyMid Bay. MN SS323 lititiililnilliiililtiHilliiillmilliiiiiiiilinilliiiniii The B rimeyer Crouf A ssignments Recent/Cumnt: City of Faribault. MN Director of Public Works City of Park Rapids, MN Police Chief Liesch Associates, MN Landfill Engineer City of Forest Lake, MN Director of Public Safety City of Mahtomedi, MN City Administrator City of West Liberty, lA Cry Manager Representative Searches: City of Newton, lA City Administrator City of Faribault, MN Comm Development Dir. City of Northfield, MN Comm. Development Dir. City of Luverne, MN City Administrator East Central Solid Waste Commission, MN Executive Director Swift and Yellow Medicine Counties, MN County Engineer City of Austin, MN City Administrator Rice County, MN County Administrator City of Moorhead, MN City Manager City of Albert Lea, MN Housing Authority Director Council -Manacer -Citizen Relations : a contemi 'orary look COMfmufJ redevelopment process An understand­ ing of how to mana.'t task forces and build public c ^en<-s are essential tools lor today's j jb'. c administrators Elected officials and liministrators must work together to de*. tiop a model for inclusive decision m:k:ng and the man­ agement of citizen or:nion in a civil and rational environmer: The short temi detriment ot spcndirj a prolonged time period to reach conse-.'us is insignificant compared to the lonz temi benefit of reaching a decision irat is understood accepted, and supposed b\’ the citizens Knowing how to "seli an idea or concept should K* a required v.:ll The fomiulated policies then need to be clearly stated and easily understocc by the voters gelling airline tickets online. Greater accurac>' and increasing timeliness of information will be necessary Governance Public expeciaiions s'-d public trust will be a growing concer- :or public admin- isiraiors The criiica! attitude toward government that began with Watergate has grown more intcrse with each new presidential controve'';. and has been further amplified by recent scandals in the corporate world because the media secs almost every' cor.riict as a potential scandal a good publ!C relations approach from city' ha!l is essential Citizens have come to expect accounta­ bility', participation and a level of service that holds the line on costs Elected officials must learn to do more with fewer resources The solutions needed to meet these demands may be multiple, complex, and frustrating However, with a thoughtful mission statement, a sound governance model for making decisions, strong citizen panxipation and a high level of trust belvseen the elected officials and the staff, todas s elected officials may be proud to answer the question , W hat will our successors say about the decisions we are making today?"* To C ontact U s We invite you to visit our web site at: u*u'u’ hnm^rouf) com to review our current assignments or access copies of other recent Bnm Reporii The Internet exerts a >n'ong influence on how people sec tbttr government. Citizens expect to access government services and informat:on as easily as If you know of someone else who would like to receive cop es of the Bnm Report newsletter, please e-mail their name and address to us and we will add them to our mailing list. Contact us at: brimgroup@aol.com r U ! I •t r :;• f-/ •*' •*-.;■ v^-- ■ . .’-/’•p't. / A£iomn OIL CORPORATION 408 St. Peter Street. Suite 434 Saint Paul. Minnesota 55102-1119 ■ ■ .lif ^jp/ *i-> .I** ! ■ % ’ . '-^V- ' , t>5 ^ > f, • «. ..i - n']r ,■ . a' 1 " i ^ ■ y *•.* « / 0 C i { rccbveo NOV 0 3 2003 CUYOFORONO p. 0 ■ [i? (c 553^^Ci^ J i:icomn OIL eOROOIIATIOM meDveo NOV 03 2003 CITYOFORON o Oct3o'^ L wi--. iisl CITYoTORONO RESOLUTION OF THE CITY COUNCIL NO. »3 0 I 7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPA!. ZONING CODE SECTION 10.03, SUBDIVISION 10 FILE NO. 03-2921 WHEREAS, Edward 11. Hamm*, Trustee, (hereinafter “tlie applicant”) is the owner of the property located at 485 Orono Orchard Road South within the City of Orono (hereinafter the “City”) and legally described as follows: See Exhibit B (hereinafter the “property”); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 10.03, Subdivision 10 to allow the installation of an entrance gate at the rear entrance to the property which is considered a “through lot” by City Ordinance. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #03-2921. The property is located in the RR-IB One Family Rural Residential District, which requires a minimum lot area of 2 acres and a minimum lot w idth of 200 ”. The lot conforms to width and area requirements. *as Trustee under the Trust of Edward II. Hamm originally established on August 14,1992. as suKsequcntly amended and restated in its entirety by Amendment and Rc.statement of Trust of Edward H. Hamm dated October 10,1995, and as further ameiided and restated by Amendment and Restatement of Trust of Edward H. Hamm dated February 26,1999. Page 1 of 5 « ir. I ■CVTTJi: *ill- GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 5 0 17 3.The Planning Commission reviewed this application at a public hearing held on July 21, 2003 and recommended approval of the conditional use permit based on the following findings: a. The propcity has frontages in the front and rear of the property making it a through lot. b. The entrance gate is considered an accessviry structure, and c. The location of the proposed entrance gate will be setback so as to meet the 50’ rear yard setback required. 4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5.The City Council finds tliat the conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difilculty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal Zoning Code Section 10.03, Subdivision 10 to allow Uu installation of an entrance gate, subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes or the scope of this approval will require further Planning Commission and City Council review. Page 2 of 5 4 utliinmrfTfnimi' GITYofORONO RESOLUTION OF THE CITY COUNCIL 50 17NO. Authorities granted by this resolution run with the property not writh 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 conditional use permit will expire on that date (July 28,2004). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28*’* day of July. 2003. ATfES'l': Linda S. Vee. City Clerk Barbara A. Peterson, Mayor /O dUA^ Property 0\vner(s ♦as Trustee under the Trust of Edward 11. llamm originally established on August 14,1992, as subsequently amended and restated in its entirety by Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995, and as further amended and restated by Amendm. nt and Restatement of Trust of Edward H. Hamm dated February 26,1999. «>• Page 3 of 5 IliillfailiaiifcniiiiiiiaiWiTiiTaiMii nil liTii ClTYofORONO tkiii!mo3 RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ^ 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 municir^ corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN 4^;foregoing instrument was acknowledged before me on thisu day of <^t< 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. -■»' 'Jr R/,CHEL OCrCt \ notary Pucuc-c:. ^A /- Notary Public Page 4 of 5 .W 1 M ■ 1 CITYoTORONO RESOLUTION OF THE CITY COUNCIL NO. So 1 7 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this jl/^^dav of (0 Q 4 o 2003 by Edward H. Hamm, as Trustee under the Trust of Edward H. Hamm originally established on August 14,1992. .i9 (' ) • kPS»^"- ’RACHaOC' N0T/urri>uBuc-(.’';. m Eieini.kn : .r : '- ; L»-g. DccCc^ Notary Public ® V£CSCC32a Page 5 of 5 ■ ■ ;4|.. LOAHoM rt=aATE . Wi-ftt ^0'6ETft*itK SITE PLAN ip MacDonald, ft Mack Afckicctt.Lia •ISvi • ■■ '.. . 3S cn o 0PkauaiKiU 9m Mi.Edwttd Hamm — o OATIS s t3» <a > A1 r?—? EXHmrr o\j 1 T 1.That part of the Southwest Quarter, which lies North of the South line of the Northwest Quarter of the Southwest Quarter, of Section 2, Township 117 North, Range 23 West of the FiRh Principal Meridian described as follows: Beginning at the northeast comer of the Southwest Quarter of the Southwest Quarter of said Section 2; thence South along the East line of said Southwest Quarter of the Southwest Quarter a distance of 434.3 feet to a point designated and hereinafter referred to as “Point thence northwesterly deflecting 101 degrees 43 minutes to the right from last described course a distance of 182 feet^ thence northwesterly on a tangential curve to the right with a radius of 4,687.5 feet a distance of 60 leet^ thence northwesterly on a tangential curve to the right with a radius of 222.45 feet a distance of 200 feet; thence northerly on a tangential curve to the right \yith a radius of 237.56 feet a distance of 175 feet; thence northerly on a tangential curve to the right with a radius of 527.42 feet a distance of 50 feet; thence northeasterly on a line tangent to last described curve a distance of62.55 feet to a point in the South line of the Northwest Quarter of the Southwest Quarter of said Section 2 distant 360 feet West of the point of beginning; thence continuing northeasterly on an extension of last described course a distance of 48.55 feet; thence northerly on a tangential curve to the left with a radius of 181.4 feet a distance of 100 feet; thence northwesterly on a tangential curve to the left with a radius of 283.7 feet a distance of 125 feet; thence northwesterly on a line tangent to last described curve a distance of 267.4 feet; thence no.^hwesterly deflecting 2 degrees 23 minutes to the left from the last described course a distance of 169.3 feet; thence northwesterly and westerly on a tangential curve to the left with a radius of 61.13 feet a distance of64.62 (43.01 measured) feet, more or less, to a point designated and hereinafter referred to as “Point B”, said point being in the West line of the East Half of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of highway upon easterly side thereof, said East Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon easterly side, and which ‘Point B” is 636.66 (625.61 measured) feet North of the southwest comer of said East Half so ascertained; thence North along the West line of said East Half so ascertained a distance of 679.85 feet to the northwest comer thereot; thence East along the North line of the Southwest Quarter of said Section 2 to the northeast comer of the Northwest Quarter of the Southwest Quarter of said Section; thence South along the East line of the Northwest Quarter of the Southwest Quarter of said Section to the point of beginning. Subject to and together with an casement for right of w*ay for driveway purposes over a strip of land along the southerly and westerly boundary lines of the premises above described and extending from above designated ‘Point A” along said boundary line to above designated “Point B”, said strip of land being 16 feet in width, 8 feet on each side of the line forming the southerly and westerly boundary of the premises hereinabove first described. Also subject to public easement in existing highways. 2. Also that part of the Southwest Quarter of said Section 2, Township 117, Range 23, described as follows: Beginning at the northeast comer of the West Half of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of the highway upon easterly side thereof, said West Half being ascertained after taking from Northwest Quarter of the SouthvVtst Quarter of HNS3&. ?; 0 1 ?• said Section 2 said highway upon easteriy side; thence South along the East line of said West Half so ascertained a distance of679.85 feet, more or lesa^ to a point distant 636.66 feet North of the southeast comer of said West Half; thence deflectiitg right at an aiigle of 83 degrees S3 minutes on a line bearing South 83 de^ees S3 minutes West a distance of 33.68 feet; thence South 82 degrees 41 minutes West a distance of 66.32 feet; thence northwesterly in a straight line 710.6 (721.11 measur^ feet, more or less» to a point in the North line of the Southwest Quarter of said Section 2 distant 237 feet West of the point of be^nning; thence East along said North line 237 feet of the point of beginning. Subject to an easement for right of way for driveway purposes over the southerly 16.S feet of said last described tract And together with an easement for like purposes over a strip of land 16.5 feet in width lying southerly of and immediately adjacent to the southerly line of the premises hereinabove last described, and between the southerly extensions of the easterly line and westerly line of said premises last described. •> ••• •.• . . • • •\i # %