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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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(15)
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SANITARY SEWEft IMPROVEMENTS
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(17)
TER^NATION
FLUSI
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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
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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
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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.
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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
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roccK f- ail
tf EXISTWC /
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o o<v/SSou a'V''
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STONES
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LINE
mi
STOIC
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; 137
STOIC
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WAa
DECK
fC
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stoUs -aPJ
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...............
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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.
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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^
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SF, HEf(T TO ^
SF.
97 sF ~ Walls
S.r.
S.F.
- _ 5T»NE WAu4
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S?.~DECKG^iif
SF. ina. <,TCPS
SF.
SF.
SF.
S F. -
SF. A
SF. B
%
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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
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S .-.-DfCKf STt-'^
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_ F«^T/<»0b S r - of^
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S.- A
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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
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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
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Amount Paid ____
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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: -----
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On required survey.
.(month/year)
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APPLICANT
Name _sJ~’S‘.vtt.
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Name _______
Phone (hoT.e)
Phone (work) y/-^-
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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
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TOTAL HARDCOVER IN ZONE
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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
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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:‘ ^
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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
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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 $10,818.76
n
r
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--
1
l/l6one$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
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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
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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
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(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
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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
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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
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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
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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
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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>:
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Phone
T.vent Dettito
Loeatien:
Datc(s):
Hours:
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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:-------
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Review by Fire Marshal:
0 Approved o Denied e NA Bv!
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Review by Police Depannwm:
□ Approved 0 Denied o NA By: _
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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;
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Minnetonka Power Squadron Facility
Big Island, Lake Minnetonka
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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
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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
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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
■ ■
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LOAHoM rt=aATE
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SITE PLAN
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MacDonald,
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OATIS s
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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.
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