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06-24-2002 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 24,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend 2 4 2QQ2APPROVAL OF MINUTES * 2. Regular Council Meeting of June 10,2002 PRESENTATION 3. The Legacy Foundation PARK COMMISSION COMMENTS - Pat Wolfe, Representative PLANNING COMMISSION COMMENTS - Jan Berg, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #02-2780 Often Brothers Nursery, 2380 West Wayzata Boulevard - PUD Amendment - Resolution 5. #02-2788 Brad and Carol Pass, 250 North Shore Drive West - Preliminaiy Plat - Resolution * 6. #02-2792 Paul T. and Kay K. Studebaker, 250 Ruann Road - Variance - Resolution * 7. #02-2794 Chris and Gail Bollis, 200 Stubbs Bay Road - Variance - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 8. Old Crystal Bay Road Pavement Rehabilitation Project 9. City Participation in Stormwater Permit Guide Plan CITY ADMINISTRATOR'S REPORT 10. Long Lake Fire Station Change Order No. 1 and Sewer Fund Budget Adjustment 11. Pay Requests - Long Lake Fire Station 12. Payment for Replacement of Well on the Ed Miller Property 13. Contract for Squad Car Repair 14. Schedule Work Session CITY ATTORNEY’S REPORT T ■ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 24,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA IS. LICENSES Garbage Hauler Home Occupation Special Events * 16. BILLS UPCOMING ISSUES AND EVENTS 2002 06/24 - Council Meeting, 7:00 p.m. 07/01 07/04 07/05 07/08 07/15 07/22 Park Meeting, 7:15 p.m. HOLIDAY, Thwsday, Observance of Independence Day HOLIDAY, Friday, Observance of Independence Day Council Meeting, 7:00 p.m. Planning Conunission, 6:30 p.m. Council Meeting, 7:00 p.m. n ■ ! ‘ i k A ri A W'. j u. " -'A ^ .A Public A ttendance Meeting Date CouNca □ Planning C ommission □ Park C ommission □ Other Please ntLOUTTHE information requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER y 6.. 7.. 8. 9. 10. 11.. 12.. 13.. 14. 15.. Xi\Oau\Ateliitalrail«« SmpgunMfmwm * OtdlVFORMSWDUC^TT Poi JUN 2 4 2002 ClIY UnUNO REQUEST FOR COUNCIL ACTION DATE: June 19,2002 ITEM NO: 3 Dcpartaicnt Approval: Nine Lin Vee TUIc City Clerk Admiabtrator Reviewed:Agenda Section: City Administrator's Report Item Dcecription: The Legacy Foundation Two board members of the Legacy Foundation will attend the June 24 Council meeting to provide information regarding the vision and mission of the foundation, and to answer any questions the Council may have. Attached is a letter and information from The Legacy Foundation. COUNCIL ACTION REQUESTED: THE LEGACY Givinjc Tint Luke MinnifionlcM Art.*ai Tk U^aiy Fomkim BACKGROUND The history of the Lake Minnetonka area is one of small communities that jjrew and were engulfed by the Twin Cities metropolitan area. There are multiple political boundaries, many of which are overlapping and very specific in nature. The result is tlut there is no natural constituency for the area's assets in total. We believe the time has come for an organization to look at the big picture, promote bold ideas and help guide them to completion. The Legacy Foundation was formed as a means to help accomplish this objective. VISION By 2010 create a genuine Lake Minnetonka community where ItKal jurisdictions and residents routinely work together to develoj>, re*develop and improve the Lake area's assets. MISSION Adopt significant lake area projects that enhance its livability by providing the leadership, vision and ability to marshal the diverse resources available. In addition, coordinate the necessary inter-jurisdictional approvals and supiHirt that are necessary for successful completion of each endeavor. A LEGACY FOUNDATION ENDEAVOR We have created a cliallenge for the Foundation. One that is for the benefit of every person in every community that makes up the immediate Lake Minnetonka Area, lhat challenge, is to make sure that every endeavor we create, is consistent with the heritage of this wonderful area, will further the preservation of the assets the area has to offer, will, in some way, benefit every resident and visitor the area embraces and in every way be aesthetically pleasing, environmentally correct, an unequivocal improvement to the area and be done within a carefully managed budget. THE EGACY Givififf *n» TImt Lalui Minn»tanka Atm -i»> T H E «► LEGACY CUvingt *n» TIm UiIm Minnetonka Atm Concact The Legacy Foundation: TEL: W52) 401-1260 FAX; <952) 474-0751 WEB SITE: www.lhel»||jqrfouraUiion.ne< 19765 HIGHWAY SEVEN. SHOREWCXX), MINNESOTA 55331 Communities WoHcing Together to Preserve and improve The Assets of The Lake Minnetonka Area THE LEGACY Giving Xo Xhe Lake Minncconka Area April 22, 2002 Honorable Mayor & Members of the City Council City of Orono Box 66 Crj'Stal Bay. MN 55323 Attn: Lynn Dear Mayor & Council Members: Thank you for the opportunity to present information about The Legacy Foundation. Two of our board members are on your council agenda on June 24, 2002 at 7:00 p.m The purpose for the brief presentation is to acquaint you with the vision and mission of the foundation, and to answer your questions. The Legacy Foundation was founded in 2001. Its mission is to adopt significant lake area projects that enhance the livability of our lake community The Legacy Foundation will provide leadership, vision and ability to assemble the diverse resources available In addition. The Legacy Foundation will work to coordinate the necessary inter- jurisdictional approvals and support that is necessary for the successful completion of the projects. Our board looks forward to the opportunity to meet with your Council. Enclosed is an informational piece regarding The Legacy Foundation Please contact me if you have questions prior to the meeting. Pat Arnst Administrative Assistant 19765 HIGHWAY SEVEN • SHOREWCX)D, MN 55331 TEL: (952) 401-1260 FAX: (952) 474-0751 EMAIL: infoOthelegacyf6undation.net WEB SITE: www.thelegacyfoundation.net MEDINA at._G SOPO H 1600. I : 2400 Q 2000 1^ urtsT-b1000 «. • UUC.I no^• ■cvlfca* itM wm •cpf. ?, late A0€ t. itti M. m.9m PPmL ir.iMf Maltft AGENDA FOR COUNCIL MEETING SET FOR MONDAY. JUNE 24,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items arc available in the Public Packet • located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA I. Approve/Amend APPROVAL OF MINUTES • 2. Regular Council Meeting of June 10,2002 PRESENTATION 3. The Legacy Foundation ‘'rpTiNG 2 4 2002 Cl I y OF UhUivO PARK COMMISSION COMMENTS - Pat Wolfe, Representative PLANNING COMMISSION COMMENTS - Jan Berg, Representative PUBLIC COMMENTS • (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #02-2780 Otten Brothers Nursery, 2380 West Wa>-zata Boulevard - PUD Amendment - Resolution 5. #02-2788 Brad and Carol Pa.ss, 250 North Shore Drive West - Preliminary Plat - Resolution • 6. #02-2792 Paul T. and Kay K. Siudebaker, 250 Ruatui Road - Variance - Resolution * 7. #02-2794 Chris and Gail Bollis, 2C0 Stubbs Bay Road - Variance • Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR’S REPORT 8. Old Crystal Bay Road Pavement Rehabilitation Project 9. City Participation in Stormwater Permit Guide Plan CITY ADMINISTRATOR'S REPORT 10. Long Lake Fire Station Change Order No. 1 and Sewer Fund Budget Adjustment 11. Pay Requests - Long Lake Fire Station 12. Payment for Replacement of Well on the Ed Miller Propc.ly 13. Contract for Squad Car Repair 14. Schedule Work Session CITY ATTORNEY’S REPORT AGENDA FOR COUNCIL MEETING .‘-'ET FOR MONDAY, JUNE 24,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 15. LICENSES Garbage Hauler Home Occupation Special Events * 16. BILLS UPCOMING ISSUES AND EVENTS 2Sfi2 06/24 - Council Meeting, 7:00 pan. 07/01- 07/04- 07/DS- 07/08- 07/15- 07/22- Pirk Meeting, 7:15 p.ni. HOLIDAY, Thursday^ Observance of Independence Day HOLIDAY, Friday^ Observance oflndependence Day Council Meeting. 7:00 p.m. Planning Commiision, 6:30 pm Council Meeting, 7:00 p.m. ----------------------- ----- - -------------- COMk'''*! MCgTlNG JUN 2 4 2002 REQUEST FOR COUNCIL ACTION CII YUh UHUNU DATE: June 20.2002 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning item Description:#02-2780 Otten Bros. Nursery 2350 West Wayzata Boulevard Amendment to PUD #1 Agreement Zoning District:B-6/PUD List of Exhibits: A B C D E F G H I J K PUD Agreement - Amendment No. 2 Document Resolution Application Letter of Application (Clifford L. Otten - April 15, 2002) Plat Map Property Owners Notification List 1990 Approved Site Plan Site Survey Building Floor Plan and Exterior Parking Parking Facilities General Diner Area Floor Plan PUD Agreement#! (1990) Application Otten Bros. Nursery has applied to amend PUD Agreement #I that executed with the approval of the East Willow Woods in 1990. The proposed amendment is to permit a restaurant use on the property and to lift the exception clause within the PUD agreement that limits the amount of B-l permitted uses on the property. Otten Bros, has recently opened a self-contained concession stand, known as “Daisy Diner" to be located within the building and permanent greenhouse. Daisy Diner has been in operation for about a month and operating under a Transient Merchant License that allows it to remain open until July 2, 2002. The license will expire on that date. PUD Agreement # I defines standards and conditions for how the property may be used. It details permined uses on the property. The permitted uses for Lot I (which contains the building and greenhouses) include the nursery and office use of the existing building and property. Other permitted uses include those items listed as permitted in the B-6 zoning district and B-I zoning district permitted uses, except arts and school supplies stores, barber and beauty shops, books, magazines, record shops, drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise, dry cleaning and laundry pick-up stations including incidental pressing and repair, jewelry shops and repair, laundromats, music, newsstands, pipe and tobacco shops, retail foods, tailor shop, and wearing apparel. J #02-2780 Ottcn Bros. Nursery 2350 West Wayzata Boulevard Page 2 of 5_______________ It is the excepted clause that Otten Bros, is requesting to have removed from the PUD agreement. Removal of the exceptions would mean all B-l permitted uses would be then be permined uses on Lot I. The PUD Agreement was amended In 1998 to permit construction of a outdoor loading dock located at the north end of the proper, v and construction of the green houses east of the building. B-l uses The City created the B-6 zoning district specifically for the commercial areas on the north side of Highway 12. The district was developed to limit the intensity of retail uses, and to provide for uses that are compatible with the residential uses to the north. Both lot I and lot 2 of the Ottcn property arc zoned B-6. This is a large amount of property, the development or redevelopment of which will have a substantial impact on the character of the Highway 12 area. Any changes to the PUD, or to the zoning of the property to add new permitted uses needs to be done carefully, and in a way that ensures the use of the property fits into the City ’s plans for the broader Highway 12 area. If we simply open this property up to all B-1 uses, the property could be changed to a mix of uses that is incompatible with, or detrimental to, the plans for the Highway 12 area. Also, if we add B-l uses to this B-6 zoned area, we would get pressure from the owners of the property on the northwest comer of Willow and Highway 12 to do the same for them. They are already pointing to the existing retail uses on the Ottcn property as a reason to allow intense retail uses on their property. Restaurant Use The current restaurant use includes a small portable concession stand that is located within the Otten building. The concession stand operates with a limited menu and is open generally at 8:00.^ ^ _ i -I___________ ^ A 1Ca m. and closes one hour before the nursery closes. The area where this use operates is ^ approximately 900 s.f. in area. A total of 10 tables and 44 chairs are located ne.xt to the . concession stand. ^ Otten Bros, ii also requesting that restaurants be listed as a “permitted use” to include resuurant use beyond the existing “Daisy Diner”. Until 1996 Class I restaurants were listed as permitted uses in the B-6 district and would have been permitted to be located within the building prior to that time. Class I restaurants are now a conditional use in the B-6 district. The Daisy Diner is open to the public, but does not have any exterior building signage. The restaurant is accessory to the nursery use of the property. Additionally, there is no direct access to the eating or ordering area from the outside. A customer actually has to enter the nursery to access the restaurant. KkALi #02-2780 Otten Bros. Nursery 2350 West Wayzata Boulevard Page 3 of 5______________ PUD Agreement Permitted Uses The property is zoned PUD with B-6 as the underlying zoning district. The permitted uses are those uses listed as permitted in the B-6 district and those uses permitted as B-l, except those items as listed on page I of this memo and page 2 of the PUD Agreement. With the underlying zoning district of B-6 the only permitted uses available on the property are: I. .2. 3. 4. OfHces (business and professional) Banks and financial institutions Libraries Motels and hotels For Lot I only, the PUD Agreement also lists permitted uses for this property as the nursery and garden center. Because of the retail nature of the shopping center a number of B-1 uses were also allowed to be located within the building. The permitted uses in the B-l district are listed below. Those items crossed out are those items that were excluded from the B-l uses allowed on the property. 1. Aits find school supplies store. 2. Banks and insurance companies. 3. Berber and beauty shopsr 4. Bicycle sales and repair. 5. Books, magazines, record shop? 6t Drugs, eandyi kieeraam. soft drinks, cosmetios and other usual drug store merchandiser 7. Dry eleaning and laundry pick up atationa including inoidetUal pressing and repair; 8. Garden supplies, florist shop. 9. Gift or antique shops. 10. Hardware store, paint store. 11. Hobby shops, camera and photographic supply stores. 12. Jewelry shops and repair. 13. Laundromats; 14. Locksmith. ■IS. Musk).- radio, TV, appliance soles and repair stores; 16. Newsatawds. 17. Office supply store, office machine store. 18. Pet shop. 19. Pipe and tobacco shopsj 20. Plumbing, electrical, heating, housewares, furniture, carpet store. 21. Postal substation. 22. Real estate sales. 23. Retail food of all vari eties and home supplies. 24. Sewing center and yardgoods. 25. Sporting goods store. 2 6. Tailor shopei 27. Temporary sales such as Christmas tree lots. 28. Travel bureau. 29. Variety store. #02-2780 Often Bros. Nursery 2350 West Wayzata Boulevard Paye 4 of 5________________ 30. Wearing appar el store, shoe storei 31. OfT-sale Liquor Store 32. Home and garden equipment rental. 33. Municipal Buildings. Municipal buildings where the use conducted is customarily considered to be an office use. Any uses not permitted are required to go through the PUD Amendment process for approval, Other Issues Over the years since the property was developed there have been comments from sunounding residential property owners about the operation of the site in relation to noise and screening. I t ere is no standard that limits the types of equipment that can be used on the property. The zoning ordinance regulates uses, but does not regulate the types of equipment that would be allowed with a particular use. Oo / a. u 4) Operation of the nursery and production facilities includes bobcats, dump trucks, a front-end loader, and other incidental equipment. The ordinance that can be applied to the use of trucks and equipment on the property is the Noise Ordinance. The Noise Ordinance can be difficult to enforce because the actual noise production may have ceased by the time the Cit>' can respond to a complaint. ■V The City has never researched the decibel ratings on cquioment used by commercial and industrial users to determine whether they exceed noise standards. One ongoing issue with noise is the sound of the back-up beepers on larger vehicles. This is an OSHA safety requirement and is exempt from noise standards. The primary piece of equipment the City has received comments on is the use of the front-end loader. Mr. Otten has stated they use the front-end loader for faster loading of materials that would take much longer to do if done with a smaller vehicle, such as a bobcat. The front-end loader is used primarily during the daytime hours and stored w ithin a building before 6:00 p.m. It is also used sparingly on weekends. The production facilities on the property required screening by planting of trees located north of the property to separate the commercial from the residential uses. The trees were planted in 1990. In most cases the trees have prospered and have begun to provide belter screening. However, they have never provided full screening of the property. This particular application is an opportunity to resolve some issues that have risen since the property was developed. Possible solutions may be by setting limits on the extent of activities and equipment allowed on the property and improving screening. City Suff is willing to mediate that discussion between Onen Bros, and surrounding property owners. Staff did a comprehensive review of the site to check compliance with the original PUD and determined Otten Bros, landscaping and the uses on the property are in compliance with the past PUD approvals. #02-2780 Otten Bros. Nursery 2350 West Wayzata Boulevard Page 5 of 5__________ Staff does agree that the area of the site visible from Dickey Lake Drive, especially near the parking lot and north of the rock bins, needs attention in order to provide more effective screening. Lot 2 is fairly well screened to both the lots to the north and Highway 12. However, a significant amount of the screening of the Walvatne property (710 Dickey Lake Drive) is by vegetation on the adjacent property vs. the evergreens initially planted by Otten. The Planning Commission recommended the adjacent property owners and Cliff Otten seek mediation to resolve the issues as noted above. The City of Orono can facilitate the mediation. The mediation process will be handled bv an outside mediation service. A condition of the PUD Amendment shall be to begin the mediation Brocess, f/vv Plaaning Commission and Staff Recommendation 'A^The Planning Commission recommended by a vote of 7 to 0 to approve the request to the amend ^ the PUD Agreement to allow a concession stand style restaurant to operate within the building as an accessory use to the nursery retail. The restaurant approval would permit the operation to use 900 s.f. of area with seating for 44, as currently available on-site. Staff recommends the approval subject to the following conditions: No exterior signage is permitted on the building or property to exclusively advertise the restaurant use. There is a concern about the adequacy and amount of parking available on-site. Exterior advertising would bring additional vehicles to the property. 2. Primary access to the restaurant area shall be from within the existing retail nursery space. No separate access shall be permitted that would be intended to be the primary access for restaurant customers. Any request to expand the restaurant use beyond a cafeteria use shall be reviewed as an amendment to the PUD Agreement. Expansions to the restaurant use would be any increase to the seating capacity beyond 44, dedicating more than 500 s.f. of the floor area of the building to public seating area or devoting more than 900 s.f. to the restaurant use. 5. The concession stand use shall only permit ordering of food at a counter. 6. The hours of operation of the concession stand shall be limited to the normal operating hours of the retail to which it is accessory. 3. 4. Planning Commission recommended denial of the request to allow restaurants in general to be added as a permitted use to the PUD Agreement. Any such request to locate a restaurant within any part of the building shall be reviewed independently as an amendment to the PUD Agreement through the normal public hearing process. Planning Commission recommended denial of the request to include all B-1 uses as permitted uses. Any proposed use not listed as permitted by the existing PUD Agreement should be reviewed independently as an amendment to the PUD. I CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AMENDMENT NUMBER 2 TO PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR East Willow Woods Clifford L. Otten. Developer THIS AGREEMENT, Made and entered in this day of 2002, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City ') and Clifford Otten, his heirs, successors and assigns (hereinafter called "Developer"). WITNESSETH: WHEREAS, the Developer entered into an Agreement dated April 23,1990 (hereinafter called "Agreement") to develop East Willow Woods as a Plamicd Unit Development on all the terms and conditions set forth in that certain Agreement; and WHEREAS, the Developer entered into Amendment No. 1 on October 12,1998 to allow construction of a greenhouse addition adjacent to the existing principal structure, to allow for construction of a loading dock within Outlot C, East Willow Woods, and to allow the entrance monument construction within Lots 1 and 2 East Willow Woods at the site entrance from Highway 12;and WHEREAS, the Developer has requested Amendment No. 2 to allow a concession stand use on the property; and WHEREAS, the City Council has granted approval for such Amendment 2, after a public hearing and consideration arid recommendation by the Planning Commission, NOW, THEREFORE, in consideration of the premises, and of the mutual conditions hereinafter contained, it is hereby agreed as follows: 1.Property description : Property description for Amendment 2 is the same as that for the Agreement. 2.Zoning : Property continues to be zoned as a Planned Unit Development under the Orono plaiuied unit development orditumce with underlying B-6 zoning. 3.Permitted Uses: Amendment 2 allows the use of the property for a concession stand style restaurant as an accessory establishment to the nursery use of the property subject to the following conditions. Page 1 of 5 A 1 5. 6. 7. 8. 9. A.No exterior signage is permitted on the building or property to exclusively advertise the concession stand use. There is a concern about the adequacy and amount of parking available on-site. Exterior advertising would bring additional vehicles to the property. B Primary access to the restaurant area shall be from within the existing retail nursery space. No separate access shall be permitted that would be intended to be the primary access for concession stand customers. C.Any request to expand the use beyond a concession stand use shall be reviewed as an amendment to the PUD Agreement. D.Expansions to the use would be any increase to the seating capacity beyond 44, dedicating more than 500 s.f. of the floor area of the building to public seating area or devoting more than 900 s.f. to the concession stand use. E. The concession stand use shall only permit ordering of food at a counter. F.The hours of operation of the concession stand shall be limited to the normal operating hours of the retail to which it is accessory. Conditionally Permitted Uses: The Conditionally Permitted uses shall remain in compliance with the Agreement. Site Access: Site access remains unchanged from the Agreement. Building Desi^ and Construction: The building design and construction are unchanged from the Agreement. Height: The height is unchanged. Signs: No exterior signage is permitted to exclusively advertise for the restaurant use. Other signage shall be in conformance with the Agreement. Compliance: The obligations of compliance in the Agreement are extended to include this Amendment 2. 10. Binding Effect: The binding effect of the Agreement is extended to include this Amendment 2. 11. Notices: The notice provisions of the Agreement are extended to include this Amendment 2. 12. Incorporation bv Reference: The provisions of dus is extended to this Amendment 2. Page 2 of 5 ‘ ■i ? 13. 14. hv City: The Disclaimer in the Agreement is extended to this Amendment 2. Hold Hannle<f«f iivigmnification: The Hold Harmless and Indemnification of the Agreement is extended to this Amendment 2. 15.Remedy for fvfault; The Remedy for default in the Agreement is extended to this Amendment 2. 16. rnntroHing Agreement : The terms of this Amendment 2 will first control its reading, and it shall be read together with the terms of the Agreement. The documents shall control to the extent that there is any difference or ambiguity between them and - other agreements between the City and the Developer. Page 3 o£ 5 i IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed and to become effective on the day and year first above written. In Presence of:CITY OF ORONO BY: (Mayor) BY: (City Clerk) DEVELOPER Clifford L. Otten Reviewed for Administration/Date STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _____th day of , 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 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of .20 personally q>peared before me, who is personally known to me whose identity I proved on the basis of, whose identity 1 proved on the oath/afHrmation, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their act and deed. Notary Public Page 5 of 5 B A RESOLUTION DENYING AMENDMENTS TO PLANNED UNIT DEVELOPMENT NO. I FILE NO. 02-2780 WHEREAS, Cliflbrd L. Otten, President of Otten Bros. Nursery, (heieinafter "the applicant") has applied to the City of Orono for an amendment to Planned Unit Development No. 1 located at 2350 West Wayzata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, East Willow Woods, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the City of Orono approved PUD Agreement No. I for the property setting parameters for the use of the property as a commercial site and nursery; and WHEREAS, the Clifford Otten has requested to amend the PUD Agreement to include all uses permitted within the B-1 zoning district and to allow all restaurant uses as permitted in the PUD; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 20,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02*2780. 2. The property is zoned PUD/B*6. The standards by which the PUD is permitted is defined in PUD Agreement No. 1 and Amendment No. 1, dated October 12,1998. Page 1 of 3 3.The Planning Commission reviewed the application for variances and recommended denial by a vote of 7 to 0 based on the following findings: A. B. C. D. E. F. The City created the B-6 zoning district specifically for the commercial areas on the north side of Highway 12. The district was developed to limit the intensity of retail uses, and to provide for uses that are compatible with the residential uses to the north. Both lot I and lot 2 of the Otten property are zoned B-6. This is a large amount of property, the development or redevelopment of which will have a substantial impact on the character of the Highway 12 area. Any changes to the PUD, or to the zoning of the property to add new permitted uses needs to be done carefully, and in a way that ensures the use of the property fits into the City's plans for the broader Highway 12 area. If the property is opened to all B-1 uses, the property could be changed to a mix of uses that is incompatible with, or detrimental to, the plans for the Highway 12 area. The Planning Commission has recommended approval of a concession stand style restaurant for the property to include a concession stand that is located within the retail and garden portion of the building. The concession stand operates with a limited menu and is open generally at 8:00 a.m. and closes one hour before the nursery closes. The area where this use operates is approximately 900 s.f. in area. A total of 10 tables and 44 chairs are located next to the concession stand. In 1996 the City of Orono removed Class 1 restaurants as a permitted use in the B-6 district. Any proposed uses not currently permitted within the PUD document can be reviewed independently as an amendment to the existing PUD. Parking on the site, access, and other site plan issues that should be considered when reviewing a use that is not permitted in the Highway 12, B-6 District. CONCLUSIONS, ORDER, AND CONDITIONS Page 2 of 3 Based upon one or more of the above findings, the Orono City Council hereby denies the request to amend PUD Agreement No. I to add all B-1 uses and restaurants as permitted uses. * Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of June, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HFNNEPIN The foregoing instrument was acknowledged before me on this 2Sth day of February, 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 coiporation and said insoiiment was executed on behalf of the City. Notary Public Page 3 of 3 J a Appikation# • Jt7y O Date Received Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ‘ak /-O- lJ)n >fZC(hK. SM be Filed jOrfi4jndfn^/^'i' ~to FtJLtS Number 0*100^9^ • 7/P - OOl4 Type of Application to be Filed Property Identification Number (P.I.D.) 3^ • '//P - A3 APPLICAN’ Name ^Uta.rd L. Qf4<r\ OO/tf Phone (home) *7K>B-4*7Q^feS3T Phone (work) 4!^ » Address tJ. tx)a.\^7Qhl. Sim City Lon^ LftlU /Hfi OWNER (if different than applicant) Name ______v^noPJ _____ Phone (home)_ Phone (work)_ Address City Zip. Da(^ropgrty >Acquired mo (month/year) also own the adjacent parcels of land. a Ou)»^ ent, pa.roJi FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$325.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75* of lakeshore \ PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Cunent Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation $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 Appeals Other - see Fee Schedule O #2780 REQUIREP SUBMITTALS ^Completed Application Form.1. 2. 3. Describe request in detail. y/' Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map fiom Hennepin County Department of Finance, A-603, Government Center, 348-3271). IVWiO __✓ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. 4. ® ^ ... az /A* Topographic survey (existing and proposed contours) if land alterations involve " changes in elevation (grades). 7. y List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. a/IA Construction plan, if applicable (see staff for requirements). 9. fifoBiy. As an addendum to this application, 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 that 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________________________ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct best of his/^ knowledge. Applicant's signature Date CZ. 7^ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes opjnvestigayon and v^fication of this request. Owner's signature ' ^Date Applicant must have all ,4^inals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building A Zoning Office of this change prior to the meeting. C% ! O^ o D NURSERY & I ANDSCAPINC, INC •OVER 45 YEARS OF QUALITY SERVICE" APRIL 15 2002 MIKE GAFFRON CITY OF ORONO 2750 KELLEY PARKWAY ORONO. MN 55356 DEAR MIKE; OTTEN BROS. NURSERY & LANDSCAPING INC. IS APPLYING FOR AN AMENDMENT TO OUR PUD TO OPEN OUR NEW “ DAISY DINER ". THE DINER IS A SELF CONTAINED, CONCESSION TYPE TRAILER WHICH WILL BE LOCATED BETWEEN THE GARDEN CENTER AND THE GREENHOUSE. THIS WILL BE A RELAXING. CONVENIENT SPOT FOR OUR CUSTOMERS TO PURCHASE FOOD. BEVERAGES. A VARIETY OF GOURMET COFFEES AND TASTY SNACKS WHILE THEY SHOP. ALSO. HANDY FOR OUR EMPLOYEES FOR THEIR BREAKS OR LUNCHES. FOR THIS USE AND OTHER POSSIBLE USES THAT MAY COME UP IN THE FUTURE, I REQUEST THAT THE EXCEPTION TO THE B-6 ZOI^^G BE LIFTED FROM MY PUD. WE HAVE ALREADY BEEN STATE INSPECTED AND HAVE STATE LICENSED PERSONNEL ON STAFF TO OPERATE THE DINER. OUR TOPOGRAPHIC SURVEY IS NOT INCLUDED BECAUSE WE ARE NOT ALTERING THE LAND AND ARE PLACING THE DINER UNDER EXISTING COVER. WE ARE NOT INCLUDING A CONSTRUCTION PLAN BECAUSE THE DINER IS SELF CONTAINED AND PORTABLE AND BEING PLACED UNDER EXISTING COVER. RD L. OTTEN #2780 2360W.WAYZATABLVD. • P.O.BOX 249 • LONG LAKE. MN 56356 • (952)473^5 • FAX «(952) 473-7232 RINGERSWOOD DtCHBY— C^y nz- :i5 •lilWi RINGERSWOOD ^snr^ \ f ^ ' #*•»• 2251; (•■•f wisartr*fni LAKE I •i...,•* I fil <ii'> CEN ru*t / »r«tf V i »iJW « vl-rf? Vv^ WEST mia rffiJ<• iti' I INDtiSmiAir 77. V-----•BLVO--¥^--, -jrrr STO>AZ.PARK i ■ i!ii •» 1 t!n X ' s V •mrir^rm i m m» 9k i 5 “ LONG («7 ! S t • ^ (S2) m i • 1 wayza'ta LAKE COi^ERCIAL f*t$mmt$Jt£ft. f - "< 8 iMil- 11 ^-.'.V 9 **^*a^^^ 3 3-//^- t«tl DANIELS ■mw - INDUSTRIAL PARK #2 7 8 ^y-z/f-0« If iUN DATE tA/ll/f2 BATCH BBS HENNEPIN COUNTY PtOPEBTV INFOBNATXON SYSTEN PBOPERTY OHNERS LIST BEPOBT NO. riASSABl PACE A PROP ADDR ONNER NANE TAXPAYER NANE/AOM PROP ADDR ONNER NANE TAXPAYER NANE/AOOt PROP ADDR ONNER NANE TAXPAYER NAI«/AOOR PROP ADDR ONNER NANE TAXPAYER NANE/ADOR PROP AODR ONNER NANE TAXPAYER NANE/ADOR PROP ADDR ONNER NANE TAXPAYER NANE/ADOR SB SS-11B-2S 11 IBIS BBBSS ADDRESS UNASSXGNED ORONO PLAZA ORONO PIAZA C/0 REXERSOORD LAN OFFICE ABBB BATH ST N NPLS NN B5A2A SB SA-11S-2S 22 BOBS BB7B1 DICKEY LAKE DR P t K PUON PATRICK t KAREN PUON 725 DICKEY LAKE DR LONG LAKE NN 5S3SA SB SA-11B-2S 22 BBBB BB725 DICKEY LAKE DR P P PUGH B K L HA6ELEE P PATRICK 8 kArEN PUGH 72S DICKEY LAKE DR P LONG LAKE NN 55SSB SB SA-11B-2S 22 BBB7 BB7SS DICKEY LAKE DR P 0 SKOOO B S L SKOOO PAUL B SHERRY SKOOG 7SS DICKEY LAKE OR LONG LAKE NN 5SSS4 SB SA-11B-2S 22 BBIA B2S5B NAYZATA DLVD N C B L OTTEN CLIFFORD B LOUISE OTTEN DON 2AB LONG LAKE NN S5S54 SB SA-11B-2S 22 BB15 BBBSB ADDRESS PENDING C B L OTTEN CLIFFORD B LOUISE OTTEN BOX 2AB LOW LAKE NN 55S5B SB SA-11B-2S 22 BBIB BB71B DICKEY LAKE DR J 0 NALVATNE B D F NALVATNE JOEL B DIANE NALVATNE 71B DICKEY LAKE DR ORONO NN S5S54 SB SA-11B-2S 22 BB17 B2251 PINE RIDGE LA C B L OTTEN CLIFFORD B LOUISE OTTEN P O BOX 2AB LONG LAKE NN 55S54 SB SA-11B-2S 22 BBIB BBBSB ADDRESS UNASSIGNED C B L OTTEN CLIFFORD I LOUISE OTTEN BOX 2AB LONG LAKE NN 55S54 SB S4-11B-2S 22 BB2B BBBSB ADDRESS UNASSIGNED C B L OTTEN CLIFFORD B LOUISE OTTEN DDK 249 LONG LAKE NN 55S54 72 SS-11B-2S 14 BB25 B241B INDUSTRIAL BLVD N SYSTEN CAPITAL REAL PROP CRP NC DONALDS CORPORATION P 0 BOX 442B7 ANF OHARE CHICAGO IL 4B444 72 SS-11B-2S 14 BB24 B24BB INDUSTRIAL BLVD H SPCCDHAY SUPERANERICA LLC SPEEDHAY SUPERANERICA LLC C/0 PROPERTY TAX RECORDS 5S9 NAIN ST S FINDLAY OH 4SB4B * i 72 S4-11B-2S 2S BBBl B2S99 HAYZATA BLVD H GEOROAYN C RRANER GEORGAYN C KRANER 299B SUNHER SET LA LONG LAKE NN 55S54 72 S4-11B-2S 2S BBB2 B2S45 HAYZATA BLVD H R E 8 B N HAUGEN ET AL OSCAR SEYED B HOUR! HAKINI 59B5 BERNARD PL EDINA NN 554S4 72 S4-11B-2S 2S BBBS B2S45 HAYZATA BLVD H R E i B N HAUGEN ET AL OSCAR SEYED B HOURI HAKINI 59B5 BERNARD PL EDINA NN 554S4 72 S4-11B-2S 2S BB2S B222S HAYZATA BLVD H PERRY'S VENTURES INC PERRY'S VENTURES INC 22BB H HAYZATA BLVD LONG LAKE NN 55SS4 72 S4-11B-2S 2S BB44 BB572 TANARACK AVE RHEA CONPANY RHEA CONPANY 1S725 NAIN ST ROGERS NN SSS74 72 S4-11B-2S 2S BB4S B2S25 HAYZATA BLVD H RICHARD R RUUD ET AL ELITE AUTO X RICHARD RUDO 2S2S H HAYZATA BLVD LONG LAKE NN BSS54 l-n HIM DATE M/11/E2 iATCN BiS OMNEt MAME TAirrAVEt NAHE/AODi 72 S4-11S-2S 2S HSA •2241 VAVZATA BLVD If CLxrrom l otten JOHN S SHELOm P 0 MX 274 LONB LAKE NN 55S54 HENNEPIN COUNTY PflOPEKTY INPOONAnON SYSTEH PKOPERTY ONNEKS LIST REPOKT NO. PX4Sf4il PARE S 72 S4-1I0-2S 25 ••57 •2245 VAYZATA ILVO H CLXFOm L OTTEN CLlPOm L OTTEN P 0 lOX 249 LONG LAKE NN 55554 TOTAL iATCN 505 •••24 X CEKTIPY THAT TNE FACTS KEPKESENTED ARE AN ACCURATE AND TRUE REPRESENTATXON OF XNFORNATION AS XT APPEARS TNXS DATE ON TNE RECORDS OF THE HENNEPXN COUNTY DEPARTNENT OF PROPERTY TAXATXON, TO TNE^OEST OF NY KNOMLEOGE AND RELXEF. DATE C TAXATXON, TO Tl^l V ■> 1 ciBp Os»X g3s{=gg35 z "0 iA < I Nil I I ..:i*5 30-^ • • • • 2 C Copy ~P^ city of Orono Document Form Revised 10/87 CITY OP ORONO HENNEPIN COUNTY, MINNESOTA 0)(_v ■ /. _J r\ 1 ' **r * • * *7?JUlD'J.-*.--- ^ PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR East Willow Woods (Name of Development)NOV 1 9 1990 Clifford L. Otten (Name of Developer) THIS AGREDIENT, Made and entered into this 23rd day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called 'City*'), and Clifford Otten, his heirs, successors and assigns (hereinafter called 'Developer'}. WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) and resolution no. 2692 of the City that granted preliminary approval of PUD, subdivision and plat approval for East Willow Woods, and commercial site plan approval; and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for conformance with the City's Planned Unit Development ordinance (PUD), all on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and of the mutual promises and conditions hereinafter cc'tained, it is hereby agreed as follows: 1.Property Description: Lots 1 and 2, Block 1, and Outlets A, B, C and D, all East Willow Woods, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (sometimes herein referred to as the 'Property'). 2.Zoning: The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. The Property may be hereinafter referred to as PUD-1. 3.Permitted Uses; The buildings and the signs shown on the site plan attached for which the Developer has requested Page 1 of 6 Initials of Developer Initials of City Cler)^^^^^^ I U* Z 4. buildina permits are to be constructed only on Lot 1* The first floor of the main building* including its greenhouse portion* has approximately 24*644 square feet of space with the Developer initially proposing to use approximately 14*244 square feet for his business* leaving approximately 9*600 square feet of rental space. The second floor of the main building has approximately 9*600 square feet of space* of which the developer will use approximately 5*040 for his own business* leaving approximately 4,560 of rental space. The storage building* including covered storage* has approximately 7*200 square feet of space. The production greenhouses (approximately 4,920 square feet) are also shown on the site plan attached. The Developer's uses of Lot 1 specifically Include sales* service and rental uses for a landscape and garden business* including yard and garden equipment* and supportive and related uses. The permitted uses of Lot 1 include the Developer's above described specific usesT^ne zoning district B-6 permitted uses* and the zoning district B-1 permitted uses arts and school supplies stores* barber and beauty shops* books, magazines* record shops* drugs* candy* ice cream* soft drinks* cosmetics and other usual drug store merchandise* dry cleaning and laundry pick-up stations including incidental pressing and repair* jewelry shops and repair* laundromats* music* newsstands* pipe and tobacco shops* retail foods, tailor shop* and wearing apparel. Other uses may be allowed subject to an amendment of this PUD. Lot 2 may be used for the storage of plant* garden and TanSscape related supplies and materials in conjunction with the Developer's use of Lot 1. Lot 2 may also be used for zoning district B-6 permitted uses. In conjunction with Lot 1 use and under same ownership* Lot 2 may be improved with structures subject to City issuance of a conditional use permit and commercial site plan approval so long as such structures are built of the same materials and of the same quality as the developer's structures on Lot 1 and so long as such structures are greenhouses which are auxiliary to the Developer's business on Lot 1. Such conditional use permit shall require appropriate screening of the structures from Highway 12. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD Agreement. The foregoing uses are permitted pursuant to this PUD Agreement. Access; The present access to Lot 1 is via Highway 12 and Willow Drive. For the purposes of this PUD Lot 2 may only be accessed through Lot 1 and the ingress only access via Highway 12 and only so long as Lot 2 is owned Page 2 of 6 Initials of Developer jj Initials of City Clerly^^j^ 5. 6. 7. and used by the ovmer of Lot 1 as part of the landscape and garden business on Lot !• For special assessment purposes relating to the construction of a road improvement on Outlot C, the Developer agrees that benefit to Lot 1 from the road will not take into account the presence of the existing Willow Drive access; the City agrees that the construction of the road on Outlot C will not require the Willow Drive access be closed. The present access from Highway 12 to Lots 1 and 2 is approved as part of the PUD for ingress only. In its sole discretion the Orono city council by a three member vote may approve the right of egress but only upon the request of the owner of Lot 1. If Lot 2 ceases to be owned and used by the owner of Lot 1 in conjunction with the use of I^t 1 or is developed independently, then Lot 2 shall be obligated to develop access via Outlot C unless the City in its sole discretion determines that alternative access is adequate. Bunding nesian and Construction: The improvements on said Lot 1 shall be constructed according to the plans on file with the City of Orono. The building plans show a main building with a partial second floor and an accessory building, and production greenhouses, all on said Lot 1. The exterior of the building shall be of a combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match anodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish and exterior colors as shown on elevation plans attached to this agreement. To the extent Developer builds structures on Lot 2 for use in conjunction with his business on Lot I, such structures on Lot 2 shall be constructed of the same materials and of the same quality as those on Lot 1. Height; The portions of the flat roof are at a height of 30' or less. The two story portion of the building with the gabled roof is 32'6" to the peak, 21'8* to the eave, and 27' to the mid-point. The height of this building to the peak not to exceed 32'O'' is permitted pursuant to this PUD Agreement. Signs; The signs and signage in said Lot 1 shall conform to the Sign Plans (4 pages) dated April 5, 1990 on file with the City and are permitted pursuant to this PUD Agreement. In consideration of the fact that the said sign plans permit Developer's pylon sign to be closer to Page 3 of 6 Initials of Developer Initials of City ClerJ^^ir 8. 9. 10. 11. 12. Willow Road than is otherwise permitted by ordinance. Developer agrees to relocate such sign at any time that either Willow Road is upgraded and such road upgrading in the opinion of the City makes the said pylon sign location a hazard, or prevents normal and customary road maintenance. compliance; At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that the terms and provisions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance, or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. Binding Effect; The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the property. Notices; Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City City of Orono Clerk/Administrator P. O. Box 66 Crystal Bay, MN 55323 Notice to Developer Clifford L. Otten P. O. Box 249 Long Lake, MN 55356 Incorporation bv Reference; All plans, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. plsclaimer bv City; It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors. i j.Page 4 of Initials of Developer // Initials of City Clerky®^ 6 13. 14. 15. subcont r®ctoiT8» Bstsirislosn* IsboirsirSf or sny othsir person, firm or corporation, for any debt, claln, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the improvements. Hold Harmless and Indemnification; The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Remedy for Default; Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the city and the developer, this Planned Unit Development Agreement shall control. IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of: / CITY OF ORONO \ [ Ji* i it , • , •,# / n ^ f ^ • t THERESA L. NAAB NOTARY RuaUO • MlNRCSOTA HENNEPIN COUNTY ^ By : Ui i J -t>' (Mafor) --------- Page 5 of 6 Initials of Developer . Initials of City Clerk^^^^ i W .J/JpJ. J /yS4?7Q Reviewedr for Administration: Date: /L^^O ^ /ffd :rHIS INSTRUMENT WAS DRAFTED BY glTV Pi^-iK)0________ (^/vSTf^ I^\V AH^) (name and address) STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) ■gRylOfficl The foregoing instrument was acknowledged before me this 23rd (:\ ,^s<v SANDRA K. RODENZ * J>«ld NOTA«V fUBUC • MINNESOTA “^7 HENNEPIN COUNTY Mr Cowiiimicn bpiTM s«bl ts. INI: S?z f —Notary Public STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990 by James R. Grabek, Mayor, and Dorothy M. Hallin, City Clerk, of the City of Orono, a Minnesota municipal corporation, on behalf of the corpora^'^ Notary Public nvn^MNTMai OCT aa . '*y/i mwA Page 6 of 6 Initials of Developer Initials of City Cleric \ f \ 1. 2. 3. 4. OROHO OTTEM AGREDIENT yWDEX Plat of East Willow Woods B-6 zoning standards Plans: Connarcial Site Plan (with internal signage) dated 4/5/90 Grading, Drainage t Soil Erosion Control Plan printed 4/6/90 Slope Analysis printed 4/6/90 Landscape Plans 6/23/89 Elevations of nain building/accessory building plans 1/4/90 RoAd and Utilities Easenent over Outlet C WOODS 1R.T, QQC NO. #• 0 10.4S SBCTIOR 10.45 B-€ BIGBWXY COKKEBCXAL DISTMCT 5ufe»d. 1. Purpose. The purpose of the B-6 Histway Cottsercial District is to provide a cosBercial district specifically tailored to acconplisb \be cosnercial dcvelopsent objectives of tbe Bigbway 12 Corridor Study Section of the Orono CoBprebensive Plan. Subd. 2. Application. All applicants for a building pernit in any *B-6* Highway Business District shall be reviewed by tbe Council and referred to tbe Planning Coanission for review. Subd. 3. Peraitted Uses. Bitbin any *B-6* Bigbway Business District, no structure or land shall be used escept for one of tbe following uses or uses deeacd siailar by tbe Council. A. Offices (business and professional) B. Banks and financial institutions. C. Libraries. D. Motels, and hotels. C. Bestaurants (Class I). Subd. 4. Belationship with Chapter 10.53 Planned Unit Developaent. Other types of coaaercial uses and aiaed use developaents aay be applied for through the planned unit developaent process. Applications that include coasercial uses within the Bighway 12 Corridor shall assuae the B-6 District as the underlying zoning district. Conditional Use A. Mithin any 'B-C* Bighway Business District, no structure or land shall be used for one of the following uses eieept by conditional use perait: 1. Any business listed as a peraitted use in the tone that includes a drive-thru condition. Subd. S. Accessory Uses. Bitbin any 'B-C* Highway • V » I li 10.45 Business District, the following uses shall be pernitted accessory uses: A. Any accessory use as regulated in the "B-l* Business District. Subd. 6. Area, Height, Lot Width, Setback Requirenents and Design Requirenents. The following nininun requirenents shall be obsereed subject to additional requirenents and contained in Section 10.52 of this Title. A. Lot Area B. Lot Width C. Setback - Principal Structure two acres Front Side Interior Side Street Rear D. Setback - Accessory Structure Front Side Interior Side Street Rear E. Setback - Parking Front Side Interior Street Side Rear 100 ft. 30 (35)ft. 10 (35)ft. 30 (35)ft. 30 (35)ft. 30 (35)ft. 10 (35)ft. 30 (35)ft. 30 (35)ft. 15 (20)ft 5 (10)ft 10 (15)ft 10 (10)ft Setbacks in parentheses apply adjacent to all residential districts. •30 (35) feet or 1 1/2 tines the building height whichever is greater in deternining front setbacks for principal and accessory structure only. F. Drainage. Ho land shall be developed and no use 351-2 __n • W W W to S-** *** •-.Vi- •':?v•;jsr /• » * • w W. . I C#4**« •••••! # 10.45 •h*ll be per»lttea thet resultf In ••ter runoff ceu«lng flood#, erofien, ot deposit# on •descent properties. Site end dralnsge plan# #hall be suboitted by the eppllcant In such detail •• required by the Council and those plans shsll be reviewed by the City Engineer before aubmiaaion to the planning conaission and Council for approval* Such cunoff aay be requited to be properly channeled Into a natural watar course, ponding area, stora drain or other public facilities. Any change in grade affecting water runoff-whether onto adjacent property or otherwiae oust be in coaplianee with the Surface water Nanageaent Plan and ahall be conaistent with ether applicable regulations or City Code proviaions and subject to the approval of other agencies having jurladiction* over the area affected by the drainage. G. Height. Ho structure or building ahall esceed 2-1/2 stories or thirty feet In height eseept as provided la Section 10.75* B. At least twenty five percent (251) of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. At least three percent (3t) of the land area within a parking area shall be landscaped. The following aininum sixes shall be required at the tine of plantingi Overstory Deciduous Treea 2-1/2 inches in dlaaetet Ornanental Trees 1-1/2 inches in diaseter coniferous Trees d feet tall Major Shrub Plantings 5 gallons X. All trash and trash handling eguipaent shall be stored within the principal structure, within an attached structure accessible froa within the principal structure, or totally screened froa eye-level view froa public streets and adjacent residential properties. If accessory structures «e proposed, they shall be constructed of the saae building material as the principal structure and be readily served through swinging X • doors. j, Cersges, accessory structures, screen wslls snd wan_ « 10.45 of w4ll® •h#ll bo of siioilor typo# qutXKy ond appctroftco oo tbo princxpol otructuto. F. Tho ground levol vlow of oil oochonicol utllltloo •tioll bo cooplotoXy octotnod fees contiguous preportios ond •djoeont ttrotto# or dotignod to bo eempotiblo vitb tbo orcblteetarol trootnont of tbo prinelpol otructuro. L* Extornol lofldlng ond oocoico oross oust be eoaplotoly ■croontd from tbo ground Itvol view froa oontlguous roildontloX or cosBDoroiol proportloo ond odjoeont otroots# except ot sccooo points# M# Tbo Xigbt fron outonobilo boodlighto ond other oeoreos sbolX bo seroonod wbonoeor it ooy bo directed onto odjocont rooidontioX oindovo. • ♦ V 4 ; • I I. I III I r Jip’anS I1 t ------’~4 5;~t~~ \ %=^1 1ru • fe/if..... 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I ^I 111 -f «* ns^.--.1^113 L rI TT TiMT^«iarmuIH>M'^ ttrrtUvr'rf ir % - • *5» • • \ " -----7-------------------------T .1 ;• : ' . \ .:* 'iV;-rv" • . • • ■- • • . . 0 Q 0 Fra iS3a-;-.:; m i!^.:-Li ,» .-n':<r=-L.--T 496 .»,. • .* *- ’ % - 1 • >^<Aw ww <? <?9 »fc-tTt.i ^ I *^flfll!llr^ <? i o 1 ’ • 1 ►H i *■ ‘ n n \ ■ ETi* *••!—i----------r . ^ ----- 1 .-V—. .---—^J^.r--^'• - ** ji'aUBB •^-- .1 — 1 1 • » —• 1 1 ^ ^ 1 - --■:.p.-.:JE. .............................................................................. \r.’LZZ\^ 0 fslgCJV V •* ^ t © l.-r-.-rsvsc—, e I I-----rra.J»i»-"r- ImI :">ii|!r^t . ;.!!i!lljl t~:r..5ib^»€t^ k—tAi.TV <O<n 2-1, OtB]*:i IZuim\t02i tS ti ^ 2»»* <*^1^ s': ' -k -2EZiL n 1 ii • - * rv fei^r Tw>j *c f -!># ^!l f Complete Date: Deadliae: 4/23/02 8/21/02 ink'll meeting JUN 2 4 2002 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: June 20.2002 ITEM NO.: S Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#02-2788 Brad and Carol Pass 250 North Shore Drive West Preliminary Subdivision A List of Exhibitsi c A B C D E F Resolution Site Plan Final Plat and Required Fees City Engineer Comments (June 12.2002) Neighboring Property Owner Comments (325 County Road 19) Planning Report (June 10. 2002) wT 1 Application The applicants I’.ave applied for a preliminary plat for property located at 250 North Shore Drive West. The property is a 14 acre site to be subdivided into two building sites (Lots I and 2). shared driveway (Outlet A), and a conservation outlet (Outlet B). Outlet B will be dedicated as conservation land to the Hennepin Conservation District. Outlet B will be part of a much larger conservation easement area that will be dedicated. Included in the dedication is a portion of the adjacent property to the east that is under common ownership. The Conservation District would maintain and manage the conservation area. A variance is required for a wetland crossing to provide driveway access to the properties. Hennepin County has approved the access as shown on the plat drawings. The access is the only acceptable driveway location on the property due to that access meeting the sight distance requirements. Hennepin County has requested a land dedication that would include a right-of-way dedication for all land 60' from the centerline of C.R. 19. The purpose listed for the request is this segment of eSAH 19 is designated bikeway on the city/county plan. At issue is the practicality of providing a separated trail due to the wetland located adjacent to the road. The road has 33' from V centerline, which is consistent with the right-of-way width along the C.R. 19 corridor. The only exceptions arc a 50' from centerline width for right turn access further north. The Council shall make a determination if the land dedication should be required. Based on the fact that the corridor is designated as a future bikeway route it may appropriate that the Council consider the right-of-way dedication for a future bikeway. *L- 'rw The proposed plat meets the requirements of zoning and subdivision ordinances, and the intent of the Comprehensive Plan. % ■( #02>2788 Brad and Carol Pass 2S0 North Shore Drive West P888 2 q£2-------------------- PlMBlag Conmiaslon RcconncndatioB On a vote of 6 to 0 the Planning Conunission recom* nds approval of the subdivision, based on the finding and conditions as noted in the attached af.proval resolution. Staff RcconimcBdatioB Staff recommends approval of the application COUNCIL ACTION REQUESTED Motion to adopt the Resolution approving the preliminary plat for property locnt^ at 250 North Shore Drive West and a variance to permit wetland alterations subject to the conditions as noted in the resolution. — A A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A TWO LOT SUBDIVISION OF PROPERTY LOCATED AT 250 NORTH SHORE DRIVE WEST PID 06-117-23 23 0001 FILE NO. 02-2788 WHEREAS, Bradley Pass and Carol Pass, (hereinafter "the subdividers") on April 17,2002 filed an application with the City of Orono (hereinafter "the City") requesting subdivision of property located at 250 North Shore Drive West within the City of Orono and legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 117 North, Range 23 West of the 5* Principal Meridian, lying north of the South 854.5 feet of said Southwest Quarter of the Northeast Quarter, Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on June 17,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, at their regular meeting held on June 24,2002 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: FINDINGS The layout of the lots meets the Zoning Code requirements for a front/back lot subdivision 1. 2. The proposed use of the land is consistent with the intent of the Comprehensive Plan. The conservation easements over the east 5 acres and the eastern property would eliminate the need to create a road extension since the total additional building sites would only add one to North Arm Lane. The North Arm Lane corridor is not fully developed to typical road standards. When the east property develops with an additional residential lot the condition and upgrading of the road will have to be determined at that time. Page 1 of 6 1 i <1 3.The properties to the north and south are either fully developed or have future access planned for new lots. 4..The variance for the wetland crossing is justified based on the fact the wetland crossing is required for access and the access minimizes impact on the wetland and wetland buffer area. 1 he variance also is required based on the proposed driveway entrance being the only available entrance that meets the sight distance requirements. 5. Each lot has demonstrated two septic sites for each lot meeting local and state standards. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Bradley and Carol Pass per preliminary plat drawings by Mark Gronberg. Land Surveyor, Coffin & Gronberg. Inc.. Land Surveyors dated 4-23-02 (attached to this resolution as Exhibit A), subject to the following conditions: 1.Subdivider shall pay the standard Park Dedication Fee and Stormwater Trunk Fees per City ordinance for two building sites. 2.Dedication of drainage and utility easements S' along interior lines and 10* along the perimeter boundaries. 3.Drainage Easements shall be dedicated over the protected wetland and drainage way on Lot 1, any areas required for wetland mitigation by the MCWD, and Outlot A. 4.Prior to residential construction on Lot I, all preliminar>’ and alternate septic sites must be fenced otT prior to any construction activities. 5.The City will grant the necessary variance for the wetland crossing for me driveway to se'' ’ Lots I and 2, subject to mitigation of wetland fill on site and buffer prescr\ ation p< .le MCWD’s permit requirements. 6.Outlot A is intended as a corridor for a shared driveway serving Lots 1 and 2 and shall contain no primary or accessory strucuires. A driveway maintenance agreement shall be executed with the final plat. 7.Outlot B is intended for permanent preservation via a conservation easement, and shall not be used for residential purposes. Page 2 of 6 I 8. Subdivider is hereby advised that preliminary subdivision approval will expire one year from the date of Council preliminary plat approval. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary sur\ey by Coffin & Gronberg, Inc. dated April 23,2002, on file with the City of Orono. B. C. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines, and over Outlot A, per the attached drawing. Flowage and Conservation shall be granted over the wetland on Lot 1 and shall be shown as “drainage easements" on the final plat drawing. D. Naming of plat. 2. Legal documents required: a. Title opinion 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. b. The applicant must provide certified copies of all recorded easements currently affecting the property. Page 3 of 6 c.Revised and executed Conservation and Flowage Easement reflecting legal description changes as noted above. d.The applicant must provide a shared driveway maintenance agreement for the shared driveway within Outlot A. e.Conservation easement over Outlot B providing for the maintenance to the Hennepin Conservation District, and easements shall be recorded that provides access to the conservation area. 3. Fees to be paid. a. b. c. Final plat fee = $225.00 Legal review and filing fees for subdivision and associated documents - $200.00 *Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Jedication fee shall be based on 8% ofthe fair market value of the land, maximum park dedication shall not exceed $5,300 per lot based on the 2002 fee schedule. Park Fees are due for Lots I and 2. d. Storm Water and Drainage Trunk Fee: amount is determined by number of acres being developed (8.86) X $2,700 per acre = $23.922. Outlot B is not being developed and is not being charged a Storm Water and Drainage Trunk Fee. Page 4 of 6 .4. \: I 1 ttmii i Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th day of June, 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 25th day of February, 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 (go On O TOT rd X cr M- rt PRELIMINARY PLAT OF IDYLLVALE FARM FOR BRAD & CAROL PASS IN THE SW 1/4. NW 1/4. SECTION 6-117-23 HENNEPIN COUNTY. MINNESOTA **■ t IM mmm M m* to SCALE rtET •toa an# allw fe«« W Xar M*cr rt > 3I i>i BL19 ^1’' iia III I T73 # r r c City of Orono 2750 Kelley Parkway P.O. Box 66 OroDO, MN 55323 Phone: (952) 29<M600 Fax: (952) 249-4616 MEMORANDUM DATE:June 19,2002 TO:File FROM:Paul Weinberger, 2^ning Administrator SUBJECT: 2002 Fee Schedule Fees to be paid at time of Final Plat Application. 1. 2. Final plat fee = $225.00 Legal review and filing fees for subdivision and associated documents = $200.00 3.Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor’s report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of the land, maximum park dedication fee shall not exceed $5,300 per lot based on the 2002 fee schedule. Park Fees are due for Lots 1 and 2. Storm Water and Drainage Trunk Fee: amount is determined by number of acres being developed (8.86) X $2,700 per acre = $23.922. Outlot B is not being developed and is not being charged a Storm Water and Drainage Trunk Fee. 1 ^ I Bonestroo gjj Rosene ^ S Anderlik & Associates Engineers & Architects ■oncilroo. ffotcn*. Anderlili and Aiioclatct. kK. Is an Ariirmaiiva Actlon/Cduai Opportunity fmployor and fmployat Owned Prlnclpali: Otto G Bonestroo. FE. • Marvin L Sorvala. PE. • Glenn R Cook. PE • ffobert G. Sehumcht PE. • Jerr/ A Bourdon. PC Semor Consullanti; ffobert W ffosene. PE • Joseph C Anderlik. PE »• fftcriard E Turner. PE • Susan M Eberim. C.PA. Associate Principals: Keith A Gordon. PE. • ffobert ff Pfefferie. PE • ffichard W Foster. PE • David O Loskota. PE • Mark A Harson. PE • Micrsael T ffautmana PE • Ted K field, PE • Kersneth P Anderson. PE • Mark ff ffolfs. PE • David A Bonestroo. MB A • Sidney P Williamson. PE. L S • Agnes M ffing. MB A • Allan ffick Schmidt. RE • Thomas W Peterson. PE • James ff Maland. PE • Miles B Jensen. PE • L Phillip Gravel III. PE • Darnel J Cdgerton. P£ • ls<nael Martme/. PE • Thomas A Syfko. PE • Sheldon j Johnson • Dale A. Grove. PE • Thomas A ffoushar. PE • ffobert J Oevery. PE June 12.2002 Offices: St Paul. St Cloud. Rochester and Wiiimar MN • .Milwaukee. Wl • Chicago ll Wkbsite: wwwborsestrcocom Paul Weinberger Zoning Adminisirator/Planner City ofOrono Post OfOce Box 66 Crystal Bay. MN 55323 Re:Brad and Carol Pass Subdivision Flic No. I3y-02-000 Plat No. 02-2768 Dear Paul: We have reviewed the plans for the lot subdivision on the Brad and Carol Pass property. The site is located at 250 North Shore Drive West. We have the following comments with regards to engineering matters: The proposed shared driveway is shown at a 10% grade* the maximum acceptable grade. The constructed driveway should not exceed the proposed grade across Let 1 or Lot 2. Curb and gutter shown on the driveway should be extended to the low point where the proposed culvert is to be installed. Either a direct connection to the culvert should be made (catch basins) or concrete flumes with riprap should be installed to convey storm water from the street to the culvert and drainage way. The curb and gutter 'hould be extended easterly across Lot 2 when that portion of the driveway is constructed. We recommend the installation of concrete curb and gutter rather than bituminous. The applicant should explain how access to Outlot B will be provided. The w est 60-feet of Lot 1 should be dedicated to Hennepin County for roadway and trail purposes as outline in the 4-12-02 correspondence from Jim Grub: at Hennepin County. A 10-foot drainage and utility easement should be provided along the C.R. 19 frontage. Ft «re-foot wide drainage and utility easements should be provided along all interior lot lines. Drainage and utility easements should be provided across all delineated wetlands and drainage ways. A drainage easement should be provided 20-feet wide centered on the drainage way south of the wetland to the south lot line. The driveway construction will impact the Type I wetland delineated on the property. These wetland impacts will need to be mitigated in accordance with the Wetland Conservation Act. It appears that an existing driveway serving the property to the north encroaches upon the northwest comer of Lot I. A driveway easement should be provided if one doesn't already exist. Erosion control measures shall be in place and inspected and approved by the City prior to any work on the site. If you have any questions please call me at (6SI) 6C44863. Yours verv truly. BONES'!ROO, ROSENE. ANDERUK & ASSOCI.^-TES. LN'C. Tom Kellogg' Cc: Greg Gappa. City of Orono 2335 West Highway 36 • St. Paul. MN 5SII3 • 6SI-636-4600 • Fax: 65l*636*l3lt r CityOfOroDO Re: PiAUc Hearing Item* 05. - OnSB June 17.2001 • • • • I; W, ,- • • * " C.^c To Whom It Concern; We live at 32S County Road 19 (North Shtne Drive) atul would like to express our concern over the propoaed uw of this land. The current owners are petitioning to have their land subdivided. The newgiaper notice doesn’t qtecify what their intent is as Cu as developing this properQr. We were concerned to sec that it seems that they intend to leave a 5 acre parcel vacant, as a ’’conservation area”, per the Ulcer. We would like to offer our obsen-ations of w hat th^ seem to consider ”consetvation” to be. Tor the past several weeks, almost every single day, there are several people visiting this property to ride their minibikes and ATVs around in circles on this property for literally hours at a rimg, both during the week and c^ecially on weekends. This land now has a clearly ripped up trail running through. So therefore, before your votes are cast, we just thought we’d make sure you knew what of “conservation” is going on here • obnoxiously loud noise, air pollution and shredded land Sure it is private property and thqr can do what they want with it. but in our opinion thQT are not demonstrating that t^ are the land of property owners and neighbors who deserve aity special fovors. Sincerely Lisa and Tom Buettner Application Date: 4/17/02 Deadline: 8/15/02 TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator DATE:June 10,2002 SUBJECT:UQil-21%% Brad and Carol Pass 250 North Shore Drive West Preliminary Plat Review Lot Area:14 acres List of Exhibits: A B C D E F G H 1 Application Property Owners Notification List Plat Map Lot Layout Septic Review and Comments Hennepin County Plat Review Committee Comments (April 12,2002) Hennepin County Driveway Access Approval Letter (May 21,2002) Planning Report - Sketch Plan Review (April 10.2002) Planning Commission Minutes (April 15,2002) Application Brad and Carol Pass are owners of the property proposed for subdivision. They have applied for a preliminary plat of property located at 250 North Shore Drive West. The property is a 14 acre property to be divided by creating two building sites (Lots 1 and 2), shared driveway (Outlot A), and a conservation outlot (Outlot B). The lots are proposed as follows: Lot 1 = 5.2 acres (2.1 acres diy contiguous) Lot 2 = 3.01 acres Outlot A = 0.65 acre (Driveway Outlot) Outlot B = 4.92 acres (Conservation Outlot) Sketch Plan Review Discussion (April 15.2002) The property owners also own the 20.5 acres located immediately east of this property. The total lot area owned in common is approximately 34.5 acres over three separate parcels. When the City reviews a proposed subdivision the City can require future access corridors to be dedicated for roadw ays. Based on the size of the property it would be appropriate to create a future right of way to connect County Road 19 to North Arm Lane, or north to Bayside Road if there is potential for future development of interior properties. #02-2 7SS Brad and Carol Pass 250 North Shore Drive West Page I of 5 f \ After having discussions with the property owners about the future access corridors an alternative plan was developed that would create two building sites on the west property and create conservation land to the east that would not be developed. That conservation land is shown on the preliminary plat drawings as Outlot B. The parcel directly to the east (approximately 20 acres) is held in common ownership with the property being subdivided. The east property contains two dwelling units, but is only used as one residential site. There is no intent to use the property for two separate residences. One of the units is located above a detached garage, the second is the primary house (215 and 235 North Arm Lane). Enough land would be left out of the conservation easement for one or two future residential lots to the east. The total residential sites would then be 4 or 5 over the entire 34.5 acres. The residential site(s)*on the east property would be determined at such time that that property is subdivided. Access would likely be to North Arm Lane. Under that scenario additional road access would ncu be required between North Arm Lane and the westerly parcel. The option of not requiring a road is beneficial to the property since the existing topography and wetlands are major obstacles to road construction. The total land area that would be dedicated as conservation land, including Outlot B and the portions of the properties to the east, would be maintained by the Hennepin Conservation District. Hennepin Conservation District staff are proceeding with acquiring the easements from the property owners. All easements would be recorded with the plat. Subdivision Standards The general site plan meets all requirements for a front lot/back lot subdivision. Back lots are defined as “a lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a back lot when the corridor is platted as an outlot.." The special requirements for a front lot/back lot division are the back lot (Lot 2), because the property does not have direct access to a road, must meet a minimum of 150% of the minimum lot standards in the zoning district, in this case Lot 2 must have a minimum lot size of 3 acres, and a principal building shall meet a minimum setbacks 150% of the district standard. The lot is in the RR-IB district, which requires a minimum lot size of 2 acres. Setbacks in the district are 50 ’ front and rear yard, and 30 ’ for the side yard. Back lots arc required to have a driveway access a minimum of 30 ’ in width. The shared driveway access meets the minimum requirements. Outlot A is much wider than 30 ’ at the road. This was done to allow the driveway approach to be located at the highest point to provide the best site lines for the driveway. Outlot B will be part of a much larger conservation easement area that will be dedicated to the Hennepin Conservation District. A large portion of the adjacent prop^^'ily will also be part of a land dedication to the Conservation District. The Conservation District would maintain and manage the conservation area. «02-2768 Brad and Carol Pass 250 North Shore Drive West Page 2 of5 3 Ml ■■■> Hennepin County Comments County staff has reviewed the plans. Their comments are attached as Exhibit F. The county has requested a land dedication totaling 60' from the centerline of C.R. 19. Cunently there is a total of 33* from the centerline that is owned by the county. To meet the requirement of Hennepin County the final plat shall dedicate an additional 27 ’ of right-of-way to equal 60'. The purpose for the request is 19 is a designated future bikeway. The City of Orono has not always required the land dedications for additional County right of way. It is a request from the County, but not required. The County does typically request right of way along all its’ roads when property is being platted. The City has identified North Shore Drive as a MinorArterial. Typically a right of way width of 80'-100’ is what is found along these corridors. Staff suggests the property owners discuss the right of way width with the County to determine what the ^appropriate width for dedication be in this location. Currently, no other areas along this right of way are dedicated more than 33*. Only a portion at the north end of 19 has 50' on the west side of the road. A variance is required to permit land alteration in a designated wetland for driveway construction. Dave Zetterstrom, Entrance Permit Coordinator for Hennepin County, has reviewed the plans and noted in his letter dated May 2 1 ,2002 that the proposed driveway entrance is the only location along the roadway frontage where access can be permitted for the propert>. This is due to the terrain and road geometry. The proposed access point is at the top of a hill where there is adequate sight distance. The variance for the wetland crossing is justified based on the fact the wetland crossing is requited for access. The access minimizes impact the the wetland and wetland buffer area. The variance also is justified based on the proposed driveway entrance being the only available entrance that meets the sight distance requirements as required by Hennepin County. A second driveway for a neighboring property is located at the north end of the property. The applicants shall discuss this matter with the adjacent property owner. This may be a good opportunity to grant a driveway easement in favor of the adjacent property owner. This is not a requirement of this plat, but an opportunity for the adjacent property owner to get an access easement. Septic Review Each lot has demonstiated two septic sites for each lot meeting local and state standards. Matt Bolterman, On-Site Systems Manager has approved the designs that were submitted. Staff Recommendation Staff recommends approval of the preliminaiy plat and a wetland alteration variance for the shared driveway based on the following findings: 1. 2. The layout of the lots meets the Zoning Code requirements for a front/back lot subdivision. The proposed use of the land is consistent with the intent of the Comprehensive Plan. #02*2761 Brad and Carol Pats 250 North Shore Drive West Page 3 of5 n 3. 4. 5. 6. The conservation easements over the east 5 acres and the eastern property would eliminate the need to create a road extension since the total additional building sites would only add one to North Arm Lane. (The North Arm Lane corridor is not fully developed to typical road standards. When the cast property develops with an additional residentiat lot the condition and upgrading of the toad will have to be determined at that time.) The properties to the north and south are either fully developed or have future access planned for new lots. The variance for the wetland crossing is justified based on the fact the wetland crossing is requited for access and the access minimizes impact on the wetland and wetland buffer area. The variance also is required based on the proposed driveway entrance being the only available entrance that meets the sight distance requirements. Each lot has demonstrated two septic sites for each lot meeting local and state standards. Such recommendation is based on the following conditions; All preliminary grading and driveway plans shall be approved by the City Engineer prior to placing this application on the City Council agenda for preliminary plat approval. 2.The mitigation plans shall be approved by the MC WD for the area of wetland that would be disturbed for the driveway construction. Such approval shall be completed prior to final plat. 3.Standard drainage and utility easements shall be dedicated on the final plat over all wetlands, wetland mitigation areas. S' along all interior property lines and 10' along all exterior property lines. 4.An access easement shall be granted by the applicants to the public and/or Hennepin Conservation District for access to all conservation areas. Such access should be accepted by the HCD prior to review of this application by the City Council. S. Required setbacks for Lots 1 and 2: Lot 1 Front 50' Side 30' Rear 50' Side adjacent to Outlot A 50' Lot 2 Front 75' Side 45' Rear 75' 6.A land dedication measuring 60' from the centerline of County Road 19 shall be dedicated as right of way on the final plat. 7.The Final Plat shall include simultaneous recording of all easements for conservation areas over Outlot B and the conservation areas over the property to the east. •02-276S Brad and Carol Pass 250 North Shore Drive West Page 4 of 5 .a^ar . ' • M; • 8.Final Plat shall include recording of a shared driveway maintenance agreement for Lots 1 and 2. 9.Final Plat application shall include all required application fees, including payment of park dedication fees of 8% of the land value prior to subdivision, not to exceed $5,300 per lot. Planning Commission Options for Action 1.To approve. A recommendation of approval shall be subject to the conditions noted above. A recommendation of approval will place this item on next available Council agenda. 2. * To deny, stating reasons. To table. Other Action. 3. 4. I02-276I Bfadnd Carol Fhs 2S0 North Shore Drhw West PifeSofS AppUcation # (1:1 ~ Date Received / 7- <3 Ss Amount P^d :5r). «**• fl. CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION ^ Siteaddress __________________ PropertyIdentiflcationNumber(?1D) J? /inn ( Please check one - Property ^ abstract or Attach legal description to application. torrens? APPLICANT ^ Name \ Address Jt c''i L f ^viL City KjyJ Phone (home) Zip^<,^4| Phone (work) SC^*i OWNER (if different than applicant) Name ^^l^J f Address City__Zip Phone (home) . Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size £ 17 Acres Dry Land J o UX Acres Wei Land Present use (check) /"iA Lrf Acres Total, cU parcels Residential; no. of units , ^ V> Other (specify)______ Present Zoning District PROPOSAL _________ Division for Tax T urposes Lot Line Rearrangement Only (no new building sites) _____\/ Subdivision for New Building Sites Number of Building Sites O Existing Units New Units J Total Units Proposed Gross Density Units per/).5 Acres Minimum Lot Size Sq. Ft. Dry Buildable Land Proposed Use (check) ___y Resident!^ y Other (specify) T~( K C7- #2788 yihr^' MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees” listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners Lut of ownen within 3S0' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of thu application. Zoning Official's Signature ____________________________________ Date ____________________________ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of form^ plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature ____________________________________ Date ____________________________ I. APPLICATION FEES (Zoning Administrator to check p(] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) $275.00 _____ Subdivision of a Lot Line Rearrangement $350.00 \/ Subdivision Application (Class I & II) $350.00 _____ Preliminary Subdivision Application $400.00 $30.00.1ot (Class III Sl all non-residential) Final Plat Application (Class IIO $225.00 _____ Legal Review and Filing: _____Subdivision only $100.00 _____Subdivision w/easements and covenants min. $200.00 _____ Park Fees (to be determined per Section 11.62) _____ Legal and Engineering Review Fees (as incurred) _____ Renewal of Class I and II Subdivision Application $200.00 (No change from original application) _____ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) _____ Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $650.00 + $.50/lineal ft.;_____lin. ft. x .50 ■ $ _____ Proposed Public Roads $950.00 + $.50/Iineal ft.;_____lin. ft x .50 $ _____ Request for City to Accept Existing Private Road $950.00 _____ Proposed Sanitary Sewer Main Extension $275.00 + $25/stub _____ Proposed Watermain Extension $275.00 + S25/sti)b _____ Proposed Storm Sewer System (e.xcludirg culverts) $250.00 Totals _____On-Site System, Site Evaluation Review (applicable to rural subdivision applications) S60.00/per lot x_____new lots ______ C. Flexible Application Fees/Misc. Fees _____ Variance $250.00 (S50.00 per each additional variance) ______ _____ Easement Vacation Associated with Subdivision $100.00 ______ _____ PRD A{ plication with Subdiv'sion $35.00/Dwelling Unit ______ The applicant hereby agrees to Provide all informarion 'e^uind or requested by the Zoning Administrator, City Engineer, City Attorney. Platuiing Commission and Coi ncil necA^ry lofpto^eG t^s application and further agrees to pay a|l additional fees established by ordinance. fl J Applicant's Signatur e d J Owner’s Signature __ n 102- /b /O Z- Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commbsion and Council. If an applicant is unable to anend a scheduled meeting, please make arrangements to have an authorized agent anend in your place and to advise the Building & Zoning Office of this change prior to the meeting. » % OC^I RUN DATE t%/U/f2 iATCN StA HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST REPORT NO. PlASSAtl PACE 19 PROP AOOR OWNER NAME TAXPAYER NANE/ADOR SA •1-117-29 11 ttfA •tlSS CO RO NO 19 N A SHEPHARD t N E SHEPHARD NARK A A NARY E SHEPHARD 15S CO RD NO 19 NAPLE PLAIN NN 5SS59 34 tl-llT-EA 14 •••! ••295 CO RD 19 JEFFREY REISER JEFFERY REISER 295 CO RD NO 19 HOUND NN S5344 34 91-117-24 14 9992 99265 CO RD NO 19 EUGENE PAUL JERECZEK EUGENE P JERECZEK 265 CO RD HO 19 HOUND NN 55344 PROP AODR OWNER NANE TAXPAYER NANE/ADOR 34 91-117-24 14 9993 ••395 CO RD NO 19 •RIAN D SALZER/ANDREA SALZER •RIAN 0 SALZER/ANDREA SALZER 395 CO RD NO 19 NN 55344 36 94-117-23 22 9916 •9936 ADDRESS PENDING ERVIN A WACNNAN JR ERVIN A WACHNAN JR 2135 SALEN CT LONG LAKE NN 55354 36 94-117-23 22 9923 99159 NORTH SI»RE OR W S D t J A 0ZU6AY STEVEN 0 I JULIE A OZURAY 159 NORTH SHORE DR W NAPLE PLAIN NN 55359 PROP AOOR OWNER NANE .TAXPAYER NANE/ADDR 36 94-117-23 22 9924 99169 NORTH SNORE DR W ROONEY • COLSON RODNEY • COLSON 169 NORTH SHORE DR NAPLE PLAIN NN 55359 36 94-117-23 23 9991 99936 ADDRESS UNASSIGNED J L A 6RANSEN/C A ARNSTR0N6 JUDITH 6RANSEN 2917 IGLEHART AVE SAINT PAUL NN 55194 36 94-117-23 23 9992 94429 NORTH ARH DR W DONALD A WINTER DON A WINTER 4429 NORTH ARN DR W HOUND NN 55344 PROP ADDR OWNER NANE TAXPAYER NANE/ADOR 36 94-117-23 23 9994 ••339 NORTH SHORE DR N KRISTIAN R LINOEEN KRISTIAN R LINOEEN 339 NORTH SHORE DR W HOUND NN 55344 36 64-117-23 23 9914 •4739 NORTH ARN DR W R JANES I KAREN F HOFFNAN R JANES 6 KAREN F HOFFNAN 4739 NORTH ARN OR W NN 55344 36 94-117-23 23 9917 •4729 NORTH ARN DR W L i GUETZKOW 6 C GUETZKOW LAURA A CHRISTOPHER GUETZKOW 4729 N ARN DR W ORONO NN 55344 PROP ADDR OWNER NANE TAXPAYER NANE/ADOR 36 94-117-23 24 9991 99215 NORTH ARN LA J L ARNSTRQNO ORANSEN ET AL JUOITH ORANSEN 2917 IGLEHART AVE ST PAUL NN 55194 36 94-117-23 24 •••2 •9215 NORTH ARN U J L ARNSTRQNO ORANSEN ET ML JUDITH ORANSEN 2917 IGLEHART AVE ST PAUL HH 55194 36 94-117-23 24 9993 •9936 ADDRESS UNASSZGNED CITY OF ORONO CITY OF ORONO P 0 OOX 44 CRYSTAL SAY NN 55323 PROP AODR OWNER NANE TAXPAYER NAIK/ADOR 36 94-117-23 24 9913 99349 NORTH ARN LA JANES R 6 ADRIENNE N NEILSON JANES R NEILSON 349 NORTH ARN LA NOUND NN 55344 36 94-117-23 24 9915 •9340 NORTH ARN LA DAVID E 6 CARU J SZPPREU DAVID E I CARU J SIPPRELL 345 NORTH ARN LA NOUND NN 55344 TOTAL OATCH 594 99917 U -■ /fr' . O O ’ I :r i\ '-W • ‘ L OCk RUN MTt M/U/92 MTCM SI* tCNNEPIN COUNTY PRORCRTV INFORtUTlON SVSTCN fROPERTV ONNERS LIST L OHNER NMK TAXPAYER NANE/AOOR ONNU NAME .TAXPAYER NANE/AOOR PROP AOOR ONNER NANE TAXPAYER NANE/AOOR OMNER NANE TAXPAYER NANE/AOOR ONNER NANE TAXPAYER NANE/AOOR REPORT NO. PIASSAIl PACE 19 PROP AOOR ONNER NANE TAXPAVER NANE/AOOR S* I1-U7-29 11 MM MISS CO RO NO 19 N A SNEPNARO INC SHEPHARD nark a I NARY E SHEPHARO 15S CO RO NO 19 NAPLE PLAIN NN SSSS9 3* ll*117*29 19 Mil M2IS CO RO NO 19 JEFPREV REISER JEFFERY REISER 2IS CO RO NO 19 NOUNO IW S5S99 3* I1-117-29 19 MI2 M28S CO RO NO 19 EUCENE PAUL JERECZEK EUGENE P JERECZEK 265 CO RO NO 19 NOUNO HN SS399 39 I1-117-29 19 6M3 M3M CO RO NO 19 RRIAN 0 SALZER/ANDREA SALZER RRIAN 0 SALZER/ANOREA SALZER SIS CO RO NO 19 NWNO NN SSS99 36 I9>117-2S 22 M16 MISO AOORESS PENDING ERVIN A NACHHAN JR ERVIN A NACHNAN JR 2135 SALEN CT LONG LAKE NN 55359 36 I9-117-2S 22 1123 11151 NORTH SHORE OR N S 0 I J A OZUOAV STEVEN D I JULIE A DZUBAY 151 NORTH SHORE OR H NAPLE PLAIN HN 55359 36 M-117-2S 22 6129 MIGI NORTH SHORE OR H ROONEY 0 COLSON ROONEY 0 COLSON 166 NORTH SHORE OR NAPLE PUIN HN 55359 30 19-117-23 23 Mil MISO AOORESS UNASSIGNEO J L A ORAHSEN/C A ARNSTR0N6 JUDITH ORANSEN 2117 I6LEHART AVE SAINT PAUL NN 55119 36 69-117-23 23 1112 M92I NORTH ARN DR N OONALO A HINTER DON A HINTER 9921 NORTH AIM OR H HOUND NN 55399 SO 19-117-23 23 6119 MSSI NORTH SNORE OR N KRISTIAN R LINOEEN KRISTIAN R LINOEEN SSI NORTH SHORE OR H HN 553*9 SO 19-117-23 23 111* M7SI NORTH ANN OR N R JANES I KAREN F NOFFHAN R JANES I KAREN F HOFFNAN 9731 NORTH ARN OR N NOUNO NN 55399 36 19-117-23 23 1117 19720 NORTH ARN OR N L 0 6UETZK0N I C 6UETZK0H LAURA I CHRISTOPHER 6UET2K0H 9721 N ARN OR H ORONO HN 55399 SO M-117-2S 29 Mil IMIS NORTH ARN LA J L ARNSTR0N6 ORANSEN ET AL JUDITH ORANSEN 2117 16LEHART AVE ST PAUL HN 55119 SO 69-117-23 29 1112 M21S NORTH ARN U J L ARNSTRONO ORANSEN ET AL JUOITN ORANSEN 2117 16LENART AVE ST PAUL NN 55119 36 19-117-23 29 MIS MISO AOORESS UNASSIGNEO CITY OF CITY OF P O SOX 99 CRYSTAL OAV HN 55323 SO 19-117-23 29 MIS MS9I NORTH ARN U JANES R I ADRIENNE N NEILSON JANES R NEILSON 391 NORTH ARN U HOUND HN SSS99 SO I9-117-2S 29 MIS MS95 NORTH ARN U OAVIO E I CARU J SIPPRELL OAVZO R S CARU J SIPPULL 39S NORTH ARN U SSS99 TOTAL HATCH 119 IM17 «r. /* u O) o o I } -A ' PRELIMINARY PLAT OF IDYLLVALE FARM FOR BRAD & CAROL PASS IN THE SW t/4, NW 1/4, SECTION 6-117-23 HENNEPIN COUNTY. MINNESOTA HUH-J SCALC M FCCT rl«a«» Ml r« •• V^'li I (Ut'd. H T -------»-LViir ■; j: t. vk rv^ f »*. ^ /y II /o •, - '.;- :w9f-r:, t, \\ CITYor ORONO ManJcipiU StTMtlMmS: 2750 Kell«y Partiwty Orono, MN 55356 MaMqi Mints: P.O. Box 66 Ciystal Bty, MN 55323 0066 TO:Paul Weinberger FROM: Matt Bolterman, On-Site Systems Manager DATE:June 6,2002 SUBJECTT: Septic Review for Idyllvale Farm 2-lot Subdivision The property for Idyllvale Farm has two approved plans for mound septic systems on each of the two proposed lots. The report was done by Rusty Olson on May 2,2002. The sites are for 5-bedroom septic systems. These sites meet all Orono and State Septic Code requirements. I reconunend approval based on septic concerns. lUtphoMCfSSJliMiM • Pax(9^24Mili Hannspin County Transportation Department Hennepin 1600 Prairie Drive Medina, MN 55340-5421 763-745-7500, Phone 763-478-4000, Fax 763-478-4030, TDD www.co.hennepin.mn.us April 12,2002 Mr. Paul Weinberger, Zoning Administrator City of Orono 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 Re: Proposed Plat - Pass Subdivision eSAH 19, South and East of CSAH 84 Section 6, Township 117, Rai^e 23 Hennepin County Plat No. 2670 Review and Recommendations Dear Mr. Weinberger: • The developer should provide, via dedication and/or easement a 60' wide comdor from and alone centerline of CSAH 19. This sement of CSAH 19 is a designated bikeway on the city/county ph and the attached typical section demonstrates this design.and the attached typical section demonstrates this design. The access, via a shared driveway across Outlot 'A', is acceptable to Hennepin County. the appropriate permit forms. Please direct any response to Dave Zetterstrom at 763-745-7643. Sincerely, James N. Grube, P.E. Director Transportation Department JNG:DKZ c. Plat Review Committee - Byers/Johnson/Lindgren/Holtz/Snuxka/2^tterstrom Rob Wied, Hennepin County Surveyor's Office Ben Tellefson, Hennepin County Permits Office An Equal Opportunity Employtr Recycled Paper 1 Hennepin County Transportation Department Hennepin 1600 Prairie Drive Medina. MN 5S340-S42I 763-745-7500, Phone 763-478-4000, Fax 763-478-4030. TOD www.co.hennepin.mn.us May 21, 2002 S I • I ^ • Mr.* Paul Weinberger, Zoning Administrator CityofOrono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Re: Pass Subdivision, CSAH 19 Paul: As noted in our Plat Review (No. 2670), the shared driveway approximately 100 feet north of the plat's south boundary is "acceptable". Due to terrain and road geometry, this is the only location along the plat / roadway frontage where access can be permitted. Any other location would not meet the county's sight-distance requirements and would create a safety hazard to site user and the motoring public. Furthermore, the existing driveway near the plat's north boundary is substandard and is thereby a "grandfather" circumstance. Please call me at 763-745-7643 with questions or discussion. Sinctfely,1 David K. Zetterstrom Entrance Permit Coordinator c. Mark Gronberg, Gronberg & Assoc. An iqual Opportunity imphyer IkeyckdPoper i /£ H TO;Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator DATE:April 10,2002 SUBJECT: #02-2768 Brad and Carol Pass 250 North Shore Drive West Sketch Plan Review Lot Area: 14 acres List of Exhibits: A B C D E F G Application Applicant Letter - Request for Concept Plan Review Plat Map Orono Wetland Inventory Map Lot Layout City Engineer Comments MCWD Comments Application Brad and Carol Pass are owners of the property proposed for subdivision. They are requesting a sketch plan review for a front lot/ back lot subdivision of property. The property is a 14 acre property to be divided by creating two building sites (Lots 1 and 2), shared driveway (Outlot A), and a conservation outlot (Outlot B). The lots are proposed as follows: Lot 1 = 5.3 acres (2 acres dry contiguous) Lot 2 = 3.01 acres Outlot A = 0.65 acre (Driveway Outlot) Outlot B = 4.92 acres (Conservation Outlot) The property owners also own the 20.5 acres located immediately east of this property. The total lot area owned in common is approximately 34.5 acres over three separate parcels. When the City reviews a proposed subdivision the City can require future access corridors to be dedicated for roadways. Based on the size of the property it would be appropriate to create a future right of way to connect County Road 19 to North Arm Lane, or north to Bayside Road if there is potential for future development of interior properties. After having discussions with the property owners about the future access corridors an alternative plan was developed that would create two building sites on the west property and create conservation land to the east that would not be developed. The conservation land would be 5 acres on the property being subdivided and additional land to the east would be a dedicated conservation easement. The east parcel is approximately 20 acres in size. There are two dwelling units located -n-rfnfiKTfnm I on the 20 acre parcel, but this parcel is only used as one residential site. There is no intent to use the property for two separate residences. One of the units is located above a detached garage, the second is the primary house (215 and 235 North Arm Lane). Enough land would be left out of the conservation easement for one additional, future residential lot. The total lots would then be 4 over the entire 34.5 acres. The second residential site on the east property would be determined at such time that that property is subdivided. The individual parcel would access North Arm Lane. Under that scenano additional road access would not be required between North Arm Land and the westerly parcel. The option of not requiring a road is beneficial to the property since the existing topography and wetlands are major obstacles to road construction. Sketch'Plan Review The Sketch Plan Review is required for this subdivision because the subdivision will require flexible zoning . The flexible zoning for this application is a variance for land alteration and placement of a driveway within a designated wetland area and within 26 ’ of the wetland. The only land alteration and hardcover that will be located within the wetland is for the crossing The MC WD will also require a permit for the work. Staff has reviewed the access issue with the applicant and has determined the proposed driveway access has the least impact on the wetland. There is no possible access to County Road 19 without crossing some part of the wetland. are ins The general site plan meets all requirements for a front lot/back lot subdivision. Back lots . defined as "a lot typically separated from a public or private road by another lot and which gai access to the public or private road via a narrow corridor. Such a separated lot is considered to bi a back lot when the corridor is platted as an outlot..” The special requirements for a front lotAiack lot division are the back lot (Lot 2), because the property does not have direct access to a road, must meet a minimum of 150% of the minimum lot standards in the zoning district, in this case Lot 2 must have a mimmum lot size of 3 acres, and a principal building shall meet a minimum setbacks 150% of the standard. The lot is in the RR-IB district, which requires a minimum lot size of 2 Setbacks in the district are 50 ’ front and rear yard, and 30 ’ for the side yard acres. Back lots are required to have a driveway access a minimum of 30 ’ in width. The shared driveway access meets the minimum requirements. Outlot A is much wider than 30 ’ at the road This was done to allow the driveway approach to be located at the highest point to provide the best site lines for the driveway. Outlot B will be part of a much larger conservation easement area that will be dedicated to the Heiuiepin Conservation District. A large portion of the adjacent property will also be part of a land dedicauon to the Conservation District. The Conservation District would maintain and manage the conservation area. City Engineer Comments Tom Kellogg. City Enginew. h« subouttai comments that« atuched to this oKmo. His priniaiy ct^utbeptoposedgiadesfortlwdriveway. Tlie existing topography will make a safe driveway difficult if existing grades are used. The grades would be in excess of 20% for the east 150* of the driveway. Typically, the City recommends driveways do not exceed a slope of 10%. The comments have been forwarded to the applicants and they will be developing a plan that addresses the driveway slope issue. Staff Recommendation Staff recommends conceptual i^proval of the Sketch Plan subject to the following findings: 1. 2. 3. 4. 5. The layout of the lots meets the requirements for a front/back lot subdivision. The proposed use of the land is consistent with the intent of the Comprehensive Plan. The conservation easements over the east 5 acres and the eastern property would eliminate the need to create a road extension since the total additional building sites would only add one to North Arm Lane. (The North Arm Lane corridor is not fully developed to typical road standards. When the east property develops with an additional residential lot the condition and upgrading of the road will have to he determined at that time.) The properties to the north and south are either fully developed or have future access planned for new lots. The variance for the wetland crossing is justified based on the fact the wetland crossing is required for access and the access minimizes impact on the wetland and wetland buffer area. Such recommendation is based on the following conditions: 1.Applicants shall provide an engineered grading plan demonstrating improved driveway grades acceptable to the City Engineer with a Preliminary Plat application. 2. Applicants shall make application within 90 days for a Preliminary Plat. 3. The Final Plat shall include simultaneous recording of all easements for conservation areas. Planning Commbsion Options for Action A Sketch Plan Review does not require a formal action by the Planning Commission. The Plaiming Conunission can use this opportunity to provide feedback on the lot layout and wetland variance request to the subdividers. Application# DatcRccdTcd 3-/y~o2. Amount Paid .f 2.7 S' CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION ^ Siteaddrcss tonens? Property Identification Number ^ID) 2'K Please check one - Property ^ abstract or __ Attach legal description to application. APPLICANT^ w Name VteciA Address A^3i> /it^ ^n,______Phone (home) 7ii »c><i ZipPhone (work) ^tVnii cr.^*r OIVNER Of different than applicant) Name Address____________________ City______________________ (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District Zip Phone Oiome). . Phone (wodc) C U-S. t^T .0 ttx Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ PROPOSAL ________ Division for Tax Purposes ________ Lot Line Rearrangement Only (no new building sites) \/ Subdivision for New Building Sites Number of Building Sites o Existing Units 3 New Units 3^ Total Units Proposed Gross Density Units pcr/3.5 Acres Minimtun Lot Size D.^,0 ^ Sq. Ft Dry Buildable Land Proposed Use (check) vX Residendal y Other f8PCcifv'lV?ALc>%>oL«--7*'T #2768 flPR-10>2e02 23:24 P.02 DATE: TO: 4/09/02 RoclRonken CoQsecvation Specialist Hennepin Conservation I^trict 6900 Wedgewood Rd., Suite 140 Mn)le Grave, MN SS369 Phone: 763-^2157. Fax: 763-494-3176 FROM: - - .-r >• —T ^ RE: DearRoel. Brad& Carol Pass MplSn MN SS404 Phone: 612-721-4509. CeH: 612-916-8478, Fax: 612-722-5509 F-m«n- bpassOuaintenieLcom. Conservation Easement __________________________ • I i Thank you and David ThUl for the meeting toady and your invaluable help and support in ow commitment to preserve the natural features of a nmor portion ot Carol s family home|eteM y means of a permanent conservation easement in favor of The Hennepin Conservation Distnct. In addition to creating a Conservation Easement on Outlot B as depicted on the “Proposed SubdiridoD Ftor Bad it Cuol put of the conem PID « 06-1 alio is the prooees of deagsittot a ti(iiiftcast poitioo of the tite*olarly jtaped PID # Ofr J 7^^24 0001 to be incliulcd in a pcnnMtnt Conseivatioii EtscmcoL Mfttk Oioobcrg of Cronwrg & Associates. Inc. Civil Engineefs. Land Surveyors, dc Land define most of the western portion and all of the northern portion of tius PID nun^r. This wiU include all of die wetland ^ many other natural features, and, in addition, will also pennanentiy prevent development on several predetermined building aites. W« hive reviewedyour “Gramof JEwrnenr coQ^^ on .ataSfteriVmd preserving your Qmservation Easement portfoho, we are learfy Ip gnnjw Henn^ Conservation District the permanent Conservation Easements tnmsaction will take place concuneot witii our doting on, or about, the 26“ of May, Turn. Thanks again for your timely and professional astistance. • • SmcAly, Brad ft Carol Pass Cd Chuck Alcon Torn. P.02 March19.2002 City of Orono 2750 Kelley Parkway Orono. MN. 55356 Attn: Honorable Mayor and City Council Members Subj: Request for Concept Plan Review End: 1) Subdivision Application with Fee 2) Concept Plan 1. Enclosures 1) and 2) are hereby fonvarded for you review and comment. The pre-submission meeting with Staff was completed on March 6,2002. 2. As a matter of introduction to your City, we are Brad and Carol Pass. Carol is one of four siblings who currently own the property and Carol and Brad are the prospective new owners of the property described below, for which a purchase agreement has been executed, for a projected closing in the late May 2002 timeframe. There are 3 PIO’s involved in this purchase agreement; 06-117-23 23 0001 (13.9 acres). 06-117-23 24 0001 (19.4 acres), and 06- 117-23 24 0002 (0.5 acres). Our Intention is to develop only a portion of the 13.9 acre parcel into two saleable lots to help defray the cost of the overall purchase; a conservation easement will be applied to the undeveloped portion of this 13.9 acre parcel. 3. Referring to the enclosed Concept Plan, the two lots proposed meet all City requirements and both will have shared access on County Road 19. The shared driveway may cross a portion of a wetland (delineation pending, to complete prior to Preliminary Plat submission) but will be designed to have a minimum effect on the wetland with a culvert to maintain natural water flow. 4. With respect to the conservation easement, the type and benefactor are yet to be determined; these specifics, with City input, will be determined and proposed with the submission of the Preliminary Plat. Bra3^ Pass /^ J. •• I flPR-10-2002 23:23 P.01 DATE: TO; 3/21/02 RodRookeii Conservation Specialist Henn^in Conservadon District ^OQ Wedgewood R<L, Suite IdO Maple Grove, MN 5S69 Pbone: 763-420-2157. Fax: 763-494-3176 SCvt %L ^To Vrk 3 lJc. ^ FROM:Bradley J. (Brad) Pass & Carol Ann Pass Mpls.. MN SS404 f . V- nt^n RE* Phone: 612-721-4509, Cell: 612-916-8478, Fax: 612-722-5509 B-mail: bpass®usintemeLcom Conservation Easement Dear Rod I am writing to ixutiate the process necessary to implement a Conservation on Outlot B as depicted on the accompanying *TYoposed Subdivision For Brad & Carol ", As we discussed in our phone conversations, we are dedicated to the permanent preservadon of a mqor portion of the land we are purchasing at the North end of North Arm, ?^tr* Miimetonka. This land is at the top of the Minnehaha Watershed District and is very important to the water qualiQi of North Arm Bay on Lake Miimetonka and this district The Property Idenrificadon Number for the first parcel we are dealing with b 06-117-23-23- (XX)1. It is legally described as; **That partof the Southwest (Quarter of the Northwest (Quarter of Section 6, Township 117 North, Range 23west of the 5^ I^cipal Meridian, lying north of the South 8545 feet of said Southwest Quarter of the Northwest (^uarter^. We are suMvi^g tins parcel, as mdicated on the accompanying Preliminary Platt This subdivision will provide two lots, which we will sellinorder to make the bveridl purchase and subsequent conservation easement protection, more affordable. Lot 1 and Lot 2 will be sold and we wish to permanently protect Outlot B with a Conservation Easement Outlot B ipctndM u original maple/basswood/oak forest Note that the wetland area on the west end of this parcel is also protect^ from development We await your suggestions as to how to beat achieve our goals with regard to this land. Thankjou, Brad & Carol Pus r C‘\ M PROPOSED SUBDIVISION FOR BRAD 8c CAROL PASS IN THE SW 1/4. NW 1/4, SECTION •>! 17-23 HENNEPIN COUNTY. MINNESOTA 1 't'V.WW'.Wlr DBMF HUH-J gtassaa*—*** MfMai SCALC rcrr 1 • • 9 /N ^Tol* >41 '.i MM!iriini-ifTinf i»MMi-ii^anli n...-I — ------- —— — --------.'■w., -------■ ~ ■•■ '^~-' HI Id! Bonestroo Rosene Anderlik & Associates ioitm. Anderlik and Aifoclacei. inc. It an Affirmative ActloiVIdwai Odportomlfy Impleyer and Imployee Owned Engineers & Architects April 1.2002 frlnclpafi: Otto G. lonestroo. PI. • Marvin L. Sorvala. PM. • Glenn P. Cook. Pt • RokCfC G SchumckC. Pt • Jerry A Bourdon. PL Senior Consultant»; Robert W. Rosene. Rf. • Joseph C Anderlik. PE. • Richard E. Tbmer. PJ. • Susan M. Eberim. C PA Associate Principals: Keith A. Gordon. PM. • Robert R. Pfefferte. PM. • Richard W Poster. PL • David O. Loskoca. PL • Mark A. Hanson. PL • Michael T. Rautmarm. PL. • Ibd K. Pield. PL • Kertneth P Andersoa PL • Mark R. Rolfs. PI • David A Bonestroo. MBA • Sidney P WiMamson. PL. LI • A^ies M. Ring. MJA • Allan Rick Schnedt PL • Thomas W Peterson. PL • James R. MalandL Pf. • Akies B Jcnsca PL • L Phillip Gravel IB. PL • Damei J Edgerton. PE • Ismael Martmef. PL • Thomas A Syfko. PL • Sheldon J. Johnson • Dale A Grove. PL • Thomas A Roushar. PL • ’ Robert J Devery. PL Offices: St Paul. St Cloud. Rochester and Wtiimar. MN • Milwaukee. Wi • Chicago. 11 BMibsile: wwwbonestroo.com Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, MN SS323 • • —• •••.. Re: Brad and Carol Pass Subdivision File No. 139-02-000 Plat No. 02-2768 Dear Paul: We have reviewed the sketch plan request from Brad and Carol Pass for a lot subdivision. The site is located at 250 North Shore Drive West. We have the following comments with regards to engineering matters: The proposed subdivision will create two lots and two outlets. Access to Lot 2 will be across Outlot A. Existing grades within Outlet A are 12% east of C.R. 19 and in excess of 20% across the easterly ISO-feet of Outlot A. Driveway grades should not exceed 10%. It is unclear how the driveway to serve Lot 2 can be constructed at a 10% grade or less. It appears that the subdivision will create a land locked parcel (Outlot B). The planning commission and council should review and discuss access to Outlot B. The west 33-feet of the property should be dedicated to Hennepin County for roadway purposes. A 10-foot drainage and utility easement should be provided along the C.R. 19 frontage. Five-foot wide drainage and utility easements should be provided along all interior lot lines. Drainage and utility easements should be provided across all wetlands, drainage ways and ponding areas. It appears that an existing driveway serving the property to the north encroaches upon the northwest comer of Lot 1. A driveway easement should be provided if one doesn’t already exist. If you have any questions please call me at (651) 604-4863. 9 Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC Tom Kelldgg Cc: Greg Gappa, City of Orono 233S West Highway 36 - St. Paul. MN 55113 • 651-636-4600 • Fax: 6St-636-Utl I PPft-90~2BB2 13:55 himchphr creek urtershed 6124710682 P. 01/01 MEMORANDUM DATE: TO: FROM: RE: April 3,2002 Paul Weinberger. City of Orono; Brad Pass Michael Wyatt, District Technidan Permits for 250 North Shore Drive West This manno is designed to inform the City of Orono and the property owner at 250 North Shore Drive West in the City of Orono that fnvn the current proposal, the project proposed at the location stated above appears to require permits fi^ the Minnehaha Creek Watershed District. Due to the size of the project, it Is apparent that the new home construction will involve the significant amount of excavation (5000 ft.^ or 50 ft’) required for the MCWD Rule B: Erosion Control permit In addition, there appear to be wetland impacts from the construction of a driveway access. Permits for such construction will require Board of Managers approval. Applications such as these typicany require 30-45 days prior to pemnits being Issued. Please submit an application for this project for District review as soon as possible. Delays in submittals will ultimately delay the project timeline. Please mail the endosed application to: Attn: District Technidan Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road. Suite 140 Excelsior. MN 55331 t i 1 . A. .. i MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 15,2002 6:30 o’clock p.m. (#02-2778 Manley Brothers, Continued) Hawn moved. Smith seconded, to recommend approval of Application #02-2778, Kevin Manley, 1973 Fagerness Point Road, granting of a variance to permit the raising of the existing house from m Wi story to a full two story, and to recommend denial of the variances for the construction of a deck between the garage and the house based on the proposed structural coverage. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW ^ (#10) #02-2768 BRAD AND CAROL PASS, 250 NORTH SHORE DRIVE WTST, SKETCH PLAN REVIEW Brad and Carol Pass, Applicants, were present. Weinberger stated the property owners are requesting a sketch plan review for a front lot/back lot subdivision of property. The property is a 14-acre property to 1^ divided by creating two building sites, shared driveway, and a conservation outlot. The property owners also own the 20.S acres located inunediately east of this property. The total lot area owned in common is appro.ximately 34.S acres over three separate parcels. Weinberger noted a sketch plan review is required for this subdivision because the subdivision will require “flexible zoning*’, llie flexible zoning for this application is a variance for land alteration and placement of a driveway within a designated wetland area and within 26 feet of the wetland. “The only land alteration and hardcover that will be located within the wetland is for the crossing. Staff has reviewed the access issue with the Applicants and has determined the proposed driveway access has the least impact on the wetland. There is no possible access to County Road 19 without crossing some part of the wetland. The proposed site plan meets all requirements for a front lot/back lot subdi\’ision. The lot is in the RR-1B district, which requires a minimum lot size of two acres. The Applicants are proposing a plan that would create two building sites on the west property and create conservation land to the east Utat would not be developed. The conservation land would consist of five acres on the property being subdivided and the additional land to the east would be a dedicated conservation easem'^nt. The east parcel is approximately 20 acres in size. There are two dwelling units located on the 20 acre parcel, but this parcel is only used as one residential site. There is no intent to use the property for two separate residences. Staff recommends conceptual approval of the sketch plan subject to the conditions outlined in the Planner’s Report. Mr. Pass stated it is their intent to preserve the land as much as possible by creating the conservaHon land. Hawn inquired whether the Applicants plan to live in the existing buildings. Pass stated they would use that land for themselves. PAGE 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 15,2002 6:30 o’clock p.m. (#02-2768 Brad and Carol Pass, Continued) Mrs. Pass indicated they would like to preserve as much of the land as possible as well as the trees, which is the reason for the conservation land. Pass stated they would be able to gain access to Lot B from the east, with no access from Lot 2. It was the consensus of the Planning Commission to give conceptual approval of the site plan for a front lot/back lot subdivision. PLANNING COMMISSION COMMENTS (#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS MARCH 25, 2002 AND APRIL 8,2002 Hawn stated she attended the April 8* Council meeting, noting that the Twidwell application was approved by the Council. Hat^n stated the discussion centered around that the proposal was better than what was existing. Kluth stated he attended the March 25“' Council meeting. Kluth indicated they discussed the work session on home occupations and that he requested some standards be established on rebuild versus remodel. Kluth stated he also requested the Council consider a sunset provision on variance renewals. Gaffron stated that item is on the May 1 “ work session agenda, and that they are considering limiting the number of times a variance can be renewed. (#12) OTHER ISSUES FOR DISCUSSION Hawn noted the City is hosting an open house on May 18*, and requested anyone interested in manning an informational table at this event to contact her. Smith inquired when Orono’s cleanup days are scheduled. Gaffiron stated they are scheduled the weekend before and after May 18*. Smith reported she attended the Environmental Planning - Choosing the Best Approach for your Community Workshop sponsored by the Government Training Services. Smith stated the focus of the workshop was on when an ElS is required versus an EAW. Smith stated she does have materials from the workshop if anyone is interested in renew ing them. Gaffron stated there is an upcoming training session scheduled in Shorewood on April 27* from 8:4S to 3:00 p.m., and requested all interested Planning Commission members notify him by the end of the week if they are interested in attending this work session. Hawn noted that Daniel Kluth has decided not to renew his term on the Planning Commission. Hawn thanked Kluth on behalf of the City for his service on the Planning Commission. PAGE 26 Application Date: 6/4/02 Completion Date: 6/4/02 60 Day Deadline: 8/4/02 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner CnriMr'ii meeting JUN 2 4 2002 CirVOFORONO DATE: 6/20/02 ITEM NO.: ^ Agenda Section: Zoning Item Description: 002'2792 Paul and Kay Studebaker 250 Ruann Road Variances Zoning District: Lot Area: LR-IA (2 acre) 1.5 acres List of Exhibits: A Resolution B Staff Report and Exhibits of 6/17/2002 1. Section 10.23, Subdivision 6 (B): Lot Area: The lot is 1.5 acres where 2 acres is the minimum lot area for the LR-1A zoning district for new construction. Application Summaiy: The applicants own the subject property and are requesting a lot area variance to construct a new residence on the lot. The existing residence that was constructed in the early 1950's will be demolished. The lot is approximately l.S acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The subject property is serviced by an on-site septic system. The applicants have provided primary and alternate septic site locations for the property. On Site System Manager, Matt Bolterman, has reviewed the proposed septic system and recommends approval in regards to septic concerns on the property. PLANNING COMMISSION: The Planning Commission recommended by a 6 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. f Lai ■in A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B), FILE NO. 02-2792 WHEREAS, Paul Studcbaker and Kay Studebaker, husband and wife, (hereinafter "the applicants") are the owners of the property located at 250 Ruann Road within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A. (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit new residential construction on a 1.5 acre lot where 2 acres is required. 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 June 17,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #02-2792. The property is located in the LR-IA Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.5 acres. 3.The Orono Planning Commission reviewed this application on June 17, 2002 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1950. B.The site plan indicated the proposed setbacks of 55' and 190’ to the side property lines, 95* to the rear property line and SO' to the front property line. 1 of6 which meets the minimum requirements of the LR-1A zoning district. C. The lot can be developed without the need for further variances. D. There is no additional land to combine w ith the property. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City StafT, 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 a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow new residential construction on a 1.5 acre lot where 2 acres is required. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive 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 (June 24,2003). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any 2 of6 f authority granted herein, and shall be punishable as a misdemeanor. 4, The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of June, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of June, 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 The foregoing instrument was acknowledged before me on this day of June, 2002 by Linda S. Vee. City Clerk of the City of Orono, a Minnesota municipal corporation and said 3 of 6 instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me. day of .2002,personally appeared who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ., 2002,personally appeared before me. who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of.., a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 4 of6 ------- Exhibit A EXISTING PROPERTY DESCRIPTION from plol of KAKCnOO FAMS 1MR0 AOOmON) Ihot port of Uio Wost Hoir of tho Southwost Ouorttr of ooid Soction 36 lying Northorty of tho conttrtint of Old Long Loko Rood (formerly County Rood No. 27). described os foliowss Commsncing ot the Northwest corner of soid West Holf of the Southwest Quorter; thence on on ossumed beoring of South 0 degrees 00 minutes 40 seconds Cost olong the West line of soid West Holf of the Southwest Quorter o distonce of 502.50 feet: thence South 44 degrees 39 minutes 40 seconds Cost o distonce of 168.17 feet: thence South 32 degrees 42 minutes 40 seconds Cost o distance of 553.05 feet to the point of beginning of the exception to be described: thence South 52 degrees 42 minutes 40 seconds Cost o distonce of 12.28 feet: thence along o tongentiol curve to the left having o rodius of 980 feet ond o centrol angle of 12 degrees 10 minutes 30 seconds o distonce of 206.25 feet; thence North 32 degrees 54 minutes 20 seconds Cost o distonce of 328.52 feet: thence North 57 degrees 05 minutes 40 seconds West o distonce of 220 feet: thence Southwesterly to the point of beginning. Page 5 of 6 L Certificate of Survey ond Proposed Site Overlay Exhibit |B CRAMER DESIGNERS & BUILDERS 5500 Lincoln Or. Edino. MN 55436 OrowMQFM: 2002-MO-7.300WC Project No. 2002-310-L Won monwm«nl found Iron monumoni onl ond morktd •ith liconM Na 23960 OffMt iron Oroino^o * CoMmont CLCCTRIC MCTUt CLCCmiC P0«UI POLl TCLCPHONC BOX SOIL BOBtNC NOTES EXISTING PROPERTY DESCRIPTION (Ciceliw Irvi if BMUnaO fAMS IMIO AOOillOM) 1. Bdncfunortu Top of boundory iron ot W»o Northoott comor of Porcdt LO. No. 36-11S-23-32-0004 (por Coffin k Cronbor^ Inc., Lond Suruoyort). Thot p«t of 1M Wttt Hoif of tho Sowin«t«t Ouortor of toi6 Soctipn 36 Iyin9 Norlhtfiy of Uio contorimt of Old Long LoLt Rood (formorly C^nty Rood Na 27). dttcripfd os foSons: 2. This Surety is for dosign purpoSM only. Boundory ond oossmsnt mformotion to bo oddod ponding rocoipl of Currsnl dstd ond UUo informolion. 3 Tho boundory informolion iho«n horoon is bosod on iho oicoption from iho rocordsd plel of VAKCnCLO fARyS TH iRO AOOITKSN. ond is Ofbjtct to rovition ponding roso^t of curroM tiUo eommitmont. 4. No oaisting ootomonit oro knom» ot this tima Cwnmoncing ot tho Northuost comor of SO«d Wost Holt of tho S««lh*ost (hrortor; thonco on on ossumod booroig of South 0 dogroos 00 minutos 40 soconds Cost ^ong tho Wost l^o of soid Wost Hoif of tho Southuost Ouortor o distoneo of M2 M foot: thonco South 44 dogroos 39 minutos 40 soconds Cost s distoneo of 18617 foot; thonco South 32 dogroos 42 minutos 40 soconds Cost o distoneo of SS3 OS foot to tho po^t of bogir^g of thb oacoption to bs dsscrWod; thonco South 92 dogroos 42 minutos 40 soconds Cost s distoneo of 12.28 foot; thonco olong s tsngsntioi curuo to tho loft homing o rodhrs of 960 foot snd o control of 12 doyoos 10 minutos 30 soconds s distoneo of 206 25 foot; thonco North 32 dogroos 54 minutos 20 soconds Cost o distor»eo of 32652 foot; thonco North 57 doyoos 05 minutos 40 soconds Wost o distoneo of 220 foot; thonco Southoostsrty to tho pomt of beginning. I hdfftoy ctrlify thol this furvoy. plon or ftporl was pftportd by mg or under my direct super vision ond thot I om o duly Registered Lond Sumdor under the iW of the Stote of Minnesota.RLK BuluUb. MN Mom LsIio. MN Nlbbloi. MN Mlwwsiswks, MN June 4. 2002 e all _ 23968 Dote Pbooot rest m.fUi ISii k*hui 63S-069t 633-1163 1116 MweCIcele Dr.« SeiU fiOO* Mtooeisiike. MN 66366 f t , t Papa ftf 6 w^- t •I . t TO:Chair Hawn and Orono Planning Conunission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: June 13,2002 SUBJECT:#02-2792 Paul and Kay Studebaker 250 Ruann Road Variance — Public Hearing Zoning District: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) l.S acres Lbt of Exhibits A Application Site Plan Elevation Views/Floor Plans Memo from On-Site Systems Manager Location M^ B C D E Pertinent Code Section: 1. Section 10.23, Subdivision 6 (B): Lot Area: The lot is 1.5 acres where 2 acres is the minimum lot area for the LR-1 A zoning district for new construction. Application Summary: The applicants own the subject property and are requesting a lot area variance to construct a new residence on the lot. The existing residence that was constructed in the early 1950's will be demolished. The lot is approximately l.S acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The subject property is serviced by an on-site septic system. The applicants have provided primary and alternate septic site locations for the property. On Site System Manager, Matt Bolterman, has reviewed the proposed septic system and recommends approval in regards to septic concerns on the property. #02-2792 Paul/Kay Studebaker 230 Ruann Road 6/13/2002 Pagel L : I ANALYSIS Lot Area and Yards: LR-IA District Standards LR-IA Lot Area Lot Width Required 2 Acres 200 ’ Actual 1.5 Acres 220 ’ Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Issues for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. There is no additional land to combine with the property. 4. The proposed site plan meets all setback and lot coverage requirements, and the lot is not subject to hardcover limits. 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variance. To obtain a building permit the new residence must meet all height requirements, setbacks, and grading requirements. Applicant is advised to contact MCWD well in advance of cohstruction on the site as an erosion control permit and wetland delineation may be required by MCWD. ff02-2792 P«uI4Cay Studebaker 2S0 Ruann Road 6/13/2002 Page 2 • iri'v \i I CITY OF ORONO - VARIANCE APPUCATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Date Received _ __ Amount Paid__ PROPERTY INFO iRMigro ie< Property Identification Number (P.I.D.) ii 8 - z 3 3 -z OOP 2. Attach legal description to application if not included on required survey. Date^operty Acquired fifPRlL %00‘2^_____________________ I tf^^(do not) also own the adjacent parcels of land. PreSmt use of property: X residentid ___pother (specify)________ Zoning District: ^ - 1 A_________________________________ .(month/year) APPLICANT . . Phone (home) Name/g/yZ7"W ^fuA^hciJC^ Phone (work) ^7^3^ Address r^.^ City: ____Zip: OWNER (if different than applicant) Name '_______________ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: j/j M Mo A/^ ,_________________________ (attach additional sheets if necessary) VARI^'CES REQUIRED Lot Area _Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSmP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements : (attach additional sheets if necessary) A REQUIRED SUBMITTALS All of the following information must hg submitted hy the application dMdIing Hat«» i» order for your application to he gnnaidergrf romnlttg: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Propeity Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Cenw,*348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 814" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/i" x 11" for reproduction Sketches or plans of floor & elevation views (provide one (1) copy 8'/4" x 11") List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour latiantc appIkalitt nJS-lIQt.CPinpleU if the above information hn, not been inclndpd APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is t^^ and comet to the best of his/her knowledge. ______ Date 7Applicant's Signature OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigatipn and verification of this request. Date *2-^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings arc held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Buildipg & Zoning Office of this change prior to the meeting. •7 \- . V 1 / • • • \ \ Of Lot 3. ^ Block 4, WAKCFICIO I FARMS third addition -1 ‘ * I o U iCN/\ O CO^ »in rOPTB C V. 7 JC '' TSSiS TMtflO AOOITIOM V » N Vl n / f)h 100 SCALE FEET «oro9« (to Do romo%od! \ V / «l'Jb \ wm V' '..V- > ,> V mm- M ^ S0.0 r Oiilting ^ouso (to bt u y//- f »-r•74.ijJ Pti :\- ‘ i. v! 4 >/ PlOil- ^5 SB-i3 V V V ■r, •9:\ 7 •>* **^ 'X A.\ .r > >4,n L_. m' OQ A> r \. legend It' A-' - .^■ •->*r i\ u\ BOOK PACE OfOwiflQ Fll*: 2002 ”3t0~730.0WC Projoct No. 2002-31 0-L NOTES B Iron mooument found m Iron monomont set ond mofkfd with lieonM No. 23968. ■ OffMt iron __. oroinoqo & UUIty Eowmwt 0 - ELECTRIC METER •e>« ELECTRIC POWCR POLE 3 - TELEPHONE BOX 0 • SOIL BORINC S8-4 EXISTING PROPERTY DESCRIPTION (Cicidtion frcm plol of WKEFCU) FARMS THRO AD0I90N) 1. Bonchmork: Top of boondory iron ot thors!?M-T2-oSirT^ ar« «c„ Lond Survoyori). 2. Thit furvoy i* for dwign pufpoiw only. Boundory ond oooofnonl lofomiotion to bo o6dod P*^'*'9 roeoipt of corront dood ond titio Informotion. 3. Tho boondory Informolion ** on tho ooeoption from tho roeordod plot of StKEnaOFARMS TMIRO ADDITION, ond io ^^joj^endln^oeolp^^ujwj^JW^®^^ . . ..I ikb uimi Hior of tho Soothwolt Ooortor of ioW Soction 36 •jA*9 ^ ~ ”•doocribod ot foilowt: Commoncin« ot tho ^thowt W*mlni!fJi%*5tI^^ 902.50 foot; Sooi» ^ ^222? 42 TlnStoo 40 toeondt Eoot o dittoneo of 188.17 foot: thonco SouM» M dotcHbod; thoneo 553.09 loot to tho point of 1^28 foot; thoncoSouth 92 doorojo 42j^t« 40jNCjJt tort ond o control ^ ^ 5o imdo o (lotenco of 206.25 toot: thoncogffi VlSS:t,V!!!Tr>lSS^ •>. ^ !-!• »y«« LEGEND Iron mongmont found Iron monomonl Mt ond morltdd with liccnM No. 23968. OffMt iron Oroinogo 6c UMIty EoMmtnt electric meter electric power pole TELEPHONE BOX SOIL BORING description FAHMS THUD ADOlWH) rMt Ouortor of SOW So®**®" ^6 iko Rood (formorly County Rood No. 27). ■oM Wool Holf of tho SouthMSt Q dgQftof 00 winutot 40 sscondt Eost thoSMthflrost Oioftor o » minwloo 40 soeondt Eoot o dMfo^ o/ t rnhwloo 40 so eondt Eoot e distonco of ‘t^r^tien to bo doocHbod; tboneo • tatoMoneo of 12.28 fooU Om (wBhib of 9B0 foot oodo cylrM CtJtJot A lllJ/ / Ik 50.0 remoo*^) sa-i •74.t r •*<»»*> .**S8.|3 V m m i r , “H/ / • 3*-nbr23-ia;;^2 "1 n itoed 0 s. 59t V V N: w to OQ** W L-- LEGEND BOOK PACE Orowing Ro: 2002-310-730.0WC Project No. 2002-310-L NOTES 1. Bonchmork: Top of boundory iron ot the Northoost comer of Porcol 1.0. No. 36-118-23-32-0004 (per Coffin de Cronberg Inc.. Lond Surveyors). 2. This survey is for design purposes only. Boundory ond eosement informotion to be odded pending receipt of current deed and title informotion. 3. The boundory informotion shown hereon is bosed on the eeception from the recorded plot of WAKEFIELD FARMS THIRD ADDITION, ond is subject to revision pending receipt of current title commitment. 4. No existing easements ore known ot this time. ■ Iron monument found ■ Iron monument set ond morked with license No. 23968. • Offset iron _ ■ Oroinoge 6c Utility Easement Q - ELECTRIC METER -e- - ELECTRIC PObCR POLE □ - TELEPHONE BOX O - SOIL BORING EXISTING PROPERTY DESCRIPTION (EiccpIion from plol of WAKEFICU) FARMS THIRD AOOmON) Thot port of the WSst Holf of the Southwest Quarter of sold Section 36 lying Northerly of the centerline of Old Long Lake Rood (formerly County Rood No. 27). described os follows: Commencing ot the Northwest corner of soid West Holf of the Southwest Quorter; thence on on ossumed beoring of South 0 degrees 00 minutes 40 seconds Eost olong the West line of soid West Holf of the Southwest Quorter o distonco of 502.50 feet; thence South 44 degrees 39 minutes 40 seconds Eost o distonco of 186.17 feet: thence South 32 degrees 42 minutes 40 seconds Eost o distonco of 553.05 feet to the point of beginning of the exception to be described; thence South 52 degrees 42 minutes 40 seconds Eost o distonco of 12.28 feet; thence olong 0 tongentiol curve to the left hoving o radius of 980 feet ond o control ongle of 12 degrees 10 minutes 30 seconds o distance of 206.25 feet: thence North 32 degrees M minutes 20 seconds Eost o distonco of 328.52 feet: thence North 57 degress 05 minutes 40 seconds WOst o distonco of 220 feet: thence Southwesterly to the point of beginning. I hereby certify thot this survey, plon or report wos prepored by me or under my direct supervision ond thot I om o duly Registered Lond SupyedGr under the laws of the Stote of Minnesoto.RUEC Duluth. MN Hem Uke. HN Hlbblng, MN MInnetonko. MN June 4. 2002 0 DoteKurl M. Kisch, MN License No. 23968 f. hi I Phene: (952) 993-0972 Past (962) 999-1163 www.rlk-kuttsleto.eem 6110 Blue Circle Dr.* Suite #100* Mlnaetenka. MN 86343 .hiA 04 9009 l*49Afn I O ■ Caol o o nfllrnnftf . vit-r. u-iuj»rLii«& i.c.KiJiHKl,k‘!... *r 'y m cJ ir4*» -■* 11 f. / * :i I - •: i i . -' %* . .*.• ... .r„ ...A.. ..— ..^.,ui.JJt<^r<nfc^«»-.^xiia m • iJUUd GlTYoT ORONO Municipal Oflkcs Strtat Address: 2750 Kelley Parhway Orono. MN 55356 Mailiag Address; P.O. Box 66 Ciystal Bay, MN 55323 0066 TO: FROM: DATE: Wendy Bottenberg Matt Boltemian, On*Site Systems Manager June S, 2002 SUBJECT: Septic Review for 250 Ruann Road The property at 250 Ruann Rd has approval for two new septic locations. The report done on March 27,2002 has soil borings to show that the property has two septic sites. These sites are south of the old pool area. Once the variance is approved we will need the design to be drawn up. For the purpose of the variance request this property fulfills the requirement for two new 5-bedroom septic sites. The existing septic system for the house in classified as non-compliant and cannot be used for the new house. ’McpboiM(9S2)24M(M • Iin(fS2)24M<M WWWXLonMMMULHS n i !| ‘ I11 ! I i iiitaiD<ni^miBriHnirtrfciJiAfcnfi<n 11 A, )Kfcf Hoi • • • MIAOOVn OODS f« MTN 2600 k--------i-K-tTiw ■rwioi* HIT Ml 133 '®°P " ■13^ <^ySr^ 4 • **•? • •*\ • ■r OI £ 14TM AVI kl Ji li'tll1T5 S o=al| 12TN /'V':'-'.* r > % :• \ 13TN AVI « I 13^ 5 QUEfNSUaO N . <i;- i AVtj 300 •TH AVI n oums vSif. « • ^ •ARONEf JUN 2 4 2002Application Date: 5/22/02 Completion Date: 5/22/02 60 Day Deadline: 7/21/02 Cl FY OF OflONO REQUEST FOR COUNCIL ACTION Department Approval: DATE: 6/20/02 Name Wendy Bottenberg ITEM NO.: j Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: i/02-2794 Chris and Gail Bollis 200 Stubbs Bay Road Variance Zoning District: RR> 1 B One Family Rural Residential District (2 acre) List of Exhibits: A Resolution B Staff Report and Exhibits of 5/20/2002 1. Section 10.03, Subdivision 9 (B): Accessory Building Location: No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot. To permit a 20’ x 22’ accessory structure closer to the street lot line than the residence. Application Summary: The applicants have requested a variance to permit a storage building to be located between the principal structure and the street. The building is 20’ x 22’ and is currently located at 220 Stubbs Bay Road and will be moved to the adjacent property at 200 Stubbs Bay Road. The applicant owns three lots: PID 32-118-23-42-0003 (200 Stubbs Bay Road), PID’s 32-118-23-42- 0004 and 32-118-23-43-0004 (220 Stubbs Bay Road). The storage building will be located approximately 90’ from the west lot line and 500 ’ from the nortli lot line of 200 Stubbs Bay Road, the rear property (See Exhibit B). The rear parcel is approximately 20 acres and currently has a residence and two garages located on it. The accessory building meets all setback requirements for the RR-1B zoning district and the square footage of the buildings meet the size restrictions of the accessory structure ordinance. The applicant wishes to move the storage building in order to build a detached garage in its place. The storage building will be moved but not the lean to portion. The portion to be moved has been determined to be structurally sound. The subject property is serv iced by an on-site septic system. The new location of the storage building will not interfere with the current septic system or future sites w ithin this 20 acre property. PLANNING COMMISSION: The Planning Commission recommended by a 6 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 VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B), FILE NO. 02-2794 WHEREAS, Chris Bollis and Gail Bollis, husband and wife, (hereinaacr "the applicants") are the owners of the property located at 200 Stubbs Bay Road within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A. (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subd. 9 (B) to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed. 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 June 17,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. 3. This application was reviewed as Zoning File #02-2794. The property is located in the RR-IB Zoning District. The Orono Planning Commission reviewed this application on June 17,2002 and recommended approval of the proposed variance based upon the following findings: A. The location of the residence is 600’ from the street toward the rear of the 20+ acre property, making it impossible to place an accessory structure within the front yard without a variance. B. The height of the building will be significantly lower than the height of the 1 of 6 : ir Miiaiiiii* iiiiii jnrtmtfrrtruiiifcMBrirBflrii • n in . I existing house. C. The structure will be located more than 500’ from the side lot line, and approximately 90’ from the front lot line, with no visual impact to adjacent properties. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to ^leviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to allow the proposed accessory structure to be located nearer the front lot line than the principal building. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit wthin one year of the date of Council approval, or these variances will expire on that date (June 24,2003). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any 2 of 6 ■ authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 24th day of June, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 24th day of June, 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 The foregoing instrument was acknowledged before me on this day of June, 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said 3 of6 instnunent was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me, day of .,2002,personally appeared who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/afTirmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/shc/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this__day of ,2002,personally appeared before me. who is personally known to me whose identity 1 proved on the basis of whose identity I proved on the oath/afflrmation of .,a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public 4 of 6 .. i y AM 9^ Exhibit A of Stctlon 32, Township ll8,*Ranae*23'°ttenc2%«? "Iw**** Southeast hrodsi thence Uest 13 1/3 rods^tSnS^terth rods; thence Itorth 12 east line of said northwest h at th.*.!!?!! e« *. ^^*"'* ®® rods to the West to a point 14 1/3^J *2 rods; thence W#tt 14 1/3 rods; thence north 1 ^od ’lXlnt 5? S^JlnilSj!"'* " ‘ Page 5 of 6 Exhibit B #2794 lOIALTV • N. W. TII.WHONC MAM 9303 (. Frank H. N utter , Jr . CIVIL ENGINEER AND SURVEYOR . 710 6vku Block Minneapolis , Minn . • • nl •> • • /RO fro»A propc'i^'f V»Ae Wcw loco:t'loA ?or buiUlvv)^ ^'7 0V<4 10 • • If04-.SZ J? w 3* - Page 6 o • • TO:Chair Hawn and Orono Planning Conunission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: June 13,2002 SUBJECT:#02-2794 Chris and Gail Bollis 200 Stubbs Bay Road Variance - Public Hearing Zoning District: RR-IB One Family Rural Residential District (2 acre) List oT Exhibits A Application B Site Plan C Picture of Accessory Structure D Picture of Structure Location Pertinent Code Section: 1. Section 10.03, Subdivision 9 (B): Accessory Building Location: No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot. To permit a 20’ x 22’ accessory structure closer to the street lot line than the residence. Application Summary: The applicants have requested a variance to permit a storage building to be located between the principal structure and the street. The building is 20’ x 22’ and is currently located at 220 Stubbs Bay Road and will be moved to the adjacent property at 200 Stubbs Bay Road. The applicant owns three lots: PID 32-118-23-42-0003 (200 Stubbs Bay Road), PID’s 32-118-23-42- 0004 and 32-118-23-43-0004 (220 Stubbs Bay Road). The storage building will be located approximately 90’ from the west lot line and SOO’ from Uie north lot line of200 Stubbs Bay Road, the rear property (See Exhibit B). The rear parcel is approximately 20 acres and currently has a residence and two garages located on it The accessory building meets all setback requirements for the RR-1B zoning district and the square footage of the buildings meet the size restrictions of the accessory structure ordinance. The applicant wishes to move the storage building in order to build a detached garage in its place. The storage building will be moved but not the lean to portion. The portion to be moved has been determined to be structiually sound. The subject property is serviced by an on-site septic system. The new location of the storage building will not interfere with the current septic system or future sites within this 20 acre property. #02-2792 Chris/Gail Bollis 200 Stubbs Bay Road Variance 6/13/2002 Page I . . — II I III rnri^miT iinruffiMfffrririiiiMiri iiti n mfiinniiawVafrfuliir Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The accessory structure will not impact adjacent properties. 2. The iq;)plicant currently owns both properties. 3. Th6 accessory building meets setbacks and size restrictions of the accessory structure ordinance. 4. Other issues raised by the Plarming Commission. Staff Recommendation: Staff recommends approval of the variance to allow the placement of a 20 ’ x 22* accessory structure between the principal structure and the street per the proposed plan. Wn-2794 Chru/Gail BollU 200 Stubbs Bay Road Variance 6/13/2002 Page2 ; r'. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) ApplicationU CiO Date Received Amount Paid A 3SO. o O PROPERTY INFORMATION Site Address 2^ J6»>f M rj ProperQr identifreation Number (P.I.D.) HZ OOPS____________ Attach legal description to application if not included on required survey. Date Property Acquired _____________________________^(montb/ycar) I (do not) also own the adjacent parcels of land. Present use of pr^erty^ ^ residential other (specify) Zoning District:. Address?^ Phone (home )95 2 *MT3 S2X ____ Phone (work ) ^2 3^**7 131 City: QvetAO Zip:5^3S'^ OWNER (if different than applicant) Name ________________ Phone (home). Phone (work) Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ CeiA Describe request in detail: DAOMg. OL 37*. ^attach additional shWts If necessary ) :quest in aeiau: . variances required Lot Area ___Lot Width Hardcover Lot Coverage v/Setback: ,S %/ Front Side ^ •Rear Average Lakeshore V Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventingDesenbe undue nardsnip or practical ainicuity or unusual property conaiuons prevenong (attach additional sheets if necessary) #2794 -------- REQUIRED SUBMITTALS All Ilf iht folloffinr Infomiation n.«.t h. hv ,|„ ftrder for vour application to be con<iilergd cnmpfetg;.......gaic in ^ Completed Application Form 2 Certified Proj^^ Owners List of o^Miers within 150’, labels and plat map (you must obtain tbs list, labels and map from Hennepin County Department of Fmance, A-603, Govt Center, 348-5910) or Certificate of Survey (signed by a licensed surveyor) and include hardcover <■> X "" f" To^papHc su^^•ey (existing ^ ptopdatf dei^tioiis) 'if any changes in -vi..t.g grade-aie proposed: In add,non, provide one (I) copy g'/y x 11" for reproducUon* Sketches or plans of floor & elevation views (provide one (I) copy 8>/y x II") List of the legd names (tnclude marital stains) of all persons with an interest in fte propey. This won d include name(s) of applicant(s) if not current ownW) As an addend™ to thts application, please attach’ i roparate list of any'Sher persons you Wish notified of this application. / «“»cr Additional items as may be requested by City staff. 1. 2. 3. jy 4. 5. __ 6. HA. 7. M. 8. The Applie^ WrP^pei^ APPLICANT’S SIGNATURE ^e applicant hereby agrees to provide all infotmation required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee paymenO “f W-ation, and certifies Vat Jis/ffu and correct to the bes OWNER’S SIGNATURE ""l^Srees to this application and further authorizes reasonable members for"p^s2^^^nvestigl'lionTd''ve“ifi^^ (Uk.Owner's Signature Date % t • • O *'7 O 4.I i5'‘± 3 • . M. W. TCLCAHONK MAIN 8303 I. Frank H. N utter , Jr . CIVIL ENGINEER AND SURVEYOR 710 6vKts Block ^Minneapolis , Minn . •a % • • f * ' R6 fw V^Ae /“CJi^(g) Kfeu IocclTiqk ^ Tor //O 4..SZ % >? Jl w «S«*l«if>ic. N«H/. }^ •/ r SS,- A ^ • 1 ZZ0.05 <............. I « Ik • --ffP --^■1 • •«•••• .Ti**® —• y SM . * -'/&S 5f.9 —•/ //>ir 44/HA A/rj^ //>♦ ./ililf J^Kr af^^AtfCVy of__ zor.oT. v/*jt /.-* .fu* .fa. S..tu.,t'^f .f 5..fc. 3Z-1 18*7 a . « /ijtJt & soa-fe in the se «* of section Hennepin County# Minnesota ^OO ShA-'cfc)^ Tg^c^'Rcod V . ft, i’li^ ■ 7“1.—^ I hereby certify that this is a true and correct representation of a survey of the boundaries of (A) TM South t9B feet of the West 220 feet of the Northwest quarter of the Southeast quar ter of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian. (B) That part of the Southwest quarter of the Southeast quarter of Section 32, Township lie North, Range 23 West of the 5th Principal Maridian, described as follows: Commencing at a point /6.5 feet South of the Worthiest corner of the Southwest quarter of the South east quarter of said Section 32: thence East qoat LeC ui r.ne aournoaSt quarter ot said Sec tion; thence South 443.5 feet on a line par allel with the West line of the Southwest quarter of the Southeast quarter,' thence West 297 feet to a point 442.3 feet south of the Northwest corner of the Southwest quarter ofthe Southeast quarter; thence North along said West line of the Southwest quarter of the Southeast quarter of said Section 425.8 feet to the point of beginningm the Jocation of all existing buildings thereon, and the location of a proposed addition. It does not purport to show other improvements or en croachments. COFFIN i GRONBERG, INC. Hark S. Gronberg Ref. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers A Land Surveyors Long Lake, Minnesota Date : 10-1-85 Scale; 1" • 60* o : Iron marker ■ • ■> ' '.r - • . 4; A.-' ' • J » *• J-V/i /•>» 4if i SS H of Section ^ ^ inepin Countyt Minnesota OO ShA-'ofo^ ‘e^Lc^'t^cod f?.v (tj that, this is a true and correct of a survey of the boundaries of 198 feet of the West 220 feet of est quarter of the Southeast yuar- tion 32, Township 128 North, Range the 5th Principal Meridian » of the Southwest quarter of the quarter of Section 32, Township Range 23 West of the 5th Principal described as follows: Commencing at ;,5 feet South of the Northwest the Southwest quarter of the SOuth- :er of said Section 32; thence East I cue aour.ncaSt quarter ot said Sec- ice South 443.5 feet on a line par- i the Nest, line of the Southwest f the Southeast quarter; thence feet to a point 442.3 feet south of ^ost comer of the Southwest quarter theast quatter; thence North along line of the Southwest quarter of the quarter of said Section 425.8 feet iiit of beginning. of all existing buildings thereon, ion of a proposed addition. It does . o show other improvements or en- mPStc S0 mP4 /it*Jir H9T.00 OS ■ • • * ' W »*• ' I'-Mla^ - X t4 Hr 54.9 • ttwf #//ir XafVi»t*At Xff W af Sat. 3i~//i~Z3 ^ c * //he U//VA fit a/*it //aw 0//4e SUtYw af/AefCVaa/ J wk.32-//*-2J — .• * W«jt /;-» .f U» 5.wtU.«ilV« «f ii.» .F So.6. 3Z'IIB-2S /X h) I hereby certify that this is a true and correct representation of a survey of the boundaries of (A) ThO South 198 feet of the West 220 feet of the Northwest quarter of the Southeast quar ter of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian. (B) That part of the Southwest quarter of the Southeast quarter of Section 32, Township 118 North, Range 23 Nest of the 5th Principal Maridian, described as follows: Coaimenciny at a point 16.5 feet .South of the Northwest corner of the Southwest quarter of the South east quarter of said Section 32; thence East qoatCvr oi cue aourneast quarter ot said Sec tion; thence Sout.h 443.5 feet on a line par allel with the Nest line of the Southwest quarter of the Southeast quarter; thence West 297 feet to a point 442.3 feet south of the Northwest corner of the Southwest quarter ofthe Southeast quarter; thence North along said West line of the Southwest quarter of the Southeast quarter of said Section 425.8 feet to the point of beginning. the iocation of all existing buildings thereon, and the location of a proposed addition. It does . not purport to show other improvements or en croachments. COFFIN S CRONOBRG, INC. ‘ ( Mark S. Cronberg Regi No, 12755 Cordon R. Coffin Reg. No. 6064 Engineers S Land Surveyors Long Lake, Minnesota Date : 10-1-85 Scale: 1" m 60’ o : Iron marker f I COFFIN i CRONBERG, INC.• « Mark S. Cronberg Rog. No. Gordon R. Coffin Reg. No. Engineers A Land Surveyors tony take, Hinnesota Date ; 10-1-85 Scale: J" ■ 60* o : Iron marker 12755 6064 #2794 'v I Rr'•' % - '•.v- .*.•••« 5%' (2 03 -^■’^‘^4 ii V ■ _ V-* . . -r» \ A• r- i . KC ^ii (. 0^3 j Lj c^i 5 •«v ' ‘•? r j2^15 ^ * • V*'.V ,> IV^ > •. A - ►>. fj V A •. t • ♦ • » . » y:> 'V, 1^^ _ ‘ j xW->? k ■ ‘ •■ sSf'\ i*':' UUOi J JUN 2 4 2002 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: June 10,2002 ITEM NO.: 8 Department Approval: Name Gregory A. Gappa Title Director of Public Scr\ ices Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Old Cr>'sial Bay Road Pavement Reconditioning Project Old Crystal Bay Road Between TH 12 and Fox Street The existing Old Crystal Bay Road bridge over the BNSF railroad tracks will be replaced as part of the new TH 12 bypass project. This work is scheduled for the year 2004. The pavement on Old Crystal Bay Road is nearing the end of its serv ice life and needs to be reconditioned within the next several years. The last major work completed on this road was a State Aid funded pavement overlay project in 1984. This project w ill be similar to the recently project completed on Stubbs Bay Road in which the existing pavement was ground up and then reused as a base course for the new pavement. The completion of pavement reclamation is a better solution than an overlay of the existing pavement because it eliminates the reflective cracking through the new overlay. The existing pavement has numerous transverse cracks which would reflect through the new overlay within several years. Also, included in this project will be paving of the shoulders. This will eliminate the current maintenance costs associated with the gravel shoulders and will also reduce the amount of crushed rock shoulder material that ends up the adjacent yards from snow plowing operations. The edge of the travel lanes will be striped, and the paved shoulders can then be used for bicyclists. Some higher speed bicyclists prefer to ride on the shoulder instead of the trail. This reduces the number of bicycle/pedestrian conflicts on the adjacent trail. A right turn lane will also be added for northbound Old Crystal Bay Road to eastbound Highway 12. Addition of this turn should reduce the morning rush hour traftic backups at the signal. The most opportuite time to complete a paving project on Old Crystal Road will be when the road is closed for the bridge replacement project. During this time the road will be closed between Watertown Road and TH 12 with the traffic detoured to Willow Drive. The only traffic north of Watertown Road will be local traffic. The road will still be open south of Watcrtowi: Road to Fox Street where Old Crystal Bay Road becomes Hennepin County Road 84. During the bridge closure time period, the traflic on this portion of Old Crystal Bay Road w ill probably also be less. Page I of 3 1 i We have discussed the idea of a repaving project on Old Crystal Bay Road, during the bridge closure period, with MNDOT. The most practical and recommended solution would be to include this work in the Highway 12 contract to allow better coordination between the Highway 12 work and the Old Crystal Bay Road work. MNDOT expressed concerns about the City completing the pavement reclamation work, as a City project, with a separate contractor working in the area. Two different contractors working in the same area under separate contracts has the potential to create scheduling problems, disagreements and claims concerning project delays, and disputes over liability for any accidents that may occur on the project site. If there is one contractor in control of the entire project, this firm is then responsible for project scheduling and job site safety. MNDOT has contracted out the TH 12 project final design and plan preparation to TKDA Engineers. The most logical solution would be to have TKDA Engineers incorporate the Old Crystal Bay Road pavement reclamation work into the Highway 12 plans. The Old Crystal Bay Road project costs would be accounted for separately in the MNDO f construction contract, and ihe City can use Municipal State Aid funds to pay for this work. This is a common practice to have State Aid projects tied to MNDOT construction contracts. The Highway 12 final plans needed to be completed by September to begin the bidding process for December bid opening. Our staff recommendation is to have TKDA Engineers complete the project design work necessary to incorporate the Old Crystal Bay Road pavement reclamation work into the Highway 12 project plans, and then have the project construction done through the MNDOT Highway 12 construction conUact. Council approval of the Old Crystal Bay Road construction costs in the MNDOT contract will be required at a later date. Both the engineering and construction costs for this project are eligible for State AH funding. The preliminary cost estimate for this project is approximately $400,000. The City receives $350,000 per year in State Aid construction funding. The current balance in our State Aid fund, including the year 2002 allotment is about $6000,000, so there is adequate funding available to complete this project. The actual project construction will not occur until the year 2004 when the Old Crystal Bay Road bridge will be replaced. Old Crystal Bay Road between TH 12 and County Road 6 During the same bridge closure time period, in the year 2004, we are recommending the completion of a separate State Aid project on Old Crystal Bay Road betw een TH 12 and County Road 6. This project will include pavemen .eclamation, adding additional turn lanes, and paving the shoulders on this segment of Old Crystal Bay Road. This project can be completed as a stand alone City project. A decision on the turn lane improvements for this project still needs to be made. Our staff recommendation is to have Bonestroo Engineers begin work on a feasibility study for this project in order to determine the appropriate turn lane improvements that should be incorporated in this project. We are proposing to work with the Police department and the School District on the development of this project. The feasibility study recommendations will then be presented to the Council for review and approval before preparation of final plans is completed. Page 2 of 3 if '< It is difficult to estimate a cost for this project at this time, but a very preliminary cost esUmate is about $200,000. When this project is constructed in the year 2004, the City will have received annual State Aid funding construction allotments for the years 2003 and 2004, so there will be adequate funds available to complete this project. COUNCIL ACTION REQUESTED: Authorize the completion of a State Aid funded pavement reconditioning proj wt on Old Cr> muI Bay Road from TH 12 to Fox Street in conjunction with the new TH12 bypass project. Project plans and specifications to be completed by TKDA Engineers with project construction administration by MNDOT. Authorize the completion of feasibility study, by Bonestroo Engineers, for a Stale Aid funded pavement reclamation project on Crystal Bay Road from TH12 to County Road 6. Page 3 of 3 ! J COfiMnii MRET'N® JUN 2 4 2002 REQUEST FOR COUNCIL ACTION C»TY OF OflONO DATE: June 10,2002 ITEM NO.: ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Approve Funding for Storm Water Permit Guide Plan Introduction Federal legislation in the Clean Water Act requires that all states implement a program to require a National Pollution Discharge Elimination System. (NPDES) pemiit for storm water discharges. The original NPDES program, which started in the 1960’s in response to water pollution problems, required NPDES permits for all point source discharges such as industrial sites and waste water treatment plants. After the point source water pollution problems were corrected, the Environmental Protection Agency (EPA) began to regulate non-point sources of water pollution caused by storm water runoff as storm water runoff is a significant source of water pollution. The responsibility for administration of this NPDES program was transferred to the states for permitting and administration. Phase I of the storm water program required permits for large cities. In Minnesota, the only two cities with Phase 1 permits are Minneapolis and St. Paul. The Phase 11 regulations expanded the permitting requirements to smaller cities. The medium size cities in greater Minnesota and all of the suburban cities in the metropolitan area are now required to have a NPDES Phase 11 Storm Water Permit application submitted by March 10,2003. This is an extremely tight schedule which is the result of slow progress by the Minnesota Pollution Control Agency ( MPCA) on implementing this program. Guide Plan Development The new Phase II regulations are very comprehensive and the permit application requirements are quite extensive. The League of Minnesota Cities (LMC) has been working with a group of affected cities on developing methods on how to best comply with the new storm water regulations. As a result of these meetings, the LMC is proposing to develop a Guide Plan to provide a resource for use in preparing the permit applications. The cost for development of this guide plan is $250,000 and if 50 cities participate the cost for each city would be $5,000. Approximately 200 cities in the state will be required to obtain a storm w^ater permit under the new niles. At this time the LMC is requesting that cities interested in this program respond promptly to allow for a timely completion of this project. The attached letter from the League provides more information on this proposed project. J Staff Recommendation City staff has attended several meetings regarding these new storm water rules, and our recommendation is that a Guide Plan would be a useful tool for completing our NPDES storm water permit application. We are reconunending participation in development of this guide plan \vith funding to be provided from the Storm Water Utility Fund in the amount of $5,000. COUNCIL ACTION REQUESTED: Approve City funding of $5,000 to the League of Minnesota Cities for the development of a Guide Plan for the NPDES Phase II Storm Water Permit Application. Funding to be from the Storm Water Utility Fund with a budget adjustment to the year the 2002 Storm Water Utility Fund Budget to reflect this expenditure. i T1 Laitgm* rf Mhtmttolm Ckitr 143 Univeriity Ayenue W«it, St. Paul> MN 35103*2044 Pkone: (651) 281-1200 • (800) 923-1122 TDD (651) 281-1290 LMC Fax: (631) 281-1299 • LMCITFax; (651) 281-1298 Wel> Site: Kttp://www.lmnr.or^ ' I • •I u June 7,2002 r* 4 * ^ Dear Mayor, City Engineer and City Administrator/Clerk: Your NPDES Phase II Permit Application will be due on March 10.2003. Will you be ready? The League of Minnesota Cities can help. A group of League members concerned nbeut this stormwater regulation has met and decided to explore the possibility of developing a Permit “Guide Plan ” This Guide Plan would be designed lo help MS4 cities complete SOVr to 65% of their NPDES Phase II Permit Application and Storm Water Pollution Prevention Program (SWPPP) using in-house resources. A rough estimate of the cost to develop the Guide Plan is $250,000. This cost would need to be split between 50 or more permitees to make it affordable and cost-effective - $5,000 per city. If more cities join this effort, the cost for each city will be lower. If enough cities express an interest in the project, a steering committee will be formed to direct the project. The steering committee would be involved in selecting a consultant and providing assistance to the League in managing the endeavor. The reasons to develop the Guide Plan are; • Efficiency Instead of every city struggling to start from the beginning, the League could develop the Guide Plan and distribute it to many MS4 cities. • Cost savings Some cities have estimated their total NPDES Phase n Permit development cost at $50,000 or more. Using the Guide Plan at a cost cf only $5,000, a city could complete half or more of the Permit and SWPPP using in-house resources. • Support from the MN Pollution Control Agency (MPCA) The MPCA strongly supports this effort by the League. MPCA staff will review and “pre-approve ” the Guide Plan. The MPCA considers the Guide a significant step in moving this entire program forward quickly and effectively. AN EQUAL OPTORmNrrY/AfARMA'nVE ACTION EMPLOYER Consistency This is a new program with a tight schedule. The Guide Plan will help make the Permit Applications and SWPPP’s more consistent. This will facilitate review by the MPCA and provide a degree of security for the MPCA and the cities in the event of review by the USEPA. The first step in developing the Guide Plan is to assemble a Steering Committee to determine what elements should in the Guide. Our first pass at defining these components is: Guide Plan Elements Permit task checklist s • Required tasks • When they need to be done Checklist for existing city programs • Extensive list of possible existing prognuns • Cover full range of city departments • Match programs with: o Minimum Control Measures o Measurable Goals List of acceptable BMP’s • Extensive list of possible BMP’s • Match programs with: o Minimum Control Measures o Measurable Goals Ordinances • List required ordinances o Include recommended provisions Employee training, educational materials & programs, state & county programs • List of sources and descriptions of available materials and programs • Match materials and programs with: o Minimum Control Measures o Measurable Goals • Provide contact information • Provide forms letters and agreements for outside pioviders Funding options • Provide details and options for funding mechanisms The tasks remaining after a city completes its work with the Guide Plan might be: • Fill in the gaps • Write the Application & the SWPPP • Public meetings • Respond to comments • Implement SWPPP • Prepare Annual Reports L What do we need from vour city? If the Guide is to be useful, we need to move ahead quickly. We need funding to pay for the development of the Guide Plan. We need representatives from cities to nin the Steering Committee. Most importantly, we need responses quickly from the cities regulated under this program to the following questions: 1. Is your city interested in joining with other cities to develop the Guide Plan? 2. Will your city contribute approximately $5,000 to the development of the Guide Plan? 3. Will a representative from your city participate on the Steering Committee? Please respond to Remi Stone at the League of Minnesota Cities before June 28,2002 at 651- 281-1256 or |rstone®lmnc.org. The Steering Committee will meet during July. For additional information about NPDES Phase II and the Guide Plan, please attend the session on these subjects at the LMC Annual Conference - June 19,2002,10:45 AM to 12:00 noon. Sincerely, Jim Miller Executive Director Cc:Commissioner Karen Studders, MPCA Don Jakes, MPCA Gene Ranieii, AMM Christopher Hood, Flaherty & Hood Janette Brimmer, MCEA mi ■ II II nm 1 Preliminary List from MPCA Board slideshow • 5/28/2002 -176 listings Based on 2002 Census data & additional criterion Albert Lea Elk River Maple Grove Sartell Andover Empire Township Maple Plain Sauk Rapids Anoka Excelsior Maplewood Sauk Rapids Township Apple Valley Fairmount Marion Township Savage Ar^n Hills Falcon Heights Marshall Shakopee Austin Faribault Medicine Lake Shoreview Bemidji Farmington Medina Shorewood Big Lake Fergus Falls Mendota South St. Paul Big Lake Township Forest Lake Mentota Heights Spring Lake Park Birchwood Village Fort Snelling Midway Township Spring Lake Township Blaine Unorganized Minden Township Spring Park Bloomington Fridley Minnetonka St. Anthony Brainerd GemL^ke Minnetonka Beach St. Bonifacius Brockway Township Golden Valley Minnetrista St. Cloud Brooklyn Center Grant Munticello St. Cloud Township Brooklyn Park Greenwood Moorhead St. Joseph Buffalo Ham Lake Moorhead Township St. Joseph Township Bums Township Hastings Mound St. Louis Park Burnsville Haven Township Mounds View St. Michael Carver Haverhill Township New Brighton St. Paul Cascade Township Hermantown Township New Hope St. Paul Park Centerville Hibbing New Ulm Stillwater Chatnplin Hilltop Newport Sunfish Lake Chanhassen Hopkins North Mankato Tonka Bay Chaska Hugo North Oaks Vadnais Heights Chaska Township Hutchinson North St. Paul Victoria Circle Pines Independence Northfield Waite Park Cloquet Inver Grove Heights Oak Grove Watab Township Columbia Heights Jackson Township Oakdale Wayzata Coon Rapids La Crescent Oakport Township West Lakeland Corcoran La Crescent Township Orono Township Cottage Grove Lake Elmo Osseo West St. Pau! Credit River Township Laketown Township Owatonna White Bear Lake Crystal Lakeville Pine Springs ’’ 'hite Bear To\^'nship Dayton Landfall Plymouth Willemie Deephaven Lauderdale Prior Lake Willmar Dellwood Le Sauk Township Proctor W’inona Dilworth Lexington Ramsey Woodbury Dresbach Township Lilydale Red Wing Woodland Duluth Lino Lakes Rice Lake Township Worthington Duluth Township Little Canada Richfield ■ Eagan Long Lake Robbinsdale East Bethel Loretto Rochester East Grand Forks Louisville Township Rochester Tovmship Eden Prairie Mahtomedi Rosemount Edina Mankato Roseville I JUN 2 4 2002 REQUEST FOR COUNCIL ACTION DATE: June 18.2002 CITY OF ORONO ITEM NO: / C Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Long Lake Fire Station Change Order No. 1 and Sewer Fund Budget ____;___________Adjustment _______________________________________________ The Highway 12 upgrade project includes a major project to relocate sewer and water lines setting Orono and Long Lake. This includes providing sev.er and water scr\ ice to the new fire station. The depth and capacity of the sewer line is being increased to ser\e future sewer needs in Orono west of Willow Drive. The additional cost of the added depth and capacity is estimated at S70.000. Orono has agreed to pay the additional cost from the sewer fund, which will be reimbursed through future connection charges. The sewer and water project is to be undertaken in 2002, but has been delayed. This delay can cause a problem in construction coordination with ihe fire station in two ways. First, the sewer and water lines serving the fire station are to be located under the new roadway that w ill ser\ e the fire station. If the installation of the water and sew er lines is delayed until fall, it would disrupt the grading and paving on the fire station site. Secondly, because water and sewer ser\ ice is required for the operation of the building, a substantial delay in the completion of the water and sewer proiect could delay the occupancy of the fire station. Change Order The proposed solution to the problem of grading and paving on the fire station site is to break out the portion of the sewer and water project that is under the roadway serving the fire station and add it to the fire station project as part of the work of the site utility subcontractor. Because the cost of this work is estimated to be approximately S70,000, which is the same amount as Orono has agreed to pay for the broader Highway 12 utility project, this portion of the project can proceed based on Orono paying 570,000 of the cost. This w ill then ser\’e as Orono’s contribution to the broader utility project. A proposal request reflecting the fire station water and sewer work has been prepared and the site utility contractor has provided a cost. The cost is $82,220. We have reviewed the change order prices and they are reasonable, and correspond with the initial cost estimate for the amount of work that could be completed for $70,000. The cost for this change order is greater than $70,000 to allc w for completion of a project with practical starting and ending points. The project needs to start and end at manholes to allow for the necessary television inspection and testing of the new sewer line. The maiuhole locations in the original project design do not correspond exactly to the amount of work ritfi ................... Request for Council Action continued June 18,2002 Page 2 of 2 Long Lake Fire Station Change Order No. / and Sewer Fund Budget. idjustment required to complete a $70,000 project. We need to use the same manhole locations because the moving of manholes changes the sewer alignment. It is recommended that the Council approve Change Order No. 1 in the amount of $82,220 to add the installation of sewer and water lines along the southern boundary of the fire station site to the fire station project. COUNCIL ACl ION REQUESTED: Motion to approve Change Order No. I for the Long Lake fire station project in the amount of $82,220 for the expedited installation of sewer and water lines to serve the fire station, and to amend the 2002 sewer fund budget to reflect the expenditure. J CniiMr'ii mce T\N® JUN 2 4 200? CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: June 19,2002 ITEM NO: // Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator's Title City Administrator ________________________________________________ Report Item Description: Payment Requests-Long Lake Fire Station There are three invoices related to the joint fire station project presented for payment. They are as follows: -Kirk Program Management, (Project Manager): This invoice is for work completed in February and March of 2002.-$ 12,507.50 -Benco Messenger Service, Inc.: This invoice is for delivery of plans from Long Lake to the architect.-$ 17.41. -Rochon Corporation (General Contractor): Application and Certificate for Payment No. 2 — $74,359.90. This application has been certified for payment by both the Architect and Project Manager, and a lien waiver related to the amount of tlds payment has been provided. COUNCIL ACTION REQUESTED: Motion to approve the requests for payment in the amounts of $12,507.50 to Kirk Program Management, $17.41 to Benco Messenger Service, Inc., and $74,359.90 to Rochon Corporation to be funded from the Joint Fire Station Fund. i WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS June 1,2002 For good and valuable consideration, the undersigned hereby irrevocably and unconditionally waives and releases any and all (a) rights and claims for a construction ur other lien on land and buildings being constructed, altered, erected or repaired and to the appurtenances thereunto, (b) rights and claims on any payment bond(s) furnished in conjunction with said construction, alteration, erection or repair, and (c) rights and claims for lien on money, bonds, or warrants due or to become due to the prime contractor therefor. The property covered by this waiver is owned by City of Long Lake (owner), is located at 3:^ Willow Drive. Lone Lake, MN is described as Long Lake Fire Station and this waiver pertains to a portion of the work to be performed by Rochon Corporation (prime contractor). This waiver covers all labor, material and supplies for construction, aUeiation, erection, and repairs furnished by the undersigned under a contract with City of Long Lake through the date of this waiver in the amount of SEVEN~n' FOUR THOUS.\ND THREE HUNDRED FIFTY NINE & 90 100 DOLLARS (S74.359.90). This lien waiver is not valid until the amount listed above has been received. ANDERSON ' NOTARY PUBUC - MINNESOTA1 My Comm. ExpifM Jm. 31. am; Company Nanie Ryhon Corporation JofT wefffnan lis Vice President Contractor Waiver Form ■ Tnir*n 11 Ml r^HTtrfrrr iai •^4 AFfUCATlON AND CWTIFICATE FOR FAYMCWT (SUBSTITUTE AIA DOCUMENT 0702)»*CI OM 0* i TOIOWMIQ: C«Cv«IUntUto IM4 Pttk A««nwa tan« L«k«. MN SS2M MOACT; UMf Uk« SlAMA 340 W«e«» Omt l»nf llM. MN SS354 AmiCAnON NO: 3 MfmTO; 3«M*v-02 niOM iCOimiACTOIN: RtcNon 3490 AiwMAtii INW Noftfi. S*M« 101 MN 99447 VU (AimnCT) HV OfM» 332 NofiTi 2t4 9tf««« MN 99401 AACMTfCrt MOACTNOi 1919 01 CONTflACT foil Oimm C»wtmc—« •CONTfUCr OATf: CONTRACTOR S AFftlCATION FOR PAYMENT CHANGE ORDER SUMMARY Cn*r«0« 0»4«rs aporoirtd pr«v«ul montn* by 0«n«r total Approved trot MontA NktfTiMf Ottt App(o%«d totals AOOlTlONS 000 OCOlJCriONS 0 30 im: 4* 0«dtt AoDt»cattcA If maij« for PayrAdnt, •• tnoMO m eoAn«ct»o<i Mim IA« Ccntrjct. Cootiruiltion Sr>Mt. Subttitut* AlA Oocu>n«nt G703 if attacriAd •••••••ft- Th« wri«4*ti«r«Pd CoAtracior c«ft*r«« tf^t 10 tt»o Mil oi tA# CoodOCIO* t 4AO*<odfO **rymotiOA ood b«t«r tr»# viip*t co»0«9d Oy iro* Aee«c*iioi* tot POyiApnt fiM OOOA COtApNtOd •» 0CCO«04nC« M«(fl tA« Cotnrtcl OoctonoAti. lAOt ot ortipwnii Ao«o troo*! aod by lAO Co«l'*ct0« »o* Wo*4 rat tttocfi proyieut C#tt>K4ttt tot foymoni ««tt •atuod and p«*mtntt «tCO*«td botn tha Oa«^. ond lAoi cutr*rt pt»rTH#rti tAo*n ,% no« dw« CONTRACTOR Rochon CorpotPliOA C«*« 1. 3002 I OtoClNAL contract SUM 3 Nft by Cripnga OtPt't 3 contract Sum to oati (itfN i *Mi.. 4 total COMRlETiO & STORED TO 0AT| . iC oA^tm G on C703i 9 RETA.SAGE p or Coti-pNtod wotL O • I Cl 0703' b ol Sta^oc Maionpi P on G7C3> ToIA fWl*n>30 IL«iO 9p • 9b pt ToiA it* CoA<tnn t of C703l ........ 6 TOTAL lARMO LESS R£tannage - - IL^ 4 tptt L<np 9 TotA) 7 LESS to»fV!0uS CIRTkt.CATCS TOR AA>N!CNT (Imp 6 »»Pin pnot Cptti*<tttl • CURPCNT PAYMCrrT DUE 9 BALANCE TO FlNiSH R,.uS PETAlNAGf (Ln« 3 l«tt L<rt« 9( 1.981.000 00 OOO I 911.000 00 97 760 93 4 986 03 9M72 90 18 91280 74 3S9 90 1 888 127 90 State of U.nn«»dta Ca^t# of Hannppy* SobtciApd and tnem to bpt»i« mp thil Ut Pa IMMMMMMMMMIAT^^^A^A A AAAAAAARRAA i I xjfiv JULIE K. ANDERSON i NOTARY PUBLIC - MINNESOTA : ^Va^My Comm. Enpirst Joiv 31.200S ;My Comm. ExpirBO Joiv 31.200S ; Noiaty Rubi< M. Conwr.st^n p.p^vs jA^^Vy 31. 2009 ARCHlTfCT 9 CIRTiPiCATf FOR AAVM8NT to PCCOtdAKP nnri tf«P Contract Oocunpnit ba*Pd on on Mt 9btPtvat«r| pnd tbp data cotnpnppig thp abo^o appaca«<en. ihp Atcrwipci comApt to tbp 0«nr ibat rp ti«p Mti or tr»p Atcrwipct t tnoiptgdgp «ifpnnatdn pnd bo^* ir*o Wort bat ptoerptsod at tftocttpd. tbp P«a>>l. ot inp Wort .t n PCCOtHtr^O VkUb l^« ConKKt OoCwmcntB tnd tn« C»n|/aclO« >t pn|<ti«l tO paymo>«< «r tbp AMOUNT CERTlfliO AMOUNT CtRTmfO.f A>Jt^ atnJLnt appl7;lAttacb t*pt«\aton A amovini ettbfpd ANati ftptn tbp am# /l/» apbtod tot I I iMil nP9Pi abp Tr»p AMOwrtT CERTiFiED ia pa.ati a r actot nptppd nptppt latwanct paytnpni and accppimcp M.inpvl prvn#CC4 to any l•gM| ol tbP Onnpr or ConUKtui Wttdpt tNt Contract PAGE 2 OF 2 CONTINUATION SHEET Substitute AIA Document 0703 LONG LAKE PIPE STATION •mtCATioN omiCAnoai oatk ; pfiiM)o most TO COSiTfUCTOO S MOifCT NO 2 1 lwn02 f M«f02 J1 NUv 02 0204 coot otooo 31154 02200 0243C C25I 02515 JJ*SC 0330C JJ4»C 04200 0345C A 3510C 0550C 0«I0C 04200 04400 0/53:' 07I4C 079CC OilOC 3835: 3830C 0881C 08S0C 0925C 0930C o?5o: 094 5C 353>: 0990C IC35C 1015C 1080C I050C »C2X I052C 10IOC I044C 115a 1249C 1269C I210C 1IIK I55CC 1540C 15300 16C0C aiNLNOMIS SONO eAJtTHWOKK $iTC UTHJTtf S 3 ASeHAiT HAVING SiTf CONCNf TC SiOC^ AM34CAMMG CONCNCTE ■>«cCA$r com :actc MASONfIT OCtCNetlON r :h RftccAsr srefL ^AflAiCArtos $rC£L CRCCTION CAAPfNTIIV CAlVfNTItV MAT lS MiillNONR A00#1NG AATCIVflOOFiNG CAUiRING •<JU OOOASKh^R SECT OVfRHtAO DOOM :0>UNG OOOAS .VOOO WINDOWS GCAS& GLAZING DRtWAiUCifS CCRAMlC/QUAltAV tliC acoustical Cfiunc T CARRCT;VINVL TlLl £J»Oat flOON PAiNTlNG. vinyl •LAG ROLCS ronCT RAAnnoNS rOiiCT ACCISSORICS tOCMRS iCovtRS fitu EAriNGms««CRS CHAK TACC bOAROS OENTifVlNG OfV'CCS RCSjOCNTUL EQUtR AINOOW SUNOS PiOOR MATS wiMiCLl curtain PROJECTION SCREfN MV AC PLUMBMG flR£ protection electrical S-rSTOTAL m TOTAL •CHfOUtfO VAlUt 23 420 00 15 402 00 122 232 00 34 450 00 24 400 00 15 530 00 4? 500 00 •4 400 00 123 443 00 113 050 00 5 822 00 22 145 CO 26 100 00 22 525 00 9^40 00 32 100 00 II4M0 00 eoooo 2 025 00 23 514 00 40 COO 00 3 845 00 28 555 00 14.280 00 49 700 00 13 795 00 8 726 00 22 792 00 28 739 00 31 280 00 1 51200 2 246 00 2 234 00 23 625 00 I C95 00 458 00 1.11200 3 51200 500 00 1 600 00 2 3IS00 4 095 00 1.000 00 132 500 00 156.300 00 31.680 00 183 000 00 1.148 30S 00 112 695 00 1.961 000 00 mtvious AmCATlON 2 952 00 15 602 00 000 000 000 000 000 000 000 000 000 ooo 000 000 ooc 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 ooc 000 000 000 000 000 000 000 000 ooo 19 559 00 92295 19 466 95 tMtS 4mCAT«N 18 244 22 000 55 000 00 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 OGO 000 0 00 000 000 000 000 000 000 000 OOQ 030 o:c uoo ooc 000 000 000 000 000 000 800 00 24S46 2T 3.222 31 78 223 58 STOMO MAriMAL 000 000 oco 000 000 000 OOQ 000 oco oco 000 0 :o 000 oco oco 000 000 oco 000 0 30 000 oco 000 000 ooo 0 CO ooo oco ooo ooo ooo oco ooo ooo ooo ooo ooo ooc ooo 0 03 ooo ooo ooo ooo ooo oco ooo ooo ooo ooo TOTAi TO OATI 21 698 22 15 602 00 55 ooo CO ooo ooo ooo ooo ooo ooo oco ooo oco ooo 0 :o ooo 0 3C ooo 0 00 0 00 ooc ooc ooo ooo oco ooo oco ooo ooc ooo 0 X ooo 0 00 ooo 0 00 ooo 0 00 ooo c oc ooo 0 00 ox 0 >3 0 X C X 0 X ox •X X 93.105 22 4.855 29 92 7X 53 X IX 45 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0 0 0 c 0 0 0 0 0 3 0 c 0 0 0 0 0 0 0 c 0 0 0 0 0 3 0 0 0 RAUUCt tOTAPSM 51 222 23 ox 62 232 X 34 450 X 26 6XX 15 5XX 42 5XX |4 4C0X 173 663 X 113 050 X 5 I22X 22 945 X 26.1XX 27 525 X 9 240X 32 8XX 114 980X LX X 2 025 X 23 5I4X 40 0XX 3 145 X 28 555X 14.2XX 49.2XX 13 285 X 8 226 X 22 282 X 28 239 X 3« 380 X 1 512X 2 246X 2 234 X 2) 625 X 1.095 X 458 X 1.1120 3 512X 5XX 1 8XX 2 3I5X 4 095X 1 oxx 132 5XX 154 OXX 31 8XX 182.2XX 1 22S 199 23 1M.039 74 1 883 239 42 RtrAMACI t.084 91 280 35 2 250X OX OX OX OX ox ox ox ox 0 :o ox ox ox ox ox cx ox ox ox ox ox ox ox cx ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox ox 49X 4 655 26 232 22 4 8U 03 I » Ilfs STATEMENT FOR SERVICES Kirk Pmanun ManaoMMnt Ino. 1179 Sttdant Ave. W. Rosavllto, MN 55113 ! Data:4«ADr-02 ................................ Proiaet Hama:Long Lake PIra Station __ Attantion:Michelle Morse KPMlProi^N §?• •103 ___. Pariod!^ 1 Feb and March 2002 CharaaaFdfTlia Currant BHIina Pariod DMcrintion a ■ **Pfoia^onal Sefvleea February $ 6,210.00 March $ 6.210.00 Total Professional Services 6 12.420.00 ! . .— .—I-——--........—J jMfflj^rsabtoGKBjMisat:__________ ________J ... . iMilaafla ................! 1 • — 1 m a • m» • * [5 trips 0.50 Ml , . ..............' ’ 87.60 1----1----------------------i ; Total Raknbursabia Expanaaa f 87.50 Total Charoaa This Billing Period.__$ 12,507.5p_ \------------------------- Summary Of Account Activity Total Hourly Fees Billed To Date:$ 33.750.00 Total Reimbursables Billed To Date:S 556.95 fi^ Billed To Date ___! f 34,306.05_ 1 iTotal Paid To Date:..I.- 2^799.45. ' Total Amount Due S 12.607.50 fOO/ZOO*a I6Z9# Pags 1 8]l\n 9N01 iO A1I3 ECEOV JUN -6 an 3296 9if 3S6 Z,3S|T 3003.90 ’Nnr # 4. Project Turnover & Occupancy December IS, 2002 thru December 31,2002 Monitor coimnissioning process on behalf of the Owner. Establish and monitor project close*out process on behalf of the Owner. C. Collect and distribute operational and maintenance manuals and warranties. A. B. VI. Owner’s Representative shall not provide any programming services other than managing the development of the program by the Architect. In addition. Owner’s Representative shall not provide any design or construction services or services to cover move coordination, or any involvement to specify, procure, or install telecommunication, technology or computer systems, oiBBce furniture or other Owner furnished e(}uipmeot other than recoounending the timing of the bidding or procurement necessary to meet the overall project milestone schedule. Constructive Ideas Inc., or Kiric Program Management Inc., will not provide legal services, accounting services, architecture or engineering or provide any other services beyond those specifically described in this proposal. COMPENSATION. The Owner’s Representative shall perfonn the above services for the fixed fee of Seventy Five Thousand Three Hundred Thirty Dollars ($75,330.00). The Owner’s Representative agrees that such <iim ciiall be full compensation for all services provided hereunder. Payment of the Owner’s Representative shall be in installments as the work progresses, according to the following schedule: Time period September 1,2001-September 30,2001 October I. •November 30,2001 December 1.2001-Mardx 31.2002 i^)ril 1.2002 -Novethber 31,2002 December 1.2002>December 31.2002 S 2,430.00 S 6.480.00 524.840.00 536.720.00 S 4.S60.00 Baled Lunqtfum S3.240/IDO S6.210/IDO S4,590/fflO T limp timi The final payment of 54,860 shall be paid upon the City’s occupancy of the Fire Station or December 31,2002 which ever is later. The City shall make payment to Constructive Ideas, Inc and Kirk Program Management, Inc. jointly on the last day of the month for services rendered in the prior month. • w The Owner’s Representative shall also be entitled to Reimbursement Expenses directly associated with the Project Reimbursable Expenses shall include and be limited to long distance telephone calls or ftxes, reasonable copying rates, courier service, photos, mileage at a rate of S.3S per mile, and pre*authoiized travel expenses outside of the seven county 900‘d ax\n oHoi 10 aiid ZZ96 9L9 296 99:0I ZOOZtIT’KVr ] T1 INVOICE MESSENGER SERVICE, INC 09S1020M7S 0/31/02 --------T cm V UMO IMS Ana: JQAM eAAUGM 1M4 MK AVfMUC Loao IMS. Ma 9S3M Ramit PaymaniTo: BENOO MESSENGER SERVICE. INC. MANoaSlfMl • 8ulM2N • St Paul. MN MIISOTn (66l)aaSSSM • FAX(M1)4a»«NS t I .»!»• » I ■' H » H.j L h.if H/Hi 1- qzJ4/«Ilti03« Data 0/29/02 MTI 0/1S/O2 0/31/02 Total to urn —.-.Jill Typt Paywnt Ifwoieo Mabor 0130200473 05310200473 OOtO 0/31/02 VW NAY OU HACE TOW nNMir 0 CUUENT 0 ^.MF.tOK lAtE-----—... 1904 PMK AV 161., M 5900 PCS 1 wr 1 Ml 13:10 PAYNENT UWRY dMCkf/ioto dCMIOOl IIMS/15 STATBNENT SUNWAY OrlE. A*t. Paid Ant. 0 M.17 t W.17 % 17.41 This Imraica 57.50 -40.17 CALI M tt Noat lapoaNATioai U) Ml 9C--------- - NPIS. NN 55401 SI0 ANY X M.17 40. if Crodit Ant. t O.M S 0.00 aalanco Ant. t 0.00 S 17.41 0.00 EBs MLiae AT tAM.OEacanEssE)i si.cm 17.41 "T'-T SI,, f". ••dk* •• a 4^ STD 3 Naur yD fUrOTAl ir.41 • I BENOO MESSENGER SERVICE INC (651)4S6-Sm • nOC <661) ?Oof/WO^i^9TC?i liWl^K^iO Tll^' ^ ^296*9f.l^6r*fT^ 2002.0I ‘iinr J JUN 2 4 2002 C\TV OF OBONO REQUEST FOR COUNCIL ACTION DATE: June 18,2002 ITEM NO: / ^ Dcpaitinciit Approval: Nanc Ron Moorse Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administrator ’s Rqrait Item Description: Payment forReplacement of Well on the Ed Miller Property The contractor hired to demolish the house on the property acquired for the new fire station site mistakenly sealed the well on the adjacent property owned by Ed Miller. The cost of replacing the well is $7,372.00. The City has withheld $5,000 from the demolition contractor for the replacement of the well. There is a dispute between the City and the contractor as to which party is at fault for the well sealing. It is recommended that the City pay Mr. Miller the $7,372.00, then work with the demolition contractor to determine how this cost is to be divided between the City and the contractor. COUNCIL ACTION REQUESTED: Motion to approve the payment of $7,372.00 to Mr. Ed Miller for the replacement of the well on his property, and to amend the General Fund budget to reflect the expenditure. iitP.ET^NG JUN 2 4 2002 CITY OF OHONO REQUEST FOR COUNCIL ACTION Date: June 24,2002 Item No: / ^ Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good Xs Chiefof Police X Item Description: Contract for Services - Squad Car Repair Exhibits - None. DISCUSSION 1) The Orono Police Department annually contracts for repair to the squad cars. The current contract with One Stop Auto Service in Long Lake expires on June 30,2001. The police department sent requests for bids to (3) local businesses. Bids were opened on June 5, and closed June 15,2002. 2) Chunk’s Lakeshore Auto also of Long Lake, and One Stop Auto Service were the only businesses to respond to our request. Both businesses were able to meet our precstablishcd criteria. One Stop Chunk’s S25.95 S29.00 S62.25 S70.00 S.115 S.097 Bid Tabulation: Service Repair Hours Cost Analysis Per Mile Average Both of these businesses have provided excellent ser\’ice to the police department in past years. Both have experience with public safety vehicles from other area communities. Although One Stop’s service repair charge and routine maintenance charges are lower, a cost analysis comparing per mile costs of maintenance was lower for Chunk’s. Staff recommends award of the contract for Orono public safety vehicle maintenance and repair to Chunk’s Lakeshore Auto for the period of July 1,2002 through June 30,2003. COUNCIL ACTION REQUESTED Motion to award contract for public safety vehicle maintenance and repairs to Chunk’s Lakeshore Auto for the period of July 1,2002 through June 30,2003. I / " / 4 r JUN 2 4 2002 giTY OF ORONO REQUEST FOR COUNCIL ACTION DATE: June 19,2002 ITEM NO: l^f Department Approval:Administrator Reviewed:Agenda Section: Nanc RonMoorse lt/1,City Administrator's Title City Administrator __m___Report Item Description: Scheduling of Council Wt^fksession There are a number of topics to be discussed in a Council work session. Potential dates and times are as follows: -Monday, July 1,5:30 p.m. -Tuesday, July 2,5:30 p.m. -Wednesday, July 3,5:30 p.m. Please check your calendar to determine if any of these dates will work for you. COUNCIL ACTION REQUESTED: Motion to select a date and time for a Council worksession. rr; JUN 2 4 2002 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: June 6,2002 ITEM NO: /5^ Department Approval: Name LinVee W *riai^ nUmV T Administrator Reviewed:Agenda Section: Licenses Title City Clerk Item Description: List of Licenses for Council Approval GARBAGE HAULER 1.Veit Container Corp 1400 Veit Place Rogers, MN 55374 HOME OCCUPATION LICENSES Attached is an application from Jonathan Tomhave for a home occupation license to sell historically significant firearms. The ATF (Alcohol, Tobacco and Firearms - federal agency) has approved Mr. Tomhave ’s license, subject to meeting the license requirements of the City. The City has previously granted similar licenses to property owners at 3380 Watertovm Road and 120 Golden View Drive. Mr. Tomhave has also indicated that his property is part of the Mn/DOT Highway 12 acquisition and would only require a license from the City through November, 2002. 1.Jonathan Tomhave (Sale of historically significant firearms) 1200 Orono Oaks Drive Orono. MN 55356 SPECIAL EVENT LICENSES 1.Applicant: Event: Race Route: Date: Time: Rick Recker Com Days Annual 4 Mile Run Hackbetry Park at Willow Drive, south to Brown Road, north to Orchard Lane, west to Holbrook Park August 11,2002 11:15a.m. Request for Council Action continued Page 2 June 19, 2002 Licenses for Council Approval _____ t i f ■ « Attached is a letter from the Navarre Dog Days Committee requesting that the City waive the special event permit fee of $200 for the Dog Days of Summer event to be held on August 10,2002. A Iso attached is a draft permit and supporting information regarding the Dog Days of Summer event. A number of conditions have been placed oii the event which relate to parking, signage, parade, children’s activities, live music, sale of beer, and cleanup. Representatives of the Dog Days ConuiUttee will be in attendance at the meeting to answer any questions Council may have. 2.Applicant: Event: Location: Date: Time: Judy Daghmer/Dog Days of Summer Committee Dog Days of Summer Navarre Business Area August 10,2002 10:00 a.m. - 8:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the request to waive the special event permit fee of $200 for the Dog Days of Summer event. Motion to approve/deny the above listed licenses. city ofOrooo Boz €6 (2750 Kelley Parlcway) Ciystal Bay, MN 55323 (952)24M600 License Year • tMS Date Received" *1 - n-ii, Fee Paid _3J^lnitiaIs BO Garbage & Refuse CoUector's License Application TT»e undersigned wishes to operate the indicated business in the City of Orono and herewith makes appIicaHons for a license to do so. Business/Firm. Address Veit Container Corp dba Veit Disposal Systems 14000 Veit Place (Street) Business Phone Number 763-428-2242 Rogers MN (City)(State) 55374-9583 (Zip code) Applicant ’s Name ______ __ Address 6200 Knoll Drlvg Steve Haleren (Street) Phone Number 952-23R-HAAS Edina MM (City)(State) 55436 Check One:Individual Partnership (Zip code) YY Corporation Number of Vehicles to be used in Orono 3______ DeKription of Vehicles (attach list if more): g££ ATTACHED Xsai; Mfyt Gross w^ Rear Axle Wt. Size/Yards 'W . A/lC^cM- J/CetfCCO _/0/^n /o, 70, uq 42^ ^L'A^CIC. .J/la^CCO / -Q . 1 /O 70 License Number y/} P ^3 l '7 F> I General area of City served As Requested Schedule of Collection charges/dates As requested by customer Approximate number of customers in Orono Location of dumping area __Vonco Landfill, 19000 Countv Road C Bin Lake Township 55309 IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING: ■ Surety bond in the amount of SI,000. ■ Proof of insurance in ’he amount of SIOO.OOO - S300.000 - $50,000 and lO-day cancellation clause. ■ Annual fee is a g4Q .Qft flat rate fee, plus SIS.OO per truck, and a S30.00 transfer fee (If applicable). I am the owner and operator of the above business and I have paid all license fees and ta.xes required by law. I have verified that the.above information is correct Applicant Signature'* Steve Halgren FOR^ITY USE ONLY* After review of application, staff recommends: K Approval 4-12-02 Dale Signature of G1^0f!tciaf' Denial Other (specify) APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 • 0 $ • AnnRFSS: I 7m 6)'r&u.o dOaUc^ ~D -. PHONE:^^^ yV3 -g 7ot> >sr<i^3<5^ street cily/statc ^ 7 i /n. g>T diCLVaUAAj^BUSINESS NAME: _____________/U ru^ c’t o.#ccr^ws^^ TYPE OF PITSINESS TO BE OPERATED: Sa/e li»S'Lt Yra^ci € ’W^a^-i Number of Employees Within Operation: / (Provide names of employee»<^n bactA)f application) Check One: Tnitia! Review Fee $50.00 ^ Annual Review Fee S30.00____ License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation to engage m operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3! No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock In trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and aiqr additional conditions the City may require. cignatiiwnfApplicant: C Date: T, o 2^ FOR CITY USE ONLY: Alter review of application, staff recommends the following: _________Approval of application __________Denial of application Signature of Zoning Official:_^ ./?Date: Signature nf Building Official: C — AppUcation Date:,_______^Date License Approved:. Date: S . -02. Date License Expired: I aik.«V ■ IB TB m flt" r * —Br"Fl»r^^rw 1 ^••J listing of EMPLOYEES: & TSBij^t<^4iO ZJ./J S'S’SiTL. DATE OF BIRTH; / 2,. » ^<r AME: ADDRESS: OTY&ZIP; NAME: ADDRESS: OTY&ZIP: DATE OF BIRTH: NAME: ADDRESS: cmr&ziP; DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP; DATE OF BIRTH; DATE OF BIRTH: NAME: ADDRESS: OTYAZIP: DATE OF BIRTH: NAME; ADDRESS; CTTYAZIP: DATE OF BIRTH: NAME: ADDRESS: OTYAZIP: DATE OF BERTH: 1 CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: Type of Event: June 25,2002 August 11,2002 11:15 a.m. Corn Days Annual 4 Mile Run Name of Person(s) And/or Organization Sponsoring this Event: Rick Recker (Church of St. George*Long Lake) 19 South 1“ Street, #2203 Minneapolis, MN 55401 Phone: 612-375-0805 Location of Event:Hackberry Park to Holbrook Park (Hackberry Park at Willow Drive, south to Brown Road, north to Orchard Lane, west to Holbrook Park) The following documents are required and on file at the City Administrative Offices: • Certificate of General Liability Insurance • Proposed Route of Event • Approval from Orono Police Department and Building and Zoning Department The following conditions have been placed on this event: • This special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • Race volunteers to be available to assist with traffic at the following locations: Start Point Watertown/Willow Brown/Willow Brown/Fo.\ Brown/W atertown Brown/Orchard Finish Point Cleanup Start and Finish areas. Permit holder is responsible for removing all related signs at the end of the event. For reserve officers, contact Officer John Schoenhoff to determine availability. Phone: (952) 249-2024. Runners to be asked to run facing traffic at the Start. Long Lake Fire Department to be asked if Resuce Squad can be available for emergency medical needs. Contact through Long Lake City Hall. Approved at City Council meeting on: June 24,2002 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Ciysul Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.mn.us r Jim9,«x» To Whom It Mdy Concern: Itw hfaverre D09 Days Committee would like to 0^ the city to waive the permit fees for our event. The $200.00 fee would put 0 serious dent in out limited budget. Our event is onon*profit celebration, and Orono's only grass>rootscomimni1y event. Our golf tournament will, hopefully, raise thousonds of dollors for our porks. Any civic leaders ore welcome to come ond meet their neighbors at our celebration in Navarre. We would oppreciote the cit/soct of goodwill in this mottcr. Sincerely. Navarre Dog Days Committee L ' . . I J y"fete-CITY OF ORONOmSPECIAL EVENT PERMIT Date Issued: Date of Event: June 25,2002 August 10,2002, Saturday Type of Event:Navarre Dog Days of Summer Dog Days Parade -10:00 a.m. Children’s Activities at Navarre Park - 10:00 a.m. - 2:00 p.m. Outdoor Live Entertainment and Beer Sales - 4:00 p.m. - 8:00 p.m. Time:10:00 a.m. • 8:00 p.m. Name of Pcrson(s) And/or Organization Sponsoring Ibis Event: Judy Shields (Daghmer’s Unique Stuff) 2385 Shadywood Road Orono, MN 55391 Phone:952-471-3033 Location of Event: Navarre Business Area The following documents are required and on file at the City Adminutrativc Offices: Certificate of General Liability Insurance Site Plan Approval from Orono Police Department Approval from Orono Building and Zoning Department See attached for conditions that have been placed on this event. Approved at City Council meeting on: June 24,2002 (City Seal) Ronald J. Moorse, CiQr Administrator 2750 Kelley Parkway, P.O. Box 66, Ci)«al Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.nin.us The following conditions have been placed on the Navarre Dog Days of Summer event: • This special event permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances, alcohol violations, or identification of hazards to safety of the public. «• Public event parking limited to Navarre Municipal Parking Lot. All vehicles to be legally parked; illegally parked vehicles may be towed. • Signage to be allowed as follows: ► Two signs to be located on private property only at the intersections of County Roads 15 and 19; must have property owner ’s permission. ► Signs to be placed low and so as not to impact traffic visibility; relocation of signs will be required if City concludes any hazards to traffic e.xist. Size not to exceed 10 square feet. Signs may be posted no more than 10 days prior to the event. Permit holder is responsible for removing all signs at the end of the event. Parade route for participants and their pets will be from the Navarre Park to D’Vinci’s with a turnaround and back to the Navarre Park; route will cross L>Tic Avenue and follow sidewalks along County Roads 19 and 15. Participants to stay on sidewalk during the parade. Children’s activities will take place in the Navarre Park from approximately 10:00 a.m. to 2:00 p.m. Live music to be allowed from 4:00 p.m. - 8:00 p.m. only in the fenced area on the property behind the Narrows Saloon. Temporary outdoor sales of beer to be allowed only in the fenced area on the property behind the Narrows Saloon on the day of the event with the following restrictions. ► Outdoor beer sales and possession allowed only between the hours of 4:00 p.m. and 8:00 p.m. in the fenced area. ► Access to outdoor beer area to be controlled and accessed only through the bar area. People cannot walk off freely with drink in-hand. ► ID s to be checked with an “under 35 years of age ” standard. One person must be assigned to check ID’s of people entering the bar area. ► Alternative non-alcoholic beverages must be available. The Narrows Saloon to provide insurance to cover outdoor activities and Dram Shop coverage to include outdoor activities. City to be notified if insurance is changed or cancelled prior to event. Notice given to all area residents regarding the ev-ent activities, hours, live music, and opportunity to voice concerns with the City. Written consent of all adjoining property* owners. Cleanup after the event to include the neighborhood as well as the parking lot area. Contact Officer John Schoenhoff at 952-249-2024 of the Orono Police Department to determine if police reserves are available. 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.mn.us NAVARRE ’S DOG DAYS OF SUMMER AUGUST 10.2002 The enclosed information outlines the details and description for Navarre ’s Dog Days of Summer event scheduled for August 10.2001. The calendar of events on Saturday will include the following; • Dog Days Parade —participants to bring their pets • Kids Activities at the park r • Merchant sates • Live entertainment • Main event to be tocated behind The Narrows Saloon • Scheduled time is 4:00 p.m. - 8:00 p.m. • Beer and bottled water will be served within this timeframe We ‘estimate ” the attendance for this event between 200'300 people (maximum) throughout the 4-hour period. We based this estimate on similar Twin Cities events that draw this attendance. The site plan is enciosed and outlines the fenced areas and the entrances and exits (includes the back entrance at The Narrows Saloon). ID will be checked at these points and some form of status will be provided for ‘of age ” participants (i.e. wristbands/handstamp). This will ensure the sale of beer to the appropriate individuals. The site plan also shows the placement of the temporary toilets and the beer trailer. Hard liquor will not be served or consumed in the fenced area. Parking in the public lot will allow more than enough space as we are counting at least 93 spaces in the public lot and an additional 7 at the minimum in the private lots (including Daghmer*s Unique Stuff. True Value. D'Vinci's. behind Lakeshore Interiors ’ building in the back, and on Shoreline Drive). Included are 2 petitions of support from the affected merchants/neighbor. The route for this event will be exits in and out of the parking lot off Lyric from 19 and off of Shoreline Drive by D'Vinci ’s. Through traffic will be blocked on Lyric at the SW side of the park at the commencement of the day and continue through 8:00 PM. Last year the city provided the blockade. It is assumed that this will occur again this year. The Police Department indicated the need to post Fire Lane-No Parking signs from Lyric from the rear of Dittrich ’s residence and Daghmeris Unique Stuff to fenced area to create unobstructed access. Signage is already posted for Resident Parking only at the street at the rear of Dittrich ’s and Mr Dittrich will be available to ensure compliance. There was also a concern about a sign posted for ‘Illegally Parked Cars Will Be Towed ” off Lyric. A request will be made to Public Works if it is deemed to be an issue. EnckMed is the necesMry Certificate of General Liability Insurance naming the city and its agents as additional insureds, for your review. In addition, The Narrows will be responsible for notifying the City if insurance is cancelled. The Narrows Dram Shop coverage will extend to event sales. Included in permit submittal is a copy of a letter that is being delivered to neighbors on Lyric. Livingston. Crystal Place, Blaine. Navarre Avenue. Olive Avenue and Bayvlew, notifying them of the event I am also Including a copy of the letter sent to Chief of Police. Stephany Good and the resulting list of concerns. The concerns are addressed above and in list format in the enclosed attachment Please call Judy Shields. Daghmer's Unique Stuff, at 471-3033 with questions. We thank you, again for your support of Navarre and the upcoming Dog Days. ? 1 V"/ —:a e»» \s N».*rcii^9 i ■M uadiJa . .<► Dtar Neighbor, The city of Navarre is planning the 3”* Annual Dog Days of Summer event The event will include a variety of activities. The following Is a proposed calendar of event for Saturday, August 10*^. Dog Days Parade In the park In the morning (time to be announced)— bring your furry friends to Join in the fun Fun activities for the kids • Navarre merchant specials, sales, drawings, etc • Main event with live entertainment from 4p.m.- 8p.m. 85 cover charge. Proceeds to go to Navarre improvement fund. This will also include beer sales. Please be aware that this event will be on the agenda for final approval at the June 24*^ City meeting. If you have any questions or you are interested in volunteering, please contact Judy Shields, Daghmer*s Unique Stuff, 471-3033, Alisa Rashid, The Sign Age, 471-9304. May 21.2002 Dear Stephany, We apologize for the delay in getting you this information for the Special Events Permit we are going to submit for Dog Days. The enclosed information outlines the site plan for the portion of Navarre Dog Days. August 10.2001. Saturday that will include beverage sales and live entertainment We ‘estimate* the attendance for this event between 200-300 people (maximum) throughout the 4 hour period (4:00 pm - 8:00 pm). We based this estimate on similar Twin Cities events that draw this attendance. We are confident that we are being overly cautious in our estimate versus under estimating the attendance. Parking in the public lot will allow more than enough space as we are counting at least 93 spaces in the public lot and an additional 7 at the minimum in the private tots (including Daghmer's Unique Stuff. True Value. DVinci’s. behind Lakeshore Interiors’ building in the back, and on Shoreline Drive). The route for this event will be exits in and out of the parking lot off Lyric from 19 and off of Shoreline Drive by D'Vinci's. Through traffic will be blocked on Lyric at the SW side of the park at the commencement of the day and continue through 8:00 pm. We are also enclosing the necessary Certificate of General Liablity Insurance naming the city and its agents as additional insureds, for your review. We do not have a homeowners association to be concerned with. However. I am including a copy of the retail owners' approval that will be affected by using the proposed site for the live entertainment on August 10,2001. We have not had the opportunity to gather the necessary signatures from the Navarre neighbors that will be affected by this event We were unable to locate the onginal petition from our efforts last year. The current petition will be submitted at the time of formal application. This information, in addition, to the state book that Jim Anderst supplied you, should hold us in compliance with the necessary documents you need to provide a Letter of Approval for our Permit Application. We are certain you will have some questions. As you may recall, we are meeting again on Thursday at the Chamber Office at 8:30 am. This may be an opportunity to address the group again on any concerns you have or foresee. We thank you, again for your support of Navarre and the upcoming Dog Days. Ti 1. 2. 3. 4. 5. 6. 7. 8. n. NAVARRE DOC DAYS CONCERNS Citgo approval of plan. Resident on Shadyv^ood at Lyric (Dittrich approval) Approval of private property owners in Navarre lot for parking (Behind Westonka Interiors). Post “Fire Lane-No Parking ” signs to create open unobstructed access to rear of Dittrich’s and Daghmar ’s up to fence line for beer area. Access to beerA)and area to be through Narrows only if ID can be checked and people can ’t wander freely into Citgo, Daghmar ’s, GangelhofTs, etc. Current site plan has fenced area including public area between Citgo and Norrows. Permit must say “Music Will End by 8:00 p.m. Plan for alternative non-alcoholic beverages. 9. Permit to say “Outdoor Alcohol to End by 8:00 p.m.' 10. Outdoor alcohol not to start before 4:00 p.m. (Sales/Possession) 11. All merchants using Navarre lot to approve, i.e.: Navarre Hardware, All State Ins.. Westonka Glass, Art Gallaiy, etc. 12. Signs posted at parking lot acc^ points stating “Illegally Parked Cars Will Be Towed.” (Off 15 and Off Lyric) 13. Will hard liquor be allowed to go from bar out into fenced area? State law allows if City permits (per Scon Miller, Enf. Officer, MN DPS AGED office. 14. Will Dram Shop coverage extend to event sales? 15. Requirement that City be notified if insurance is canceled or structure the binder/rider to require City’s consent to cancel insurance. 16. Permit to specify where liquor/beer will be dispensed qnd consumed. r '\y OA/ Zj ^ C-iU-O //o4a/^5 5 tX i f% f S A Addendum to Permit Application for Navarre Dog Days of Summer This addendum addresses #5,7,8,9,10,13,14,15,16, & 17 (see attached). #5—Access to beer/band area to be through Narrows only if ID can be checked and people can’t wander freely into Citgo, Daghmer ’s, etc. The area to be fenced off will not allow people to wander freely into surrounding businesses. There will be a person at the door of The Narrows and outside at a designated entrance/exit checking ID. #7,9, & 10—Permit must say ’’Music Will End by 8:00 p.m.” and ”Outdoor Alcohol to end by 8:00 p.m.”. Outdoor alcohol not to start before 4:00 p.m. (Sales/Possession). #8—Plan for alternative non-alcoholic beverages Bottled water will be provided outside. #13-—Will hard liquor be allowed to go from bar out into fenced area? Hard liquor will not be allov'e i to go from bar out into fenced area. #14—Will Dram Shop coverage extend to event sales? Dram Shop coverage will extend to event sales #15—Requirement that City be notified if insurance is cancelled or structure the binder/rider to require City’s consent to cancel insurance The Narrows will notify the City if insurance is cancelled. #16—Permit to specify where liquorA)eer will be dispensed and consumed. Liquor and beer will be served and consumed inside The Narrows Saloon (see #13 above). Beer will be dispensed and consumed in the fenced area and inside The Narrows Saloon. #17—Notify neighbors by letter on Lyric, Livingston, Crystal Place, Blaine, Navarre Ave, Olive Ave, Bayvlew of Event, Live tend. Hours, Etc. See attached letter that was hand delivered to above-mentioned neighbors. Posters in surrounding merchants will also address the calendar of events. r t- I have reviewed the plan for Navaire ’s Dog Days of Summer Events, including die pad^ needs and the fenced dff areas for the live entertainment. I sjlfpport and approve foe use of me parking areas for participants. I support and approve foe events for Saturda^/August, 10. including foe live entertainment bet^en 4pml-* 8pm. Citga TrueValuJ ^ ^ Coua.V American Family Insurance ~^co«nJK vte<\ioir gL ^ Lakcshore Interiors cA/tA c— Friends & Neighbors _ i DVinci's hfr. VXvMq vajl _ "SrVwQ Gallery Navarre Westonka Glass Marcel Dittrich See attached for approvals from The Narrows Saloon, JulAnn Salon, & Magic Cleaners. Petition addresses #1,2,3 and 11 on Navarre Dog Days Concerns. i I am aware of and approve the live band in our parking lot on August 10.2002 for Navarre ’s Dog Days of Summer event from 4Spm. The Narrows Saloon Magic Cleaners \ • ■ naif II fftrri'--»' If. JUN 2 4 200z ClIYUFOHONCJ CITY OF ORONO Check Detail Registertg) 06/21/02 7 41 AM Page 1 JUNE 2002 Check Amt Invoice Comment 10100 Primary Ceeh Paid Chk# 073731 6/12/2002 WINTERNHEIMER. AUSSA E 101-41300-319 Other Professional Services 30 Total WtNTERNHEIMER. ALISSA $135 00 Counal Minutes 5/13/02 Paid Chk# 073732 6/24/2002 A.J. GALLAGHER A CO OF MN, INC E 613-49830-370 Insurance Agent of Record E 601 -49400-370 Insurance Agent of Record E 602-49450-370 Insurance Agent of Record E 101-41900-370 Insurance Agent of Record E 101-42110-370 Insurance Agent of Record ToUl A.J. GALLAGHER A CO OF MN. INC $75 00 16871 $8000 18871 $18500 18871 $550 00 18871 $91000 18871 $1.800 00 Qtr 3 Ins Agent Qtr 3 Ins Agent Qtr 3 Ins Agent Qtr 3 Ins Agent Qtr 3 Ins Agent Paid Chk# 073733 6/24/2002 ALL STAR ELECTRIC E 101*43000>224 Street Mainl. Matenala/Supply $120.12 5164 Parking Lot Power E 101-43000404 Repairs/Maint-Bldgs/Grounds $204 46 5192 Exhaust Mtr - Shop Htr E 101-43000224 Street Maint Materiats/Supply $72 02 5215 Cty 6 A Hwy 12 Light E 101-41900404 Repairs/Maint-Bldgs/Grounds $63 95 5224 Power to Fire Alarm Total ALL STAR ELECTRIC $46055 PM Chk# 073734 6/24/2002 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txbl ToUl AUGIES MOBILE CHEF $5062 29455 $50 62 Cheesburger. Hot Dog Paid Chk# 373735 6/24/2002 AUTO ELECTRIC SPECIALISTS E 101-43000-403 Repairs/Maint-Misc Equip $97 01 6295 ToUl AUTO ELECTRIC SPECIALISTS $97 01 Alternator - Sweeper Paid Chk# 073736 6/24/2002 E 101-42110-437 Training & Development ToUl BCA • FORENSIC SCIENCE LAB BCA - FORENSIC SCIENCE LAB $40 00 6025655 $40 00 Intox Refresher • J Johnson Paid Chki 073737 6/24/2002 BERGERSON-CASWELL INC. E 601-49400-405 Total Repatrs/Mairtt-Watarmaina/planl BERGERSON-CASWELL INC. $26a00 $260.CM3 84680000 Chk Voltage - Well *1 Paid Chk# 073738 6/24/2002 BIFFS INC. E 101 -45200-415 Other Equipment Rentals E 101 -45200-415 Other Equipment Rentals E 101-45200-415 Other Equipment Rentals E 613-49830-415 Other Equipment Rentals E 101 -45200-415 Other Equipment Rentals ToUl BIFFS INC. $145 54 W161045 $140 52 W161046 $140 52 W161047 $80 91 W161048 ($2 51) W161049 $504.98 Portable - Bederwood Portable - Summit Beach Portable - Hackberry PorUble - GC PorUble - Nav Plygrnd Paid Chki 073739 6/24/2002 BLACKOWIAK A SON E 101-4190CM89 Other Miscellaneous Charges $191 72 10135835 Solid Waste - CM E 101-4520(M03 Repairs/Maint-Misc. Equip $157 80 10135851 Solid Waste - Lake Area E 613-49830-489 Other Miscellaneous Charges $72 33 10135870 Solid WasU - GC E 101-45200-403 Repairs/Maint-Misc Equip $157 80 10135909 Solid Waste - Bedeiwocd E 101-45200-403 Repairs/Maint-Misc Equip $6575 10135944 Solid WasU-LL Beach E 101-45200-403 Repairs/Maint-Misc. Equip $7890 10135957 Solid WasU-Hackberry Tout BLACKOWIAK A SON $724.30 Paid Chk# 073740 6/24/2002 BOLTERMAM, MATT E 101-42400-221 EquipiTwnt Parts S Acotttortds $3.11 6/11/02 Inspection SuppOes E 101-42400-441 Licenses S Taxes $4500 6/11/02 MOH Exam Fee ^ OM.. ^ CITY OF ORONO Check Detail Register® 06/21/02 7 41 AM Page 2 JUNE 2002 Check Amt Invoice Cofnmenl E 101-42400-437 Training & Development $99 00 6/11/02 NEHA Registration ToUl BOLTERMAN, MATT $147.11 Paid Chk* 073741 6/24/2002 BORIS. SCOTT E 101-42110-221 Equipment Parts & Accessories $50 00^ 4/7/02 Computer tool Kit ToUl BORIS, SCOTT $5000 Paid Chk# 073742 6/24/2002 BOTTENBERG, WENDY E 101-41900-221 Equipment Parts & Accessories $54.97 6/10/02 Photo Card Reader E 101-42400-331 Travel Expenses $966 6/17/02 Mileage • PC Padtets Total BOTTENBERG.VYENDY $64 63 Paid Chk* 073743 6/24/2002 BUDGET PRINTING E 101.42110-322 Postage $8 63 21576 Shipping Charges E 101-42110-322 Postage $7 65 5/17/02 Shipping Charges ToUl BUDGET PRINTING $1628 Paid Chk* 073744 6/24/2002 BUREAU OF ATF E 613-49830-441 Licenses & Taxes $250 00 41-6008585 2003 Dealer Tax ToUl BUREAU OF ATF $250 00 Paid Chk* 07374S 6/24/2002 BUSINESS FORMS S ACCOUNTING E 651-49910-201 Office supplies $294 42 29374 Laser Utility Bill E 601-49400-201 Office supplies $98.14 29374 Laser Utility Bill E 602-49450-201 Office supplies $196 28 29374 Laser Utility Bill ToUl BUSINESS FORMS A ACCOUNTING $588 84 P^Chki 073746 6/24/2002 COLE INFORMATION SERVICES E 101 -42110-433 Memberships & Subscriptions 273060 ToUl COLE INFORMATION SERVICES $288 95 2002 Reverse Directory Paid Chk# 073747 6/24/2002 CONNELLY INDUSTRIAL ELEC. E 602-49450-406 Repairs/Mamt-Svirr lines/lifts $176 50 E 602-49450-406 Repairs/Maint-Swr lines/ltfls Tout CONNELLY INDUSTRIAL ELEC. $191 87 7065 7074 Check LS#30 Mini Bayor>et Paid Chki 073748 6/24/2002 CONSTRUCTION BULLETIN E 602-49450-340 General Advertising $115.91 E 602-49450-340 General Advertising $115.91 Total CONSTRUCTION BULLETIN $23182 2043559 2053979 Adv For Bids-SCADA Adv For Bids-SCADA Paid Ch'K* 073749 6/24/2002 CYS UNIFORMS E 101-42110-226 Clothing & personal equipment ToUl CY8 UNIFORMS $227.75 9145 $227.75 Pants, Shirts • Tomcheck Paid Chk# 073750 6/24/2002 DCA • WIRE ONLY G 101-21719 DCA/Spending Accounts Tout DCA-WIRE ONLY $155.56 6/11/02 $155.56 Spending Accounts 6/11/02 Paid Chk# 073751 6/24/2002 DELTA DENTAL G 101-21709 Dental Insurance Total DELTA DENTAL $1.283 20 37220072 $1,283.20 Dental Premiums - 7/02 Paid Chk# 073752 6/24/2002 DOBO'S E 101-41110-439 Meeting Expenses E 101-42110-437 Training & Development $78.90 4303 $27910 4303 Meat - Work Session Meal • PoHoe Training 1 CITY OF ORONO *Check Detail Register® 06/21/02 7 41 AM Page 3 JUNE 2002 Check Amt Invoice Comment ToUl DOBaS $358 00 Paid Chk« 073753 6/24/2002 DONALD SALVERDA B ASSOCIATES E 101-41300437 Training & Development $600 00 Moorse Eff Management Program Tout DONALD SALVERDA 4 ASSOCIATES $600 00 Paid Chki 073754 6/24/2002 EGAN4ICKAY ELECTRICAL CONTRCfR E 101-43000-408 Contracted Street Maint $222 50 53004 ToUl EOAN-MCKAY ELECTRICAL CONTRCTR $222 50 Repair Signal-Hwy 12 OCB Paid Chk# 073755 6/24/2002 ELECTRIC PUMP E 602-49450-406 Repairs/Maint-Swr tines/lifts ToUl ELECTRIC PUMP $433 00 20633 $43300 Check LS«30 PaidChk# 073756 6/24/2002 EMERGENCY AUTOMOTIVE TECH INC E 101-42110-550 Automotive Equipn>ent $4.049 89 11408 Set Up Squad #193 ToUl EMERGENCY AUTOMOTIVE TECH INC $4,04969 Paid Chki 073757 MAi2002 ESS BROTHERS A SONS E 602-49450-227 Utility System Maint Supplies Tout ESS BROTHERS A SONS $191.70 EE2220 $191 70 Extension. Seal PaidChk# 073/58 6/24/2002 FLEXIBLE PIPE TOOL CO E 602-49450-221 Equipment Parts & Accessories $224 74 7279 Jet Rodder Parts Total FLEXIBLE PIPE TOOL CO $22474 Paid Chk» 073759 6/24/2002 G B K SERVICES E 101-43000-221 Equipment Parts & Accessories $4761 237002 Shop Towels E 101-43000-226 Clothing & personal equipment $67 73 237002 Uniforms E 602-49450-221 Equipment Parts & Accessories $29 02 237002 Uniforms E 613-49830-226 Clothing & personal equipment $7 72 237003 Uniform • Steffenhagen E 601-49400-226 Clothing & personal equipment $14 08 237004 Uniform - Rathbun E 101-43000-226 Clothing & personal equipment $60 08 243878 Uniforms E 602-49450-226 Clothing & personal equipment $25 74 243878 Uniforms E 613-49830-226 Clothing A personal equipment $7 72 243879 Uniform • Steffenhagen E 601-49400-226 Clothing A personal equipment $14 08 243880 Uniform • Rathbun E 101-43000-404Repairs/Maint-Bldgs/Grounds $90 04 243881 Mat Service - PW E 101-42110-404 Repairs/Maint-Bldgs/Grounds $107 05 243883 Mat Service - PD Tout GAKSERVICES $470 87 ~ Paid Chk« 073760 6/24/2002 GEAR WEST SKI S BIKE E 101-42110-403 Repairs/Maint-Misc. Equip $5161 6n/02 Bike Tune Up ToUl GEAR WEST SKI A BIKE $5161 Paid Chk# 073761 6/24/2002 GENUINE PARTS CO. E 101-42110-221 Equipment Farts A Accessories $21.60 682103 Washer Fluid E 101-43000-221 Equipment Parts A Accessories $22 43 683154 Oil Filter ToUl GENUINE PARTS CO. $44 03 Paid Chk# 073762 6/24/2002 GOOD, STEPHANY E 101-42110-437 Training A Development $165 40 6/6A)2 Lodging - Chiefs Cont E 101-42110-437 Training A Development $193 62 6/6A)2 Meals E 101-42110-437 Training A Development $290.00 6/6A)2 Registration-FBI Academy Tout GOOD. STEPHANY $649.02 Paid Chk# 073763 6/24/2002 GOPHER STATE 01 E 601-49400-489 Other Miscellaneous Charges $60 45 2050611 May Locates i CITY OF ORONO Check Detail Register® JUNE 2002 Check Amt Invoice Comment E 002-494SCM89 Other Miscellaneous Charges Total GOPHER STATE ONE-CALL $6045 2050611 $120 90 May Locates Paid Chki 073764 6/24/2002 HANSEN, STEVEN C. E 10143000-226 Clothing & personal equipment Total HANSEN. STEVEN C. $100 00 6/11/02 $100 00 Steel Toed Boots Paid Chki 073765 6/24/2002 HENNEPIN COUNTY SHERIFF E 10142110-221 Equipment Parts & Accessories $165 76 1-138-218 E 10141Q0O-3O9 Jail Charges $612 44 V02 E 10141600-309 Jail Charges $650 76 4/22/02 Tout HENNEPIN COUNTY SHERIFF $1.428 96 Nicad Batteries Booking Fees - 3/2002 Booking Fees 1/02 Paid Chk» 073766 6/24/2002 HENNEPIN COUNTY TREASURER-ACCT E 10143290-800 Special Projects. Contingency $300 00 Plat Tout HENNEPIN COUNTY TREASURER-ACCT $300 00 Plat • Fire Station Prop Paid Chk# 073767 6/24/2002 HENNEPIN COUNTY TREASURER-GEN E 10141600-309 Jail Charges $889 00 490 Room and Board • 3/2002 ToUl HENNEPIN COUNTY TREASURER-GEN $88900 Paid Chk# 073768 6/24/2002 HINSHAW A CULBERTSON E 10143280-307Legal-Ccnsutting $733 56 10232979 Applications - Apr 2002 E 10141600-307Legal-Consulting $88 00 10232980 3345 Crystal Bay Road E 10141600-307Legal-Consulting $889 32 10232980 Hollander hazardous BkJg E 10141600-307Legal-Consulting $11000 10232980 HOAP Loan - Kirkvold E 10141600-307Legal-Consulting $77 00 10232980 Extension Resolution E 10141600-307Legal-Consulting $57 52 10232980 Review Title Ins-Lurton E 10141600-307Legal-Consulting $44 00 10232980 Medina - Gramercy E 10141600-307Legal-Consutting $33 00 10232980 Purch Agree-City Land E 10141600-307Legal-Consultir>g $186 00 10232980 FMLA Issues E 10141600-305Legal-Retainer $1.100 00 10232981 Council Mtgs Apr 2002 ToUl HINSHAW A CULBERTSON $3.31840 Paid Chk# 073769 6/24/2002 IPF TEST SERVICES. INC E 10142110-319 Other Professional Services ____ ToUl IPF TEST SERVICES. INC $350 00 $350 00 5/23/02 Psychological Exam Paid Chk# 073770 6.74/2002 J.R/S APPLIANCE DISPOSAL INC. E 10143270442 Spring.Fall.X-mas Cleanup $130_00 31547 Total J.R.'S APPLIANCE DISPOSAL INC. $130 00 ~ Aplliances - Clean Up Paid Chk# 073771 6/24/2002 LAKE MTKA AREA CHAMBER OF COM E 10141300433 Memberships & Subscnptions ^^^ 99 ToUl LAKE MTKA AREA CHAMBER OF COM $236 66 06/21/02 7 41 AM Page 4 # ! } 2002 Chamber Membership Paid Chk# 073772 6/24/2002 LEAGUE OF MN CITIES INS. TRUST E 70349960-151 Worker's Comp Insurance Prem $29.379 00 02-000362-17 2nd half 2002 Work Comp ToUl LEAGUE OF MN CITIES INS. TRUST $29 379 00 6/24/2002 LEHNE*S TIRE SERVICEPaid Chk# 073773 E 10143270442 Spnng.Fall.X-mas Cleanup ToUl LEHNE'S TIRE SERVICE $793 50 11669 Tire Disposal $79350 Paid Chk# 073774 674/2002 LMCIT-BERKLEY AOMIN E 70349960-361 General Liability Ins $23,258.75 10187 Comp Munic Cov Pymnt #3 CITY OF ORONO *Check Detail Register© 06/21/02 7 41 AM Pages JUNE 2002 Check Amt Invoice Comment Total LMCIT-BERKLEY AOMIN $23,258.75 Paid Chk« 073775 6/24/2002 LONG LAKE POWER EQUIPMENT E 101-43000-221 Equipment Parts & Accessories ToUl LONG LAKE POWER EQUIPMENT $31.86 $3r86 34507 Pole Saw Chain Paid Chk* 073776 6/24/2002 LONG LAKE VETERINARY CLINIC E 101-42110-317 Animal Care ToUl LONG LAKE VETERINARY CLINIC $98 00 $98 00 1419 Euthanasia/Cremation Paid Chk# 073777 6/24/2002 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts A Accessories Tout MACQUEEN EQUIPMENT $93 23 $9323 2024342 Sweper Shoes Paid Chk# 073778 6/24/2002 MALLOY MONTAGUE KARNOWSKI & CO E 101-41500-301 Auditing and Acct'g Services E 101-41900-301 Auditing and AccTg Services E 601-49400-301 Auditing and Acct'g Services E 101-41900-301 Auditing and Acct'g Services Total MALLOY MONTAGUE KARNOWSKI A CO $4.050 00 9592 $89 00 9592 $2.63000 9592 $3,620 00 9592 $10.389 00 Audit RFP #2 Audit Reimb Exp Audit RFP #2 Audit RFP #2 Paid Chk# 073779 6/24/2002 MDS MATRX MEDICAL INC E 101-42110-221 Equipment Parts A Accessories $148 12 779233 1st Aid Supplies Tout MDS MATRX MEDICAL INC $148 12 Paid Chk# 073780 6/24/2002 MEDICA G 101-21706 Hospitalization/Medical Ins G 101-15998 Non-Employee Health Ins G 101 -21706 Hospitalization/Medical Ins G 101 -21706 Hospitalization/Medicai Ins ToUl MEDICA $9,454 09 102182102552 Medica High - 7/02 $1.529 37 102182102552 Medica High - 7/02 $2,228 98 102182122585 Medica Low - 7/02 $8.43518 102182125488 Medica Elect-7/02 $21,647 62 Paid Chk# 073781 6/24/2002 MET COUNCIL ENVIRONMENTAL SER R 101-39610 Miscellaneous Revenue ($108 00) 05/2002 G 101-20809 SAC Charges due to MWCC $10.800 00 05/2002 ToUl MET COUNCIL ENVIRONMENTAL SER $10,692 00 Adm Fee 5/02 SAC Charges 5/02 Paid Chk# 073782 6/24/2002 MET C "'UNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $20,409 80 740093 ToUl MET COUNCIL ENVIRONMENTAL SVCS $20,409 80 Wastewater 7/2002 Paid Chk# 073783 6/24/2002 MILLER. EDWARD H E 101-43290*800 Special Projects. Contingency Tout MILLER. EDWARD H $7.372 00 6/24/02 $7,372 00 Miller Well Replacement Paid Chk# 073784 6/24/2002 MINNEAPOLIS COM A TECH COLLEGE E 101-42110-221 Equipment Parts A Accessones f^O^L ^20622 ToUl MINNEAPOLIS COM A TECH COLLEGE $50 17 Medical Oxygen Paid Chk# 073785 6/24/2002 MN CHIEF OF POLICE ASSN E 101-42110-101 Full-Time Employees Regular Tout MN CHIEF OF POLICE ASSN $500 00 2001 MJNO Service Paid Chk# 073786 6/24/2002 MN DEPT OF HEALTH E 601-49400-441 Licenses A Taxes E 601-49400-441 Licenses A Taxes E 601-49400-441 Licenses A Taxes $23 00 Bnnkhous $23 00 Hansen $2300 Obnen System Operator Lic-Bnnkhouse System Operator Lic-Hansen System Operator Lic-Obrien CITY OF ORONO 06/21/02 7:41 AM Page 6 ! *Check Detail Register® JUNE 2002 Checli Amt Invoice Comment ToUl MN DEPT OF HEALTH $69 00 Paid Chk# 073787 6/24/2002 MOST DEPENDABLE FOUNTAINS E 101-45200-404 Repairs/Mainl-Bldgs/Grounds $185 00 17931 Surface Mount • Fountain ToUl MOST DEPENDABLE FOUNTAINS $185 00 Paid Chk# 073788 6/24/2002 MTIDIST CO. E 613-49830-221 Equipment Parts A Accessories Total MTI DIST CO. $69 04 137105 $69r04 Belt Paid Chk# 073789 6/24/2002 NEOPOST E 101 -41900-401 Repairs/Maint-Office Equip Total NEOPOST $693 32 40916607 $69332 Meter Rental 6/29/02-03 Paid Chk# 073790 6/24/2002 NORTHERN E 101-43000-224 Street Maint Matenals/Supply ToUl NORTHERN $3830 $38 30 6473833 Lashing Ring Paid Chk# 073791 6/24/2002 OLD DUTCH FOODS INC. E 613-49900-093 Concessions For Resale-Txbl ToUl OLD DUTCH FOODS INC. $2016 $20 16 205603 Chips for Resale Paid Chk# 073792 6/24/2002 PALMER. OREG E 101-43000-226 Clothing & personal equipment Total PALMER. OREG $100 00 $100 00 6/11/02 Steel Toed Boots Paid Chk# 073793 6/24/2002 PERRYS TRUCK REPAIR E 602-49450-402 Repairs/Maint-Auto Equip $653 00 ToUl PERRYS TRUCK REPAIR $653 00 6773 Paint Jet Rodder Box Paid Chk# 073794 6/24/2002 POWERCLEAN COMPANY INC. E 101-42110-407 Janitorial Services E 101 -41900-407 Janitorial Services E 101 -42110-404 Repairs/Mamt-Bldgs/Groufids E 101-41900-404 Repairs/Maint-Bldgs/Grounds ToUl POWERCLEAN COMPANY INC. $762.01 $931 34 $639 81 $781 97 $3.115 13 8982 8982 9002 9002 Janitorial Service - 5/02 Janitonal Service - 5/02 Partition - Chair Cleaning Partition - Chair Cleaning Paid Chk# 073795 6/24/2002 PRAIRIE RESTORATIONS INC. E 101-45200-404 Repairs/Maint-Bldgs/Grounds $1,028 23 ToUl PRAIRIE RESTORATIONS INC. $1.028 23 8656 Summer Maint-Fr Creek Paid Chk# 073796 6/24/2002 PRESS A NEWS PUBLICATIONS E 613-49830-340 General Advertising $253 33 5/24/02 ToUl PRESS A NEWS PUBLICATIONS Golf Guide $25333 Paid Chk# 073797 6/24/2002 PROLAWNS E 101-45200-404 Repairs/Maint-Bldgs/Grounds E 101-45200-404 Repairs/Maint-Bldgs/Grounds ToUl PROLAWNS $1,23540 $28223 3230 3230 Fertilize and Weed Control Fertilize and Weed Control $1.51763 Paid Chk# 073798 6/24/2002 REED VENDING E 613-49900-093 Concessions For Resale«Txbl Tout REED VENDING $80 50 4127 Snacks for Resale $80 50 Paid Chk# 073799 6/24/2002 SCHARBER A SONS E 613-49830-221 Equipment ParU A Acoessones ToUl SCHARBER A SONS $9.30 2026614 FilUrs-GC $9.30 CITY OF ORONO Oeai/02 7:41 AM Page? *Check Detail Register© JUNE 2002 Checit Amt Invoice Comment iiMPaid Chki 073800 6/24/2002 SHAUGHNESSY. COLIN E 101-45200^04 Repairs/Maint-Bldgs/Grounds Total SHAUGHNESSY. COLIN $2.085 72 $2.08572 5/2002 Paifc Mowing. 5/2002 Paid ChM 073801 6/24/2002 SIGNS Of THE SEASON E 602-49450-403 Repairs/Maint-Mtsc. Equip ToUl SIGNS OF THE SEASON $67 93 $6793 582 Graphics • Jet Rodder Paid Chk# 073802 6/24/2002 SKYWAY PUBLICATIONS E 613-49830-340 General Advertising ToUl SKYWAY PUBUCATIONS $7500 $7500 89628 Print Ad-GC Pa^hk# 073803 6/24/2002 STANDARD SPRING E 602-49450-221 Equipment Parts & Accessories ToUl STANDARD SPRING $3238 $32 38 93188 Parts #711 Paid Chk# 073804 6/24/2002 STANTON GROUP E 101-41900-489 Other Miscellaneous Charges E 101-41900-489 Other Miscellaneous Charges Tout STANTON GROUP $3950 $173 25 $21275 326670 326671 COBRA Adm 5/02 FSAAdm 5/2002 Paid Chk# 073805 6/24/2002 T.L. STEVENS E 101-45200-404 Repairs/Maint-Bldgs/Grounds ToUl T.L. STEVENS $1.500 00 $1.50000 2844 Seal Monitoring Wells Paid Chk# 073806 6/24/2002 THORPE DIST CO. E 613-49900-091 Beer For Resale ToUl THORPE DIST CO. $1^JO $132 50 264365 Beer for Resale Paid Chk# 073807 6/24/2002 TKDA E 601-49400-304 Engineering-Consulting Total TKDA $27JB.73 $278.73 57240 Locate Leak -Fagemess Pi Paid Chk# 073808 6/24/2002 TOLL GAS S WELDING SUPPLY E 101-43000-221 Equipment Parts 8 Accessories $6 05 495971 Cylinder Rental ToUl TOLL GAS A WELDING SUPPLY $6 05 Paid Chk# 073809 6/24/2002 US BANK • MLWKEE E 308-47000-620 Fiscal Agents Fees E 311-47000-620 Fiscal Agents Fees ToUl US BANK • MLWKEE $21838 $168.38 1099290 1099349 92 GO Bond - Agent Fee 97 GO Bond - Agent Fee $38676 Paid Chk# 073810 6/24/2002 VESSCO INC. E 601-49400-403 Repairs/Maint-Misc Equip ToUl VESSCO INC. $505 88 26583 Flouride Pump • Nvr Wlr $505 88 Paid Chk# 073811 6/24/2002 WANNER. SUSAN AND THOMAS R 101-34420 Cond Use-Variance-Dev Fees $250.00 02-2785 ToUl WANNER. SUSAN AND THOMAS $250 00 Refund - AppI #02-2785 Paid Chk# 073812 6/24^002 WESTSIDE WHOLESALE TIRE E 101-43000-403 Repairs/Maint-Misc Equip $86.08 94091 Repair Tractor Tire ToUl WESTSIDE WHOLESALE TIRE $86.08 Paid Chk# 073813 6/24/2002 WINTERNHEIMER. AUSSA E 101-41300-319 Other Professional Services $250.00 Council Minutes -6/10 J CITY OF ORONO *Check Detail Register<S) 0e^1/02 7:4t AM Pages JUNE 2002 CfiecfcAim Invoke Comment Total W1NTERNHEIMERAUS8A $250 00 PaWCMi# 073614 6/24/2002 WMMUELLERiSONS E 101-43000-224 Street Maint. MaleOala/Supply Total WM MUELLER 6 SONS $406.90 61265 $406 90 River Rock 10100 Primary Cash $160,706.76 CITY OF ORONO 06/11/02 9 03 AM Page 1 check register Check Number Employee Name 051264 051265 051266 051267 051268 051269 051270 051271 051272 051273 051274 051275 051276 051277 051278 051279 051280 051281 051282 051283 051284 051285 051286 051287 051288 051289 051290 051291 051292 051293 051294 051295 051296 051297 051298 051299 051300 051301 051302 051303 051304 051305 051306 051307 051308 051309 051310 051311 051312 051313 051314 051315 DODGE. RACHEL M. JOHNSON. MARY ANN LESKINEN. DENISE M. MOORSE. RONALD J. VEE. LINDA S KUEHN. THOMAS M OLSON. RONALD J PETTIT. SANDRA K. ANDERSON BRUCE L. BOBZIEN. SUE A. BORIS. SCOTT W BUDIG. STACIE M CARLSON. MICHAEL B CORNICK. JAMES L. DEMBOUSKI. JAY C ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R HENDRICKS. RONALD J JOHNSON. JEFFREY MADSON. ADRIENNE M. MCNALLY. STEVEN A. MCNICHOLS. DAVID L MOROWCZYNSKI. JAMES PERSELL. WILLIAM R. SCHOENHOFF. JOHN B. TOMCHECK. LAWRENCE F. TOMC2YK.MARKW. WITTKE. ANTHONY A. ARNESON. JOSHUA A. LEE. JOSEPH P BOLTERMAN. MATTHEW A BOTTENBERG. WENDY C DAVIS. MARC L. GAFFRON. MICHAEL P. GAPPA. GREGORY A. MEYER. WILLIAM C. 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. ABRAHAMSON. FRED W. BLAIR» JANISA. Pay Period X- 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 Check Amount $993.69 $623.18 $807.09 $7 80 $1.194 99 $99231 $104.07 $441.38 $1.433 82 $727.79 $26552 $77925 $369.31 $1,864.36 $1,579.75 $1,825.42 $1.904 86 $1,426.11 $8305 $2,040 04 $921 24 $1,234.78 $608 59 $1,397.23 $579 38 $1,342.33 $762.26 $1.442 51 $538.51 $1,403.11 $1,383.20 $657.80 $19574 $1,016.13 $1,122.64 $1,331.62 $1,351.13 $1,760.33 $61461 $153.98 $1,443.58 $1,319.70 $1,043.80 $808.77 $1,035.18 $670.11 $1,071.67 $1.046 94 $1,052.79 $1,190.68 $272.36 $141.68 Check Date Check St^m 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12A)2 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12A)2 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12A)2 Outstancfing 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 OuUtanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12A)2 Outstanding 6/12/02 Outstanding 6/12/02 Outstanding 6/12/02 Oulstandkig 6/12A)2 Outstandkig 6/12A)2 Outstandkig e/12A)2 Outstanding 8/12/02 Outstending CITY OF ORONO clMck r*gi«tor 06/11/02 9:03 AM P9992 Cfi9ck Chtck Ctiock Numbtr EmployM Nam*Pwlod Amount OiMi Chicli Status HRasuvs '^r- r'xs^x 051316 OOtOSMITH. FAULT.12 168.20 6/12/02 OutstandinQ 051317 JENSEN. RODNEY W.12 $302.09 6/12A)2 Outstanding 051310 MARSELLA. DAN G.12 $86.76 6/12A)2 Outstanding 051319 lytCINTYRE. WILLIAM E.12 1266 64 6/12A)2 Outstanding 051320 GAS. DANIEL 0.12 $31379 6/t2A)2 Outstanding 051321 PEJCKERT. GARY J.12 $27397 6/12/02 Outstanding 051322 ROSS. JOHN A.12 $14626 6/12AI2 Outstanding 051323 STEFFENHAGEN. RONALD 12 $1,349.62 6/12/02 Outstanding 051324 STORK. JOHNT.12 $346.76 $53,536.76 6/12/02 Outstanding y f . Mlt * information ITEMS • • COUNCIL MEETING M »iCCTlflG w'j;4 2 4 2002 OF CilYOFOflONU lid JUwtitotMrIi II »»pet\NG JON 2 4 2002 Attention; Chief Law Enforcement Officers From; Michael Campion, Bureau of Criminal Apprehension on Y Uh ORONO The Minnesota Department of Public Safety Commissioner's Office, Bureau of Criminal Apprehension (BCA), Division of Emergency Management, Minnesota Broadcasters' Association and the Jacob Wetterling Foundation are pleased to announce a new tool soon to be available to all Minnesota Law Enforcement Agencies. This new tool, called the Amber Alert Plan, is an initiative aimed at helping police quickly locate abducted children under the age of 17 whom the investigative agency believes to be in great danger. Utilizing the state's Emergency Alert System (EAS) and the Minnesota Crime Alert Network (MCAN), the Amber Alert is an early-warning network that law enforcement can use to quickly convey key information to the general public via television and radio soon after a child has been abducted. The Amber Plan was created in 1996 in the Dallas-Fort Worth region after the murder of Amber Hagerman, a nine-year-old girl who was abducted from her home. Since its creation, the alert system in that metropolitan area has been credited with the safe recovery of at least five children. There are at least 35 other states utilizing the Amber Alert Plan. *A crime as horrific as abducting a child calls for dramatic measures for law enforcement. The Amber Alert promises to be a powerful tool in the battle against child abductions,* said Charlie Weaver, Minnesota Commissioner of Puolic Safety. Weaver points out that MCAN has assisted in the safe recovery of ten missing persons over the past two years. MCAN is well known to local law enforcement for its assistance in solving a variety of crimes throughout Minnesota Since 2001 . over 60 success stories can be attributed to the alerts generated by MCAN Now this innovative system will deliver the Amber Alert information to all participating teievision and radio stations, law enforcement and businesses that are members of MCAN When a law enforcement agency has a case involving an abducted cnild who meets tne Amber Alert criteria, they will follow the operating procedures of notifying the BCA. The BCA will work with the investigating agency to gather the pertinent information and will then activate the Amber Alert through MCAN and EAS. Once broadcasters receive the alert they will be asked to broadcast it once every 15 minutes for the first two hours and once every half-hour for the next three hours The Amber Alert will also be posted on the MCAN website where the public may view alert information and provide leads. Abduction cases that do not n r-^t the Amber Alert criteria, but could benefit from the public's assistance, will be sent through MCAN where the media will broadcast the information at their discretion. Minnesota is fortunate to have this unique tool, which is not offered in any other state, to work with the public to request assistance in resolving cnmes. The enclosed Amber Alert Kit is provided by the National Center for Missing & Exploited Children. The kit contains a video that explains the Amber Alert Plan and walks through a child abduction scenario utilizing the Amber Alert Plan I encourage you to use this video to educate your department on this program. In addition to this kit, the BCA will be distributing Abduction Response cards to every officer in the state to place in their squad cars. A press conference announcing the Amber Alert Plan will take place on Thursday, June 13*^ at 11 ;00 a.m. and a live test of the Amber Alert will occur at 1 ;45 p.m. that afternoon. You may also find details of the Amber Alert Plan, including criteria, standard operating procedures and sample alerts on the MCAN website at: www crimealert state mn us. If you have questions, or would like more information regarding the Amber Alert Plan, please contact Janell Rasmussen at (651) 642-0779 5 I I*I June 17,2002 Dear Fire-Department Customer: JUN 2 4 2002 Cn Y Uh ORONO On behalf of the City of Mound I want to thank you for the constructive dialogue regarding the lease costs for the Fire Department portion of the new Mound Public Safety building. We also want to thank you for your continued support of the Mound Fire Department. We firmly believe that the Mound Fire Department is able to best serve the residents of all of oi<r communities because of the spirit of cooperation that exists with our member communities. In response to the discussion on June 12, the City of Mound is suggesting the following course of action for your consideration: • The time frame established for consideration of the Fire Station funding resolution by member communities be suspended. • Each community appoint a designee to represent the community on a committee created to study the feasibility of a Fire District. It is anticipated that the City of Mound will proceed with the construction of the Public Safety building as scheduled. We have been advised that the eurrent construction climate and bond sale interest rates are very favorable. Delaying the project could significantly increase the annual costs. Even if all the member cities contribute the amount initially projected. Mound is responsible for the major share of the debt service, therefore these savings are important to our community. Most important, we believe that the need for a new Public Safety facility is badly needed in order for the Fire Department to safely and effectively meet the needs of residents. We hope you understand that our decision to proceed is not intended to influence your eventual decision regarding sharing the cost for the Mound Fire Department lease costs, but rather to be able to continue to effectively provide fire and emergeney services to our residents. We look forward to working with you on this matter. Sineerely, D a # IPat Meisel, Mayor City of Mound or rOC}COa OSpOf i k .w _____•_£ June 4.2002 Dear Mayor and Council Members; JUN 2 4 2002 CIIYOFOflONO Cl 1 r V.-*,• v» , Did you know that every year more algae than is normal are infesting our lakes? Thanks to the man*made products containing phosphorus, our takes are becoming bad for swimming. My name is Taylorann and I am a seventh grader asking you to help raise awareness about our growing algae-related phosphate problem. Phosphates are very popular to use. They are used in fertilizer, soaps, and many different cleaners. Most people are not aware of the harm they are doing to our lakes by using too much phosphorus. Ves, phosphorus is a very useful element, but using too much of it can harm our beautiful bodies of water. Even if we reduce the use of phosphates, trace amounts end up in our lakes. This is a problem that needs to be solved sooner than later. With your awareness we can help others understand the problem. Making flyers or writing articles that states your support for a solution would make a huge difference. 1 thank you for your time and interest. Sincerely. mA'Vi-jt\.rr\ Taylorann Grand f • Deir Mayor or Council Members, June 4,2002 % # m ^ i i _ Hi, my nameisKeatynBlaeaer. Iamt7*^graderatHiII School and our class is currently learning about phcophates in lakes. Many people are unaware of the excess phoqriiates in our great lakes that are causing ttw many algae. Yes, there is a bill passed for tte 2004 to reduce phosphate use but we n^ to act sooner. Therefore 1 am asking you to increase awareness about excess phosphatestn our lakes. Many people do not know that phosphorous causes problems for our lakes but maybe they would care in a year or two whm th^ are swimming in slime and algae. If we wait until 2004 to do something about phosphines, the lakes will get worse and worse. Every year even more pho^hate seq>s into our lakes and make swimming and boating less enjoyable. Summer is here and many people are fertilizing their lawn with inorganic fertilizers that have many phosphates in them. If people would decide to do the right thiitg by using organic fertilizer our lakes might have a chance of staying semi algae free. Minnesota is frill of lakes and I hope these lakes can stay clean for as loiig as possible. Since many people do not know the harm phosphates do to our lakes we should work to create more awareness. I think people who are l^wledgeable about phosphates should speak out and do seminars or make posters. If more people knew that excess phosphates contribute to excess algae maybe more people would work harder to keep our lakes cleaner. Please consider doing the following; create posters to educate people, have seminars about phosphorous, or ask people to use organic fertilizers before tte bill is passed in 2004. Sincerely, > >*/ / ;/ I -oy I L- i - a:- ' .. *- Keatyn Blaeser r JUN 2 4 2002 Cl I y uf ORONo •*. I* \ # . : i IT w I i 'i • rrj • June 3,2002 Dear Mayor and Council Members, f Hi, my name is Jacob Thies and I’m a seventh Qrader at hill School in Ororu). I ve been studying phosphorous in it. Phosphorous causes slimy algae in our laRes. I know a law passed restricting phosphorous in fertilizer, but it doesn't come into affect until 2004. That gives the algae two years to grow and spread. I am writing to ask you to let your citizens know more about phosphate reduction. Some ideas you could consider are: educate the public by having a seminar, or putting up signs, or writing a letter to the public about this problem. This could help the algae decrease arul become less harmful to the environment. Did you know that when the algae dies masses of bacteria break off and consume all of the oxygen lolling the fish and other living substances in the lake? The swimming season is sneaking up on us fast and I know I don ’t like to swim in algae. Also people are starting to fish more and the alga doesn ’t help. It kills the fish and the algae sticks to your fishing line. Again we can stop this by preventing phosphorous getting into the lakes and steams though education and awareness. Please consider helping to educate you citizens as soon as possible. Thank you for your consideration and time. I hope you take some time to help raise awareness in our community. Sincerely. Jacob Thies 2 4 2002 mm ■nrtHMifii Jm