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HomeMy WebLinkAbout04-08-2002 Council Packetmpejing APR U Q 2QQ2 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRICjfl^ t^C^^P.M. ORONO COUNCIL CHAMBERS. 2780 KELLEY PARKWAY, ORONO, MINI^OTA (*) Asterisk items ore considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend RECOGNITION 2. Bill Stoddard, Planning Commission • Resolution 3. Brad Johnson, Police Officer - Resolution APPROVAL OF MINUTES * 4. Regular Council Meeting of March 25,2002 PARK COMMISSION COMMENTS - Debora Halvorson, Representative PLANNING COMMISSION COMMENTS - Liz Hawn. Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 5. #2461 William and Thelma Bryson, and James A. R. Johnson, 650,660,670 and 680 Big Island - Subdivision of a Lot Line Rearrangement • Resolution 6. #02-2740 Jeffrj'and Nancy Twidwell, 1865 Concordia Street - Variances * 7. #02-2761 Addison and Cindy Piper, 1125 Spring Hill Road - Conditional Use Permit and Variance - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 8. Annual Agreement for Park Mowing Service CITY ADMINISTRATOR'S REPORT 9. Planning Commission Reappointments 10. Lake Minnetonka Communications Commission Appointment 11. Pay Requests - Long Lake Fire Station 12. Park Commission Projects and Funding 13. Scheduling Work Session 14. Fleet Addition - Police Department 15. Fire Service Agreement with Long Lake AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 8,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT * 16. LICENSES * 17. BILLS UPCOMING ISSUES AND EVENTS zm 04/08 'Council Work Session, 5:30 p.m. 04/08 - Council Meeting, 7:00 p.m. 04/15 -Platming Commission, 6:30 p.m. 04/22 - Council Meeting, 7:00 p.m. 04/24 - Board of Review, Wednesday, 7:00 p.m. 05/01 - Planning Commission Work Session, 8:00 a.m. 05/04 - Spring Cleanup Day, Saturday, 8:00 a.m. - 2:00 p.m. 05/06 - Park Commission Meeting, 7:15 p.m. 05/11 - Spring Cleanup Day-Construction Debris Only, Saturday, 8:00 a.m. - 2:00 p.m. 05/13 - Council Meeting, 7:00 p.m. 05/18 - City of Orono Open House and “Police Chase” Walk/Run, Saturday, 8:00 a.m. - Noon 05/20 - Planning Commission, 6:30 p.m. 05/25 - Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon 05/27 - HOLIDAY, Memorial Day Observance 05/28 - Council Meeting, Tuesday, 7:00 p.m. .4' ... - Public A ttendance Meeting Date '/•S’ c.-a-' □ Council □ Planning Commission □ Park Commission □ O ther Please hlloutthe information requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. L'i' 4 wyl P i (/ ‘ , j f) V U H 1 1 (p V 11 2. lyh f /^T T /9 • ^^ . J._o ,- J -----^. V J " •-> \ 1 A T i r'V>)‘rlL.L— / 6.. 7. 8.. 9. 10. 11. 12. 13.. 14. 15. Xi\Dite\4B«Wrnif tnppwturwm • CNAirORMSWIUCJ^IT » --------- V AC APR 0 8 2002REQUEST FOR COUNCIL ACTION Cllir orOMUivo DATE: April 4.2002 ITEM NO: ^ Dcpartmciit Approval: Name Ron Moorse Thk City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Recognition of Bill Stoddard - Resolution Bill Stoddard has served the community with distinction during his six years on the Planning Co-nmission. Bill has resigned from the Planning Commission. He has been invited to attend the April 8 Council meeting to enable the Council to recognize him for his dedicated service to the City. A resolution of appreciation is attached for Council adoption. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution of appreciation for Bill Stoddard's distinguished serv ice as a member of the Planning Commission. iirnadrairgiii^aiinritii A RESOLUTION OF APPRECIATION TO BILL STODDARD FOR DISTINGUISHED SERVICE AS PLANNING COMMISSION MEMBER RESOLUTION NO._____ WHEREAS, Bill Stoddard has served this community with distinction during his six years as a member of the Planning Commission; and WHEREAS, his years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, he has earned the admiration and high regard of those with whom he has worked; and WHEREAS, the pe'^ormance of his duties and responsibilities as a member of the Platuiing Commission has been characterized by excellent and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Bill Stoddard for his distinguished service to the community and does also highly commend him for the manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to him best wishes for continued success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8th day of April, 2002. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor .-Jl, . r: . #*■ REQUEST FOR COUNCIL ACTION mcctinq APR Od 2002 DATE: ITEM NO: ^ Department Approval: Nanc RonMoorse THIc City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Recognition of Officer Brad Johnson Upon His Retirement - Resolution Officer Brad Johnson is retiring from the Orono Police Department effective April 30, 2002. Attached is a resolution recognizing Officer Johnson for his 21 years of dedicated service to the City of Orono as a member of the Orono Police Department. COUNCIL ACTION REQUESTED: Motion to adopt a resolution recognizing Officer Brad Johnson for his 21 years of dedicated service to the City as a member of the Orono Police Department. RESOLUTION NO. A RESOLUTION RECOGNIZING OFFICER BRAD JOHNSON FOR HIS TWENTY-ONE YEARS OF DEDICATED SERVICE TO THE CITY AS A MEMBER OF THE ORONO POLICE DEPARTMENT WHEREAS, Officer Brad Johnson has dedicated 29 years of his life to police work, 21 with the City of Orono; and WHEREAS, Brad Johnson began his employment with the City as a full ­ time Police Officer on January 1,1981; and WHEREAS, his dedication to quality police work earned him the assignment of Investigator, Fire Arms Instn'ctor. and Fire Arms Armorer; and WHEREAS, Officer Johnson has carried out these responsibilities with a commitment to service and safety; and WHEREAS, Brad Johnson is retiring from his position as Police Officer effective April 30,2002. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby recognize and commend Officer Brad Johnson for his twenty-one years of dedicated service to the community on the Orono Police Department. BE IT FURTHER RESOLVED, that the Orono City Council does hereby congratulate Officer Johnson on his retirement, and extends its best wishes for a long, happy and healthy retirement. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8th day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor MINUTES OF THE OAONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o'clock p.m. '• la meeting APR 0 8 2002 • r yjr ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard, Jim White. Richard Flint, and Bob Sansevere. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Tom Barrett, 2^ning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:07 p.m. CONSENT AGENDA (#1) Approve/Amend Items 5,9,15,17,18, and 22 were added to the Consent Agenda, and item #8 was removed from the Consent Agenda. Flint moved. White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. INTERVIEWS (#2) Lake Minnetonka Communications Commission Robert Albertson addressed the City Council regarding the vacancy on the Lake Minnetonka Communications Commission. Albertson stated he is interested in semng on the LMCC because he has a vast experience in communications and in dealing with the regulations that govern that industry. Albertson indicated he would like to sec some improvements made to the Commission, and in his opinion his past experience in dealing with the communications industry will aid him in making these improvements. Albertson stated he would like to see the service improved and a review of the rates conducted. Albertson noted he does hold an FCC license. Flint expressed some frustration on the lack of ability of the Council to have an impact at the local level, noting the accomplishments Albertson has achieved over the yeaia have been achieved at the state level. Albertson stated the FCC oversees the communications industry, and that in his view he has the ability to approach the agency for assistance. Albertson stated he would take a pro-active role in improving the rates and service. Flint commented in his opinion any changes to the cable commission would need to take place at the state level. Peterson indicated the Council would be making their decision at the next Council meeting. Peterson inquired whether Albertson would be interested in keeping his name on the list if he is not selected this time. PAGE 1 i i! s: rtTUrfcrflfftfiiTi- MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, Mari'! 25,2002 7:00 o’clock p.Di. (Interviews, Continned) Albertson stated he would like to keep his name on the list and possibly would be interested in serving as an alternate on the Planning Commission. Keith Erickson addressed the City Council regarding the vacancy on the Lake Minnetonka Communications Commission. Erickson indicated he has resided in Orono since 1991, and has lived in Minnesota since 1984. Enckson stated he became interested in serving on the Commission when he saw the ad in the newspaper in February, noting he does have the time available to devote to this position. Erickson stated he has some experience in the communications industry, and holds an FCC radio and telephone license. Erickson stated he also has worked for the utilities industry. Mayor Peterson inquired what interest Erickson has in sitting on this Board. Erickson commented he is interested in serving on the Board from the technical standpoint, with his hobby being in radio. Mayor Peterson inquired whether Erickson is knowledgeable about the cable franchise. Erickson indicated he is a current cable subscriber and is neutral at this point on the services and rates currently being provided by the Commission. Mayor Peterson inquired whether Erickson wjuld be interested in keeping his name on the list and possibly serving in some other role in the City in the event he is not selected to ser\'e on this Commission. Erickson stated he would be. Sansevere inquired what role Erickson viewed he would serve on the Commission for the City of Orono. Erickson stated he is unsure what his role would be, but would be w'illing to provide whatever input he can. Sansevere inquired whether he would prefer serving on the Planning Commission rather than the cable commission. Erickson stated in his view his talents would be bener served on the cable commission. White commented the City is currently encountering issues with cellular towers, noting the City currently does not have an engineer on staff to address those issues. Mayor Peterson stated the Council would be making their decision at the next Council meeting. PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25, 2002 7:00 o'clock p.m. APPROVAL OF MINUTES *(#3) Regular Council Meeting of March 11,2002 Flint moved, White seconded, to approve the minutes of the Regular Council meeting of March 11,2002. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Andrew McDermott, Representative McDermott stated the Park Commission will be proceeding forward with the items the Council recommended at the work session held earlier this evening. PLANNING COMMISSION CO.MMENTS - Dan Kluth, Representative Kluth indicated the Planning Commission has had a work session recently, with another one scheduled for this Thursday. Kluth stated the Planning Commission is considering holding regularly scheduled work sessions to help address the number of issues that need to be considered in the upcoming year. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT (#4) #02-2745 ILONA AND KENNETH PETERSON, 1074 WlLDHl RST TRAIL - VARIANCES, RESOLUTION NO. 4774 Ken Peterson, Applicant, and Jack Carter, Contractor, were present. Weinberger stated the Applicant is requesting variances to permit bnd alteration and construction of a garage/enclosed walkway that encroaches 24 ’ into a required 26’ wetland buffer. Weinberger stated the lot is currently vacant and lies within the LR-IB, Single Family Lakeshore Residential District. The City ’s Flood Plain and Wetlands Management Ordinance does not permit filling, grading, e.xcavation, hardcover and structures within a protected wetland and w ithin 26’ of the edge of the wetland. A variance is also required to permit the garage to be located 17.76’ from the front property line, where a 3S ’ setback is required. Weinberger indicated the proposed garage is a two-level building with driveway access to each level. Weinberger noted this property was originally created in 1991, as part of the Wildhurst Estates development, and at the time it was created was a conforming lot. Weinberger stated since 1991, however, the way in which wetlands are delineated has changed, which has resulted in the location of the edge of the w’ctland and the area of the lot being changed. The size of the lot, including the wetlands, is slightly over two acres. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o’clock p.m. (#02-2745 Ilona and Kenneth Peterson, Continued) Weinberger stated the applicants had designed their original house based on wetland information that was determined in 1991, before the Wetland Conservation Act rules for delineation were established, which has resulted in the need for some additional variances. A variance to permit new construction on the propeity of less than one acre is now required as the expanded delineated wetland has reduced the dry buildable area to less than one acre. Weinberger noted the Applicants have mitigated an area totaling 2,180 square feet as additional wetland and bufTer area on the property. The total amount of the buffer area being impaeted by the project is approximately 1,500 square feet. The Planning Commission did review the original proposal and recommended the garage be shifted out of the wetland area, even if that meant an encroachment into the street setback. The Applicant has revised his plans, with the garage being shiAing closer to the street, and is now located completely outside the wetland. The Planning Commission recommended approval of the revised plan by a vote of 7 toO. Weinberger noted the sewer line had been relocated 10 feet north of the south property line, not on the property line. Flint stated he did not put this item on the Consent Agenda due to the number of conditions outlined in Staffs Report, but that he does net have a problem with the application given the vote of the Planning Commission. Mayor Peterson inquired whether the applicant has any questions regarding the conditions contained in Staffs report. Peterson stated he does not have a problem with the conditions and is willing to work with Staff to address them. Nygard stated according to the drawing, there appears to be a large amount of wetland, and questioned how far the house would be located from the lake. Weinberger stated the deck portion on the Aont of the house is set back approximately 85 feet from the lake. Nygard inquired what the structural coverage is on the lot. Weinberger indicated the hardcover in the 75-250’ setback area is just under 14 percent, noting he did not calculate structural lot coverage because they were well under the 15 percent limit. Nygard inquired whether the wetland area is included in the calculations. Weinberger stated when hardcover calculations are determined, they do include wetland areas because they absorb water, but noted that wetland areas are not included in the calculation of buildable lot area. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o'clock p.m. (#02-2745 Ilona and Kenneth Peterson, Continued) Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4774, a Resolution Granting Variances to Ilona and Kenneth Peterson, 1074 Wildhurst Trail, subject to the seven conditions outlined in the March 20,2002 Planner's Report. VOTE: Ayes 5, Nays 0. *(#5) #02-2746 MARK FINNEY, 3210 NORTH SHORE DRIVE - VARIANCES - RESOLUTION NO. 4775 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4775 a Resolution Renewing Variances to Mark Finney, 3210 North Shore Drive, subject to the conditions outlined in the March 20,2002 Planner's Report. VOTE: Ayes 5, Nays 0. *(#6) #02-2756 DAVID AND JODI DALVEY, 1520 BOHNS POINTS ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4776 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4776, a Resolution Granting a Conditional Use Permit for David Daivey and Jodi Dalvey, 1520 Bohns Point Road. VOTE: Ayes5, NaysO. (#7) #02-2757 TERRANCE C. JOHNSON, 1045 LINDEN LANE - RENEWAL VARIANCES - RESOLUTION NO. 4777 Terrance Johnson, Applicant, was present. Weinberger stated the Applicants have applied for a variance renewal application to renew variance.s originally approved in 1992. The variances approved additions to the existing residence and adding three to four courses of block under the existing house to raise the ceiling height of the walkout level of the house. The approval was required to permit expansion of the existing house located within 75 ’ lakeshore setback. A variance to hardcover in the 75-250 ’ setback was required to permit a number of improvements to the property. The property owner has indicated he was advised by the City that the application would not require yearly renewals. The variances expired one year from the date of approv’al. The Applicant has indicated the intent is to complete the project in stages, with the raising of the foun^tion to occur first. The Planning Commission recommended approval of this application on a 6 to I vote. The Planning Commission expressed concerns relating to drainage and the condition of the building foundation. Weinberger noted the primary issues with the drainage were dealt with in 1992. The approval of the variances was based on the information the Planning Commission received that the foundation was in good condition and would not need replacement. The Applicant was informed that any structural work to the foundation would require a new variance application, with the project being considered new construction at that point. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o’clock p.m. {U02-nS7 Terrance Johnson, Continued) Flint notetl he did not put this item on the Consent Agenda due to the number of conditions outlined in the Staffs Report. Flint inquired whether the Applicant is agreeable to the conditions. Johnson staled he is. Sansevere moved. White seconded, to approve and adopt RESOLUTION NO. 4777, a Resolution Renewing Variances to Terry Johnson and Jonell Johnson, 1045 Linden Lane, subject to the conditions outlined in the March 20,2002 Planner’s Report. VOTE: Ayes 5, Nays 0. (#8) #02-2758 ROBERT D. PIEPER, 3995 NORTH SHORE DRIVE - AFTER-THE-FACT CONDITIONAL USE PERMIT - RESOLUTION NO. 4778 Robert Pieper, Applicant, was present. Pieper stated he is unsure why it was listed as after-the-fact since the unit has never been occupied. Weinberger stated it was listed as an at\er-the-fact conditional use permit because the permits originally showed only rough-in work and permits were not obtained for the work that was completed. Weinberger stated the City was told the unit would only be roughed in and not finished. Pieper stated the building inspector was in the unit a number of times and did not say anything about a conditional use permit being required. Mayor Peterson stated a conditional use permit is required before anyone can reside in the apartment. Pieper stated they decided to go forward with finishing the apartment ofl'to avoid the mess from the construction later on. Pieper indicated he has constructed a number of homes in the past, but was unaware a conditional use permit was necessary. Pieper requested the extra fee be waived since he was not aware he needed a conditional use permit. Pieper reiterated the building inspector inspected the site a number of times and did not mention the need for another permit. Pieper stated he does not have a problem with the permit fee. but questioned why the fee needs to be doubled. Pieper stated the inspector has not issued the final occupancy certificate. Nygard indicated he has recently applied for a permit, and without his experience on the Planning Commission, he would have had difiiculty complying. Mayor Peterson stated the property owner needs to obtain a conditional use permit for the apartment. Sansevere noted the applicant did indicate he has constructed a number of other homes in the past and should have been aware of the need for the pemtit. Pieper stated he did obtain the appropriate permits for construction of the house, but reiterated he was not aware the apartment would need a conditional use permit. PAGE 6 ■ T maaaitttim ■aatji MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, March 25,2002 7:00 o ’clock p.m. (W2-2758 Robert Pieper, Continued) Kluth indicated the Planning Commission cannot measure the intent of the person applying for an afl i-the-fact permit, and the Planning Commission tends to treat every applicant the same in applying fees. Nygard concurred that the City needs to be consistent when applying fees. Sansevere inquired whether the City has waived this type of fee in the past. Gaffron stated normally the City does not waive after-the-fact fees for contractors but on occasion has waived after-the-fact fees for homeowners where a contractor is not involved. Gaffron stated in his view the contractor and owner might have been unaware that a conditional use permit was needed but should have known that a building permit would be needed. Gaffron suggested the Council consider waiving the double fee portion of the conditional use permit but charging a double fee on the building permit for the guest apartment, and to waive the double permit fee for the CUP. Nygard moved. White seconded, to approve and adopt RESOLUTION NO. 4778, a Resolution Approving an After-the-Fact Conditional Use Permit for Robert D. Pieper, 3995 North Shore Drive, with the applicant being charged a double permit fee on the building permit for the guest apartment only. VOTE: Ayes 5, Nays 0. *(#9) #02-2759 JOHN COLLETTE, 2160 WEST WAYZATA BOULEVARD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4779 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4779, a Resolution Granting a Conditional Use Permit to John Collette, 2160 West Wayzata Boulevard. VOTE: Ayes 5, Nays 0. *(#I0) #02-2760 JAMES CUSACK, 4140 HIGHWOOD ROAD - VARIANCES, RESOLUTION NO. 4780 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4780, a Resolution Granting Variances to James Cusack and Christine Grace, 4140 Highwood Road. VOTE: Ayes 5, Nays 0. (#11) #02-2763 CLAYT AND JULIE ANN TABOR, 960 NORTH BROWN ROAD - SKETCH PLAN REVIEW Clayt and Julie Ann Tabor, Applicants, were present. Weinberger stated the Applicants arc requesting a sketch plan review to split two lots previously combined. The lots were combined in 1984, with the property now totaling 3.66 acres. Based on the property having only 3.66 acres, it is not possible to subdivide the property without granting a lot area variance for one of the properties for a lot less than two acres. PAGE 7 *f . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o’clock p.m. (#02-2763 Clayt and Jnlic Tabor, Continned) The Planning Commission reviewed this item at their March meeting and has requested the Council review this application because it would require either rezoning or granting of a lot area variance. The consensus of the Planning Commission was that this request is not consistent with the City ’s Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. Weinberger stated this property has recently been included in the MUSA, but noted that the City ’s Comprehensive Plan is clear in stating that including rural properties into the MUSA atea did not mean these arc properties intended for rezoning or higher density development. The Planning Commission did review this item at their March meeting, and since it was a sketch plan review, did not make a formal recommendation. The Planning Commission did look at, however, the precedent that might be set by approving this lot division and the fact that this subdivision is not consistent with what the City has done in the past. Weinberger noted Staffhas identified two occasions when a subdivision was approved that created lots less than the required lot area for the respective zoning district since the rezoning of the City in 1975. Sansevere inquired whether the property owners were aware they were in a two-acre district at the time they purchased the property. Tabor stated they were aware of that and were told by the real estate agent that they could possibly subdivide the property. Tabor indicated they have been approached by some people recently who currently live in Long Lake and are being displaced by the new Highway 12 corridor about the possibility of buying a portion of their property. Tabor stated the development adjacent to their property consists of 22 homes, all of which are less than one acre. Tabor stated the largest property located in this area is slightly over two acres, which is adjacent to their property. Tabor stated if the lots w'ere subdivided, the 1.66 acre lot would not be inconsistent with what is currently in the area. Tabor commented they would like to continue to reside in Orono, but are forced to consider relocating because they are financially unable to renovate their house without selling a portion of their property. Tabor stated only one neighbor has expressed a concern with the proposal out of the 23 properties. Sansevere expressed a concern that appro%'al of this request w ould result in a precedent being set, and stated this could open up the door to others who want to subdivide their lots t^t do not meet the minimum lot size standard. Tabor questioned whether a precedent would be set, noting there are possibly two or three lots that would fiill into that scenario. White questioned how' many parcels have been .ombined into a single parcel that originally were separate parcels. Gaflron stated there arc quite a few combined lots in the Navarre area. Saga Hill, and Casco Point area. Gaflron indicated the philosophy of the City has been to encourage combination of small lots to prevent PAGES I < MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o ’clock p.m. (#02-2763 Clayt and Julie Tabor, Continued) higher density in certain areas, such as the Crystal Bay area, noting two acre zoning is standard for this area. Flint stated he is cognizant of the discussion that the Council had at the time the decision was made to extend the MUSA area, noting that it was made very clear at that lime that this type of lot would not be allowed to be subdivided since there are other issues involved besides septic. Sansevere reiterated he has a concern that this would create a precedent and result in a number of people requesting their lots be split. Sansevere stated he would have a hard time supporting this type of application. Mrs. Tabor commented they would not be changing the character of the neighborhood since there are already a number of lots less than the two acre minimum. White stated he has viewed the site, noting the City Attorney has advised against doing this type of lot division in the past. Sansevere commented this is a tough decision to make in light of the fact that the Tabors are taxpayers and volunteers in the community, but that the Council must do what is in the best interests of the City. Mayor Peterson and Flint indicated they also would not be able to support this type of request. While encouraged the Tabors to look at their other options prior to making the decision to relocate. The City Council took no formal action on this item. *(#I2) #02-2765 DAVID CARLSON, 740 WILLOW DRIVE SOUTH - VARIANCE RENEWAL, RESOLUTION NO. 4781 Flint moved. While seconded, to approve and adopt RESOLUTION NO. 4781, a Resolution Granting Variances to Lot Area and Lot Width to David Carlson, 740 Willow Drive South. VOTE: Ayes 5, Nays 0. PLANNING C0.MM1SS10N COMMENTS, CONTINUED Klulh stated when the Planning Commission reviewed the Johnson application, the Planning Commission gave deference to the past decision of the City Council since this was labeled as a variance renewal. Kluth suggested in the future if variances arc not renewed within three years, that they no longer be called renewals and instead be treated as new applications and fall under current zoning guidelines and restrictions. PAGE 9 MINITTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o’clock p.m. MAYOR/COUNCIL REPORT This item follows Item U20. (#20) AWARD OF BID - FIRE STATION PROJECT Gabriel Jabbour, Jim Murphy, Orono, Representatives on the Joint Fire Station Construction Committee, and James Cox and Michael Brown, Long Lake Fire Department, were present. Jabbour stated the committee is recommending unanimously to have the new fire station built with the sixth bay, the ambulance space, and the seamless floor, but without the hose tower based on the height limit issue and the price. Jabbour stated the bid the Council will be awarding is for approximately $1.9 million. Jabbour stated the architect is reviewing the bid with the low bidder to insure that all items are covered. Mayor Peterson inquired when construction would start. Jabbour stated they are expected to start in April. Jabbour commented their architect is also familiar with the contractor and feel they are qualified to do the project. Jabbour comp' mented Cox and Brow-n for their efforts on this project. Brown and Cox extended their thanks to the City Council for working with the committee on this project, noting that it was a difficult process at times in coordinating the project between two cities. Brown stated in his view completion of this project will benefit the entire community. Brown also extended his thanks to Jabbour and Murphy for their work on this project. Mayor Peterson, on behalf of the Orono City Council, thanked the committee for their work on this project. Flint stated the Council is aware of how hard the committee has worked on this project and their efforts to make it a win/win situation for both cities, noting that cooperation is a common goal of the two cities. Peterson moved, Flint seconded, to award the bid received from Rochon Construction in the amount of $1,981,000 for construction of the new Long Lake Fire Station, with the addition of the sixth bay, ambulance space, and seamless floor. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT White reported he attended the rotary meeting the other day, along with a number of other people from the City of Orono. White stated Mary Hill Smith of the Met Council spoke about cooperative efforts between the Cities of Long Lake and Orono, and about assistance available through the Met Council. Sansevere stated it is helpful to have the applicants that appear before the City Council know what the possible precedents are and how the Council feels about certain situations. PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 25,2002 7:00 o’clock p.ni. (Mayor/Council Report, Continued) Gaflron indicated the Tabors have been told over the years that the Citj does not look favorably on subdivision of this property. Moorsc commented the City did reguide the land along Willow for two to three lots per acre in order to promote more affordable housing. Nygard stated he is aware the City does not currently allow auto sales, but suggested the City look at allowing a smaller, 10 to IS car operation. Mayor Peterson stated the City did look at that type of business up near Bay Furniture. Moorse commented the City needs to carefully look at the type of restrictions it places on businesses. PUBLIC SERVICE DIRECTOR’S REPORT (#13) REVISIONS TO 2002 FEE SCHEDULE - ORDINANCE No. 217 and 218,2*^ SERIES Gappa stated the City has been experiencing problems with numerous properties that have non-functioning water meters, noting there are currently SO properties with non-functioning water meters. Currently these properties are paying an estimated water bill each quarter. Gappa noted Staff is having a difllcult time to repair the meters and have revised the City Code on water meters to clarify and expand the requirements for water meters and the locations of remote readers. Gappa stated the revised code section also adds a new quarterly service charge for properties with non-functioning or inaccessible water meters. The Code states the City reserx’es the right to charge a service fee or shut ofl' the water for non-functioning meters. Staff is recommending establishing a quarterly fee of SSO for a non-functioning water meter. Gappa stated Staff is also proposing several changes to the year 2002 golf course fees. The golf course manager has expressed some concern about the large percentage increases that were made to the League and Student Rates. Gappa indicated a consultant has advised the City that the rates for the Orono Golf Course are comparable to other area courses, and is in agreement with the fee revisions. Nygard stated in his opinion a $1.00 increase is not that large of an increase and would not deter people from using the golf course. Gappa stated if the fees are raised $1.00, the consultant recommended only raising the rates every two years rather than yearly. Peterson moved, Sansevere seconded, to approve the revisions to the 2002 City Fee Schedule to add a $50.00 quarterly service charge for a non-functioning water meter. VOTE: Ayes 5, Nays 0. Peterson moved. White seconded, to adjust the 2002 Golf Course rates to reflect a .50 cent Increase In the fees charged for leagues, students, and seniors. VOTE: Ayes 3, Nays 2, Nygard and Flint opposed. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 2S, 2002 7:00 o’clock p.m. (Revisions to 2002 Fee Schedule, Continued) Peterson moved, Nygard seconded, to approve and adopt ORDINANCE NO. 217,2"^ SERIES, an Ordinance Amending Section 3.10, Rules and Regulations Relating to Water Service of the City of Orono Municipal Code. VOTE: Ayes 5, Nays 0. Peterson moved. White seconded, to approve and adopt ORDINANCE NO. 218,2*^ Series, an Ordinance Amending Ordinance No. 212,2** Series, an Ordinance Revising the 2002 Fee Schedule—Golf Course Fees and Municipal Water Rates. VOTE: Ayes 3, Nays 2. (#14) SEASONAL WEIGHT LIhUTS - RESOLUTION NO. 4782 Flint stated he is not opposed to what is before the Council tonight, but in his view the City should impose stricter regulations on sanitation trucks, noting they tend to cause problems with the roads. Flint encouraged City Staff to look into this and to come up with some recommendations for regulations. Gappa stated the City needs to notify the sanitation haulers if new restrictions are imposed. Moorse recommended Staff check with I.ong Lake to see what restrictions they impose. Nygard moved, Sansevere seconded, to approve and adopt RESOLUTION NO. a Resolution Establishing Seasonal Weight Restrictions on Orono Public City Streets. VOTE: Ayes 5, Nays 0. CITY AD.MIMSTRATOR’S REPORT *(#15) PAY REQUEST - LONG LAKE FIRE STATION Flint moved, White seconded, to approve the payment of the invoices from Cahners in the total amount of $529.38. VOTE: Ayes 5, Nays 0. (#16) PLANNING COM^USSION APPOINTMENT Sansevere moved, Peterson seconded, to accept the resignation of Bill Stoddard from the Planning Commission effective March 30,2002, and to appoint Marc Fritzler to fill the vacancy on the Planning Commission. VOTE: Ayes 4, Nays 1, Nygard Opposed. The City Council directed Staff to advertise for two alternate candidates if the City Administrator feels it is necessary after reviewing the list of prior applicants. PAGE 12 'I S I MINITTES OF THE ORONO aTY COUNCIL MEETING Monday, March 25,2002 7:00 o'clock p.m. (#17) PLANNING COMMISSION RE-APPOINTMENTS Flint moved. White seconded, to direct Staff to contact Jeanne Mabnsth and Dan KInth regarding their interest in serving an additionai term on the Planning Commission. VOTE: Ayes 5, Nays 0. *(#18) FUNDING FOR NAVARRE HOME OWNERSHIP PROGRAM Flint moved. White seconded, to approve funding in the amonnt of $89,550 to assist two eligibie households In purchasing townhome units in the Lake Minnetonka Woods development, as well as to fund the administration of the financial assistance program, such funding to be a temporary loan from the General Fund to the Affordable Housing Grant/Loan Revenue Fund and to be repaid through grants to the City. VOTE: Ayes 5, Nays 0. (#19) FIRE STATION PARCEL AGREEMENT Flint questioned why Orono is agreeing to pay the additional expense of the deeper sewer line, which amounts to $70,000. Moorse stated the reason the sewer line is going deeper is to serve properties in Orono. Moorse stated MN/Dot is providing a sewer line which will go to the fire station, but if Orono wants to serve anything west of the fire station, the sewer line needs to go deeper. Moorse stated the money would come out of the sewer fund, which would be reimbursed by hookup charges. Flint moved, Sausevere seconded, to approve the Agreement between the City of Long Lake and the City of Orono with respect to the joint development of a fire station situated within the City of Orono. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Tom Barrett, City Attorney, had nothing to report. (#21) LICENSES Flint inquired what a set-up license is. Nygard stated that is where the customer brings in their own bottle of liquor and the business establishment serves the pop to go with the alcohol. Flint moved. White seconded, to approve the following licenses. VOTE: AyesNays 0. Set-Up License: 1. Dan Scherven Navarre Lanes, Inc. 3435 Shoreline Drive PAGE 13 . i; n II ' 1 . -1 , MINUTES OF THE ORONO CITY COUNCQ. MEETING MomUy, March 25,2002 7:00 o’clock pjn. SPECIAL EVENT: 1.City of OroBo/Serf eaat Corrcy Farolok “PoUcc Chase” 5 Kilometer Walk/Ran City of OroBO Parking Lot to Old Crystal Bay Road North to CouBty Road 6 to County Road 201 To Baker Park; return on same route May 18,2002 8:00 a.m. -10:00 a.m. 2.City of Orono/Sergeant Correy Farniok City of Orono Open House City of Orono Parking Lot, Keliey Parkway, and Administrative Oflkes May 18,2002 9:00 a.m. - Noon (#22) BILLS Fiint moved. White seconded, to approve payment of the Aii Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Sansevere moved. White seconded, to adjourn the meeting at 9:06 p.m. There being no further business to discuss, the meeting was adjourned at 9:06 p.m. Lin Vee, City Clerk Barbara Peterson, Mayor PAGE 14 u^. sty of Orono, Minnesota reel Numbering Index Map iosrw acasi; tgfTTi tmx. north ^m0mm RCVlfCO* iUM un, i^m%$ic^T. T, If to res a.ffc M t. Itt< AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 8,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, ^UNNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item^ on the agenda* Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend RECOGNITION 2. Bill Stoddard, Planning Commission - Resolution 3. Brad Johnson, Police Officer - Resolution APPROVAL OF MINUTES ♦ 4. Regular Council Meeting of March 25,2002 APR U 8 2002 Cl I y Or OhOivo PARK COMMISSION COMMENTS - Debora llalvorson. Representative PLANNING COMMISSION COMMENTS - Liz Hawn, Representative PUBLIC COMMENTS • (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. ^246 1 William and Thelma Bryson, and James A. R. Johnson, 650,660,670 and 680 Big Island - Subdivision of a Lot Line Rearrangement • Resolution 6. #02-2740 Jeffiy and Nancy Twidwell, 1865 Concordia Street • Variances • 7. #02-2761 Addison and Cindy Piper, 1125 Spring Hill Road - Conditional Use Permit and Variance - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 8. Annual Agreement for Park Mowing Service CITY ADMINISTRATOR'S REPORT 9. Plaruiing Commission Reappointments 10. Lake Minnetonka Communications Commission Appointment 11. Pay Requests - Long Lake Fire Station 12. Park Commission Projects and Funding 13. Scheduling Work Session 14. Fleet Addition - Police Department 15. Fire Service Agreement with Long Lake AGENDA FOR COUNCIL MEETING SET FOR MONDAY. APRIL 8.2002,7 00 P M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY’S REPORT • 16. LICENSES • 17. BILLS UPCOMING ISSUES AND EVENTS 2m 04/08 - Council Work Session, 5:30 p.m. 04/08 -Council Meeting, 7:00 p.m. 04/IS -Planning Commission, 6:30 p.m. 04/22 - Council Meeting, 7:00 p.m. 04/24 - Board of Review, Wednesday, 7:00 p.m. 05AH -Planning Commission Work Session. 8:00 a.m. 05/04 -Spring Cleanup Day. Saliirday. 8:00 a.in. - 2:00 p.m. 05/06 - Park Commission Meeting, 7:15 p.m. nr#ii c.r»%.... i> APR 0 6 2002 REQUEST FOR COUNCIL ACTION DATE; March 28. 2002 Cl I» or unUNU ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2461 William and Thelma Bryson James A. R. Johnson 650-660-670-680 Big Island Zoning District:Big Island - Recreational Seasonal District List of Exhibits A B C D E F G Resolution Big Island Map Plat Map/Existing Property Layout New Property Layout Draft Drainage and Utility Easement Document Planning Commission Minutes (March 15. 1999) City Council Minutes (April 12. 1999) Application Review The property owners have requested a lot line rearrangement to permit four existing residential lots on Big Island, with a total of 2 cabins, to be combined to create two residential lots. This application was last reviewed by the City Council on June 12. 1999. The application was tabled at that time due to an issue relating to the location of one of the cabins only 1.5' from the new proposed property line. At issue was the State of M innesota Building Code requirement that buildings with openings (such as window s and doorvv a> s) can not be located closer than 3' to a property line. Further, all walls exposed to the property line are also required to be fire resistant. The purpose is to eliminate the potential for fires from spreading from one property to another. The property owners had suggested they enter into an agreement with the City of Orono that they would agree to remove the cabin w ithin 30 months from the approval of the lot line rearrangement. The City chose not to enter into the agreement because of the difficultly the City may have with requiring the cabin to be removed if it were still on the property after the 30 month time period expires. Rather than entering into an agreement the City and applicant had placed the approval on hold until some time after the cabin was removed. The property owners have notified the City that the cabin has recently been removed and they wish to complete the lot line rearrangement. #2461 William and Thelma Bryson and James A. R. Johnson March 28,2002 Page 2 of 2 _______________________________ ___ Big bland Lot Dcsigaatioas The proposed subdivision/combination process results in the need to amend Big Island Record Lot numbers as they were designated in Section 10.31 ofthe Zoning Code in 1984. Per E.xhibit C, the Bryson parcel will incorporate Record Lots 66, 59 and 'A of 44. The Johnson parcel will include ‘A of Record Lot 44 plus the 4 parcels that comprise Record Lot 3 1 . Staff will be presenting a comprehensive update of Section 10.3 1 (the RS District/Big Island) later this year to make all the changes to it since 1984. Staff Recommendation Staff recommends approval of the lot line rearrangement to create two residential lots from tlie four e.xisting properties subject to the following conditions; 1.Prior to filing the new property descriptions, an inspection of the 660 Big Island property is completed to ensure all existing structures and the stairway is removed. The easement that was required for a shared septic system is shall be eliminated since it no longer is required. Based on the new propert)' line location, the drainficld and tanks would now be located on the same property as the cabin they serve. 3.Property owners shall have their surveyor provide legal descriptions for drainage and utility easements S' along the interior property line and 10’ on e.xterior property lines. 4.A title opinion shall be completed and provided to the City of Orono, prior to filing the new property descriptions. 5.Property owners shall be advised that the minimum lot size for subdivision on Big Island is S acres. The 5 acre minimum lot size would prohibit any future subdivision of the lots. Plaoniog Commission Recommendation The Planning Commission reviewed the lot line rearrangement on March 15, 1999 and recommended approval by a vote of 5 to 0. The proposed lot layout has not changed from the plan reviewed b>’ the Planning Commission. A copy of March 15"* minutes are attached. COUNCIL ACTION REQUESTED To adopt the attached resolution approving the lot line rearrangement for Johnson/Biyson to create two residential lots from the 4 existing properties. i L A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 650,660,670 AND 680 BIG ISLAND FILE NO. 2461 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by William Bryson and Thelma Bryson and James A. R. Johnson (hereinafter "the subdividers") of properties legally described as: Lots 3,4,5,6, 7 and 8, Pleasent View at Lake Minnetonka (hereinafter “the properties”) to be rearranged by transferring of properties new legal descriptions as: Lots 3,4 and 5 (hereinafter “Parcel A”) and Lots 6,7 and 8 (hereinafter “Parcel B”) WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15,1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council reviewed and tabled the request on April 12,1999 by the subdividers to rearrange the boundaries between the properties; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between the properties. Page 1 of 6 WHEREAS, At their regular mee'ing held on April 8,2002, the Orono City Council considered the subdivision application of WilSam and Thelma Bryson, and James A. R. Johnson noting the following findings of fact: IL 1. The property is located w thin the RS district. The existing lots arc as follows: 3. 4. 5. Existing Address Legal Description 650 Big Island Lots 7-8, Pleasant View (seasonal dwelling) 660 Big Island Lots 5-6, Pleasant View (vacant) seasonal dwelling was removed in 2001. 670 Big Island Lot 4, Pleasant View (seasonal dwelling) 680 Big Island Lot 3, Pleasant View (vacant) to be rearranged as follows: Proposed Address Legal Description Parcel B 650 Big Island Lots 6-7-8, Pleasant View (seasonal dwelling) Parcel A 670 Big Island Lots 3-4-5, Pleasant View (seasonal dwelling) The lots are currently 3 separate seasonal residences on four tax parcels that are to be combined and rearranged into 2 parcels. The lots meet the intent of the Comprehensive Plan of the City of Orono by not creating additional building sites. 650 Big Island (Lots 7 and 8, Pleasant View) has been legally combined into one tax parcel. The lot contains one seasonal dwelling that would remain upon completion of the proposed subdivision. With the addition of Lot 6 the property would increase Page 2 of 6 L to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also increase from 1 00’ to 150'. The lot does contain a non-conforming septic system due to the system being located within 3' of the water table. However, lot line rearrangements do not require conforming sites as conditions will improve as the site will grow larger, and the number of residential units in the area will decrea.se. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The properties do serve as one common lot, and arc under common ownership. The cabin is located on Lot 4 with a shed and deck/patio areas. Lot 3 is not developed and contains the septic system for the two adjacent lots to the south. Easements ha\e been created across Lots 3 and 4 to Lots 5 and 6 for access to the septic site. The easements would no longer be necessary when Lots 5 and 6 are split. A lot line rearrangement will place the entire septic system on one property, eliminating the need for easements and maintenance agreements. 660 Big Island (Lots 5 and 6) will go away as a result of the lot line rearrangement. The property would be split leaving Lot 5 to Join Lots 3 and 4, and Lot 6 to Join Lots 7 and 8. 8. A single well located on Lot 6 would serv e both Parcel A and B. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Paul A. Johnson, a licensed surveyor of McCombs Frank Roos Associates, Inc., a registered Land Surveyor and Civil Engineer, dated December 10,1998. attached Exhibit "A". The approval is subject to the following conditions: 1.Prior to filing the new property descriptions, an inspection of the 660 Big Island property is required to ensure all existing structures and the stairway 18 removed. The easement that was required for a shared septic system is shall be eliminated since it no longer is required. Based on the new property line location, the drainfield and tanks would now be located on the same property as the cabin they serve. 3.Property owners shall have their surveyor provide legal descriptions for drainage and utility easements 5' along the interior property line and 10' along exterior property lines. Page 3 of 6 4.Property owners shall be advised that the minimum lot size for subdivision on Big Island is 5 acres. The S acre minimum lot size would prohibit any future subdivision of the lots. 5.The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder ’s Office or Registrar of Titles Office on or before October 8,2002 together with a certified original copy of this resolution. 6.The City of Orono shall not issue any permits for improvements to either of the new parcels prior to recording the subdivision. 7.The approval granted by this resolution shall e.xpire if the division has not been filed b>’ the date specified above. In that event, a new application may be required for the City of Orono review. LEGAL DOCUMENTS required: Title Opinions addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The subdivider must provide certified copies of all recorded easements currently affecting the property. Three Copies of Certificate of Survey, with signature blocks, for filing with Hennepin County. Drainage and Utility Easements documents for easements 1 O' along exterior property lines and S' along interior property line. Page 4 of 6 L___ '5 iiitri Tiii It rtrAroian Adopted by the City Council of Orono, Minnesota this 8th day of April, 2002. 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 8th day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this ______ ___________, 200____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 ur . 4^‘ kA* r 7M 0 150.00 tPlAIJ JL/J-lIiJJ/ 150.00 (PUT) isaoo (Mus) __ isaoo (ikas)\ - \ - T'\ MINNE^TONKA \ 150.03 (MCAS) 3* rr f-7*p . i 710. MICHAEL OMROtERT IRUDM 07MM.Wn.LUM MVSON Ut.tlTTVrPMNCI ist. JAMU A. It JOHNSON Mt. CLINTON KNVDSON iM.itffntY FtRSON 7M. CHtRYL lUMSTAD HVASS ^^ iiarr^ii III I ..rjiK inTilrattti L-^ '^IITCHIIL’8 SWO^OVOSION C VEIiSNiMIISINIT ILOir® 6 ANI ON SECTOON 2S T®WN®HDC .11-97 RAN c uauu 150.08 (MCAS) \ *N .____T'minne >tonka \ 15U.UU IKLAlj 1M.08 (ME)^ so 'v 150.03 (MEAS) lo t (DRAFT) DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this day of 20_, by and between William Brvson and Thelma Brvson. and James A. R. Johnson hereinafter referred to as "Grantorfs)", and the City of Orono, a municipal corporation, its employees, interests and assigns, hereinafter referred to as "Grantee". WITNESS, THAT Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: See attached Exhibit “A” which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Grantorfs) have executed this document the day and year set forth above. GRANTOR(S) Page 1 of 3 I I i I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this ______________, 20 ___, by_______________ day of NOTARY PUBLIC State Deed Tax Due Hereon: This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 2 of 3 . .All.- »i • • Exhibit “A” |To be submitted by Applicant’s Surveyor] Page 3 of3 dlsHfc irnmiini rt A iir-riT*mia-n naCi ~tti in ^ tut rL t -%nr ill ~*tiii 1111 iiuftOi I ftiti liiiirfuffc II '■'! I LL/*'0*«re> ----------1 ORONO PLANNING COMMISSION MINUTES FOR MARCH 15,1999 (92444 Brian and Susan SctMbler, continuad) Schebler stated a lot of hardcover has already been removed, with the deck being designed to allow the water to seep into the ground. Schebler indicated he will continue to reduce hardcover on this lot wherever possible. Schroeder commented that most of what Schebler has removed has not been counted in the hardcover figures. Mrs. Schebler stated they were told they could have a deck on the property. Smith commented that it appears the Planning Commission Is recommending that the deck be removed. Mrs. Schebler stated that they could perhaps remove the rock around the house. Smith inquired whether this application should be tabled to see if additional hardcover can be removed. Schebler stated the driveway probably cannot be reduced. Lindquist commented he has a problem with using gravel as a tradeoff. Weinberger remarked there may be some confusion over the fact that there are other times when garages and decks are granted, but there is nothing in the code that states that a garage or a deck would be granted simply because a lakeshore property is without one. Schebler remarked he would be willing to have this application tabled and meet with City Staff in an effort to reduce hardcover. There were no public comments. Schroeder moved, Smith seconded, to table Application #2444,1354 Rest Point Circle, to allow the Applicants time to reduce legitimate hardcover by a minimum of 900 square feet. VOTE: Ayes 5, Nays 0. (#6) #2451 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650,660, 670,680 BID ISLAND, LOT LINE REARRANGEMENT, 8:03 p.m. • 8:22 p.m. Chris Pierson, on behalf of the Applicants, was present. Weinberger stated the Apolicant is requesting a lot line rearamgement and lot combination for lots located at 650^0-670-680 Big Island. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. The Applicants are proposing to combine Lots 3,4 and one-half of Lot 5 to create one tax parcel on Big Island, and the center lot would be split and added to the 650 lot. Weinbeiger remarked the main issues to address would be the future of the existing cabin located on Lot 5. Fire Code does not allow a structure to exist this dose to the property line. There are also exists some zoning code requirements which would require variances to te granted to allow a residence to be located this dose to a lot line, and a conditional use permit would be necessary to allow a guest cabin. Currently City Code does not allow two prindpal residences to be located Page 7 F ORONO PLANNING COMMISSION MINUTES FOR MARCH 18, IfH (#2481 Chfis Ptaraon, conUnutd) on one lot The Applicants are proposing to keep the eidstlng cabin, which Staff cannot support, and Staff has stated the cabin on Lot 5 shall be removed prior to the filing of the subdivision with Hennepin County. The State Building Code does not allow buildings to be located wHhln three feet of property boundaries. Weinberger stated this proposed lot line rearrangement would reduce density on Big Island and the eventual removal of structure and hardcover and returning the area more to its natural appearance. Currently the cabin located on Lots 5 and 6 shares a well located to the south, which would be moved to 650 property should the lot line rearrangement be approved, and also shares a septic system serving the property at 670. Staff is requesting that the septic lines be capped, and the proposal would be one septic she for one residence. Staff is also requesUng that the easements and any other egreemenis relating to the well and septic systems be vacated atKl eliminated. At the time this was platted, there would not have been drainage and utility easements to vacate over the old property line, but Staff Is requesting that there be five feet on each side of the interior property fine and ten feet across the rear of the property line for drainage and utility 6dS6fT16fTt$. staff is recommending approval of the lot line rearrangement to create the two tax parcels with Lots 3,4, arvl 5 makirtg up one parcel, and Lots 6,7, and 8 making up the other parcel. Staff Is requesting that the cabin located on Lot 5 be removed, along with the deck, stairway, sidewalk, and removal of the shed, prior to the filing of the subdivision with Hennepin County. Staff Is also requesting that title opinions be delivered to the City for Lots 3 through 8. Pierson stated the property was acquired from Betty Fisher who had requested at the Ume of purchase that the cabin remain for a period of time due to sentimental reasons, which was agreed to by Bryson and Johnson. Chair Smith inquired what the use of the cabin will be should it remain on the property. Bryson Indicated that they have no intentions on utilizing the cabin and are willing to remove it In two to three years. Johnson stated. If possible, they would like the cabin to remain for the next five years, but if the Planning Commission decided otherwise, they would be willing to remove the cabin. There were no public comments. ye^^**** *"***®®*®<* would be agreeable to allowing the cabin to remain on the property for two Smith commented that the only issue with this application appears to be the cabin. Weinberger remarked that City Staff does have concerns regarding enforcement should the cabin not be removed. Pierson stated the City could require that the cabin be removed, atrd if not, a court order for its removal could be Issued. Lindquist commented a bond could be required at a reasonable cost. It was the consensus of the Planning Commission to allow the cabin to remain for two and a half Pages 1 .r V- »-■ • "I ■ ORONO PLANNING COMMISSION MINUTES FOR MARCH 15,1999 (#2461 Chris PIsrson, continusd) years. Lindquist moved, McMillan seconded, recommending approval of Application #2461, 650,660,670, and 680 Big Island, subject to removal of the cabin located on Lot 6, along with the deck, stairway, steps and shed vdthln the stdeyard setback, within the next 30 months, filing of the subdivision be completed shortly after approval by the City Council; further subject to vacation of the utility, well, and drainage easements shortly after approval by the City Council of the lot line rearrangement, with the appropriate drainage and utility easements being granted to the City as requested by City Staff, and a title opinion will be completed and a copy provided to the City prior to filing of the subdivision. This approval is also based on the understanding that the cabin located on Lot 6 will not be used during the next 30 months. VOTE: Ayes 6, Nays 0. Schroeder requested that the Applicants draft the appropriate agreements subject to review and approval by the City Attorney. (#7) #2462 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND - VARIANCE. 6:25 p.m. - 6:37 p.m. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a tot area variance to aeate a buiidable lot on Big Island. The existing lot is 4.3 acres where 5 acres is the minimum lot size for building. Weinberger stated access to the lot is an issue, noting that there are a number of platted right-of- ways within Big Island, which would allow access to the lot. In 1983, most lots on Big Island were granted automatic lot area variances when the island was rezoned to RS. The previous property owner never filed their application to have their automatic tot area variance granted, making it a record lot, and the time period has expired for a free automatic variance. Staff recommends approval of the variance to permit 220 Big Island to be a buiidable lot, and to waive the one year expiration for the variance. Weinberger stated the main issue Is access to the lot for docking rights. It should be noted that City Code requires that docks on Big Island are for the use of the owners and their guests and not to be loaned or rented for money. If the Applicant requested dock space, a permit would need to be issued by the City Council. City Staff is also requesting that an existing cabin, which is currently in ruins, be removed prior to construction prior to any building permit being issued. Lovelace stated an agreement exists where restricts construction on the north area of the property, noting he is willing to remove the old cabin that currently exists on the parcel. Weinberger remarked that an easement granted by the previous property owner as a conservation area to the north to avoid any new structure being constructed In that area, and the Applicant has agreed to file a copy of the easement with the City and have rt placed it on the title. Lovelace indicated at this time he does not have an intention to store boats on Big Island, but would like to have a permit issued to have a dock on the property. Page# ORONO PLANNING COMMISSION MINUTES FOR MARCH 15,1599 (#2462 David Lovelace, continued) Welnbeiger stated the previous owner did have dock rights with the neighboring property owner, which was grandfathered in. S^roeder indicated that access to this lot should be granted before approval of this application Is Undquist Indicated he would be wilting to approve this application subject to access being granted by the City Council. Schroeder suggested that this appllcaUon be tabled until access is obtained. Lovelace indicated he will not be obtaining any building permits unless access Is obtained. Chair Smith Inquired whether there were any public comments concerning this application. Gerald Walsh, 180 Big Islarvl. commented that there are three public accesses available. Smith remarked that the residents are not allowed to leave their mode of transportion on the public rlght'Of-way. Rodney MInnIch, 340 Old Crystal Bay South, commented that the Applicant could buy an aquatic car. Sm^h stated the issue is that the residents cannot leave their mode of transportation on public McMillan inquired whether there were suitable septic sites available. Lovelace commented that the septic Inspector has found three or four sites which wiil probably be suitable for his use. Lovelace stated a mound system would be required If he builds in excess of 800 square feet. Hawn moved, McMillan seconded, to recommend approval of Application #2462, granting of a lot area variance to create a buildable lot at 220 Big Island, subject to access being obtained and septic issues being resolved. VOTE: Ayes 5. Nays 0. (#8) ROBERT ERICKSON, 364 and 372 WESTLAKE STREET. LOT LINE REARRANGEMENT. 8:38 p.m.-9:10 p.m. Robert Erickson, Applicant, along with Mike Cronin, were present. Weinberger stated the Planning Commission reviewed the sketch plan for the proposed lot line rearrangement at their November, 1998 meeting. The Applicant has revised the plans slightly. Currently Lot 9, the 384 property, is a narrow parcel con^sling of .65 acres, and the property located at 372 Westlake Street consists of 2.01 acres, which makes it a conforming lot 372 Westlake Street has a residence currently situated on it. which is being occupied at the present time, along with two guest cabirrs. The lot was assessed for only one sewer unit although it does contain the three separate dwelling unHs. The property currently is not hooked up to sanitary sewer, and the owners have indicated that they will hookup to sanitary sewer upon approval of their application. Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 c. #2¥5/ Lyle and Cretchen Shaw, 1780 Shadywocd Road - Continued Flint said he is in favor of approving the application because the garage addition is behind the 75’ setback, it is a small lot and not having a garage would be a hardship. VOTE: Ayes 4, Nays 0. y (#6) M461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson, 650,660,670 and 680 Big Island ■ Subdivision Chris Pierson, Pierson & Pierson, was present. Weinberger presented the staff report. The applicant has proposed a lot line rearrangement and lot combination. The lots arc currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. Three existing cabins are located on the lots. The zoning code would not allow two principle residences to be located on one property. The Planning Commission had made a reconunendation to allow the cabin to temun for a period of 30 months. The property owners arc willing to file an agreement with the City assurmg the cabin would be removed and it would not be used for that time. Weinberger said there is an issue wth the State Building and Fire Codes which state that no buildings arc allowed within three feet of a property line which is the situation that would be created by this application unless fire walls and a parapet are constructed Cities do not have the authority to vary from the requirements of the State Code. He said the applicant could build the fire walls and bring the center cabin up to code in order to allow the lot line rearrangement to occur. The cabin could be removed at the time of the filing of the subdivision. Another option would be to move the property line south 1-1/2 feet. Another option would be to do nothing until the cabin is removed. Staff recommends denial of the application based on the State Building Code requirements. Chris Pierson said his clients bought the property last June from a long-time frieiid of the family. In the course of buying the property, the former owner asked that the cabin not be tom down. His clients have agreed to remove the cabin in 30 months. Jabbour asked if the property line could be moved 1-1/2 feet to accommodate the State code requirement. Pierson said he would have to discuss it with his clients. They would like the application approved now and they wouldn’t file the subdivision for 30 months. Jabbour said he is in favor of approving the application, but he is not willing to ignore the State Statute. Pierson said building the fire wall and parapet are not feasible. He said his clients are not willing to put more money into surveys. His clients are willing to enter into an agreement with the City that the cabin will be removed in 30 months. Page 6 I ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 U2461 Chris Pierson, on behai/of WUUam and Thelma Bryson, James A. B. Johnson - Continued Sansevere asked if the intent is to leave the cabin to acconunodate the wishes of die previous owner. Pierson sud yes, but the long-term plan is to remove the cabin. Jabbour asked staff if a preliminary subdivision can be approved, but the mylar not signed. Barrett said applicants have six months from preliminary approval to obtain final subdivision approval, but there is a provision for extensions. Jim Johnson, 6S0 Big Island, said nothing is changing from where it is right now and he questioned the need for a fire wall. Pierson said the intent is to simplify the arrangements regarding taxes, insurance, sewer, etc. He asked if the Council could approve the application subject to their agreement not to file it, which is how the Planning Commission approved it. Jabbour said that after the Planning Commission acted on this application, staff discovered the technical problem with the State Building Code. Jabbour ask^ if the Council could give preliminary approval and wait to issue final approval after the cabin is removed. Johnson said he is trying to settle this matter for estate planning purposes. Barrett said this application is for a lot line rearrangement and there is no preliminary plat required. Jabbour suggested that the application be tabled. Johnson said he would agree to table it. Sansevere said he favors moving the lot line. Kcll^ moved, Flint seconded, a motion to table Application #2461,650-660-670-680 Big Island, Lot Line Rearrangement. VOTE: Ayes 4, Nays 0. Page? J Application Date: Completion Date: 60 Day Deadline: 12/18/01 12/18/01 Waived REQUEST FOR COUNCIL ACTION ndcpTiNG APR 0 8 2002 Cl IV Ur o«u/v(j Department Approval: Name Wendy Bottenbcrg Title Zoning Adminstrator/Planner DATE; 4/4/02 ITEM NO.; 6? Agenda Section: Zoning Item Description: tt02-2740 Jeffry & Nancy Twidwell 1865 Concordia Street Variance Zoning District: Lot Arti: LR-IC One Family Lakeshore Residential District (.5 acre) 22.000 s.f. (.5 acres) List of Exhibits: A Staff Report and E.\hibits of 3/18/2002 B Engineer letter C Staff sketch Pertinent Code Section: 1. Section 10.22. Subd. 2 and Section 10.56, Subd. 16 (L)(2); Hardcover in 75-250*: Within 75- 250' of the shoreline there shall be no greater than 25% hardcover. To permit 4.797 s.f. (33.54%) hardcover where 3,575 s.f. (25%) is allowed. Application Summary: Applicants are requesting a hardcover variance in the 75-250' setback zone to construct a new residence on the lot. Staff notes that approval would appear to be inconsistent w ith similarly situated applications for teardowns/rebuilds on conforming lots within the past three \ ears. Background: Applicants have resided in the existing residence for the past seven years. They have considered several schemes for remodeling the existing residence and have concluded tearing down the existing residence and constructing a new residence on the property is the best option. The applicar.'.s have submitted and redesigned their house plans three times in order to meet the 15% lot co\ crage by structures for the property, meet setback requirements, while saving tliree mature maple trees in the 75-250' zone. While their current proposal recommended for approval by the Planning Commission meets setback, average setback, and lot coverage standards, hardcover in the 75-250' setback zone is still proposed at 33.54% where only 25% is allowed. Applicants presented three different plans for Planning Commission review to show options keeping the mature trees and without the trees. These plans were reviewed by the Planning Commission at its March 1S"* meeting. The applicantss asked the Planning Commission to review the Preferred Plan which keeps all three trees. This is the plan recommended for approval by the Planning Commission. 1 The stated liardship and plan is designed around three mature maple trees on the lot - two near the road, and one centered in the 75-250' zone. The new residence will be located completely out of the 0-75’ zone, but remains in line with adjacent homes. The excess hardcover is a function of a number of factors: 1) Keeping the residence in line with adjacent homes to not result in a ‘domino ’ elTect which would negatively affect the neighbors ’ average setbacks; 2) Keeping the residence in line w ith adjacent homes so that applicants views of the lake are not impacted by the neighboring homes; 3) Designing and locating the residence so that it maintains a 10-12’ setback from the trunk of the center-lot maple in an attempt to save it; 4) House/decks footprint and necessar>’ sidewalks; and 5) Driveway to ser\'e 3-stall garage. Planning Commission Recommendation: The Planning Commission recommended by a 7 to 0 vote to approve the application as presented with condition the 252 s.f. deck located by the lakeshorc in the 0-75’ zone be removed, which applicants agreed to. Planning Commission did not discuss w hether mature trees w ere a hardship necessitating additional hardcover in the 75-250’ setback zone. However, there was discussion by two members of the commission regarding whether the trees would survive. The draft Planning Commission minutes were not available at the time this report was written. Hardcover Discussion: Staff would ask Council to carefully consider w hether an 8.5% hardcover variance is appropriate for a conforming lakeshorc lot. The lot meets the 100 ’ w idth. '/i acre standards of the LR-IC District, so lot size should not be a factor. During the past three years (1999-2000-2001) the City has issued building permits for 32 tcardown/rebuilds on lakeshorc lots. Seven of the 32 met all code standards (often after significant paring-down of plans), the remaining 25 w ere lire subject of a zoning application. Of these 25, qo conforming lots were granted hardcover variances . Only substantially undersized lots were allowed excess 75-250’ hardcover, and similar sized lots to the applicants (examples: 1130 Loma Linda, 0.44 acres; 2683 Casco Point Road. 0.46 acres; 3195 Casco Circle, 0.56 acres) were held to the 25% limit. In fact, only lots of 1/4 acre or smaller were granted hardcover in excess of 30%. Wh'.le stall understands that each application must stand on its own merits, any lack of consistency in granting variances will make it difficult for staff to advise future applicants what to expect. Therefore, if Council is to grant this application, it must be prepared to make similar findings for other applications regarding w hat constitutes a hardship. Does the justification of being in line w ith neighboring homes to preserve views and avoid the domino effect act as a hardship, or is it a convenience? Does having substantial driveway area to not only serve 3 stalls but to provide for a backup area on a low-traffic local street, constitute a hardship or a convenience? Is the preservation of mature trees that are not in an area protected by code, a hardship or a convenience? Is the combination of a number of factors suitable to act as a hardship? Staff believes that a site plan could be developed that minimizes driveway and preserves the trees while requiring around 28% hardcover. This could be accomplished by a narrow driveway extending straight from the garage to the street, tapering from a 3-stall width to as little as 10-12' wide, located south of the two mature maples and maintaining a setback from them even greater than that ofthe proposed plan. Such an option is conceptually shown in Exhibit D. This would still allow for on-site parking, would still accommodate 3 stalls, but would not have a backup apron Staff does not believe excess hardcover is justifiedfor a backup apron on Concordia Street which has very little traffic. Drainagc/Grading Plan: A drainage plan has been submitted and reviewed by Tom Kellogg, City Engineer. His comments are included in Exhibit C. The plans shows grading within 75' of the lakeshore. The grading is partially required to fill the hole that will be left when the existing house is removed. The architect has been contacted and has stated the grading can be reduced to limit the land alteration to the area of the existing house. The grading and proposed elevations help to allow a walkout rather than raising the house 2 feet. The City generally does not approve grading in the 0-7S' zone to create a walkout situation. The proposed grading lowers the grade to make a walkout more feasible. Staff cannot recommend approval of any grading in the 0-75' zone other than that necessary for restoration of the site to pre-existing conditions in the area of the removed residence. STAFF RECOMMENDATION: Staff recommends that Council consider whether the hardships presented justify the hardcover variance. Staff would suggest the site plan can be revised to reduce 75-250' hardcover from 33.5% to approximately 28% and still meet most of the applicants needs. If on the other hand Council feels the current request is justified, staff recommends that a condition be attached requiring replacement of trees if any of the three maples should die in the next 5 years. If the application is tabled for further revision. Council should consider whether it should be reviewed by the Planning Commission again. If Council accepts the application as presented, direction provided to staff to draft a resolution for your next meeting. TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg. Zxmmg Administrator/Planner March 13,2002 SUBJECT: #02-2740 Jeffry & Nancy Twidwell 1865 Concordia St. Variance - Public Hearing LR-IC One Family Lakeshore Residential District (.5 acre) 22,000 s.f. (.5 acre) Zooing District: Lot Area: List of Exhibits A Analysis Worksheet Sun ey (E.xisting) Site Plan (Proposed-Preferred) Preferred Plan Elevations/Floor Plans Preferred Plan Hardcover Calculations Letter from Applicants/Hardship Letter from Arborist Letter from Adjacent Neighbors Site Plan (Non-Preferred Option A & B) Non-Preferred Hardcover Calculations/Elevations/Floor Plans Site Photos showing trees B C D E F G H I J K Pertinent Code Section: 1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250*: Within 75- 250' of the shoreline there shall be no greater than 25% hardcover. To permit 4,797 s.f. (33.54%) hardcover where 3,575 s.f. (25%) is allowed. Application Summar)*: The applicants own the subject property and arc requesting a hardeover varianee in the 75-250’ setback zone to construct a new residence on the lot. Background: The applieant's first two proposals were more expansive than the plan now in front of the Planning Commission. After reviewing the initial application, staff discussed lot coverage by structures on the lot with the applicant, explaining that structural coverage on the lot was increasing and would be over the 15% allowed by city ’ code. The applicant redesigned the residence to meet the 15®'o lot coverage by structures for the property. However, hardcover in the 75-250' zone still exceeded the allowed amount. That proposal was on the agenda for the February Planning Commission meeting. The applicants decided to table that application prior to the meeting to work further with their design to better conform to city code. The applicant ’s have diligently done that. This proposal further reduces the lot coverage by structures and hardcover in the 75-250' setback zone. However, hardcover in the 75-250' setback zone still exceeds the 25% allowed by city code. The proposed plan (Preferred Plan) locates the new residence behind the average lakeshore setback. All the structure is located within the 75-250' setback zone. The structure is 2,565 s.f. (11.7%) which is well below the allowed 15%. m-2740A Jeffry/Nancy Twidwell 1865 Concordia Street Variances 3/13/2002 Page I itflfTrm*! f- The applicants have provided three plans for the property. The three plans are Preferred Plan, Non- Preferred Plan A and Non-Preferred Plan B. The three plans show how varying the placement of the residence on the property can meet hardcover requirements, which trees will remain or necessitate removal, and location of the residence with adjacent properties. The size of the structure remains the same with each plan. Preferred Plan: The applicant’s Preferred Plan requires a hardcover variance in the 75-250' setback zone, keeps the residence in line with the neighboring properties, and allows the three mature maple trees to remain. Non-Preferred Plan A: The applicant’s Non-Preferred Plan A does not require any variances. It indicates the residence would be moved back on the property appro.ximately 30' from the street and all three of the mature maple trees would be removed. Non-Preferred Plan B: The applicant’s Non-Preferred Plan B does not require any variances. The residence is flipped from Non-Preferred Plan A. Again the residence wold be moved back on the property and be located approximately 30’ from the street and two of the mature maple trees would be saved. Hardcover: Hardcover in the 75-250' setback area: Proposed to be 4,797 s.f. (33.54%) per the preferred plan. The proposal exceeds the 25% hardcover allowed by Orono ordinance for new construction. The entire structure is located within the 75-250' setback area. The applicants wish to construct the residence closer to the lake in line with o.'her properties. By doing this they will be able to keep the three mature maple trees on the lot. However, it increases the hardcover in this setback zone. If the applicant were to move the residence even further back on the property to meet hardcover requirements in the 75-250' setback area a couple things would happen; The average lakeshore setback would change for the adjacent properties. If adjacent properties decide to redevelop they would need to be located further back on the property than currently exist. A domino effect would occur, with each new residence being required to locate ftuther back on the lot and closer to Concordia Street. Do we want residences to be located closer to Concordia Street? The proposed location keeps the new residence in character with the neighborhood and minimizes the domino effect, but results in e.xcess hardcover. Hardcover in the 75-250' setback area is over the allowed 25%. To reduce this to the required 25%, approximately 1,222 s.f. of hardcover would need to be removed. The lot averages about 215* deep and is 102' wide. Statement of Hardship: The applicant has included his statement of hardship in Exhibit 0. The applicant should also be asked for his testimony regarding this issue. H02-2740A Jeffry & Nancy Twidwell 1865 Concordia Street Variances 3/13/2002 Page 2 Drainage: The applicant did not submit a draiiu^e plan with the application. A drainage plan needs to be approved by city staff prior to City Council review of this application. Issues for Consideration: 1. A residence currently exists on the property in a non-conforming location too close to the lake and will be removed. Existing total hardcover on the site reduces from 7,698 s.f. to 5,049 s.f. 2. The lot area and width are conforming for the LR-IC zone, therefore is not a hardship for this property. 3. The new residence will meet average lakeshore setback and all other required setbacks. Should the potential negative impact on average lakeshore setback for adjacent properties be considered as a h^dship justifying excessive hardcover? 4. Does the Planning Commission feel tree location and preservation is a hardship and meets the hardship criteria for a hardcover variance? Will the trees survive construction? Should a covenant or resolution reflect if the tree/trees don’t survive new ones must be planted? 5. The applicant has included sidewalk and driveway on the plan and in the hardcover calculations. 6. The proposed house and deck can meet the hardcover requirements for the property if it is moved back on the lot. 7. The house footprint is not excessive and further reduction of house/garage size won’t significantly alleviate the hardcover issue. 8. Other issues raised by the Planning Commission. Staff Recommendation: Planning Commission must first conclude whether the hardships supporting this variance request are valid. Even if they are. Planning Commission should consider whether there are alternatives for house/garage configuration that preserve the desired square footage yet reduce driveway hardcover while preserving the trees. Options for Action: 1 . Recommend approval of variance and prior to going to City Council a grading plan be submitted and reviewed by City Engineer. 2. Recommend denial of variance, stating reasons. 3. Table, giving applicant direction. 4. Other action. M2-2740 A Jtffiry A Natuy TwldweU 1865 Concordia Street Varicmces 3/13/2002 Page 3 • r-v t • ANALYSIS WORKSHEET The subject lot conforms to lot area and lot width. Lot Coverage Hardcover Calculations LR-IB Lot Area Lot Width Required .5 Acre 100* Actual .5 Acre 102* Total Lot Size Total Structural Coverage Percentage 22,000 s.f.Allowed' 3,300 s.f.15% Existing: 2,498 s.f.11.4% Proposed: 2,S6S s.f 11.7% Distance from shoreline Total area in setback Allowed hardcover Existing Hardcover Proposed Hardcover 0-75*7,700 s.f Os.f (0%) 1.574 s.f (20.4%) 252 s.f (3.27%) Steps 75-250*14,300 s.f 3,575 s.f (25%) 6,124 s.f (42.83%) 4,797 s.f (33.54%) ..6 « CERTFICATE OF SURVEY FOR JEFF AND NANCY TWIDWELL OF LOT i BLOCK 1. .FAGERNESS WOODS HENNEPIN COUNTY, MINNESOTA I ^ r«CCMSS «OOM • mtnm n»» 9i099f !• ifit* IM lUt «l «P« MliNf •itwM lUiVM* N Nfl tMcrMcmvNft •I in« m rn^wm^ mmmtt «f « • !• Mi m*f «M m EX-ldiA^ - -Prerte^rr-ed. P^otn CERTIFICATE OF s URVEY FOR JEFF AND NANCY TWIDWELL OF LOT 1. 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S.F. ST. ST. ST. A ST. B S 'Recy 5(^loa- - •PP-E.FEl^l^D HOJ6e UasATloU A. House G HARProVER IN ynisty; Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other lUcX A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -------------------+ B _________ _____________ B PROPOSED HARDCOVFR IN 70Nf; X 100 - X 100 - A. House Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Pacio/Deck X X F. Landscape Underlain By Plastic G. Other Kroui^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _____________+ B X 100 - * 500-1000* 'Zoo ni %4- \4Sqq 42.&1, 771. Z\'Z'l Wo U3 S.F. S.F. S.F. S.F. S.F. S.F. CoMcAgtS S.F. SJ^. S.F. SJ. S.F. S.F. \wtuL S.F. S.F. U)eeO*wL|^ S.F. AS.SA S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. SJ. A SJ. B % r* March 4,2002 Varianca Raquast - Jaff and Nancy Twktwall 1865 Concordia Straat, Orono MN 55391 Background and Our Hittorv A brief background regarding our property helps to explain why we are requesting a variance. Our property was first develops in 1941 beginning with a small cabin. Over the years, there have been multiple additions. With these additions, the home was expanded to the south into a sloping hill. This has created 1) limitations for further expansion or remodeling, and 2) severe drainage and runoff issues. Over the past two years we have made two formal attempts at remodeling but due to the innumerable problems with the present structure and drainage, this has been impractical if not impossible. We have lived in our present home for 7 years. We love our beautiful lot and our neighborhood. For these reasons we have chosen to rebuild rather than move. We hope to spend the next 30 years on this property. Our intent with the new project ha^ oeen and continues to be 1) to provide an adequate home for our familyV. needs including an attached garage. 2) to presence the large maple trees in tho center of the lot. 3) to improve the serious drainage & runoff issues that exist on the lot. 4) to markedly reduce the hardcover, and 5) to moye the structure back to the accepted 75' setback. Proposed Home Our hardship, and therefore request for variance, relates to preservation of the three large maple trees that run down the center of the buildable zone of our lot. These trees are an integral part of the beauty and makeup of this lot. While surrounding lots are heavily treed, wp have few other mature trees and these are on the periphery of the lot. “Large Trees ” are specifically sited in the variance application packet as justification for hardship and this definitely pertains in the case of our lot. Earlier plans for rebuilding were withdrawn because, as proposed, they exceeded the hard cover requirements and they did not presence one of these three maple trees. We have worked diligently to re-design a home that is an appropriate size for the lot and neighborhood and to locate this home properly on the lot. Our new plan, 1) meets lot coverage restrictions 2) removes all existing hardcover from the 0 - 75' zone (except steps down hill to lake), 3) reduces hardcover dramatically, 4) preserves the three large maple trees in center of lot (see attachment from arborist), and 5) maintains “proper" alignment of the new home with adjoining properties on both the lake side and road side of the existing lot. 'pec'd. slHloa- March 4.2002 Varianea Request - Jeff and Nancy TwMwell 1865 Concordia Street, Orono MN 55301 Comparison of Exiotino v«. Proposed When comparing the proposed hardcover to the existing hardcover, all aspects are markedly reduced. Hardcover Total hardcover 0* - 75’ 75’ - 250 ’ Lot Coverage Existing 7732 s.f. 1574 s.f. (20.4%) 6158 s.f. (43.1%) 2819 s.f. (12.81%) Proposed 5049 s.f. 252 s.f. (only steps to lake remain) 4797 s.f. (33.54%) While the proposed structure could be built on the lot and maintain the 25% hardcover restriction, the following deleterious results would occur: 1. The three large maple trees would be destroyed. 2. An inconsistent ’’massing" effect would occur since the structure would be only 30’ off Concordia Street. This is totally out of character with all nearby properties in the neighborhood. 3. The new home would not line up with adjoining properties, properties that already maintain the proper 75’ lakeshore setback. 4. Domino effect could be created for any future building on adjacent properties. We are asking for a hardcover variance to provide a small amount of additional driveway to prevent all of the above problems, thus avoiding the potential of a very obvious aberration in the texture of the neighborhood. Alternative Siting — 'e>* Alternative siting of the home (i.e.. flipping layout with garage and home adjacent to north property line) is not practical. The slope and lay of the land is from southeast to northwest. We face significant runoff from both the adjoining property to the south and Concordia Street. Placing the structure on the north or lower side of the lot would only perpetuate the drainage problems we already face. Additionally, placing the structure on the north side would negatively impact our neighbors to the north. The Andersons recently completed significant landscape improvements along their newly installed fence to the north of our property. A structure along this border would block sunlight and lead to loss of the new plantings. Neighborhood Support & T ree Preservation This project has the full support of our neighbors (see attachments). We have also enclosed a registered arbedst assessment of the condition and preservation assurances for these specimen trees. We are willing to place a covenant on the property protecting the trees from future voluntary removal. We will voluntarily install a driveway drainage system to mitigate the hardcover/ runoff of the entire • ♦ • • MMCh4,2002 Varlanc* RsquMt - J«ff And Nancy TwkIwMU IMS Concordia Stroat, Orono MN 5S39 'i driveway. While Orono may not recognize this in hardcover calculations, this would *functionally” reduce the hardcover for runoff for below the 25% limit SUOUDIOL In closing, the positive aspects of this project are obvious and overwhelming. The intent of the ordinances - to improve Lake Minnetonka water quality by minimizing water runoff, and to maintain proper size structures that beautify the Orono lakeshore community • are all met without question. We are asking to build an appropriate size home on our lot. We are asking for a variance only to add a small amount of additional driveway to allow suitable house placement to preserve three large trees, the loss of which would be an undeniable hardship in all reasonable Judgment from neighborhood beauty, practical and legal perspectives, in granting this request, the character of our neighborhood is preserved. With our proposal Orono benefits. Lake Minnetonka benefits, our neighborhood benefits, and our family benefits. We thank you for your time, thoughtfui consideration, and we respectfully ask for your approval of our variance request f Variance Request -1865 Concordia Street Jeff and Nancy Twidweli Please find enclosed supporting documents for our variance request. We have letters of suf^rt from 3 of our 4 neighbors. The remaining couple, Julie Borm and Jim Pecchia who live at 1885 Concordia Street, are out of town and could not be reached to write a letter. They were contacted previoasly by myself and have seen our proposal and are in full agreement with the plan. A letter can be provided upon their return if necessaiy. Also enclosed is a letter from Steven Cook, a certified arborist and forester as well as president of The Cook Company, a forestry consulting firm. We asked him to evaluate the trees in question. Jeff Twidweli 1% •* I %■ mm I 'iV'i j;" i'vvf,^:i/. Aii v > A^!;w?X^y, 'v--V.i-J! '},u ^ March 2.:;f M. Mn. Nancy Twldwell 1865 Concordia Street Onno. MN SS391 Dear Mr. Tnidwell: In ihftt KgBiit I tndde Ae foUowiqg oonnDcots: • Tl«/«ir trees WeipMJeee drawing-C-) arc an sugar No slpiflcanidieback was observed and all j^jpeared to have Mcrowns. • Tree number 1,2 and 3 wUlaU be lost in Kenaiio*A". • If ^C(ii|)actimi and root damage impacts are properly ininiiniaed during coostnicdon aettvides. tree ousDberlsNiIdedttbit a decent dance of lopg’tenn survival. Someoftbe precautions recommended are; a) Root catting udng a vibratory plow just ouuide construction limits before excavation. b) Oovering soil lo die north and east of tree number 1, and around the stem, with a least one fbot of wood dr^M- This muldi should also be used around trees 2 and 3. * The driveway locatioo dcpicaod in *C” has the least impact on trees 2 and 3 by using the original area east of the trees as part of die path of the drivcwiQr. I have also outlined on aoenario *C” two recommended udli^ coiridoR for your new utiliQr service which will inost likdy be underground. These oorrklors are lecommeiKied to iniiumue toot disnqnlflo of ihe edsdng trees. Please fed hee to contact roe if you have ai^ questions. Sincerely, iievea7. CookSteven Forester ‘*r,4c Tar j, ,/»“ -1 tv & iUUU B?.‘e2/2ea2 ie:2s 6514579350 coo CZMPWf If ficFemD MMBC Ifu * Mbtit «M4 ij «M«)hW9MU^ ^40■■ ■ IBT LAAJ M M N zyor 2i" j ^'£ ;s — - r f.. CONddMA* . Page 1 of 1 n Subj; Houm Variance Date: 3/3/021:33;36 PM Central Standard Time From: s.d.towleQwortdnet.att.net ^Steve Towle) To: JT4HuskersQaol.oom (Jeff and Nancy TwkIwelO :i To Whom It May Concern, Our neighbors across the street from us, Dr. and Mrs. Jeffery Twidwell residing at 1865 Concordia St Wayzata, Mn., have proposed certain improvements to their original home building project We are in total concurrence with these revised plans which indude the fdllowirtg: Saving three large ^^le Trees on the lot and setting the house in such a possition on the lot that it will be in concert with the homes on either side of them. Since purchaseing their home at 1865 Concordia the Twidwell's have maintained the highest standards of property stewardship and we as their neighbors are very pleased to endorse their building plans and hope that they will be fulfilled. Sincerely, Stephen Towle / Janet Gilbert HusbarKl and Wrfe 1850 Concordia Si Wayzata, Mn. 55391 Headers Return-Path; <s.d.towle@worldnelatlnet> Received: from rly-yh01.mx.aol.com (rly-yh01.mail.aol.com [172.18.147.33]) by air-yh02.meil.aol.com (V83.35) with ESMTP id MAILINYH23-0303143336; Sun, 03 Mar 2002 14:33:36 -0500 Received ’ from mtiwmhc22.worldnet.att.net (mtiwmhc22.WQrldnet.att.net [204.127.131.47]) by rly- yh01.mxaol.com (v83.3S\ with ESMTP id MAILRELAYINYH18-0303143311; Sun, 03 Mar 2002 14:33:11 - 0500 Received; from oemcomputer ([12.92.30.86]) by mtiwmhc22.worldnelatt.net (InterMail vM.4.01.03.27 201-229-121-127-20010626) vrith SMTP id <20020303193310.WDZW13933.mtiwmhc22.worldnetatt.net@oemcomputer> for <JT4Huskers@aol.com>; Sun, 3 Mar 2002 19:33:10 *0000 Messoge-ID: <004a01 cl c2eb$88bd6060$561 e5c0c@oemcomputer> From: "Steve Towle" <s.d.towle@worldnelattnet> To: "Jeff and Nancy Twidwell" <JT4Huskers@aol.com> Subject: House Variance Date: Sun, 3 Mar 2002 14:42:19 -0500 MIME-Version; 1.0 Content-Type; multipart/altemative; boundary="—=_NextPart_000_0047_Ol Cl C2C1.9F3F7FA0" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer Microsoft Outlook Express 5.50.4607.1700 X-MimeOLE; Produced By Microsoft MimeOLE V5.50.4807.1700 Sunday, Marcb UJ, 2002 Amenca Ctaline: J 14Huskers k :----------------. H Oiono Land Use Application # 01-2740 3/2/02 To Whom It May Concern; We are writing this letter as support for the home project of Jeffrey and Nancy Twidwell at 1 86S Concordia Street. Our neighborhood is endowed with many mature trees and any effort to preserve this woodsy setting is commendable. The Twidwell,s proposal to try to preserve three mature trees with the placement of their new house is in our estimation the proper thing to do. We would urge you to approve this land use application. Sincerely, Vincent R. Anderson I .ii^/lu4^ Virginia B Anderson 1855 Concordia Street M irM«ch3, To lha m«nben of ttw Orano R««*t2 ConmMan and Ci^ Councl. Wa na wrWng to you in mipport of Jalf and Nmy Twit^MBTa plannad tNidng prajact foMheir prapafty aM866Conoo(dto8kaat Waundantondthatttieyaraiaquaaiingavarianoatoincreaaetodot^ abovalha2SKImit AanajahboUtwaagtaaandbaBaMathatlWihatdccuarla naadadtopra/ldaaomaaadiadrivaMKayto protocMha1hiaalaii»Maplal raaa In thamiddte of thair proper^. SinoathairlotinmthootflyMoodad, loaa of thaaaliaaaaiouldaignWc anlly Impact toabaau^ of thalt properly at <aal os that of tha naighbortnod. Wabalaualhat atiy dadaion balwaen a aRghtvafianoa in hantooverand lha deatmcHon of decadea old haaMhy traaa ahouM go infMorof praaarving lhatraaa Wa undaraland that lha homo can ba bUR on tha lol and mainiain tha 25% hatdoovar but It viM need to batha minimum 30 feat from tha road and deatraylhalraoa in queation. BuMingthatciooatotha alraatiaoettainiyoutofchaiactonaiihlhaaunouriii ngpropartiaa. Alao,tNt\NM taka their homa out of aHgnmant wNh their lakaahoro naighbora totha north and aouth. lnooncluoion,waatrQnglyaupportthairvaiianoaappiicabon. Their plan makae laapecthiy ia(|ueat that It be approved. touaartdvve Sinoeraly, Paul and Karen Hanaen CERTIFICATE OF SURVEY FOR JEFF AND NANCY TWIDWELL , OF LOT i BLOCK 1. .FAGERNESS WOODS HENNEPIN COUNTY. MINNESOTA rco !• mmrn m n m4 MW urn 1 , 1 ■IB w LmmmJ • v/im COFflNftG X Dra 5S5S • #• •• iM I 9^0 •. worn • -IPtMM i«^ t»qr iwfi «#«• ^» • • MMI !• ««• tM ^m0mri%n «4 «it incr^M M>t lKt4^ •! m HMt mt f»«fiu licl«n •! Mtte iftfTMA H #M« «•! ti#pirt t« ii«0« •Oitr T^t gimig » 9MCM ^^lo>u 'B'-' 5cJLv/cdl iiL_ _____ Wc3r-fP-SpBP.^ED WoJfeE UOWlClA HAIU)COVE3X4------------------------- SETBACK ZONE: (CIRCLE OWE> MS 75-25V 250-500'500-1000* gyigriNG HARDCOVER IN EONf. A. House _____________ LcQfth width X X X B. C. Diiniiwty X X D.X X E. Patio/Deck X X F. Landscape Uoderlain By Plastic X X 3^ G. Other gaeX aii- A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _________________ ♦ B _____ _________________ ♦ B 15*14- X 100 X 100 TlOO PROPOSED HARDCOVER IN ZONE A. House _______________ X LcAfCh Width X X X B. Garage C. Driveway X X D. Sidewalk E. Palio^ck X X F. Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ _ ♦ B X 100 1^*2. 392m S.F. Hou^ S.F. SJ. CuR-^ SJ. • S.F. S.F. S.F. SJ. S.F. S.F. S.F. WkTio S.F. S.F. SJ. S.F. __S.F. _________.S.F. te.4A •/. A B S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SJ. SJ. SS, SJF. A SJ. B % 'Rec'eJ 5(‘<loa- ^ - ^rlLifS J # t 51 i £ tt f P-EPEftp-BD LdCKTtoU " HARDCOVER CALCULATIQNWORKSHEET SETBACK ZONE: (CIRCLE ONE) l>-75’ 250-500* 500*1000* j: fC HARDCOVER IN mwF A. House Lcagtti Width X X X B. Ctrage C. OrivcM^y X X O. Sidewsik X X E. Pado/Deck X X F. Landscape Underlain By Plastic X X X C. Other A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _________________ ♦ B B X 100 X 100 PROPOSED HARDCOVER IN 7.niW A. House Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Pacio/Deck X X F. Landscape Uoderlain By Plastic X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ _ _ _ _ _ ♦ B X 100 \^\A ii&l ^«e SJ. S.F. S.F. S.F. S.F. 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', :■»! fJ ffl •' •*) sapillft'i® N . • I !■■ • • U'.*> It i/u; fiivVI ■ v^.. •'VJ ^ :-t ------i./.'ii K / ^ <■* 1* o X -.? 7^K .:-T V «.r_. BONESTROO ROSENE ANDERLIK 1/ i Bonestroo ffjgitosene '■ra Anderlik & |\|| Associates Engineers & Architects April 1,2002 9 6516361311 04/04/02 14:04 0:01/01 N0:758 BmmUmm, AiMcisffi. IM. if »i irmafiv* Actioo/C^ Oppmtunitf fwpHf r ana iiiylaf a AriACJ^Alv* Offn It Ft • M.wvin I 5orv.«l.i n • Qicnn Caoa fC • AwOvtl d trnMTurv^L Pt • jrtr/ A ll«tat/rln#i. SfHi## CaOMkMHl.* PoOfM PwMifia. PC • C Ai»U»«U4, Pt • J t. Tw»nrf. PP • M. C PA AliaclMt KtfiUi A. OyfUun. PC • tiilivti B. Pfeffvfla. PC • ftkiuirii \lf. Pw%le»f. PS. • O lAiMM • MtWk A Manton. PC • MiUVtal 7. IdMinMfin. PC ■ 1b«l K PmhU PI. • Kvnnvth P AmJuffocv PS • M.p« t iMt«. PP • OavuS A ICNKliniO. MCA. # tnkmp P SriliMtfiMiti PC IS • Afjn«» m Ciny. Mi A • Allan Biui Uhnutfl. PC • rAOPMt W PeterlOP. PC • iam«k t. PC • Mri»k A Ivfiksm. PC • L PfW^p C#a««< m. PC • dailal L PP • iimaci PC. • rifomAft A Syfkii. PC. • SHeHIwi X loHruon # Oile A Crm. PC • Thufr«n A iayVi.if. PC • Bnoc<f J Oevafy PC OfflCffi: Sf PumI Si CI«Mt«l HuclM-Mvf .<rul WiUm.m MN • MMWf.suAr«*. W1 • riiN.igii. a Ateitltt: arevMrbunatlroornifi Paul Weinberger Zoning Administraior/Planner City of Orono Post Office Box 66 Crystal Bay. MN SS323 Re: Tidwell Residence File No. 1394)2-000 Plat No. 024660 Dear Paul: We have reviewed the proposed site improvements for the Tidwell residence. The .site is located at 1863 Concordia Street. We have the following comments with regards to engineering matters: • The proposed grading is within 75-feet of the lakeshore. The City should review and determine whether this is appropriate. At a minimum, silt fence locations should be shown on the plans and in place prior to any grading or structure removal. • The driveway should have curb and gutter to direct drainage to the street. • The propo.sed swales along the northeast and southwest sides of the home arc in excess of 8%. Swales steeper than 4% are susceptible to erosion and will require additional soil stabilization materials (geotexiiles, etc.). • The property owner should consider including some type of infiltration basin or water garden into the landscape plan where the two swales intersect. A water garden could be designed to be an amenity to the property and provide some water quality benefits. if you have any questions please call me at (6SI) 604-4963. Yours very tnily. BONESTROO, ROSENE, ANDERLIK A ASSOCIATES, INC. Tom Kellogg Cc: Greg Cuppa, City of Orono S W12' 11" E 199.09 • • • • • K'' \ Bi It r u opT.u! Mi I 9 29f N 58*l2Lir W - r> -t n I'lk^ J3t^ M- bbl4b79Jbf UJU-.HA'ji t*J ■.! .^O OicrrkBS Avenue \wuv.. I'wl. MN 55Ii8-2:)C-: CQOK COM^NYc f i Cl ^ N :: R Y.i.' 5. > Aprils. Mn. Nancy TwMwell IMS CooDOidla Street Orono, MN SS391 Dear Mrs. Twldwell: At your reques, 1 have reviewed the -Staff Sketth Driveway Option* you sent nie. existing driveway ml garage. Buvival. Please feel free to cotnact me if you have any tpieations. Sincerely. StevenJ Forester '^IlMlliR: Min»»Pinaa r«wo(ry AAmciai*©?* Shaife T-nw AHv%of> t H Ash*7*ttli*-re* IruorivMioiiol S©dftf H A»*freuiiMt« a Afnwwt»t Aet^ Jitiori Lr.dM UrtTHlTrtllflr -rjhriTIn^Bririiflrrt^flr. a’Vti'rtifhiV^, ■!■---- * ......ni CoiiMoii MfiEJiNG Application Date: 2/19/02 add n o Completion Date: 2/19/02 ^ S 2002 60 Day Deadline: 4/20/02 CWY ut- OHoiur. REQUEST FOR COUNCIL ACTION Department Approval: DATE: 4/4/02 Name Wendy Bottenberg ITEM NO.: Title Zoning Adminstrator/Planner ‘ . -Agenda Section: Zoning Item Description: #02-2761 Addison & Cindy Piper 1125 Spring Hill Road Variances Zoning District: Lot Area: List of Exhibits: LR-IBA One Family Lakeshore Residential District (2 acre) 6.6+ Acres A Resolution B Staf!' Report and Exhibits of 3/18/2002 Application Summary: The applicants purchased the subject property in November 2001. The applicants arc requesting variances and conditional use permits to remodel the pool house, construct a guest house, and construct a screen porch to the existing residence. The existing residence was built in the 1950's. 1. Guest House: Conditional Use Permit: The applicants are requesting a conditional use permit to construct a guest house on the property. The guest house would be used as a caretaker's living quarters, storage and provide 2 additional parking stalls. The guest house will be 24' x 62* and will be located northwest of the existing residence into the side of a hill. The guest house will have a separate septic tank and will be connected by a gravity line to the existing pumping chamber and mound. The guest house meets all setback and lot requirements. 2. Screen porch: Average Lakeshore Setback Variance: The applicants are requesting an average lakeshore setback variance to construct a 13.5' x 25' screen porch on the lakeside of the existing residence. The screen porch addition encroaches into the average lakeshore setback by 15'. The porch will not be visible from the adjacent residences. 3. Pool House: Conditional Use Permit and Crowding Variance: The applicants are requesting a conditional use permit to replace existing plumbing in the detached pool house and a crowding variance because it is located within 10' of the principal structure. The pool house has been on the property since at least 1994 as shown on aerial photographs. Conditional Use Permit is required because the pool house currently has 2 toilets and showers in it. The applicants wish to upgrade the current septic connections along with the other septic changes on the property. The crowding variance is required because the pool house was built 9.3' rather the required 10' from the principal structure by code standards. It meets all other code standards, but there is no permit on file for it. Hardcover: The screen porch does increase the amount of hardcover in the 75-250' setback zone. However, at 6,102 s.f.(8.51%) it is still well below the allowed 17,925 s.f. (25%) by code. The guest house also increases the amount of hardcover in the 250-500* setback zone. However, at 16,455 s.f. (16.85%) it is still well below the allowed 29,292 s.f. (30%) by code. The applicants are not proposing to make any changes in the 0-75' or 500-1000' setback zones. Septic issues: The existing system for the residence is sized for a six bedroom residence. The remodeling that is to take place in the residence will bring it from 6 bedrooms down to 4 bedrooms. The guest house is proposed to have 1 bedroom. This will bring the total to 5, which is less than what the existing system is sized for. On-Site System Manager, Matt Bolterman, has reviewed the existing system and the proposed changes and recommends approval in regards to septic concerns on the property. (See Exhibit F). Pertinent Code Sections: 1. Section 10.20, Subd. 3(G)(1): Guest Houses: A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. 2. Section 10.20, Subd. 3(Q): Accessory Building-Plumbing: Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. 3. Section 10.22, Subd. 1 (B):Avcrage Lakeshore Setback: No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. 4. Section 10.03, Subd. 12: Crowding Principal Building: No accessory buildings or structure, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor w ithin ten feet of another accessory structure. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. ■ ^ ------------------------------- A RESOLUTION GRANTING VARIANCES TO SECTION 10.03, SUBDIVISION 12, SECTION 10.22, SUBDIVISION 1(B), GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3(Q) AND SECTION 10.20, SUBDIVISION 3(G) FILE NO. 02-2761 WHEREAS, Addison L. Piper and Cynthia S. Piper, (hereinafter "the applicants") are the owners of the property located at 1125 Spring Hill Road within the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot 2, Section 26, Township 118 North, Range 23 West of the S"* Principal Meridian, lying Northerly of creek and Westerly of the following described line and its Southerly extension: Commencing at the Northwest comer of the Southeast quarter of said Section 26; thence on an assumed bearing of South 1 degree 03 minutes 45 seconds West along the West line of said Southeast quarter a distance of 1168 feet to the point of beginning of the line being described; thence South 45 degrees East a distance of569.03 feet; thence South 54 degrees 35 minutes East to a point of intersection with the East line of the West 619 feet of said Government Lot 2;thence South 1 degree 03 minutes 45 seconds West a distance of 304.38 feet; thence South 11 degrees 30 minutes East to the Southerly line of said Government Lot 2, and there ending. Except that part thereof lying Westerly of the following described and its Southerly extension; Commencing at the Northwest comer of the Southeast quarter of said Section 26, thence on an assumed bearing of South 1 degree 03 minutes 45 seconds West along the West line of said Southeast quarter a distance of 1168 feet tot he point of beginning of the line being described; thence South 45 degrees East a distance of 448.54 feet; thence South 8 degrees 06 minutes West a distance of 610.58 feet; thence South 5 degrees 54 minutes East tot he Southerly line of said Government Lot 2, and there ending, Hennepin County, Minnesota WHEREAS, the applicants have applied to the Cit>' for variances to Municipal Code Sections 10.03, Subdivision 12 to permit the pool house to be located 9.3' from the principal structure where 10' is required; Section 10.22, Subdivision 1(B) to permit construction of a screen porch which encroaches 15' into the average lakeshore setback; a conditional use permit to allow the Page 1 of7 L.. guest house per Section 10.20, Subdivision 3(G); and a conditional use permit to allow plumbing in the accessory building (“pool house ”) per Section 10.20, Subdivision 3(Q). WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 18,2002, at which time all persons desiring to be h"'>rd concerning this application were given the opportunity to speak thereon. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of FINDINGS This application was reviewed as Zoning File #02-2761 . This properly is located in the LR-l A Zoning District, where 2 acre is the minimum lot area. The property consists of approximately 6.6 acres. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The guest house will not exceed the 2 acre per “dwelling unit” density for properties in the LR-l A zoning district. B. The guest house meets all required principal building setbacks. C. The septic system is designed to handle the wastewater for the principal residence, the guest house and the pool house. D. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. E.The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. Page 2 of 7 i I I ^>1 .'iT- I i 5. 6. 7. F.The average lakeshore setback variance is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed screen porch. G. The pool house has existed in its present location since at least 1994. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difilculty; is necessaiy^ to preser\e a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting conditional use permits to allow construction of a guest house and to allow plumbing in an accessory building will not to be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Platming Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Code Sections 10.03, Subdivision 12 to permit the pool house to be located 9.3' from the principal structure where 10' is required; Section 10.22, Subdivision 1(B) to permit construction of a screen porch which encroaches 15' into the average lakeshore setback; a conditional use permit to allow the guest house per Section 10.20, Subdivision 3(G); Page 3 of 7 L —iir • *“ u>-.- • and a conditional use permit to allow plumbing in the accessory building (“pool house ”) per Section 10.20, Subdivision 3(Q). Approval is subject to the followirg conditions: 6. The guest house shall be used and occupied by person who would otherwise use the primary residence on the property, such as domestic help, guests and relatives. The guest house shall not be rented out. The guest house shall be constructed in accordance with the plans submitted by the applicant on file with the City of Orono and shall be developed in accordance with the site plan attached to this resolution as “Exhibit A“. Any amendments to the site plan may require further Planning Commission and City Council review. The property owners agree to the filing of a covenant in the title of the property regarding plumbing in the accessory structure providing the following: A.The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. B.The accessory building will not be used as a dwelling unless a guest house conditional use permit is obtained. C.The accessory' building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Authorities granted by these variances and conditional use permits run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 8,2003). Violation of or non-compliance with any of the terms and conditions of these variances and conditional use permits shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agtees to the terms of this resolution and on behalf of themselves, their heirs, their successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 4 of?J Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 8th day of April, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April, 2002 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of.2002, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and wdio executed the foregoing instrument, and Page 5 of? acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of.2002, before me a Notary Public within and for said County, personally appeared .known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of 7 nn'. at A.' . -r ■ iL/. TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Admimrtrator Wendy Bottenberg Administrator/Planner March 13,2002 SUBJECT:#02-2761 Addison & Cindy Piper 1125 Spring Hill Road Variances/CUP - Public Hearing Zoning District: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) 6.6+ acres List of Exhibits: A Analysis Worksheet Application Survey Project Descriptions House Elevation/Floor Plans Hardcover Worksheets Septic Memo Photos of Property Property Owner ’s List Sample Restrictive Covenant B C D E F G H I J Pertinent Code Sections: 1. Section 10.20, Subd. 3(U)(1): Guest Houses: A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings , including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. 2. Section 10.20, Subd. 3(Q); Accessory Building-Plumbing: Installation of any combination of fi.xtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height. 3. Section 10.22, Subd. 1 (B):Average Lakeshore Setback: No principal or accessory' structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. 4. Section 10.03, Subd. 12: Crowding Principal Building: No accessory buildings or structure, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory structure. #02-2761 Addison & Cindy Piper 1125 Spring Hil) Road Variances 3/13/2002 Page I 1 Application Summary: The applicants purchased the subject property in November 2001. The applicants are requesting variances and conditional use permits to remodel the pool house, construct a guest house, and construct a screen porch to the existing residence. The existing residence was built in the 19S0's. 1. Guest House: Conditional Use Permit: The applicants are requesting a conditional use permit to construct a guest house on the property. The guest hou.<:e would be used as a caretaker’s living quarters, storage and provide 2 additional parking stalls. The guest house will be 24* X 62' and will be located northwest of the existing residence into the side of a hill. (See Exhibit ).The guest house will have a separate septic tank and will be connected by a gravity line to the existing pumping chamber and mound. The guest house meets all setback and lot requirements. 2. Screen porch: Average Lakeshore Setback Variance: The applicants are requesting an average lakeshore setback variance to construct a 13.5 ’ x 25* screen porch on the lakeside of the existing residence. The screen porch addition encroaches into the average lakeshore setback by IS'. 1 he porch will not be visible from the adjacent residences. 3. Pool House: Conditional Use Permit and Crowding Variance; The applicants are requesting a conditional use permit to replace existing plumbing in the detached pool house and a crowding variance because it is located within 10' of the principal structure. The pool house has been on the property since at least 1994 as shown on aerial photographs. Conditional Use Permit is required because the pool house currently has 2 toilets and showers in it. The applicants wish to upgrade the current septic connections along with the other septic changes on the property. The crowding variance is required because the pool house was built 9.3' rather the required 10' from the principal structure by code standards. It meets all other code standards, but th;:re is no permit on file for it. Hardcover Issues: The screen porch does increase the amount of hardcover in the 75*250' setback zone. However, at 6,102 s.f.(8.51%) it is still well below the allowed 17,925 s.f. (25%) by code. The guest house also increases the amount of hardcover in the 250-500' setback zone. However, at 16,455 s.f. (16.85%) it is still well below the allowed 29,292 s.f (30%) by code. The applicants are not proposing to make any changes in the 0-75' or 500-1000’ setback zones. «02-276I Addison & Cindy Piper 1125 Spring Hill Road Variances 3/13/2002 Page 2 Septic Issues: The existing system for the residence is sized for a six bedroom residence. The remodeling that is to take place in the residence will bring it from 6 bedrooms down to 4 bedrooms. The guest house is proposed to have 1 bedroom. This will bring the total to 5, which is less than what the existing system is sized for. On-Site System Manager, Matt Bolternuui, has reviewed the existing system and the proposed changes and recommends approval in regards to septic concerns on the property. (See Exhibit F ). Statement of Hardship: The applicant should be asked for his testimony regarding this issue. Issues for Consideration: 1. There are no permits on record for the pool or pool house. Aerial photographs show that the pool and pool house have been on the property since at least 1994. 2. The residence has existed on the property since 1950's. 3. The screen porch and guest house increase hardcover on the property but hardcover is still well below the allowed amounts by code. 4. Lot coverage by structures is not a concern with this property. It is approximately 6 V^ acres. S. The guest house is propose to be constructed into the hill and will be screened partially by the hill and existing trees behind it. 6. The screen porch is on the lakeside. The adjacent property owners views of the lake will not be negatively affected by the porch. 7. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval for a Conditional Use Permit for guest house and plumbing in an accessory building for property located at 1125 Spring Hill Road based on the structures meet the requirements established by the Municipal Code for a guest house and an “accessory structure with plumbing" CUP subject to the following condition: The property owner files the appropriate restrictive covenants on the property' for a guest house and an accessory building with plumbing. Staff recommends approval for the average lakeshore setback and crowding variances. 1102-2761 Addison tu Cindy Piper 1125 Spring Hill Road Variances/CUP 3/13/2002 Page 3 ANALYSIS WORKSHEET LR-1A Lot Requirements Hardcover Calculations I LR-IA Lot Area Required 2 Acre Actual 6.6 +.acres Distance from Shoreline Total area in Setback Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75"32,280 s.f.Os.f. (0%) 168 s.f. (.52%) 168 s.f. (.52%) 75-250*71.700 s.f.17,925 s.f. (25%) 5,764 s.f. (8.04%) 6,102 s.f. (8.51%) 250-500*97,640 s.f.29,292 s.f. (30%) 14,607 s.f. (14.96%) 15,455 s.f. (16.85%) 500-1000 69,450 s.f.24,307.5s.f. (35%) 3,290 s.f. (4.94%) 3,290s.f. (4.94%) _ I L g D>teR«cd?id AioimtFaM ^Icfi CTTY OF ORONO • GENERAL LAND DSE APPUCATION PROPERTY LOCATION ^ She Address 11*2.^ Type of Acplicstion to be FUed C«^»f» ^ Property Ideatificstion Number (PJD.) Ly|44 /Itysj. 6S35/. ' ■ St APPLICANT aAW <9g|tfq WtUOW 7^SAJAfcL Zip_J O^VNERCif different then i^Ucem) Name____________________ Pturoe 0K»ne). Phone (work) Address City Zip. Date Prooertv Acotiiied I (do) ffopertv / (^on^also own the adjacent paicds ofait paicds of land. (monthtyear) FEES • CONDITIONAL USE PERMTIS - X S 75.00 For each variance request with CUP application _____S17S.00 Residential Accessory Use 5250.00 Institutional (church, school, etc.) 5225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $325.00 ComnuBicial/Industrial Use $250.00 Lend Alteration ____ Grading and filling - derignated wetland or floodplain ____ Grading and filling • SOI cu. yd. or more ____ Grading, seawall, retaining wi^s within 7S' of lakeshote PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Faci Fee • Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacetion _____$200.00 Easement Vacation _____ $100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD • refer to fee schedule) _____ $375.00 Comprehensive Plan Amendment ______$100.00 App^ exher > see Fee Schedule REQUIRED SUBMITTALS 1. 2. 3. 5. 6. 7. 8. 9. Conq>leted Application Fonn. Describe reqaest in detail. Certified Property Owners List of owners within 350’, iaods and plaf mn (yon must obtain tltis lis^ labds and map fimn Hennepin Coun^ DepartmemW Finance. A-603, Oovenunent Center. 348-3271). Certificate of Survey (tigned by a licensed surveyor; - reier to handout tor survey infonnatioiL Attach tegd description to applicition if not included on requited survey. Tqpofirqjhic survey (existing and proposed contours) if land alterations* involve changes in elevation (grades). List of the legal names (indude marital status) of all persons with an interest in the propetqr. This would include naine(s) of applicant(s) If not cuneni owoer(s). Construction plan, if applicable (see staff for requirements). As an addendum to this ^^plicadon. please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:________________________Date APPUCANT'S SIGNATURE The ^pHcant hereby agrees to imvide all uiformation required or requested by the Administrator, agrees to pay ad^tional fees (staff time not covered by original fee paymeatl and/or unusual expenses iocuired in review of this application, and certifies that the supplied is true and correct to the best of hi&/her knowledge. Applicant’s signature Due _3 jJS:^2=s. OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable enny onto the property by CiQr staff, consuliants, agents, commission members, and Cduncil members for purposes of investigation and verification of this request. Owner's signature Date AppUesat must have all subrntaali huo the City ofllces 25 days befixe die Plaimlag (««(«« Flannins Commiasioo Meetiags are held oo (he diird htonday of each monA. Applicaois »"««? be pttseat at all scheduled review meetiap of Ae Plaanins Commis*.ion and Council. If an applicut Is to ^ scheduled meetiag, please mike anugeincntj to bavc an auAoiixed agent attend in your place advlso ttie Bttildias A Zoning Office of Ais change prior to tte meeting. f; ■'“> ■/T ;-.J U' % V • .. .<' H 31]-! • i 1r-^ B1 ^--------m I ifl C A f. A Cl /CAtlT^-ktf- I o I L't t U C •02/20/02 12:00 FAX 001 201 7227 SALA-ARCHITECTS- ADDENDUM TO PROJECT DESCRIPTION The PipOfs as property owners are making an additional request for a variani.e for the construction of a screen porch addition to the eaisting home. Tlie proposed p«ch addition on the lake side of the home falls within the tangeit setback line established by the dwellings on Oe two nei^boring properties. The south wall of the porch will lie in the same plane as the south wall of die existing'house and the porch will be covered by an extension of the existirg roof plane. A number of existing site elements are closer to the lake edge thin the proposed south wall of the porch. These include die existing pool. decs, retmning walls and a stone terrace as well as a portion of the existing livir g room. The visual impact of the porch addition from die lake will be mininuJ. Please refer to accompanying drawings and site plan. R02 • * 1 . J PROIECT DESCRIPTION The Pipers as property owners are making a request for a conditional use permit in order to construct a detached building for use as a caretaker ’s living quarters. In addition to living quarters this building will also encompass two additional garage stalls as well as additional storage for easy access to outdoor equipment and furniture. The building faUs within a footprint of 24 ’ X 62 ’ and contains 1456 square feet of finished and unfinished space. The proposed structure will be constructed with a concrete slab floor with frost footings, poured concrete foundation and wood frame construction. Finished exterior materials will match the existing home on the site. The proposed building is sited north west of the existing home and is berroed into an existing hillside which serves to minimize the visual impact of the new building as the site is entered. Every effort will be made to preserve the existing trees adjacent to the building area. It will not be necessary to remove any trees to construct this additional building. The existing house will be remodeled. Upgrades to the mechanical systems, window replacement, and augmentation of roof and wall insulation will result in greater energy efficiency. Plan changes will be made to accommodate the needs of the Piper’s as new owners of the home. The reconfigured floor plan results in four sleeping rooms instead of the six sleeping rooms in the existing home. A new screen porch is proposed to be added to the south side of the house as indicated on the registered survey. Since we are proposing to berm the new garage/caretaker building into the existing hillside as shown only as a slight amount of re-grading will be necessary to form a swale to direct site drainage around and alongside the proposed structure. Low, dry-laid stone retaining walls will be installed as indicated on the construction plan to allow berming of site against the north and south elevations of the building as well as creating an egress window well at the south end of the building. Roof water from the proposed structure will drop onto turf and the paved entrance of the garage. This water will be flowed to follow the existing grades of the site, sheeting north easterly across the driveway into the wooded area beyond and below the drive. Grade changes will not be necessary for the proposed screen porch additional to the main house. Additional roof water will drop onto the planting beds to the south side of the existing house as the water percolates toward the lake. The proposed detached garage/caretaker building complies with all setback requirements. See the survey for the exact distances of building comers to property lines. The floor elevation of the new building is 990.5’ which is well above the minimal floor elevation of 945.3 ’. The proposed detached building will have its own septic tank and will be connected by a gravity line to the existing pumping chamber and septic mound. The installation of this new septic tank will also provide an opportunity to upgrade ^e current septic connections for the two toilets and showers and the existing detached poolside building. An alternate drainfield area has been located slightly north and west of the existing drainfield area. • » V / • .• •• • j V-■w JL 1 The lesults of the hardcover calculation worksheet show that we are proposing no changes in either the 0|>7S ’ setback zone or the S00*-1000 ‘ setback zone. The proposed 25* x 14’ screen porch addition to the existing main house increases the hardcover in the 75*-250* setback zone by .47% to 8.51% which is weU under thea5% maximum for this zone. The proposed detached garsge/caretaker building wUl increase the hardcover in the 250 ’-500*setback zone by 1.89% to 16.85% which is also well under the mMtimnm of 30% for this zone. ■ tw*3-r»MA. tfc^ . . . ■ • ^n - I ■ rV^ t / ' ............fi-t^iNiu6^: WAlib:...." •.;! - rrrrv' .......*• ••^* * .''/V\.. PF A*“ .•••••^•* •• • •••••^••% • • *•••••»••1^fMI /Wi*. / • ft. ^*V •■.■•••• •*.% • - ^»**-—« ■**■*••✓— ,T~- -* .*. 1/ »,VM \*. • • n MV. M N* M •••••••• •••«••*»•■• o^a #••• • • •• «••••*•■••#'•■•■•••••-<• »■•• -•■•»•■ ............................................... pp.«,•»•.% v~...........................}J ..........V ..................................................................... •“ ii g T , . . ' . . . ., *. -<,.‘p « • n'.t. t »*^ > —»♦ j' V i r a |M|»|miM»^iganiM *1'r$w : •cn M m =3. 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Ltfifci nnwR-OK*^^Ma'UT*>^«lisi ,n.>' -T-r*r»’n ■ .—*• V, —I II If I ■ iTri! T ^nt*iiirifir rr Ml . - . , FROM : GOFFIN & GRQNBSS rtHtM HARDCOVER CALCULATiUM WUKMtftilhK.T * jifeTBACICZOiNE: (CKCLEONC) 7»>250* 350^* Fcli. 12 2002 e2:44m P2 2-/2««e 500-1000' gyimxc IfARPeovEn im roxg A. HoitM. . ____________■ % •L mi*%A<A AF. •w X X X SF. S.F.* S#. B. o«n|t *5J. .. C; Dfivtwayr«.X X S.F. S.F.** 0. SMcwiIk CU999 • X X -*•/ * \ & Patio/Dtek SJ. SJ. 'iv X X S.P. 5.F. « # F. Ijiidtopa ItadcdaLn X X SJ>. SyP(ist*c X ■m ____ S.P. •• V OrFxWc • • • • * '0. 0«cr X m S.P. • . TOTAL HARDCOVER IN ZONE • ' • ■ TOTAL PROPERTY AREA IN ZONE A- _____________ + B JZta^___ xlOO • ^ SJ». . SF. • • . PftOPOSFD RARDCOVER IN ZONE •. A- Kotti#a.S.F. ; *'•*. . UAiet WIddi X • • • •• • S.P. .* • •1 X m S.P.• • • • •X m S.F.:• B.‘ dtfa|8 • • • C. Driveway X S.F. X • S.P. •X m S.F. * *.*i • V-De. $Id€wiik ('.j X • '• ;V SJ. • • •••X-m S.F. • * '' s! .P^a/Dcek X S.F. • •X m S.F.• • • P. Laadscapt • • X S.F. . Uadtriala X m • S.Fi • By Plasde •X m S.F.Or Fabric •• • • ••• cte 0. Other X • l.P. • • total H^giDCOVZR IN ZONE • TOTAL PROPERTY ABBA IN ZONE A ♦ B . X100 •ri^Sfc^K:':Z2IJS^^L* • % A B 1 • • fQ i o i-\ » *31* • j r4fTfi» rr.i = kt» i*^i» I * :• '31' I M •Vi3i:] >7j5T/^ ^£ir: FROM : OFFIN S. GRONBBVi Fm.KU. : 952 473 4435 i*9P^/L _ HARDCOVER CALCULATlOiN WUKlkStjUMbT' ^kTBACKZONE! (CIRCLE ONE) 0-75*' 7f>2S0* 250^00* Feb. 12 2502 62:4£PH EVISTINQ HARDCOVER IN ZONE A. Hmm • •Ltaftfl WIM X X X m • E. Oan|« * I C; Diivtw^f X X D.* SIdewilk • X X • • • • E. Ptdo/Deck X X * P.* Lxndsexp# - UodtrUin • * By Pltitic X X X O. Othtr \TOTAL HARDCOVER IN ZONE TOTAL PRO^^AREA IN ZONE + B 100 •• Proposed hareicover in zone s AfO CMAAtr^r A. Houm _____________ X LffliUl Width X X X *• *• • 0 B. ‘ dinse *■ r'rC. Driveway ••• • • * • •. X X D. Stdewilk X X ‘E. Ptdo/Dcck X X • • • Laodtetpe Udtferida ! ByPtasUs . ■ 'Or.Pabrie X .X X G. Other . TOTAL HARDCOVER IN ZONE total property AR*A in zone A ‘ ___ + » .X100 « . «• V/r Mm w • S.F. S.F. S.P. S.P. • » # I. __S.P. 3Z9£> s.p. ____^ ‘ - 8.F.** SJP. S.F. S.F. S.F. $.F. 11: S.F. S.F. S.P. A B S.F. «* • S.F. $.P. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F« • S.F. •• f !• __S.F. A €r GITYorORONO MMld|wl Offlccf firwt Minin 2750 Kdlcy Paiinny OnMW, MN 55356 PO Bin 66 ciysUi Bay, MN 553234M66 TO; FROM: DATE: Wendy Bottenberg Matt Bolterman, On-Site Systems Manager March 11,2021 SUBJECT: Septic Review for 1125 Spring Hill Rd - CU Permit A new mound septic system was installed in 1997 for this property. The mound and alternative site are sized for a six bedroom home, lac existing house will be going from six bedrooms to four bedrooms and the guest house will be two bedrooms. The total number of bedrooms for the house and guest house will be six, so the current mound and alternative site will be large enough for the proposed plan. All water from pool house, guest house and main house shall go into the septic system. 1 recommend the application be approved in regards to septic concerns for a total of six bedrooms. Wephot052)H» MBO • Fn9S2)MM<li f T ll^S 'Sp ■4^03.' '•w' ••'t S?'*’'' 'c:~ Pr-' • ."' •ri •>Ilf V, ? V ^ 1* / : _‘^- • ** . r • ., \ ::>:s ’v« • : I'j'iv. -••■.•■■■. I.'. r 1196 5pr-mA Hil>^ u 09'^Ib! hv- -r ^ ' -'^56C^-\\S' ^',V- '' •" - ■?•-.*■'■ to-- K^. : •':..Itoisw.-» : • iS.: ' H^“ - v^-.i >• " ** • < & ■■ - •- i^siT--t: ■, . l> • . Y ^ ... .• ^ . * 9 . *:^ ■ "^ > ■^ '''>/* ^ -v-..^ «• * , » ' * M> • * . - • ‘ .'' ■ x' u ■"'r-*'..A.: ^ T /x. ' J j. * Miil V'', ■ :<: ^ TS^iig ), - *■' «. ' '-ft LTii^ : ^ > V'-^.-‘. nVSi..-. '. c 11^5 ' •y^j-’^'i-A /• •v:^. A 1*^ mm 4, ^ *.f ,• ’l . • F »v^ r;*at«-.*2a:;V4* 4 •W 1? .* ‘ •; i i,:*v< . i y .\m '*< ■ ■> WflP'F-nilrLJili^' riS'j' 0MBnb^~» iX'^2 »* /' 1^ .;• ■ l \ j- ' ' > - • ^ ^w..r —.........J <. . t ^ -t V ■ i1. t-f- imi IWv-!r^^ ’*.'• L V,*.- 'k w 11^5 5/J''"'^ ////'' '^■ J2 7/' / ^ • f ,• -' .•'• ‘-S ^> 4 'V : f n- ,.;r. ^Vw ^ y?<-r %'' 4'^• :.'?^:vVv •■'> %''•■■ •'=V.' . s • .' "••.!' »i*f.‘»'iv ^ -^_, :■ L .»?i*;r *^ .* iv • i-Cr.-Cbcic ;. Cl * ‘I. . ”’Vv «,^ ./ ♦ H RUN RATE tZ/U/tZ MTCN ill . MNER NANS TAXfAYER NANE/ADOR 9S ZA-llt-ZS M ••15 •U15 SZRTN AVE N t If t N S EfENCER EOSON If A HARRIET S SfEHCER 1195 SfRlNR HIU RO LOm LAKE HN 55955 NENNErXN COUNTY fROTERTY INfORNATION SYSTEN RROfERTY ONNERS LIST 95 Z5-U5-Z9 9A •••• •1155 SIXTH AVE H J S NACXAY ET At TRUSTEES JOHN S 5 CRAY 0 lUCKAY 1155 SIXTH AVE N L0H6 LAKE NN 55955 REPORT NO. PZ5955R1 PAGE 5 95 Z5-115-Z9 5Z OEOA •••95 ADDRESS UNASSIONED SPRING HILL GOLF CLU5 SPRING HILL GOLF CLU5 ?•• SPRING HILL RD WAYZATA NN 559YI 6hnu HANE TAXfAYER NANC/ADOR 95 Z5-115-ZS 5Z •••5 •••95 ADOREtS UNASSZ6NE0 SPRXIIO NZU GOLF CLUi SfRZNG HILL GOLF CLUi 7E5 SPRING HILL RO WAYZATA NN 55991 95 Z5-115-Z9 59 •••! •••95 ADDRESS UNASSXGNED SPRINO HILL GOLF CLUO SPRING HILL GOLF CLU5 7%% SPRING HILL RO WAYZATA NN 55991 95 Z5-II5-Z9 59 •••5 •IIZ5 SPRING HILL RD A L PIPER i C PIPER ADDISON S CINDY PIPER 1125 SPRING HILL RD LONG LAKE NN 55955 I .PROP AOOR OWNU NANS TAXPAYU NANE/ADOR 95 Z5-115-Z9 59 •••5 •19Z5 * SPIONO HIU RD H 0 i C iROOKS TRUSTEES •ROOKS ASSOCIATES INC* 1559 U S TRUST SLOG TOTAL RATCH 599 ••••7 p • • RESTRICTIVE COVENANT The undersigned, Addison and Cynthia Piper, owners of that certain real property located in the County of Hennepin, State of Minnesota legally described as follows; Legal Description to be added, Hennepin County. Minnesota (the "Property") does hereby expressly covenant and agree that the guest house located on the Property shall not be used as a second permanent residence on the property, will not be offered or used as rental property and will not be used for home occupation purposes. Said guest house may be used and occupied by persons who would otherwise be expected to live in the primary residence on the Property, such as family guests (on a limited and sporadic basis), domestic help and relatives. This restrictive Coven^iiit shall run with the land, shall be binding upon the undersigned owner, his heirs, his successors and assigns, and may be terminated only upon written agreement of the City of Orono. IN WITNESS WHEREOF, the undersigned owner has executed this Restrictive Covenant this ______day of_________, 2002. State of ) County of )ss. ) This instrument was acknowledged before me this Addison Piper and Cynthia Piper. Addison Piper Cynthia Piper day of , 2002 by Notary Public This instrument was drafted by: City of Orono 2750 Kelley Parkway Orono, MN 55356 ^^1 fi aiMilliiifig 'Poot- VfeuiiG- — S CITV OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this day of , ^ j --------------------- -------------- --------------- ■ ■ — 20 __, by Addison Piper and Cynthia Piper (husband and wife), M A r\rrknrh a mn#»cnt5i ITIlinlrSnAl(hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for the installatio.i of limited wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: Legal Description to be added, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9 (F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (F)(3)(B), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9 (F)(3)(B) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, one sink and one shower on the Subject Property is Page 1 of 4 2. 3. 4. approved conditioned upon the execution of this Covrnant by the City and the Applicants. The following conditions shall control the installation and use of the limited wastewater plumbing: The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon .his document. CITY OF ORONO: By:. Its Mayor By:. Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____________.20___.by ________________ , the day of __and and Page 2 of 4 i I Hi I J of the City of Orono on behalf of the municipal corporation. Notary Public APPLICANT(S): By:. By:. ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this .20 .by _____________ day of and as their free act and deed/on behalf of the corporation. (husband and wife/single/a Minnesota Corporation) Notary Public FEE OWNER(S): By:. By:. ACKNOWLEDGEMENT (FEE OWNERS) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____________, 20___, by _______________________ day of and (husband and wife) as their free act and deed. Notary Publit Page 4 of 4 J APR 0 6 2002 C. t OFOHU nu REQUEST FOR COUNCIL ACTION DATE: April 8,2002 ITEM NO.: ^ Departmeni Approval: Niune Gregory A. Gsppa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Service’s Director’s Report Item Description: Agreement for Year 2002 Park Mowing Services In 2000, we solicited quotations for annual park mowing services from several area firms. Shaughnessy Lawn Services of Orono provided the lowest quote for this service. This firm has done an excellent job over the last several years, and we were very satisfied with the service that has been provided. This firm also provides park mowing services for the City of Long I ake. They are interested renewing their agreement for another year with a cost adjustment of $300 to cover increased fuel and labor costs. This is a very reasonable increase, and we are recommending acceptance of the quotation of $14,600 from Shaughnessy Lawn Service for year 2002 park mowing services COUNCIL ACTION REQUESTED: Motion to accept quotation from Shaughnessy Lawn Service, Orono Minnesota for the 2002 season, park mowing services in the amount of $14,600. COMur'ii »«CPT1NG APR 0 8 2002 CITY Uf REQUEST FOR COUNCIL ACTION Date: April 3,2002 Item No.: ^ Dqurtment Approval: Administrator Approval: Name: Michael P. Gaflron^^li^^ Title: Planning Director / Item Description : Reappointment of Plying Commissioners Agenda Section: Planning & Zoning Dan Kluth has completed his first 3-year term as a planning commissioner, and Jeanne Mabusth has completed her 1 -year term which was the remaining year of Jay Nygard ’s term. Jeanne and Dan are both eligible for additional terms. Jeanne has indicated she would like to continue, and while Dan has been on vacation 1 am certain he would also like to be reappointed. I will confirm this prior to Monday’s meeting. Council Action Requested Motion to reappoint Dan Kluth and Jeanne Mabusth to the Planning Commission for 3-year terms (4/1/02 through 3/31/05). REQUEST FOR COUNCIL ACTION Date: April 8.2002 Item No.: ^1 Dcparlmcnl Approval: Name: Michael P. Gaffion Title: Planning Director Administrator Approval:Agenda Section: Planning & Zoning Item Description: Dan Kluth Request to Not Be Reappointed as a Planning Commissioner SUPPLEMENT TO STAFF MEMO OF APRIL 3,2002 The Planning Commission reappointment memo in tonight ’s Council packet indicates staff would confirm prior to the meeting that Dan Kluth is interested in continuing on the Planning Commission. In fact, Dan today indicated he does not want to continue, as the time commitmciit has become a problem for him. He would like to continue as an alternate, however. Dan indicated he will send a letter to this effect to Council and Planning Commission . Dan was appointed to a 3-ycar term on May 24, 1999. Although PC appointments usually begin April I and expire on May 31, Dan was under the impression his term was to continue through the April and May mcciings. He is available for those meetings, and therefore it would be in the City’s best interest to have Dan serve until Council can appoint a replacement, preferably prior to the June PC meeting. At this time the City has two Planning Commission alternates; Cynthia Bremer, who has indicated interest in being a regular PC member, and former commissioner Maureen Bellows, w ho we believe is only interested in continuing as an alternate. Both of the recent Cable Commission applicants indicated a willingness to consider serving on the Planning Commission. There are S candidates on the February 2001 list of PC applicants, including Ronald “Butch ” Zelinsky, Susan Mosely, Rick Windenburg, Ju!e Hannaford, and Bob Albertson. The 1999 list of applicants numbers 4 persons, although that list is now three years old. Council may wish to consider advertising for additional applicants, and/or have staff contact the Feb 2001 and May 1999 applicants to see if they are still interested. COUNCIL ACTION REQUESTED Reappoint Jeanne Mabusth for a 3-year term. Direct staffhow to proceed regarding 1) filling Dan Kluth ’s pending vacancy and 2) appointment of additional alternates. f ‘'■ COiiM^ii ik/iPETlNG APR 0 6 2002 REQUEST FOR COUNCIL ACTION CITY Ur UHUNO DATE: April 5,2002 ITEM NO: / 0 Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Lake Minnetonka Communications Commission Appointment The Council at its March 25 regular meeting interviewed two applicants for the vacant position on the Conunission. The two applicants are Bob Albertson and Keith Erickson. The Council may at this time make the appointment to the Lake Minnetonka Communications Commission. COUNCIL ACTION REQUESTED: Motion to appoint to nil the vacant seat on the Lake Minnetonka Communications Commission for a three-year term expiring on March 31,2005. i*» 4* ' ‘ ■ .-'V' ■\ 'f. li I S' t ! ^ I ii d 1 ■ ^ 1 » ; i ’i , ! riiP-' COUM^'f APR 0 8 2002 CITY Ur UhuiMsj REQUEST FOR COUNCIL ACTION DATE: April 4» 2002 ITEM NO: /( Department Approval: Nane RonMoorse THk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Rqwit Item Description: Payment Requests-Long Lake Fire Station The City has received three invoices related to the joint Are station project. They are as follows: -Laker>Pioneer Newspiqwr: Advertisement for bids - $19.90 -BKV Architects: $14,727.42 -SEH, the civil engineer for the project; This invoice is for the costs related to preparing the preliminary plat of the parcel on which the fire station is to be located. These costs are being funded 50% by the City of Orono, and 50% by the Joint Long Lake/Orono Fire Station Account. COUNCIL ACTION REQUESTED: Motion to approve the requests for payment in the amount of $19.90 to the Laker Pioneer, $14,727.42 to BKV, and $2157.75 to SEH (payment of the SEH invoice to be funded 50% from the Joint Fire Station Fund and 50% from the Orono General Fund), and to amend the General Fund budget to reflect the SEH expenditure. INVOICE 310 M*iftAv»nue Wist P.O.Box 776. Oayto»i».MN 55334-0776 507 237.2924 507.237.5516 FAX aukilKtuu • tnginttriitg • *ncironm*»Ut • iransportatitn Rliill ParMUl Tt: 3535 Vadnili Cinlir Orivi, 200 SEH Ctnitr. St. Paul. MN 55110-5106 FCm: 41-1151261 • 651490.2000 • 800.325.2055 CITY OF ORONO ATTN MIKEGAFFRON POBOX66 ORONO MN 55323 Februaiy 8,2002 Prefect No: AMGLSUO201.35 invoice No: 0083862 PRELIMINARY & FINAL PLAT FART OF SWIM CF SEC G4. T11C. r<23, HiT.NNEP{.'4 COUNTi' CITV Or V.------- PRELIMINARY PLAT AT THIS TIME PraftMlonal Servicte; Januaty 1,2002 through January 31.2002 ProfoMlonal Personnel Hours Rate Amount LEAD TECHNICIAN 1 600 90.00 540.00 SURVEYOR S 7.00 71.00 497.00 SR WORD PROCESSOR III 050 63.50 34.75 FRINCIP.AI .S.Ofi 178.00 890.00 LEAD TECHN'CiAN 2.00 9S.00 196 00 Trials 20.50 2.157.75 Total Labor Billing Limits Cunent Prior ToHlate Total Billings 2,157.75 0.00 2,157.75 2,157.75 Limit Remaining 4.1 1,842.25 ! Total this invoice Short Elliott Hindrlckaon Inc.• Oltieai loeatad throughout tha Uppar Midwaat HE Ai^ jMtpIn, dbya, aaV ocAmw. Equal Opportunity Employar CITY OF LONG LAKE FACtlMILB TBANSMITTAL SHEET Boa Mbooe ftOli: MkhdleRMoae COMFAMYi DATI: 4/1/02 fAXNUMHK:TOTAL Na or fAOaS MCLUDIMC COVER: 2 FHOliENUMEEE:mONVNUiaiE: 952473-9691 FbeSoriioo FAEMUMIIEn 952476-9622 □ URGENT □ FOR REVIEW □ PLEASE COimKNT □ PLEASE REPLY □ PLEASE RECYCLE Narns/coMMRNTS: lfR4 PARK AVENUS LONG LAKt, NN SISS4 ZOO/IOO’E ITSSi 1EV7 ONOl iO U.10 ZZ96 9L9 Zii 200Z.t0‘EeV L o o CMo o m m PM!s 01 IMo >4H Mo CM CM lO CM«no\ fO lO CM o o CM • •• •...••♦ 9IC Serving Wationia »M mdudlng Mound. MrrMiW*. SprtiQ Pprtc. Mmw«. Op»». Long La»w. Mipto Plain. Md adfoining oommunUM P.O. Bo« B2.2365 Coflnmaree Blvd.. Mound. MN 55364 (952) 472-4140 Faic (952) 472-0616 InvoicaNo: 9S2 Data:3/16/02 Sold to: city of Long Lalce P.O. Box 606 Long Lake* MN 55356 AoKMMNumber ib53 Special Imliucdons Meeting notices bid consideration • • I • % COL. (NON nATS $7.96 NUMieaoF stcMes 2 1/2 AMOUNT oue $19.90 rfBinrfyfiib CITY OF LONG LAKE FACSIMILE TtANSMlTTAL SHEET TOi Ron (9SXi 249"^l6 FROM: MkbeDeEMotse RoiiKidcfSsn4M.30H COMPANY:OATEi 4/3/02 FAX MUiaEt:TOTAI. NO. OP PAOM INCUIOINC COVNIL 3 rHONBHUiaUi PIlONt NUMtIUt: 952473-9691 lA RieStatktt PAX MUknRX:i 952476-9622 □ URGENT □ FOR RF.VIBW □ PLEASE COMMENT □ PLUASU REPLY □ PLEASE RECYCLE MOm/COMMSKTS: l»<4 rAKX AVINUI I.ONfi LaKI. MN ISSSt €Oo/ioo*a ets$#UVl 9N01 10 uzo tZ9i 9Lf SS6 20*11 2002.€0‘«<V BKV C R O U ? Archi<Kt«<rd iMAfior Ociign Eng'mMring Kr««* Ve««I G/e«p Inc ^22 Norlh Saeand Streai Min«Mp«lii, MN 5540 Vtfimk 6rL3»37Sl FocsMki 60339.6212 www.bkvflrowp.com COE Invoice Invoice Nuinberl9818 Invoice Due: Mucb 25.2002 Citv of Iwons Lake P.O. Box 606 Lone Lake. MN SS3S6 Adention: bfichelle Morse Project' ISIS.OI Ciiy ofLoiisLake Professional Services throoeb 3/25/02 BUliac Creep: Contract #: 002 Fire Statioo Fee: Ambulance Service Altaniate: TOTAL FEE: $222,600 $ 2,500 $225,100 Contract Amount: Percent Complete: Fro Earned: Prior Fee Billinp: Cunem Fee Total: Reimbursables EspSDIfi Bond Paper by S.F. Copy Paper 81/2x11 Delivery Service Document Printing Express Mail Services Fax Long Diu TelephOM Chrgs Mileage/Travel Posuge . Reimbunables Totals $225,100.00 80.00% SI80.080.00 $168,825.00 $11055.00 Charge 62.25 318.30 311J5 2,367.36 149.19 lOOiO 4.84 78J2 79.91 $3.47142 C00/Z00*d CISSf aXVT OHOl iO uxo ZZ96 911 896 80<ll 8008.e0‘B4V / €oo/coo ‘4 nssi Project: IStS.Ol MareblS. 2002 Pafe 2 0(2 ♦♦♦ Invoice Totri $14,72742 Outstanding A/R: Balance Due: 41,637.28 $56364.70 BUyagSaeBOMcy Edflt Tota ProfiKsioMl Service!S10J87.50 S16S345.00 S176J32JC S3472.42 S9.177.89 S12.6S0J1 Omide Services:$667 JO 12380.00 S3J47J( Other Services tnd Fees:SOOO SO.OO S0.M Finance Charles:S0.00 S0.00 S0.0( Taxes:SO.OO $0.00 Total:S14.72742 $178,002.89 Aged Receivable: Ale^Qava 9lTi2tt.Pna tVciaODav 56J64.70 SOM SO.OO saoo sooo UVI ONOl iO jUIO ZZ9i 94,1 ZS6 C0*9l 2002<€0*«4V I J i APR 0 8 2002 011» or UHUnO REQUEST FOR COUNCIL ACTION DATE: ApriI4,2002 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Park Commission Projects and Funding At the March 25 joint work session with the Park Commission, several projects were discussed as well as the need to prov ide a higher level of funding, fhe three main projects discussed were as follows: 1 . Hackberry Park play equipment replacement 2. Layout of a potential satellite fire station and an ice rink on the Larson/Sohns property in Navarre 3. Survey of the property comers of one-third of the City's lake access lanes There was discussion regarding the use of the Community Investment Fund as a funding source for park projects. I have attached a copy of the C.-^mmunity Investment Fund ordinance which describes the purpose of the fund and how the fund is to ae used. The fund is to be an endowment-type fund such that over the long term the principal amount in the fund is to be preserved and increased, and 90% of the interest earned in the fund is to be available for priority projects that do not have alternative funding sources. To this point, the Council has used the fund as the source of loans to other funds to be repaid with interest. The outstanding loans are as follows: 1 . Water Fund - $475,000 to be repaid over 1 5 years at 5.5% interest 2. Park Fund - $120,000 to be repaid over 3 years at 5.5% interest 3. Joint Fire Station Account - $680,000 to be repaid over 10 years at 5.5% interest The balance in the Community Investment Fund as of December 31, 2001 was $1,220,000. The annual interest earned on the fund balance in 2001 was $ 109,820. The annual interest earned on the outstanding loans in 2001 was $22,210. Although the combined interest earned on the fund balance and on the outstanding loans is appro.ximately $130,000, this interest is committed to the payment of the debt service on the city facilities HRA bonds. This commitment runs through 2007. At that time, assuming the principal amount in the Fund has been preserved, and preferably increased, there would be a substantial amount of interest earnings available for special projects, which could include park projects. In the meantime, staffs recommendation is that the Council take a conservative approach to the use of the Community Investment Fund. f Request for Council Action continued Page 2 April 5,2002 _________________ As indicated above, the Park Commission has proposed a number of projects they would like to complete in 2002. The Park Conunission has also suggested the Council consider the Community Investment Fund as a funding source for park projects. Staff needs the Council to clarify whether the proposed park projects are to move forward in 2002, and if so, what the funding source(s) will be. COUNCIL ACTION REQUESTED: Motion to provide direction to staff regarding park projects to be completed in 2002, and funding sources for the projects. i1 > , ORDINANCE NO. 196 . SECOND SERIES AN ORDINANCE AMENDING THE ORONO CITY CODE TO ESTABLISH A COMMUNITY INVESTMENT FUND THE CITY OF ORONO, MINNESOTA DOES ORDAIN: SECTION 1. The following language is hereby added to the Orono City Code as Section 2.8 - Community Investment Fund. SEC. 2.8. COMMUNITY INVESTMENT FUND. Subd. 1. Fund Created. There is hereby created a separate fund to be designated as the CommuniQr Investment Fund. This fund shall be maintained in the official city records ar,d administered by the Treasurer in accordance with the provisions of this section. All money^in the Building Outlay Fund shall be transferred to the Community Investment Fund. In addition, the following shall be deposited in this fund: Investment Fund, and A. Investment earnings generated by the moneys in the Community B. Any other moneys appropriated by the Council or donated for the purposes of the fund. The principal of the fund shall consist of all transfers from the Building Outlay Fund and other moneys appropriated or donated to the fund. In addition, the principal shall be increased annually by an amount equal to ten percent of the investment earnings generated by the fund in the previous year. The remaining investment earnings shall not accrue to the principal and shall forever be treated as investment earnings available for expenditure in accordance with this section. Subd. 2. Purpose of Fund. This fund shall be used solely to pay the capital costs of projects of general benefit to the City of Orono. Subd 3. Expenditure Limitations. A. Expenditures from the fund shall be made only from ?ccumulated investment earnings whenever possible. B. Expenditures may be made from principal, but may not exceed an amount greater than the equivalent of the fund’s investment earnings for the prior two consecutive years. If expenditures from principal are made, either they must be structured as a loan to repay the principal, or no further expenditures of any kind may be made from the fund until investment Page 1 of3 earnings have reestablished the principal at an amount equal to that existing before the expenditures plus ten percent of the investment earnings that would have been earned per year if the principal had not been reduced. Subd. 4. Funding Preference. Expenditures from the fund for competing projects shall be granted in the following order of preference: A. First Priority: Prior to the retirement of the bonds used to fund the 1992 City facilities project, the first priority will be funding $130,000 of the debt service on the City facilities bonds. B. Second Priority: Projects which can be funded within the amount of the available investment earnings. C. Third Priority: Projects using expenditures from principal funds which have the capacity to repay the principal amount borrowed. D. Fourth Priority: Projects usmg expenditures from principal funds which have no other reasonable funding source, are non-revenue producing, require significant funding, and will provide otherwise unattainable conununity benefit. Subd. 5. Funding Procedure. Expenditures from the fund, other than those related to the debt service on the 1992 City facilities project, listed as the first funding priority above, may be made only after compliance with the following procedure: A. The project to be funded must have been included for at least two years in the city's formally-adopted capital improvement program. B. The City Council must hold a public hearing on whether the proposed project should be funded. Notice specifying the date, time and place of the hearing, the project to be funded, and the amount of funding must be pid)lished at least ten days before the hearing in the city's official newspaper. C. The City Council must make the following findings which shall be incorporated into an adopted resolution: 1. The project has sufficient community-wide benefit as determined by a review of its intended users, the degree to which it addresses a community-wide need or problem, and its consistency with other city goals, programs or policies. 2. The project to be funded could not occur but for the use of the Community Investment Fund. 3. The Community Investment Fund is not replacing the funding from another previously programmed or available source. Page 2 of3 L -k-l./l s. . i«.w........................... A. -. • • 4. The project has been included in at least two consecutive formally- approved capital improvement programs. 5. If principal is used, the project has the ability to reasonably repay the funds, and use of the principal does not exceed the equivalent of the last two years* investment earnings from the Community Investment Fund. 6. An estimate of the ongoing annual operating and maintenance costs has been made and the source(s) for paying such costs identified. D. If any of the findings in Paragraph C cannot be made and the project meets the expenditure limitations imposed in Subd. 3, expendituix? may be made from the fimd only after the affirmative vote of at least four Council members. Subd. 6. Administrative Expenditures. The limitations imposed in the sections above shall not ^ply to reasonable expenses necessary for the administration of the Community Investment Fund. Subd. 7. Amendments. No amendments may be made to Section 8 except upon the affirmative vote of at least four members of the Council. SECTION 2. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective upon publication. Adopted by the City Council of the City of Orono on the 27ih day of March, 2000, by a vote of_ayes and 0 nays. ATTEST: LitKla S. Vee, City Clerk Gabrlbl Jabbour, Mayors TO BE PUBLISHED IN THE LAKER AND PIONEER NEWSPAPERS THE WEEK OF APRIL 1, 2000. Page 3 of 3 I II ^ •meeting Arrt U 6 2002 • oF OHONU REQUEST FOR COUNCIL ACTION DATE: April 4,2002 ITEM NO: Department Approval:Adminbtrator Reviewed:Agenda Section: Name RonMoorse City Administrator's Titk City Administrator __Sh____Report Item Description: Scheduling of Council Worksession The Mound Fire Chief and City Manager would like to meet with the Council in a worksession to present information regarding their plans for a new fire station, and to discuss both the fire station and fire serv ice provision with the Council. The presentation takes about 30 minutes. It may work well to schedule a worksession for 5:30 p.m. on Monday April 22. COUNCIL ACTION REQUESTED: Motion to schedule a worksession to meet with the Mound Fire Chief and City Manager. ii ' * fu i ! I I ...... MgETlHO m 0 d. 2002 1^111 w<“ OHONO REQUEST FOR COUNCIL ACTION Date: 04/05/02 Itfcm No: ! ^ Department Approval:Administrator Reviewed:Agenda Section: Name: Tide: Stephany Good Chief of Police (by:kre) City Administrators Report Item Description: Fleet addition - Police Dept. Exhibits: None DISCUSSION The police department through DWI forfeiture has obtained a vehicle that would be useful in investigations. The vehicle is an older model sedan type vehicle. The police department would like to start using the vehicle as soon as possible. COUNCIL ACTION REQUESTED Authorize the use of this vehicle by the police department for police investigative purposes. xi>ipps^Mpwifl6(A\ipdoc^\su^^€Ouacila^ ■m J ,1 • •• «i•''.H MEET WO xrR 0 S 2002 w.. rOFOHONU REQUEST FOR COUNCIL ACTION DATE: April 4,2002 ITEM NO: /S Department Approval: Naaic RonMoorse TiUc City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Fire Service Agreement With Long Lake Both the Settlement Agreement and Contract for Joint Ownership related to the joint fire station project with Long Lake anticipate a twenty year fire service agreement that sets out the relationship between the Cities of Orono and Long Lake in regards to the provision of fire service. I have attached a draft twenty year Fire Service Agreement for the Council’s review and comment. Please review the agreement for discussion at the Council meeting. If you have questions or concerns, feel fiee to call me on Monday. The purpose of this item is not to request final Council action, but rather to identify any concerns or questions. COUNCIL ACTION REQUESTED: No action required. AGREEMENT AND CONTRACT FOR FIRE PROTECTION THIS AGREEMENT AND CONTRACT made and entered into this day of April, 2002 by and between the City of Long Lake a municipal corporation of the County of Heimepin and State of Minnesota (hereinafter referred to as Long Lake), the City of Orono, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as the Contracting City), and the City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as the Contracting City), and witnesseth: WHEREAS, the City of Long Lake has the facilities and equipment and is willing and able to provide fire protection ser\ ice to the Contracting City, and WHEREAS, the Contracting City does desire to have fire protection service furnished by the City of Long Lake Fire Department. NOW, THEREFORE in consideration of the covenants herein contained the parties hereto agree as follows: 1.Definitions A.The term Contracting City or the Contracting Cities means any city which is a party to this Agreement or similar Agreement which by its terms is interrelated with this Agreement for the purposes of sharing the costs and the ser\'ices of fire protection provided by the Long Lake Fire Department. The Contracting Cities are Orono. Medina and Long Lake. B.City Fire Service Area is the area within a Contracting City receiving fire protection from the Long Lake Fire Department. (City Fire Service areas are shown in Appendi.x A. attached.) The Total Fire Ser\ ice Area is the sum of all City Fire Ser\ ice Areas. 2.Ser\’ices to be Rendered During the term of this agreement Long Lake shall furnish all the fire fighting ser\ ices, rescue/medical rescue serv ices, and related fire protection services to the Contracting Cities for the Total Fire Service Area outlined in red on the attached map marked Exhibit A hereinafter referred to as "'Hie Total Fire Service Area.” All of said Total Fire Service Area is located within the corporate limits of the Contracting Cities. 3.Level of Service Long Lake through its fire department shall endeavor to provide the services listed in paragraph 2 above, including but not limited to, protecting and saving life and property from destruction by fire in the City Fire Service Area of each Contracting City to the A 5. 7. same extent as it does within the City Fire Service Area of Long Lake. In the event of two fire calls received within the same time frame, the call first received shall have priority and the second call shall be answered as soon as possible. Long Lake will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. 4. Command Responsibility Subject to the terms of this agreement, the Fire Chief of Long Lake or the Chief s designee shall have the sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or fire emergency have the sole and exclusive responsibility and authority to direct and control any and all fire fighting and the emergency operations at such scene or scenes. Volunteer Fire Fighters of the City of Long Lake Personnel assigned to provide fire protection ser\ ices in the Contracting Cities shall be volunteer firefighters of the City of Long Lake, which City shall assume all obligations with regard to Worker's Compensation, Firemen's Relief Association, withholding tax, insurance, etc. for such volunteei firefighters, if any. The cost of such obligations shall be a part of the costs attributed to the operation of the Long Lake Fire Department and will be included in the Annual Fire Services Budget Package, Nature of Long Lake Undertaking In no event shall this agreement be construed to fix upon Long Lake any responsibility or liability to the Contracting Cities or to third parties which are greater or different in kind than the responsibilities and liabilities borne by the Contracting Cities if they were providing such ser\ ices through their own fire departments. Liability Insurance Long Lake shall carr> liability insurance in the amount of $1,800,000.00 protecting itself and the other Contracting Cities against damage claims of its fire fighters for personal injury sustained while in ser\ ice within the said limits of the Contracting Cities as hereto set forth. And further. Long Lake shall carry liability insurance in the amount of $1,800,000.00 saving the contracting cities harmless so far as acts of the City of Long Lake, its fire department and its fire fighters are concerned. The cost of such insurance shall be a part of the costs attributed to the operation of the Long Lake Fire Department and will be included in the Annual Operating Budget. Nothing in this contract shall be L 9. construed as waiving the statutory liability limits of any city, which is a party to this contract. 8. Long Lake Operational Responsibility The City of Long Lake shall be responsible for managing the operation of the Long Lake Fire Department, and for managing the on-going operation and maintenance of the Long Lake fire station. Long Lake shall charge an annual Administrative Fee for these services. The Administrative Fee of $17,200 for 2002, includes Long Lake's administrative overhead expenses. The Administrative Fees may be adjusted from year to year through the Annual Fire Services Operating Budget review and approval process. The cost sharing formula for the payment of the Administrative Fee is outlined in Sections 19.2 and 19.3 of this Agreement. Budget Package The Long Lake Fire Department’s annual operating expenditures will be controlled through an Annual Fire Serv’ices Operating Budget. \Vlien the Annual Fire Services Operating Budget is approved, the expenditures may not exceed the level set in the Budget without the approval of all parties to the contract. If, during the 20-year term of the agreement, a Contracting City chooses not to approve a proposed Annual Fire Services Operating Budget, the Annual Fire Service Operating Budget increase will be limited to the average annual General Fund Budget increase of the Contracting Cities, until a new Annual Fire Ser\ ices Operating Budget is approved by all Contracting Cities. 9.1 Definitions A.The Annual Fire Ser\ iccs Operating Budget refers to the calendar year operating budget of the Long Lake Fire Department. This budget will become the official Annual Fire Ser\ ices Operating Budget upon ratification by the Contracting Cities. The Annual Fire Ser\ ices Operating Budget incorporates ail costs of operations including, but not limited to, the costs of the on-going operation and maintenance of the fire station. The Annual Fire Ser\ ices Operating Budget incorporates all costs of departmental operations including, but not limited to, the costs of the on-going operation and maintenance of the fire station. Long Lake's Administrative Fee as defined in Section 8 of this Agreement, and annual contributions to the Long Lake Volunteer Fire Relief Association Retirement Fund. B.The Annual Fire Services Capital Budget refers to the calendar year capital budget of the Long Lake Fire Department. The Annual Fire Services Capital Budget includes Major Equipment items and major repairs/rehabilitation of the Fire Station. i 9.2 Budget Process By August 15 of each year during which this agreement remains in effect, the City of Long Lake will provide an Annual Fire Services Operating Budget and an Annual Fire Services Capital Budget covering the costs related to the provision of fire protection for the next year. The budgets presented to the Contracting cities must have been presented to the Joint Advisory Committee prior to August 1 for discussion and review. Although it is expected that the Annual Fire Services Operating and Capital Budgets which arc provided to the Contracting Cities by the City of Long Lake will have the consensus support of the Joint Advisory Committee, that is not a requirement since each Contracting City has the opportunity for final ratification or rejection. 10. Termofthis Agreement This Agreement covers the period January 1.2002 through December 31,2020. A contract year covers the period January 1 through December 31 of a calendar year. This Agreement will become effective upon ratification by the Contracting Cities. The term of this agreement will be extended for a period of five years unless this Agreement is terminated as provided in Section 20 of the Agreement. 11. Capital Expenditures Capital expenditures include major equipment and major maintenance, repair, or rehabilitation to the fire station. Major equipment is defined as “roiling stock" or similar major equipment assets required for performing the fire department mission in the Fire Protection Area. To qualify as major equipment, such assets must have an initial purchase value of at least $10,000. To qualify as major maintenance, repair, or rehabilitation, the cost must be at least $10,000. The City of Long Lake and the Long Lake Fire Department shall prepare a 15-year major equipment replacement plan, and a IS-year plan for major maintenance, repair, or rehabilitation items related to the fire station. These 15-year plans will be the basis for the preparation of an annual capital budget. Neither the approval nor lack of disapproval of the 15-year plans by the Contract Cities creates any obligation for final approval or funding of any specific capital e.xpenditure. Final approval of capital expenditures occurs as part of the Annual Fire Ser\ ices Capital Budget approval process. Capital expenditures must be approved by a minimum of two cities and the combined funding shares of the two cities must be greater than 60%. Once this level of approval is obtained, all Contract Cities are obligated to fund their share of the expenditures. The final approval of capital expenditures occurs as part of the Annual Fire Services Capital Budget approval process. When a city approves the Annual Fire Services Capital a*.*: Budget, the city is also agreeing to pay its share of the cost of capital expenditures included in the Annual Fire Services Capital Budget up to the budgeted amount, for the items budgeted. Each Contracting City agrees to maintain its own fund for capital expenditures. When a capital expenditure is to be made, the following process for sharing the ftmding will be used; A. B C. Long Lake will have the option of funding any percentage of the total, which is equal to or greater than the average of its last three City Budget Percentages including the current calendar year. Orono will have the option of funding the remaining amount. If Medina does not wish to fund the total of the remaining amount, it must fund at least the average of its last three City Budget Percentages including the current calendar year and may fund more if it chooses. Medina will f\md the balance remaining to be funded after Long Lake and Orono have specified their funding amounts. ILL Disposition of Major Equipment Upon Termination In the event that this Agreement is terminated as provided in section 20 of this Agreement, Long Lake will have the right to purchase each Contracting City's ownership share of each Major Equipment item for cash at the original amount funded by that city. In the event that Long Lake waives its right to acquire full title to a particular Major Equipment item, the Contracting City with the largest ownership share of that item shall have the right to acquire full title to the item by paying the amount funded by each of the other Contracting Cities. If that City declines to acquire full title, the remaining Contracting City may acquire title on the same terms. In the event that no Contracting City wishes to acquire full title to a particular Major Equipment item, it shall be sold and the proceeds of the sale divided between the Contracting Cities pro-rata to their original funding. All Major Equipment items funded during the term of the contract, including extensions, will be covered by this terminating procedure. The dissolution language applies to all equipment purchased, and fund balances accrued, since January 1 of 1993. This language is not intended to address any claim cities may have regarding equipment purchased prior to January 1,1993. No contracting cit>' shall have the right to transfer or encumber any major equipment. Purchased after January 1,1993. 1 12. Emergency Expenditures When there is a need for emergency major equipment repair or emergency building repair, or other emergency need that will have a substantial negative impact on the operational capabilities and/or safety of the firefighters or of the fire station if not immediately addressed, the emergency expenditures may be authorized by the Long Lake City Administrator and the Long Lake Fire Chief, or their designees. If these costs exceed the approved budget amounts, the Long Lake City Administrator and/or the Fire Chief will, within thirty days of the expenditures, notify the Contracting Cities of the expenditure, including an explanation of the emergency need. Emergency expenditures will be shared according to the cost sharing formula set out in this contract. Any reimbursement of the emergency expenditures through insurance, emergency/disaster assistance funding, or other sources will be credited to the Contract Cities in the same manner as the costs were shared. 13. Annual Audit of Actual Costs The Contracting City understands and agrees that it is impossible to project with complete accuracy the actual costs of labor and equipment as well as the ser\ ice to be required by each Contracting City for the forthcoming contract year and thereby hereby agrees to a yearly audit to adjust the prior year’s estimated cost of service as set forth above to the actual costs incurred by the City of Long Lake. On or before April 30th of each year the City of Long Lake will tabulate the actual cost of the lire department budget for the prior contract year and will submit to the Contracting Cities a summaiy nf the actual costs. The actual costs set forth for the prior contract year may result in either a surplus or deficit with respect to that year’s Annual Operating Budget. Any surplus shall be refunded to the contract cities in the same ratio as the cost allocation formula. Any deficit shall be funded by the contract cities in the same ratio as the cost allocation formula. It is expected that expenditures will remain within the Annual Operating Budget amounts and will only exceed such budget amounts in the case of an emergency expenditure as provided in Section 12 or when mutually agreed to by the Contracting Cities as provided in Section 14 of this Agreement. 14. Unforecasted Expenditures Notwithstanding any of the above, the Contracting Cities shall have the right to be heard regarding any proposed expenditures which are not identified in the Annual Operating Budget and which exceed $5,000. Notice of such proposed, non-budgeted expenditures shall be given in writing to the Contracting Cities prior to actual expenditures for such items and the Contracting cities shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost thereof shall be included in the Annual Operating Budget as if ratified originally. i 15. Contract Payments The City Budget Share (See Section 16.2) of each Contracting City shall be paid in equal quarterly installments on January 1, April I, July I and October 1 of the next contract year by the Contracting City to the City of Long Lake. Long Lake agrees to provide each Contracting City with reasonably detailed information relating to the actual expenditures against the Annual Operating Budget at its request and on a quarterly basis and agrees to make its records available to the Contracting City for inspection for the purpose of determining the basis for the allocation of costs to fire protection. 16. Arbitration If a Contracting City is aggrieved by the determination of the City of Long Lake as to the allocation of the actual costs of the prior year's service, the Contracting City may appeal said determination within 30 days after receipt of the City of Long Lake's audit. Said appeal shall be in writing and shall be addressed to the City of Long Lake asking for arbitration by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the City of Long Lake, one to be appointed by the appealing Contracting City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to the other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 1 5 days after receipt of written notice of appointment of either of the first two arbitrator ’s, the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either the Contracting Cities or the appealing Contracting City, the third arbitrator to the Board. The third arbitrator selected shall not be a resident of either Contracting City, and shall be a city manager or administrator. The arbitrator ’s expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration act. Chapter 572 of the Minnesota Statutes, and any decision shall be rendered uithin 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both parties. 17. Special Fire Funds In order to facilitate the accounting and reporting of all fire funds associated with the Armual Operating Budget, a Fire Operating Fund will be maintained by the City of Long Lake. No Major Equipment Fund will be maintained by the City of Long Lake on behalf of the Contracting Cities as a part of this agreement since under the provisions of Section 11 each Contracting City agrees to maintain an Equipment Fund on its own. 18. Fire Services Joint Advisory Committee Each Contracting City may appoint two volunteer members to a Fire Ser\’ jes Joint Advisory Committee and the name of such appointees shall be furnished to Long Lake. The Fire Services Joint Advisory Co nmittee shall meet periodically to discuss and make reconunendations regarding concerns or problems identified regarding the provision of fire service, and to periodically review’ budget updates. The Fire Services Joint Advisoiy’ Committee shall have the specific task of reviewing the Fire Department's operating and capital budget proposals for the next calendar year and arriving at a consensus Annual Fire Services Operating Budget and Annual Fire Services Capital Budget by August 15 of each calendar year. 19. Cost Sharing Formula Each of the Contracting Cities receiving fire service from the Long Lake Fire Department shall pay a share of the costs of the Annual Fire Services Operating and Capital Budgets. The City's Budget Share will be based upon a formula, which takes into account the Market Value of the protected property and the fire department staff resources utilized to protect the property. The objective is to fairly allocate "insurance" type costs and "effort and variable" type costs. The Contracting Cities have agreed that 70% of the share allocation will be based upon Market Value and 30% upon fire department hours expended on calls to the City Fire Service Area. 19.1 Definitions: A.City Fire Service Area is the area within a Contracting City provided fire protection under this contract. The City Fire Service Area for each Contracting City is shown in Appendix A (attached). B.City Fire Service Area Market Value is the assessed market value of the property in the City Fire Service Area and is based upon the assessed market value for the year immediately preceding the budget year. The source of the assessed market value data shall be the Hennepin County Assessor's Office. C.Total Service Area Market Value is the sum of the City Fire Service Area Market Values of all contracting cities. D.City Market Percent is the percentage computed by dividing the City Fire Service Area Market Value by the Total Service Area Market Value and multiplying by 100. E.City Cali Hours is the total number of fire fighter hours expended in responding to calls in the City Fire Service Area as recorded by The Long 8 1 i V : ! i Lake Fire Department during the preceding three year period measured from January I through December 31. F. Total Call Hours is the total number of fire fighter hours expended in responding to calls in all contracting cities during the previous three-year period measured from January I through December 31. G. Call Percent is the percentage computed by dividing the City Call Hours by the Total Call Hours and multiplying by 100. H. City Budget Percentage is the percentage derived from the sum of the City Market Percent multiplied by 0.7 and the City Call Percent multiplied by 0.3. 19.2 Budget Share Computation: City Budget Share is the City Budget Percentage multiplied by the Annual Fire Services Operating Budget and the resulting product divided by 100. 19.3 Formulae for Calculations A. City Market Percent ® (B x 100) / (C) percent Where B = City Fire Ser\'ice Area Market Value C = Total Fire Service Area Market Value B. Call Percent = (E x 100) / (F) percent Where E = City Call Hours F = Total Call Hours C. City Budget Percentage = [(City Market Percent x 0.70) + (Call Percent x 0.30)1 D. City Budget Share = (City Budget Percentage /100) x(Annual Operating Budget less Major Equipment expenditures) E. The City Budget Share of capital expenditures is determined under the provision of Section 11. 20. Termination of this Agreement This Agreement shall be terminable only as follows: 1. For “Good Cause" by any city that desires to terminate its participation in the Agreement provided that such termination is preceded by a minimum of 36- months notice. “Good Cause” shall mean, but is not limited to, a pattern of inadequate service quality; including inadequate response to call, inadequate training, and inadequate handling of calls; and/or a pattern of budget overruns. 2.For breach of contract; 3. By mutual agreement of all cities covered by the agreement. 4.City of Medina may terminate its participation in this Agreement without cause, subject to providing a twenty-four month notice of termination. 21. Provision to adjust City Fire Service Area During the period of this agreement a Contracting City may request that its City Fire Service Area be reduced or increased in size. Such a request must be made prior to July 1 of the Contract Year to allow time for preparing the Annual Fire Services Budget In the event that a Contracting City proposes an increase to its City Fire Service Area, the City of Long Lake in consultation with the Long Lake Fire Department shall have the right to limit the increase to assure that coverage at the service level provided under this agreement can be achieved by the Fire Department. The service area shall not be increased to the extent that it requires the purchase of additional equipment unless all parties to the contract agree. In the event that a Contracting City wishes to decrease and/or alter the location of its City Fire Service Area it may do so by specifying those changes in writing by July I of the year prior to the contract year with respect to which such change is to be effective. . 4^%^. . A. • HV/ni RTiMi JITTirv 1 APRO6 2002 yilYUrOHUNO REQUEST FOR COUNCIL ACTION DATE: ApriI4,2002 ITEM NO: 1^ Department Approval: Naaw Lin Vee . J TItk City Clerk j)A' Administrator Reviewed: Vi Agenda Section: Licenses Item Description: List of Licenses for Council Approval There are no licenses. CITY OF ORONO 04A)4A}2 1:03 PM Page 1 APR U e 2002 ’Check Detail Registei®/7 APRIL 2002 01 1 V L/r UHUNU Check Amt Invoice Comment 10100 PrimmyCeeh Paid ChMP 07M75 3/11/02 CITY OF v::To^r G10M9090 Suspense Account Total CITY OF ORONO ($91.29) 3/11/02 Void Check 73075 ($91.29) Paid Chk# 073236 47502 ADT SECURITY SYSTEMS E 613^9030-403 Repairs/Maint-Misc. Equip E 613-49630-403 Repairs/Maint-Misc. Equip Total ADT SECURITY SYSTEMS $629 95 $401.90 06106026 $428 05 06106026 2002 Security Service 2002 Security Service Paid Chki 073237 4/8A)2 ALL STAR ELECTRIC E 101.43000.408 Contracted Street Main! E 60M940C405 Repairs/Maint.Watermains/plant Total ALL STAR ELECTRIC $67.65 3/20/02 $259.87 3/20/02 $327.52 Traffic Light Rewire Valve - Nvr Wtr Paid Chki 073238 4/8/02 AMEM E 101.42110433 Memtwrships & Subscriptions Total AMEM $100.00 Good $100 00 2002 AMEM Mbrship • Good Paid Chki 073239 4/6A)2 ASLET E 101-42110-433 Memberships 6 Subscnptions Total ASLET $45 00 TomchecK $4500 2002 Asiet Mbrship-Tomcheck Paid Chki 073240 4/8/02 AT S T WIRELESS SERVICES E 601-49400-321 Telephone $7.49 3419397 Cell Phones E 101-41900-321 Telephone $23 90 3419397 Cell Phones E 602-49450-321 Telephone $7.48 3419397 Cell Phones Total AT S T WIRELESS SERVICES $M87 Paid Chk« 073241 4/8/02 BIFFS INC. E 101-45200-415 Other Equipment Rentals $70 26 W154087 Portable - Bederwood Park Total BIFFS INC.$7026 PaidChk* 073242 4/8/02 BONESTROO ROSENE S ASSOC. E 602-49452-304 Engineering-Consulting $1.563 74 085573 Ferndale LS close out E 651-49910-304 Engineering-Consulting $1.682 50 085574 Highwood storm swr E 602-49450-304 Engineering-Consulting $146 83 086236 Heritage Dr Swr/Feb02 E 101-43170-304 Engineenng-Consulting $207.50 65572 bundle data for download E 651-49910-304 Engineering-Consulting $3,293.17 85572 slomrtwtr mgt plan E 101-43260-304 Engineering-Consulting $983 56 65572 applications Jan 2002 E 101-43170-304 Engineering-Consulting $292 00 85572 St Map update E 101-43170-304 Engineering-Consulting $208 00 85572 Review-OCB Rd Repair E 101-43170-304 Engineering-Consulting $92 00 85572 KeHy Ave Drainage Review E 101-43170-304 Engineering-Consulting $119 20 85572 Drainage T Martin Prop E 101-43170-304 Engineering-Consulting $10920 85572 2795 Pheasant Grading Plan E 101-43170-303 Engineering-Retainer $100 00 85572 council mtg Jan02 E 602-49450-304 Engineering-Consulting $92 00 85572 Review LS Control submittal E 101-43170-304 E ngineering-Consulting $166.00 86235 Prep data for ArcView E 101-43280-304 Engineering-Consulting $1,677.73 86235 applications Feb 2002 E 651-49910-304 Engineering-Consulting $1,572.28 86235 Storm wtr Mgt Plan E 101-43170-303 Engineering-Retainer $100 00 86235 Council mtgs Feb 2002 E 602-49450-304 Engineering-Consuffing $275 00 86235 Draft swr bas maps E 602-49450-304 Engineering*Consulting $138 00 86235 Review LS 16-17-19 control pan E 601-49400-304 Engineering-Consulting $90 00 66235 Draft letr base maps Total BONESTROO ROSENE S ASSOC.$12,906.71 CITY OF ORONO *Check Detail Register® 04AMAU103PM Rage 2 APRIL 2002 Chech Amt Invoice Comment mf 073244 4mm2 E 101-42110-221 Equipment Parts A Accessories Total CARDIAC SCIENCE JTTWL 052697 $77.84 Electrodes Paid Chk« 073245 4/8A)2 CARGILL SALT E 601-49400-216 Chemicals and Chem Products Total CARGILL SALT $2,172.47 22936403 Solar Saft $2.172 47 Paid Chk# 07324^ 4/8/02 CARLSON TRACTOR S EQUIP CO. E 101-43000-221 Equipment Parts & Accessories $53.19 2005769 Total CARLSON TRACTOR S EQUIP CO. $53 19 Prop Assembly #430 4/8/02 CEAMPaid ChK# 073247 E 101-43000-433 Memberships & Subscnptions Total CEAM $50 00 040802 Renew/membership-GG $50 00 CITYOF MINNETONKA BEACHPaid Chk# 073248 4/8/02 E 602-49450-387 Intergovernmental Services ToUl CITY OF MINNETONKA BEACH $96 00 032902 Swr bill/2090 Shoreline $96 00 Paid Chk# 073249 478J62 CITY OF ORONO PETTY CASH G 101-19999 Suspense Account $9L29 3/11A)2 Total CITY OF ORONO PETTY CASH $91 29 Petty Cash Retmoursement 4/8A)2 CITY OF PLYMOUTHPaid Chk# 073250 E 101-42110-437 Training A Development Total CITY OF PLYMOUTH W50 00 1200200607 $350 00 Incident training-Dembouski 4/a'02 DCA - WIRE ONLYPaid Chk# 073251 G 101-21719 DCA/Spending Accounts ToUl DCA-WIRE ONLY $967 51 040202 spending acct 4/2/02 $96751 Paid Chk# 073252 4/8/02 E-2 RECYCLING E 101-43270-316 Contract Recycling Pickup ToUl E-Z RECYCLING $6.31764 3535 Recycling 3/2002 $6.317 64 Paid Chk# 073253 47a02 EGAN-MCKAY ELECTRICAL CONTRCTR E 101-43000-408 Contracted Street Maint $447 83 JC3006796 E 101-43000-408 Contracted Street Mamt $222 50 JC3006808 ToUl EGAN-MCKAY ELECTRICAL CONTRCTR $670 33 Overhead signal 12A6 Stop l!te/Hwy12A6th PaidChk* 073254 4/8/02 ERICKSON. KURT E 101-42* 10-208 Books & Periodicals ToUl ERICKSON. KURT $63 69 040102 $63 69 reimburse book manuals Paid Chk# 073255 4/8/02 FARNIOK* CORREY E 101-42110-331 Travel Expenses ToUl FARNIOK. CORREY $36 31 032302 $36 31 lA Invest school/meals Pax) Chk# 073256 4/8AI2 FBINAA E 101-42110-433 Memberships & Subscnptions Tout FBINAA $60 00 Good $60 00 2002 FBINAA Mbrship-Good Paid Chk# 073257 4/&02 FORTIS BENEFITS G 101-21712 Other Deductions Tout FORTIS BENEFITS $1.078 97 4019825-1 $1,078.97 LTD Insurance - 4/2002 CITY OF ORONO *Check Detail Register® 04A)4A)2 1:03 PM Page 3 APRIL 2002 Ctiecli Amt Involc# CommentvsmsFRANKUN COVEY E 101.421 1CM37 Training & Development $25176 70498035 Time Mgmt Seminar-Bobzein Total FRANKUNCOVEY $251.76 Paid Chkf 0732S9 4/8/02 0 ft K SERVICES E 101-41900-404 Repairs/Maint-Bldgs/Grounds $49 34 132406 Mat Service - CH E 101-41900-404 Repairs/Maint-Bldgs/Grounds $49 34 132408 Mat Service - CC E 101-42110-404 Repairs/Maint-Bldgs/Grounds $10705 160466 Mat Service - PD E 101-43000-221 Equipment Parts & Accessories $139 98 167489 shop towels E 613-49830-226 Clothing & personal equipment $7.72 167490 uniforms-RS E 101-43000-226 Clothing & personal equipment $14.06 167491 uniforms Total GAKSERV1CES $367.51 PaidChk# 073260 4tt/02 GOVERNMENT TRAINING SERVICE E 101-42400-437 Training A Development $125.00 Gafffon Adv Zoning Applications-Gaffro Total GOVERNMENT TRAINING SERVICE $125 00 Paid ChM 073261 4/8/02 GRAFIX SHOPPE E 101-42110-550 Automotive Equipment $313 00 23524 Graphics-Sqd 194 Total GRAFIX SHOPPE $31300 Paid Chk* 073262 4/8/02 HARTMANS ft HALLET E 101-42110-319 Other Professional Services $145 00 1559 PD/Legal mterpeter Total HARTMANS A HALLET $14500 Paid Chki 073263 4IU02 HENNEPIN COUNTY TREASURER4SEN E 101-41600-309 Jail Charges $127 00 452 Room A Board - Feb 2002 ToUl HENNEPIN COUNTY TREASURER-GEN $127 bo Paid Chk# 073264 4/8/02 HINSHAW ft CULBERTSON E 101-43280-307 Legal-Consulting $1.948 48 10215010 applic Jan 2002 E 101-41600-307 Legal-Consulting $77 00 10215011 School Dist Land use E 101-41600-307 Legal-Consulting $155 00 10215011 Kingsbridge/Lurton land E 101-41600-307 Legal-Consulting $870.00 10215011 PCS Towers Policy E 101-41600-307 Legal-Consulting $583.00 10215011 Purch agree OR/IL E 101-41600-307 Legal-Consulting $187.00 10215011 OR/LL Fire Archet. Contract E 101-41600-307 Legal-Consultmg $88.00 10215011 Hollander Matter E 101-41600-307 Legal-Consulting ($37.66) 10215011 Utility Easement E 101-41600-307 Legal-Consulting $50.00 10215012 Graham Mylar E 101-41600-307 Legal-Consulting $110 00 10215013 LL/OR Fire Architect Cent E 101-43280-307 Legal-Consulting $655 94 10220369 applications Feb 2002 E 101-41600-307 Legal-Consulting $18488 10220370 Status review E 101-41600-307 Legal-Consulting $490 00 10220370 Hollander Matter E 101-41600-307 Legal-Consulting $33 00 10220370 KingsBridge Deed/Title E 101-41600-305 Legal-Retainer $1.100 00 10220371 Counctl Mtgs/Feb 02 E 101-41600-307 Legal-Consulting $209.00 10220372 LUOR Fire Station Agree ToUl HINSHAW ft CULBERTSON $6.70364 ^aid Chk# 073266 4/8X)2 IIMC E 101.41300-433 Memberships & Subscriptions $65.00 10156 2002 IIMC Mbfshk)-Dodge E 101-41300-433 Memberships A Subscriptions $95 00 4492 2002 IIMC Mbrship-Vee Total IIMC $160.00 iki 073267 4/8A)2 \HTL ASSN OF CHIEFS OF POLICE E 101-42110^3 Memberships & Subscriptions $100.00 1591923 2002 lACP Membership-Good - CITY OF ORONO Check Detail Register® 04A)4A)2 1:03 PM Page4 APRIL 2002 Check Amt Invoice Comment Total INTL ASSN OF CHIEFS Of POLICE $100 00 Paid ChW 073268 4W02 KENNETH N. POTTS. PA E 231-4S6S0-307 Legal-Consulting E231-4S6S0-307 Legal-Consulting E101-41600-306 Legal-Prosecution Total KENNETH N. POTTS, PA $70 00 032102 $70.00 032102 $2,391.66 April 01,2002 $2,531.66 Fofeiture-66 Pontiac Foreiture-78 Ford Van prosecution for March02 Paid Chk# 073269 4/8/02 KNOR/LEDOE TRANSFER E 101-42110-437 Training & Development Total KNOWLEDGE TRANSFER $167 00 7840 $167.00 Training Seminar Paid Chk* 073270 4/8A)2 LAKE MTKA CONSERVATION INST. E 101-41110-433 Memberships & Subscriptions $10,331.14 2002 Levy Total LAKE MTKA CONSERVATION OIST. $ i 0^331.14 2nd Qtr2002 LMCD Levy Paid Chk# 073271 4/8/02 UBBY, DENNIS G 602-11501 Accounts Receivable-w/S Total UBBY. DENNIS $226 03 3210 NSD $226 03 Overpayment • Final Bill PaidChki 073272 4/8A)2 LOGIS E 101-41900-311 Data Processing Communication E 101-41900-329 Other Communications E 101-42110-329 Other Communications E 101-42110-310 LOGIS-Applications E 101-41900-401 Repairs/Maint-Office Equip E 101-42110-401 Repairs/Maint-Office Equip E 227-45500-570 Office Equip and Furnishings Tout LOGIS $30 00 21663 $183 00 21663 $183.00 21663 $1.635 00 21663 $210.00 21724 $210 00 21724 $1,273.75 21724 $3.72475 Henn Cty Connection Internet 2/02 Internet 2/02 Police Records 2/02 Network Maint Network Maint Server/Switch Installation Paid Chk# 073273 4/8/02 MAGIC CLEANERS E 101-42110-221 Equipment Parts & Accetsones ToUl MAGIC CLEANERS $2633 10459 $26 33 Blanket Cleaning Paid Chk# 073274 4/8/02 MALEFI E 101-42110-433 Memberships A Subscriptions ToUl MALEFI $20 00 Tomcheck $20 00 2002 MALEFI Mbrship-Tomcheck Paid Chk# 073275 4/8/02 MCCOLUSTER S CO E 101-43000-212 Molo' Fuels & LubricaniB Tout MCCOLUSTER SCO $378 98 276773 $378 98 Trans Fluid/Otl Paid Chk# 073276 4/8/02 MCGOVERN. PATRICK G 602-11501 Accounts Receivable-w/s Tout MCGOVERN, PATRICK $14 62 APRIL 1 $14.62 Refund-overpayment Paid Chk# 073277 4/8/02 MCLEOD USA - PHONI E 601-49400-321 Telephone E 602-49450-321 Telephone E 602-49450-321 Telephone E60M9400-321 Telephone E 101-42110-321 Telephone E 101-41900-321 Telephone Total MCLEOD USA-PHONEBILLS $28.89 $59 83 $67 39 $67 82 $25993 $606 51 2387803 2387803 2387803 2387803 2387803 2387803 phone 3/02 phone 3/02 phone 3/02 phone 3/02 phone 3/02 phone 3/02 $1.090 37 PakJ Chk# 073278 4/8/02 MEMA TREASURER j CITY OF ORONO *Check Detail Register® 04/04/02 1 03 PM Pages APRIL 2002 Chacli Amt Invoice Comment E 101-42110-433 Memberships A Subscriptions Total MEMA TREASURER $30.00 $30.00 Good 2002 Membership-Good Paid Chk* 073279 4/9102 MIDWEST FUELS E 101.43000-212 Motor Fuels & Lubricants G 101-14101 Gasoline Inventory Total MIDWEST FUELS $91954 $2.14697 $3,066.51 88725 88725 977 3 Gals Diesel 1673.4 Gals Unleaded Paid Chk« 073280 4/8A)2 MINNEAPOLIS OXYOEN COMPANY E 101-42110-221 Equipment Parts A Accessories $50.26 713688 ToUl MINNEAPOLIS OXYGEN COMPANY Medical Oxygen $50 26 Paid Chk« 073281 4/8A)2 MN CHIEF OF POLICE ASSN E 101-42110-433 Memberships A Subscriptions Total MN CHIEF OF POLICE ASSN $1^ 00 2002 MCPA Membership-Good MN/SCIA^id Chk# 073282 4/8A)2 E 101-42110-433 Memberships A Subscriptions ToUl MN/SCIA $^00 $50 00 Good 2002 Membership - Good Paid Chki 073283 4/8X)2 NEOPOST E 101-41900-201 Office supplies Tout NEOPOST $175 1^9 $175.19 10472990 Postage labels Paid Chk# 073284 4/8A)2 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone Total NEXTEL COMMUNICATIONS $657 28 $657 20 031902 POLICE CELL PHONES Paid Chk» 073285 4/8/02 NORTHERN E 602-49450-240Small Tools and Minor Equip ToUl NORTHERN $136 23 6000684 $13623 Paint Supplies - Trucks Paid Chk* 073286 4/8/02 OFFICE DEPOT E 101-43290400 Special Proiects, Contingency $238 56 154658006 Binders • Comp Plan E 101-42110-201 Office supplies $150 67 154658006 Office Supplies E 101-41900-201 Office supplies $184 14 154658006 Office Supplies ToUl OFFICE DEPOT $57337 Paid Chk# 073287 4/8/02 OLD REPUBLIC • DEF LOAN E 233-45670-489 Other Miscellaneous Charges $35,000 00 Oef Loan ToUl OLD REPUBLIC • DEF LOAN $35,000 00 Kirkvold - 3733 Livingston Paid Chk# 073288 4/8A)2 ONE STOP AUTO SERVICE E 101 -42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101 -42110-402 Repairs/Maint-Auto Equip ToUl ONE STOP AUTO SERVICE $1000 $36 58 $17013 $976 16 $37 59 $154 84 $26032 10276 10309 10310 10330 10366 10374 10307 Replace Tire #183 Oil change #192 Oil. Coolant #189 Brakes. Strtr.Oil#177 Oil Change #190 Repair Shift Lock #189 Oil Change. Beamg #183 $1.645 62 Paid Chk# 073289 4/8A)2 PIONEER E 101-42400-340 General Advertising E 101-42400-340 General Advertising Total PIOf^ER $72.19 100 $83.58 101 Landuseapp Public hearing notioa $155.77 ---I anaifi I III! CITY OF ORONO Check Detail RegistertS) 04A)4A)2 1:03 PM Pages APRIL 2002 Che^Amt Invoice Comment 4/8A)2 PRECI8IOM BUSINESS SYSlSS E 101-41900^01 Repairs/Maint-OfTice Equip $148 00 72585 E 101-42110401 Repairs/Maint-Offioe Equip ToUl PRECISION BUSINESS SYSTEMS $185 00 72585 2002 Main! Contel - Dictation 2002 Maint Contct - DicUUon $333 00 Paid Chk« 073291 4®02 PROTECTION ONE E 101 -41900-489 Other Miscellaneous Charges Total PROTECTION ONE $179.00 12677951 Qurterly Alarm Service $179 00 Paid ChW 073292 4/8/02 PUBLIC CMPLOVEES RETIREMENT E 101-42110-121 PERA $1000 15930 Total PUBUC EMPLOYEES RETIREMENT $10 00 PERA Late Fee Paid ChM 073293 4W02 QWEST E 101-42110-321 Telephone E 101-41900-321 Telephone $260 44 9522494600 $607 68 9522494600 Phone Service - CH Phone Service - CH Total QWEST $86812 ?SdChi3n575594 4«7 o2 reliant energy E 101-41900-381 Gas & Electric E 802-49450-381 Gas&Electnc E 101-42110-381 Gas & Electnc E 101-41900-381 Gas & Electnc E 601-49400-381 Gas & Electric Total RELIANT ENERGY $1.71942 $36 30 $297 60 $36372 $661.85 $3.078789 • rj I •;1750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 060006750600 Gas Service 6750600 Gas ServiceI I • RELIANT ENERGY-GCPaid Chki 073295 4/8«)2 E 613-49830-381 Gas&Electnc Total RELIANT ENERGY-GC $18U)4 539004161700 Gas Service - Golf Course $181.04 Paid Chk# 073296 4/8/02 SEH E 101-43290-510 Land Total SEH $1.078 88 $1.07888 0083862 Plat Fire Station Lot Paid Chk# 073297 4/8rt)2 STREICHERS E 101-42110-402 Repairs/Maint-Auto Equip $841.98278709.1 Equip Instal i188 E 101-43000-221Equipment Parts & Accessories $24.95 279858 1 Rechargable Battery E 101-42110-402Repairs/Maint-Auto Equip ($319 45) 280046.1 Credit - Siren Switch E 101-42110-226Clothing & personal equipment $231.20 280047.1 Belt. Boots-Wittke E 101-42110-226Clothing & personal equipment $205.33 2800601 Holster. Mag HIdrs E 101-42110-226Clothing & personal equipment $79.952812122 Pants - Fischenich E 101-42110-226Clothing & personal equipment $249952812123 Boots • Fiscrienich E 101-42110-226Clothing & personal equipment $263 60 281992 1 Equipment E 101-42110-226Clothing & personal equipment $157.51 282811 1 Holster. Mag HIdr-Ftscher Total STREICHERS $1.735 02 THE HOME DEPOTPaid Chk« 073298 4/8/02 E 101-41900-404 Repairs/Malnt-BWgs/Grounds TottI THE HOME DEPOT $33 95 2/25AI2 Furnace FiKers $33.95 UMBE^.OAVIOPaid ChkP 073299 4/8/02 E 101.43290-510 Land Total UMBEHOCKER, OAVIO Paid ChMI 073300 4/8/02 VERIzbU E 101-41900-321 Telephone $3.000 00 3/15A92 Junk Ranwval - 3770 Shoreline $3,000.00 LESS $360.17 041302 cellphones CITY OF ORONO 04AM«21;03PM Peg* 7 *Check Detail Register® APRIL 2002 Cheek Amt Invoice Comment E 101-41900-321 Telephone Total VERIZON WRELES8 $144.88 10034589141 Cel Phones $505 05 Paid Chk# 073301 E 101-419G 4}m VMT HEAT1NO A AIR 04 Repain/Maint-SIdQO/Orounds $144.00 517032 PW Fumaoe Repair Paid 6hki 07ia6i Total VOOTNEATINOAAIR WESt LAKk 8ALCi $144.00 4/8/02 E 101-42110-240 Small Tools and Minor Equip E 101-42110-240 Small Tools and Minor Equip E 101-42110-240 Smal Tools and Minor Equip Total WEST LAKE SALES $159.10 2254 $207.35 2254 $32950 2254 2 Bookcases 5 Draner Vertical RIe 5 Oranof Lateral File PaidChki 073303 $695.95 WESTE^ HENN CO PIONEER ASSOC E 101-43290-800 Special Projects. Contingency Total WESTERN HENN CO PIONEER ASSOC $180.00 040302 12 HISTORY BOOKS $180.00 PMC^ mi64 4ISS2 WRIGHT HENNEPIN ELECTRIC E 101-43000-381 Gas & Electric $24.00 3113009200 Electficai Servioa E 602-49490-381 Gas 6 Electric $27.37 3113009200 Eiectiical Senrioa Total WRIGHT HENNEPIN ELECTRIC $51.37 Paid Chk# 073305 4/8/02 XCEL ENERGY E 601-49400-381 Gas 6 Electric E 101-42110-381 Gas 6 Electric E 101-45200-381 Gas & Electric E 101-43000-231 Gas & Electric E 613-49830-381 Gas & Electric E 101-42110-381 Gas S Electric E 101-41900-381 Gas & Electric E 101-43000-386 Street Lighting E 602-49450-381 Gas & Electric Total XCEL ENERGY $2,942.96 $9.42 $29.56 $147.65 $185.17 $488.52 $1,181.12 $1,295.10 $1.488 88 APRIL APRIL APRIL APRIL APRIL APRIL APRIL april APRIL electric service electric service electric service electric service electric service electric service electric service St lighting-3/2002 electric service $7.768 40 10100 Primary Cash $114.650 95 1 ii n ■SI 1 r d CITY OF ORONO Payment* Cumnt Ptftod: APfUL 2002 BtfchNOTW PY040302B Paymtflts UsarDoDarAfnl Computar Dollar Amt 149.742.55 $49,742.55 Raf^r 1 aJY COUNTY CREDIT UNION Cash Paymant G 101*21711 Cradit Union Invoica Transaction Data 4ty02 Dua7/12AX) PrimaiyCath $0.00 In Balanca SAVINGS W/H & TRANSFERRED 10100 Raftr 0 FIRST NATIONAL BANK OF LAKES Cash Paymant G101-21703 FICA Tax Withholding Invoica Cash Paymant G 101*21703 FICA Tax Withholding Invoioa Cash Paymant G 101-21701 Fadaral Withholding Invoioa Transaction Data 4/3/02 Dua 7/12/00 Primary Cash FICA & MEDICARE W/H FICA & MEDCR CITY SHARE FEDERAL W/H 10100 Raftr 0 ICMAREVREMENT TRUST -457 DEFERRED COMPCash Paymant G 101*21705 Other Ratiramant Invoice Transaction Data 4/3/02 Dua 7/12/00 Primary Cash 10100 Raftr 0 LAW ENFORCMENT LABOR SERVI UNION DUESCash Paymant G101 *21707 Union Dues Invoice Transaction Data 4/3/02 Dua 7/12/00 Primary Cash 10100 Refer 0 MN DEPT OF REVENUE STATE TAX W/HCash Paymant G 101*21702 State Withholding Invoice Transaction Data 4/3/02 Dua 7/12/00 Primary Cash 10100 Refer 0 ORCHARD TRUST CO TRUSTEE^: Cash Paymant G 101-21705 Other Retirement Invoioa Transaction Data 4/3/02 Dua 7/12/00 Primary Cash MN STATE RETIREMENT 10100 Refer 0 PEBSCO/OBRA Cash Payment G 101*21705 Other Retirement Invoice Transaction Data 4/3/02 Dua 7/12/00 Primary Cash OBRA DEFERRED COMP 10100 Rafir 0 PEBSCOAJSCONF OF MAYORS USCM* ENTITY 2339Cash Payment G 101*21705 Other Retirement Invoice Transaction Data 4/3/02 Due 7/12/00 Primary Cash 10100 Refdr 0 PUBUC EMPLOYEES RETIREMEN Cash Payment G 101-21704 PERA Invoice Cash Paymant G 101*21704 PERA Invoice Transaction Dale 4/3/02 PERA EMPLOYEE W/H PERA CITY SHARE Dua 7/12/00 Primary Cash 10100 Total Total Total Total Total Total Toul Total ToM 04A)3A)2 7:33 AM Page 1 $10.535 00 $10.535 00 $4,306 82 $4.306 82 $9,569 69 $18.203 33 $300 00 $300 00 $0 00 $0 00 $3.964 51 $3.96451 $2.189 68 $2.189 68 $0 00 $0 00 $2,367.00 $2.367 00 $5.21859 $6,729.82 $11.948 41 CITY OF ORONO Payments 04mn27:33AM Pagt2 CufTint PMod: Aran. 2002 0 uNrmmv Cath Paymtfil 0101-21706 UnIM Way Invoioa Tranaaotfon Date 4/3/02 Dua 7/12/00 PrimaiyCaah CHARITY DONATIONS 10100 $50 00 Total $50.00 0 WISCONSINSCTF CashPaymant 0101-21712 OthacDaducOona JOHNSON • 0002756696 Involoa TranaacOon Dala AfZIQZ Dua7/12A)0 Primary Cash 10100 $164 62 Total $184.62 Fund Summary 101 GENERAL FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORMWATER UTILITY OP FUND 10100 Primary Cash $49,742.55 $0.00 $0.00 $0.00 $0.00 $49,742.55 Pra-Wrillan Chadta $0.00 Chacha to ba Ganaratad by tha Computa $49,742.55 Total $49,742.55 CITYOFORONO chtck register 04/03^ 7:04 AM Page 1 Check Number Employee Name 050963 050964 050965 050966 050967 050968 050969 050970 050971 050972 050973 050974 050975 050976 050977 050978 050979 050980 050981 050982 050983 050984 050985 050986 050987 050988 050989 050990 050991 050992 050993 050994 050995 050996 050997 050998 050999 051000 051001 051002 051003 051004 051005 051006 051007 051008 051009 051010 051011 051012 051013 051014 DOCXsE. RACHEL M JOHNSON. MARYANN LESKINEN. DENISE M MOORSE. RONALD J VEE. UNDAS. KUEHN. THOMAS M OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L. BOBZIEN. SUE A BORIS. SCOTT W. BUDIQ. STACIE M. CARLSON. MICHAELS. CORNICK. JAMES L DEMBOUSKI. JAY C ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH.DANT. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. HENDRICKS. RONALD J JOHNSON. BRADLEY P. JOHNSON. JEFFREY MADSON. ADRIENNE M. MCNALLY. STEVEN A. MCNICHOLS. DAVID L MOROWCZYNSKl. JAMES PERSEU. WILLIAM R. SCHOENHOFF. JOHN B. TOMCHECK. LAWRENCE F. TOMCZYK. MARKW WITTKE. ANTHONY A. ARNESON. JOSHUA A. LEE. JOSEPH P. BOLTERMAN. MATTHEW A. BOTTENBERO. WENDY C. DAVIS. MARC L. QAFFRON. MICHAEL P. GAPPA. GREGORY A. MEYER. WlUIAMC. OMAN. LYLE E. WEINBERGER. PAUL E. BRINKHAUS. JOHN F. DEBAERE. DONALD L GREGORY. JAMES D HANSEN. STEVEN OBERAIGNER. SCOTT G. OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN. BARRY J. SKREEN. DALE S. STEFFENHAGEN. RONALD Pay Period 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 Check Check Amount Dale Check Statue $99369 4/3/02 OutstarK^ $66579 4nA)2 Outitanding $791 74 4/3/02 Outstanding $1880 4/3/02 Outstanding $1,351.11 4/3/02 Outstanding $992.31 4/3/02 Outstanding $7889 4/3/02 Outstanding $411 58 4/3/02 Outstanding $473 23 4/3/02 Outstanding $74583 4/3/02 Outstanding $1.085 25 4/3/02 Outstanding $77925 4/3/02 Outstanding $178.69 4/3/02 Outstanding $1,609.44 4/3/02 Outstanding $1.52831 4/3/02 OuUtandIng $1.60379 4/3/02 Outstanding $1.828 84 4/3/02 Outstanding $1,426 11 4/3/02 Outstanding $231.02 4/3/02 Outstanding $2.040 04 4/3/02 Outstanding $64892 4/3/02 Outstanding $1,467.10 4/3/02 Outstanding $1.149 64 4/3/02 Outstanding $55228 4/3/02 Outstanding $1.398 28 4/3/02 Outstanding $60281 4/3/02 Outstanding $1.695 93 4/3/02 Outstanding $755 36 4/3/02 Outstanding $1.495 65 4/3/02 Outstanding $289 90 4/3/02 Outstanding $1,403 11 4/3/02 Outstanding $1,246 16 4/3/02 Outstanding $67394 4/3/02 Outstanding $26688 4/3/02 Outstanding $1.095 40 4/3/02 Outstanding $1.122 84 4^A)2 OutsUnding $90475 4/3/02 Outstanding $1.35301 4/3/02 Outstanding $1,771 33 4/3/02 Outstanding $598 12 4/3/02 Outstanding $153.98 4/3/02 Outstanding $1,446.73 4/3/02 Outstanding $1,319.70 4/J/02 Outstanding $1.004 23 $80877 4/3/02 Outstanding 4/3A)2 Outstanding $1.204 95 4/3/02 Outstanding $670.11 4/3/02 Outstanding $1,226.33 4/3A)2 Outstanding $815.06 4/3A)2 OutsUnding $1,052.79 4/3/02 OutsUndktg $1.062 58 4/3/02 OutsUnding $1,349.62 4/3/02 Outatandaig » ^ CITY OF ORONO clwck ragitter 0M)3n27:04AM P*0«2 0 6 200^ information ITEMS COUNCIL MEETING OF ^/M iM^H APS 0 8 2002 Ollt wr WMONO aMM : ) i\ •t ; ' . 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