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HomeMy WebLinkAbout08-26-2002 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 26,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL COi CONSENT AGENDA 1. Approve/Amend AUG 2 6 2002 CITY Kjt' APPROVAL OF MINUTES * 2. Regular Council Meeting of August 12,2002 PRESENTATION 3. The Legacy Foundation 4. 2001 Comprehensive Annual Financial Report - Ken Malloy PARK COMMISSION COMMENTS - Rick Meyers, Representative PLANNING COMMISSION COMMENTS • Marc Fritzler, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR ’S REPORT 5. #02-2782 Orono Professional Properties, 2765 Kelley Parkway - Revised Concept Plan 6. #02-2789 Dahlstrom Development LLC - ’*2550 Wayzata ^ulevard West - Concept Plan Consideration - Resolution 7. #02-2803 JefTMartineau on behalf of Cherry Stubbs, 2920 Fox Street - Class II Subdivision - Resolution * 8. #02-2811 Daniel and Ruth Parten, 1015 Tonkawa Road • Variance - Resolution * 9. #02-2814 William and Sandra Keegan, 2707 Walters Port Lane - Variance - Resolution * 10. #02-2816 Orono Montessori, 3800 Wayzata Boulevard West - Conditional Use Permit- Resolution 11. #02-2819 Tim Devries, 2180 Abingdon Way - Conditional Use Permit - Resolution MAYORATOUNCIL REPORT PUBLIC SERVICE DIRECTOR ’S REPORT 12. North Arm Lane Paving Project - Resolution 13. Request for Final Payment - Shoreline/Heritage Sanitary Sewer Project 14. Request for Final Payment - Highwood Road Storm Sewer Project 15. Approve Purchase of Golf Course Tee Mower AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 26,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR ’S REPORT 16. Pay Request • Long Lake Fire Station 17. Application and Certificate for Payment No. 4 - Long Lake Fire Station 18. Appointment of Building Inspector 19. NPDES Guide Plan Payment Authorization 20. Authorization for Traffic Study CITY ATTORNEY ’S REPORT 21. LICENSES Club Firearm Use Termit Special Event Permit * 22. BILLS UPCOMING ISSUES AND EVENTS 2m 08/26 • Council Meeting, 7:00 p.m. 08/27 - Candidate Filing Opens for November 5 General Election 08/29 - Council Work Session, S:30 p.m. 09/02 - HOLIDAY, Ubor Day 09/03 - Resume Regular Office Hours, 8:00 a.m. - 4:30 p.m. 09/03 - Park Meeting, Tuesday, 7:15 p.m. 09/07 - City Offices Open for Absentee Voting, 10:00 a.m. - 3:00 p.m. 09/09 - Cit>' Offices Open for Absentee Voting until 5:00 p.m. 09/09 - Council Meeting, 7:00 p.m. 09/10 - PRIMARY ELECTION, Tuesday. 7:00 A.M. - 8:00 P.M. 09/10 - Candidate Filing Closes for November 5 General Election, 5:00 p.m. 09/16- Planning Commission, 6:30 p.m. 09/23 - Council Meeting, 7:00 p.m. ORONO CITY COUNCIL MEETING ^ MONDAY, AUGUST 12,2002 . .^cri..'5 ROLL 2 6 2002 CITY Oh O h O(vo The Council met on the above-mentioned date with the following members present: Acting Mayor Bob Sansevere, Council Members Jay Nygaid, Jim White, and Jim Murphy. R^resenting staff were City Administrator Ron Moorse, Planning Director Mike Gaffion, City Attorney Tom Barrett, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Barbara Peterson was absent. Acting Mayor Sansevere called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approvc/Amend Items 8,12, IS, and 19 were added to the Consent Agenda. Murphy moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. Regular Connell Meeting of July 22,2002 Murphy moved, and Sansevere seconded, to approve the Minutes of the Reeular Council Meeting of July 22,2002. Vote: Ayes 4, Nays 0. OATH OF OFFICE 3. Josh Ameson, Part-Time PoUce Oflicer Moorse administered the oath of office to Josh Ameson. Acting Mayor Sansevere congratulated him. A 1 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 PUBLIC HEARING—7:05 p.m. 4. North Arm Paving Project Gappa stated that the City had received a petition from 3 residents on North Arm Drive retjuesting an assessment of a paving project for the street, which is currently a gravel surface. The short paved portion of the road would be reclaimed and repaired, with the rest of the drive being paved. Staff contacted all seven residents on the road by letter and published a notice of the hearing. The project was estimated to cost $31,835 assessed to seven residents at $4,550 per property over a 10-year period at 6.5% interest. The final cost to residents would be about $650 per year. Jim Nielson of340 North Arm Drive stated that he and his wife, Ria, both support the project and hoped the Council would approve it. Dave Supprell of345 North Arm Drive stated that he and his wife also support the project and hoped the Council would approve it. Meg Pendelton of 350 North Arm Drive stated that she and her husband also support the project and hoped the Council would approve it. Carol Pass of235 North Arm Drive stated that she and her husband did not want the road paved because they were trying to create a conservation/natural area on their property at the end of the road. They felt paving the road would change the feel of the area. They want it to remain a “country lane.” She also stated that she grew up on the property and they used to maintain the road themselves bv moving the gravel around, and she felt that pavement would be harder to keep in good repair due to potholes. Gappa stated that the road has a substantial base and should take paving without issue. Murphy asked if the residents get potholes in the gravel. Several neighbors responded they do. Mark Larson of 366 North Arm Drive stated that he was undecided on the issue and saw both sides of the debate. He asked how Council would make a decision without hearing from all seven residents. Carol Pass stated that she had a neighbor’s vote against the project. Meg Pendelton stated that she calls the City twice each spring and fall to complain about the road condition and get them out for repairs. The gravel is dirty and washes into yards and drives. J ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 4. North Arm Paving Project—Continued Jim Neilson stated that the road also stays icy in the i^inter because the snow never melts, which it would probably do on a blacktop road. Dave Supprell stated that rain causes large ruts and gulleys on the road. He added that the Passes don’t live on their property on North Arm Drive. Mark Larson stated he was interested in the cost being fair to all residents. He has a widow next door, who was out of town for the meeting, who would not be able to aflbrd the assessment. She lives near the entrance on the already paved portion of the toad and was not be interested in the project. Gappa stated that the project would have varying impact on the residents. White asked how the assessment was determined. Gappa stated the total cost was divided by 7, and that the fiontages vary for each property. Brad Pass of 235 North Arm Drive stated they currently live in Minneapolis, and they just bought the property 4 days ago. The property ’s been in Mrs. Pass’s family for over SO years, and they’d like to see the road stay gravel because they made a conscious decision to not develop the property, but keep it natural. Acting Mayor Sansevere closed the Public Hearing at 7:20 p.m. Gappa stated that there was the possibility of residents appealing the assessment, but he felt the City could prove the benefit of the project and would not lose an appeal. Sansevere stated he was concerned with the hardship to residents. Gappa stated they had 3 neighbors in favor, 3 opposed, and 1 undecided. Murphy stated that of the residents in attendance, they had a majority vote in favor of the project with 3 in favor, 1 opposed, and 1 undecided. He felt that the other neighbors should have attended the meeting or provided written letters in order for their votes to count. Muiphy asked Mr. and Mrs. Pass if their issue was aesthetic or financial. Mrs. Pass stated it was basically aesthetic, as they want to keep the road a ’’country lane.” White asked if the plan was to pave the existing road only. Gappa stated it was. They would only pave the current width, not widen or add curb and guners. They would be paving it at about a 14’ width with a 1 ’ gravel shoulder on each side. White stated he supported the project and felt that the low density of the area, not whether or not the road is paved, defined a country feel. He stated the dust and dirt that gets into houses creates a hardship for the residents. rfffifinirtHtfliTriinrt \ i aiflii iirtiariiririiiinfTilTifciA ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 4, North Arm Paving Project—Continued Sanscvere asked if there was a safety issue. Gappa stated that paving it might help ice melt quicker, otherwise there was no major safety concern. White stated that the letter fiom Bonestroo & Associates stated that the road would be paved to 14’ with 2’ of shoulder on each side, making the road 18’ wide. Kellogg stated that the road width varies and they would not add any width, simply pave over what’s there and add some gravel shoulder where necessary. There would not be major construction, simply grading and paving. M<mrse stated the City wants to bring roads to a certain standard that requires less maintenance. With the road paved, they hope to not need to perform any maintenance on It for 5 ycBTS. With the gravel surface, they*re out there at least twice a year. Sansevere asked Mr. Larson which way he was leaning. Larson responded that he has 3 children in college and a wedding coming up, so while he favors the road being paved he had to vote against the project strictly for financial reasons. Sansevere asked about the senior citizen defeiment. Moorse stated there are income requirements and someone has to apply for a deferment. Gappa stated that he noted the option to make people aware of it, but no one had come forward to make an application. Murphy stated that the residents who did not attend the meeting should not be counted in the vote, giving a majority vote in favor of the project. Gappa stated it would be difllcult to get the project done this ywar, and if they waited till spring, they could get a better price. Even if Council approved the project at the meetinc there would be no guarantee of it being done this year. S^evere asked the staff to call the neighbors not in attendance and find out how they Sansevere moved, and White seconded, to table Item 4, North Arm Lane pavins improvements. * Vote: Ayes 3, Nays 1 (Murphy). PRESENTATION Gabriel Jabbour —Fire Station Update Jabbour stated that Orono has developed a strong business model with the joint Orono/Long Lake Fire Department project. Orono is currently served by 4 fire I #1 fTfiirtlhtifcStort ORONO C1T\ OUNCIL MEETING MONDAY, august 12,2002 Gabriei Jabbour—Fire Station Update—Continued dqiartments: Long Lake, Mound, Wayzata, and Maple Plain. Wayzata and Mound are now building new fire stations. While Wayzata has not asked Orono to contribute toward the cost of its fire station. Mound has asked for Orono to contribute 22% of the building costs. Jabbour stated that he and Mayor Peterson have negotiated with Mound, suggesting that they reduce the size of iheir fire station and Orono will not participate at all. Instead, Orono would develop its own neighborhood fire station in Navarre. Mound could still bid on providing them service, and the new service provider could help plan the neighborhood station. Murphy stated that they received a letter from Mound that had a resolution already attached asking Orono for $720,000 with no ownership in the new station. He stated they would rather build their own station in Navarre. They ’ve always been happy with Mound ’s service and would like them to continue to serve the Navarre area but Mound said they would not be willing to do that. He spoke to Minnetrista, who suggested everyone help Mound with their new station, and in exchange, everyone would support the other cities with new fire station projects as they came up. Mound rejected the idea. They asked Mound if they would continue to provide service to Orono, if Orono does not contribute to their new fire station project. The Mound Mayor and City Administrator said they would not. Murphy stated the committee had discussed the possibility of a fire district, where several communities would share fire service costs and could therefore hire a full time administrator. The arrangement with Long Lake could serve as a good model for a fire district. Sansevere stated that the Mayor and City Administrator of Mound refused them fire service without their City Council even knowing about it. Jabbour stated that Mound told him if Orono was no longer served by Mound, they could remove one bay from the station, at a cost of $70,000. He questioned if Orono ’s cost to Mound is $70,000, then why would Orono be expected to contribute $720,000. White stated he believed the Navarre community could provide fire fighters to staff a neighborhood station. Acting Mayor Sansevere stated that they believe Mound provides excellent service and Orono will most likely pursue its own station for Navarre because Mound has left them no choice. White stated that the Orono City Council would not accept a huge cost that lacks benefit to its citizens. ■Vi» #1 Jfr 1 1 rfnmrtiiitin ■A ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 5. Wcstonka Schools—^Lcvy RefcreDdnm Phyllis O’Malley stated that she has been a resident of the school district since 1958 and is a member of Westonka Levy Referendum Committee. She stated that on September !0, 2002 the primary elections will be held and the school district will have a referendum on the ballot. She stated they wil? have infonnational meetings on August 20* at the Gillespie Crater at 10:00 a.m.; on August 20* at the Early Childhood Crater, Hilltop Primary, Shirley Hills Primary, Grandview Middle School, and Mound Westonka High School at 7:30 p.m.; August 26* in the Little Theater of Mound Westonka High School at 7:30 p.m.; and on September 4* at Hilltop Primary, Shirley Hills Primary, Grandview Middle School, and Mound Westonka High School at 7:30 p.m. Gwenn Spence stated that they >vill hold the informational sessions at each school so that parents can attend at their child’s school to ask questions specific to their school’s circumstances. She stated that Gene Zulk is the new superintendent and is very eager to woric for the rUstrict, but was unable to attend the Council meeting due to a traveling obligation. His contact information is in the booklet they provided to every resident in the district. PARK COMMISSION COMMENTS—SHEROKEEILSE, REPRESENTATIVE Use stated that the August meeting consisted of the Paric Tour, which went well. Mayor Peterson and Nygard attended the tour. They are looking forward to getting the play equipment in Hackberry Park in the fall. Murphy stated he noticed that the Hackberry Park baseball fields are covered in weeds Gappa stated it’s a public works issue. Use stated Council Member Nyg^ had attended Dog Days. It was a nice event with about 50 farmlies and their dogs in attendance. Jim Anderst donated the golf tournament money to the parks. She stated the Dog Days event should be promoted and should grow next year. Nygard stated he would like to see the City get behind it next year. PLANNING COMMISSION COMMENTS—JEANNE MABUSTH REPRESENTATIVE None. n ORONO CITY COUNaL MEETING MONDAY, AUGUST 12,2002 PUBLIC COMMENTS Ron Miller of270 Willow Drive stated he believes the fire station soils consultant submitted 2 inaccurate boring logs. Holes that GME said they filled were not. He started writing letters on December 31,2001 to the City, the Watershed District, Ingram, and Kirk without receiving any response. He wrote Moorse in April 2002 with no response, then spoke to him in May. After sending GME an 11-page letter, they stated that at the time of the drilling, the crew recognized soil type and ground water and filled all the holes with the appropriate concrete. Miller stated that he put 13* of PVC pipe into the holes. GME responded that the concrete had settled, which Miller stated is impossible. He stated he would like to see the logs corrected and an independent firm check whether the holes were filled at all. Sansevere suggested someone fiom the City check on Mr. Miller’s claims. Moorse stated that the consultant indicated the crew took the conservative view that the holes were filled. GME told Moorse that settling had occurred in the holes. They also stated that they checked the borings and found they do not meet requirements for needing to be filled. Miller stated that American Testing claims to have just filled 5 holes and in fact did not. He stated 4 different companies in the area have claimed to fill holes, which they did not fill. There is a safety issue with the ground water, and ground water protection is very impoitant. He wants the companies to be held accountable. White stated that companies should, as a right of entry onto a property, be required to return the property to its original condition prior to drilling, hold the property owner harmless, and be bonded to insure they do it properly. Murphy stated the City should be in contact with its resident inspector, Ron Miller, to find out any news regarding the situation. Jabbour stated that he represented the City in front of the Watershed District and promised them they would pay attention to issues such as this. ZONING ADMINISTRATOR’S REPORT Item 11 was moved up In the agenda. 11. #02-2810 Brad and Carol Pass, 250 North Shore Drive West—Final Plat of IdyUvale Farm—^Resolution No. 4848 Gaffron stated that there was a change to the labeling in the resolution. Outlot A and B ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 /i. M2-28I0 Brad and Carol Pass, 250 North Shore Drive IVest—Final Plat of idyllvale Farm—Resolution No. 4848—Continued had been inverted, but were correct in the resolution before Council. Sansevere moved, and White seconded, to adopt Resolution No. 4848 approving the final plat of Idyllvale Farm, Brad and Carol Pass, 250 North Shore Drive West Vote: Ayes 4, Nays 0. 6. #02-2789 Dahbtrom Development LLC—**2550*’ Wayzata Boulevard West- PUD Rezoning and Concept Plan Approval Gaflron stated that Council had already seen a detailed presentation regarding the project. Changes included making the development 1/3 2-story townhomes, 1/3 rambler townhomes, and 1/3 lofts with 2 commercial outlets. The current plan would not require an amendment of the Community Management Plan, and meets the requirements of the Comprehensive Plan for the area. The Planning Commission recommended 7 general points and 17 specific points. The Planning Commission recommended approval based on their recommendations. The Parks Commission also recommended approval with specific recommendations. The Parks Commission also recommended approval and unanimously made 4 recommendations: 1. They favor a bituminous bike/hike trail along (but separated from) Highway 12 along the south side of the commercial outlets to provide a westerly continuation from the 12/Willow intersection. 2. They recommended the developer install the Tot Lot as one of the private park/recreation amenities of the development. 3. They recommended all internal trails be installed concurrently with the development phases and prior to occupancy of residential units to avoid neighborhood resistance to trail development at a later date. 4. They noted Aere are no identifiable public parkland needs at this location other than the tral extensions, but the development will generate additional use of existing City park facilities in the area. Park Commission therefore recommended based on the developer s statement that the public trail easements would be granted without requesting a park fee reduction, that no park lands need to be dedicated and the park dedication should be in the form of a Cash Contribution in Lieu of as allowed bv the Municipal Code. ^ 8 m mrariMi J . \ ' 1 t ! ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 6. §02-2789 Daklstrom Development LLC—^2550** fypyzata BoulevartI West— PUD Rezoning and Conee^ Plan Approval—Continued Gaffron stated that the plans reflect recent changes and should be referenced in the resolution. He stated that the plan density is not outside that allowed by the Comprehensive Plan. The overall plan is at 6 units per acre (168 units on 28 dry buildable acres), with 4 units per acre for the townhomes and 18 units per acre for the lofts. The development will provide a type of multi-family housing not currently available in Orono. He noted that item 3 on Page 3C-2S of the CMP states, “Orono will encourage developers to provide a variety of housing types and cost ranges.” The Planning Conunission asked the developer to make some low-income units available at price points closer to the Met Council’s affordable standard. Gaffton stated that the entire property is currently zoned RR-IB single Family Residential, 2-acre minimum lot size. Rezoning the portion of the property north of Kelley Partway to RPUD Residential Plaimed Unit Development is appropriate based on the multi-family residential nature of the proposal. Actual rezoning should occur only upon Development Plan Approval. Gaflffon stated that staff concurred with Planning Commission’s General Comments 1 - 7, Specific Comments 1 -- 9, and items 12, and 14 -17 of the recommendation. He reviewed the Planning Commission comments: The proposed overall density is 6 units per dry-build{d)Ie acre, still within flte 3-6 unit per acre range established in the CMP. The low-end units are still priced significantly higher than the Met Council’s definition of affordable housing. The Planning Commission asked the developer to provide maricet research to confirm that the proposed units at the proposed price points are marketable and will meet the housing needs of the area. The potential use of the MnDOT stormwater pond right-of-way for Kelley Parkway presents an unknown factor that could result in Kelley Parkway moving northward and a revised concept plan needing to be reviewed and approved. The City Engineer should conduct a traflic study as soon as possible to determine the impacts of this plan. The Park Commission should review the public trail proposal and my other pidilic park features. Proposed open spaces within the development will be private and maintained by ....-m..J ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 6, U02-2789 Dahhtrom Development LLC—-2550 ” IFayzata Boulevard West— PUD Rezoning and Concept Plan Approval—Continued the homeowners association. Platting of the portions of the property south of Kelley Parkway as outlets for future All residential buildings should have pitched roofs. T^e L^fts slwuld be setback from the west lot line a minimum distance of 80 ’ to create an eff^tive buffer, and the 2 3 stoiy west-end loft units should be omitted to reduce building profile. Separation distance between buildings should not be reduced. The Lofts need to be 3 stories in height and will exceed the 30 ’RPUD height limit. Planning Commission accepts the 40’ height, but recommends a low-pitched roof in order to reduce the visual impact of the excess height. ^*iS**? Public Works site east boundary may be extended eastward to assist in establishing a buffer to the Lofts, however, any plantings or other improvements should be locat^ on Lofte site. The proof of parking area should be relocated along the west boundary of the lofts site to minimize impacts on existing vegetation in the area. A disclosure regai^g ^e Lofts buildings proximity to Public Works should be required of Lofts buyers to help limit the expected high number of complaints about City activity and noise. Separation distances between townhome buildings are acceptable as shown, but any separation less than 15’ should be reviewed to determine if a greater separation is feasible. The proposed private road connection between the Lofts and the southwesterly townhome toe curde-siZ^^i KeTey »«««" -he to. M^le Ac 4 stalls parking per unit is double the amount required by code. Planning Conumssion suggests guest parking be maximized where feasible. Parallel parking should be added along West lane. ® SaUevdopmen^^ provided are a positive feature and should be included in the ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 6. M02-27S9 Dahlstrom Development LLC—**2550** Wayzata Boulevard West— PUD Bezoning and Concept Plan Approval—Continued The developer should make a proposal to City regarding the streetscape of Kelley Parkway. Interior private street lighting should be at a low level, while providing the necessary level of security, and should be maintained by the homeowners association. Public street lighting along Kelley Parkway will be maintained through standard agreement between the City and public utility company. Water mains should be looped near the north end of the site to avoid impacting wetlands. All streets and sidewalks north of Kelley Parkway will be private, with the ^propriate City standard private street and utility easements required, and maintained by the homeowners association. Developer should provide the City with a list of similar developments so that Planning Commission and City Council can visit them. Gaffron stated that staff also felt that landscaping features that attract pedestrian traffic should not be included in the roundabout because of the danger to pedestrians fiom cars traveling the roundabout. Staff recommended approval of the plan. Steve Johnston of Landform Designs stated that they were happy with the proposal as presented. Their streets are proposed 2* narrower than recommended to encourage slower car speeds. He stated it was a conceptual issue, not an engineering one and they would concede if necessary. They would like parking bumpouts on the north side of Kelley, but would not fight over it. They did have a problem with the roundabout being non* pedestrian. All the sidewalks and trails converge there. It was designed as a gathering place with a small pond, existing trees, and a gazebo expressly for pedestrian enjoyment. Gaffron stated the pedestrian access to the roundabout is a safety issue because traffic comes from 1 direction with 4 legs accessing the roundabout. He suggested they might make it safer by adding speed bumps or other modifications. Moorse stated that all of the trail crossings happen at curves in the road. Sansevere asked if Council approved based on all of staffs recommendations, what specific issues should be discussed. Johnston stated that at the conceptual stage, they could simply direct the applicant to work out issues with staff before the next stage. He pointed out that the current concept is 167 units, reduced by 1 unit from the previous plait ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 6. M2-27S9 Dahlstrom Development LLC-~**2550" Boulevard Wt$t — PUD Bexoning and Concept Plan Approval—Continued Gaffron stated they needed to discuss the roundabout, road width, trails and sidewalks. White asked about the afToidable housing issue. John Messier with Landfoim Designs stated that they were working with Don Sole on the afToidable housing issue. Sole was unable to attend the meeting, but is an expert on the issue and helping them find solutions to the issue. Richard Kroeger of 65 Stubbs Bay Road stated that he felt 1-bedroom units should cost around $170,000. He encouraged Council to push for low-income affordable housing in the development. Messier stated the price points won’t be set until next j«ar, and prices could come down some firom dieir proposed points. Kendra Lindahl of Landfoim Designs stated that the average home in Orono costs $394,000 and while $250,000 is not affordable for everyone, it is a new option for living in Orono. ^ Jonathan Farmer of565 Old Crystal Bay Road stated he felt it is unconscionable to create housing at such a high density without including low-income housing in the development. He stated that Plymouth and Wayzata had both found ways to include low-income housing in their communities. He asked how many people who work in Orono can actually afford to live there. Gaflfon stated the City was not making any allowances on the density. The development IS within the allowed density for the zone. Murphy stated that he appreciated the residenU’ comments, but warned against referring to averages because there are neighborhoods within Orono where property values arc low and then many high value areas that drive up the averages. White stated that there will be low-income townhouses opening in Navarre soon that are designed with families in mind. The current project is meant for couples, voung and old who don’t have children living at home. ' ’ Phyllis O’Malley of2740 Kelly Avenue stated that teachers’ salaries start at about $30,000 and it is impossible for them to live in Orono. Sansevere stated that Long Lake and Orono share conununity and there is affordable housing in both Long Lake and Maple Plain. A ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 S. M02-27S9 Dahbtrom DevehpmeutLLC—**2550 ” Wayutta Boulevard 9Ve$t— PUD Rezoning and Concept Plan Approval—Continued White stated that the Council has addressed the issue of affordable housing before and referred to the Mayor’s Report from 2000, which is posted on the Met Council website. He stated the City is considering a mass transit issue was well. The problem is a complex one with many factors involved, besides the price of land in Orono. Michelle Krokzyk of 65 Cygnet place stated she knows people who grew up here and can’t afford to move home to put their kids in the Orono school district. She stated there must be a way to get a house for less than $500,000 in Orono. Murphy stated that the next development they consider will be for family housing. Richard Kroeger stated that land value is driven by what people are willing to pay for it. He suggested the City require some low-income developments < : certain properties, then the developers wouldn’t ^ willing to pay as much for it. Kendra Lindahl stated that she worked for the City of Plymouth before Landform Designs. Plymouth has a large and complex city plan for creating low-income housing that involves much more than restricting property values. She stated that Landform Designs is willing to work with Orono to make some units more affordable. Murphy asked about the Highway 12 trail. Steve Johnston stated that they planned an 8* wide bituminous trail on the soufo side of Kelley Parkway because Highway 12 is not a safe option. They will also place a sidewalk on the north side of Kelley Parkway. Nygard stated they would still need a trail on Highway 12 for future use. Gappa stated it wouldn’t cross any driveways along that stretch of Highway 12. Murphy questioned if a trail was needed along Highway 12. Nygard stated the City requires that trails be connected. Murphy moved, and White seconded, to direct staff to draft a Resolution of Concept Plan Approval following staffs recommendations. Including the Planning Commbslon recommendations, and also addressing the issues of affordability, road width, pedestrian safety of the roundabout, and the Highway 12 trail. Vote: Ayes 4, Nays 0. Barrett asked if the applicants had granted the 60-day extension to the City. Johnston stated they had and that Landfomn Designs was committed to woricing with staff on any issues that arise. rtirinlithlu'iiiilii r ORONO CITY C'OUNCIL MEETING MONDAY, AUGUST 12,2002 7. #02-2793 Revis Stephenson, 1850 Fox Ridge Road—After-the-Fact Variance and CUP—^Resolution No. 4844 Acting Mayor Sansevere stated that, because the application had been before Council several times already, they should only address new or currently relevant points. Ga^n stated that the application had returned with a planting plan. The City Landscape designer felt comfortable with the trees and the plan, and the plantings provided an appropriate mix for the area. The total impact on the wetland was about 300 s f. much less than initially believed, based on new analysis by Peterson Environmental Gafiron stated that Weinberger ’s memo suggested Council could: 1. Approve the application as is, which would Involve extensive tree planting and would not require fill be hauled away from the site. Also, existing vegetation would not be des^yed. pe result would be somewhat inconsistent with the ordinances that protect the wetland buffer areas, and the finished slope would be steeper than 3:1 2. Approve an ^endment to the CUP and not variances, which would require removal of any fill that has been added within 26’ of the wetland. A portion of the hillside would need to be regarded and fill removed from the site. die orighal^CUp'^^**°" require the finished grades to match the approvals granted Revis Stephenson stated that he was comfortable with the resolution approving the plan as IS. He felt the landscape plan was extensive and protected the buffer zone and wetland. Eric Galatz attorney representing Mr. Chalfen at 350 South Brown Road, presented a 10 ’ tall tree ^d stated that it represented the size of tree Mr. Stephenson would be planting He said that his client felt the trees were completely inadequate. Sansevere asked Gafiron if the City was comfortable with the tree size proposed by Stephenson. Gafiron stated that a tree with a 2” diameter was appropriate because a larger trM would require major machinery to get it planted into the slope. Also, smaller trees t^e root more quickly than larger ones and will thrive sooner after the transplant 1 ‘A" - 2 diameter trees would be appropriate. Galatz stated that he had brought with him Frank Svoboda, a wetland ecologist, and Kathipm RyM, a landscape architect. The trees on the plan were shown at 35’ apart wluch they felt was too far. He stated the plan could not have had serious review and that Weinberger stated in his memo that the slope was still too steep and asked for 2-3” Stephenson had buried trees and brush under the new fill and they would rot, creatmg air pockets and uneven settling. tdMA'fiii rnsum ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 7. n02-2793 Revis Stephenson, 1850 Fox Ridge Road-AfieMke-Foct Variance and CUP—Resolution No. 4844—Continued Galatz also stated that Mr. Stephenson had called him 2 weeks ago and he gave him written requests on behalf of Mr. Chalfen that have not been met. Galatz stated he was offended by Stephenson’s lack of regard for the directives of the City. Sansevere asked where Mr. Chalfen has been and why Stephenson and Chalfen did not speak directly. Galatz stated that he directed Stephenson to go through him, and that Chalfen had spoken to Stephenson back in January. Murphy stated that in Galatz’s letter of August 2,2002, under item 4, he requested the planting of sugar maples, that fill soil composition be analyzed and amended as necessary, 4" of topsoil be placed over the current grade, and a letter of credit or other security is provided to insure the landscaping is finished in a timely fashion. Murphy stated he agreed with the above listed terms, though he did not agree with Galatz’s suggestioii that Stephenson be required to cut back the slope. He suggesting approving the application as is with the above noted requirements added. Murphy moved, and White seconded, to adopt a resolution granting an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fili of beyond the 3,280 s.f. of material that was approved in 2001 and an after-the-fact variance to permit land alteration within 26* of the wetiand with the requirements of: the planting of sugar maples, that fill soil composition be analyzed and amended as necessary, 4** of topsoil over the current grade, and a letter of credit or other security to insure the landscaping is finished in a timely fashion. Nygard stated that he disagreed with requiring residents to put up 150% of the project cost as security. Gaffron stated it is common practice with developers, but not with residents. Stephenson stated that the City was holding a cashier’s check for SSOOO as security against road damage that has no expiration date. He volunteered that check as security against the landscaping. Galatz stated that his tree experts claim trees need S years to take, and Stephenson should provide security for 5 years against death of the trees he plants. Stephenson stated that Chalfen seems to believe he has a claim to the trees on Stephenson’s property, which he does not. He has offered to do extra plantings on the property side nearest Chalfen. He stated the trees could not be planted too densely as it would inhibit mature growth. iki-. ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 7. m-2793 Revis Stephenson, 1850 Fox Ridge Road-After-the-Foct Variance and CUP—Resolution No, 4844—Continued Galatz stated he was offended that St^henson brought in extra dirt and cut out trees, doing something other than he was originally approved to do. Nyg^d stated he doesn’t want to require a 150% security of citizens. He suggested making the security deposit voluntary so that it would not set a precedent. Barrett stated that the security deposit would allow the City right of reentry should he fail to meet requirements. Nygard asked ifStephenson was asking for variance. Gaffron stated that to approve the plan as is, variances are required for the 3:1 slope and for the fill to remain. Stephenson stated there was precedent set for the 3:1 slope variance he required. For slopM in excess of 3:1, the applicMts were required to put erosion fabric down; his entire hillside already has erosion fabric in place. Murphy stated Stephenson was referring to Spring Hill. * Moorse asked about the final number of trees. Stephenson stated he was willing to plant the 22 trees shown on the landscaping plan, plus 12 more. Kathryn Ryan presented an overhead showing the size and density of tree canopies 10 years after planting, stating they would have 20’ canopies. She proposed planting over 35 trees on the south side to create a dense screen. White stated he favored holding Stephenson’s check for security. Stephenson asked for a final requirement on the number of trees. Murphy stated it should be 35 trees total at a 2” or greater diameter. Murphy moved, and White seconded, to adopt Resolution No. 4844 granting an after-the-fact conditional use permit per Municipal Zoning Code Section 10 03 Subdivision 19 to permit land alteration and fill of beyond the 3,280 s.f. of material that was approved in 2001 and an after-the-fact variance to permit land alteration within 26* of the wetland with the provisions that 35 trees be planted with at least a 2** diameter, 4** of topsoil over the current grade be verified or added If need be sugar maples be planted, fill soil composition be analyzed and amended as necessary and that Mr. Stephenson*s S5,000 cashier’s check be held for 3 years to insure the laodscapiDg is finished in a timely fashion and the trees survive the transplant Vote; Ayes 3, Nays 1 (Nygard). Nygard stated he is opposed to requiring a resident provide a security deposit. I ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 *8. 802-2795 WJM Properties, 2605 Wayzata Bonlevard West—Commercial Site Plan Review and CUP—^Resolution No. 4845 Murphy moved, and Sansevere seconded, to adopt Rcsoltulon No. 4845 granting a conditional use permit per MunIclapI Zoning Code Section 10.50, Subdivision 3A to permit use of the property for a wholesale distribution facility, repair, parts warehouse, and fleet sales lot. Vote: Ayes 4, Nays 0. *9. #02-2795 Carson Erickson, 3415 Eastlake Street—Variances—Resolution No. 4846 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4846 granting variances to Municipal Zoning Code Section 10.23, Subdivision 6(B), Section 10.55, Subdivision 8, Section 10.22, Subdivision 1 and 2, and Section 10.56, Subdivision 16(L)(1 and 2) to permit new residential single family construction on a lot that Is 100 feet wide where 200 feet Is required, on a lot with an area of .23 acre where 2 acres is required, a front yard setback of 13* where 30* is required, and a lake setback of 50* where 75* Is required, a side yard setback of 28* 2.5** where 30* Is required, 919 s.f. of structure within 75* of OHWL where none Is allowed, 1219 s.f. (16.25%) hardcover In 0-75* setback zone where none Is allowed, 760.5 s.f. (30.5%) hardcover in 75 - 250* setback zone where 621.75 s.f. (25%) is allowed. Vote: Ayes 4, Nays 0. 10. #02-2808 James and Jean Echtenkamp, 2800 Pheasant Road—Varlances- Resolutlon No. 4847 Acting Mayor Sansevere asked Gaffron for the staff recommendation. Gaffron stated that staff made findings that showed a unique hardship. The applicants* could not meet the 25% hardcover requirement because of the lot size, amount of unbuildable land, and the lot being at the end of a peninsula. Only a small usable portion of the lot meets the intent of hardcover analysis. Sansevere asked the Echtenkamps if they had any objections to anything in the resolution. They replied they did not, and they have been working with staff for 10 months to meet City requirements. Sansevere moved, and Nygard seconded, to adopt Resolution No. 4847 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2, and Section 10.56, Subdivision 16(L) to permit 8,810 s.f. (39.2%) hardcover in the 75-250* setback zone where 7,856 s.f. (34.9%) exists and 5,624 (25%) is allowed; and a variance to Section 10.56, Subdivision 16(CK6) to permit an encroachment into the average lakeshore setback. ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 10. M2-2S08 James and Jean Ecktenkamp^ 2800 Pheasant Road—Varianees^ Relation No, 4847—Continued Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Sanscvere asked if they allowed Mr. Galatz to speak out too freely. Moorse stated that there should be more control with questions and comments going through the Mayor, and not directly exchanged among the applicants/audience. Muiphy asked if the resident should be required to attend the meetings in order to launch complaints. White stated that Chalfen bought his house after Stqihenson moved into his. Nygard stated that at least Stephenson was being responsible about his mistakes. Nygard mentioned Caroline Avenue. Gappa stated there was too much water not being absorbed into the ground and suggested running a pipe from a pond, across the Clemmons property, and into the lake. Nygard suggested meeting with the residents and letting them help find a solution. Moorse stated that 1 property owner had mentioned some land she owns that may be large enou^ for a pond. Nygard stated that the house and property on Fletchers Channel was for sale and suggested the City purchase the property and then widen the bridge for boat traffic, possibly enlisting the help of the DNR, MnDOT, and others. White asked how that would be possible with the fire station issue as the first priority. Moorse suggested having Gabriel Jabbour find out the price for them. Nygard stated that Dog Days was a great event, but they need more children’s events next year and the City supporting it. Murphy reminded Council that he, Moorse, and Jabbour need all of the Council’s support over the fire station issues. PUBLIC SERVICE DIRECTOR’S REPORT None. CITY ADMINISTRATOR’S REPORT 1: 1 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 *12. Bid Approval of Telephone System—Long Lake Fire Station Murphy moved, and Sansevere seconded, to accept the proposal from Diversified Security, Inc. for Phone/Paging System, Voice/Data Cabling, and Building Security in an amount not to exceed $28,638 plus tax. Vote: Ayes 4, Nays 0. 13. Appointment of Alternate Planning Commission Members Sansevere moved, and Murphy seconded, to appoint Stephanie Zugschwert and Julc Hannaford as Planning Comn^sion Alternates. Vote: Ayes 4, Nays 0. 14. Appointment of Planning Commission Vice Chair Sansevere moved, and White seconded, to appoint Jeanne Mabusth as Planning Commission Vice Chair. Vote: Ayes 4, Nays 0. *15. Appointment of2002 Primary Election Judges—Resolution No. 4849 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4849 appointing: Milton Bix Debora Halvorson A iron Printup Ann Cosgrove Mark HlUsrom Shirley Pyle Judy Carlson Arne Holm EmikoSaiki Wayne Carrier Julie Hanning Paul Schucllcr Martha Diesen Harold Hanson Susan Schueller Mary Lou Doherty Kristine Houtman Julie Sherf Barbara Ericson Sherokce Use Pat Spiheth Eleanor Ferrii Trevor Use Kari Stein I;e Doric Finn Donald Kielley Mary Stin>un Joan Fitzpatrick John Larson Cherry Stubbs Amy Fuhr-Hamberger Gale Landberg Hcicu Toward Inez Gantz Jeanne Mabusth R. William Toward Tresa Gardclla Ralph Miller Bowman Gray Phyllis O’Malley as election Judges for the Primary Election to be held September 10,2002. Vote: Ayes 4, Nays 0. .'Aim SBam&iBauuhi ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 *16. Appointment of Fnll-TIme Conunnnity Service Ofllcer Murphy moved, and Sanseverc lecondcd, to approve the hiring of Mr. John Herman at a fhll-time Community Service Ofllcer at the beginning wage of $11.86 per hour, to Include benefits, effective August 13,2002. Vote: Ayes 4, Nays 0. *17. Appointment of Part-Time PoUce Officer—Resolution No. 48S0 Murphy moved, and Sansevere seconded, to hire Josh Ameson as a part-time poUce officer at a pay rate of $14.00 per hour, no benefits, and to adopt the Resolution No. 4850 declaring that the part-time position held by Josh A. Ameson is that of a Police Officer, establishing his cligibility for coverage in the PERA Police and Fire Fund, effective August 26,2002. * Vote: Ayes 4, Nays 0. *18. Request to Advertise, Select-Part-Time Police Officer Position Murphy moved, and Sansevere seconded, to approve advertising for and selection of POST licensed police officer to work part time beginning at the pay rate of $14.00 per hour. Vote: Ayes 4, Nays 0. *19. Amendment to Appointments—Resolution No. 4851 Murphy moved, and Sansevere seconded, to adopt Resolution No. 4851 amending the dcsIgnaUon of selected appointments for the year 2002, reflecting the appointment of Council Member Murphy as a City representative to the Long Lake Fire Commission, and to the Mound Fire Department, replacing Council member Sansevere in these roles. Vote: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None. *20. LICENSES SPECIAL EVENTS I. Applicant: Mike Koester/LcGran Homes Event: Fall Parade of Homes Location: 950 Willow View Drive ORONO CITY COUNCIL MEETING MONDAY, AUGUST 12,2002 *2A UCENSES—ConOHued Date: Time: September 7-29,2002 noon-6:00 p.m., Thursdays - Sundays Murphy moved, and Sansevcre seconded, to approve all licenses. Vote: Ayes 4, Nays 0. *21. BILLS Murphy moved, and Sansevere seconded, to approve payment of the All Funds Account Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 11:00 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor VI ' ■ Cl I f wr \jnKJtiQ i REQUEST FOR COUNCIL ACTION DATE: August 22,2002 ITEM NO: 3 Department Approval: Nsm LinVM TMe City Cleric Administrator Reviewed: Item Description: The Legacy Foundation Agenda Section: CHy AdministranM's Report The Legacy Foundation has rescheduled their presentation to the Council and will attend the August 26 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 6om The Legacy Foun^tion. COUNCIL ACTION REQUESTED: No action required. i I !i ; 1 V 1 t. X H E LEGACY■m Giving To Th« Lok* Minnoconlui Ar«i April 22,2002 Honorable Mayor & Members of the City Council City of Orono Box 66 Crystal Bay, MN SS323 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 necessaiy 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 TEL: (952) 401-1260 19765 HIGHWAY SEVEN • SHOKEWOOO, MN 55331 FAX: (952) 474*0751 EMAIL: MdCiImIiim yEMinilaiiuiiJMI WEI SITE: «vww.6wlaaKy6BundlliQnjMt T H £ LEGACY •♦ • * • j ®' Glvifin *n» TImt IjJui Mlffifitfitmktt Arvn I ♦ • A •• » >« . . • , * s* '* • • ’* • • Thb^Fomkm BACKGROUND The history of the Lake Minnetonka area is one of small communities that grew, and were engulfed by the IWin Gties metropolitan area. There are multiple political boundaries, many of which are overlapping and very specific in nature. The result is that there is no natural constituency for the area's asMts in total. We believe the time has come for an oiganizatkm 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 local jurisdictions and residents routinely work together to develop, rc>develop and improve the Lake areas 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 necessacy inter-jurisdictional approvals and support that are necessary for successfiil completion of each endeavor. A LEGACY FOUNDATION ENDEAVOR We have created a challenge for the Foundation. One that is for the benefit of every person in evety community chat makes up the immediate Lake Minnetonka Area. That challenge, is to rhake 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 ofier, will, in some way; benefit every resideoc and visitor the area embraces and in every way be aesthetically pleasing, environmentally correct, an unequivocal improvement to the area and be done arichin a carefully managed budget. \ ■ m: •v’Tr ,i f'i ’Ot-'. ■\v‘ T » • LEGACY !L-. • • ‘i • • • # ;./•V H- ■ *. I . * •.. ••.•! ..• • * *•• •• « ^ * • *' *• • » • • ^ * • * • _ • V. • •• . * • . ! • •".! • *. t- ••• . **•• • •; * • . :• •;•« - • •! • • . • . • * V # • •• » . • *..« •. . . •V - •• •*1 • • • •• , i • ^ legacy * •• f Contact The Ugaqr Foundation: BttfdS .....c -tinq request for council action d 6 2002 Cm 1 ^ROP40 DATE: August 22» 2002 ITEM NO: ^ Department Approval:Adminbtrator Reviewed:Agenda Section: Name RonMoofse City Administrators TUk City Administrator Report Item Description: Annual Financial Report Presentation Ken Malloy, of the City’s auditing fiini, will present an overview of the 2001 Comprehensive Annual Financial Report. A copy of the report and the related Management Report, have been provided as part of tlw agenda packet. COUNCIL ACTION REQUESTED: There is no Council action requested. V-- . ' ■ V ^ 1 Orono, Minnesota efing Index Map LlHs^v. bv >te»dK»ri nor^ i AIS9C'■fviire* mn%m$ tt^. ^2!f #C»4t« JMMCW M M M.M §0rn^%mt Mt. J«% I4>tft AGENDA FOR COUNCIL MEETING SiT FOR MONDAY, AUGUST 26,2002,7:00 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 A(J(^ 2 APPROVAL OF MINUTES * 2. Regular Council Meeting of August 12^ 2002 ciry Of o PRESENTATION 3. The Legacy Foundation 4. 2001 Comprehensive Annual Financial Report • Ken Malloy PARK CO.MMISSION COMMENTS - Rick Meyers, Representative PLANNING COMMISSION COMMENTS • Marc Fritzler, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #02-2782 Orono Professional Properties, 2765 Kelley Parkway - Revised Concept Plan- Resolution 6. #02-2789 Dahlsuom Development LLC - “2550 Wayzata Boulevard West - Concept Plan Consideration - Resolution 7. #02-2803 Jeff Martineau on behalf of Cheny Stubbs, 2920 Fox Street - Class 11 Subdivision - Resolution • 8. #02*2811 Daniel and Ruth Porten, 1015 Tonkawa Road • Variance • Resolution • 9. #02-2814 William and Sandra Keegan, 2707 Walters Port Lane - Variance • Resolution • 10. #02-2816 Orono Montessori, 3800 Wayzata Boulevard West - Conditional Use Permit- Resolution 11. #02-2819 Tim Devries, 2180 Abingdon Way - Conditional Use Permit - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 12. North Arm Lane Paving Project - Resolution 13. Request for Final Payment - Shoreline/Heritage Sanitary Sewer Project 14. Request for Final Payment - Highwood Road Storm Sewer Project 15. Approve Purchase of Golf Course Tee Mower AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 26,2002,7:00 P M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT 16. Pay Request • Long Lake Fire Sution 17. Application and Certificate for Payment No. 4 • Long Lake Fire Station 18. Appointment of Building Inspector 19. NPDES Guide Plan Payment Authoriz^on 20. Authorization for Traffic Study CITY ATTORNEY’S REPORT 21. LICENSES Club Firearm Use Permit Special Event Permit * 22. BILLS UPCOMING ISSUES AND EVENTS ApplicilioD Dttc: April 16,2002 60-Day Review Ciplrati<»n: Jvae 15,2002 Coacepf Plaa Approval Date: Joae 10,2002 (Resoludoa No. 4823) Coocept Mao Approval Effeettve Period: June 10,2002 -December 10,2002^<^|f•,^,, 2 6 miREQUEST FOR COUNCIL ACTIO0(, ^ ^ ‘ Date: August 22,2002 Item No. Department Approval:Administrator Approval: Name: Michael P. Gaf&on Title: Planning Director Agenda Section: Zoning Item Description: #02-2782 Professional Properties of Orono, 2765 Kelley Parkway - Proposed Medical Office - Request for Approval of Revised Concept Plan List of Exhibits A - Planning Commission Memo & Exhibits 8-15-02 B • Zoning Code Section 10.61, Subd. 6 Summary of Request Applicants received Concept Plan Approval per City Council Resolution No. 4823 on June 10,2002. As they have continued to refine the site plan, a number of revisions have been proposed which do not change the defined use of the site but do significantly affect the parking layout, access locations, site circulation, building size and orientation, etc. and which staff concludes rise to the level of requiring a Revised Concept Plan review and approval. Applicants have advised the City that they now have a signed purchase agreement to acquire the adjacent 2.5 acre parcel to the east, and the Revised Concept Plan indicates a portion of the medical office’s required parking on that site as well as a shared access to Kelley Parkway. Planning Commission Recommendation Please review the attached Planning Commission memo and exhibits. The Planning Commission voted 6-0 to recommend approval of the revised Concept Plan subject to the following recommendations/conditions: 1.Because there has been recent City discussion regarding the possibility of converting the Highway 12 ditch to an urban section with storm sewer. Planning Commission that Council work with applicant to escrow funds if necessary to allow construction of the trail along 12 to be delayed until Highway 12 future section plans are determined. i . / ! #02-2782 Professional Properties of Orono August 22,2002 Page 2 2.Planning Conmission favored a lot line rearrangement to allow the parking areas proposed on the adjoining lot to be within the Medical OfHce property. (Applicants have since indicated they would prefer a cross-easement situation rather than lot line rearrangement; staff notes that this is allowed by the zoning code and would be feasible) 3. 4. Dumpster enclosure can move to the SB comer of the site to be able to serve both properties. It is critical that landscaping and building design on the SW side of the building be of high quality now that the back of the building faces the 12/OCB intersection. 5.Applicant should review the future flow of traffic in the easterly lot to ensure this plan does not have negative impacts on that site’s development. Wetland Issue Although applicants have been negotiating a purchase agreement with the City, it is as yet unsigned. The latest issue with the purchase is that applicants* environmental consultant has suggested the site may contain small pockets of defined wetlands, although none are mapped on the site. John Smythe of Bonestroo & Associates, the City ’s wetland consultant, was asked by staff to review the wetland status of the property. He has indicated after a preliminary analysis of the site that a small wetland (perhaps 1/10 of an acre) app^ to exist near the center of the property. He has suggested the City proceed with a complete delineation of the site to determine the boundaries of the wetland and determine its characteristics to determine the extent of mitigation necessary should the site be developed. The cost of woric completed to date by Smythe is approximately $500; the additional work proposed would be an additional $1,000. Applicants have suggested that the City should be obligated to provide mitigation for the wetland. An argument can be made that this is the purchaser’s responsibility. Council is asked to consider the issue and provide staff with direction. Staff Recommendation Staff fiiKk that the revised Concept Plan is superior to the original plan in many respects. Staff concurs with the Planning Commission recommendation. To the extent that developer can provide a joint parking agreement meeting the standards of Zoning Code Section 10.61, Subd. 6, staff would not oppose an easement instead of the lot line rearrangement. Paridng in the easterly lot devoted to meeting the parking requirement for the west lot could not be counted toward the east lot ’s parking requirement in the future. Based on Council ’s conclusions, staff will draft an amendment to the Concept Plan Approval Resolution for adoption at your next meeting. #02-2782 Professional Pr August 22,2003 Page 3 iesofOrono COUNCIL ACTION REQUESTED a. Motion to q>prove the Revised Concept Plan per Planning Commission recommendation. b. Direct staff to draft an amendment to the Concq>t Plan i^iproval resolution; and c. Provide direction as to whether parking easements will be accq>table in lieu of a lot line reanangement. Provide staff and ^plicant direction as to whether City should proceed with wetland delineation. mikim i AppIkatiM Date: April 1<,2M2 M>Oay Ravicw Eipiradoo: Jaacl5,2002 Caaccpt flaa Approval Date: Jaac 14^2002 (RcMhitlOB #4t23) CoBcept Plaa Approval Effective Period: Jaac It, 2002 - December 10,2002 To: From: Date: Subject: Chair Hawn & Planning Commission Members Mike Gaffron, Planning Director^ August 15,2002 ission Memb< #02-2782 Professional Properties of Orono, 2765 Kelley Parkway • Public Hearing: Request for Approval of Revised Concept Plan (Medical Office) Summary of Request Applicants received Concept Plan Approval per City Council Resolution No. 4823 on June 10,2002. As they have continued to refine the site plan, a number of revisions have been proposed which do not change the defined use of the site but do significantly affect the parking layout, access locations, site circulation, building size and orientation, etc. and which staff concludes rise to the level of requiring a Revised Concept Plan review and approval. It should be noted that applicants have been negotiating a purchase agreement with the City; it is as y ;t unsigned. The latest issue with the purchase is that applicants’ environmental consultant ha iggestc'*” . *•* *•^^11 pocketsofdefined wetlands, although none are mapped on .... site. The City Engineer is currently reviewing the wetland status of the property and is expected to provide staff with additional information shortly. Applicants have also advised the City that they now have a signed purchase agreement to acquire the adjacent 2.5 acre parcel to the east, and the Revised Concept Plan indicates the potential for additional paricing on that site as well as a shared access to Kelley Parieway. Lbt of Exhibits A - Revised Plan Sheets: C2.1 - Revised Preliminary Site Plan L2.1 • Revised Preliminary Landscape Plan Pl.l - Revised Floor Plan El.l & E1.2 • Revised Building Elevations B - Resolution No. 4823 and Exhibits M2-27I2 ProrMSleaal Prepertks af OrtM Aatust 15» 2M2 Page 1 aT3 CoDcept Plan Revisions The following items constitute significant revisions or changes fix>m the Concept Plan approved by the Council in June, 2002: 1.The building is 16,000 s.f in area rather than 15,000 s.f. It is still one stoiy and retains the same architectural styling as the original plan. 2.The building orientation has been reversed so that its front entrance is facing northeast toward Kelley Parkway rather than southwest toward the intersection of Hwy 12 & Old Crystal Bay Road. 3.The easterly entrance to Kelley Parkway will be a full access shared entrance with the adjacent property to the east. This was formerly an “in-only” access point. It is located directly across fit)m the Orono Police driveway as required by the City to eliminate left- turning conflicts for exiting vehicles. The westerly access firom Kelley Parkway will be **in-only** which provides easy access for patient drop-off and pick-up while providing less of a stacking backup conflict for cars exiting onto westbound Kelley Parkway. 5.The easterly parking lots are connected by two “through ” corridors to additional parking on the adjoining property. Based on applicants ’ revised submittal C2.1, required parking is 72 stalls, of which 67 arc provided on-site and 5 are provided on the adjacent property. The site plan indicates that a total of 15 stalls are proposed on the adjacent property to serve this site, due to the applicants ’ expectation that a total of 83 stalls are likely necessary to adequately serve their intended use of the building. Parking layout appears to meet the appropriate design standards in terms of stall size, driving lane width, etc. Topics for Discussion Parking Easements/Agreements vs Lot Line Rearrangement : The two apparent options for allowing the required parking and shared access to occur outside the boundaries of the property are 1) require that parking casements or agreements be established between the two properties, or 2) require that the lot boundaries be adjusted so that all parking for the comer lot is within the comer lot. The shared access should require cross-easements in any casci the proposed shared access location is very appropriate to serve both sites, and we would expect perhaps one additional access to Kelley Parkway would be developed for the easterly parcel. Staff docs not necessarily oppose the idea of using easements to meet the parking obligation of the comer lot, but these must be properly documented and taken into account when the easterly site is developed. «02-27S2 ProCnilonsI PrepiiliM vf O tmo AugiiftlS,2002 Pa|t2«r2 Trail alom^ Highway 12: During the process of developing the revised site plan, applicants* engineer noted that placement of a trail in the right-of-way abutting the south lot line would leave existing power poles in the middle of the trail. Staff suggested that the trail be shown south of the power poles for now, and this would need further discussion. There are a number of issues regarding the location of this trail that perhaps should be taken into consideration: - safety aspect of proximity to Highway 12. Any trail along 12 west of Willow Drive should be significantly separated from the traveled right-of-way... - aesthetic impacts - will the trail be better situated from a landscaping perspective if pushed nearer the property? - impact of pedestrian traffic near medical building windows - is there a proximity factor that should be considered? - topographic issues - the trail, if south of the power poles, is almost into the road ditch; staff has had very recent discussions with Hennepin County (in regards to the future turnback of Highway 12) about converting the ditches along the Wiltow-OCB Rd. segment of 12 into storm sewers, which would provide an urban section and allow for a more attractive transition from the Highway to the development along it... Planning Commission should discuss this issue and if possible provide Council with some direction in terms of trail location. Wetland Issue If any new inforr-iation is available prior to the Planning Commission staff will advise you of it. The City Council will have to determine what action is necessary should the site be found to contain wetlands regulated under the WCA rules. Expected worst case is that a small amount of mitigation may be required off-site; best case is that the wetlands will be determined to be non-existent prior to the WCA affective date (i.e. not naturally occurring and possibly created by later grading of the site) and nothing will be required. Staff Recommendation Staff finds that the Revised Concept Plan contains a number of elements which make it superior to the approved plan, primarily in terms of access to Kelley Parkway and site circulation. It appears that all required building and parking setbacks are met with this plan. The orientation of the building toward Kelley Parkway will allow for a more extensive green buffer facing the 12/OCB intersection. Planning Commission should address the **Topics for Discussion** noted above and make recommendations where appropriate. A resolution to amend Resolution No. 4823 will be presented to Council on August 26, referencing the Revised Concept Plan and incorporating any necessary revised conditions. The topics of rezoning, stormwater management, building materials and design, signage, lifting, landscaping, etc. are already dealt with in the Resolution, so probably do not have to be discussed at this time, but will be reviewed at the time final plans are submitted for Develqrment Plan y^proval. #02-2782 rrafcMteial PrapciUct ofOrMa Aiifutt IS, 2002 ragtsars lirt STTEPLAN Mni4 mm l*«V MS diKMir W tm_____S^MS MMi • • a •/« CM PIIQJKrMM60M«Wlli m m m.m MM ssssisi. ci::-M *■■ MX ififianniuuuuc MJIMX vinnnnivinivim iMnHHHHhsiw {"iuiniuiMJ^ • -. ••# •*• • 0*0 • • • ^•^IT »TM •i^^VtnAflfiniWTi^jrvmnnniir^^ SScTirir:jir-rir:j^j^*ww^ iruwv; KS^iuinitnnfUi^iHK^ jinniviiifUw-4- «i* • • •• .^•Ih 0^ I ** CAST tU \ilLlTMl •T( CMTtn • #|*' ft* »!•• • \ • •• ••1^ M* •■• • •V C4*TtTM Ci«T«T9«V, shea L J Tt1l»W »»» 4««iiak»» diMfc ORONO PROFESSIONAL CENTER pfolMtnic DENTAL CLINIC 0R0N0.MN shMlinte: EXTERIOR BUIL0M6 ELEVATIONS ■wtetNi:SK1JD kxastLm 1 MM orvMiim. Try [ti-0 f /-**■ Sv GITYof ORONO m RESOLUTION OF THE CITY COUNCIL NO.__482 8 A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN FOR PROPERTY LOCATED AT 2765 KELLEY PARKWAY HLE NO. 02-2782 WHEREAS, Professional Properties of Orono (hereinafter the ’’applicant") has an interest in property located at 2765 Kelley Parkway within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Willow Properties Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the property is located in the Highway 12 Corridor Study Area for which the City has established special requirements for rezoning and development per Municipal Code Section 10.52; and WHEREAS, the City of Orono Hi^way 12 Planned Unit Development (PUD) ordinance (Municipal Code Section 10.53) requires a multiple step approval process for properties developing via the PUD process; the General Concept Plan approval stage is the first step in the process followed by the Development Plan approval stage; and WHEREAS, the applicant has requested General Concept Plan Approval for Planned Unit Development of this 2.0 acre property. Proposed is a rezoning from RR-IB, One Family Rural Residential District to B-6/PUD for medical office use of the parcel. The intended use of the property is a 15,000 s.f. one-story medical office building; and WHEREAS, the Orono City Council makes the following findings in regard to this application for rezoning and PUD General Concept Plan approval: HNDINGS 1. 2. This application was renewed as Zoning File #02-2782. The property is located in the RR-IB One Fanuly Rural Residential Zoning District. The property consists of approximately 2.0 acres. Page 1 of 12 .......A CITY of ORONO RESOLUTION OF THE CITY COUNCIL 482 8NO. 3. 4. 5. 6. 7. Rezoning of the property from RR-IB One Family Rural Residential to B-6 Highway Commercial District (PUD) for a medical office use would be in keeping with the 2000-2020 Orono Community Management Plan (CMP) which guides the area in which the property is located, from Willow Drive to Old Crystal Bay Road between Highway 12 and Kelley Parkway, for professional office use. Professional office use is a permitted use in the B-6 District Per Municipal Zoning Code Section 10.52, minimum area for a rezoning in the Highway 12 Corridor is 5 acres. The property is nominally 2.0 acres in area; the site was created in 1984 to accommodate a branch of the Hennepin County Library, which was never built. The City of Orono purchased the site in 1996 for temporary public works use and as a means of controlling the future development of the site. Because the site exists as a separate parcel and the proposed use conforms to the CMP and the B-6 district, an area variance to allow rezoning of the site is reasonable. Such a rezoning is unlikely to have negative impact on the adjacent 2.5 acre vacant lot, since that parcel is also guided for professional office use. Other properties abutting or near the property are used for or planned for uses which are generally compatible with the proposed office use. North of Kelley Parkway is the Orono municipal complex including administrative offices, police department and public w'orks facilities to the northeast. Directly cast is a vacant 2.5 acre parcel guided for professional office use. To the south across Highway 12 is the Orono industrial park. To the west across Old Crystal Bay Road is the Orono Schools campus. The applicant has provided preliminary plans attached to this resolution as Exhibits A and B including site plan, grading plan, utility plan and landscaping plan (all dated 5-17-()2) and conceptual building construction plans (dated 4-17- 02) which the Council finds are sufficient to indicate the intent of the developer and the potential impacts of the project. The proposed site plan meets the general access standards developed for the Highway 12 corridor, in that all access is directly to Kelley Parkway, and trail links are provided. An existing 8' wide bituminous trail which is part of the Orono comprehensive trail s^tem is located within the property along Old Crystal Bay Road. The City wishes to maintain this trail in its current Page 2 of 12 1 •iiiUMtn 11^1 J GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 2 3 8. 9. 10. configuration and location to maintain a pedestrian corridor that is separated from Old Crystal Bay Road. An easement will be required for this existing trail. Sidewalks/trails within the Kelley Parkway and Highway 12 rights-of-way are subject to approval by Orono and MnDOT respectively. Stormwater mmagement is an overriding concern with development of this site, since ponding is not proposed within the property. Stormwater management is proposed to be provided by stormwater catch basins and storm sewer lines which would discharge to a proposed stonm sewer through properties to the east, then eventually outletting into a regional stormwater pond to be located approximately 1/4 mile east of the property. This regional pond is proposed as an expansion of an existing MnDOT stormwater pond by Dahlstrom Development LLC to ser\'c their proposed 50-acre development surrounding that pond. The timing of expansion of the MnDOT pond may not coincide with applicants intended schedule for the medical office. In addition to the City of Orono, MnDOT and the Mirmehaha Creek Watershed District have approval authority over the applicants’ stormwater management plan. The City Council finds that the development of this critical comer property will set the standard for the quality, character, context and compatibility of development desired by the City for Kelley Parkway. While Orono has not created specific design guidelines for commercial or residential development within the Highway 12 corridor area, minimum standards for site design and building construction have been incorporated into the applicable zoning codes. In order to ensure that development of the property will result in an expression of Orono ’s open space character and image. City Council will herein establish minimum Concept Plan Approval conditions to be met by the developer in order to gain Development Plan Approval. The City Council finds that the proposed rezoning and proposed development of the site for a medical office building is appropriate for the property, will not have negative impacts on the surrounding properties when all Concept Plan Approval conditions are met, and is in keeping with the goals, policies and philosophies of the City. Page 3 of 12 k illfii lilllilitilllli i J m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 n g a CONCLUSIONS, ORDER AND CONDITIONS , ■ , NOW' THEMTORE, be it resolved that the City Council of the City ofOiom he^y approves the General Concept Plan for development of a 15,000 s.f. medical ofRce buildin, on ^t 1. Block 1. Willow Properties Addition, subject to the following decltrabons and conditions: ^ 1.The City of C^ono will approve rezoning of the property to B-6 (PUD) as desent^ herein upon City Council finding of satisfactory completion of the Conditions for Development Plan approval. 2.Conditions for Development Plan Approval arc as follows: A. Development Standards and General Conditions. 1) The Development Plan shall meet all setback standards for building construction and parking as established for the B-6 District in the zoning code, as defined in the following table: jujjdlng^eyelopment Standards Lot Area Lot Width ±Required 2.0 acre min. Principal Structure Setbacks Parking Setbacks •includes driving lanes Building Height Front(N) Side (E) 100' 35' 10* Rear (S)30* 1 Side Street (W)------------------ Front(N)20* Side(E)5* Rear (S)15* Side Street O'V)15* Peak Heisht V/A P»«e4ofl2 ■ ; I I 1 ■■; i ; ' i < ! I I«: ' tf ’ I # “ 4; d GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 g S The above table values are based on the B-6 standards for residential zoning of the Orono municipal facilities to the north and the Orono Schools to the west; the industrial zoning to the south; and the intended commercial zoning to the east. Reqtured off-street parking per Section 10.61, Subd. 10 shall be provided at a ratio of no less than 5 stalls per 1000 s.f. net building floor area. Parking layout and traffic flow shall be reviewed and approved by the City Engineer. The northeasterly access driveway to the site shall be operated and signed as ‘‘in onl/’. Appropriate traffic and parking signage within the site shall be installed subject to the Orono staff and City Engineer’s review and approval. Applicants shall demonstrate to the Council’s satisfaction that the service area along the northeast side of the building is designed to provide for efficient service vehicle access and is treated architecturally as a primary facade that presents a positive visual image toward Kelley Parkway. The percentage of the property that is devoted to green space (not including areas within road rights-of-way) shall be maximized to the greatest extent possible but in no case shall be less than 25% of the lot area. Landscaping plan shall meet all landscaping standards established for the B-6 District in Section 10.45, Subdivision 6(H). In addition, the Developer shall be responsible for sodding the boulevard of Kelley Parkway and any other areas outside the property boundary that may be disturbed. The developer shall create a “parkw'a/* character through substantial landscaping along Kelley Parkway; shall provide substantial deciduous trees along the west boundary; atul shall provide a combination of deciduous and coniferous trees along the south boundary of the property Page 5 of 12 mmrn i r GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 g a Along Kelley Parkway, the Development Plan shall incorporate a green (sod) boulevard no less than 8 feet in width behind the curbline of Kelley Parku’ay; a concrete sidewalk 6 feet in width located partially within the right-of way and partially on the property, and a setback to parking from the north lot line of no less than 2ft feet. The property owner shall be responsible for installation and maintenance of the sidewalk and boulevard. Street lifting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number, height and location approved by the City Council. Along Old Crystal Bay Road, the setback from the eastern edge of the existing trail to the back of parking lot curb shall be no less than 5 feet. A suitable buffer to provide a sense of physical separation between the parking lot and users of the trail shall be provided, in the form of a hedge or vegetative barrier, a berm, a short bamer wall, additional separation, or some other method acceptable to the City Council. A trail easement shall be granted to the City over the westerly 25’ of the property. The City shall be responsible for maintenance of this trail. T^e proposed pedestrian trail along Highway 12 shall be 8’ wide, of bituminous surfacing and shall be located within the Highway 12 right-of-way, subject to MnDOT approval, approximately abutting the south property line, to provide separation from the traveled portion of the right-of-way. The construction of this trail may be deferred until such time that development of the property to the immediate east occurs, subject to the Developer posting suitable financial security in the interim for such construction. The City shall be responsible for the maintenance of this trail upon its completion and acceptance. Signage and lighting on the site shall adhere to the pertinent zoning code standards, and shall be subject to approval by the City Council. Site lighting shall be low and shielded, similar to the style of lighting found at the Orono Administrative Facilities. Page6ofl2 I •r’ I , iw GITYof ORONO RESOLUTION OF THE CITY COUNCIL 482bNO. Site lifting along the west and south boundaries shall be provided adequate to light the trails along these two sides of the property. Final decisions by the Developer regarding colors, types and qualities of building materials shall be subject to Council approval. The proposed building shall be subject to the Architecturai Standards for the B-6 District per Zoning Code Section 1045 Subd. 6(1). ' ’ The use cf the building is specifically approved for professional office use. Retail uses accessory to the office use may be allowed through a formal amendment of the PUD. but if approved the combination of all such uses shall not e.xceed 5% of the gross floor area of the building. Applicants architect shall submit final development plans to the Metro Council Environmental Services to determine the exact number of SAC units to be chaiged at the time of the issuance of building permits. Developer shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stormwater management plan before Development Plan Approval will be grant^. Erosion control shall adhere to “Best Management Practices for Protectmg Water (Quality in Urban Areas". All erosion controls as r-quired by the City and by the MCWD shall be in place prior to commencement of excavation on the site. This concept plan approval is based upon the known issues that may «flect this project, but this approval does not limit the City firom revising or amending these conditions as the review process continues. Page 7 of 12 ■ GlTY<if ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 H 9 R C. Plans and Specifications. The following plans and specifications shall be subimtted for review and approval by the City and other appropriate jurisdictions: Final, plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Preliminaiy Plan set. The Public Works Department and MnDOT shall review and approve all utility improvements. Final sanitary sewer and watetmain plans shall be provided and are subject to approval by the Public Works Department. Final grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Development Plan Approval will not be granted until the Minnehaha Creek Watershed District and MnDOT have approved the stormwater plans. Final landscaping design plan with planting schedules including numbers and species, in accordance with the landscaping requirements of the B-6 zoning district. 4) Final building construction plans, including: a) elevations of all sides of the building; b) type and color of exterior building materials; proposed floor plan; d) e) building dimensions; ar\d the location of trash and recycling containers and of heating, ventilation and air conditioning cquipmenL Page 8 of 12 III I# CITY of ORONO D. E. F. G. RESOLUTION OF THE CITY COUNCIL NO. 4 ft g a Parking lot construction plans, including confirmation that parking lots and driving lanes \vill be paved and provided with concrete curb and gutter, and that all driving lanes within parking lots shall have a 9-ton minimum pavement section. A geotechnical evaluation of the soil shall be done in conjunction with the pavement design and shall be submitted to the City Engineer for approval. 6) 7) Detailed signage and lighting plans. Any additional olans and specifications deemed necessary by the City as review progresses. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. Financial Guarantee. The Development Agreement shall include a ^ancial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to landscaping, grading, erosion control, utilities, driveways and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the imp ovement costs. Storm Water and Drainage Trunk Fee The standard Storm Water and Drainage Trunk Fee for commerc al development shall be paid by the developer at the rate of 56,480 per acre (2002 Fee Schedule). The City Council shall determine prior to final Development Plan approval whether the Developer will be charged additional fees for off-site stormwater improvements that benefit this property. Park Dedication. The City Council shall determine prior to Development Plan App«"oval whether Park Dedication requirements are applicable to this project. If so, the City will determine the dedication requirement in land or fee payment prior to Development Plan Approval. Page 9 of 12 I lanfliinA haidif •• 1 ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 4 8 g 8 3. 4. 5. H. by use of the foHovong formula: X 2.0 acres x S1441S/acre = Connection Charge Due where: A « number of SAC units required for the office building . 2 = number of sewer/waler units paid previously 2,0 acres ** area of the property S14,115 - per-acre connection fees for 1989 Highway 12 municipal sewer & water project. srrxss tore b«li Ai>prov»l ’ as identi&Ll herein pus Gen^ Concept Plan Approval shall be effective f- a period of « months The undersized applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heL. successors ™d the ^opc^^^ recordmg of this resolution in the Chain of Title of Page 10 of 12 iStnaaMtoOi GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 48g a Adopted by the Orono City Council on this 10th day of June, 2002. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor no, fiLP as Developer) Ronald J. Mo6rse (for the City of Orono as Property Owner) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instniment was acknowledged before me on this ^ day of Xant 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. /i* Notary Public UN0AS.VEE NOTMVPUIue I *1^ Page 11 of 12 • •A.1 A. ii CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.___^ 82 8 STATE OF MINNESOTA COUNTY OF HENNEPIN / * ins^ment was acknowledged before me on this /J2/4 Hav «r Jmo£------. 2002 by Linda S. Vee. City Clerk of the City of Orono. a Min~;;r.o.. and said instrument was «« .u- mumcipaicorporation and said instrument was executed on behalf of the City. #9"^ MARY ANN JOHNSON f NorMrfMuc.UMcsorA %CamMnEi9kMJM.]tMS Notary fuljlrc STATE OF MINNESOTA COUNTY OF HENNEPIN «5 -^■kWaisarv'iiti LINIUfi VEF VJ|STATE|g__________ COUNTY 01 HENNEPIN Notary Public On this :28 day of CS~Uru^ personally appeared before me, ____who is personally known to me __isi; whose identity I proved on the basis of , 2002, tCoLr ( G-» r*. KXid whose identity I proved on the oath/aEfiraiation of j a credible witness and who exreuted the foregoing insttroent. and acknowledged that he/shefthey executed the same as htsdier/their free act and deed on behalf of Professional PtopetUes of OtoM i^ Notary Public JL Page 12 of 12 RESOLUTION Na IASCA liCAimt IIASI I iinr wsa wi lAPMC^ATwncir rSrar fe=. {: I* I rir' iSK 3.V— If- a !•{ Hffe DENTAL CLINIC EXHIBIT A-1 COVER SHEET ORONO, MN IMAVIM lYMtOUCUJUlSlB.caintifnr fwtoti«osnc/vroiTv coftTACif I o --------------- !:p: rr,— C3SITC mtouc ■M 1 •Mi S«L. --Shji.M C98W •Me gacfc-SSL —SSr ^ mmt — NVt.V.* cssumiT twtouc • E3S5£^-»“ asemL tm? nocii *. r=:%a$ 4 I czanosMi cwfTBoi mto Oopher Slat* One Cal 5-/7‘0^ fmwnm9mmm BonnaMe LANDFORM oNsmu MO i:iE C0.1 iiilliiiii'iii i'iiil'iiilli'iliBl' 1 ■ »>»«U#» IC.' ' . Kiixir PAMUAr /© OK J a t. Ntt^jUT #<a 0 ■ * n -------^ RESOLirriON NO. 4 89 9 «nnrrA4 nUEUMINARY SITE fLAN *eif. 'BSUBsr.ssius***--^ ‘3^'SSS^Z- 31 IIMIAtTC KBirr^— tMOM*§mmmm torn mmnam C9AIU tUiniAKTI ssss? hrLJ landform • •*••*»••• t • imM rmrn j»- ,r~ r t) fUf C2.1 J iMAUi¥i-iitn> I ■fi»iiirnilg»^Arnif«r ■ hn J J ^. IT PAR4UT ^ -< - • • ^ ^ ' 8 $ S \ a a HttMur mo. o ___- RESOLUnOffNO. €3smm ExnmrtM raSUMiriARY GRADING Pt j\N »«re> WST___UAttSl** ^SgSSvvv °^SSSiS3S!F* •^gtL<ssnsn»3s.*a *S£»£3S» • •• ‘ srwsaMMw ^Su g <3^555-m hirt—J m vuf •MMM • MMM mmmmsmiLcom LANDFORM •*■•••••«••.»•••••■ r»9 C3.1 ^1^ 9 •r«<«I • ) N a»i«f^ ti4.a4 ; /* :. “*35Sa i • •-V* yv ^ , . . ,."T“®^*.. .».;... u a ica^ur i<a. a Mk ' ■ Z’S.l RESOUmONNa <828 EXHIBIT A4 PRELIMINARY UTILITYPLAN r • «• osTTaS:: Tiv. C23flirr/vnurv conTBcrK M 1 «Mi ^jrc.a l^-srsa Kg A. —•eassw ^sesmm —BAanotnLE£S** tM»a» IMMM wm OfMIAOMB ORtMLIM lANDFORM ■«—aa##»ia.»—aaia intAVIUi r*v •' ®5555=“ hrLJ mMM ft fUf C4.1 czxMBMorc wntc RESOLOTIONNa 4828 ®-EXHIBIT A>S TREUMINARY LANDSCATC TIM* Q - =m GDCD maui mummtt mu Q ■sur ta-a*M M »*M (CCD <MM o •B6 s:.• •a M^ M«M iM — mmmmm mu # •------------• * a* M«M (COD mtmmmumm o6 oos o oo O ■■ »*i» (CCD SM* cat*-* - -.m-cbcd—bb- • •• m,m (CQ^ MM m mm ••a ■* avcMvCIXD^^ M «M M •»*M»Q(2)mm tarJB sst.. ss.** ISCD -- OXD —• aacD mrn»m m1pa BB 7^7BBQi> i»ISEBIbBBl i/.; * *■9 BBB i>V C t. MOMVAY HO, 0 •g|^^'H2*SS«H53ffiS. ^SS^STSSSSS^mSSSSJ^^S?^ ' « t««M* MMI mm V CVTrtS,--*»5«ar/rirtaf' > • (Dg^LSH*** l*MIM»a^4»M —M—»•Si^fiass (7>m«mm« »Sa- hrLJm ma %mmm • mm am umoam LANDFORM 4>——M IB«»MM> ■ UMHOMPUi r.v L2.1 -------------------------*"■ r RES0LUTKM4 NO. 4 S 9 H EXHIBIT B*1 IHEUftUNARY FLOOR /T\ FLOOR PLAN _ i/io* ■ r*e>* patbi 4.n. • • 7€€2 • 0 slion L J mrnmmsmm TtttMOV intuiitM ««<l»» ««»!«. etett (MONO PR COTTER •; I; prtfMint: OENTALCUNIC 0R0N0«Mfi ttaHimt: aOORPlAN P1.1 RESOLUTIONNa ^B2 R EXHIBIT B-2 FREUMINARY EXTERIOR BUILDING ELEVATIONS ASPHALT SHMCkLES ALiftNLtl Twn PRECAST STONE ‘SPLIT STONE VENEER ROCICFACE PRECAST STONE ‘ALlMSan '^CAflO.-V I ^PRE CAST STOREFRONT COLirWS STONE"CLASS STONE SOUTH ELEVATION/tn south 1 • V^u/ i r-^*OAT£i 4*11-2002 .... J irL*“-TvV:rj-^--rirjir-njvv^rjvvrir-rLnrj^^ > *. . ?• *- CAHOf^ AND COLU^ DETOND ASPHAl^ SHINCLES ALinNUi TRIM BRICK r, 1 shea L J MFtlM TiiifiimF f ItlMIM SPLIT STONE VSNSER PRT -AST- STONE . ROCKfACB PRE CAST STONE .PRE CAST STONE EAST ELEVATION ■©euJ 1/16 ’ • r-0*OATEi 4-n-2eoi l»» OMMOPMFESSRMMcanu OMMONCOMMaiM fMIBK BOEmnWUMQaemnoNS wr«»vc E1.1 ■aAHbd*!liittliflliAl resolution no . ^ ^2 3 ^____ m ralSKT! exirbitb ^ rRELl.MINARY EXTERIOR BUILDING and TRASH ENCLOSURE ELEVEATIONS gRi MmmMM •ALITMtl TRIi t;CAST Mac NOCK PACK ^SPtlT STM i t— STONS STore PRSCASr STOKE veccR r\ MORTM ELEVATION©\Ah* • r-0* DATEi 4.n-1002 .tnnnA/innrinAAnnnnnAAnArLnnixru\rvnAnAAnA/u ASP p MLT- SKB^LES ALUntAfi TRP1 ^^(MKKKKKMKHMKKHM^jrO^^ J MOC Biiiiliiii CANOPY AND COUJrHBSXMD PR2 CAST STOKE ‘Rcxx FACE ^sptrr stoke PRS CAST VENEER STONE ©lUEST ELEVATION i/ie* • v-o*PATEi 4.n*?Oe>7 BACS fiioe PR2CASTCAP ROCK FACE PRS CAST STONE GATES SPLIT STore VENEER ©TRASH ENCLOSURE ELEVATIOMS mb' • r-c*OATEi 4>I1'2C07 '•» • 4y ^ ■ • <m- nir^iBfrmitfltBS shea L J IMMg MISN f titaii f IttMl MS IM (MNOPimSSKMAL CM» BreitdfftfE DEMTALCURCmoHD,m tMimt: noOUORBlUMG AN0TIIA8H EfJClOSUfE ELEVATKNtt Hnii EJBE. J^4 El .2 b« ti TTTTi»• I ORONO PROFESSIONAL CENTER 2m KEUEYrAnnVAY UOHAaS Vv RESOLUTION NO. 4 g g j| EXniBITIM • gWTgW / EXtT *^*‘*-^ ^ PRELIMINARY SIGNAGE PLAN •ALlTMtl eiON «TM BACKLIT ItMIE LETTERS * L—PRS CAST CAP ~PRBCA5T‘ STONE l3*-4* mOCKPACB m CAST STONB SIGNAGElAl 1/4* ■ l*-0*DATE. 4-n-TOB} i i § S'.B !'*e* ir~PRE CAST CAP PRE CAST STONE **“-----ALUitWI SI6N ■ till lUTH BACKLIT IBflTELEr RS a-BMCK . ROCK PACE PRE CAST STONE “I* TOTAL PAKONB STALLS IS STALLS H1111 ^ 111 i 111111 < n 111111 ^ 11 n 111 f i"i 'M T n ri'f 11111 I I T HIMIUTO 0 SITE PLAN! \/70 m OATEi 4-n-2M2 SI6MA6E 1/4* •DATCi 4.n«7M2 TOP UNITS PPOPeitTYLNB ohon L J T MS wav FSIIMIW *•» R«a»|MS» ORQNOPcaniK RiRrtWt; osmicuNcownolim iMaBe SnCPUMMO SIGNAGE iMa f MHi mt S1.1 § 10.61 be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line. Source: Municipal Code Effective Date: 9-14-67 B. "B" Districts. Within the "B-2'* District parking may not be allowed iii any required yard or landscaping area. Within the "B-1", "B-3" and "B-4" Districts parking spaces and/or garages shall be located in areas other than a requirea yard except ihat parking may be located in a rear yard to within three feet of the rear or side lot line unless the rear or sit.e lot line is in common with an "R" District; then the setback distance shall be the same as required for the "R" District. Source: Ordinance No. 17^ Effective Daie: 1-1-75 C. "I" Districts. Within "I" Districts, off-street parking spaces shall be not less than twenty feet from any street right-of-way line no/ less than five feet from any interior side lot line or rear lot line, except when a side or rear lot line is abutting an "R" District. Then, off-street parking shall be not less than ten feet from said lot lines. Subd. 6. Joint Parking. Required parking facilities serving ♦” more u: in the "R" or "I" Districts may be located on the same lot provided that the total ni. . of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use and provided: A. The proposed joint parking space is within thirty feet of the use it will serve. B. The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the Uvo or more buildings or uses for which joint use of off-street parking facilities is proposed; and, C. A properly drawn legal instrument approved by the City Attorney, executed by the parties concerned for joint use of off-street parking facilities shall be filed with the City Clerk. Said instrument may be a three or more party agreement including the City. Subd. 7. Control of Parking Facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off-street parking shall be filed witli the City so as to maintain the required number of off- street parking spaces during the existence of said principal use. No such parking facilities at its closest point shall be located more than 100 feet from the premises nor more than 300 feet from the principal use or build-ng served. ORONO CC 384 (4-1-84) M ApplicatkNi Date: April 17,2002 Initial 00-Day Review EipIratloD: June 16,2002 5/29/02 - City NotlRed Applicant of 60-day Review Period Eitension to Auguft 15,2002 Revised Plan Application Date: June 26,2002 ^INQ Revised Initial 60-Day Review Eipiratlon: August 23,2002 Applicant on 8-10412 Granted Eitension to August 26,2002 ^ c002 Applicant on 8-22-02 Gr»%ted Eitension to September 9,2002 Cn i , REQUEST FOR COUNCIL ACTION Date: August 22,2002 Item No. Dtpertmcnl Approval: Name: Michael P. Gallron Title: Planning Director nistralor Approval:Agenda Section: 2toning Item Descriptioo: ^02*2789(Revised) Dahlstrom Development, LLC, “2550" Wayzata Blvd. - Proposed Residential Development - General Concept Plan 1) Rezoning to RPUD 2) PUD Concept Plan Review • Resolution List of Exhibits A • Resolution for Adoption B - Developer Informational Letter 8-22-02 C - Ron Moorse Letter of Request 8-19-02 City Council reviewed the Revised Concept Plan on Augtist 1 2 and voted 4-0 to direct staff to draft a Resolution for Concept Plan Approval, incorporating the staff recommendations. Staff was also directed to define those specific recommendations or conditions which with applicant does not agree. In a marathon 3-1/2 hour meeting on August 22, staff and City consultants met with the developer and his team to review each of the specific issues of possible contention. The areas of issue were: 1) Kelley Parkway width and design 2) Interior roadway system widths and design 3) Location and design of trails and sidewalks 4) Design of main entrance to residential development 5) Pedestrian safety in relation to the ‘roundabout’ Staff and the developer have reached resolution on each of these topics, as follows: ♦ Kelley Parkway will be 32' in width (face of curb/face of curb) with approximately 25 on­ street parking spaces along the north side of the roadway in 8* bump-outs. The bump-outs will be designed and landscaped to provide a parkway character while remaining as maintenance-friendly as possible. #02-2789 Dahlstrom Development LLC August 22,2002 Page 2 A S' concrete sidewalk will be provided along both sides of Kelley Parkway behind an 8' boulevard. At the parking bump-outs, the sidewalk will abut the curb for pedestrian convenience. Developer will provide a suitable streetscape plan as part of tlie Final Development Plan submittals. An 8' bituminous trail will be provided along Willow Drive and Highway 12. This trail may jog back up to Kelley Parkway on either side of the stormwater pond if space is lackrng between the pond and 12; however, developer intends to design a bench between pond and 12 for possible trail use. Interior two-way roads will be 22* from face of curb to face of curb (fc/fc); one-way roads will be 16* fc/fc, and increased to 18* fc/fc as needed on tight curves to accommodate fire trucks, garbage trucks, moving vans, etc. The main entrance with water feature will be allowed at the proposed width of approximately 140', leaving enough separation between the entrance (east driveway) and exit (west driveway) to avoid traffre conflicts. Design detail will incorporate one-way signage as necessary, narrower driveway widths (16-18') to discourage wrong-way access, and maintain necessary sight distances. The roundabout area will incorporate roadway and pedestrian walkway crossing design features as well as appropriate landscaping details (hedges, railings, judicious sidewalk placement, etc.) to allow safe pedestrian access. Developer has committed to working with the City consultants to make this amenity safe for pedestrian use. Staff has incorporated these standards into the attached resolution. The resolution consists of two principle sections: “Findings ” (pages 2-9) which document the City’s goals, intent and policies pertinent to this specifle development; and “Conclusion, Order and Conditions” (pages 9-19) which establishes the conditions and expectations that the developer must demonstrate are met with the Development Plan submittals. Upon adoption of this General Concept Plan Approval resolution, applicants expect to submit detailed Development Plans for review by staff in mid-September, with formal Planning Commission review in October. The discussions with iq>plicants on August 22 included the topic of affordability. Applicants ha .e suggested a number of methods by which affordable units can be provided as part of this project, and they will be prepared to discuss this at Monday’s meeting. #02-2789 Dahlstrom Development LLC August 22,2002 Page 3 Applicant has also responded to Ron Moorse’s letter of August 19 requesting information on Dahlstrom Development U C as well as affordable housing possibilities for this development This information is attached as Exhibit B. STAFF RECOMMENDATION CouiKil is asked to carefully review the resolution and advise staff of any additions, corrections or clarifications needed. (Refer to the plan set provided to you by the applicant prior to the August 12 meeting). COUNCIL ACTION REQUESTED Motion to adopt the attached Resolution for General Concept Plan Approval. ■AarauuMiiaAi A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN FOR PROPERTY LOCATED AT “2550” WAYZATA BOULEVARD FILE NO. 02-2789 WHEREAS, Dahlstrom Development LLC (hereinaAer the "applicant") has an interest in property located at ”2550" Kelley Parkway within the City of Orono (hereinaAer the "City") and legally described as follows: Outlot B, Willow Properties Addition, Hennepin County, Minnesota, except Parcel 201 and 201a Minnesota Department of Transportation Right of Way Plat No. 27-57. (hereinaAer the "property"); and WHEREAS, the property is located in the Highway 12 Corridor Study Area for which the City has established special requirements for rezoning and development per Municipal Code Section 10.52; and WHEREAS, the City of Orono Highway 12 Planned Unit Development (PUD) ordinance (Municipal Code Section 10.53) requires a multiple step approval process for properties developing via the PUD process; the General Concept Plan approval stage is the first step in the process followed by the Development Plan approval stage; and WHEREAS, the applicant has requested General Concept Plan Approval for Planned Unit Development of this approximately 51-acre property. Proposed is a rezoning from RR-IB, One Family Rural Residential District to RPUD Residential Planned Unit Development District for construction of 167 residential multi-family dwelling units on approximately 41 acres of the site, and creation of two commercial outlets on the remaining 10 acres to be developed at a later date; and Page 1 of21 WHEREAS, the Orono City Council makes the following findings in regard to this qiplication for rezoning and PUD/RPUD General Concept Plan approval: HNDINGS Community Management Plan Conformity: Rezonine 1. This application was reviewed as Zoning File ^02-2789. 2. The property is currently zoned RR*1B One Family Rural Residential Zoning District, requiring a minimum residential lot size of 2 acres. The property consists of approximately SI acres. 3. The proposed use of the property is consistent with the Orono 2000-2020 Community Management Plan (CMP) guiding of the property north of Kelley Parkway for attached residential dwelling use, and for commercial office uses south of Kelley Parkway. 4. The proposal locates Kelley Parkway consistent with the CMP intent for a single tier of commercial ofHce uses between Kelley Parkway and Highway 12, with no direct access to Highway 12. The proposal creates two outlots for potential commercial use between Kelley Parkway and Highway 12. 5. Because the property south of Kelley Parkway is guided in the CMP for commercial office use, that property should be rezoned consistent with the intended and guided use. At this time the applicant does not have a specific proposal for development of the commercial ofHce outlots. The most appropriate zone for the intended commercial office uses is B-6 Highway Commercial District. The B-6 District was specifically created to accommodate the uses guided by the CMP for the Highway 12 corridor. The B-6 District primarily allows non-retail uses such as ofHces, banks, libraries and motels/hotels, and allows Class I restaurants only as a conditional use. Rezoning the two proposed commercial outlots to B-6 would be appropriate at the time of Development Plan Approval, regardless whether the outlots have been proposed for specific uses at that time. Page 2 of 21 6. 7. 8. North of Kelley Parkway, the proposed mix of units and pricepoints includes 56 rambler townhomes at S4S0,000*pIus per unit, 47 two-story townhomes at $325-350,000 per unit, and 64 Lofts condominium units at $225-250,000. This mix of unit styles and pricepoints provides housing options generally consistent with the City’s intent for this property and consistent with the Community Management Plan (CMP). In the CMP’s Housing Action Plan six “implementation policies” are presented. Policy 3 on Page 3C-25 reads in part as follows: “3. Orono will encourage developers to provide a variety of housing types and cost ranges. Whenever a multiple family or clustered housing development is proposed, Orono will actively encuuiagc setting aside a reasonable number of units for large families and/or for low and moderate income families. Orono will participate and assist developers in applications for loan guarantees or other suitable forms of housing subsidy aids which may be available....” Council finds that it would be appropriate for the Developer to suggest and implement methods for making a number of the units available at price points nearer the Metropolitan Council’s ’affordable’ standard, and to propose methods to price a number of units within the “affordable” price range, under Met Council or other criteria, given that the overall density requested is at the very top of the City’s intended 3-6 units per acre density range. The property is within the only area of Orono guided by the CMP for a density range of 3-6 units per dry buildable acre (including use of the north half of Kelley Parkway for density credit). The proposed density of I-story and 2-story townhome units if considered separately is 4 units per acre as proposed. Similarly, the density of the Lofts condominium units is approximately 18 units per acre as proposed. Combined, the proposed overall density is 6 units per dry- buildable acre, within the 3-6 unit per acre range established in the Community Management Plan (CMP). Page 3 of21 9. The Lofts are a type of housing needed to meet the City’s housing goals. The proposed location is appropriate for this type of housing in terms of visual impact and impact on adjacent uses. 10. The proposal meets the intent of the CMP in terms of housing density, housing types, and mix of units. The proposal provides for multi-family attached dwelling units at a density of 6 units per acre which meets the density guidelines proposed by Orono and accepted by the Metropolitan Council. 11. Rezoning the portion of the property north of Kelley Parkway to RPUD Residential Plaimed Unit Development is appropriate based on the multi-family residential nature of the proposal, which meets the following general purposes of the RPUD District: a) incorporates flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; b) provides lifecycle housing with the potential to meet affordable and moderate cost housing needs; c) incorporates energy conservation through the use of attached building designs and the clustering of buildings and land uses; d) preserves desirable site characteristics and open space and protects sensitive envirorunental features, including sensitive wetland areas; e) provides design compatible with surrounding land uses, including both existing and planned; 0 results in a sensitive developmen: in the transitional area located between single familu uses to the north and commercial uses to the south along the Highway 12 corridor, and g) yields development which is consistent with the Comprehensive Plan. B. Site Planning & Amenities: Transportation: Miscellaneous 12. 13. Platting of the portions of the property south of Kelley Parkway as outlets for future commercial office use as guided in the CMP is acceptable given that the developer has no specific users identified at this time. The Developer’s schematic drawings showing how the outlets could feasibly be developed should become a part of the record as an indication of the viability of said outlets for their intended use. Developer and City in making decisions about the nature of Kelley Parkway should keep in mind that future uses south of Kelley Parkway will most likely be non-residential in nature. The Lofts will be 3 stories in height and will exceed the 30' RPUD height limit for multi-family buildings. The estimated visual peak height with a 4/12 pitch will be approximately 40' above finished grade as viewed from the south. The 'defined height’ similarly will be approximately 40'. A low-pitched roof of 4/12 or 5/12 should be designed for the Lofts in order to limit the visual impact of the excess height. All residential buildings including the Lofts should have pitched roofs rather than flat roofs to maintain a rural residential character. The proximity of the Lofts t.o the Orono Public Works facilities will require that substantial measures be taken to limit the impacts of the City facilities on the residential use. Such measures may include buffering, special setbacks, disclosures to prospective buyers, etc. The proposed commons open spaces are a positive feature and should be included in the final development plan; these features include but are not limited to: - The Plaza and northerly green areas providing substantial separation between the two Lofts buildings; - The open green area north of two-story townhomes #15-19; - The traffic circle at the center of the site (pedestrian access safety concerns must be addressed); - The commons oval surrounded by 2-story townhomes #39-47 with possible lot-lot; • Bus-stop/pond overlook on south side of Kelley Parkway across from main entrance; - The various linear trails and water features shown on the concept plan attached as Exhibit A-1; Page 5 of 21 i 16. 17. 18. 19. - The interior spaces of the three cuNde-sac loops; - The wetland areas shown as open space on the Concept Plan. Additionally, the stormwater pond has potential to be a significant open space amenity for both the residential and commercial development of the property, and conditions for development of the commercial outlets should be established to protect the perimeter of the pond from commercial development encroachment to enable pedestrian amenities and a trail around the perimeter of the pond. The proposed open space areas within the development will be private open spaces, and will be maintained by the homeowners association. These spaces need to be high quality spaces, and the overall landscaping plan must be of similarly high quality. Further, site layout, building orientation and design, and building separation distances must be considered by the developer to maintain the 'open space’ character intended by the City for this development. Interior private street lighting should be at a low level consistent with the surrounding rural residential character while providing the necessary level of security, and will be maintained by the homeowners association. Public street lighting along Kelley Parkway will be provided by the developer, then maintained through standard agreement between the City and the appropriate public utility company. There are no identifiable public parkland needs at this location other than extensions of the City’s public trail system along Willow Drive and Highway 12. However, development of the proposed housing and future development of office uses will generate additional use of existing City park facilities in the area. On the basis of the Developers’ statement that the public trail easements will be granted without requesting a park fee reduction. Council finds that no park lands need to be dedicated and the park dedication should be in the form of a Cash Contribution in Lieu of Lands as allowed by the Municipal Code. The City Council finds that it would be prudent to conduct a traffic study as soon as possible to determine the impacts of this plan on roads and intersections outside the development, to review internal circulation, and to detennine whether specific revisions to the proposed development plan or offsite roadway improvements are required, either as a direct result of this development or due to conditions not directly related to this development. Developer has indicated a willingness to pay an appropriate share of the costs of this study. Page 6 of 21 20. 21. 22. 23. While the proposed overall level of parking at 4 stalls per unit (including garage spaces, driveway spaces and on-street defined parking) is double the amount required by code, the Council finds that it would be appropriate that the developer give special attention to providing adequate parking for the anticipated residential uses. The City ’s goals in terms of pedestrian transportation for this development are to provide functional and safe walkability within the residential de\ elopment; to connect the residential development w ith existing or future trails and sidewalks providing access to surrounding areas; to provide walkability for commercial users to easily access nearby commercial or public areas; and to provide a safe, continuous separated bike trail approximately parallel to Highway 12 with no driveway crossings hilveen Willow Drive and Old Crystal Bay Road. This bike trail is likely to connect westward along Highway 12 to the City ’s ’Lurton’ park property in the future. Stormwater management is proposed to be provided by stormwater catch basins and storm sewer lines as well as open swales which will discharge to a regional stormwater pond to be located between Kelley Parkway and Highway 12 benvecn the two commercial outlets, at the the property. This regional pond is proposed by the developer as an expansion of the existing MnDOT stormwater ponds at this location, requiring MnDOT approval. The City agrees to work with MnDOT and the developer to gain MnDOT approval for this pond expansion. In addition to the City of Orono, MnDOT and the Minnehaha Creek Watershed District have approval authority over the applicants’ stormwater management plan. The City recognizes that approximately 1.4 acres of Wetland Conservation Act (WCA)-protected wetlands will be impacted by filling or excavation with this project. The conceptual wetland impact plan provided by the applicant indicates those areas impacted are primarily linear wetlands along ditch lines, small pockets of w etland separated from the major wetlands on the site, or portions of w etland fringe. The City Council finds that these impacts appear to be minimal and can be suitably mitigated by compliance with rules of the Minnehaha Creek Watershed District and the provisions of the Wetland Conservation Act which is administered for Orono by the MCWD. Page 7 of 21 ■ 24. Because the City has not adopted a specific streetscape plan for Kelley Parkway, it would be appropriate for the developer to submit a streetscape proposal to the City for consideration. Such a plan should not include a center median in Kelley Parkway, but should include substantial vegetation and provide a **parkway*’ character that is pedestrian oriented while maintaining functional access for the commercial and public uses that will also be served by Kelley Parkway. 25. The City ’s goals for the internal residential road system are that it be privately owned and maintained; designed to adequately accommodate normal residential traffic as well as emergency and service vehicle traffic; and be safe and comfortably walkable for pedestrians. The City will herein establish minimum acceptable internal road standards, and will encourage the provision of sidewalks where feasible and appropriate to minimize pedestrian and traffic conflicts, and to connect residences with on-street parking areas. Internal pedestrian ways are intended to be privately owned and maintained. 26. The applicant has provided General Concept Plans attached to this Resolution as Exhibits A-1 through A-6 including: A-1: Sheet C2.1 - Concept Plan submitted 8-12-02 A-2: Sheet C2.3 - Conceptual Design Guideline Plan submitted 8-12-02 A-3: Sheet C2.4 - Conceptual Design Guideline Plan submitted 8-12-02 A-4: Sheet C5.1 - Conceptual Plat submitted 8-12-02 A-S: Sheet C3.2 - Conceptual Wetland Impact Plan submitted 6-24-02 A-6: Sheet C2.1a - Alternate Concept Plan (Kelley Parkway located north of MnDOT pond property) Applicant has also provided additional preliminary plans not attached hereto. Council finds that the plans submitted are generally sufficient to indicate the intent of the developer and the potential impacts of the project. 27. The City Council finds that the development of this property must set a high standard for the quality, character, context and compatibility of development desired by the City for Kelley Parkway. While Orono has not created specific design guidelines for commercial or residential development within the Highway 12 corridor area, minimum standards for site design and building construction have been incorporated into the ^plicable zoning codes. In order to ensure that development of the property will result in an expression of Orono’s open space Page 8 of 21 character and image. City Council will herein establish minimum Concept Plan Approval conditions to be met by the developer in order to gain Development Plan Approval. 28.The City Council flnds that the proposed rezoning and proposed devciopment of the property for mixed multi-family uses is appropriate for the property, will not have negative impacts on the surrounding properties when ail Concept Plan Approval conditions are met, and is in keeping with the goals, policies and philosophies of the City. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the General Concept Plan for development of the property at “2550" Wayzata Boulevard by Dahlstrom Development, LLC subject to the following declarations and conditions; 1.The City of Orono will approve rezoning of the property north of Kelley Parkway to RPUD as described herein upon City Council finding of satisfactory completion of the Conditions for Development Plan approval. The City of Orono will in due course appropriately rezone the property south of Kelley Parkway, including the two outlots, to be consistent with the guided commercial office use as indicated in the CMP. 3. Conditions for Development Plan Approval are as follows: RPUD Development Standards and General Conditions. The total number of residential dwelling units shall be 167 units including 64 Lofts units, 47 two-story townhomes and 56 rambler townhomes, generally as configured on the Concept Plan attached as Exhibit A-1. Page 9 of 21 .1' 't ]5 1 I i Developer shall provide a Development Plan for the residential portion of the development that conforms to all standards of the RPUD District (Municipal Zoning Code Section 10.33) and shall demonstrate to Uie satisfaction of the City Council that all RPUD standards have been met and shall demonstrate where such standards have not been met, and shall satisfy the City Council that non-compliance with said standards is remedied in a manner acceptable to the Council. Developer shall demonstrate to the satisfaction of the Council that the RPUD standard of 10% of the gross project area has been set aside for private recreational uses. Developer is advised that the wetlands which are protected under the Wetland Conservation Act may not be used towards the private recreational area requirement. Developer shall install a Tot Lot as one of the private park & recreation amenities of the development. Developer shall provide a landscaping plan meeting all of the requirements of the RPUD District. The developer shall create a “parkway ” character through substantial landscaping along Kelley Parieway subject to approval of a streetscape plan to be provided by the Developer and approved by the City Council. Final landscaping plans will be reviewed by the City's consulting landscape planner for conformity with the RPUD standards. Landscaping plans tor the commercial outlets can be deferred until those sites are developed. Street lighting along Kelley Parkway adjacent to the property shall be provided by the Developer and shall be of a style, number, height and location approved by the City Council. Public street lighting along Kelley Parkway shall be maintained through standard agreement between the City and the ^ropriate public utility company. Interior private street lighting shall be at a low level consistent with the surrounding rural residential character while proNiding the necessary level of security. Such lighting shall be of a style, number, hei^t and location qrproved by the City Council. Interior street lifting shall be maintained by the homeowners association. Page 10 of 21 8) Final decisions by the Developer regarding colors, types and qualities of building materials shall be subject to Council approval. The proposed residential buildings shall be subject to the Development Standards for Attached and Multi-Family Dwelling Structures for the RPUD District per Zoning Code Section 10.33, Subd. 5(G). The separation distances between townhomc buildings are generally acceptable as shown on the approved General Concept Plan, with the majority being at least 15' at the nearest point with greater separation as the building walls diverge. Any separations less than 15* shall be reviewed to determine if a greater separation is feasible, and Developer shall demonstrate to the satisfaction of the City Council that suitable architectural styling, building orientation or other methods will be used to mitigate the lack of separation. The Orono Fire Marshal shall review the building separations and any revisions required for fire-protection purposes shall be made by the Developer. The berm along the Public Worics site east boundary may be extended eastward to assist in establishing a buffer to the Lofts; however, any buffer walls, plantings or other improvements shall be located on the Lofts site as shown in the approved General Concept Plan. The Developer shall take extraordinary efforts to minimize impacts on existing vegetation and enhance screening and buffering in the area northwest of the Lofts west building. A disclosure regarding the Lofts buildings proximity to Public Works shall be required of Lofts buyers to help limit the expected complaints about City activity and noise from the Public Works site. All residential buildings including the Lofts shall have pitched roofs rather than flat roofs to maintain a rural residential character. Roofs for the Lofts units shall be low-pitched rather than steeply pitched to decrease the impact of excess building height. Page 11 of 21 10) Developer shall submit proposed conditions for development of the commercial outlets to maintain the natural amenity values of the pond and protect the perimeter of the pond from commercial development encroachment. B. Transportation 11) Kelley Parkway shall be platted as a public roadway as shown on the Conceptual Plat. The following design standards for Kelley Parkway shall be adhered to: Platted Width: 60' minimum Paved Width: 32* fc/fc (face of curb to face of curb). On-Street Parking: On-street parking will be allowed on the north side of Kelley Parkway only, to be accomplished by additional 8' wide 'bump-outs ’ with a number of breaks to allow for appropriate landscaping to maintain a "parkway” character. Design considerations will be required to ensure ease of maintenance for snow removal. Turn Lanes: consultant. Per recommendations of City transportation The interior road system shall be platted as part of the Commons Lot as shown on the Conceptual Plat. .\ll of the streets and sidewalks within the Commons Lot shall be private, with the exception of the Public Trail located along Willow Drive. The appropriate City standard private street and utility easements shall be required over all streets and utilities within the Commons Lot. required. Maintenance of the private streets and sidewalks within the Commons Lot will be the responsibility of the Developer or an incorporated homeowners association. The Orono Fire Marshal and a representative of the Long Lake Fire Department shall review the interior road system, and any revisions Page 12 of 21 required for fire-protection purposes shall be made by the Developer. The following design standards for the interior road system shall be adhered to: Main access: Design shall be revised to limit the two intersection points to one-way in and one-way out. These lanes shall be limited to a width of approximately 16-18' to make wrong-way access less likely. Appropriate traffic control signage shall be installed. The separation of the inbound/outbound access roads must be at least 100* to minimize traffic conflicts. Road Widths: Two-way interior roads: 22' minimum fc/fc (face of curb to face of curb) One-way interior straight roads: 16' min fc/fc One way curved roads, esp. at roundabout: 18' fc/fc Entry roads to Lofts: 28' fc/fc In General: All curve radii shall be reviewed to ensure that moving vans, garbage trucks, liretrucks, etc. are accommodated. Roundabout : Developer shall work with City staff and consultants to create a design incorporating traffle controls, walkway design features, landscaping, etc. that will provide for safe pedestrian accessability to/through the roundabout interior. Parking : No parking on interior streets except at designated bumpout areas. SE Access: A cormection between the east lane circle loop and Kelley Parkway is not necessary from a general traffic standpoint; ‘emergency vehicle only ’ access would be desirable. An emergency-use-only connection between the East Lane cul-de-sac loop and Kelley Paricway shall be incorporated into the final development plans. An 8' wide bituminous surfaced public pedestrian/bicycle trail shall be provided by the Developer along the Willow Drive and Highway 12 frontages of the property. Such trail shall be located Page 13of21 M. within the Commons Lot and within the Commercial Outlets. Such trail may be located within the Highway 12 right-of-way if a 20’ separation is maintained from the traveled roadway of Midway 12, and if MnDOT approval is obtained. Portions of the trail may be located within the right of way of Kelley Parkway north of the stormwater pond. Said trail shall be curvilinear along Willow Drive as shown in the Concept Plan drawings. The trail shall provide a continuous connection along Highway 12 from the east boundary of the property to the west boundary; connection across the stormwater pond area may be along Highway 12 or may jog up to and back down from Kelley Parkway along the stormwater pond perimeter. If portions of the trail are located adjacent to Kelley Parkway, that portion should be designed to function as both a trail and sidewalk at a total width of 8*. The construction of the portions of said public trail within the Commercial Outlets adjacent to Highway 12 may be deferred until a determination is made whether the Highway 12 boulevard area will be converted from a rural section to an urban section and/or until the commercial lots are developed. The portion of trail along Willow Drive in the commercial outlet shall 1m constructed during the initial phases of residential development, to ensure that the area designated for trail use is not commercially developed. The City shall be responsible for maintenance of the public trails upon their completion and acceptance. Public easements including a suitable shoulder width shall be granted over the public trails. Sidewalks along both sides of Kelley Paricway shall be provided by the developer as follows: North and South Sides of Kellev Parkway : 5' concrete sidewalk separated from back of curb by 8* to accommodate deciduous trees and landscaping in boulevard. All trails and sidewalks, whether public or private, shall be installed concurrently with the development phases and prior to occupancy of residential units, to avoid neighborhood resistance to trail development at a later date. Page 14 of 21 ! ’ Maintenance responsibility for the Kelley Parkway sidewalks shall be the responsibility of the Developer or the homeowners or commercial maintenance association(s). IS) Appropriate traffic control and parking signage within the site and on Kelley Parkway shall be installed by the developer subject to the City Engineer ’s review and approval. C. Utilities; Stormwater ManagemeDt Water mains shall be looped near the north end of the site. Developer shall accomplish this without impacting wetlands. All internal watermains shall be 8” rather than 6"; the main in Kelley Parkway shall be 12". 17) 18) The proposed 8" sanitary sewers are acceptable. City will own and maintain the sanitary sewer and water mains within the development. City will inspect these systems during their construction to ensure proper installation. Drainage and Utility Easements shall be granted to the City of Orono over all sewer and water utility lines and facilities, including the rights of way necessary to maintain same. Applicants' architect shall submit flnal development plans to the Metro Council Environmental Services to determine the exact number of SAC units to be charged at the time of the issuance of building permits. 20)Developer shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stormwater management plan before Development Plan Approval will be granted. The stormwater drainage system will be owned and maintained by the homeowners association. Page 15 of 21 JL nil II iiinitiih 1. D. Wetland Impacts While the City recognizes that the wetland impacts depicted in the Conceptual Wetland Impact Plan are for the most part necessary to allow a reasonable development of the site, applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Mirmehaha Creek Watershed District as administrator of the WCA regulations on Orono’s behalf, are complied with. Orono’s 26* wetland setback requirement (Zoning Code Section lO.SS, Subd. 8) which disallows filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, wells or other construction, is in effect on the site. Final grading and site plans shall indicate those locations where grading or filling within the 26* setback is necessary to accomplish the Plan. While filling of the 26' setback area will be allowed as necessary to accomplish the plan, no encroachment of buildings, retaining walls or other constructed features will be approved. E. Grading, Erosion Control Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas". All erosion controls as required by the City and the MCWD shall be in place prior to commencing excavation on the site. All such erosion control measures shall be maintained in working order until the site is revegetated. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. Page 16 of 21 i iNifaiiitiMaaMMiaMi F.Other General Conditions. Monument signs may be provided by the developer at each entrance to the RPUD development site. The signage shall be limited to a development name and/or logo and street address on the monument signs. Final design/materials of monument signage shall be provided as part of the final development plan submittals and shall be subject to approval by the City Council. The applicable general engineering comments and or conditions provided by City Engineer Tom Kellogg in relation to the original Concept Plan review and which are included in the Plaiming Commission ’s July 12, 2002 packet shall be suitably addressed by applicant in the development plan submittal. Developer shall provide market study information to confirm that the proposed units at the proposed pricepoints are marketable and will indeed meet housing neols of this area. 28)Developer shall provide copies of proposed covenants and documents describing the structure, rights and responsibilities of the various homeowners associations to be reviewed by the City Attorney. G. Plans and Specifications. The following plans and sp'cifications shall be submitted for review and approval by the City and other appropriate jurisdictions: i)Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and qiproval with the Preliminary Plan set. The Public Worics Department and any other pertinent reviewing agencies shall review and syiprove all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to ^>pioval by the Public Works Department and City Engineer. Page 17 of 21 rtMfclTTiiTIII 1 H. I. J. ii)Final grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Development Plan Approval will not be granted until the Minnehaha Creek Watershed District and MnDOT have approved the stormwater plans. iii) Final landscaping design plan with planting schedules including numbers and species, in accordance with the landscaping requirements of the RPUD zoning district. iv) Final building construction plans, including: Detailed signage and lighting plans. vi) Phasing Plan vii) Any additional plans and specifications deemed necessary by the City as review progresses. Platting Process. Applicant shall complete all requirements for Final Plat Approval as outlined in a forthcoming Preliminary Plat Approval Resolution. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to public and private streets, curb & gutter, stormsewer, landscaping, grading, erosion control, utilities, driveways and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. Page 18 of 21 4. 5. 6. 7. 8. Storm Water and Drainage Trunk Fee. The standard Storm Water and Drainage Trunk Fee for residential development shall be paid by the developer per the City Fee Schedule (2002 Fee Schedule). L.Park Dedication. The Developer shall pay the standard Park Dedication Fee in an amount to be determined prior to Development Plan Approval. M. Sewer and Water Connection Charges. The applicant shall pay the standard sewer and water connection charges to the City per the 2002 City Fee Schedule. This concept plan approval is based upon the known issues that may affect this project, but this approval does not limit the City &om revising or amending these conditions as the review process continues. The potential use of the MnDOT stormwater pond right-of-way for Kelley Parkway presents an unknown factor which could change the nature of the Concept Plan if such use is not feasible. If Kelley Parkway must move northward to avoid the MnDOT pond property, the City Council will determine whether a revised Concept Plan requires Either review including referral to the Planning Commission.. This General Concept Plan Approval resolution approves the development concept subject to the applicant meeting the requirements of this resolution and all other requirements of the City. This resolution does not constitute approval of the rezoning. Such approval shall only be considered when the City Council finds that all “Conditions for Development Plan Approval” as identified herein have been met. This General Concept Plan Approval shall be effective for a period of 6 months from the date of this resolution. If Development Plan Approval is not granted within that period, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. 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. Page 19 of 21 Adopted by the Orono City Council on this 26th day of August, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Applicant (for Dahlstrom Development, LLP as Developer) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__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 Page 20 of 21 M i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,, 2002 by Linda S. Vee, City Cleric 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 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/aflirmation 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 on behalf of Dahlstrom Development, LLP. Notary Public Page 21 of 21 LIST OF EXHIBITS - RESOLUTION NO. A-1: Sheet C2.1- A-2: Sheet C2.3 - A-3: Sheet C2.4 - A-4: Sheet C5.1 - A-5: Sheet C3.2 - A-6: Sheet C2.1a Concept Plan submitted 8< 12-02 Conceptual Design Guideline Plan submitted 8-12-02 Conceptual Design Guideline Plan submitted 8-12-02 Conceptual Plat submitted 8-12-02 Conceptual Wetland Impact Plan submitted 6-24-02 - Alternate Concept Plan (Kelley Parkway located north of MnDOT pond property) A,,9. jbiiTk .A i /J.C-NT OTTEN GTTEN B^05 5iCE :R5 rpTM. (44 Ac ) ttom lOT AMA T0TA4. (5.1 Ac.) L5 Ac. Jt Ac. PLAN SUllllARYCaE! NOKTH e» ONTHM CJMUt TOVIAMS 2 ST08T TOViMtS tOFfS 47 A4 (MTS UPitS IMTS lOTAi iMtl tOTAt AM A: AMA: \0\MO AMA. I^A»0 PlitttY: IS7 4M Ac 04 Ac. 774 Ac. 40 UifS/Ac. AAMMC:MOJMO WMW a’AMM THtti cut CMACI OtMWAY STAUS (%70) l^W) (%70) IS S4 lA. 07 SA. Ml lA. MAACt AAMMC t^20)34 SA. 34 lA. ^70 srorr TMft CA4 CACACI OOMtVAY 5TAU$ %j»lkC% PUtUtC gS8?t i l l 44 S4 lA. iO lA. IM lA. m lA. 74A tA. IMTS TWO STAUS AW UMT SUMACS pmm UNPtSCtCUNO WOOF OF AAOIMC (SiW) (%W) (%i70) (%70) 00 M lA. AO lA. H tA. t70 lA TOf Al. PAttMC 9TAU4 WVIXO TjeiA.AAOiA. L-RRI 5| NAPJ. LCUNCiE cn cai MinCM0%.« m* AM •C/iV/01 M M/7C/07 «W fROJECr MANAOdt ftCVKMT CCKtmCATKM CONCEPT SUBMITTAL JUNE 24. 2002 neojeat PROPOSED DEVELOPMENT Orono, Nilnncsotci LANDFORM niNNEAPOLIS.PHOENIX nUNMC OOnOOKMO ntojKTNa Jy. i EA5T UANE SECTION DE5 l6tN GtUlPELINE ________ EAST LANE/ OPEN SPACE SECTION ■■> * j .' X * ••r'*’'‘-» * • *4 M ,v*<' ^ \ .V' . • . • • SftttT STUtT . 75*e r"" “•RA TOAt i t£HT » VI^T O PE5IQN GUIDELINE______ <ELLET PARKUJAY SECTIC^ CTJ Ctl Cll C«j c«« Clf MftMH M.«h RBV»IOHM»TOnf M/I9/0V OMM0 9UAO 0i»«um-t aJNO^ ffA •nj rHOJKT MAIWW CW1WCATKJN CONCEFT* SUBMITTAL JUNE 24. 2002 rrojecTi PROPOSED DEVELOPMENT Orono, TVilnnesota landform M1NNEAPOL 1S•PHOEN1X mAtf-aMV? Mii MML ^NmSSSSJS* r&CNAMi caoerMUMO ntojECTNa ivoan PESIONGUIPOMPLMi C2.3 0'lZ-«52_ C71 Cli Cl? c«» c»» C?f OKt^lMk *»• ••CWrfct^N ••• II Hi ■n r #UM c^o^iuM. «a*i# r#*ct »UM OMmu U<UtV ^ O0HCi#nH a*f ^ ^ t, • E37 e/cen/^f" 1 1 UMSIMHISTOItY (Mi mmm rHOjeaMANAOEUKPIEW 806ON CUBS {VtP) r? B-B «__S----, 5T«eT PAfilNC CEICimCATION KTAifCV^ ©DESIGN GUIDELINE NDRTM LANE SECTION CONCEPT SUSMITTAL JUNE 24. 2002 fltojca: PROPOSED DEVELOPMENT Orono. Minnesota LANDFORM MINNEAPOLIS* PHOENI>!lp1 <iy ^p!Si3?iS* * HMiJlfldlBfmJWl fUNMC CS04TP02.W ntOJKIMX tmoc COMirfUA PC9lGN0U»ELMErLA C2/ 0-f7-Ot~ \pvf.... '-.r' Homs 247A47 » j^f9&*onH 64.347 37 47J00 37 1.760.774 37 junoi 30.400 37 377.440 37 OfOETARM 66.303 37 OiCCl^tANCt 24.730 37 OH 44.443 » 7,7J7.on 9 404 ACI»5 144 AOttS 104 AOBH 24.4 ACttS L« ACtlS 741 7.03 ^«e kcm$ .,4 60 160 304 AOttS SCALE IN nST CVJ €71 CJl €«l C«t €»> UM. aft tm. H€MftnO» M0 Mr «UM fMcr KM e^'fCeiZff' RCVIOIONHIOTOftY 04/tt/afi m»0 m*fli M/7«/€» '•it o»vitawt*rT c^ct^*v ntcxjea MAMAOix RcvcM CERimCATION CONCEPT SUOMITTA JUNE 24. 2002 ntOJECT: PROPOSE C DEVELOPMEN' Orono, Ndlnnesot LANDFORP MINNEAPOLIS•PHOEM MHM414'4 .4ir nUNAME GOOD noMam. CONCEPT f V^C-NT 31 OTTEN BR CTTEN BR05 • • — — ------ ♦ mm • • 6lDb -?R5 LARRY’S; LCUNTiE , 200 SCALE IN mr CVI C9i 09 CAJ C0.I CHI RiVIMMHBrOltY m/7*/97 nktm <0€t0f fA mt ntojca MAMAODt KCVCW OUtmCATION CONCEPT SUEMITTAL JUNE 24. 2002 ntOJECTi PROPOSED DEVELOPMENT Orono, Minnesota LANDFORM niNNEAPOLIS•PHOENIX laSc? ST ^SSmSSSmST ffUHMM CaOCTRttMO ntojECTNa fVMOt OONCEPlUALMnUND iTAcrnAN C3.2 ^»a.v*02. SUM MM • .. JPLAN SUMMARY GZZZISEEI]!! mmw cf cmnmjt* -c. • 0Amw Jom¥or%5 7 STOtY fOVi*40Pt5 LO^rs 94 47 §7 IMT9 IMT9 INT9 TOTAi IMT9( fOTAl AflIA; KtrUf^ AAtA: AtfA: 0MTY: 4L99 Ac. 0» Ac. 77 J Ac. 40 UMTS/Ac. io 160 SCALE IN RET mtti OI Cll CXI C«J Cf( e«i KCVWONHiSTOItr AMI mmm mmt M/19/49 VU«A CaCtM M/l«/a} iCv coctrf VA vw nuuea MANMXK KEVKW COCmCAIION CONCEPT SUBMITTAt JUNE 24. 2002 neoueCTi PROPOSED DEVELOPMENT Orono, Minnesota LANDFORM M1NNCAPOL 1S•PHOEN1X HI^A mIM CACTMIMIM c-mMiww '^c Sa SST »IM4> fumm nujKTNa C0NC8T SnEflAN C2.1 ------“—Mi 11 ► L. Dahlstrom Development LLC. August 22,20Q2 Mr. Ronald J. Moorse City Administrator City of Orono, MN 55356 Dear Mr. Moorse: To address the two issues referred to in your letter of August 19, 2002, I have provided the following information: a business history on the principal owners of Dahlstrom Development LLC., the names and locations of previous developments, types of housing, number of units, build-out time frames and the names of the financing institution. 1 have not disclosed the names of the private investment groups or individuals that were participants in these transactions, but will be happy to do so upon your request and the participants approval to release their names. I have endeavored to provide you with information regarding Dahlstrom Development LLC., organization and staff. Please understand that the core staff is in place, with the exception of two individuals and that release of any private employee ruunes at this stage of the approval process with the City would be inappropriate. Further, several investment groups are competing to provide capital for this development but a final selection has not been made, therefore, identifying these groups at this time would jeopardize an entire year of negotiations. We cannot make this selection and finalize an agreement without, at the very least, approval from the City of Orono of our PUD concept plan. We respectfully request that you approve our development concept on August 26,2002. We can proceed with our selection of investors and can then provide you with the investment group name as well as that of the attendant financial institution. We have enclosed market study data for this project, which indicates a viable development as proposed. Our investors concur with our aruilysis. Our experienced development team has prepared a project pro-forma, but we must keep tlmt information confidential. I would be willing to provide the City with that detailed information if the City is able to insure me that the pro­ forma information would remain confidential and would not become public information. We would be happy to release that information to the City upon receipt of a signed confidentiality agreement. The issues raised concerning housing affordability is complicated, but we have committed to retain Donald Solie, President of US Bancorp -National Account Services, Division of US Bank, the First Vice President of US Bank, as our consultant. After consultation with Mr. Solie, it appears the loft units are the only component of this development that may qualify as affordable. Affordability, as it applies to the two-story units, is complicated by the fact that I cannot simply leave the upper story of a two-story unit unfinished as this would remove all bedroom graces. Further, redesigning these units as a viable single-story will increase the cost and thus work against any affordable goal. 8 i At their August 12'*' meeting, the City Council moved to ap(ut>ve the PUD concept plan and rezoning for this project, subject to several conditions that required us to continue to work with the City to resolve the outstanding issues. The Council direct^ staff to prqmre a resolution for adoption on August 26*^. We do not believe there is any reason to further delay City Council approval of the PUD concept plan and rezoning. We mtend to continue working with the City of Orono to resolve any outstanding issues between now and submittal of the preliminary plat and PUD master plan and City Council approval of the PUD concq>t plan in a timely manner is absolutely critical if we are to move forward with this project. We have worked with the City for over four months in the hopes of obtaining PUD concept plan approval and we respectfully request City approval of our PUD concqrt plan and rezoning request at the August 26'*' meeting. However, we do hearby provide another extension to the 60- day review period until Sq>tember 9,2002. I would like to state in closing that we stand ready and committed to work with the City of Orono to address their concerns regarding the affordability issue, but I ask that you give consideration to the fact that we do not have all the information that is necessary to address the availability of affordable fimding programs on housing units that have not been completely designed and may not be constructed until late 2003 or early 2004. Upon City Council approval of the PUD concq)t plan, we will be able to obtain financing and move forward with the design details and respond to all of the City of Orono concerns. Sincerely, f Terry P. DahlstromIII M Copy: Bruce Malkerson, Malkerson Gilliland Martin LLP Steve Johnston, Landform Mike Gaffion, City of Orono End: Terry Dahlstrom Background Jdm Hessler Background Orono Project Maiuigement Letter from Don Solie, US Bank Letter from Maxfield Research MaryC. Bujold Background ----------------^ c CITY of ORONO Municipal Offices StrNtMdrus: 2750 Kelley Parkway Orono. MN 55356 Maltini Mdrass: P.O. Box 66 Crystal Bay. MN 55323 0066 Mr. Terry Dahlstrom Dahlstrom Development LLC 7745 Polaris Lane Maple Grove, MN 55311 Dear Mr. Dahlstrom: Before the concept review phase of the Orono Village development proposal can be completed, two issues need to be addressed. The first is the feasibility of the development proposal, and the capability of the developer to successfully complete the development. The second is the housing affordability issue. The adequate review of these issues will require additional review time by the The City needs to have a level of comfort and assurance regarding the developer’s ability to successfully complete and service the project. As part of providing this assurance, please provide the following information: -A list of other projects, particularly those of a scale similar to the Orono Village proposal, that you have successfully developed. Please include the following information regarding these developments; -The number and types of units -The timeframe for total build-out -The financing used, and the financial institutions that provided the financing -A list of financial institutions with which you have existing banking relationships -How is this project to be financed? -What financing commitments are in place for this project? -Provide a pro-forma for the project showing its financial feasibility -Provide a market study showing the market feasibility of the project, particularly for the "lofi ” units. -Provide information regarding the organization and staff that is in place to service the homeowners both during the construction phase and during the warranty period. The issue that was first raised at the August 12 Council meeting, and was reinforced by the filing Triephone (952) 24M600 • rai(952)24M4li A of a lawsuit against the City of Eagan and the Metropolitan Council, is the housing affoidability issue. In response to this new information, it is necessary for the City to proceed with due diligence to ensure it properly reviews the housing affordability issue. Although Mr. Hassler indicated you have a housing affordability consultant, he did not identify any specific plans or efforts for mairing any units affordable. It is important that you determine whether a number of the loft units could be made affordable by reducing the size and limiting internal amenities, in conjunction with financial assistance that may be available through your consultant ’s efforts. It is also important that you determine udiether a number of the two-story townhouse units could be substantially reduced in cost by reducing the size, limiting internal amenities, and leaving substantial living spaces unfinished (i.e. the second floor). The City needs to review the housing affordability issue, both from a city-wide perspective and as it relates to this site, in light of the Eagan lawsuit, to determine whether it is necessary to add an affordability component to your development concept. This process will take us beyond the August 26,2002 Council meeting, which requires an extension of the 60 day limit. Your willingness to provide an extension through the September 23,2002 Council meeting would enable a reasonable time line for the City to complete its review. Please provide a letter at your earliest convenience regarding the extension of the review time line. Ronald J. Moorse City Administrator cc Steve Johnston Bruce Malkerson Orono Plaza Partnership a Complete Date: Deadline: 7/12/02 11/08/02 CO/ AUQ 2 <5 2002REQUEST FOR COUNCIL ACTION qty Department Approval: DATE: Name: Wendy Bottenberg ITEM NO.: ( Title: Zoning Administrator Agenda Section: Zoning Item Description: #02-2803 Jeff Martineau on behalf of Cherry Stubbs 2920 Fox Street Preliminary Subdivision Exhibits: A B C D Resolution Site Plan City Engineer Comments (August 2,2002) Planning Report (July !0,2002) Application: The applicants have applied for a Preliminary Plat for a two-lot subdivision of an 7.75 acre site located on Fox Street. The property is located in the 2 acre zone and will create one new building site. The 2-!ot subdivision is a front/back split, hence the back lot meets the 150% (3-acre) area requirement. Both lots meet or exceed the standards of the Zoning and Subdivision Codes for such a division. The existing residence on Lot 2 will remain on the lot and septic testing has been completed and approved for both lots. The back lot is provided access off Fox Street via Outlot A. Variances Required: Residence: The existing residence on Lot 2 requires a variance to meet required setbacks from Outlot A. The residence is located 30 ’ from Outlot A where 50* is required. The residence, garage and four sheds will remain on the lot until at some point it is redeveloped. Garage: The existing garage is proposed to be kept on Lot 2 with the residence. It is located approximately 16 ’ from Outlot A. An accessory structure of this size (1,152 s.f.) is required to be 50 ’ from Outlot A. Accessory structures: The total square footage of the garage and four other accessory structures is 3,765 s.f. Property of 2.54 acres is allowed a maximum 2,400 s.f. for accessory structures and only one of the structures can be oversized. Two of the outbuildings are oversized at 1,152 s.f. (garage) and 1,680 (shed). When Lot 2 is redeveloped the accessory buildings shall be removed. Four additional out buildings on Lot 1, Lot 2 and Outlot A will be removed prior to final plat approval. Exhibit A indicates which out buildings will remain and which will be removed. PLANNING COMMISSION RECOMMENDATION: On July IS, 2002 the Planning Conunission voted 7 to 0 on a notion to leconmend preliminaiy approval for the two-lot subdivision. STAFF RECOMMENDATION: Staff reconunends approval of the prelinunary plat and variances for residence and out buildings on Lot 2 subject to the conditions of the attached resolution. COUNCIL ACTION REQUESTED: Motion to adopt or amend the enclosed resolution. IShihMftniiafMinifhi A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A TWO LOT SUBDIVISION OF PROPERTY LOCATED AT 2920 FOX STREET PID 04-117-23-31-0008 FILE NO. 02-2803 WHEREAS, Jeff Martineau on behalf of Chenry Stubbs, (hereinafter "the subdivider") on June 19,2002, filed an application with the City of Orono (hereinafter "the City") requesting subdivision of property located at 2920 Fox Street within the City of Orono and leg^ly described as follows: Lot 24, Auditor’s Subdivision No. 230, Hennepin County, Miimesota (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 Plaiming Commission held a public hearing on July IS, 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 August 26, 2002 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: FINDINGS 1.The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. 3. The property contains a total of 7.75 acres of land. Lots 1 and 2 each meet the minimum size requirements for lots in the RR-IB zoning district. Lot 1 meets the 3-acre minimum area requirement for a back lot per zoning code Section 11.31 Subd. S. Page 1 of 7 1 4.Both lots have been found to have adequate and suitable soils and approved sites for on-site septic treatment facilities. 5.Driveway access for Lot 1 is via Outlot A with an opening from Fox Street. Lot 2 has a separate opening from Fox Street. 6.A single family residence can be constructed on Lot 1 without the need for further variances. 7.The existing residence on Lot 2 requires a setback variance to Outlot A. The residence is located 30’ where SO’ is required. 8.Four accessory structures on Lot 2 will be removed prior to final plat approval. The buildings to be removed are indicated on Exhibit A. 9.A garage, shed and three other accessory buildings are non-conforming requiring setback and oversized accessory building variances. The accessory structures will be removed when the Lot 2 is redeveloped. 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 Jeff Martineau on behalf of Cherry Stubbs per preliminary plat drawings by Mark Gronberg, Land Surveyor, Coffin & Gronberg, Inc., Land Surveyors dated 6/28/02, revised 8-8-2002, subject to the following conditions: 1.Subdivider shall pay the standard Park Dedication Fee and Stormwater Trunk Fees per City ordinance for one additional building lot. 2.Dedication of drainage and utility easements S' along interior lines and 1 O' along the perimeter boundaries. Prior to residential construction on Lot 1, all preliminary and alternate septic sites must be fenced off prior to any construction activities. 4.The City will grant the necessary variaiKcs to allow the existing house and non- conforming accessory buildings to remain on Lot 2 until it is redeveloped at which Page 2 of 7 -------- ‘J 5. 6. 7. 8. time they shall be removed. The accessory buildings on Lot 2 shown in Exhibit A as “to be removed ” shall be removed prior to final plat approval. Outlot A is intended merely as a corridor for driveway serving Lot I and shall contain no primary or accessory structures. Subdivider shall execute a private driveway maintenance agreement for Lots 1 and 2. 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 find plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. 9. The lots are subject to the following standards, per the requirements of the zoning subdivision ordinance relating to front/back lot subdivisions: Lot 2 2 acres Front/Rear Setback - 50’ Side Setback (East) - 30 ’ Side Adj. to Outlot A - 50’ Loti 3 acre minimum Front/Rear Setback - 75 ’ Side Setbacks - 45’ Final Plat Submittab: The following list of final submittals must be submitted to the Zoning Administrator two w'eeks 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 survey by Coffin & Gronberg, Inc. dated August 8,2002, on file with the City of Orono. B. Dedication of drainage and utility easements 10' wide along the exterior Page 3 of 7 boundaries of property and 5' along the internal lot lines, per the attached drawing. C. Flowage and Conservation easements shall be granted over the wetlands on Lot 1 and Lot 2 and shall be shown as “drainage easements ” on the final plat drawing. D. Naming of plat. 2. Legal documents required: 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. c. Subdivider shall execute a Conservation and Flowage Easement over all areas shown as “drainage easement ” on the plat. 3. Fees to be paid. a. Final plat fee = $200.00 b. Legal review and filing fees for subdivision and associated documents $200 00 c.♦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 not to exceed $5,550 per lot. d.Stormwater and Drainage Trunk Fee: amount is determined by number of acres being developed (7.75) X $2,700 per acre = $20.925 . Page 4 of 7 t'nTm ■niTfnnii iru in i n ivii frtnuttn n ■m Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 26th day of August, 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 26th day of August, 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. i Notary Public } STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of August, 2002 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 7 iL—-------— 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 fiee act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN before me. On this__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 fiee act and deed. Notary Public Page 6 q£ 7 I Exhibit A PRKUUINARY PUT FOR CHERRY STUBBS OF LOT 24. AUDITOR'S SUBDIVISION NO. HENNEPIN COUNTY. MINNESOTA i V 1 SCALC FCCT O pn I OmI« IB to raMMtf 1 L22lr*A';'=^!w t _ I vs-:«:nr iT*^'krr.rr. r Pag* 7 of 7 d ^:o3 J/U Bonestroo KjS Rosene &SAncferlik& ^ \ Associates Engineers & Architects •ofi«ftro0« Romim, Afietrllk and Atiociattf. Inc. If an Afflrmailva Actlon/Ieual Opportunity imployor and f inpl^a Owntd Prlnclpalt: Otto G tortcstroo. PC. • Marvin L Sorvala. PC • Glenn R. Cook. PC. • Robert G Schunlcht PC. • Jerry A. Rourdon. PE. August 2.2002 Senior Coniulianti: Robert W. Rotene. PC. • Joseph C Anderiik. PC. • Richard C. Ibrrser. PC • Susan M. CberNn. C PA. Aifoclate Prlnclpalt: Keith A Gordoa PC. • Robert R Pfefferie. PC. • Richard W. Poster. PC. • David O Loikota. PC • Mark A. Hanson. PC. • Michael T. Mmnmmn. PC. • Ikd K. Pteid. PC. • Kenneth P Anderson. PC. • Mark R Rolfs. PC • David A lonestroo. MSA* Sidney P WilUamson. PC. LS • Apnes M. Rinp. M ■ A. • Allan Rick Schmidt. PC. > Thomas W. Petersoa PC. • James R. Malartd, PC • Miles B Jensen. PC. • L Phillip Gravel Nf. PC. • Daniel J. Cdgerton. PX > Ismael Martmci. PC • Thomas A Syfko. PC • Sheldon j Johnson • Dale A Grove. PE. • Thomas A Roushar. PE • Robert J. Devcry. Pt Offices: St. Paul. St Cloud. Rochester end Wiiimar. MN • Milwaukee. Wi • Chicago. IL Vl^bille: wwwborteitroo com Paul Weinberger Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 li .) t.i’l Re: Cherry Stubbs Subdivision File No. 139-02-000 Plat No. 02-2S03 Dear Paul: We have reviewed the preliminary plat for the CheiTy Stubbs lot subdivision. The si»c is ioc-ticd west of Old Crystal Bay Road along the north side of Fox Street (C R. 84) in the southwest quarter of Section 4. We have the following comments with regards to engineering matters: • The proposed subdivision will create f.vo lots and one outlot. Access to the northerly lot will be across Outlot A. It appears the driveway to serve the northerly parcel can be constructed a: a grade of less than 3% and is acceptable. The existing sherls will need to ue removetj prior to driveway construction. • It is unclear where the south lot line of the southerly parcel is. The plat should provide for a minimum of 50 feel of right-of-way for Fox Street. • Plans should be submitted to Hennepin County for their review and approval. • .A 10-foot drainage and utility easement should be provided along Fox Stieei . Fi ve-foot w i.ie drainage and utility easements should be provided along ull interior lot lines. Drainage and utility easements should be provided across all wetlands and drainage ways. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOC:iATES. INC. Tom Kellogg Cc: Greg Gappa. City of Orono 233S West Highway 3« • St. Paul. MN 5SI13 • 4SI-636-4MO • Fax: 6S^43«-13tl fsit m0m,m .. TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Wendy Bottenberg, Zoning Administrator DATE:July 10,2002 SUBJECT: #02-2803 JefFMartineau on behalf of Cherry Stubbs 2920 Fox Street Preliminary Plat Review Lot Area: 7.75 acres (S.8S Dry Buildable) List of Exhibits: A B C D E Application Property Owners Notification List Plat Map Lot Layout Septic Review and Comments Application: Cherry Stubbs is the owner of the property proposed for subdivision. Jeff Martineau on behalf of Ms. Stubbs has applied for a preliminary plat of property located at 2920 Fox Street. The property is a 7.75 acre property to be divided to create one new building site (Lot 1), and driveway for back lot (Outlot A). The existing driveway off Fox Street will still be used by the house on the front lot. The lots are proposed as follows: Lot 1 = 4.82 acres (3.10 acres dry contiguous) Lot 2 ® 2.54 acres (2.31 acres dry contiguous) Outlot A = 0.25 acre (Driveway Outlot) 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 1), because the property does not have direct access to a road, must meet a minimum of 150% of the minimum lot standard in the zoning district, in this case Lot 1 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. IV02-2803 Maitineau/Stubbs 2920 Fox Street Class II Subd.-Prelim PUt July 11.2002 Page 1 /5 i Back lots are required to have a drivew-uy access a minimum of 30’ in width. Outlot A meets the 30' requirement. Wetlands: The surveyed area noted above reflects the recent wetland delineation. The wetland at the north end of the property is City protected. The smaller wetland nearer the center of the property is not City protected but is subject to WCA regulations. No wetland impacts are proposed. Septic Review: Matt Bolterman, On-Site Systems Manager, has reviewed the septic sites and has determined both the primary and alternate drainfield sites meet all City and State standards. The site evaluations were completed by S-P Testing, Inc. The existing septic located on Lot 2 is a non-conforming system and needs to be replaced by 2010. If Lot 2 is redeveloped, the new septic sites have been reviewed and it has been determined that both the primary and alternate drainJfield sites meet all City and State standards. Yard Requirements: Required setbacks for Lots I and 2: Lot 2 (Front Lot)Front 50' Side 30' Rear SO' Side adjacent to Outlot A 50' Loti Front 75' Side 45' Rear 75' (Back Lot) Both lots meet all requirements for subdivision without the need for area, width or setback variances. Residence on Lot 2: The existing residence on Lot 2 does not meet the side yard setback from Outlot A. The setback from Outlot A is 50 . The residence is located approximately 30’ which requires a variance. At this point it hM not l^n determined^f the^tructure will remain or be removed. The survey does indicate a Many other outbuildings exist on the property, many of which would become non-conformine Applicant should address the intent for these buildings. #02‘2m Maitineau/Stubbs 2920 Fox Street Class II Subd.-Prelim Plat July 11,2002 Page 2 Outlet A: Outlet A is created as an access outlet for a private driveway to serve Lot 1. Access outlets aie required to be a minimum of 30* wide to acconunodate drainage, snow removal and screening without encroaching on neighboring properties. Outlet A is 30’ wide meeting the 30’ requirement. TraUs: The subdivision proposal will go to the Park Conunission on July 29,2002. Greg Gappa, Public Works Director, reviewed this proposed subdivision and concluded a trail is not platuied along Fox Street, even though the Comprehensive Plan does show a trail along Fox Street as part of the trail systeitfplan. City Engineer Comments: Tom Kellogg, City Engineer, has been sent this proposed subdivision. The plans for the subdivision were not received in our office until July 2,2002, so at the time this report was written comments had not yet been received from him. If there are issues or concerns by the engineer they will have to be woriced out prior to going forward to the City Council. Easements and Covenants: 1. Standard drainage and utility easements shall be dedicated on the final plat 10’ along the westerly exterior property line. Ten-foot drainage and utility easements along the south and west boundaries. A drainage and utility easement S’ either side of the boundary between Outlot A and Lot 2 shall be granted. 2. The delineated wetlands in the north quadrant and southeast quadrant of Lot 1 and northeast quadrant of Lot 2 shall be subject to a protective covenant filed in the chain of title of the affected property, as an advisory to property owner and future owners that said wetland is subject to WCA regulation and/or U.S. Army Corps of Engineers jurisdiction. 3. Covenants shall be filed on the chain of title for each lot as an advisory to future property owners that a primary and secondary drainfield site exist on the property and are protected. Staff Recommendation: Staff recommends approval of the preliminary plat subject to the following: 1. Creation of drainage and utility easements as noted above. 2.Conservation and Flowage Easements to reflect delineated wetland boundaries of the Orono-protected wetlands. ilK)2-2803 Martineau/Stubbs 2920 Fox Street Class U Subd-Prelim Plat July 11,2002 Page} \ Such recommendation is based on the following conditions: 1.All prelimin^ grading and driveway plans shall be approved by the City Engineer prioi to placing this application on the City Council agenda for preliminary plat approval. 2.Review of the proposed access location for Outlot A by Hennepin County is required prior to City Council approval of the preliminary plat. 3.Standard drainage and utility easements shall be dedicated on the final plat over all wetlands, wetland mitigation areas, 5' along all interior property lines and 10* alone all exterior property lines. * 4. Final Plat application shall include all requited application fees, including payment of park dedication fees of 8% of the land value prior to subdivision, not to exceed $5,300 per lot and stormwater fee of $21,540 based on $2700 per acre Planning Commission Options for Action: 1. 2. 3. 4. To approve. A rMommendation of approval shall be subject to the conditions noted above. A recommendation of approval will place this item on next available Council agenda. To deny, stating reasons. To table. Other Action. #02*2103 Martineau/Stubbs 2920 Fox Street Clast II Subd-Prelim Plat July 11,2002 Page 4 Application# O 3 Date Received A 1 1 Amount Paid ^ gfi 6 CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address 2^7 a /rv»v SrJtrrr Property Identification Number (PID) -J/- aoa Please check one - Property v abstra t or ____torrens? Attach legal description to application. APPLICANT Name •Address f 3-r'Phone (home) Zip jS02**hone (work)9<T2. Q7^ ~S 0 OWNER (if different than applicant) Name C STuAo. i Address T-r>^ CTgetgT City / t .tur^___________ (attach list if mo/e than one) ^ ^one (home) &eig Zip ^xSS^one (work) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District PROPOSAL 5T fS ± Acres Dry Land Acres Wet Land 7»75* ^ Acres Total, all parcels 'X. Residential; no. of units Other (specify)______ JUja ______ Division for Tax Purposes -------------- Lot Line Rearrangement Only (no new building sites) ^ Subdivision for New Building Sites Number of Building Sites / Existing Units ^ New Units y Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per 7.75 Acres f y.t'LC Sq. Ft. Dry Buildable Land "tC Residential ______Other (specify)_________ ,; mm 0A7€ §k/i7/n iATCN SIS HENNEPIN COUNTY PSOPENTY INFORMATION SYSTEM PROPERTY (MINERS LIST REPORT NO. PXA3SAI1 PACE IS PROP ADOR OMNER NAME TAXPAYER NAME/AOOR 3S tA-ll7-2S 2A MI7 lists SUSSEX LA J R CANPSELL ESN CAMPSELL JON R • SUSAN P. CAMPSELL 2tM CREEK LA MINNETONKA NN SSSI5 SS IA-117-2S 31 nil ISA2S OLD CRYSTAL BAY RD MSP LANTON OR NXLLXAN G LANTON S2S SO OLD CRYSTAL SAY RD LONG LAKE MN S53S4 3S IA-117-23 31 1112 SM35 OLD CRYSTAL SAY K J S D C KREUTER KURT J S DONNA«C KREUTER ASS OLD CRYSTAL SAY RD S LONG LAKE MN 553SS RD S PROP ADDS OWNER NAME SS IA-117-2S 31 1113 SISIS OLD CRYSTAL SAY RD S D V S N HARNANN SS 14-117-23 31 1114 •IS3S OLD CRYSTAi SAY RO S ROBERT S BRANSON ETAL SS 14-117-23 31 ms 12921 FOX ST CrtERRY C STUBBS TAXPAYER NAME/ADDR DAVID I MONA NARMANN SIS OLD CRYSTAL BAY RD S LONG LAKE MN SS3SS ROBERT S BRANSON 535 S OLD CRYSTAL BAY RD LONG LAKE MN 55354 • CHERRY C STUBBS 2920 FOX ST LONG LAKE MN 55354 • PROP ADOR OWNER NAME TAXPAYER MAm/Aom • 8S 14-117-23 31 Sill mss OLD CRYSTAL BAY RO S J D FARMER I P J FARMER JONATHAN D FORMER SSS OLD CRYSTAL BAY RD S LONG LAKE MN SSSSS • • 3S S4-117-23 31 Sill I2SSI FOX ST LESTER E THOMPSON ET AL LESTER E THOMPSON 2SSI FOX ST RT 1 BOX 325T LONG LAKE MN 55354 • 3S 14-117-23 31 1112 II44I SUSSEX LA D D MEYER I K W MEYER DARON D i KERRY W MEYER 441 SUSSEX LA LONG LAKE MN 55354 • PROP ADOR OWNER NAME TAXPAYER NAME/ADDR SS 14-117-23 31 Ills SI4SI SUSSEX LA N G KERRISON t D J KERRISON MICHAEL 1 DAWN KERRISON 4SI SUSSEX U LONG LAKE MN SS35S • 3S 14-117-23 31 1114 ■299t • SUSSEX RD . WENDY LEIGH PETERSON TRUSTEE DONALD C i WENDY PETERSON 2991 SUSSEX RO . LOm LAKE MN 55354 3S 14-117-23 31 1115 I29SS SUSSEX RD WENDY LEXGN PETERSON TRUSTEE DONALD C S WENDY PETERSON 2991 SUSSEX RO LONG LAKE MN 55354 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR • SS 14-117-23 34 1114 I2SI1 FOX ST DANIEL J KLUTH DANIEL J KLUTN 2SII FOX ST ORQNO MN S535S SS 14-117-23 34 1117 12915 FOX ST MARK F EN6EBRETS0N ET AL MARK S CAROL ENGESRETSON 2915 FOX ST LONG LAKE MN 55354 3S 14-117-23 34 1111 13190 FARVXEW LA R K t S P SCHMIDT ROBERT K i SARAN P SCHNXOT 3090 FARVXEW LA LONG LAKE MN 55354 PROP ADDS OWNER NAME TAKPAYER MANB/ABm SS S4-117-23 34 1112 S3ISS FARVXEW U J W PARKER t S C PARKER JONN W S DONNIE C PARKER SSSS FARVnW U S LONS LAKE NN SS3S4 f . t • • TOTAL lATCH SM ttUA • • . • COo itiTAi il County Taxpayer Services DjBpj| LUC6 UNE TRAIL B * •ai»<nr --------SB _____1 O/- / /7- 03Parcel Information 08 '« • ■•••■ ”.:p^ * •' • * ••••'arcd ID 04117233K Houm Number 2920 StrMt Nam# FOX ST ;: 7N$kiKt»l»gsfyneoid»dmtfi.Mf9pf9$m>l$9ecmfiBttioRoflRRimiik • • "*/ and dMi from Oty. OounQr, antf SIM <Oftf MtfwrWM «r>tf o0Mf MUTM P ( 4 i 0^0 GITYoT ORONO MBOkflMl omccs 5 Strait Mdmt: 2750 KiUiy PMkway Oram. MN 55356 IMhiMiran: MN S5323 C066 TO: . FROM: DATE: Wendy Bottenbe^g Matt Boltennan, On-Site Systems Manager July 12.2002 SUBJECT: Septic Review for 2920 Fox Street, 2-lot split Both lots are designed for new mound septic systems by Steve Schrimers. The existing house that will be abandoned has two new mound locations designed. Both lots are designed for 5 bedrooms and have an alternate and primary location that meet all Orono and State Septic Code. I recommend the application be approved in regards to septic concerns the 2 lot subdivision. 1UfplioiM(953)a4MC00 • Ita(9S2)24M61i Application Deadline: 7/10/02 60 Day Deadline: 9/06/02 2 « 2002 REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator DATE: ^ ITEM NO. 9> Agenda Section; Zoning Item Description: #02-2811 Daniel and Ruth Parten 1015 Tonkawa Road Variance Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 90,990 s.f. (2.089 acre) Lbt of Exhibits: A Resolution B Staff Report and exhibits of 8/19/02 Application Summary: The applicants have requested an average lakeshore setback variance to make changes to the lakeside of their residence. These changes arc depicted in Planning Commission Report Exhibit D and as follows: 1. Existing deck will be turned into a room. 2. Railing added for architectural look, not deck. 3. Existing deck will be removed. 4. Deck to be constructed on the level next to new room addition. Average Lakeshore Setback: A portion of the residence and the existing second level deck are currently within the average lakeshore setback zone. The existing topography, the layout of the neighboring houses and existing vegetation screening all suggest that the proposed addition and replacement of deck will not be within the visibility of either neighboring property and will not encroach on any existing view of the lake. Hardcovcr/Siructural Lot Coverage: The room addition and revised decks are over/under existing hardcover and structure that was part of the original building permit approved in 1983 Therefore the improvements are not changing the amount of hardcover in the setback zone or lot coverage by structures on the lot. Existing 75-250 ’ hardcover is estimated by staff at 15-20%, lot coverage by structures is about 4 'AVo including the additions. The house is about 190' from the nearest shoreline. Section 10.22, Subdivision 1 (i. V Average Lakeshore Setback: No principal or accessory structure shall be closer to the Ituceshore than the avenge distance from the shoreline of existing residence buildings on adjacent lots. Variance Requested: To encroach 18 feet into the average lakeshore setback. PLANNING COMMISSION: Planning Commission recommended by a 6 to 0 vote to: i ' . "A To iqppiove application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. laasSi ------ • $ A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B), FILE NO. 02-2811 WHEREAS, Daniel Parten and Ruth Parten, husband and wife, (hereinafter “the applicants") arc the owners of the property located at 1015 Tonkawa Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 1, Carlwood, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow encroachment of 18 feet into the average lakeshorc setback to construct an addition and deck to the lake side of the existing residence. W'HEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plaiming Conunission held a public hearing on August 19,2002, 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 ll.e City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File f^02-2811. The property is located in the LR-IB Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately 90,990 s.f. (2.089 acres). 3.The Orono Planning Conunission reviewed this application on August 19,2002 and recommended approval of the proposed variance based upon the following findings: A. Neighbors views of the lake will not be negatively impacted by the addition. B. Hardcover in the 7S-2S0* setback zone will not change, nor will lot coverage 1 of5 i 4. by structures. 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. 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 w elfare 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 10.22, Subdivision 1 (B) to allow encroachment of 18 feet into the average lakeshorc setback to constnict an addition and deck to the lake side of the existing residence. Approval is subj'*ct to the following conditions: 5. 1. 2. 3. 4. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require fiirthei Planning Commission and City Council review. 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 pemiit witnin one year of the date of Council approval, or these variances will expire on that date (August 26,2003). 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 authority granted herein, and shall be punishable as a misdemeanor. 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. 2 of5 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 26th day of August, 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 26th day of August, 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 August, 2002 by Linda S. Vee, City Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary PubUc 3of5 STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me. day of.,2002.jwrsonally 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 before me. On this __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/she/they executed the same as his/her/their free act and deed. . .. RE/K ELEVATION 5c«:i/i"-r-o'* ___r .UMiHi Ml tlliTWtt—*- --■—" —**■■^---"• f -H % •• \/ ^ a TO:Cluur Smith and Orono Planning Commission Members Ron Moorsc. City Administrator FROM: Wendy Bottenberg. Zoning Administiator/Planner DATE:August S, 2002 SUBJECT: #02-2811 Daniel and Ruth Parten 1015 Tonkawa Road Variance — Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residenti^ Disnict (1 acre) 56,846 s.f. (.1.31 acre) Exhibits: A B C D E F G Application Survey Survey compilation showing Average Lakeshore Setback Building Plans/Photo of Residence showing changes Plat Map Property Owners List Photos of Property Pertinent Ordinance: 1. Section 10.22, Subdivision 1 (B): Average Lakeshore Setback: No principal or accessory structure shall be closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. Variance Requested: To encroach 18 feet into the average lakeshore setback. Application Summary: The applicants have requested an average lakeshore setback variance to make changes to the lakeside of their residence. These changes are depicted in Exhibit D and as follows: 1. Existing deck will be turned into a room. 2. Deck constructed above newly constructed room. 3. Existing deck will be removed. 4. Deck to be constructed on the level next to new room addition. Average Lakeshore Setback: A portion of the residence and the existing second level deck are currently within the average lakeshore setback zone. The existing topography, the layout of the neighboring houses and existing vegetation screening all suggest that the proposed addition and replacement of deck will not be within the visibility of either neighboring property and will not encroach on any existing view of the lake. #02*2S1I Daniel/Ruth Parten 101S Tonkawa Road 8/S/2002 Page 1 • # , • , Hardcover/Stnictural Lot Coverage: The room addition and chimoJno . h^ver Md «nicture ll« »« of the Therefore the improvements are not chaq^ the amount of hardcov^ in th* * . * ccv«i*e^slnictiire$OTthelot Existiiig75-2S0-haidcovetisMliiMiedby>ttff Statement of Hardship: The wliiamtas included their statement ofhaidsliiB in Exhibit A- .j . be asked fcr their testinionyiegniding this issuT^^ Tltenpplicant should also Issues for Consideration: 1. Are any neighbors' views of the lake negatively impacted by the addition? 2jTTh^ side of the jxopet^ is heavily wooded, therefore neighbors views will not be *e *“ ^ ■»> '>«" «y «KBtionsto 4. Hardcover on the property will not change. 5. Lot coverage by structures will not change. 6. Other issues raised by the Planning Commissioa Staff Recommendation: Staff recommends approval of the average lakeshore setback variance. *02.2811 Daniel4luih Piiten lots Tooakwa Road 8/5/2002 Pife2 .jaufc. \ r • L, A CITY OF ORONO • VARIANCE i^LICATJON Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original a; olication) Variance for non-conforming s juctures $250.00 After-the-Fact Fees (Double application fee) Application » ^2-2 6 // Date Received 7-to -oz, Amount Paid 2.S0*^ O i__7 lOPERTY INFOI^TTpN « I , , , Site Address /OI ^ /onk^u/3 Lo^a Property Identification Number (P.U>.X ^ Attach legtd description Xoz^^c^ion if not included on required survey. (Surt^ey c*» Date Property Acq*ilred. I (do not) also own the adjacent parcels of land. Pr^nt use of property: ^residentiiJ ___other (specify). Zoning District:_______________________________ .(month/year) APPLICANT . ^ „ I Name ^ I Address: 101^City: Phone (home) Phone (work) */ty»7£> Zip: OWNER (if different than applicant) Name _____ Phone (home). Phone (work). Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Oliyis4tJG/x>sn ot^ madditii(attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Setback:__Front Side Hardcover ___Lot Coverage _ Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS jurre^cny Hied aa ^'r wl<_________^ ta:J • t required submittals 7 Completed AppUcaUon Fonn mm oltS’C iSrSe^Ljf '*“■•. '“W. «d pi., <y.„ Su.lili^ k»v^i y calculations as teiguiro). In addifion'”M»id*''”'^”^ luudcover ra rr^^siuvcy (cslaun. and ^ ^ 5 Zse4# IT*!,"' **"•”“**■ “ *”«>“* 'I'ration views^firo^L*"^ * ’ *" *>r "producdon. ^ ^property. TWs wuld includenamlrfslo?^;^ talcrcst in As an addendum to this application, piias^ « y K“ T xf wiS '“' Of “y o*«r«• liS. Addmonal Item, a, may he applic ^T's signature Atainktramr. ^gitt^ ,?^y SSal'fell (fXtm "no’fd an^or consultant expenses incuned in rev Iro^rri ‘7""' fc* PaJ™^ utfonnatton supplied is du^ co„^ cenifies'’^ J Applicant's Signature OWNER'S SIGNATURE — Sb^"“fP'Ppa^'by cf“su^'SiSl!^' «elt"aJ^‘! leasonablemembers for putposes and CouncU Owner's Signature ^ Date T/Si^7^_ Applicant must have all submittals into th^ r*. «- ^ Commssion Meeting. Planning Commission ^ thePlanning month. Applicants must be present at all ,rh.du,e7r each Commbslon and Council. If an applicant is unable m 17^*a “•?*“** ***e Planning mate arrangements to have an authorized agent attend in v * scheduled meeting, please * Zoning Office of flus change prio^to 2^^ “ X>» P>^ and u, «l,i,c y ; * «efj *< - i\‘ • %:••-. • ; I y V ,/^ ' V h ■•/. ‘ * .*■”7” >■'J u V JL J A; V. O Dtneici iron mont/meni ftS^.o) Denoios etisiitM ^ewfion “• Otnoito proposei devaiion Penoiti so^oao dntlne^ \\»*1v VTAVU.r \954.0\ Pressed gomgt -floor dev. ^ fWfc.ol proposed bosemrnh floor dev. ^ ,rtO$* CflSe ffle"I"^ / •\T: <jp **** aCITY OF OROHO ttUILOlWO^RMIT • raiMnrNa_DXTE, V.J's,. ' §i 4KSSH0RE & R B G U L A T i 0 M'"S o; ci-jo crc.iM^.wcH r*F;OHiBn;f^ EX:AVA‘irjN’. PilUfiG. G^UCirj DllEDGINC;. dDNSTr»i»CTi:Z ‘S^^V0^K\ i % % ^ I n APPROVED AS SUBMITTED ___ ]& APPROVED WITH CORRECTIONS AS NOTED □ NOT APPROVED — CORRECT A RESUBMIT These eetwifiewU ire for your MormaUan. M wortt *>m# be« In fu» cowpnanw e«h M awillcrtile jiAdlift * ?;lHg.M<e qttiremenfs Ineludlnc ilMM iMl epeellleiilf mM la llili n^ KEEP THIS PLAN SET ON SITE AT AU. TIMES. f SP.WITG AV:£ rK*OUIRtD, Yr.; iry• iiiV I %I I 1 SiH' HiN Pm ft of AruY W/TlAr^ DOCKS. SEAWALLS. Rl / I '/ *K-# r Ppo O r-A *.f 'bu^ ^'*1 ^ D .**A ®i: , CITY L SITE PUN Vilf RONO QRAOINQ PLAN 0 APPROVED- ^ Pti^H □ APPROVED WjW REVISIONS 0 DISAPPRQWJ?^^ ?a/7 L ^SO"p- '^enf ftifc / iS?o,IDEIIVIttTIH IF P .3 i‘^’3- l954.pl (946.0 LA KSSHOl BGU ci'jo on: CAVATIDJ TEDGINO. ClDNSTlUr: D Wl I It. sl « % I I V/.HiN Pm F ‘ F '5P.W1TS / DOCKS, S /I^ \ ^CITY OF OFOTaO jq.tW4Q PERMIT yPVA;^ REVIE y ^uuiirtta.------ IkPPROtfEO AS SUBMirTED r APPROVED >«iTM CORRECTIONS AS NOTED NOT APPROVED — CORRECT A RESUBMJT He cptnnwm» are for your hrtomiallan. M y**pP*^* hn cenmaatice taWi *■ appi caMa A Wfle| wO irwMfita incMIat Mama not tpadlleaRr mM la iMa ra« KEEP THIS PLAN SET ON SITE AT AllTllfESL ^4/./ T^\0 iJOj \ O Dcnoics inn monymeni etisfit^ ^evaiion DwoleA pnposej ^levoii'on Penoitt ^urfoc& dnintye. Kara \954.0\ Proposed gorogt -floor dev. 1946.0 1 proposed boscmrnf- -ffoor dev. D 4KSSH0RE & J R a G U L A T i 0 M' 01' C!*JO CriDINANCH rT;0HIBn;3 EXCAVATION’. r-iU-lfTO. GI-UP TEDGINO. 3NStni»CiT!C.Xi5»<^ I'xlJ Wl* M5*4 I-T GHORatlt^ V/.' HIN :^G FT OF AWY WATIAIM F EP.MITS ARE VicOUlRtp DOCKS. SEAWALLS. o' ,e .5'0 /^CITY OF ORO*NO iUH.OIf40_raRMIT Pl^;^ REVIE r.Afrr ^■^IZ'^^i f ^WMtrWft. _L n APPROVED AS SUBMIITEO jSr APPROVED WITH CORRECTIONS AS NOTED □ NOT APPROVED-> CORRECT A RESUBMIT Tltese commanla ara for your Momiatloii. M work tlyff be ( In f iDI cemiiaance wWi as appNeaMa MMag A ZDiioi caVa qulraments Including Mem net epadOealy naiad in iMa r» KEEP THIS PLAN SET ON SITE AT AU TIMES. ^5 / ORONO _ GRADING PUN )cCK /\rvp PetLCH REVISIONS // / '-^5) ^ 37 "ou^ •?tlO mdpio m/o sa, dsU IDEMTIFICATIIIW OF PBEMISES REQIBKlt-------------------- - - Approved Addresses Shall Be Displayed, Plainly Visible And Legible From The Street Fronting The Property QRONOCIIPr C5i -rJHansenrhorpR Pel&. nc. r4>AMiiiHio - LaimS Smvtvo«t •- S»lc PUrwifffi #•!•••• M.i. iMii II.II.I. I .tfNi ri4riK mn rit7m:)4 rtim •/Ml • III Aiyr A# f . Ifiiiifiiiiiiifi, MN L!#:i|yO Miifill/ l/IIU I • • I liiMuliy coflily tfiat xUls iiifvoy, r>f^pfifed hy mv ni iimli^r my ciifivf mi |hi visioii, is a irijc .iih J corrcci rrprcsi*nl.ition of lfi»» boiinfj.irirs uf Ihi? .ifivi.-** tJe^ribiKj Irinil .irul of Ihi? toaition of. nil buil<liiii|*a. if iiiiy n*»:f .iff visililr •firiondifhimts. if .my, from 6r on cilif l.imf nml flwit I .i#ti ;i thh/ rpqisfefcti l«mci t4irv».'yrjr uni!»*f of Miiioirsni.i !!iritiitrs ?*r«*f;it«Mi lu 3?H ir>. • i.no" ./^P *.i, /.^d. ^ V" T - T ' 1 I.'?... \ /I I / / / \ / / V \ / \ \ \ \ I \I \ \ \ \ *\ \ N \ I \ 7* X \ \ < «•* y \ \ \ 'Va. 'll* / I* \ \ / / / / / / / /'■ tj* -I I /-- ■ ' ^ ^ . .. • .\ *4 • *^ • • • . • 4 / • c.*> ■* ^ •"■••• ■•' ■'* / / • W 4 ^ 9 • a’ I / / I / / / / // G ///II I I OF LOT 2, BLOCK 1, CARU ______________ ^4^iiA.i-r\/ l^illJ^m Wi 1-W ■ *-f - -»----------- HENNEPIN COUNTY, MINNESOTA \ *<u I 1 • • • 9 • • •#•• J • • • • •- • . • •..* •..♦ • • ILv* ..i—— \ V A/. n ' u>- -i • '-^ii SI.-S V v^. |jl<r»Or*»»* -* 5CALC: l/4"-l'-0“ ^y. i. i'.-- 1> '*' '■ %'-^l’' K^' • ' ??-?^ • /'. ,:->,-f.,;e^ ^ -V •: >-'' r!CT^'c- Vt i •<* 'ti^ * ■- ♦/ ' ■'^^>‘t' • ■ ••f^' c•' *'■t ^ -» 5E55 fe.;- '^y. w%w^ jjg •‘V -i mmpli ^i^Z^^MsmsAi^T-^- • "> ■ nV’ ' ■ " ' lMi[-iUlj»Nfiil^^^M - . I I_%'<-. 1 - i;' *:^r. - *:'iv v; •' ••'/■ . t* ■-;^i ■mi. '^c ^. •**,:?? -s^ ;/ A V •>V r*-' V -<■ V© Ik ^ennepin County Taxpay^ervlces Dftpgrt»»ont Parcel Information Parcel ID 0811723240002 House Number 1018 Street Name TONKAWA RD A ■ •« iUN MTf •7/*2/tX •ATCN «M NOMCMN OWNTV fMftm XNPanunON $VSTCM rmramr owns list TAXPAVn NMi/MOO so M«ll7>as IS OMI •OSOO TONUIM m L 0 MM • n A BOM UMMNCt ■ NABSLVM DOM 4SSS NOOiinON UM U CANADA CA «011 MOD ADOP ONNiD NANS TAXPAVIN NAM/ABM SO M>117-SS IS im •lOAS TONKAMA DS N I MOifV IDA WIOIIV niCNAft N I lAltAIA A NMUV IMS TOIKAMA ID iONO LAKE MN SSSS4 own NAME TAXPAVED . NAHK/ADM SO N-117-SS IS Otis •IISO TONKAMA ID D S EWWNDS I D X EDMUNDS DODEDT S t DIMA X ISHUNDS lost TONKAMA M OMNO NN SSSU TAXPAVED NANE/ADM SO M'117'SS to OOOS OIOSS TONKAMA M CMXSTOPNKD 4 SNITN ET AL CMXSTOfNID J SNXTN NASV T NBVACNECK-mXTN loss TONKAMA DD LONO LAKE NN SSSSA PDOP ADDD own NANI TAXPAVED NANE/ADON TOTAL BATCH SIA OMlt SO 00>117*SS IS OOOS 00970 TONKAMA M DON DOOTN DAVID I NAKXLYN DOOTN 970 TONKAMA KD LONO LAKE MN SSSSA SO OO-IIT-SS IS OOlS OIMO TONKAMA KB M N I L N DUNTON MDSLON N MIX10N P 0 BOX tSO LONO LAKE NN SSSSA SB 0B>II7>SS SI MIA 0090S TONKAMA KD OABDIEL E OABOXEL I SI UNXVEDSXTV AVE N I NPLS NN SSOIS • SO M*II7-SS SO MM OIOSS ’ TONKAMA DD DADBADA A MIOLIV DADBADA A MIOLIV lOU TONKAMA ID. LONO LAKE MN SSSSA #2811 DEPODT NO. raOSSOOl PAM SS SO M’llP’SS IS OOOS 01000 TONKAMA KB N J NOPPNAN ETAL KAVNONO J NOPPNAN 1000 TOWtAMA KD LONO LAKE NN SSSSA SO 00*ll7-tS U 0010 OlOSO TONKAMA DO MUOLAS J MILLXANS OOUBLAS J MILLXANS lOSO TONKAMA KD LONO LAKE NN SSSSA SB 0B-II7-SS SO OOOS OlOIS TONKAMA KD DANIEL C I KUTN N PADTEN DANIEL C 0 RUTN N PADTEN lOlS TONKAMA M LONG LAKE NN SSSSA' SO 00>II7-SS SO OOOS lOOSO ADDRESS WUSSIBNED DANIEL 0 RUTN PADTEN DANIEL 0 RUTN PADTEN lOU TONKAMA DO SSSSA . * • .* • * •- . • « T\ / o>'i ■UH BATf •7/f2/«2 MTCN IM , • «««"™ “'7IJpJ55*5J[gg^™ SYSTEM ,ll*J '"'""7^ ''■‘'•Tx • •• ^l •- *>. W • ••».J ■ .•=f '4^:^ his, Rcnwr m. ra«sMn PARE 23 . “> -X 1 * • X CetTXfY THAT THt FACTS SCPIlCSEIfTCO Alffi AM ACCWatv aim rmm . *5 DATS *^ I riiiirihTiii, utaniiipaan nrf'iwi ii .'W«P^WS»S»» ^3^ c ;c /6 f^\( ^S,7 ?■ .^ •■ ’•'"1'i ''^ <■• •■ J *^r v-’l ^:i mrnf * ^ Vw>*w • •• '^. w'-' : ••»- -** >sK' jSa/'-yf^•1 ^%i'/^'*i '5'v [:• “* r:-r^# n , ;ji r*^ . m . ^ fTi*r ^>iit., i'. V'. I i r- ?. Ji *i!i Ik & iV.t 1Mm .•. 9 ■,'* »i ■ / ii ■ !;• V i fV; t‘ ; '. V; V •*.•'■ uif/': rj- m ^ ^-yzfX^ : r Wr.Jf-w ^ r' i Sa#4fW*‘3«?^?P»5r :j . V-:m ^ ;^4:te-’'V V 1 r*..i *. • I .. -V ^ *- ' «• ^ .'^ t'.^’ SM' -. I 1^1# 1 &.;/;.>D ^l:4 fk: I'-' G /C45 Tc Hc cVv. y,UA-.y-i WB' < •- A fete ‘ -J^^' %• if’-‘j,• ■ .'.^ m -5 N rL*t >-* ~ - ffe: %f' * - „V I*X ,'>• S#»a ill ~r^la ^7i I ; V '••r - # «»• %, • 4^ f •• .r c:3 %N I ■ *‘^ • .X:- '^*1 •• > 11 < f The residence and driveway are located in the 75-250* setback zone. Hardcover in this setback zone is: Currently • 6,113 s.f. (28.8%). Proposed - 5,099.8 s.f. (24.02%) (driveway and other removals) Allowed • 5308.5 s.f. (25%). This leaves 208.7 s.f of hardcover available in this setback zone. Because there is room for additional hardcover and Walters Port Lane is a narrow private road, the applicant will use the additional hardcover for a backup apron on the property. Neighboring Property: The property with the largest impact from the |m)posed addition is the last property/residence on Walters Port Lane, 2709 Walters Port Lane. The property owners, Bill and Susan Dunkley, did call and state they fully support the proposal. They do not have issues with the proposed location of the garage or ^veway. PLANNING COMMISSION: Plaiuiing Commission recommended by a 5 to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. iin nitiifAiiii ■ Ml III mliitAnari m A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10SUBDIVISION 5 (B), FILE NO. 02-2814 WHEREAS, William Keegan and Sandra Keegan, husband and wife, (hereinafter "the applicants") are the owners of the property located at 2707 Walters Port Lane within the City of Orono (hereinafter "uie City") and legally described as follows: Lot 3, Block 3, Walters Port, Hennepin County, Minnesota, (hereinafter "the property”); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to allow a side adjacent street setback of 10 ’ to construct an attached three stall garage where a 3S ’ setback 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 August 19,2002, 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. 2. This application was reviewed as Zoning File #02-2814. The property is located in the LR-IB Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately 24,953 s.f. (.573 acres). 3.The Orono Planning Commission reviewed this application on August 19,2002 and recommended approval of the proposed variance ^ed upon the following findings: A. fhe existing residence was built in 1969, prior to current zoning standards. B. The neighbor most affected fully supports the proposed attached garage. 1 ofS FUfririi • w»w^»rrirt ■ I iT¥rri mTsrs i?‘r«r«nr^w WiIilMr.TiirPMF :r«r« r«nfre hiir«r«rairo^:Tiii^ nt:o i i t M,] M,! •]iT« urt • Will*^RiTTi¥iTW5l •Wf'.TiTfP.l ■•/•]•lU ^ 11» J ^V/Ol i r« ■ •] loiiiv^urti LM r« humivfii um<ii I OOliUlw'fiff ^ViT¥F.1 [ITi ■ II (•JiJOl^l KltTTOT* IT wmrrii WiW'.Tirii tiirii fT*«^.TIF1. t LlliiXJtlilfSllI^ (»J #'• 1 ITiii RI one year of the date of Council approval, or these variances will expire on that date (August 26,2003). 3.Violation of or non«conipliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned 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 26th day of August, 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 26th day of August, 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 3of5 i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of August, 2002 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me, day of ,2002,j)ersonally 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 before me, On this__day of .2002,jiersonally appeared who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/aflirmation 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 •C »• •• • •• •• • ••no u c* ■ • ..i i 94ST.7 OM Copy; l^r 3 , BLOCJTZ, \s/ALrEes P«KT cnroFORONO jL. site plan :___GRADINQPIAN 0APPROVEO na. □ APPROVED WITH REVISIONS □ OISAPI SY lUTg / &yite£> MJtjf. /(. Jf9S <%JU Armu*<tf A po< i4-c. IUmA«stAc& O > IRON MON. SET□ > WOOD STAKE PLACED B.M* • BEAniNQS.ON PnOPOSCO INFORMATION ------------1.1 FLOOR ElEV. UL.- r,7rk PtAtnc - IRON MON. INPLACE BASEMENT ELEV. OARAGE FLOOR ELEV. TOP BLOCK ELEV. DRAINAGE 000.0 - EXIST. ELEV. (o00.o}> PROPOSED ELEV. JjJ J-EXIST. A PROP. ELEV. \ SCHOBORQ lA n D SURVEYING7^ •Mrov.iM. laM I hartby earilly lhal this plan, aurvay or raperi was- prapsrad by mt or undar my diraet suparvislon and lhal I am a duly Ragislarad L^rjd Survayor u^dar lha laws ol lha Slala el Mlnnasola iiarao L^no survayor uooar ina laws oi ina suii JOB* ^ 48£/ Book • Psga Seals Data; OcT^ (7 AaglatralloiiNo. 14700 y ^ \ A k- i *1 TO:Chair Smith and Orono Planning Commission Membera Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:August 13,2002 SUBJECT: #02-2814 William and Sandra Keegan 2707 Walters Port Lane Variance •• Public Hearing LR-IB One Family Lakeshore Residential District (1 acre) 24,953 s.f. (.573 acres) Zoning District: Lot Area: Exhibits: A Application Hardship/Description of Property Conditions Survey/Site Plan Permit firom 2000 Elevations Hardcover Calculations Plat Map Property Owners List Photos of Property B C D E F G H I Pertinent Code Section: 1. Section 10.24, Subdivision 5 (B): Side Yard Adjacent Street Setback: Minimum side adjacent street yard setback in the LR-IB zoning district is 35*. Variance Requested: To permit addition to be 10’ from side street property line. Application Summary: The applicant has requested a side adjacent street setback variance to construct an attached garage. The three stall attached garage, 960.5 s.f., will be on the south side of the residence. The present garage is diffrcult to access and use because of its location. It will be tirmed into storage space and the existing driveway removed. A new driveway will be coirstnicted on the south end of the property. Discussion: In 2000 the applicant applied for a building permit to construct a three stall attached garage. The plans were submitted to the city for review and at that time, Lyle Oman, Building Official issued a building permit. (See Exhibit C). The applicant did not build the garage and the building permit expired. In 2002 the applicant submitted the same plans to obtain another building permit, llus time the side yard adjacent street was flagged as needing a variance. (IK)2-28I4 William/Sudy Keegan 2707 Walters Port Lane 1/13/2002 Page! The proiwsed garage is to be constructed on the south end of the residence rather than addins to the existug garage because of the following reasons: • The present garage location is 10’ fiom the property line, • At the property line, the land drops six feet to the neighboring property. • There is a retaining wall at the property line because of the change in topography. The tMidence and driveway ate located in the 75-250' setback zone. Hardcover in thu .~»^f |- zone IS! Currently - 6,113 s.f. (28.8%). Proposed - 5,099.8 s.f. (24.02%) (driveway and other removals) Allowed - 5308.5 s.f. (25%). This leavM 208.7 s.f of hardcover available in this setback zone. Because there is room for additional ^cover and Waters Port Lane is a nanow private road. Planning Commission should explore if some of the existing driveway be left or a turn around be constructed with the new dnve (approximately 10’ x 10’) to allow for additional parking. Neighborhood: *!?***"k * ‘S inegularly shaped and has road on two distoct. There are five properties on Walter Port Lane. All five have had variances granted for * setbacks and/or to allow additional hardcover on the property. 2702 Walters Port Lane 3 season porch - rear setback of 8’ where 30’ is required bathroom addition - rear setback of 10’ where 30’ is required walkway - rear setback of 18’ where 30’ is required screen porch over existing deck - front setback of 34’ where 35’ is required 2703 Walters Port Lane Lot width/area to build residence 2705 Walters Port Lane Hardcover in 0-75’ • denied Hardcover in 75-250’ - deck and drainage 2709 Walters Port Lane Entry way/porch/deck - structure within 75’ of lakeshore CUP - retaining walls within 75’ of lakeshore 402-2SI4 William/Sandy Keegan 2707 Wallen Port Lane 1/13/2002 Page2 * I 2710 Walters Port Lane Patio • Hardcover in 0-75 ’ Residence/deck - Hardcover in 75-250* Ncl^boring Property: The property with the largest impact of the proposed addition is the last property/residence on Walters Port Lane, 2709 Walters Port Lane. The property owners, Bill and Susan Dunkley, did call and state they fully support the proposal. They do not have issues with the location of the garage. Statement of Hardship: The applicant has included their statement of hardship in Exhibit B. The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The existing residence was built in 1969, prior to current zoning standards. 2. The proposed attached garage affects one neighbor. That neighbor has contacted City staff and verbally stated they fully support the proposed project. 3. The property is connected to sewer. 4. If the street ended at the property line with a long drive for the last house, the proposed garage would only need a 10 ’ setback. 5. The topography of the property by the existing garage is such that an additional stall cannot be added on. 6. Lot coverage by structures is not an issue with this application. It is currently 9.07 % and will increase to 13.6%. 7. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the front yard setbr<*k variance to construct an attached garage. Walters Port Lane is a narrow street with not much room for parking. The proposed new driveway is not overly large to accommodate guests. This property is towards the eixl of die #02-2114 Wiiliam/Sandy KcegM 2707 Wahm Port Lane 1/13/2002 Pait3 atinl i '1 1 iiniiii iiiiiiTiririir irfiutian _4 SyiMgy»neiito«|Hwiio«ofi|»triaii^jri»ewaybeillowedloienudnnr.i..n...^..wik. xUedlotenewdn^y. AWMdiunmoundislO ’XIO'-lOOif. WaUmPonL^iT narrow pnvate road that does not have a lot of room for guests to paric. <N»-2tl4 WilUim/SaadyKcctu 2707 Wshtn Port Lane I/I3/2002 Paia4 JL • I CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non*confonning structures $250.00 After-the-Fact Fees (Double application fee) Appllcrtloo « OX-JXl^ Date Received Amount Paid PROPERTY INFORMATION Site Address a7Q7 Innfc Property Identification Number (P.I.d3 ai- -mdil______.'"f . ^“--y- »TAttach legal description to application if not included on required survey. Dpte Propel^ Acquired OS/q^ I (do) (go n<^ also own the adjacent parcels of land. Present use of property: X residential ___pother (specify) Zoning District:____________ ,(month/year) APPLICANT Name U)i AddressPj^^ji^^JB^BuS OWNER (if different than applicant) Name___ Phone (home) nr9A/ Bane (wit) <15J. j-»- - City:—O mko _________Zip:_jS533j_ Address:City:, Phone (home). Phone (work)_ Zip: D^CRIPTION OF REQUEST Estimated Construction Cost $ Z l S rtrt VARIANCES REQUIRED ___Lot Area ___Lot Width (attach additional sheets if necessary) Setback: ___ Front Side Hardcover Rear ,Lot Coverage Other (specify) Average Lakeriiore HARDSMIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue h^hip or practical difficulty m unusual prop^ conditions preventing compliance with Zoning Code requirements; LgQo> atiafVio.|T _____________ (attach additional sheets if necessary) llffHiilMMirtlil 4 1 • • • I HARDSmP/DESCRIPTlON OF UNUSUAL PROPERTY CONDITIONS Our lot is an irregularly shaped piece of properQr in a neighborhood of five houses serWced by a private road. The city does not own nor maintain the road. All costs of paving, repair and snow removal are paid by the owners of these five properties. This is a dead-end road and our home is at the dead-end of the road along with one other home. The road runs along one side of the first three of the homes on the street, but runs along two sides of our property as it turns to meet up with the end of the driveway of the last home on the road. Ours is the only home where the road runs along two sides of our property. This combined with the &ct that the lots are srruUl and ours is an irregular sh^ie makes it impossible to build a much-needed garage and still comply with all of the set^k requirements. We need the garage because we have had to pafic our vehicles outside for the five years that we have occupied this home. This is not only a great inconvenience especially in the winter, but the neighboriiood would look better without our driveway always full of cars. The home does have a tuck-under garage but we have not been able to use it for two primary reasons. The first reason is that the garage faces the north side of our property and at the nearest comer is only ten feet from the property line. At the property line, there is a retaining wall and a six-foot drop-off down to the neighbors yard and home. It is virtually impossible to get a car into one stall and very difficult to get into the other stall without risking going over the wall and crashing into the neighb s home. Tlus dangerous situation in itself has caused us not to use the garage, but in addition to this problem we need a garage for storage. We have no basement on our home and therefore no storage area for things such the lawn mower, snow blower, bikes, tools and seasonal items. We have been storing these under a deck area, but this is an eyesore for our neighbors as well as for us and also is a problem with squirrels and chipmunks. The proposed garage would give us a safe place to park our vehicles out of the elements and would give us the storage space that we need. The variance requested affects no one other than one neighbor and us. This neighbor does not have a problem with the variance that we are requesting. #2814 t eJ •C fin -0•X ,x-. yrr >o O /I BUILDING PERMIT SURVEY wtii Bi/,L ___________ ORONO^Pr Ltr 3, BLocJCi,, \JsfALTS6S POHT CinOFORONO jL. SITEPIAN^__.GRADMOnAN 0APPROV6O □ APPROVED VmH REVJSKMS □ OISAPI •Y lUTC %-\.QO MMJf. M. f99S ArmcH€^ wm***>T A p«<C l4.C. • J O • IRON MON. SET□ • WOOD STAKE t*LACEO B.IM. • BEARINGS.ON PROPOSED INFORMATION Itl FLOOR ELEV. BASEMENT ELEV. • DRAINAGE * IRON MON. INPLACE ASSUMED DATUM luirli />tMric OARAGE FLOOR ELEV. TOP BLOCK ELEV.. .0 - EXIST. ELEV. (o00.o)* PROPOSED ELEV. EXIST. S PROP. ELEV. \ SCHOBOnO lAnP &URVEYINQ 7) fflO I htrtBy eartUy Uiai iMa plan, aurvay or raport was. praparad by ma or undar my dirael aupoorfsion and dial I am a duly Raglsiorad Lpi^ Survoyor up|dar Uia laws of Ilia Slala of Mlnnasola iiarod kpno survoyor uooar if Data: OcTi ^ , / xt V RogistrallonNo. 14700 JOBS ^ ■Mll.flfl. 40-37 •aalo 7 ‘=30 CITY OF ORONO 2750 Kelley Parkway - PO Box 66 Crystal Bay. Minnesota 55323 (612) 249-461 PERMIT Permit Number: Permit Type: Date Issued: P02757 Acccssoiy Stnictum 8/11/200 1 SITE ADDRESS:2707 Walters Port U EXCELSIOR. MNSS331 PID: 2M17-23-23-0044 DESCRIPTION: Proposed Use: Pennic Class: Permit Type: Building Accessory Structures UBC Occupancy R3 Construction Type VN Census Code 438 Permit Sub*type(s): Garage/Attached DETAILS: An»roved per resolution Separate permits required:Electrical (state) NOTICES/REMARKS: FEE SUMMARY:Permit Fee:S 39US Valuation: S 25.000.00 State Surcharge Fee: $ |2J0 TOTAL FEE:$ 6S8.03 APPLICANT:WILLIAM KEEGAN 2707 WALTERS PORT LANE EXCELSIOR, MN 55331 OWNER:WJ&SJKEEGAN 2707 WALTERS PORT LA EXCELSIOR MN 5533 1 THE tNDERSlONED HEREBY Pagel Total Fee: $ OfUf.aS Entered By: Date Received: 7/ 3/-Q O Pfennit#: CITY OF ORONO - BUILDING PERMIT APPUCAHON AH information must be submitted in full before plan review will be started. (please print all irtformation) 's the APPUCANT IS: (circle one) (^DWNE^R CONTRACTOR JOBSITC ADDRESS: StlOl U>q|-t^K ftvf/_vi.7.IP: _SS3J ! NAME OF OWNER: Uj/7l/a>h I^Sgwdm K"fgC|Qyv PHONE: (home) ^7h7%) \ 7\ ^ (work) ______ MAILING ADDRESS: UJo)-Krj CITY: £tcct)s lor TIP: 5S33! CONTRACTOR: CONTACT PERSON: PHONE: MAILING ADDRESS: STATE LICENSE: # MOBILE/PAGER; CITY:ZIP: ARCHITECT/ENGINEER: MAILING ADDRESS:___ NAME: PHONE: CITY:ZIP: REGISTRATION# •nTEOFWORK: New Move Addition y Remodel/Alteration Accessory Structure Land Alteration PROPOSED WORK (describe in detail): niA crffarh^d111! STORIES: I SQ. FEET OF EACH FLOOR: NO. OF BEDROOMS:GARAGE STALLS: ATT. 2^ DET. ESTIMATED CONSTRUCTION VALUATION (excluding land): $ SS.tSOQ I hereby apply for a budding permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of die Ci^ and with the State Building Code; that I understand this is not a permit and woric is to start widimit a permit; and that the work will be in accordance with the approved plan. APPLICANT'S SIGNATURE : — DATE: j/s/Z^OOt NOTEI Forodi of Hiunu events require separate pirmit ap^val fy FaUee Department and City Council 60 days prior to the event. Nan-permitted events wiU not be allowed. L. ■ ■ . ; .vy>,;v,..;:fi^;.^0, ^ • ,* ' ' "i J -^3 V: 'i** jL^y-TT\ ic L'.. IMik mMmMNm 5^l/4"*l'-0" i1in «• ro"•i ■ir^ I^ • lx ' —.............-t--.—A*.:ilirt UlitlfUrniiHhBi ii'iTtMlittlMm^ii aaiA ■iAMibila FKsrnaxPL Ais .. .. ... - -------- - HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-7S*250-S00' EMSTIMG HAR A. House H IN ZONE At*4 a4.j X X X WIMi e»A 4 a, B. Qm|c C. Driveway X X D. Sidewalk X X E. Pado/Dcck X X F. Landscape Underlain By Plastic X X X O. A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ♦ B 13«| X 100 ____________ + B __________ X 100 PROPOSED HARl A. House :r in zone Lcafth Width X X X B. Gartge C. Driveway X X D. Sidewalk X X E. PaUo^k X X F. Landscape Underlain By Plastic X X X Q. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Ailff.l ♦ B At X 100 SOO-li 970.49 S.F. —S2A((L__S.F. IlhLO S.F. _________SJ. 4^ 4/0 rJP/lJja ’JGTi •H.5 mi m 4^/ #2 a 14 S.F. ST. ST. S.F, S.F. ST. ST. __________S.F. _________ S.F. S.F. ST. S.F. % A kH'- B 29. S.F. S.F. ST. ST. S.F. ^ S.F. S.F. ST. ST. S.F. S.F. ST. ST. ST. ST. ST. A ST. B % Hehliepin County Taxpayer Services DetMiitment • « ,y#«. “T - / Infomiatlon Pare«l ID 2111723231 Housa Numbar 2707 Straat Nama WALTERS PORT LA mMknot9hga»yneotdtdmtfi.linfinmil$a€emfi»allon9HnllBmmllen entf dWi itam QtK Gauaty. entfaMUMtf euMorfMsenrfeiMrj i w mm SATE •7/11/12 iATCN SiA NEMIEPIN COUNTY mOfEETV INTOmUTlON SYSTEN PROfEiTY OMNERS LIST REPORT NO. PXASMOl PAM IS OWKR NAME TARPAYER NAM/ABM M 2t-117-2S IS IMP •2Sf7 RIUY AVR PREPERRED RUUOEn INC 6ENE NART26NETTX 2497 MUY AVE ERCELilOR m SSSSl SE a-117-2S 23 9942 92793 NALTERS PORT LA RXLLIAN H REESE JR E RXFE RXLLXAN N REESE JR 2793 WALTERS PORT LANE ERCEUXOR m SSSSl SS a-117-23 23 9943 9279S NALTERS PORT LA ROOERT J OONEXENICZ ET AL R SONRXEWXCZ I L SONRXEWXCZ 279S WALTERS PORT U ERCELSXOR NN SSSSl TAXPAYER NANE/AOOR SO a-117-2S 23 9944 •2797 WALTERS PORT U W J A S J MEOAN WXUXAN J i SANDRA J kSEOAN 2797 NALTERS PORT LA EXMLSXOR NN SSSSl SO 21-117*23 23 994S •2799 WALTERS PORT U W N A S K DUNKLEY WILLXAN N i SUSAN K DUNRUY 2799 WALTERS PORT LANE EXCELSIOR NN SSSSl SO 21-117-23 23 9944 0 E NAOERNAN SNR NAOERtlAN 2719 PENCE U EXCELSIOR NN SSSSl ONNU NANI TAXPAYER NANE/AOOR SO 21-117-23 23 9940 09930 AOiRESS UNASSXONED ENVIRONNENTAL PLANNXNO INC ENVXRONNENTAL PLANNXNO XNC 4SS9 IDS CENTU NPU NN SS492 SO 21-117-23 23 9949 99930 ADDRESS UNASSXONEDLu rrti,. 2»99 MLLV AVC CXCiLUM.nN SSSSl SS 21>117>ZS 2S ••SI •271S PENCC U 0 E HASESIMN INS HASf MMI 0 E HASEMUN S N ■ NASEmAN 271A PENCE LA EXCELSIOR HN SSSSl O) U a-U7>2S S2 •••7 •271S PENCE U t J SVNNR SSL STERN TAXPAYER STEVEN SNVRCR/SNCRRTL STERN NMI/ABM 271S PENCE U EXCEUIOR Ml SSSSl CQ TOTAL SATCN SC4 •••!• X CERTIPV THAT TNE FACTS REPRESCNTE0 ARC AN ACCURATE AND TRUE RCPRESCNTATXaN OP INPORNATION AS XT APPEARS TNXS RATE ON TNE T«^ff OF TNE NENNEPXN COUNTY OEPARTNENT OF PROPERTY TARATXON« V P« DOT OF NY RNONLEiOE AND SCLXEP. SATE 7-12^ ••I r. m / A ' ll-A -iyJiirliPlik^ •■ « » »,J 4 ./ <. /:: / • * ?.y 'J ■ i\. . , . •.. . C y.: : ^ ^ J.^ / J '---:i:^ I ’ w'^ '. .r-.v;-’, ^ r» '7- ♦* #'- ‘.4 •.* r "itf " “"45T&* 't ^ i w y . .i-*.' ' J J ' / * > T ^ j- r.--: - "T -=^> (-W lit I • V-. ■ '• —ir fl : ■- ,^L.- i ^ % ^irv. VJj »•#-•.. 1 ^rr • .•-i ■-T •? ^'■S ^ fe>^ H--, ;:7* *?.:lr/■;r‘‘' , r.l ;i. m:%tPfz ]■: 4 >?f:, ,.^ -"'^' li.i.i iiili •-j I I , . f S^Wi-ti^arD ^ (; %■:. .•.■:.^V;r:. -h/'?■.%>^'-Vv ' -‘' ,.7. ^' • .'r-V '*;'/■( *. -»*<» ' '• ‘ <•■- , • •‘.•' '. ■. *•• ’. .( V.;> *. - >• >^r rz/ *> ' Application Deadline: 8/07/02 60 Day Deadline: 10/04/02 tar. REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy ^ttenberg Title: Zoning Administrator CITV Oh 2002 DATE: ITEM NO. / o Agenda Section: Zoning Item Description:#02-2816 Orono Montessori 3800 Wayzata Boulevard Conditional Use Permit SConing District: RR-IB One Family Rural Residential District (2 acre) Lot Area: 1.64 acres List of Exhibits: A Resolution B StaffReport and exhibits of 8/19/02 Application Summary: The applicant is requesting a conditional use permit to operate a Montessori School/Day Care Center for 60 children in a building that was previously approved for 60 children and 10 day care providers. The previous day care ceased operation in October 2001 and a new conditional use permit is required. The Orono Montessori School/Day Care Center was located in the lower level of St. Edward ’s Church until it recently burned do\^n. The applicant has indicated they will have 7 members on staff. The ages of the stu^nts will range from 16 months to 6 years. The ratio of children to workers is based on the number of children and their ages. The ratios are set by the Department of Human Services (DHS) and are regulated by the state licensing process. The hours of operation for the facility will be between 7 a.m. and 6:00 p.m. PL.4NNING COMMISSION: Planning Conunission recommended by a S to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. I i i ‘ : ' - ^ I mriTi nan nn n iri—JJ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A), FILE NO. 02-2816 WHEREAS, Michael Kuruvilla of Orono Montessori School, (hereinafter "the applicant") has applied to the city for a day care at the property owned by Clifford L. Otten located at 3800 Wayzata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: Those parts of Lots 11,12, and 13, “Minnetonka Garden Acres”, according to the record^ plat thereof, lying southerly of the centerline of Hennepin County State Aid Highway No. 6 Plat S, as delineated in Book 70, Page 3844152 of Hennepin County Records. Also the north '/> of adjoining old County Road No. 6 now vacated, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a day care center for 60 children, ages 16 months to 6 years per Municipal Zoning Code Section 10.28, Subdivision 3 (A). 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 August 19,2002, 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. This application was reviewed as Zoning File #02-2816. 2.The property is located in the RR-IB Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.64 acres. 3. The Orono Planning Commission reviewed this application on August 19, 2002 lof4 Lu and reconunended approval of the proposed conditional use permit by a 5 to 0 vote. 4.The City Council fmds that granting a conditional use permit to permit a day care center for 60 children, ages 16 months to 6 years will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning “Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City Staff, comments of the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDEil, AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit a day care center to serve 60 children, subject to the following conditions: 1. This facility shall have a maximum capacity of 60 children. 2. The facility shall obtain a child care facility license from the Department of Human Services. 3.The hours of operation shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday. 4.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 (August 26,2003). 5.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 2 of 4 i HitliltiilVWli 6. The undersigned applicant and authorized agent of Orono Montessori School and owner of the property 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 26th day of August, 2002. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Applicant (s) Property Owner (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of August, 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 3of4 i The foregoing instrument was acknowledged before me on this_______day of August 2002 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me, daycf .,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 before me. On this__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 4 of 4 dMii lirytiiiiniiii wiaWMn TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE:August 5,2002 SUBJECT:#02-2816 3800 Wayzata Blvd. Conditional Use Permit — Public Hearing Zoning District: Lot Area: RR-IB One Family Residential District (2 acre) 1.64 acres Exhibits:A B C D E F G H I J Application Site Plan/Floor Plan Resolution #4244 Sign City Council Minutes - July 22,2002 Highway 12 Map Septic Report Permit Record Plat Map Property Owners List Application:The applicant is requesting a conditional use permit to operate a Montessori School/Day Care Center for 60 children in a building that was previously approved for 60 children and 10 day care providers. The previous day care ceased operation in October 2001 and a new conditional use permit is required. The Orono Montessori School/Day Center was located in the lower level of St. Edward’s Church until it recently burned down. The applicant has indicated they will have 7 members on staff. The ages of the students will range from 16 months to 6 years. The ratio of children to workers is based on the number of children and their ages. The ratios are set by the Department of Human Services (DHS) and are regulated by the state licensing process. The hours of operation for the facility will be be^veen 7 a.m. and 6:00 p.m. Pertinent Ordinances: • RR-IB District Standards, Section 10.28 • Conditional Use, Section 10.09 • Special Provisions-Signage, Section 10.61 Orono Monttssorl 3800 Wcyzata Btvd PC 8/19/02 Poit I <^3 7 Cily Council Discussion: During the Public Comments section of the July 22,2002 City Council meeting, Mr. Kuruvilla of Orono Montessori School came before the City Council in order to discuss relocating the school to 3800 Wayzata Boulevard. After St. Edward’s Church burned the school moved temporarily until July 31, 2002 to Wayzata Community Church. The property at 3800 Wayzata Boulevard is available, has been used as a child care facility in the past, and Orono Montessori would like to move in. However, since more than 6 months had passed since Little Acorns preschool occupied the building, a new conditional use permit is required. Mr. Kuruvilla asked that the City Council waive the lengthy pai^rwork in order for them to move in on August 1,2002. The City Council did not waive the application process, but did grant a temporary conditional use permit for the purpose of opening the Orono Montessori School pending approval of the formal process, with the imderstanding that if the City Council determines not to grant the permit the temporary' use may be revoked. ^ Analysis: Day care facilities are allowed in rural residential districts as a conditional use. Day care facilities are licensed by the Minnesota Department of Human Services (DHS). The zoning application addresses how the facility will operate as a land use and DHS licensing addresses the stafTme levels and care of the children in the facility. The issues to ^ addressed in the conditional use permit application are access, parking, landscaping, signage, and hours of operation. The conditional use permit may also limit the num^r of persons using the facility to correlate with the size of the septic system and control the off-site impact on adjacent residential properties and traffic. It is anticipated that this building will be removed \^en construction begins on Hwy. 12. Access The subject property has a driveway and curb cut on Hwy. 6. No access is available from Hwy. 12. Parking The site plan indicates that there are 18 parking spaces with 1 designated as a handicapped accessible space. There are also 2 parking spaces available in the garage. The Zoning code requires that 4 parking spaces be provided for each 500 square feet in excess of 1,000 square foot of fttwr space in the principal structure. The structure measures 50 ’ x 63’ (3,150 s.f.) according to buildmg plans on file. The parking requirement for the size of the facility is 17.2 spaces- where 21 spaces are provided. The site plan meets the required parking requirement Orono Montessori 3800 IVqysata Bhd PC 8/19/02 Page 2 qf 3 i diiaMBMiitiaiaitt » s Landscaping The previous day care fecility was required to have a fence around the play area and the fencing on Hwy 12. * 1 along Sigoags The lot may have an identification sign that shall not exceed 12 square feet in area per surface. The sign cannot be located on public right-of-way and shall not exceed 8* in height above the average grade level. The sign may be illuminated by flood lights if the direct source of light is not visible from the public right-of-way or adjacent residential areas. The applicant has submitted a sign ^^ch is 3* X 6 ’. It is designed to fit into the existing wood frame on the Highway 12 side of the property. The wood frame is from prior uses of the building. Sign permits were issued in 1979,1980,1984 and 1993. A variance has never been granted for a larger than 12 s.f. sign however the wood frame will hold a sign of 18 s.f. Orono Montessori will be in the building on a semi-temporary basis. Therefore, staff is not concerned with the size of the sign and a variance is not requested as it is considered as pre-existing. Hours of Operation Orono Montessori School will operate from 7 AM to 6 PM Monday thru Friday. Septic The subject property is serviced by an on-site septic system. On-Site Systems Manager, Matt Bolterman, has reviewed the existing septic system and has no concerns regarding the proposed use of the property. Staff Recommendation: To approve the conditional use permit subject to the following conditions: 1.The number of enrol lees shall be limited to a maximum of 60 persons at one time. The number oi staff allowed shall correlate to the number required by DHS for the age and number of enrollees. 2. The applicant is to obtain a license from DHS. Orono Monttuori 3800 Weyzato Btvd PC 8/19/02 Pagt3o/3 •• • A AppBMfion U Date Received jr-7»o^ Amount Paid ■^aso-OQ on OF ORONO - GENERAL LAND USE APPLICATION • - • • # •• PROPERTY LOCATION . . ^ : r Zf9/ceL^ Site Address 3> ^ O ' UT> Type of Application to be Filed Gs>j^7>,tT}arsrr^i 7- Propeity Identification Number (P.I.D.) APPLICANT y Phone (home ) ^S<3i ~ Name /KOjc viLtM-/_ __________________________ Phone (work )_ 9 c'~ Address c3.<7/? 7vg^/^a T^. City /X/y^9s/9T^ Zip / OWNER (if different than applicant) Name />=•>= (^7^ErJ Address City Phone Ou>ine). Phone (work)_ Zip Date Property Acquired I (do) (do not) also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use >C $250.00 Institutional (church, school, etc.) __$225.00 Guest House/Guest Apartments __$200.00 Duplex Credit/Bldg __$325.00 Commercial/Industriai Use __$250.00 Land Alteration • • • ____ Grading and filling - designated wetland or floodplain ____ Grading and fillmg - 501 cu. yd. or more Grading, , seawall, retaming walls within 75* of lakeshore . PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current 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 #2816 2. 3, 4. V \ •• required submittals 1- . Completed AppUcatioa Fonn. . Descritw lequ^ in detail. Cer^^ Ownen List of owners within 350*. labels and nl«t / 2f5S!.1r , of Survey (signed by a Ucensed surveyor). refer <o ^ Attach leg^ ^ption to sppUcation if not included on tdqdi^-i,^‘ .' • ch£^ to elS S '•" “«'ve construe^ plsn, if appUcabie — ^u't^n'^ti^eJ uTtlir^li^ld^ “> FOR u" X m s^S'riir.riir.&^esx.'ar"*" *■»- "f Cie^''s;Sf • 5. 6. 7. 8. 9. APPLICANT'S SIGNATURE ^e appliemt hereby agrees to provide all information required or requested bv the Zonino . A^strator agrees to pay addiUonai fees (staff time not covered bASi fee andfor unusuai expenses incuned to review of this applicatioa and certiL. rh^ii • suppiied is true mni coreect to the best of hisdier ^ Applicanfs signature Date ■9'/-', OWNER'S SIGNATURE / ^b:rfoni£SS^S?i^ Owner’s signature_______________________________Date PtaSnlni Commissim w Comml«loa Mectiag. scheduled review meetings of the Planning Commission mi ct^LlL 1^** ^ *’***®“ " *“scheduled meeting, please make airaniemew to have a« ^ “ •Ppitcmtt b unable to atieod a Building A Zoohfg Office of t^s^gT^Sr a. ie •*«« «U«d b your place mid mlvise dte . f . *•' A*i I • • • ••#S816 • I- •t •M. • .• . •• IJ 1#If 1 li 1/ __/: L5■■■■mm L.’(T!=3e l»-3; 4 • »L Jl I rllhTia[1i^fll■l^^lfcililllll il^ii iii r\\ c UM CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 4 A RESOLUnON GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FELE#2460 WHEREAS, Kristin Jacques of Little Acorn Day Care Center, (hereinafter *the applicant”) has applied to the CiQr for a day care at the proper^ owned by Clifford L. Otten located at 3800 Wayzata Boulevard within the City of Orono (hereinafter "City ”) and legally described as: Those parts of Lots 11, 12, and 13, "MINNETONKA GARDEN ACRES”, accordiog to the recorded plat thereof, lying southerly of the centerline of Hennepin County State Aid Highway No. 6 Plat S, as delineated in Book 70, Page 38441S2 of Hennepin CounQr Records. Also the north 1/2 of adjoining old County Road No. 6 now vacated, Hennepin County, Minnesota (hereinafter "property ”); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the CiQr of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 16, 1999, at which times all persons desiring to be heard concerning this application were given the q>portunity to speak thereon; and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a day care center for 60 children, ages 33 months to 11 years per Municipal Zoning Code Section 10.28, Subdivision 3 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2460. The proper^ is located in the RR-IB Zoning District, where 2 acres is the minimum iot area. The proper^ consists> of 1.64 acres. 3.The Planning Commission reviewed this ^>plication on February 16, 1999 and reconunended approval on a vote of 4 to Ol Page 1 of 4 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 2 d 4 4. The Planning Commission made the following findings of fact: A. The proposed use will not have a negative impact on adjacent residential uses. 5.The City Council finds that granting a conditional use permit to permit a day care center for 60 children, ages 33 months to 11 years will not be detrimental to the fa^th, safety or general welfare of the public, would not adversely affect light, air nor pore a fire hazard or other danger to neighboring properties, nor wUl Its use depreciate surrounding property values and that the proposed level of use of the property wiU be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the fmdings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit a day care center to serve 60 children, subject to the following conditions: 1 . This facility shall have a maximum capacity of 60 children. 2. The facility shall obtain a child care facility license from the Department of Human Services. 3.The hours of operation shall be between 6:00 a.m. and 7:00 p.m.. Monday through Friday. 4.Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council 2000)^** conditional use permit will expire on that date (February 22, Page 2 of 4 o.,. o GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 r 2 4 4 5.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authori^ granted herein, and shall be punishable as a misdemeanor. 6.The undersigned applicant and authorized agent of Little Acorn Day Care Center and owner of the property have read, understood and hereby agree to the terms of diis 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 Orono City Council on this 22nd day of February, 1999. ATTEST: - / - /// Linda S. Vee, City. Clerk lpplicant(s //nlOuin , STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 22nd day of February, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota mumcipal coiporation and said instrument was executed on behalf of the City. JAMIEL6EMAR aowrmuc MNNOwa NBMnNcnamr Mr 31.2000 P«ge 3 of 4 GITYof ORONO I i RESOLUTION OE.T NO. _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) .• ■ act and deed. NOf ARY PUBLICu STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. and (br aid couny, P«^y^55dZIE?*37/y?'^w" j“ *,/55?^ known to me a be the pei»n(s) dearifedST^d Jhi/Q^^in «knowled*ed that he (they) eaecuted the ante as hh (their) It^ «t Sd S Jt!323FK omg instniment.and act and deed. t ^JAMIE L6EMAR NOtWVPU HDUiQ MyCombsioa NOTi hJ Page 4 of 4 •> ji ‘ ■■ ifci ^ ft iifritiifci \ i ul-----------ttAaeSfl 40589.ptt 7/25/2002 1:07:58 PM Scale: 1:9.60 Helghi:^^ i 3'^ b' • . V . MONTESSORI SCHOOL KINDERGARTEN, PRE-SCHOOL, TODDLER 16 MONTHS TO 6 YRS. "ii 952-404 3 S' V. ,'icL Bvu #8 O If /y f V •^2- i • • • • # # • •••• MINUTESOFTHE ORONO CITY COUNCIL MEETING Monday, Juty 22,2002 6:30 o’clock p.m. PARK COMMISSION COMMENTS - Debora Halvorson, Representative Nothing new to report. PLANNING COMMISSION COIVGVIENTS - Sandra Smith, Representative Nothing new to report; however, would like to see the City Council appoint a new Vice rhair when ready. PUBLIC COIVIMENTS Michael Cruella, 290 Ridgeview Drive, Wayzata, Director and owner of Orono Montessori School. Mr. stated that as owner of Orono Montessori School, who lost its home when St. Andrews Church burned down this spring and had been temporarily located in Wayzata Community Church, they are hoping to relocate to Highway 12 and County Road 6 August 1, 2002. Their current temporary location runs out on July 31, 2002. The building they propose to occupy was previously run as a Little Acoms preschool, however, since vacant for over 6 months Mr. found out new paperwork needed to be filed when he stopped by City Hall. Mr. stated that this past year has been very difficult for he arid his students. They have a school, and children to think of He urged the City Council to waive the lengthy paperwork in order for them to move in on August 1. Gaffion confirmed Mr. statement, indicating that the building had been vacant for nine months. Built as a preschool run by Open Arms and then Little Acoms, the Montessori school proposed to occupy this space until the Church could rebuild. Since the previous CUP lapsed at 6 months, the new school will be required to file for a new CUP, however, the City CouncU would not be able to grant formal approval for that CUP until its August 28th meeting, well after the Montessori school has lost itt current lease. Gaffion indicated that the City Council could allow the Montessori school to move in while they go throu^ the CUP proceu. Gaffion that both he and Lyle Oman visited the building and saw no obvious problems with the CUP. He PAGE toft minutes OF THE ORONO CITY COUNCIL MEETING Monday, Jnty 22,2002 6:30o*dockp.m. continued llut Ihi. Aort-tenn use wouM be good for M.e conanunitv ft. ----T Cburch will be'rebuilding over the next 1-2 Win this *n» tr ' * Murphy ^oned wheUter Cflron ^ ^ ^ ^ Gi^ ««ed th« this proposal provides a good potenHal short-tenn use for thi unfortunately was caught up in the paperwork.r this facility, which nr:::: rr must still go Snrsevere aricwl if Urey could aUow the school to occupy the space while the y were in process. Barrett atated that while it could be allowed, the CouncU needs to make it clear that the n • could still be denied if «,m.Uung showed up unexpectedly. S^ere indicated that, while emoUonaUy he wanted to do what he could for the kids w.d ,K school, he needed to learn what the legal suggestion would be. ' Barrett stated, once again, that the City Council iurd employed the right to waive the o>« * «y to allow tire applicant to move in. but re,uir«. the permit to be comp'eZ* tunely fuhion. Murphy asked if staffcould foresee any code problems. Gaffion indieated that foe proposed Montessori School______meets all die zooiqg requirements, die P»g»n, foere will be no charges to the ftciUQ,, and the «!!!^, acpmble. PAGE 9 Of 9 mxk.uv.*—------- •• • > . • • •• . . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, Juty 22,2002 6:30 o'clock p.m. X Mr. cuted that aU of the inspecUons are underway in order to meet the move in date of August 1,2002, and to far the Fire Marahall and building infections have been okay. Mayor Peterson stated that she had no problem allowing them to move into the building in 10 days while they go through the CUP process. Muiphy poioted out that the City find* iteelf in i unique eitueBon end has been given the tan opportunity to do something for the kids. Murphy moved, to ,reut a temporaiy CondIHonal Use for the purpose of opening the Orouo Monlessori School peodlug approval of the formal process, wllh the that If the City CouncU determines not to grant the permit this temporaiy use may be revoked. Mr. asked under what condition the school might be asked to move. He reiterated that this past year had h ren veiy difficult, losing ttieir home to arson and then being asked to move horn a temporary location. He stated that they had been through quite a bit and would like to feet comfortoble that they have found a semi-permanent location. Murphy indicated that it is the City Attorney's job to look out for the City's interests, however, he believed the Council was committed to doing everything 'hey could to lesson the burden for the school. Mayor Peterson seconded the motion. VOTE: Ayes 3, Nays 0. ZONING *m #02-2769 MARK AND PAM PALM, RESOLUTION NO. FAOElOeflO \ ^^0 UJoeyZ/3i\a. • • \• • \ I V \ \ \ I I \\\ \ \ \ \ N I \ ^ 'il. ________/ g \ ^I I J I I I G 1 'T 4 - Ivi*/ m 0 W«y*»t« Blvd. PIDs 29-118-23 34 0002 Building Type: midence # BR b /OPD: 650 # Syateras/unita • i/i Permit W6: 661^ Date of Pfermft: 4/29/82 Bros System Type : mound Appliances: * ■r, SYSTiaf CONDITION Conformity: 1 .Failure Pot: low Tank Condition:DP condition: li SEPTIC TANKS Material: precast concrete Setback to Bldg: 10 Capacity: 1000, 1000, 500 DRAINFIBLD Length of Lines: 160 No. Lines: 3 Trench Width* lo Treatment Area; 80*40 Type of Filter:- rock,clean sand Tilr. Size: 1.5 Under Tile; 9 Perc Rate mn/in: 40 Setback DF-Bldg: 30 DF Ht above HT: 3 Soil Type: sandy clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: 100 Well-OF: 75 Report in File?: y pump Type: subm. Depth: 139 Diameter: 4 Method: drilled INSPECTION RECORD Date 5/21/80 DF cut off during road construction 6/8/82 replacement installation 9/10/86 no surfacing-cut trees on mound surfacing-cut trees,punqp tanks surfacing-cut trees,pumqp tanks surfacing-cut trees,pun^ tanks surfacing-cut more trees,pump tanks 8/30/90 7/9/91 9/3/93 10/2/96 no no no no ComolianffA 3 1 1 1 . 1 1 1 PUMPOUT RECORD Date Gallons hi ‘1 li^il'»■ aigriaSiiBM Jm 1 PTBlt Wo. 220.mask /s-4^ S'S?f?l ^3J^6, « % PERMIT RECORD ^3^C0 (jJaJ^22aM6l, Date Type of Peynt^ Jo - -y-Cn / :„I j/~/i>-^gyaae //- 7-jP/i 2/ -Si, -RO ^£Luifi4<. v-.r- </-i39-5?^ Cryn /KfijA -//-93 £o±a.cDil^ /j/utiA h/y ------- PERMIT RECORD Peflt Mo^ fa/.5r Date T_;. 7 9t PotbU • • r -iT-T -*—* ••L ■* •■ V' B - •■ r*V»l T *Li-v^-iw^ •'•I.v/ ^ f’^ I ‘f ••• »• •,.v\^ r,'4&t’*bl^il2)*i 1 1 : . • -?K>.rj‘^<.'.|Hte-" ■ vc^.r*S253^55^aO f *W •• . • r . *, • /. . '^»A* r .’•'••V •. M r' ♦ • * .--..??AM4e‘>.^^.:V*v;'- .1.•vv.'r: • .........■■\v^»^‘^ • .• • •— t ' $t •'"“rS ai5s«-; • * * * * * •f; *-:'Vr;>£;V.?-'.; ■r«J:H»V-?-.''ii:v2 X ■•>.r:';-.' _ _ =T'rv:HcK: • f ‘ •* • *4 . •• »• ••• • .*•••» -W A « - VW. • ♦>.. iS .' v:.^ V'4 :>; ■ Ar:t■^f^i^ir>^■^::^:^: ^i.::^ ■::-•• >'-jS «./S,• • •'•• X • • I#* ••• • • I « / . • • • • • .;• tA -*r S' * • _ _ r •<■ 'r • # •• «4.-. .. ...r»^^^N^-^H€SAHHe«.■PtAT^ ,mn. M I * A. # / / / ,✓* V* m m • • . • •••. -vv^' i-v,• ;.*• • ■ • 19 '■•*•• '• ■• <i • • m • Jf • • • • • j *• a*• * »• y ) 1 ■ / ■s> ^—. fc:; ;: _'::L .ii J^-l'.y. i i- • ■ • AXrJ’ .■>‘y\ *' ^ • • • * V-'Sffi .^•f ••I 1 :■ a.A>^^^]:‘*-:..Y-;.;' I'. .* • \ ri* •^•** * * '* *.• - • rV^ H.*x\:i\.•: ♦.•• */ • * . ;■.>.■• * • *. •» *1^. V*A •*■»•• \ *'mm*' • • m /--*.•••. ,»4 •««.•#> m^m mm. ^ ,. . ■>’••* •*••• •. •* m ». jay » .*<‘v *>iV-~*^ f Uf2 8 j ■iV /il,; S >•• ^ •. • •. / . •, .•, ;V*|' • *. mm MTC* l7/2Vf2 •*. •. .. • • V:* ** -7 ' MKN.SM ■ ' r ‘ ■ • *■ HENNEPIN COUNTY PROPERTY INFORNATXON SYSTEM ■ PROPERTY ONNERS LIST REPORT NO. PXOSMtX PAOf SO ••.• • • ' •) . .SO 29-110-2S S2 0000 PROP Am vOfOSO. AfiORESS UNASSXCNCO OMNER NAMi NENN COUNTY. PK.RESERVE REST TAXPAYER .:SUtURRAN JRDRI REO PK DXST NAME/Am ' UOU'Cn'RO V ■ PLYHOUTN 'MN . SMOX ' ■’ '■ • ' 'v . : 'M 29>IU>RS'SA MOO PROP Am : .0S740- RAYZATA SLVISN ONNER NAME . .CUPPORO L OTTEN • TAXPAYER CUPPOROa OTTEN NANE/Am .'^P'O m.M*•*.; . UNO lare ; nn ssssa • i-.: .••.’-.v-. • •. . • ' * { . so 'S2-U0r2S U l»00 PROP Am .OOOSO ' ABORESS UNASSXO.VO ONNER. NAME . mLXNOTON iRNmiERN RY TAXPAYER ■ • N E SANTA PE RR CO . NANE/Am- •. PROPERTY TAX PEPT ' .PD m".90X009 P.0RT NORTH TX 70101 * **• . 0 ••» . . • • . ••• . .1 ,' . ^^80- SE^llO-ES 22 OOOS PROP Am ‘ 0S02S ; sxxtn ave n ONNER MANE NXCNAEl A ALEXANDER TAXPAYER NXCNAEL A ALEXANDER ‘NANE/Am S02S OTN AVE N . LONO LAKE .NN ' USSO »* * • * V • % -s . ■Si\ * t . k . * • ‘ • . • 0. A • • I . ■. V.v:? V •. - ./‘V .. !• % ... I .•0 “I l a" •**p* • . • **«.*^* p ** • * * .• .‘‘A • .i.: • •• .;>••• ; . »* • • * • • • I* '*• SO 29-110*2S S3 0009 0S900 SIXTH AVE N NORTHERN STATES PONERCO NSP PROPERTY TAX DEPT ‘ 010 NICOLLET NALL NPLS NN- SSOIll SO 29-110*2S SO 0009 03000 NAYZATA DLVO M OTTEN NANACENENT OTTEN NANACENENT DOX 209 LONO LAKE NN S5SS0 SO S2-110>2S 21 0010 03700 JACOOS NILL.RD STEPHEN 0 TONLE STEPHEN D TONLE •: S115 PINNACLE DR OLOSNAR FL 30077 « • TOTAL lATCN SOO 00010 .30 29-110-2S SO 0000 03000 SIXTH AVE N PORK CUN CLUR INC PARK CUN CLUR C/0 RUDY CESCmiNO 09S9 VERA Cmn AVE NPLS NN 5M29 SO S2<110*2S 21 OOOS OOOSO ADDRESS UNASSXCNEO S A CIRSPINSKX ETAL CLXPPORR L OTTEN P 0 DOX 209 LONC LAKE NN SS3S0 ' 30 S2*llli-2S 22 0002 03025 SIKTN AVE N NICNAEL A ALEXANDER NXCNAEL A ALEXANDER 3025 OTH AVE N . LONS LAKE HN -. 55350 • • •X CERTXPY THAT THE PACTS REPRUENTER ARC AN ACCURATE AND TRUE REPRESENTATION OP XNPORNATXON AS XT APPEARS THXS'-DATE ON T" OP THE HENNEPIN COUNTY DCPARTNm OP PROPERTY TAXATION. .OP.NY KNONLERCE AND RCLXCP.r ■ /• I^TS • • • • • f • t • •• .) 01T'V;-' .. • • % *• I • •• ; • 0 0 •p ■ •’’V 0 • • • • • I • 0 • • *• Cni Application Deadline: 7/31/02 60 Day Deadline: 9/27/02 " •*CPJ|NG 2 6 2002 cn y OK Oflo/vo REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator DATE: ITEM NO. ft Agenda Section: Zoning Item Description: #02-2819 Tim/Gayle Devries 2190 Abingdon Way Conditional Use Permit Zoning District: Lot Area: RR-1B One Family Residential District (2 acre) Lot 6 9.9 Acres List of Exhibits: A Resolution B Susan and Steve Wilson Letter C Staff Report and E.xhibits of 8/19/02 Application Summary: The applicants are requesting a conditional use permit to alter land in excess of 500 cubic yards. The applicants are constructing a tennis court on the property. The conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of fill. The applicants onvti the property (Lot 6) and the adjacent vacant property (L.ot 5). Of the 1,040 cubic yards of fill to be moved, approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to Lot 5 and the remaining 420 cubic >’ards will be used as fill on Lot 6 to construct the tennis court. The fill trucked to Lot 5 will be used to "correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade from the existing driveway on Lot 6 to Lot 5". Fertinent Ordinances: • Section 10.03, Section 19 (Grading & Filling) • Section 10.55 (Floodplain Ordinance), Various Sections • Section 10.56 (Shoreland Ordinance), Various Sections PLANNING COMMISSION DISCUSSION/RECOMMENDATION: Planning Commission recommended by a 5 to 0 vote to approve the application as presented, subject to the following conditions: 1. The area of Lot 5 to be filled must be reduced to allow for some measure of future flexibility- in septic site location should the existing tested sites be disturbed or found to not be usable. 2. Heavy duty silt fence and other protective measures such as signage be installed around the portion of Lot 5 where fill will be deposited. I .L 3. The delineated non-City protected wetlands on the survey be documented via a notification to be filed in the chain of title. The wetland delineation will be kept on file for this property for future reference. 4. The grading plan must be revised to eliminate any fill within 26’ of the delineated wetlands. 5. Property owner shall be advised that the Orono zoning ordinance requires lighting in all instances to be diffused or directed away from property lines in R Districts. Planning Commission considered the following issues in relation to construction of the tennis court and land alteration: 1 . Wetlands/Septic. The property was subdivided in 1983 prior to Wetland Conservation Act (WCA) regulations, and Orono took a Conservation & Flowage Easement over portions of the property deemed to be wetland at that time. The new delineation performed under the more recent WCA rules shows that areas now defined as wetland are more extensive on the site than those protected in 1983. In some locations the delineation shows wetlands that weren't included in the 1983 easement; in other locations, areas protected by the easement are not now considered as wetland. This property is serviced by an on-site septic system. Staff has reviewed the existing septic system and it is not directly affected by the proposed tennis court construction. The area being used for tennis court would likely not be suitable for a future .septic site due to its proximity less than 75 ’ to the wetland. Due to potential impacts on drainfield sites the Planning Commission felt additional protection measures be put in place that will ensure all drainfield sites are protected. 2. Site Lighting. The tennis court will be converted to a hockey rink in the winter. They intend to provide lighting around the structure. This has raised the concern of at least one nearby property owner. That property owner has stated that night lighting has been an issue in this neightorhood in the past, and in rural Orono in general. The Planning Commission felt consideration should be given to use of shoebox downward cast lighting with difiusers of some sort to reduce the impacts of reflective glare. STAFF RECOMMENDATION: Staff recommends approval of the application subject to the conditions as noted in the Planning Commission recommendation. In addition to the Planning Commission recommendation, staff recommends the area of fill and truck traffic on Lot 5 be reduced and that applicants take extra precautions to avoid any disruption within 50' of tested sites, to allow for future flexibility. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. iimr It ^ liiflhlAii jfilniilriftsa A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 02-2819 WHEREAS, Timothy Devries and Gayle Devries, (hereinafter "the applicants") are owners of the property located at 2180 Abingdon Way within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 1, Abingdon Glen, Hennepin County, Minnesota (hereinafter "the property"); ar.d WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration of 1,040 cubic yards of fill to be moved, approximately 120 cubic yards of which will be trucked from the property to another location, approximately 500 cubic yards will be trucked to the property located at 2150 Abingdon Way, and the remaining 420 cubic yards will be used as a base fill for construction of a tennis court; and WHEREAS, after due published notice and mailed notice in accordance with Miimesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 19,2002, at which time ail 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, Miimesota: FINDINGS 1. 2. This application was reviewed as Zoning File #02-2819. The property is located in the RR-IB, Single Family Rural Residential Zoning District. 3.The Orono Planning Commission revieweu this application on A'tgust 19,2002 and recommended approval by a vote of 5 to 0. 4.The Planning Commission made the following findings of fact: Page 1 of 5 5. 6. A. Land alteration greater than SOO cubic yards is a conditional use in all districts. B.The applicants have requested land alteration totaling 1,040 cubic yards, of which 120 cubic yards will be trucked from the property to another location, 500 cubic yards will be trucked to the property located at 2150 Abingdon Way, and the remaining 420 cubic yards will be used as a base fill for construction of a tennis court. The fill trucked to Lot 5 (2150 Abingdon Way) will be used to correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade frou' the existing driveway on Lot 6 to Lot 5. D.This property is not within the MUSA and the City does not intend to bring municipal sewer to this area. Maintenance of septic system options is critical. A fence to protect the sites on Lot 5 should be constructed prior to fill moving, and while no storage or trucking is intended to occur beyond the fence. E. The proposed grading and land alteration as proposed is entirely outside the defined wetland areas and outside the 26' wetland buffer. F.The proposed tennis court meets all required setbacks to property lines and wetland buffer areas. The City Council finds that granting a conditional use permit to permit 1.040 cubic yards of fill will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the Page 2 of 5 community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration of 1,040 cubic yards subject to the following conditions; 1.Propeny owner shall obtain a land alteration permit from the City prior to commencing any grading. The MCWD shall issue an erosion control permit prior to the City issuing a land altetation permit. 2.Temporar)' fencing shall be installed around the drainfield sites to provide 50’ of buffer between those sites and placement of fill on Lot 5, Block 1, Abingdon Glen for some measure of future flexibility in septic site location should the exi.^ting tested sites be disturbed or found to not be usable. 3.Heavy duty silt fence and other protective measures such as signage shall be installed around the portion of Lot 5 where fill will be deposited, and around the portions of the property on Lot 6 to protect the wetland and wetland buffer zone. 4.The delineated non-City protected wetlands on the survey shall be documented via a notification to be filed in the chain of title. The wetland delineation will be kept on file for this pronerty for future reference. 5.The grading plan must be revised to elimin<ite any till within 26 ’ of the delineated wetlands. 6.Property owner shall be advised that the Orono Zoning Ordinance requires lighting in ail instances to be diffused or directed away from property lines in R Districts. 7.Authorities gi anted by the conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or this conditional use permit will expire on that date (August 26,2003). 8.Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall Page 3 of S J automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9.The undersigned owners have read, understand 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 of Orono, Minnesota at a regular meeting held on the 26th day of August, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of August, 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 insmunent was acknowledged before me on this _______ 200 ____by Linda S. Vee, City Clerk of the City of Orono, a Minnesota day of municipal corporation and said instrument was executed on behalf of the City. Page 4 of 5 K * 1 . * Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of . 20 ___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/afTirmation _______________ witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ja credible Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN day of .20On this _ ___personally appeared before me, ____ who is; .Tsonally knowT) to me ____whose identity I proved on the basis of ____whose identity I proved on the oath/affirmation witness and w ho executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. .a credible Notary Public Page 5of S 1 SUSAN WILSON 325 South Brown Road Long Lake, Minnesota 55356 (612)473-9113 Sqitember 19,2002 Steve and I have leoeived the notice of construction of a tennis couct/hockey rink and petfa^M pool at the DeVries home which is directly bdiind us - across Long Lake Creek. I calM Gale DeVrws and talked to her about has we sold them the lot tiitf is part of the plan. I told Gale that we have two concerns. Tht first is that the Long Lake Creek watershed area whidi includes the wedands is very inqiortant in this area. Itholdslotsofwildlife- tiie wooducks and mallards nest tiiete as will as Blue Herons and Egrets. Weha.edeer and coyote and all the smaller mammals and many songlnrds. It is the main reason people like to live along here, and I hope that whatever construction is done it will be well wititin all of Orono’s wetland ordinances. The second concern is the lighting ofdiisqwrts area. We look right over the wetland and creek. Our house is positioned to take advantage of h. Extra nighttime lights would be a huge detriment ix)t only to our wildlife but also to the serenity s^ quiet of our view fiom our living room and bedroom. I think lit hockey rinks belong in nark areas and have encouraged Orono to consider one at the Golf Couiw* ra. The peacefulness of tiiis arra would be ruined by a lit rink. Thanks for considering our issues. I guess the Wilsons are the most impacted by this plan. Tbereisanareaattheendofthe Abingdon Way culde sac that is higher and fhrther removed fiom the creek and wetland area that would be better for a court as you wouldn’t have to alter the land area as much. However 1 still think the lights would be a bad idea for all nei^bon in the area. Susan and Steve Wilson TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM Wendy Bottenberg, Zoning Administrator/Planner Mike Gaffron, Planning Director DATE:August 15,2002 SUBJECT: #02-2819 2180 Abingdon Way Conditional Use Permit - Public Hearing Zoning District: Lot Area: Exhibits:A B C D E F G H 1 Application: Tim/Ci^le Devries 2180 Abingdon Way PC 8/19/02 Page I of 5 RR-IB One Family Residential District (2 acre) Lot 6: 9.9 acres (2+ ac. dry) Lot 5: 4.3 acres (2 ac. dry) Application Project Description Survey Plai.? Septic Plan (Existing system) Engineer Conunents Area Topography Original Plat showing Drainage/Conservation & Flowage Easement 1975 Wetland Airphoto/Map The applicants are requesting a conditional use permit to alter land in excess of 500 cubic yards. The applicants are constructing a tennis court on the property. The conditional use permit is required because the applicant is proposing to move 1,040 cubic yards of fill. The applicants own the property (Lot 6) and the adjacent vacant property (Lot 5). Of the 1,040 cubic yards of fill to be moved, approximately 120 cubic yards will be trucked from the site to another location, approximately 500 cubic yards will be trucked to Lot 5 and the remaining 420 cubic yards will be used as fill on Lot 6 to construct the tennis court. The fill trucked to Lot 5 will be used to “correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade from the existing driveway on Lot 6 to Lot 5”. Exhibit D-1 and D-2 indicate the area where the fill will be located on Lot 5. Pertinent Ordinances: • Section 10.03, Section 19 (Grading & Filling) • Section 10.55 (Floodplain Ordinance), Various Sections • Section 10.56 (Shoreland Ordinance), Various Sections Anaiysb: The applicants wish to construct a tennis court on their property. The tennis court will be located southeast of the residence and meets front and side yard setbacks as required. The proposed construction is 180’ from Long Lake Creek where a 100’ setback is required for non-sewered property. The tennis court meets the required Orono 26 ’ setback from the delineated wetland on the property. However, it appears that the plans show a slight encroachment of fill into the 26 ’ wetland setback area at the south end of the court; in staffs opinion there is no hardship justifying this encroachment and plans should be revised to incorporate a low retaining wall or other method to allow this area to remain undisturbed. (Unlike the MCWD rules, Orono code does not specifically allow for filling/mitigation within the 26 ’ buffer area). It should be noted that the property was subdivided in 1983 prior to Wetland Conservation Act (WCA) regulations, and Orono took a Conservation & Flowage Easement over portions of the property deemed to be wetland at that time. The new delineation performed under the more recent WCA rules shows that areas now defined as wetland are more extensive on the site than those protected in 1983. In some locations the delineation shows wetlands that weren ’t included in the 1983 easement; in other locations, areas protected by the easement are not now considered as wetland, as can be seen from the heavy dashed line on Exhibit D-2. Septic System Concerns : The subject property is serviced by an on*site septic system. Staff has reviewed the existing septic system and it is not directly affected by the proposed tennis court construction. The area being used for tennis court would likely not be suitable for a future septic site due to its proximity less than 75’ to the wetland. Staff is concerned about the proposed “Wetland Buffer Mitigation ” proposed directly downhill from the existing mound system. Any fill or excavation in this area could have a severe impact on the functioning of the mound, as the downhill slope of a mound is a critical absorption area. Staff would recommend that another buffer mitigation site be located that will not impact this mound. Tim/Gqyle Devries 2180 Abingdon Way PC 8/19/02 Page 2 of 5 L.. Excess fill from the construction is proposed to be placed on adjacer/ Lot 5, a currently vacant but potentially buildable 2-acre lot. The proposal would place fill within 10-20’ of tested drainfleld sites. Staff believes this is a risky venture at best, for the following reasons; 1.The easterly tested site is within 75’ of the wetland as recently delineated, and Orono Code requires a 75’ setback, this site might be defined as unacceptable in the future... 2.The proposed fill will destroy the potential for finding additional drainfield sites on Lot 5, since the fill area will be considered as disturbed soils, and will not be usable for drainfield purposes. If for some reason the tested sites ar.* rendered unusable. Lot 5 could be deemed as unbuildable. 3. The tested alternate site on Lot 6 is now within 75’ of the newly delineated wetland. If for this setback reason or some other reason that site was found to be unusable. Lot 6 would have no alternate site available, and may need to find an alternative on Lot 5... This neighborhood is not within the MUSA and the City does not intend to bring municipal sewer to this area. Maintenance of septic system options is critical. While a fence to protect the sites on Lot 5 will be constructed prior to fill moving, and while no storage or trucking is intended to occur beyond the fence, staff still feels the potential to create future septic issues is present. Staff would recommend that the area of fill and truck traffic on Lot 5 be reduced to about half the area proposed, and that applicants take extra precautions to avoid any disruption within 50’ of tested sites, to allow for future flexibility. Engineers Conunents: City Engineer, Tom Kellogg, reviewed the proposed plan and submitted comments. (See Exhibit F). Staff would note the following: Silt fence - The plan the applicant submitted indicates where the silt fencing is to go. The City engineer suggests the silt fence be heavy duty as shown in exhibit and be installed around the entire site where the fill will be moved to, rather than as shown. Septic Sites - As discussed above, the future septic sites must not be disturbed. Narrative of total cut and fill - As discussed above, 5(X) cubic yards of fill will be moved to the adjacent lot, 120 cubic yards will ’oe trucked from the site to another location and approximately 420 will remain on the site to construct the tennis courts. (This may chwge if less fill can go to Lot 5 to retain septic options...) Tim/Gayle Devries 2180 Abingdon PC 8/19/02 Page 3 of 5 Drainage easement; The ‘drainage easement* on the survey/nriginal plat defines the boundary of the area originally protected by C&F easement with the Abingdon Glen subdivision. Now that wetlands have been delineated and the delineation shows wetland boundaries differently than the conservation easement, a question is raised as to whether the C&F easement should be revised to reflect the new wetland boundaries. It appears to staff fiom the wetland report that many of the wetland areas that weren't defined in 1983 are Type 1/2 wetland which the City in recent years has opted to not formally protect by easement but rather by filing in the chain of title a document notifi^ current and future owners that there are WCA wetlands on the site which are regulated. There are several options the Planning Commission could consider: 1 . Do nothing. Keep the delineation report on file in case additional work is done on the property. 2. Require that the property owner grant the city a revised C&F easement for the portion of the wetland not included in the easement at the time of subdivision. (This option is costly- would require a new legal description, survey and filing of easement). 3. Acknowledge the non-City protected, WCA-protected wetlands via a notification document to be filed in the title. Site Lighting : Applicants intend that the tennis court be convertible to hockey rink use in the winter. They intend to provide lighting around the structure. Itiis has raised the concern of at least one nearby property owner, and night lighting has been an issue in this neighborhood in the past, and in rural Orono in general. Ice is light colored and highly reflective, and even lights shining down on it will have an impact of lighting up the night sky. Consideration should be given to use of shoebox dovmward cast lighting with diffusers of some sort to reduce the impacts of reflective glare, and perhaps timers or other methods should be used to ensure the lights are turned off when not in use. Tim/Gayl* Dtvrks 2l80Ablt^on Way PC 8/19/02 Pc^4<tf5 I I Staff Recommendation: To approve the conditional use permit with the following conditions: 1. The area of Lot S to be filled must be reduced to allow for some measure of future flexibility in septic site location should the existing tested sites be disturbed or found to not be usable. 2. Heavy duty silt fence and other protective measures such as signage be installed around the portirm of Lot 5 where fill will be deposited. 3. The delineated non-City protected wetlands on the survey be documented via a notification to be filed in the chain of title. The wetland delineation will be kept on file for this property for future reference. 4. The buffer mitigation area must be relocated to a site where it will have no potential impact on the existing mound system’s proper functioning. 5. The grading plan must be revised to eliminate any fill within 26 ’ of the delineated wetlands. 6. Lighting to be as recommended above. Options for Action 1.Reconunend approval per staff recommendation, subject to noted plan revisions being made satisfactory to staff prior to Council action. 2. Table, require revisions to be reviewed by Planning Commission prior to going to Council. 3. Recommend denial, state reasons. 4.Other T!m/Gqyl« Devrks 2180 Abingdon PC 8/19/02 Pagt5(^5 ! . 4 i 1$ J ( f 1 i 1 ■I; i j A Applkatioo U Date Rccdvcd '^•3 1-03 ‘s Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address__________^ 160 UVCT^ Type of Application to be Filed C,0,P. Property Identification Number (P.I.D.) 2*^ 000 7 APPLICANT Name Phone (home ) ^S2~4''74 — Phone (woric ) Address . City Zip gg^Tl OWNER (if different than applicant) phone (home) Nam e _______ Address ^60 A^AJ6€30t^ _____ Phone (work) City Property Acquired________ I ifd^ (do not) also own the adjacent parcels of land? Zip ggas-Ca __(month^ear) FEES • CONDITIONAL USE PERhOTS • _____$ 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 Renew’al Fee (no change from original application) After-the-Fact Fee - Double Current 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 Khedule) _____ $375.00 Comprehensive Plan Amendment ______$100.00 App^s Other • see Fee Schedule #2819 1. 3. \ REQUIRED SUBMITTALS ___Completed Application Form. ___Describe- request in detail. - ^ » -<•<»•• for «rv^ — *'*?' <fc“riP<ion to appiicatioo if not. included on i«,uired survey - St'eS a -ive — '"“ri'ol Status) of all persons with an interest in the "f>'(s) of applicant(s) if not current ownerfs).— Construction plan, if applicable (see staff for requiremenis). ' — As on addenda to tfus application, please attach a separate list of any other persons you wish notified of this application. ^ FOR '^PRo2lCTION®fi?I''x documents OR COPY fu^ld) ‘ “ocoot'ots, plans, etc. tote The AwlicMt and Property Owner must sign this application. Piease remember that vour appltcation is not complete tf the above informaUon has not teen included. “ ’ 4. 5. 6. *? i • 8. 9. APPLICANT'S SIGNATURE ^e applic^t hereby agrees to provide all information required or requested by the Zoninir A^mstrator agrees to pay additional fees (staff time not covered by original feTpaym^O and/or unusual expenses meurred m review of this application and certlfif.<! that th- supplied is true and correct mUie^ of hisAter Sdge mfomtatron Date ^5 xjQOC'Z.Applicant's signature OWNER’S SlGNATUl The owner hereby ackno»M« ahttagrees to this applicaUon and further authorized ........Ki. -tnbers, and*StcUmembers for purposes of investigation and verification of twT^X Owner's signature gallon and verifici Date lhij‘ Applicant must have all subminals into the City ofTices ->5 Hiv. h.r«» ot • ew Planning Commission Meetings are held on the ihM Monday of?ih “il"'"* Commission Meeting. Kheduled review meetings it the PImuilog clmiw^ L c~.?Hr ■?' •“ scheduled meeting, please make umgm^oTbZZ - • Building A Zoning Office of this chafge prioc » me meetiUj. ^ » your place and advise the > ✓ A •* a 4 a V* jJ. i-NSL^/ r jam,es Fomn 29 July, 2 a arcj 8938 ClencojB road excelsior. minnesota 88331*3133 98a474S946 Sla-474-8480 CityofOrono, Minnesota City Staff, Members of the Planning Commission and City Council Please consider this request for a Conditional Use Permit to alter land in excess of500 cubic yards, by Timothy and Gayle Devries, 2180 Abingdon Way, Orono, Minnesota 5S3S6 Mr. and Mrs. Devries propose to construct a tennis court at their home, 2180 Abingdon Way, on Lot 6, Abingdon Glen in Orono. The tennis court will be located southeast of their existing home as shown on the accompanying drawings. They propose to construct the project this year. They contacted the neighbors on June 24, offering to review the project and have not had any response. The proposed Tennis Court fits within the available building area of the site bounded by the required City of Orono setbacks for fiont and sideyards as well as the City of Orono wetland buffer of 26’. The proposed Tennis Court suifice coverage is allowed under tite hardcover requirements as shown on the drawings. A variance from the Mirmehaha Creek Watershed District requirement for a 35 ’ wetland buffer in die a mount of298 sf of encroachment has been ^>plied for separately and will be beard by the MCWD Board on 22 August. The 35 ’ wetland buffer is largw than the 26’ wetlimd buffer required by the City a{ Orono. We are removing areas of heavy Boxelder and Buckthorn growdi as shown on the drawings. No vehicle traffic will be allowed on the fenced and protected designated septic sites during the excavation and construction operations. The Tennis Court will be constructed as a bituminous surfime with a concrete curb, blade chain link fencing and frame and low cutoff type lights mounted at 12’ heights. The total cut and fill for earth moving on Lot 6 will be 1040 cu yds as shown on the drawings. Approximately 120 cubic yards of soft, clay sub^ls will be trucked from the site to a proper di^Msal site. Approximately 500 cubic yards of topsoil will be removed from Lot 6 and placed on the adjacent, undeveloped Lot 5, also owned bv the Devries. The topsoil fill on Lot 5 will vary from zero to 18”, to correct grade irregularities, cover small ffUimpt and debris and to eliminate the abrupt, 18” difference in grade from dieir existing driveway on Lot 6 to Lot 5. The disturbed areas on both sites will be restored with tur^pass seed and mulch. The areas widiin the required wetland buffer areas will be left to naturalize and will not be mowed. Please call me at 952*474-3946 with questions and comments. Sincerely, Sheets 1 and 2^2; Wetland DelinemioiiRqrort by John Anderson Ir. ■ :ate of survey for : GAIL DEVRIES 6, BLOCK 1. ABWCOON GLEN COUNTY, MNNESOTA c A f' I Notes: 1. Lol6ff4bmM»onandLoiSboundaiyftom8un«y dated 5*3411 by Colin and Q<onbe<g 2. Lot 5 mfomiaton lor topography and MpeciiMfeom C«y of Oono roQoidi 3. Cuia.idF«Caicuialone Lots Topaolcul Soil tubtols cut StHdayeubaoitoui TooMriH Stir clay M Total Eift) Movfig on Lot 6 Lots TopiodMfrDmLoie Total aanh movtftg on Lot 6 Eanh maienai leavsig tile. 600 cy 120 cy 140 cy 100 cy 140 cy , Buckthooi and misceOari I dashed areas, regrade to uniform h turfgrass Cross-hatch area. 20,640 sf, indicates limits of 500 cy topsoil fin material on Lot 5 from Lot 6, average depth 6* ------------------------------- if wetland natea IreekyMershad^ lam dafineatej we tland ✓ Ironosei^ wcfcfrom 'Remove Boxelders, Buckthorn and misoelaneous bnjsh material from dashed areas, regrade to uniform surface, restore with turfgrass 80 sf encroachment on 35' wetland buffer Wetland edge delineated by John Anderson, 2001 105 sf encroachment on 35* wetland buffer Proposed Tennis Court awimnwg pool I house 113 sf encroachment on 35' wetland buffer Sheet 2 of 3 Tennis Court Project D-2_ Devries Residence 2110 AWngdon Way. OmiMn SS3S6 893CspausaiiaaMolt e«331-SlSi lls-artsea V r ! SPECIFICATIONS ’•ii* a«mu w*» «%m wn* »nr*um<m«MicNk ocoMT mrmmmaoamtcfeunm^m roMac^oiAffavcMMtnMaMuncnoMaMTUMf uaaiM ^i^mw9»m^vcmm€9%mmmm MKHTOiatlWf «U3««nMHaB»*\«K*CR>«S*V9aO«V*? Hr«i«T ------------ ■ ' ■ -q »^i>yiy~wiw^cr— M »*icnct MU. • *■ u«*M«i««itiiotanoM»i«MOBMaair«v*«a TENNIS COURT PLAN 1/8" = r Oates t2JUf« 2Goph«Sl[M0i«Ca tiuan UJ^tm 2 Sheet 3 of 3 Tennis Court Project Devries Residence 2180 Abingdon W^. Orono. Wn james n>bin S93S fl^ec^roedescelfior«mimaesoia 6S33i 3133 na«r«3»i« ShiriMM • U ^ r*- * ■ > •^:.- J*;. ■’S'v.r’..;• .'-'^ 1/ J Bonestroo Rosene Anderlik & ^ I Associates Engineers & Architects r-i■oncitroo. kottfn*. AnderNli and Aiioclalti. Inc. Ii an Arrirmatlva Actlon/Idual Opportunity fmploycr and imploytt Owntd Princlpali; Otto G 6on«stroo. FC • Marvin L Sorvala. PC. • Glenn P Cook. PE. • Robert G. Scbi^cht. PJ • Jerry A Pourdon. PC Senior Contuliantf: ffobert^ V. Rosene. PE. • Joitpn C. Anderlik. P.C • Richard E. Turner. PJE. • Susan M. Cberitn. Cf A. Aifociate Principals: Keitn A Gordon. PE. • Robert R Pfcirerie. PE • Richard W Foster. PE. • David O. Loskota. PE. • Mark A. Hanson. PE • Mi.haei r. Rautmann. PE. • Ted K. Field. PI. • Kenneth P Andersoa PE. • Mark R. Rolls. PE. • David A. Ronettroo. M 8 A. • Sidney P MlilNamson. PE. L S • Agnes M Ring. M l A • Allan Rict Schmidt. PI • Thomas W Peterson. PE. • James R Maiand. PE • Miles B Jensen. PE. • t. Phillip Gravel ill. PE. • Daniel J. Edgerton. PE. • Ismael Martinet. PC • Thomas A Syfko. PE • Sheldon j Johnson • Dale A Grove. P£ • Thomas A Roushar. PE • Robert J Devery. PC. August 15,2002 Offices: St Paul. St Cloud. Rochester and Wiiimar. MN • Milwaukee. W1 • Chicago. IL >R%bslte: WWW bonestroo com Wendy Bottenberg Zoning Administrator/PIanner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Devries Tennis Court File No. 139-02-000 Plat No. 02-2819 Dear Wendy: We have rev iewed the plans for the proposed tennis cou.t construction at the Devries residence. The site is located at 2180 Abingdon Way. The proposed work includes soil corrections and export of excavated n*aterial to 2150 Abingdon Way. We have the following comments with regards to engineering matters: • The existing drainage easement dots not encompass the delineated wetland along the east and west property boundaries. The applicant should to correct the d.^ainage eiisemcnts to provide coverage over all wetlands on the property. • Heavy-duly silt fence (detail attached) should be installed prior to any construction activity. The silt fence should ^ installed at the loc ations highlighted on the attached drawing. • The drawings should identify the alternate septic site location on Lot 6 sc that it can be fenced and protected from construction activity. • The narrative provided by James Robin quantifies total cut and fill of 1,040 cubic >ard.s of material. Approximately 120 cubic yards w il! be trucked off site and 500 cubic yards will be installed on Lot 5. The applicant should identify if 1040 cubic yards is the net excavaiioi*. or w.ncther this is the sum total of all prop-?serl cuts and fills If 1040 cubic yards is the net e.xcavation the applicant should identify whete the remaining 420 cubic yard.s of e.xcavatcd material will be placed. If you have any questions please call me at (651) 60^1-4863. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. Cc: Greg Gappa, City of Orono 233S West Highway 3* • St. Paul. MN SSI13 • 651-636-4600 • Pali: 651*636-1111 X* r.». ■—•■■■Mktm iiM«iati$ , 't • . ^ <« *V- « • V u • ♦• **^ .•. V \J. : -1®S c,•-C^ Vrfr: ' . . . . .> ". •. ■-**»% ■• *'^*'* ■♦ *'* ,.« m -•' ? •- • ^.'iJ '■>.i j-2'^i^ ■••' 4 . «•.' L*.* *i >f. v» • * % • , 1 j ♦ ^ t •' .*■ ‘.*. I 0*1 %. «: s . V -• 4 • •* "VT ,-.,»•* ». i’t/^'-iri?T ’C\^'-‘-' '•r^r- V - r- '■ .v.* -'- T^-' •••.■■ - .: . I o ?..'y N »—Ik I r * - •' ^rs* * . 'S^ AV. 1- '«c>-■■»3! >>i P .« < : ■;. -.-V -'jJ *1^ 'i~rj . -.-r,. 4 4' ^.p. ^-•■■■MtliHiHpBiiiiBil^^ >} 4 1: v.rvsg- H^r.- . ■».: -»• f '' 1 1 4 , - ''jA • *■>' I *it:J .'» •* '^7 ' Jf^>r ^ .*. ^.•.4 REQUEST FOR COUNCIL ACTION mceti NG ^^2 6 2001 ciryoFOfto/vo DATE: August 26,2002 ITEM NO.: Department Approval: Name Gregory A. Cappa TiUc Director of Public Services Admlobtrator Reviewed: Agenda Section: Public Services Directors Report Item Description: North Arm Lane Paving Project* Resolution At the August 12"* Council meeting, a Public Hearing was held for a possible assessment project for the paving of North Arm Lane. This street is the only remaining gravel road in Orono. There arc seven residences that have access from North Arm Lane. The City Engineer has completed a Feasibility Study for this project and the estimated project costs are S31,835 which results in an assessment of $4,550 per property. The annual cost at 6.5% interest over a 10*year time period is approximately $650 per year. Five of the seven property owners were present and spoke at this hearing. Three of the property owners were in favor of the project and two owners were not in favor of the project. One of the owners present stated that there was a property owner not in attendance that was dso not in favor of the project. At the time of the Public Hearing, we had not received any comments from the seventh property owner who is currently residing in Arizona. After discussing this project, the Council directed City staff to contact the two property owners who not in attendance regarding their interest in the project. I had a phone conversation with one of these property owners. She is not interested in this project for several reasons. She has lived on North Aim Lane for many years and likes the “Country Lane “ aspect of the gravel road. She also stated that all of the newer property owners want the road paved even though they knew it was a gravel road when they moved there. The size and value of the new houses and rapidly rising assessed property values and corresponding tax increases was also expressed as a concern by this property owner. Her propert)' is located on the paved area of the road near the North Arm Drive intersection, and that she would not benefit from the project was expressed as another concern. (Actually, the pavement in this area is in very poor shape and would be reclaimed and paved as part of this project.) I have contacted the property owner, who lives in Arizona by telephone, and did not receive a response to my voice mail message in which I specifically asked for his comments on the proposed project. We have received a letter in support of the project that the property owner requested be provided to the Council for this meeting as he will be unable to attend die meeting. This letter is from one of the residents who spoke in favor of the project at the Public Hearing. There may be neighborli residents in attendance at the Council Meeting. Page 1 of 2 If the Council believes this an appropriate and beneficial project, the next step in process would be approval of the resolution orde^ preparation of plans and specifications for this project. The st^s preference is that this project be completed, as a paved road would require less maintenance than the existing gravel road and would also reduce the amount of time spent patching the poor condition pavement on this road. Gravel roads also require continual adding of aggregate base to replace the aggregate that is either plowed off or washed off the road during heavy rains. Also, this is the only gravel road left in Orono, and it is inefficient to drive the road grader out to the site just to blade one road. COUNCIL ACTION REQUESTED: Approve/ Not Approve Resolution Ordering Preparation of Plans and Specifications for the North Arm Lane Paving Project Page 2 of 2 L**..i August 21,2002 Honorable Mayor and Council Members - I am writing this letter in favor of the proposed resolution to pave North Arm Lane. The City has addressed the concerns raised in opposition of this resolution. The assessment term has been increased from flve years to ten years. This has resulted in a decrease in the annual assessment to approximately $650. Additionally, there is a mechanism in place to defer the entire assessment for qualified residents over 65 years of age. The character and charm of North Arm Lane will not be compromised by this proposed action. The lane is not being increased in width, nor will there be any curb or gutter improvements. The vegetation along the lane will not change. The character and charm of the Lane is drawn from the surrounding lack of density, abundant wildlife, scenic views and distant home setbacks. Not from the gravel surface of the Lane. The high maintenance gravel surface of North Arm Lane is a nuisance for both the City and the residents living on the Lane. The incessant erosion and potholes make travel a nightmare ....Ice forms on the Lane in the winter, without a black base to facilitate snow melt, which makes travel hazardous.....Gravel washes down driveways and into lawns, then is tracked indoors....Our children are afraid to skate and bike on the gravel surface of the Lane, and so do not learn how. As you can see, this present condition has adversely impacted our quality of life and is intolerable. This was discussed at length at the last Council meeting. Furthermore, the City is expending considerable time, effort and expense in maintaining the gravel surface. It is a hudship for the City to send it*s grading machine miles and miles over busy roads and highways to blade the gravel on this very short lane. There is no other City maintained gravel road in the vicinity, which I am aware of, to justify the effort and expense of maintaining the gravel on North Arm Lane. This just does not make sense. 1 urge you to support this resolution to pave North Arm Lane. It is in the best interest of the residents and the City. Thank you. Jim Neilson 340 North Arm Lane Orono, MN 55364 952.472.6968 home 952.473.0993 work A RESOLUTION ORDERING PREPARAtlON OF PLANS AND SPECIFICATTOI^S FOR NORTH ARM LANE PAVING IMPROVEMENTS WHEREAS^ the City of Orono is a municipal coiporation existing under the laws of die State of Minnesota; and WHEREAS, the City Engineer has prepared a feasibility study to determine the feasibility of paving North Arm Lane; and WHEREAS, on July 22, 2002 the City Council adopted Resolution No. 4843 receiving the feasibility report and calling for a public hearing for the North Arm Lane paving improvement; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 12th day of August 2002, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby direct the City Engineer to prepare plans and qiecifications for the paving of North Arm Lane. Adopted by the City Council at a regular meeting held on August 26,2002 by a vote ayes and____nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor M “ • "4-"; ‘ M ^ 1 26S3J7 RES *■— %itf \c /# •i -1____________ J/1J Bonestroo ^■Rosene &S AndeHik & |\J| Associates Engineers & Architects July 17.2002 tean#, Asie«fMl ane Ajf#iJ«C€f. It sn Affl#m«tlv* Acil«n/leual OppgrtiwUy guyff^gf RfIfKl^alf: Olto G, lontstiee. fJ. • M«nHn L Sorvgiji. Kf. • Otnn «. Cook, fJ. • G. ScfMcllt. ftl. • itrry A levkiofv ra. S€nl«f Cmyttuts; iBim W.Betfwt. M. • io.tpA C AnetrWi. M. • tlcfure i. lUw. 911. • SuwUC Otriix CJ»A. Ait«cl«t«rtliid|Mti:MMiAOe«BwiM.*Roetnt.n^rftfft.fX*RkfMrew.rosCff.flf.eD#vMO Ufkat^ . Mark A HmoA RX • a«cflMl 1 taifMfia M. • M C. flifC M. • Mivitffl 9( Andtnoa Rf. • M»t I. aoiTL Kf.VOavW A BofitfireA AABA • — ■ e .. ^ ^ ^ ^ let—ix rx. T9Mm«iW.RtltrMAKC«iMtt.ilMidlM.e MM ii itm«A PJ. • L 6ravf< A f& • Dmi X ftfgcrtoo. PX . lmtfM«rflntl.Pe.e Them«ASyfho.PC.«S»)cidoAXiohnMO« 0«it A Grew. Pf. • THoiiim A RouMM^ • token X OMryL tf. orricoi: Sl fom. Sl CloudL Rocfiofttr M WMnur. MN • Mtfwauket. Wl • Oikogo. §L wwwaontftiooxofli Honorable Mayor and City Council City of Orono POBox66 Crystal Bay MN 55323-0066 Re: Feasibility Report North Arm Lane File No.139-02-00 Dear Mayor and Council: As directed by City staff, we have reviewed the existing conditions on North Arm Lane in Orono. The roadway is located north of North Arm Drive in the northwest quarter of Section 6. North Arm Lane is a public dead end street, 14-feet wide and approximately 950 feet long .•serving 7 properties. The southerly end of the roadway is paved from North Arm Drive to approximately 300 feet north, the remaining length is gravel. Several residents have expressed an interest in improving the roadway. Proposed Improvement-s include paving the existing gravel surface to 14-feet in width. Work would include patching several potholes in the gravel road and reclaiming the existing bituminous surface at the south end. The roadway would be graded and paved with 2-inches of bituminous base and 1 V4 inches of bituminous wear course. Once the paving is completed 2-foot wide gravel shoulders would be installed to protect the edge of the bituminous road. The street improvements on North Arm Lane are feasible from an engineering «;tandpoini. The project is necessary to provide a safer and more uniform driving surface. The capital cost as well as operation and maintenance costs have been considered in determining that the project is cost effective. The costs of these improvemenu are interrelated and should be assigned equitably to the adjoining property owners. The following recommendations are presented for consideration by the Orono City Council: I. That this Report be adopted as the guide for improvements to North Arm Lane, 2. That the City conduct a legal and fiscal review of the proposed project prior to the public hearing. 3. That a public hearing be held on the proposed improvements. The tout estimated project cost of $31,835 should be incorporated in the public notice. The total estimated cost of S31,835 includes a 5 percent ctmtingency, a 25 percent allowance for design, inspection, legal, and administration costs, and a 5 percent allowance for capitalized 2335 West Highway 36 • St. Paul. MN ssnj • 6SI-636-4600 • Pax: 6SI-6S6-I3tf inter^Md bowling cwts during coostniction. The per unit assessment would te 14 k. ^ on a total of seven units. The project will be constniLd wi^^ Citv A ft, ^ «p« Wid, d« o»«U « Ci.y «« « „, Respectfully submitted, BONESTROO. ROSENE. ANDERUK & ASSOCIATES, INC. Tom Kellogg I hereby certify that this plan, specificaUon or report was prepay by me or under my direct supervision and that I /X^»*0»a. Thomas P. Kellogg, P.E. —July 17.20Q2 Reg. No. 26917 CITY OF ORONO NORTH ARM LANE STREET PAVING BRA FILE NO. 139-O2-0 STREET IMPROVEME^ COST ESTIMATE EST. UNIT ESt. _____________item______________UNIT QUANTITY PRICE GOST Mobilization Reclaim bituminous surface Aggregate base. Cl. 5.100% cmshed Aggregate base preparation Aggregate shouldering. Cl. 2 Type 41 bit. wear course Type 31 bit. base course LS bY TN SY TN TN TN Estimated Construction Cost 4- 5% Contingencies Total Estimated Construction Cost •425% Engineering. Legal. Administration Total Estimated Project Cost 1 415 50 1640 110 150 200 $5,000.00 5.00 12.00 2.00 15.00 35.00 32.00 North Arm Lane Paving Coat Etdmalejds $5,000 2.075 600 3.280 1.650 5.250 6.400 $24,255 __L213 25.468 6.367 $31,835 \ •l i 08/26/02 NON 10:20 PAX 763 765 6333 XM IND UNDERWRITING 12002 LfKfJf PMIM 345 North Arm Lane Orono, MN 55364 H: 952.4725941 W: 763.765.6396 Re: Paving of North Arm Lane August 26.2002 City of Orono 2750 Kelley Parkway P.O.Box 66 Crystal Bay. MN 55323 Attention: City Council Members As you may recall, the concerns raised by the after each rainfall due to the steep grade on two parts of the road • gravel In lawns and driveways due to plowing, weather, and normal driving • lack of stable, safe surface for our children to skate or ride bikes • vehicle alignments required due to hitting d?ep potholes ' «alu«. the CMts o( or.^ -atS ■morn, you’ll atn, the City wll cteerty bmeflt Irnn imotoilno project needs to get done and is a fair and reasonable expectation. &S~?. KTiss, muttiple hoticae of the heating and three tailed to .tMaV;;.^^ a., .~rS:i::.T . “»»»lime to attend thJ hearing, eeeme onhilJ^ijJS^rillSSSLyour protocol. Sincerely, Dave Sippral .t«%W L mcetInSF^^®^ COUNCIL ACTION 2 6 2002 DATE: August 26,2002 CITY OF ORONO ITEM NO.: Department Approval: Nine Giegoiy A. Gappa Title Director of Public Service Adminbtrator Reviewed: Agenda Section: Public Services Directors Report Item Description: Request for Final Payment, Shoreline/ Heritage Sanitary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment, Shoreline/Heritage Sanitary Sewer Project to G.L. Contracting Inc. in the amount of $11,291.96 ll£« «8Andertk& ^Assodtts iii|kiMn44RMMdi Owner Citv of Orono. P.O.Box 06. Crystal Bay. MN 86323 Data:August 16.2002 For Period: 7/22M999 to 6116/2002 RaouastNo:5/Final Contractor 0. L. Contracttoo. Inc.. 4300 Wilow Ortva. Madina. MN 55340 CONTRACTOirS REQUEST FOR FAYMENT EOQEWOOO HILLSMERITAOE DRIVE BRA FH£ NO. 13946-100 SUMMARY 1 Original Contract Amount Chang# Ordar • Addition Chang# Ord#r- Oaduction R#vis#d Contract Amount Valu# Compiotad to Oat# Malarial on Hand Amount Eamad Laos Ralainaga 0% Subtotal Lass Amount Paid Praviousiy Liquidatad damagas • AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 4 5 6 7 8 g 10 11 12 279.194.07 $. $ 0.00 spinal 279.194.07 225,839.21 0.00 225,839.21 0.00 225.839.21 214.547.25 0.00 11.291.96 Raoommandad for Approval by: BONESTROO. R08ENE. ANDERLIK ft ASSOCIATES. INC. Approvad by Owner Spacifiad Contract Complalion Data: SaptambarS. 1999 Oata: i No.IlCIR 1 rp 2 rp 3 S“P 4 8"P 5 8“P 6 Con; 7 Sid. 8 MH 9 Cle.T 10 Dire 11 3" F 12 Con 13 l-l 14 3 “.\ 13 3"x 16 l-l-: 17 8-x wye 18 4-r 19 4"P 20 Imp 21 Mec 22 San 23 TraJ Tola Par; 24 Bilt 25 Con 26 Clai 27 Typ 28 Typt 29 Geo 30 Bitu 31 Bilu 32 Clea 15,8* 10*deep in place >5. lO** 1 2*deep in place 15.12 • 14 ’deep in piKe )5.14'* 16' deep in place 15.16 ‘« 1 8'deep in place C10 existing manhole 4' die.. W/RI642B cstg. er than 8* deep ole as per deuil : 8" HOPE SDR 17 II. trenched in place .’E to manhole as per detail ti box, insttlled as per deuil fe 'E reducer OR I! 'HOPE compatible service ?ipe in place. SDR 26 'iser pipe in placet, SDR 26 in. in 6" increment depth :h compaction .‘levision inspection nita.*^ Sewer .lion icing removal ;ion base (100% crushed) JUS base course nous wearing course rial for tack coat t patching abing Unit Contract Quantity Unit Prkc Quantity to Date Amount to Date LF 45 20.40 61.5 1.254.60 LF 680 22.20 635 14.097.00 LF 320 24.50 260 6.370.00 LF 230 27J0 286 7.865.00 LF 300 31.40 300 9.420.00 EA 1 2.037.70 I 2,057.70 EA 9 1.552.40 9 13.971.60 LF 39 124.60 38.8 4.834.48 EA 1 1.867.40 1 1,867.40 LF 500 47.30 489.5 23.251.25 LF 810 13.10 1204 15.772.40 EA 1 523.00 1 523.00 LF 5 190.30 7 1.332.10 EA 3 55.30 7 387.10 EA 5 36.80 7 257.60 LF 200 10.70 200 2.140.00 EA 13 168.00 17 2.856.00,' LF 480 13.50 480 6,480.00 LF 170 13.50 170 2.295.00 LF 3.150 3.20 100 320.00 LF 2.250 0.10 2200 220.00 LF 2.075 I.IO 2032 2,235.20 LS 0.73 2.351.30 0.75 1.763.48 121,570.91 SY 2.600 2.00 2100 4.200.00 CY 700 7.80 700 5.460.00 TN 1.400 12.60 1032 13.003.20 TN 230 35.80 358 12.816.40 TN 380 30.50 302 9,211.00 SY 1.700 1.40 1300 1,820.00 CL SO 2.20 75 16S.00 SY 390 24.90 755 18,799JO LS 0.90 13.224.00 0.9 11,901.60 ‘ IT SIMM VOOOWWmflra.. ■ Vagtn^»^"»>**-*^*^*****^i 33 Bituminottsdrivcwqrmioniion 34 Concrtiedrivtwqf icstoiaiion 33 Rctnovc txiiting CMP culvert 36 Furnish and install IS" CMP culvert 37 l5"CMPfl«cdand 31 Sod with 4” topsoil 39 Saod with topsoil, mukh and liniilinr 40 Erosion control ftnee 41 Furnish and plant Evergreen Tree (Blue Spruce) 6* high 42 Furnish and plant shade tree (Siigar Maple) 4" diameter 43 Remove and transplant bushes 44 Remove and transplant tree • Desiduous 43 Remove and transplant tree • Coniferous Total Part 2 - Restoration SY SF LF LF EA SY AC LF EA EA EA EA Total Part I • Sanitary Sewer Total Part 2 - Restoration Total Woilt Completed To Date K.\t3BlNMMo(«ra«iaaM.wb2 1,200 600 40 40 2 14400 0.1 1,300 6 6 6 6 1 14.10 7.40 10.30 21.00 13240 240 4,401.00 340 90 1469.00 344 4.02340 7647 19.11240 357.70 313.70 41340 12.70 315.70 383.70 1.137.10 10446840 121,370.91 10446840 223,839.21 < V PROJECT PAYMENT RTATUS OWNER BRA FILE NO. 130-9S-100 CONTRACTOR CHANOE ORDERS • Total Ctiango Ordtrt PAYMENT SUMMARY No.From To Payment Retalnage Completed 1 07/29/98 08/17/98 51.367.36 2,703.55 54,070.90 2 08/17/98 10/02/98 127,528.76 9,415.59 188,311.71 3 10A)2/98 11/03/98 24,551.80 10,707.79 214,155.71 4 11/04/98 07/21/99 11,099.33 11,291.96 225,839.21 Sffinal 07/01/99 08/03/99 11,291.96 225,839.21' ' Malarial on Hanri Total Payment lo Data $11,291.96 Original Contract $279,194.07 Ratainaoa Pay No.S/Final Change Orders Total Amount Earned $11,291.96 Revised Contract $279,194.07 MHitOMEOinitij* REQUEST FOR COUNCIL ACTION DATE: August 26,2002 ITEM NO.: jlf Department Approval: Naoie Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Request for Final Payment, Highwood Road Storm Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Final Payment , Head Property Sanitary Sewer Project to Minneomm Inc. in the amount of $39,755.00 f''.. n I i ( AnM« OmtiT ClhMl*Oiiino.P.O.aoK«aLOtawo.>IN 863 2341066 ForPwtod: moofatavtinm_____________ OMr JNouwttte: Auoiiyl21.2002 1AND FINAL CDfitTMlDr MMioofivnUnditMNJfidUlWvOofitlniciofi. 19408hidvAoMlJfif. Mofi. MN SS051 CONTIMeTOirt ReQimT ran FAYMINT MOHWOOO AREA trOIM KWER MPROVtllCNTA BRA FEE NO. UMM14 SUMMARY 1 OiigiMlCartnclAfflOunl CtangaOrdAT-AMMon Clwno* Ortar • DaducOon Ravtoad Contrad Amount Vafcia CemploMd la Data Malarial on Hand Amount Eamad Laaa Ratainaga 0% 2 3 4 8 6 T 8 10 11 12 30.788.00 s f OJO OAO I 30.788.00 Laaa Amount Paid Pravioutiy Uquldaladdamaoaa- AMOUNT DUE THIS REQUEST FOR PAYMENT NO.1 AND FINAL 30.78600 0.00 38.7S6iK> MO 30.786.00 OOO RaoommondadferAppievalbY BONBSniOO, ROSENE, ANOERUK A ASSOCUTES. MC. MBMCOMM UNDEROROUNO UnUTY OTVOFORONO BpadRad ConOaol CompMon OalK 30.200 .'■;' ^y..- /> ^ BOtSSTRCO ROSF.NE ANDERLXK 9 6S16361311 08/21/02 08:42 Q :02/03 N0:6S6 1 2 2 4 8 8 7 8 9 10 11 12 IS 14 12* Horn irHOKalonn .CiMtS ClM4 M nnrfom Kind plMMi iftinhflli ind GMlbiQ 40ll>9owill4wH Wnfly Miliintt liMBi Efoiion canM MwIhI Sodding, Imn lypa ToMBdWiid (Ml CofdrMi MM QVMOW .Awiwt OMOnMy Mn MBM tdBM» IF 280 80,00 210 81S,0004»IF 20 8000 20 81.000100EA28700.00 2 813.400.008A1183.900.00LF1040.00 10 94004)0lA1280.00 1 929a00CY8ssaoo881.000MCY921008812&00EA1800.00 1 8488 88 EA 1 14004»1 81.400.00EA1i2oaoo181JOOOOLF2003J02008700.00•V 40 2.00 40 8004)08V4003.00 400 81.20a00 m.788.00 TotriOiMBM ToW Work ConwMid To Ooto 839.788.00 830.788.00 BONCSTRCO ROSENE ANDERLIK V 6S16961311 OB/21/02 08:42 0 :03/03 N0:656 MJICr ^AYUmr tTATUt OWNER CTTYOPORONO BRAnUENO.iaMMl4 CONTRACTOR MINNCOMMUN OROUNO URUTY CONSTRUCTION RAYMENT SUMMARY No._____ Frani M •MwWonHMid •k tniiiirtiii iiifcania rtiM ■ «rrl— I I nnir L T AUU 2 6 2002 REQUEST FOR COUNCIL ACTION C\TY 0»* OHONO DATE: August 26,2002 ITEM NO. Dcpartnciit Approval: Name Gregory A. Gappa Titfc Director of Public Services Administrator Reviewed: Agenda Section: Public Services Directors's Report1A Item Description: Approve Purchase of GolTCourse Tee Mower The year 2002 Golf Course Capital Budget included $21,000 for a replacement tee mower as the existing mower is six years old and is in poor condition. We have obtained quotations for this mower. The quotations are listed below. Greenlmage Inc. Hastings, Minnesota John Deere Model 2653 A Professional Utility Mower- 3WD Cost $19,800 Price includes $2,400 trade in value for the old mower. MTI Distributing Plymouth, Minnesota Toro Reelmaster 3 100-D Triplex Trim Mower Price includes $750 trade in value for the old mower. Cost $20,211 COUNCIL ACTION REQUESTED: Motion to approve purchase of the following replacement tee mower to be funded from the year 2002 Golf Course Fund, Capital Equipment Budget. Greenlmage Inc. Hastings, Minnesota John Deere Model 2653 A Professional Utility Mower- 3WD Price includes $2,400 trade in value for the old mower. Cost $19,800 f AUG 2 6 2002 CITY Uf ORONO REQUEST FOR COUNCIL ACTION DATE: Anguft 22,2002 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Naac RonMoorse City Administratoi't TUk City Admiiiinntor Report Item Description: Payment Request-Long Lake Fire Station The City has received one invoice for payment from Kirk Program Management (Project Manager) for July services: $4677.50. COUNCIL ACTION REQUESTED: Motion to i^>prove the request for payment in the amount of $4,675.50 to Kirk Program Management, to be funded from the Joint Fire Station Fund. dHAiiOdliibi ia.i 4 t \ Ilfs REQUEST FOR COUNCIL ACTION (Ur.Auy 2 6 2 Cirv ur ORONO DATE: August 22,2002 ITEMNO: /7 Department Approval: Naa« RooMoone Tula CHy Administrator Administrator Reviewed:Agenda Section: CHy Administrators Report Item Description: Application and Certificate for Payment No. 4-Long Lake Fire Station Rochon Corporation, the General Contractor, has submitted Application and Certificate for Payment No. 4 in the amount of $357,982.50. This ajqtlication has bMn certified for payment by both the Architect and Project Manager, and a lien waiver related to the amount of this payment has been provided. COUNCIL ACTION REQUESTED: Motion to af^rrove Application and Certificate for Payment No. 4 from Rochon Corporation in the amount of $357,982.50, to be funded from the Joint Fire Fund. ■n 08/12/2002 13:48 FAX 681 228 4741 CONSTRUCTIVE IDEAS «002 ' ■ ^1*1 T:t •• . Jj \ t f I WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS Aagiutl,2dd2 For food lod vilnabte couidmtkn. die undamined Iwicby nravocably uid uncoodiiioaally ud lekuM uy MMl lU (•) liiMi nd ckimi for a conitnietioa or other lien on lead asd buildiiigi being oooitnieMd, alfored, orected or rapoiied and to Die appuitoaaiKet dwreiBto, (b) righto ind claims oa any p^mntboDd(t) fomiihed in coi^uiictkm wifo said ciniitiuctkm. illmtioB, ctfclioo or rqMir, and (c) ijgbimd diinM ftv Uco 00 loooeyi boodii or wunoli duo or to becoiDB due to tho prinB cootnciar teeftr. Tteprapetty covered by foiowiivaioowaed by »^n*««A«,«**4Ml^l^ riwStitiooMidtliiiwiiwpwteiMtoapgrtwp «f iiM. uric to he perfanned bv Rochon Coiporatiop (prime cootractor). lliii wsiva coven ell labor, material aud eoppliea for constnicttoii, aheration, erection, and lepain fcyii«.miA««i|tieitinwtereefliiiiMtwMiatv of LoMUketlitouoh the date of tbii waiver in the TTff" i^iMpoBn FIFTY SEVEN THOUSAND NINE HUNDRED EIOHTYTWO A pr;>l JARS ^1357.082.501. Thia lien waiver ia not valid until the amcrtint tilled above hu been received. 6RACI: L. CURGHARDT Qm NOTARY PUBLIC - WNNESOTA XS0VM, oomm. EipkM jm. SI. aoaa Company Name Rochon Corporation Its Vice Presideot Contractor Waiver Form . i j \j8/;«/2002 13:46 PAX 661 228 4741 CONSTRUCTIVE IDEAS 81003 **HJeAT«liMaCtnPICA1iWOMVM1TWUMimn»AI»BOCMMniT«TMI 1% lIMPiit Ml fllt.01 MNI844? pMivM iHMowiX trnmtkm om »mm i. loot Ttiil M CaiMii !•! 07011.... 0. 1OTM.IMMOll0l«TAiMA0L. |||PIS4lMliDSiTMg« 7. USiPOfVIOMCOfTVICAflsm 7AVM0IT lUM 0 Hm «i6w OirtMsoOit. 0. CWMMTF^VMIfTOUl............................... 1. M&ANCtmmiiKnuiwrAiMAai.......... IO.tii.T7 M4.00l.f0 •*.». I ..... I ..... • 1t0.0tlM If7.f01.l0 1.4lMf4.f1 mm9t GRACE L BURGHARDT NOTARY PUBLIC - lONNIBOW Conm. E9i««M JMt at. Ml ^ IM iMi III i«l •! AiifiMt tool St« TO POO M IM4R MAmM ' OM • OM fM 90 9m AmMimi*s Iw«MM MMhOi WM IM iliMMi M 0« OMM 41 OM WM« IB ID iilQi Om riMMi rriTMTini r^rr**!——• ^ •lOMAMOUHTcmnwo lAassii MOHIiCT ___________ IMS OtrOOSM lo IM ONhi M Mb CtmiMOBf IM A6B0UHT CMTVifO IB Hf*t II MSI. OirWBWHWB « mi 4BMB ¥ m 0«MM Bf mOb# OliB Cirmi. 'mm j 08/12/2002 13:46 FAX 651 225 4741 CONSTRUCTIVE IDEAS 12004 « V ^A0C20Pa COMTINUATIQN SHUT 0702 JMCAtlMOATti LONOlAKimilTATION 4 COMTMCTOirt PNOJICT HOt 07f OiaOOlCMUCiiQ OUM HCTOVmUOOOM OOOO C04MOOOOM OM10 MOOOWMOOWt OWOoloU^tKOtAnNO OAVWALUVt otiodctMMCiQUAmv TU OM40 ACOiltnCAL C0UMI V OftfolcMVCT/VMVt TKf GPOXVPlOOil OnOQ MMTMQ/VINVL lOSM aAOKXff 10140 rotiTMOimONt 14100 OOttJL/TACf ■OAAOt lltto nOOOMATf 13100 VMOf CU4TAM 11130 MJKTIOMfCWfN 10400 m^c pRoncnON loooolmcTfiou. lUOTOTAi Ffl 173.441.44 11JJ440.44 4.477.44 73J44.44 14.14444 27.41444 4.744.44 1M4440 114J4444 400.04 7.47404 24414.44 44.40400 1.404.00 14.4M.00 14.14400 44.30400 13.710.00 4.774.00 12.747.00 24t3t.00 11.14440 1.111.40 1.74400 1.734 00 11.47040 14M04 44440 1.112.00 1.01100 04000 1.444.00 1.310.00 4040 00 140440 131000.04 11440404 11440.44 141.000 04 1.444.100.00 111.440.00 a.01144 1144744 10773144 1.44144 OuOO 404 040 1100404 400 7.00404 0.477.00 440 000 400 too 400 0.00 400 0.00 400 0.00 000 400 000 000 000 400 040 400 400 000 000 000 400 0.00 400 400 000 400 404 4.04 400 400 140400 0.00 400 1400.00 101701.44 11.34141 1111.47 400 404 404 400 4.04 0.00 7.00044 173.443 00 •4.00404 440 44.141.00 13.000.00 400 IIOMO 040 400 130 00 400 100 000 040 0.00 404 400 000 000 000 000 400 000 000 400 400 400 400 400 400 404 400 400 400 400 1004.00 14.03100 144 10.000.40 111411.41 1M1144 400 400 440 400 440 100 100 100 100 014 104 144 144 144 100 100 100 0.00 100 0.00 0.00 0.00 100 400 0.00 000 400 000 400 0.00 400 000 400 400 400 0.00 400 000 400 000 000 900 000 003 400 400 040 000 440 TOTAL TO Oft 31.144.il 11447.04 147.73404 1411.00 0.00 0.00 000 Hfloioe 17144340 1740104 447740 41141.00 2340400 000 1104.44 000 0.00 •30 00 000 0 00 0.00 400 0.00 ooo 0.00 0.00 000 0.00 400 000 400 400 400 400 400 0.00 0.00 000 0.00 000 400 000 000 10.004 00 14.01S.00 000 1400400 •11.113. tf Util 17 40 100 31 100 •0 100 31077.37 400 14.100.00 14.44040 7t.t00.00 llfJO.00 47.900.00 •140040 040 •C09400 OOO 14.34340 3.10400 ll.llf 00 4.33404 33.00400 114.44400 70.00 7.071.00 2J.i14.00 40.000.00 3.044.00 M.IM.OO 14.300.00 40.30000 13.744.00 4774.00 3179740 HU444 31400.00 1.11100 1744 00 173440 3147140 1.049 44440 1.11144 191100 •0440 1.400 04 1.31144 4.044 00 1.00400 1U.40400 14144100 31.44100 144400.00 1.317.141.41 40.013.33 1.497.33 79Q49 •.344.40 4140 100 100 100 1.30040 440114 343.41 141114 1.110 00 400 37119 400 0.00 39.90 0.00 0.00 0.00 040 404 OOO 400 0.00 400 0.00 040 400 400 OOO 400 0.00 400 0.00 OOO 0.00 0.00 0.00 400 000 400 •00 80 701 74 040 440 00 If.lit 04 1.434 04 rout AU(i 26 2002 CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: August 22,2002 ITEM NO; Departnent Approval:Adniinistrator Reviewed:Agenda Section: Nhic Ron Moorse City Administrator's Title City Administrator __Si____Report Item Description: Appointment of Buildltng Inspector The City iias adveiti&'Ml to fill the vacant Building Inspector position. The top candidate is Bruce Vang, who worked as a building inspector for the City fix>m 1989 to 1999. Bruce is veiy well qualified for the position. It is reconunended that he be appointed to the building inspector position effective Tuesday, September 3,2002, at the Level 2, Step IV rate of $23.34 per hour. COUNCIL ACTION REQUESTED: Motion to appoint Bruce Vang to the position of Building inspector at the Level 2, Step IV rate of $23.34 per hour, effective Sq>tember 3,2002. ..rrcTlNQ AU(j 2 6 2002 CITY UF ORONO REQUEST FOR COUNCIL ACTION DATE: August 22,2002 ITEM NO: / ^ Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator's Title City Administrator ________________________________________________ Report Item Description: NPDES Guide Plan Payment Authorization The Council has authorized the City to participate in a multi-city effort, coordinated through the League of Minnesota Cities (LMC), to develop a mandated NPDES Guide Plan. This plan is related to the management of stormwater drainage. The coordinated effort is expected to reduce the City’s cost for the development of the guide plan by approximately S0%. The City has received an invoice from the LMC, for its share of the cost of t^ joint effort, in the amount of $5,000.00. COUNCIL ACTION REQUESTED: Motion to approve the payment of the invoice from the LMC for the development of the NPDES guide plan, in the amount of $5,000.00, and to amend the Stormwater Fund budget to reflect the expenditure. >ti iHfiilllfiasrfiifiiin I T MT INVOICE DATE August 12.2002 INVOICE « I PO « I III 1IS94 ID# 246076 Barbara Peterson Orono POBOX66 Crystal Bay, MN SS323-0066 United States Ship To: Orono POBOX66 Crystal Ba*' MN 55323-0066 received ^ 4 POOP uirvu^ofio/vo Description Merchandise • NPDES PHASE II GUIDE PLAN ____Invoice. . Price 5.( _______A— Quantity I Amount ' $5,000.00 t -1. Invoice Total Amount Pre-Paid $5,( L.Current Total Amount ;^-*'OBrvxaaaB INVOICE# I-0000II594 DATE August 12.2002 ■DM 246076 Barbara Peterson Orono POBox66 Crystal Bay. MN 55323-0066 United States PLEASE REMIT TO: LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. W. ST. PAUL. MN 55103-2044 Judy Milligan. Account Clerk phone: 651 215-4024 email: Jmilliga@lmnc.org fax:651215-4109 ThaBh you Ibr your order! REQUEST FOR COUNCIL ACTION AUG 2 6 2002 DATE: August 22,2002 ITEM NO: f Ut-ORONO Department Approval: Name Ron Moorsc Title City Administrator Administrator Revised: V' Agenda Section: City Administrator's Report Item Description: Transportation Study/ Attached is a proposal from the City ’s consultant engineer, BRA, for a sub area transportation study to determine the traffic impacts of the proposed and planned development in the area west of Willow Drive between Highway 12 and County Road 6, and including the property in the southwest quadrantofHighway 12 and Old Crystal Bay Road. This study is an important element in the City ’s review of the Dahlstrom development proposal, as well as an important tool for planning for future intersection and roadway improvements. The cost of the study is $9,500. The Dahlstrom group has indicated a willingness to pay a portion of the cost. The costs can be funded from the City ’s Public Improvement Revolving Fund. COUNCIL ACTION REQUESTED: Motion to authorize BRA to move ahead with the sub area transportation study, at a cost not to exceed $9,500.00, and to amend the Public Improvement Revolving Fund budget to reflect the expenditure. I i iI ! ( ‘ :! i I 1 :1 • I i BONESTROO ROSENE ANDERLIK R 9 6S16361311 08/01/02 11:54 S:02/04 N0:256 & cmror SUB AREJI TRJUjiP The follftwioB provides s work scope md cost cstunste for h irafficAninspoitstiop study of • sneciric sub sfca in Orono. The sub otea is bordered by County Road 6 on the no^. d» rail l^kage south of Highway 12 on the south. Willow Drive on the east, and Old Crystal Bay Road on the west. What is known as the Dumas property, which lies west of and a^ts Old C^al Bay Road will alio be included In these analyses as will the roadway system that abuts Willow Road to the east. The study becomes necessary for purposes of examining the roadway system in the study mu due to increased development activity and to devise a roadway system that will accommodate near term and long-term land use conditions In Ihls'sludy area. Pursuant to our meeting on July 25. which consisted of a discussion of issiie.s that needed to be addres.scd, we have prepared the following suggested Scope of Work for this project. yoaamaoudi IwaB of W.•J I Task 1 - Data Collectlon/Flcld Reeonnalaaancc We will collect, from the City. County and State any data that is available and appropnate for this study. We will visit the site in order to view existing traffic operations on the areas primary roadway system. If additional traffic counts are deemed necessary, wc will conduct those counu wi a pan of this study. Task 2 - Intersection Analyses There ore sis intersections that will be analyzed u a pan of this study. These arc listed below: m 0 0 County Road 6 and Old Crysud Bay Road County Road 6 and Willow Drive Highway 12 and Old Crystal Bay Road Highway 12 and Willow Drive Kelley Parkway and Willow Drive Kelley r :trkway and Old Crystal Bay Road Existing conditions will be analy7.ed to detemune If existing lanes and traffic control arc able to accommodMie present dey and future conditions. Analysis will include intersection level of service calculations. Future conditions will be based upon year 2015 volume projections prepared as a part of the Highway 12 improvement project. Dependent upon the analysis results, recommendationx will be provided. • • • • V L____i BONESTROO ROSENE ANDERLIK R 9 6516361311 08/01/02 11:54 0:03/04 N0:256 Acccn MaiMfcneiil Tlie neffneni of Old CryittI Boy Road from Hl|hway 12 to County Road 6 will he onalyied with wiyprti IQ to^firom iho ichoolt and City faciUlioa. Aocow to the Dumai property located in thcioufhwcat quadrant of Highway 12 and Old Ciyital Bay Road will be analysed with reaped to potential future development. Kelley Farkway Planning Kelley Parkway will ultimately he eatended from Old Cryital Bay Road to Willow Drive. The Dahlairom development plan will be reviewed in coi\junction with the Kelley Parkway eatenaion. ElomenU that will he reviewed and commented upon include the following: • Roadway Width • Acceu • Traffic Control • Lane Requirementa ■ Parking • Bike Lanea/Ped Requirementa • Streetscope pros/cona TMk 5 - Dahlatrom Propoaal Review The proposed development plan aubmitted by Dahlatrom Development will be reviewed with regard to the following: • Access to Kelley Parkway ■ Internal aireet system layout and widths • Turn lanes to property along Kelley Parkway • Access design concept Taskd-Araa RondwayPlan The existing area roadway system, in conjunction with the proposed roadways, will be analyzed with tegurd to their ability to accommodate future trip desires in an cfncicnl manner. Proposed roadway connections, if deemed advisable will be discussed with appropriate city staff. TMk 7 - Documenlatloii A draft report will be prepared for review by the city. Appropriate revisions will be made and a final report submitted. •• J • • > 1 I • 0 • # ___ BONESTROO ROSENE ANDERLIK R ^ 6516361311 08/01/02 11:54 0:04/04 N0r256 ' Punuam to our Mperience in projects of this type, the cost estimsle to conduct the ttudy, ns outlined ibove. has been pteps^. We estimate the study to be between a range of UfiM to $9,300. We suggest a bujget of $9,300. This Includes the cost of eonducting additional trafnc counts for this pn4^« The cost csUmaie does not include any cost for presenting the project resulU to the Plan Commission or City Goundl. We are avsilsUe to do that, at your diiection, and such work would he billed as additional services. •• • ✓ • • • • •• • I •( • • •f • • I • • #• CO'• ••-ctino Aub 2 6 2 OIIYUFORONO REQUEST FOR COUNCIL ACTION DATE: August 22,2002 ITEM NO = .^1 Department Approval: Naa* LinVee THk City Cleik Administrator Reviewed: h Agenda Section: Licenses Item Description: List of Licenses for Council Approval CLUB FIREARM USE PERMIT 1.Annual Permit for: Park Gun Club 3660 Sixth Avenue North SPECIAL EVENT 1.Applicant: Event: Location: Date: Time: Boyer Building Corporation 2002 Remodelers Showcase 900 Partenwood Road October 11-13,2002 9:00 a.m. - 5:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. iiiaiani niiMf iiiUTini Afe *1.ClTYor ORONO Munidpal Office* SfeMtMdrass: 2750 Kelley Pafhmy Orono. MN 55356 iaiNill Minn: P.O. Bn 66 Ciystal Bay. Ml 55323^ LIMITED FIREARMS USE PERMIT SI0.06 OCCASIONAL PERMIT NUMBER: 2002-001 S25.00 ANNUAL XX(CLUB)PERMIT EXPIRES: AUGUST 31,2003 $25.00 OAMEANIMAbS (Limited Use) REPRESENTATIVE:Ruby Geschwind 4939 Vera Cruz Crystal, MN 55429 763-537-8253 THIS PERMIT AUTHORIZES: PARK GUN CLUB to discharge for SHOT GUNS ONLY TRAP SHOOTING 3660 SIXTH AVENUE NORTH from September 1,2002 to August 31,2003 RESTRICTIONS: This permit is issued for the above purpose. The holder must obey all of the laws and ordinances of the United States, State of Mirmesota, County of Hennepin, and City of Orono in the use of this permit. The permit may be revoked at any time by the City of Orono by notifying the holder in accordance with the ordinance granting the permit. Hunting of game animals or game birds is prohibited in the City unless specifically stated in this permit. Date issued; August 27,2002 (SEAL) City Administrator lUcpboiic (952) 24MMt • fin (952) 2494616 7 I k. Si CITY OF ORONO SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: August 27,2002 October 11-13,2002 9:00 a.m. - 5:00 p.m. Name of Pcrson(s) And/or Organization Sponsoring this Event: Lisa Rlxe Boyer Building Corporation 18279 Minnetonka Boulevard Deephaven, MN 55391 9ft Phone:952-475-2097 Loca ion of Evt nt: 900 Partenwood Road Type of Event:2002 Remodelers Showcase The following documents are required and on file at the City Administrative Offices: • Certificate of General Liability Insurance • Approval from Orono Police Department • Approval from Orono Building and Zoning Department • Copy of Notification of Special Event provided to neighbors on Partenwood Road and Partenwood Lane 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. • Parking is to be limited to one side of the street. • Permit holder will post and remove all signs, including no parking on one side of Partenwood Road. Approved at City Council meeting on: August 26,2002 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 53323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.oronojim.us ■ i ': f' CITY OF ORONO ...................... AOk? i 6 2002 *Check Detail Register® 08/23A)2 7 07AM Pagel AiK3UST2002 iUUtf&8SI£Check Amt Invoice Comment 10100 Primary Cash Paid diiM 074143 8/26A)2 ANCHOR PAPER E 101-41900-201 Office supplies $634.79 140082401 Copy Paper Total ANCHOR PAPER $634 79 Paid Chk# 074144 8/26A)2 ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office supplies $156.40 6013-266657 Water Filter E 101-42110-439 Meeting Expenses $54.50 6013-270680 Coffee Total ARAMARK REFRESHMENT SERVICES $210.90 Paid dhk# 074145 mm2 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txbl $50.62 160 Hot Dogs. Cheesburgers Totol AUOIES MOBILE CHEF $50.62 Pak^ ChMI 074146 6/26/02 BFI OF MINNESOTA. INC E 101-45200-404 Repairs/Maint-Bldgs/Grounds $157.80 1307115 Garbage Service E 101.45200-404 Repatrs/Maint-BMoa/Grounda $78 90 1307198 Garbage Service E 101-45200-404 RapairaMaint-Bldga/Grounda $65.75 1307214 Garbage Service E 101-45200-404 Repairs/Maint-Bidgs/Grounds $157.80 1307388 Garbage Service E 101-41900-404 Repairs/Maint-Bidgs/Grounds $204 88 1307420 Garbage Service E 613-49830-404 Repairs^alnt-Bldgs/Grounds $72.33 1307461 Garbage Service Total BFI OF MINNESOTAJNC $737.46 Paid Chk# 074147 8/26/02 BIFFS INC. E 101 -45200-415 Other Equipment Rentals $140 52 W167347 Portable - Bederwood E 101-45200-415 Other Equipment Rentals $140.52 W167348 Portable - Summit Beach E 101-45200-415 Other Equipment Rentals $140 52 W167349 Portable - Hackberry E 613-49830-415 Other Equipment Rentals $80 91 W167350 Portable • GC E 101-45200-415 Other Equipment Rentals $234 26 W167351 Portable • Navarre Total BIFFS INC.$736.73 Paid Chk# 074148 8/26/02 BUDGET PRINTING E 613-49830-201 Office supplies $880 00 22232 Resvtn Bk. Tickets - GC E 613-49830-201 OfTics supplies $44.46 22400 Rubber Stamps. Gift Cert - GC E 101-41900-201 Office supplies $46.65 22584 Fire Maps Total BUDGET PRINTING $971.11 Paid Chk# 074149 8/26/02 BUFFALO BITUMINOUS INC. E 101-43000-224 SUeet Maint. Mjteriats/Suppty $13045 12055 Hand Patch Total BUFFALO BITUMINOUS INC.$130.45 Paid Chk# 074150 mmi CHAV PION AUTO STORES E 101-43000-221 Equipment Paits S Accessories $26.15 D154709 Shop Supplies Tout CHAMPION AUTO STORES $26.15 Paid Chk» 074151 8/26/02 CHUNKS LAKESHORE AUTO E 101-42110^02 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 E 101-42110-402 Repairs/Mamt-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip Repairs/Maint-Auto Equip 1292.72 $4200 $66 04 $9320 $119 03 $405.93 $178.11 $87.31 $135.37 $147 98 22148 22149 22163 22165 22173 22174 22192 22211 22216 22222 Battery. Relay - Accura Rep Siren Control Head Light-»192 Dtag Replace Circuit Brk Wiper Blades. Wig Wag #189 OJ. Trans, Tie Rods #184 Oil. Lights #188 Oil, Wiring #190 Oil, Dome Light #194 Battery #191 L CITY OF ORONO *Check Detail Register^) 08/23^)2 7:07 AM Pago 2 AUGUST 2002 Chock Amt Involco CommofS E 101-42110^02 Repair«/Maint-Auto Equip E 101-42110-402 Repairo/Maint-Auto Equip E 101-42110-402 Repaira/Mainl-Auto Equip E 101-42110-402 Repairt/Maint-Auto Equip E 101-42110-402 Ropairs/Maint-Auto Equip E 101-42110-402 Repain/Maint-Auto Equip E 101-42110-402 Repaira/Maint-Auto Equip Total CHUNKS LAKE8HORE AUTO $2800 $1,001.78 $28.00 $29.34 $121.49 $15610 $30.57 22228 22229 22240 22241 22261 22286 22342 Rap Strobe Buto 0193 Axle. Ba8Jnti187 Rep Connection ilOO Oil Change 0192 Oil. Rued Tat 0189 Wiper Side. Siren Spkr 0177 Oil Chnpe 0193 $2,962.97 PaidChk0 074153 6/26A)2 CITY OF ORONO PETTY CASH E 101-41300-489 Other Miacellaneoua Chargea $250.00 8/28A)2 Petty Cash - Picnic Total aTY OF OftONO PETTY CASH $250.00 PaidChk0 074154 8/26/02 CLASSIFIEDS E 613.49830-340 General Advertisii>4 $31.00 16370 Print Adv-GC Total CLASSIFIEDS $31.00 ^aidChk0 074155 8/26/02 COFFEE CABIN E 101-41110-439 Meeting Expenaea $124.60 8 Box Lunches • Park Tour ToUl COFFEE CABIN $124.60 PaMChki 074196 6 26A)2 COLLISION CORNER E 101-42110-402 Repaira/Maint-Auto Equip $1,000.00 8/15/02 Deductible-Sqd 188 Total COLLISION CORNER $1 000 00 PaidChk0 074157 8/26/02 COMMISSIONER OF TRANSPORTATION E 402-48018-530 Other Improvementa $904.97 T79 21300019 Final 12AA/ilk>w Signal ToUl COMMISSIONER OF TRANSPORTATION $904 97 PaidChk0 074158 8/26/02 COPPIN. LANCE E 101-45200-403 Repairs/Maint-Miac. Equip $770.00 7/28rt)2 Install Fountain • Nav Park ToUl COPPIN. LANCE $77000 PaidChk0 074159 8/26/02 COUNTRY CAKE CUPBOARD E 101 -41 0-469 Other Miacellaneoua Charges $6o.00 Picnic Bars for Picnic ToUl COUNTRY CAKE CUPBOARD $66.00 Paid Chk0 074160 6/26/02 DCA-WIRE ONLY G 101-21719 DCA/Spending Accounts $1.020 95 8/20/02 Spending Accts - 8/19/02 ToUl DCA-WIRE ONLY $1,020 95 Paid Chk« 374161 8/26A)2 DELTA DENTAL G 101-21709 Dental Insurance $1,206.70 37220072 Dental Premiums 9/2002 Total DELTA DENTAL $1,206.70 E 101-42110-331 Travel Expenaea E 101-42110-439 Meeting Expenaea Total DEMBOUSKI.JAY $2.50 8/20A)2 $7.90 8/20A)2 Parking • Court RoUa • New Employee $10.40 PaidChk0 074163 8/26A)2 E-Z RECYCUNO E 101-43270-316 Contract Recycling Pickup Tntiil E-Z RECYCLING $6,317.64 4113 Recycling 8/2002 $6,317.64 PaidChk0 074164 8/26/02 ERICKSON, KURT E 101-42110-240 Small Toola and Minor Equip $74.54 6/19/D2 Refhgerator-ONA Sampiea CITY OF ORONO *Check Detail Registei© 08/23/02 7:07 AM Page 3 Total ERICKSON. KURT AUGUST 2002 ChackMit Ifivoica Comment $74.54 6/26/02 FORTIS BENEFITSP£^hk« 074165 G 101-21712 Other Deductions ToUl FORTIS BENEFITS $1.002.07 4010825-1 LTD • 8/2002 $1,002.07 Paid Chk» 074166 8/26/02 G 8 K SERVICES E 602-49450-226 E 101-43000-226 E 613-49830-226 E 601-49400-226 E 101-43000-226 E 602-49450-226 E 101-43000-221 E 613-49830-226 E 601-49400-226 E 602-49450-226 E 101-4300C-226 E 613-49830-226 E 601-49400-226 E 101-43000-404 E 101-42110-404 Clothing 8 personal equipment Clothing & personal equipment Clotiiing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Equipment Parts & Accessories Clothing & personal eqi ipment Clothing & personal equipment Clothing 8 personal equipment Clothing 8 personal equipment Clothing 8 personal equipment Clothing 8 personal equipment Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bldgs/Grounds Total G8KSERVICES 8/26/02 G L CONTRACTINGPaid Chk» 074168 G 410-20600 Contracts Payable Total GL CONTRACTING $38 90 285449 Uniforms $90.77285449 Uniforms $7 88 285450 Uniform • StefUnhagen $1443 285451 Uniform - Rathbun $65.16 292333 Uniforms $27 92 292333 Uniforms $4921 292333 Shop Towels $7.88 292334 Uniform - Steffenhagen $14.43 292335 Uniform • Rathbun $26.60 299215 Uniforms $6207 299215 Uniforms $7 88 299216 Uniform • StefUnhagen $14.43 299217 Uniform - Rathbun $92.85 299218 Mat Service $82.81 299220 Mat Service $60322 $11,291.96 RFP5/F Retainage-Shrtn/Heitage Swr $11,291 96 Paid Chk# 074169 8/26/02 GALL'S INC. E 101-42110-226 Clothing 8 personal equipment E 101-42110-226 Clothing 8 personal equipment Tout GALL*SINC. $58.98 55870293 Socks, Gloves - Boris $57.91 558702930102 Uniform Shirt • Boris $116.89 8/26/02 GLENWOOD INGLEWOODPaidChk# 074170 E 613-49830-201 Office supplies ToUl GLENWOOD INGLEWOOD $87.33 33084100 Water Cups $87.33 Paid Chki 074171 8/26/02 GOPHER S TATE ONE-CALL E 601-49400-489 Other Miscellaneous Charges $48.05 2070611 E 602-49450-439 Other Miscellaneous Charges 2070611 ToUl GOPHER STATE ONE-CALL $96 10'“ July Locates July Locates PaidChk# 074172 8/26/02 HENNEPIN COUNTY ATTORNEYS OFF E 231-45650-489 Other Miscellaneous Charges $1 00 00 7/31/02 ToUl HENNEPIN COUNTY ATTORNEY'S OFF $100 00 Appollo - 95 Escort PaidChk# 074173 8?26?02 HENNEPIN COUNTY INFOR TECH DPT E 101 -41900-329 Other Communications A®® Z?. 22077^ 91 ToUl HENNEPIN COUNTY INFOR TECH DPT $86 79 Paid Chk# 074174 8/26/02 KENNETH N POTTS, PA "" E 101-41600-306 Legal-Prosecution DaUbase Access $2,391.66 8/1/02 Prosecution 7/2002 ToUl KENNETH N. POTTS, PA $2,391 66 PaidChk# 074175 8/26/02 KOEHNEN'SAMOCO E 101-42110-212 Motor Fuels 8 LubncanU $16.85 43786 Gas • Sqd 184 5/9/02 j CITY OF ORONO *Check Detail Regit tir® 08/23A)2 7:07AM Page4 AUGUST 2002 Check Amt Invoice Comment Total KOEHNEirSAMOCO $1685 Paid ChM 074176 8/26/02 LOOIS E 101-41900-311 Data Prooetting Communication E 101-41900-329 Other Communicationt E 101-42110-329 Other Commumcationt E10M2110-310 LOGIS-Applications $30 00 22093 $163 00 22093 $163 00 22093 $1.635 00 22093 Henn Cnty Conn Internet 7/02 lnterr>et 7/02 Police Records 7/02 Paid Chk» 074181 6/26/02 MEDICA G 101-15998 Non-Employee Health Ins G101-21706 Hoipitatization/Medical Ins G 101 -21706 Hospitalization/Medical Ins G 101-21706 Hospitalization/Medical Ins Total MEDICA $1,529.37 102244102552 Medica-High 9^2 $9,454.09 102244102552 Medica-High 0/02 $2,226 96 102244122565 Medica Low - 9/2002 $8.979 22 102244125466 Medica Elect - 9/2002 $22,191.66 PaidChki 074182 6/26A)2 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $20.409 80 742632 ToUl MET COUNCIL ENVIRONMENTAL SVCS $20,409 80 Wastewater 9/2002 E 101-41900-401 Repaira/Maint-Offlce Equip Total LOGIS $170.00 22152 $2,201.00 Network Maim Paid Chki 074177 6/26/02 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts A Accessories $211.64 2024979 AC Fan • Sweeper E 101-43000-221 Equipment Parts A Accessories ($0 29) 2025139 AC Fan - Sweeper Tout MACQUEEN EQUIPMENT $211.35 PaidChk* 074178 8/26A>2 NMOICCLEANERS E101-42110-221 EquIpnwnI Parts & Acoeuories $46.07 1000217 Blankets 6 A 7/2002 Total MAGIC CLEANERS $46.07 l^aidChk# 0741>9 6/26/02 MASUNE COMPANY E 101-42110-221 Equipment Parts A Acoeuories $77.45 807200 1st Aid Supplies Total MASUNE COMPANY $77.45 PaidChk* 074180 8/26/02 MATRX E 101-^A.110-221 Equipment Parts A Acoeuories J323 25 785548 1st Aid Supplies Total MATRX $323.25 PaidChk* 0741^3 8/26A)2 MIDWEST ASPHALT E 101-43000-224 Street Maint Materials/Supply ToUl MIDWEST ASPHALT $133.13 70210MB $133 13 Hand Patch PaidChk# 074184 8/26A)2 MIDWEST FUELS E 101-43000-212 Motor Fuels A Lubricants G 101-14101 Gasoline Inventory ToUl MIDWEST FUELS $633 48 92466 $2,819.18 92466 $3,452.66 669 2 Gals DieuI 2166 6 Gals Unleaded PaidChk# 074165 6/26/02 MINNCOMM • UTIL E 651-49910-591 SewerA/Vater Utility Const Tout MINNCOMM • UTIL $39.755 00 RFP1/F $39.755 00 RFP *1/F Highwood Rd .St Sarr PaidChk# 074186 6/26A)2 MINNEAPOLIS OXYGEN COMPANY E 101-42110-221 Equipment Parts A Accessories $107.17 726301 ToUl MINNEAPOLIS OXYGEN COMPANY $107.17 Medical Oxygen PaidChki 074167 6/26/02 MNAPA E 101-42400-437 Training A Development $215 00 Bottenberg 2002 Conference-Bottenberg cmr OF ORONO *Check Detail Register® 08/23/02 7:07 AM Pages AUGUST 2002 Check Amt Invoice Comment E 101-42400-437 Training & Development Total MNAPA $215.00 Weinberger 2002 Conference-Weinbergef $430 00 PaidChic# 074186 8/26/02 Mfi CHIEF OF POUCE ASSN E 101-42110-437 Training 8 Development $50.00 652 E 101-42110437 Training 8 Development __$300.00 652 Total MN CHIEF OF POLICE ASSN $350.00 Pol Mgt Its - Good CLEO 8 Command Aod • Good Paid Chki 074189 8^6/02 MN CHIEFS OF POL ED. FOUNDATl $100.00 100E 101-42110-437 Training 8 Development Total MN CHIEFS OF POL EO. FOUNDATl Emp Issue Tmg-Faniok.Dembousk $100 00 PaidChkf 074190 8/26A)2 MN DEPT OF REVENUE R 101-34210 General Taxable Sales/Servioe R 601-39610 Miscellaneous Revenue G 601-20806 Due to GovU-State Sales Tax G 613-20806 Due to GovU-SUte Sales Tax ToUl MN DEPT OF REVENUE $13 00 7/2002 $15.00 7/2002 $307.00 7/2002 $2,329.00 7/2002 $2,664.00 Sales Tax 7/2002 Sales Tax 7/2002 Sales Tax 7/2002 Sales Tax 7/2002 i’aid (fhkf 074191 8/26/02 MN DEPT OF TRANSPORTATION E 101-43000-433 Memberships 8 Subscriptions $60.00 5152 Total MN DEPT OF TRANSPORTATION $60 00 DOT Manuals Paid Chk# 074192 8/26A)2 MPLS DEPT OF HEALTH 8 FAMILY E 10M2110-319 Other Professional Services $260.00 2002728 Total MPLS DEPT OF HEALTH 8 FAMILY $260 00 Analysis of ControUed Substan Paid ChM 074193 8/26/02 MTIDISTCC. E 613.49830.221 Equipment Parts & Accetaofiaa E 613.49830-223 Bldgrtiraunda MainL Supplies Total MTIOISTCO. $63.67 320311 $17.00 321491 $8a67’ Bek Pins Pakl Chk# 074194 8/26A)2 NAVARRE HARDWARE E 101-43000-224 Street Maint. Matehals/Supply $23.11 103554 Sign Hardware F. 101-45200-223Bldg/Grounds Maint. Supplies $468 103567 Drill Bit E 101-43000-221 Equipment Parts 8 Accessories $15.95 103634 Coupling, Elbow E 101-43000-221 Equipment Parts 8 Accessories $585 103641 Shop Supplies E 613-49830-221Equipn>ent Parts 8 Accessories $47.71 103647 Hardware. Insect Rep E 101-45200-221 Equipnr>ent Parts 8 Accessories $3 18 103832 BBNet E 602-49450-221 Equipment Parts 8 Accessories $22.33 103902 Batteries E 101-41900-201 Office supplies $14.63 103903 Ant Traps E 10M5200-221 Equipment Parts 8 Accessories $581 103980 Misc Hardware E 101-45200-221 Equipment Parts 8 Accessories $18.71 104026 Misc Hardware E 101-45200-223Bldg/Grounds Maint. Supplies $3 20 104043 BuR Washers E 101-41900-221 Equipment Parts 8 Accessories $21.29 104279 Fan E 101-41900-223Bldg/Grounds Maint. Supplies $24.19 104406 Sandpaper. Brushes E 602-49450-227 Utility System Maint. Supplies $2211 104476 Marking Paint E 101-41900-223Bldg/Grounds Main! Supplies $19.76 104485 Misc Supplies E 101-41900-223Bldg/Grounds Maint. Supplies $637 104536 Sand Paper. Primer E 101-41900-223Bldg/Grounds Maint Supplies $2509 104554 Enamel. Primer E 602-49450-227Utility System Maint Supplies $14 86 104734 Grass Seed E 101-41900-403 Repairs/Maint-Misc. Equip $6.38 104759 Broom E 613-49830-221Equipment Parts 8 Accessories $70.59 104803 GC Supplies E 101-43000-221 Equipment Parts 8 Accessories $9.23 104822 Batteries E 101-43000-240Small Toots and Minor Equip $28.74 104872 DrNBit E 101-42110-201Office supplies $4 56 104880 WMex CITY OF ORONO *Check Detail RegisteitS) 08/23A)2 7:07 AM Page 6 AUGUST 2002 Check Amt Invoice Comment E101-43000-221 Equipment Parte A Aoceeeorice $15.24 105125 Bulk Nails E 601-49400-227 Utility System MainL Supplies $6.36 105146 Furnace Filters E 602-49450-227 Uility System Maint Supplies $11.50 105178 Bulk Bolts E 613-49830-221 Equipment Parts & Accessories $15.83 105312 Misc Supplies • GC Total NAVARRE HARDWARE $467 26 Paid Chk# 074197 8/26A)2 NCPERS GROUP LIFE INS G 101-21710 Ue Insurance $240 00 6732902 PERA Life 9/2002 Total NCPERS GROUP LIFE INS $240 00 Paid Chki 074198 8/26A)2 OFFICE DEPOT E 101-41900-201 Office supplies S22060 177548335 Office Supplies E 101-42110-201 Office supplies $18050 177548335 Office Supplies E 101-42110-201 Office supplies $1461 177784906 Office Supplies E 101-41900-201 Office supplies $17.85 177784906 Office Supplies E 101-42110-201 Office supplies $86.62 178466796 Office Supplies E101-41900-201 Office supplies $10587 178466796 Office Supplies Total OFFICE DEPOT ^26.05 Paid ChM 0^4199 6/26/02 OLD DUTCH FOODS INC. E 613-49900-093 Concessions For Resale-Txbl ___^$18 90 206175 Chips for Resale Total OLD DUTCH FOODS INC.$18 90 Paid Chk# 674200 8/26/02 PERRYS TRUCK REPAIR E 101 -42400-319 Other Professional Services $297.22 9768 Junk Vehicle Removal ToUl PERRYS TRUCK REPAIR $297.22 Paid Chk# 074201 8/26/02 PIONEER E 101-41900-352 Printing & Publishing $71 00 248 Ordinance #220 E 101 -41900-352 Printing & Publishing $666 65 283 Ann Summery Fin Report Total PIONEER $737 65 Paid Chk# 074202 8/26/02 PLUNKETTS E 101-42110-404 Repairs/Maint-Bldgs/Grounds $133.13 S-64207 Pest Control - Ants Total PLUNKETTS $133.13 Paid Chk# 074^03 8/26/02 PRAIRIE OFFSET E 101-41900-201 Office supplies $378 52 117798 Inspection Notices Total PRAIRIE OFFSET $378 52 ' Paid Chk« 074204 8/26/02 QUARTERLY ADVERTISINO, INC E 613-49830-340 General Advertising $32500 1625 Print Adv-Wayzata FaU ToUl QUARTERLY ADVERTISING. INC $325 00 Paid Chk# 074205 8/26/02 REED VENDING E 613-49900-093 Concessions For Resale-Txbl $63 00 4290 Snacks fbr Resale Total REED VENDING $63.00 Paid Chk« b>4206 8/26/02 RITZ CAMERA E 101-42400-319 Other Professional Services $9 99 376064240 1 Hour Processing Total RITZ CAMERA $999 Paid Chk* 074207 8/26A)2 SCHOENHOFF, JOHN E 101-42110-221 Equipment Parts & Accessories $61.92 8/11/02 Water - Com Deys Pared# E 101-42110-229 D A RE. Supplies $10 00 8/9/02 DARE Safety Tips T^ Total SCHOENHOFF. JOHN $71 92 I CITY OF ORONO *Check Detail Registei© 08/23/02 7:07 AM Page 7 AUGUST 2002 I Check Amt Invoke Comment aid ChkS 074206 6/26A)2 SEN E 651-40910*513 Easements & Rights of Way Total SEN 12.367.75 69866 Rydeil Culveft Easement $2,367.75 Paid Chk« 074209 6/26A)2 SKYWAY PUBUCATIONS E 613-49630-340 General Advertising Total SKYWAY PUBLICATIONS $75.00 90229 Print Adv - GC $75.00 PaidChkS 074210 6/26A)2 SNYDER DRUG STORES E 101-42110-201 Office supplies E 101-42110-201 Office supplies E 101-42110-201 Office supplies E 101-42110-221 Equipment Parts & Accessories E 101 -42110-221 Equipment Parts & Accessories E 101-42110-221 Equipment Parts & Acceuohes ToUl SNYDER DRUG STORES $9.32 $42.75 $5.2/ $22 05 $64 64 $4624 7/11/02 7/11/02 mw2 7/25/02 7/6/02 7/8/02 Film Processing Batteries Paper Towels Aoddent Suppfies Poloroid Film Batteries $21027 Paid ChkS 074211 6/26A)2 STANTON GROUP E 101-41900-469 Other Miscellaneous Charges E 101-41900-469 Other Miscellaneous Charges Total STANTONOROUP $93.50 326495 $173.25 328496 COBRA Adm Fee 7/02 FSA Adm Fee 7/02 $266.75 Paid Chki 074212 8/26/02 STATE TREASURER'S OFFICE E 231-45650-489 Other Miscellaneous Charges $50.00 7/31/02 Tout STATE TREASURER'S OFFICE Appollo • 95 Escort $50 00 PaidChk# 074213 6/26A)2 SUBURBAN RATE AUTHORITY E 101-41110-433 Memberships & Subscriptions $40000 2nd Half 2nd Half 2002 SRA Dues ToUl SUBURBAN RATE AUTHORITY $400 00 Paid Chki 074214 8/26/02 THORPE DIST CO. E 613-49900-091 Beer For Resale ToUl THORPE DIST CO. $79.50 271040 Beer for Resale $79.50 Paid Chki 074215 6/26/02 TOMCHECK, LARRY E 101-42110-212 Motor Fuels & Lubricants E 101-42110-437 Training & Development ToUl TOfMCHECK. LARRY $12 00 8/16A)2 $4J)3 8/16A)2 $1603 Gas Meal - Training PaidChk# 074216 8/26/02 UNIFORMS UNLIMITED E 101-42110-226 Clothing & personal equipment $94 49 122412 Shirts - Persell E 101-42110-226Clothing & personal equipment S1S31S 122671 Pants. Other - Dembouski E 101-42110-226Clothing & personal equipment $133.90 124130 boots - Erickson E 101-42110-226Clothing & persona) equipment $65.50 124625 Pants - Lee E 101-42110-226Clothing & personal equipment $118.75 124984 Pants-Ameson E 101-42110-226Clothing A personal equipment $15315 125635 1 ^nts, SweaUr- Hendricks E 101-42110-226Clothing & personal equipment $14031 129632 Belt cuffs.case - Farniok E 101-42110-226Clothing & personal equipment $167.07132709 Shirts - Ameson E 101-42110-226Clothing A personal equipment $165.60132970 Pant. Shirt Fischenich E 101-42110-226Clothing A personal aquiprmnt $51.50 133642 Uniform - Rschenich Total UNlFORI» UNLIMITED $1,243.42 Paid Chk# 074217 6/26A)2 E 101-43000-221 Equipment Parts & Acoassorias E 601-49400415 Other Equipment RanUls E 602-49450-415 Other Equipment Rentals ($93.72) 26599099 $35.15 452700 $35.14 452700 Paid in Error Barricades Barhodes CITYOFORONO *Check Detail Register^ 08/23^)2 7:07 AM . P«08B AUGUST 2002 ClMcfcAfiil Involet CommaK E 601-49400415 Oltier Equipmenl Ranlale Total UNITED RENTALS $77.75 461203 Trafiloa Control $54.32 PaUChki 074216 M6/02 VHXAGE CHEVIIOLET E 60149400-221 Equipment Parti S AootMoriae E10143000-222 Vahlda Equipment S raita Total VILLAGE CHEVIIOLET $35.50 $101.93 379653 379790 Horn TallU9ht $137.43 Paid CtiMI 074219 8/26/02 v66t IkATING S AIR E 10141900404 RapairiAtolnt-BldQiA^nds E 10141900404 Rapaln/Maint-Bid0i/Groundi Total VOGT HEATINGS AIR $190.00 $161.00 2661 2662 Check AC • Lunchroom Check AC-ConfRm $371.00 PaidChk# 074220 MM2 WESTVOE REDI MIX MC. E 60249450-227 UtNty System Maint SuppSes $343.46 55996 Concrete Total ¥VEST SIDE REOI MIX INC.$343.46 PeidChki 074221 E 101-4300 WESTSm WHOLESALE TIRE 403 RapairsAteint-Misc. Equip $96.08 500550 Tka Repair Total WESTSlOE WHOLESALE TIRE $96.08 Paid Chkf 074222 MM2 WINTERNHEIMER, AUSSA E 10141300419 Other Professional Services $325.00 Total WINTERNHEIMER. AUSSA Council Minutes - 8/12 $325.00 XC^L ENERGYPaid Chki 074223 8/26X)i E 10143000-381 Gas S Electric Total XCEL ENERGY $146.36 Hwy12 Eiedridly- 12Ah/illoie $146.36 10100 Primary Cash $136,435.07 I riSntT-itmii t i CITY OF ORONO *Check Detail Register® 08/21/02 7:22 AM P*0e 1 AUGUST 2002 ChackAmt Ifwoka Comment 10100 Primary Cash PaidChki 074131 a/21/02 CITY COUNTY CREDIT UNION G101-21711 Credit Union Total CITY COUNTY CREDIT UNION $10,495.00 $10.49500 SAVINGS W/H & TRANSFERRED PaidChki 074132 8/21/02 FIRST NATIONAL BANK OP LAKES G101-21701 G 101-21703 G 101-21703 ToUl Federal Withholding FICA Tax Withholding FICA Tax Withholding FIRST NATIONAL BANK OF LAKES $10.020 92 $4,539.48 $4,539.48 $19.099 88 FEDERAL W/H FICA & MEDICARE W/H FICA & MEOCR CITY SHARE Paid Chk8 074133 8/21/02 ICMA RETIREMENT TRUST - 487 G 101-21705Other Retkement $300 00 DEFERRED COMP Total ICMA RETIREMENT r<UST-487 $30000 Paid ChU 674134 8/21/02 LAW E/IFORCMENT LABOR SERVICE G 101-21707 Union Oust $559 74 Total LAW ENFORCME7T LABOR SERVICE ' $559.74 Paid ChkP 074135 8/21A)2 M 4 CHILD SUPPORT PMT CTR G101-21712 Other Deductiona $242.27 Total MN CHILD SUPPORT PMTCTR $242.27 Paid ChkS 074136 8/21/02 MNOEPT OF REVENUE 0 101-21702 Slate Withholding $4,020.44 Total MN OEPT OF REVENUE $4,020.44 UNION DUES MOROWCZYNSKI80014456477 STATE TAX W/H Paid Chk8 074137 8?2i762 ORCHARD TRUST CO. TRUSTEE/CUST 0101-21705 Other Retirement $2,289.68 Total ORCHARD TRUST CO. TRUSTEEWUST $2.28968 MN STATE RETIREMENT PaidChki 074138 8/21/02 PEBSCOKKNU 0 101-21705 Other Retirement Total PEBSCOK)BRA $232.09 $232 09 OBRA OFFERPFO COMP PaidChka 074139 8/21/02 PEBSCOAIS CONF OF MAYORS 0 101-21705 Other Retirement $2,307.00 1‘otal PEBSCOAISCONF OF MAYORS $2,307 00 Paid Chiu 074140 8/21/02 PUBUC EMPLOYEES RETIREMENT G 101-21704 PERA $6 436.57 0 101-21704 PERA $4,996.14 Total PUBLIC EMPLOYEES RETIREMENT $11,432 71 uSCM - ENTITY 2339 PERA CITY SHARE PERA EMPLOYEE W/H Paid Chki 074141 8/21/02 UNITED WAY 0101-21708 United Way Total UNITED WAY $50.00 $50.00 CHARITY DONATIONS Paid Chk« 074142 8/21/02 WISCONSIN SCTF 0101-21712 Other Deductiona Total WISCONSIN SCTF $184 62 $184.62 JOHNSON 80002756898 10100 Primary Cash $51,213 43 CITY OF ORONO 0601/02 7:23 AM Paoet clwck ragittor ChMk Numbff EmployM Nam* P»y Padod 051591 051592 051593 051594 051597 051598 051599 051600 051601 0516C4 051605 051606 051607 051608 051609 051610 051611 051612 051613 051614 051615 DODGE. RACHEL M. JOHNSON. MARYANN LESKINEN. DENISE M. MOORSE. RONALD J. 051595 VEE.LINDAS. 051596 KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L BOBZIEN. SUE A. BORIS. SCOTT W. 0516T2 CORNICK. JAMES L 051603 DEMBOUSKI. JAYC. ERICKSON. KURT R FARNIOK. CORREY L FISCHENICH. DAN T. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. HENDRICKS. RONALD J. JOHNSON. JEFFREY LARSON. NELL E. MADSON. ADRIENNE M MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSELL. WILLIAM R. 051616 SCHOENHOFF. JOHN B. 051617 TOMCHECK. LAWRENCE F. 051618 TOMCZYK.MARKW. 051619 WITTKE. ANTHONY A. 051620 ARNESON. JOSHUA A. HERMAN. JOHN R. LEE. JOSEPH P. BOLTERMAN. MATTHEW A. B07TENBERG. WENDY C. GAFFRON. MICHAEL P GAPPA. GREGORY A^ KANGAS. JAMES K. MEYER. WILLIAM C OMAN. LYLE E WEINBERGER. PAUL E. BRINKHAUS. JOHNF. 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. GOLDSMITH. PAUL T. HAMBRO. MARSHAU J. 051621 051622 051623 051624 051625 051626 051627 051628 051629 051630 051631 051632 051633 051634 051635 051636 051637 051638 051639 051640 051641 051642 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 Chtck Amount 0^4 .4- $991.69 $620.68 $791.74 $7.80 $1,194.99 $990.31 $102.07 S439 3B $412 68 $727.79 $1,354.87 $1,809.52 $1,704.03 $1.57881 $1.84812 $1,431.39 $161.91 $2,038.04 $1,497.34 $1,106.74 $748 72 $638 89 $603 80 $1,498.72 $604 39 $1,446.39 $606.99 $1,407.71 $1,378.57 $663 86 $401.41 $203 66 $1.01613 $1,122.84 $1,351.13 $1.760 33 $1,11571 $37009 $153 98 $1,44358 $1,319.70 $1,004.23 $877.30 $1,033 18 $927 59 $95231 $823 03 $1,120.41 $1,236.71 $11644 $116 09 $95.60 Ch«clc DM* Ch^cli Status t . •••-a- ^ i 8/21/02 Outatandkig 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21A)2 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outotanding 8/21/02 Outstancfing 8/21/02 Ou^tanang 8/21/02 Outstanding 6/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21/02 Outstanding 8/21A)2 0<itstanding 8/21A)2 Outstanding 8/21/02 Outstanding 8/21/02 Outstandtoig 8/21/02 Out^andbig 8/21/02 OuMn^ng 8/21/02 Outstanding 8/21/02 Outstanding CITY OF ORONO Oa/21/02 7:23 AM Pag»2 clMck register Omck Numbof Empioyoo Mamo :J2a Pay Pifiod Chack Amoiinl Cliack Data Chack Status • .V ^i.-«e .:z3KaL:3z:i2yisss:^3E^^ JENSEN. ROONEY W.17 1316.51 6/21A12 Outstanding MARSEUA.OANG.17 1187.05 6/21/02 Outstanding MCINTYRE, WILLIAM E.17 $210.70 6/21/02 Outstanding OA8. DANIEL 0.17 1169.51 6/21/02 Outstanding PEICKERT.QARYJ.17 $353.66 6/21/02 Outstanding ROSS. JOHN A.17 $121.74 6/21/02 Outstanding SMYTH. KATHERINE R.17 $146.26 6/21/02 Outstanding 8TEFFENHAGEN. RONALD 17 $1,349.62 6/21/02 Outstanding STORK, JOHN T.17 $294.26 $52,136.72 6/21/02 Outstanding ........................ kOG 2 6 aXK CltlOfOBONO information HEMS COUNCIL MEETING I AUG 2 6 2002 OF C\IY Uh ORONO • % . » To:Mayor Peterson and Council Members Ron Moorse, City Administrator • •-'-TIMG From: Date: Subject: Paul Weinberger, Zoning Administrator August 22,2002 '**26 2002 tiiyofonoivo Amended Resolution for Morrie ’s Automotive Group As a result of some grading limitations on the property the Morrie ’s Group has dev ised a plan to complete the site improvements in 2 phases. The grading limitations are due to past soil contamination issues on the south end of the property. The property has been monitored by the MPCA for more than a decade. Phase 1 will include the building modifications, installation of the driveway access and parking area on the north side of the building, sign construction, and rcplacement/construction of new lighting fixtures. Phase 1 will also include construction of a serv ice driveway access to connect the existing south parking area to the vehicle service entrance door located at the southwest comer of the building. Phase 1 is scheduled to be completed prior to full use of the property. Phase 11 of the project will include installation of the southwest parking area as shown on the approved site plan. The time period for completing Phase 11 of the project is not immediately known. Removed from the plan is the service drive that was proposed to be located around the west side of the building. The removal of the service drive required 3 north side parking spaces to be shifted to the east end of the new lot. Staff has revised the approval resolution noting the project will be done in 2 phases. Staff is proceeding to finalize the resolution without fu^er review by the Council adding the language regarding the phasing of the project rather than having all improvements completed initially. If Council has an issue with that change to the plans and resolution please let staff know and the item can be scheduled to be discussed at a future meeting. A copy of the site plan and approval resolution are attached for your rev icw. This is an infonnational memo and is not scheduled as a discussion item for the August 26**' meeting. iff ?m\ ^AUi *• H I G H V/ A *Y 12 -WAY2ATA BLVO 3 MftKmc, T^Iw#vf¥ S.V* DR I vs "iteMetffD PHAse DRIVE I T oj ® o o o o® OIO lllmiiiiiTiiiU S3 I||l P}j5K..i« ORiVEWAy ||| PHASE I? JJT ‘ ^RKiNUi ADDITI0I«/ w 1 s 1 — 1 »■"1 1 * 1 ? 9 \ A RESOLUTION GRANTING CONDITIONAL USE PERMITS PER SECTION 10.50, SUBDIVISION 3 A AND INDUSTRIAL SITE PLAN APPROVAL FILE NO. 02-2795 WHEREAS, WJM Properties, LLC, has an interest in, (hereinafter "the applicant") and DRB #8, LLC is owner of the property (hereinafter “the owner") located at 2605 Wayzata Boulevard West within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit “A” attached, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3 A to permit use of the property for a wholesale distribution facility, repair, parts warehouse, and fleet sales and leasing lot; and WHEREAS, aAer 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 This application was reviewed as Zoning File #02-2795. 2, The property is located in the I, Industrial District. 3. 4. Automobile repair and wholesale operations are permitted uses in the I district. Open sales lots, when a wholesale operation, and outside storage are conditional uses in the I district. 5.The Orono Planning Commission reviewed this application on June 17,2002 and recommended approval by a vote of 7 to 0. Page 1 of 10 1 6. The Planning Commission made the following findings of fact: A. The Planning Commission finds the sales allowed on the property as a Permitted Use would be sales associated with a wholesale operation. In the Code under the general heading of'Processing' are a list of types of processes that would be allowed in the district. Processes would include conducting certain manufacturing, fabrication, storage, or wholesaling operations. The 1 district lists “automobile and truck painting, major repair, body and fender work, upholstering, tire recapping and sales when completely enclosed within a building.” This would allow auto sales as a wholesale operation. B. The Orono zoning ordinance does not permit “retail sales” in the I, Industrial zoning district. Retail use of the property for automobile sales in the classic sense, i.e. general customer visits for the purposes of purchasing a vehicle or parts, is not permitted on the property. However, proposed uses such as the body shop, auto processing, and wholesale of ears and parts are permitted uses in the distriet. C. “Auto Sales Showroom” at the north end of the building will involve 32,800 s.f. within the building in addition to an outside open sales lot with stalls for 40 cars on display and for demonstration or test drives, all as part of the fleet sales and leasing operation. The operation of the showroom and open sales lot as proposed would meet the definition of a wholesale operation. D. The body shop and auto prep areas are permitted in the district. The body shop would be in an area of approximately 45,000 s.f. completely within the building. Vehicles stored waiting for body repair or for deliver^' would be stored in the outside storage area south of the building. E. The auto prep area will occupy 1 8,300 s.f of building area. All auto prep will occur inside the building, Morries expects to receive approximately ten incoming loads of new automobiles per month. New automobiles will be unloaded and will be stored outside and delivered to dealerships. Total outgoing vehicles are estimated at 120 per month. Page 2 of 10 VAS? .. ^ ^ <^^-. U(k KlAfti ;*o««kV Uv>'\*cccs.-U6*>ii F. G. I. The storage area of the building comprises approximately 17,000 s.f. Storage will be for internal operating uses, owner storage, and storage of facility related equipment. The office is incidental to the operation of the facility. Both storage and office would be allowed as “incidental” uses of the building to the operation of the entire facility. The Conditional Use Permits for the outside sales lot and outside storage would require all items to be stored within a building; or shall be screened by a fence or wall not less than five feet in height and not less than 50% opaque. The Planning Commission finds a berm, not less that 3‘ in height, shall be constructed north of the outside sales lots with plantings with a height of 3*. The intent is to provide some visual screening to the outside sales area to not give the appearance of a retail sales lot. It is the understanding of the Planning Commission the outside display area is for the fleet customer test drive and viewing, but not to attract the general public to the site for individual purchase of vehicles. The Orono zoning ordinance does not define retail sales and wholesale sales. The City has used a general definitions book titled The Illustrated Book of Development Definitions. Retail Trade "Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering ser\ ices incidental to the sale of such goods.” An important characteristic of retail establishments is that they are usually a place of business engaged |n activity to attract the general public iu buy. Retail establisimiehts sell to customers for their own personal or household use. 2)Wholesale Trade "Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies." The Comprehensive Plan encourages a conversion to uses such as light industrial and high tech medical that have a clean, professional appearance Page 3 of 10 —---------'mnn~n 7. 8. and are compatible with the planned office park on the north side of Highway 12, and the planned residential development west of Old Crystal Bay Road. The re-use of the WSI property is an opportunity to begin to set the character for the Industrial District in terms of use and appearance. J.Retail uses rely on advertising signage to attract customers, while wholesaling operations normally will provide signage primarily to identify the site. The signage that is proposed for the site includes a 65 s.f. monument sign to be located at the entrance to the property from Highway 12 (Monies Distribution Center Body Works) and building lettering totaling 117 s.f. (Morries Automotive Group). The Planning Commission finds the proposed signage does not suggest that the building is advertising for a retail auto dealership, but rather only identifying the individual user of the facility. The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the communitv. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal 2U>ning Code Section Section 10.50, Subdivision 3 A to permit use of the property for a wholesale distribution facility, repair, parts warehouse, and fleet sales and leasing lot subject to the following conditions: 1.The outside storage area located on the south side of the building shall be completely screened with a 6 ’ fence around the perimeter of the storage area. This is the area Page 4 of 10 2. 3. 4. 5. 6. 7. 8. where all vehicles intended for body work will be stored when not within the building. The individual storage area devoted to the paridng of new vehicles and flnished vehicles ready for delivery to dealerships shall be limited to 250 parking spaces. The area should be limited to ^e east end of the parking lot since adequate screening will not be located directly within the parking area. The total display parking for vehicles shall be limited to the 40 at the north ends of the parking lots. Such parking shall be 25 parking spaces north of the building and 15 spaces northeast of the building, as proposed on the site plan. The parking lot shall have 6 planting islands located within the east parking lot pet the recommendations, lire intent of such plantings is to separate areas for display, customer parking and employee parking from the parking for vehicles that arc intended for processing. The display areas are proposed to use the existing trees that are on the property for screening. The new parking area on the north side of the building will require removal of at least one substantial tree on the north side of the building. The site plan indicates some of the trees will be relocated between the parking lot and the highway. Additional screening will be provided in the form of a berm (a minimum of 3* in height) with planting of junipers. The required screening shall screen the display parking areas from view to Highway 12. The existing light poles in the east parking lot shall be removed and 4-twin head light fixtures on poles not to exceed 25' in height are permitted to be constructed to provide enough lighting to provide security and lighting to the property. 5-twin head light poles, not to exceed a height of 20' are permitted to be installed at the north end of the display parking area. All lighting fixtures shall be a "shoe box” style light fixture with a recessed light source, not allowing the light sources to be visible from any property line. Because new areas of impervious surface are proposed, engineering information regarding the drainage area and rate calculations must be submitted by the applicant Page 5 of 10 9. 10. 11. 12. 13. 14. 15. 16. and approved by the City Engineer. Any required permits must be received from Minnehaha Creek Watershed District prior to occupancy of the property. Applicant shall be placed on notice that future access to the property may change and applicant agrees to discuss the issue of access at such time the City or adjacent property o\%iiers initiate such discussions. The industrial zoning district does no^ permit retail sales in the industrial distict. Such approvals granted within this site plan and conditional use permit allow only wholesale operations, body work, and warehousing with intent to distribute product. Such use would include fleet sales of automobiles to a commercial or corporate customer and wholesale trade of parts from the site. No advertising, lighting, or displays are permitted when the intent is to attract drive-by customers. The signage is approved as submitted. Any additional signage shall require additional review. Noise of the operation shall be in conformance with the Noise Ordinance. Hours of operation for fleet sales and leasing shall be limited to 9:00 a m. to 9:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday. Periodic review of this conditional use permit for compliance regarding outside display and outside storage shall be allowed and conducted as deemed necessary by the City of Orono. Approval of the site plan is subject to the applicant submitting a final guarantee in the form of a letter of credit for 150% of the improvement costs, per execution of a dev elopers agreement. Upon final approval of the site plan the City Engineer will provide an estimate of the total improvement costs. The approval granted herein allows for Phase 1 and Phase U improvements to the property. Phase 1 ( To be completed within 1 year of approval of this conditional use permit) Would include all property improvements, except the installation of the southwest parking lot and service drive along the west side of the building. A temporary service drive would be constructed to connect the service entrance at the southwest comer of the building to the south parking area. Page 6 of 10 , I L Phase II The date for completion of Phase II has not been determined, but will not likely occur within one year of approval of this conditional use permit. Phase II includes installation of the southwest parking area, as shown on the final approved site plan. Approval of this conditional use permit includes all improvements included with Phase II. 17. Authorities granted by the conditional use permit run with the property not with the applicants. 18.Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 19. The undersigned owner and applicant have read, understand 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 of Orono, Minnesota at a regular meeting held on the 12th day of August, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Applicant -is Page 7 of 10 #r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 12 th day of August, 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 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 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 witness ,a credible 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 Page 8 of 10 ; J STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 personally tqipeared before me, who is personally known to me whose identity I proved on the basis of whose identity 1 proved on the oath/afTirmation witness a credible 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 ..20. 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 witness ., a credible 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 Page 9 of 10 *, 1 i i H li (i The Pr»Blki«fProWMk C<pf«rMM« will be in St Paul from September 3-7,2001 A variety of events have t^n»schedijfed to appeal to law enforcement bicycle and pedestrian activists, policy makers, advocates IjlifiRuse, and people who care about creating healthy lifestyles. Join us for these exciting e^ts! q ^on O Attend the Pro Bike/ Pro Walk Conference September 3-6,2002 At th« lUditson Rivarfrom in St Paul (II LKilbg|Boul«vard) lUgittratiefi dhceufits ai« avaVabla This national cenfaranco ollart tha chanca to laarn liwn axparts across tha county about how to mate conwnuni- tiat grast placas for walking and biking. Pro Bite / Pro VWIk 2002 is tha “must attand~ conforanca for profossion- ab and cWxans intarattad in craatiwa solutions for making our dtias mora livabia and friandly to bites and padastri- anttupportb^ a haakhiar Mastyla for an. Updatas on national initiatives for infrastructura and aducation funding win also ba pratantad. For datadt on tha conforanca aganda and workshops go to wwwJillta wa lk.or g/worhshop_schadulaJHin > Group ratas ara olforad to shara ragistra* tkm costt. Scholarshipt to covar the cost of registration ara alto availsbia. For further information on group ratas or Kholarships, coniaa Becky Clawson at tha Canter for Neighborhoods at 4l2*31t*34B0 or bachyatckiOkocmall.cofn. National Conference of Pedestrian Advocates Tuesday, September 3 $50 Ragittration foe To ragittar for tha Pedestrian Conference use their wab site at arww.afnarkawaRcsxofn/ congra ss/dataits/lndaxJHm ^ Is Pre/Post Conference Training Offered by the Association of Pedestrian and Bicycle Professionak Registrat ion Informati on provided at www.apkp.oriteiiirag (ragistnnion foes ara app Sad ) Special Pamel Presentation- Showcase of National Models Friday, September 6,3:00-S.‘00 p.m. AtthaRaditsonRivarfrontinScPaul.(ll E. KaSoa Boulavard) FREE EVENT—Cosponsored by Transit for Livabia CommunWas and tha Canter for Neighborhoods • a 1: With all these national experts in town for the Pro Bike/Pro WUk conforanca we thought it would ba a graac chance to showcase tha innovativa approaches going on across tha country.)oin us for a Special Panel Prasantation that offers an array of ideas for strtat design, anforctmant strategies, fending mechanisms, and overall coordination to mate our streets more liivitin| for pedeserfens »nd bikes. This event a fiee and open to the pubk,butsea&ig b firnited.lb ASVP please contact Becky Oawson at the Center for Neighborhoodi. «l2.33«-34t0 or beckymtcIhQlioCmalUom. For further information and updates regarding the Special PonoA Presentation conaa www.iilefoifCeemfi.ofg. Special Working Session WithlWo Leading Experts: Dawid Engwicht, author of Street Reclaiming, and Paul Osborne, Safe Routes to School, Sustrans, England Saturday,September?, lOWam.-l2.iX) noon At tha Landmark Cantar Auditorium (75 W. Sth Strtac Sc Paul) FREE EVENT—Co>Sponsorad by Safe Routas Minnatota.tha Capital City Traffic Calming ASianca. and Cantar for Nai ghborhoods Join us for an angaging discussion on how to transform our commu* nitics into placas that ancouraga waSiing and biking. David Engwicht dtmonstratas wqrs to craara community goals for calming traffic and using your cars lass. Pud Osboma oihrs information on how schools can work with tha focal community to ancouraga kids u> wU( or bite to school. TMs event b (foe ond open ID die Ruble, but teobry is imiledl To RSVP please contaa Becky Cfowson at tha Cantar for Neighborhoods. «l2-33f*34BB or bocliytec»>e*w«»w>ll.com. For forthar Information and updates regarding the Saturd^f session contaa www.aafirouteiinn.ori . n A r t •' t •- •* {SU|)||q pue SumieM JOj saDB|d J9iq.9q spooLuoauSisu '*1 DUB SSIIID jno 9>|BUJ MOq UJP9| OJ 2600 E. Franklin Avenue Minneapolis, MN 55406 Discounts to Probike/Prowalk 2002 and Special Events Septentber 3«7 in St. Paul See inside for details PM ^ .RECEIVED:e. H AU8 5 ?nn? ot IV ui- ORONO Barbara Peterson City of Orono 2750 Kelley Parkway Orono. MN 55323 4 4te * a jS/BM 3AIJ 9JB 9J9I—I I I I I f ere are r- f FIVE ways I I f ■ i •If i ’ C2C99 ouojo XBMHJBd Aeiiax 09ZZ OUOJO *0 Ajiq uosjoiaj BjeqjBg lih- OMOHO -<n - ; cm j * I’lQBAtSOLLi —• \;t Wd V f ||«9»P JOJ 9p|SU{ 99% |n«4 *9$ uf irt J»qui»9d9s S9U9A3 |«f3ads pu« loot j/ai||qaid o) ounoMfQ 9 o4'SS nw'^Modeauuivv dnusAv u)|)|uejj *3 0092 J9iU9j Want to learn how make our cities and tsg3 f. ■ .;',*c neighborhoods r V \* f 1;•V Detter places for walking and bikingt V *i PviiCZiVED •‘=TING L9tigu9 cf Gf»t# CfIfM promo Hmg mtumitnct 2 6 m UHcwvo /'.iJJ 2 I crro 145 University Avenue 55103*2044 Phone: «»1) 281-l^X^) 925*1122 TDD (651) 281*1290 LMC Fax: (651) 281*1299 LMCIT Fax: (651) 281*1298 Web Site: http://www.lninc.org To: From: Re: Date: MEMORANDUM Mayor*, City Managers, Administrators, and Clerics Jim Miller, Executive Director 2003 City Budgets Friday, August 16, 2002 Volatility in the state's budget over the past year is now translating into uncertainty for local budgets. Although the magnitude of the state budget deficit will not be officially revised until late November or early December, the Commissioner of Finance has recently suggested that the deficit could be as high as $2.7 billion for the 2(X)4-2005 biennium. With the additional pessimistic economic news that has been released over the past several weeks, this fall’s budget forecast could even exceed the Commissioner’s gloomy figures. In recent weeks, the League has received numerous inquiries from member cities seeking advice on how to prepare for the uncertain state budget situation and the potential for state aid reductions. The situation for larger cities is further complicated by levy limits, which will be significantly more stringent due to a remarkably low inflation adjustment (0.76%) for 2003 levies. For many cities, levy limits will trim the list of policy alternatives available to address possible 2003 state aid cuts. To make matters more difficult, your city is undoubtedly facing other budget pressures such as rising employee health insurance costs, potential volunteer relief association contribution increases, lower investment earnings, and possible additional security costs in light of the September terrorist attacks. The purpose of this memo is to provide you with insights into this uncertainty based upon conversations we have had with key state decision-makers and information available to us at this time. The state budget situation is fluid and will undoubtedly change before the Legislature convenes in January. Although the League will be working with legislators to reduce the size of any proposed state aid or credit reimbursement reductions, it is important for your city to begin preparing now for the possible effects of a cut in state aids. state Deficit: How we got here Last fall, the state announced a $2 billion budget deficit for the remainder of the 2002-2003 biennium. In February, the deficit estimate was increased to nearly $2.5 billion. The 2002 legislative action.s to address this deficit arguably tapped most of the easy solutions, including the use of state reserves and the elimination of automatic inflation assumptions for many state programs. The budget solution also included the elimination of the grant pool, delays in school aid payments, and some cuts in state agency budgets. Now, the state is facing an additional deficit for the 2004-2005 biennium. Given that many of the easy solutions have been employed, the problem confronting the 2003 Legislature will almost certainly be nnore difficult to address. State agencies are already being asked to prepare preliminary budget proposals at a 90 percent funding level. This 10 percent planning reduction reflects the approximate across-the-board cut necessary in state spending to address a deficit in the $2.7 billion range. If a 10 percent cut is extended to general city aid programs, cities would collectively lose approximately $59 million of local government aid (LGA) and approximately $10 to $15 million of market value homestead credit (MVHC) reimbursement. Remember, even if your city does not receive LGA, the state effectively pays a portion of your property tax levy through the MVHC reimbursement. The State could reduce this payment to the city, thereby reducing the amount of property tax levy you expected when the levy was originally certified. If the Legislature ultimately decides to make cuts in state aid and credit programs, it will have to decide how to distribute the impact to cities and counties. If potential future cuts are computed in a manner similar to past state aid reductions, every city would likely lose a similar percentage of their revenue base (defined as the city's certiHed levy plus its certified LGA). A cut on this basis could be between 4 percent and 5 percent of each city’s revenue base. Again, that cut could conceivably come from LGA, the MVHC, or both. There are other state aid and revenue sharing programs that could potentially be cut, such as police and fire aids, certain transportation aid programs including the Municipal State Aid (MSA) program, and police training reimbursement aid. Likewise, further cuts in state agency budgets could have a trickle-down impact on city budgets—either through higher agency fees and assessments or through reduced services that must be picked up in local budgets. Of course, there is no way to determine the size of the state deficit before the forecast is updated in November, nor is there any way to predict how the Legislature might implement appropriation reductions. Given that city aid programs were largely spared from the 2002-2003 budget cuts, we suspect there may be political pressure to “share ” the state's 2004-2005 budget woes with cities. This uncertainty clearly makes financial planning for 2003 extremely difficult. We should know more in late November or early December when the next state budget forecast is released. However, you are already preparing your 2003 budget and you must set your preliminary property tax levies long before the state budget forecast will be announced. 111*^1 muilll Other Factors Cuts yet this year? Although most of the current focus on the state budget is on the 2004^5 biennium, there is still an outside chance that the 2002 December distributions of LGA and the MVHC reimbursement could occur IF the November 2002 state budget forecast shows a state deficit by the end of the current biennium that exceeds the current $300 million state rainy day fund and IF the governor decides to address the deficit through unalloUnent. Through “unallotment,” the governor effectively has the power to reduce legislative appropriations to address a state deficit that exceeds its reserves. Given that the state’s biennium ends on June 30.2003, the December 2002 LGA and MVHC payments would be the last distributions to cities this biennium. LGA reform Reform of the LGA system may be a topic of legislative focus during the upcoming session. The current formula uses statistical data from the decennial U.S. Census that has now been compiled and released. The Department of Revenue initially used one updated statistic from the 2000 Census to compute the 2003 LGA distribution. The use of that statistic produced large, unexpected variations in the distribution of state aids and, upon review, the Census data appeared to have unexplainable results. Essentially, the department will use the existing 1990 data for one more year. At a minimum, the Legislature will likely have to address this piece of the LGA formula during the 2003 legislative session. We also know that some legislators have indicated an interest in a total review of the formula and the funding level—especially given the State’s current fiscal predicament. This could lead to an extensive effort to reform the system. However, unlike possible cuts to balance the state’s budget, which could be implemented immediately, any reform of the system would not likely be effective until 2004. Other properly tax pressures Many school districts across the state are struggling to address their own financial needs. The state takeover of the majority of school funding coupled with the state’s financial troubles means that schools will not likely find sufficient new state resources. Many school districts have already announced they are “going to the voters’’ to approve new or expanded operating referendum levies. This will place pressure on taxpayers and may result in less acceptance of city tax increases. Likewise, the state could tap its property tax as a potential way to address its budget problem. Although the nearly $600 million state property tax levy is automatically indexed for inflation each year, the state could decide to raise its levy even further to balance the budget. Again, this could place pressure on commercial, industrial, and cabin taxpayers and make city tax increases more difficult. Additionally, the state could expand the base of the state property tax to include homesteads and other additional types of pre^rty. Strategies for Cities For city offlciais who remember previous state budget shortfalls and subsequent city aid cuts, much of this situation and the strategies that follow may sound familiar. Below are several considerations that may help you weigh the pros and cons of revenue enhancements, expenditure reductions, and use of reserves as you consi^r setting a budget for 2003. Ultimately, you will have to make decisions that best reflect the needs of your community. I. Consider increasing your property tax levy to cover or at least partially offset potential state aid reductions. If aid reductiont do not materudizOp you can o4iust your2004 property tax levy accordingly. A.) For cities over 2,500 population, levy limits are in place for taxes payable in 2003. Due to an extremely low inflation adjustment for this year’s levy limits, cities affected by levy limits might not have sufficient levy authority to cover even normal budgetary pressures. Levy limits are due to expire, but they could certainly be extended by the 2003 legislature. B.) Increasing your property tax levy could potentially result in a larger state aid reduction. Last January, the Governor unveiled a new proposal that based a portion of each city’s aid reduction on the size of each city’s increase in property tax levy plus state aids. In other words, the larger the city’s revenue, the greater the reduction in state aids. Although the Governor’s concept was not adopted by the Legislature, this proposal could always resurface in the 2003 legislative session. C.) Although property tax increases could be implemented to offset potential budget cuts, the property tax increases of cities could be viewed as municipal preparation for state aid cuts and legislators could rationalize cuts because cities are financially “prepared” for the reduction. D.) Increasing property taxes to cover a speculative state aid cut could be criticized or misunderstood by your citizens and business owners. You may want to consider enhanced discussions with your citizens, businesses, and legislators about the difficulties facing the city and setting a 2003 budget. E.) Consider the implications of tax reform on any tax increment financing (TIF) districts within your city. Past tax reform efforts, including the major changes enacted in 2001, may have severely impacted the revenue stream of TIF districts and the city may already be conunitted to property tax increases to cover TIF obligations. F.) Given the magnitude of the state budget deficit, other local units of government may also be considering increases in their property tax. With the new state property tax, legislators might be considering their own property tax increase to address the shortfall. You might want to consider the combined impact of these potential increases for your taxpayers. « ■iHMiisiaiaii J //. Consider tMer revenue enhancements where appropriate. A.) Do you have fees that are set substantially lower than the cost of the service provided? Now may be a good time to adjust fees to more closely relate to the cost of the service, thereby reducing the cunent subsidy from other revenue sources. Also, there may be certain property tax supported services for which fees could instead be charged. B.) If your city makes significant capital or maintenance expenditures for storm water control, you may wish to consider creating a storm water utility and removing these costs from the general fund. ///. Consider deveU^ing a plan to reduce appn^riations or delay Juture financial obligations as a strategy to cover the potential loss of state aid payments. If aid reductions do not materialize, you could make later a4fustments in your budget. A.) Any state aid or credit cuts might not be enacted into law until the session ends, which will likely be in late May. The cuts would likely be applied to the July and December 2003 LGA distributions and to the October and December 2003 MVHC reimbursement pa>ments. Cities will already be nearly five full months into the fiscal year, which means that spending reductions would have to be applied to the remaining seven months of expenditures. B.) You may want to consider budgeting for one-time expenditures that replace long-term ongoing costs, such as technology investments that might replace a staff position or consultant contract. C.) Consider delaying any hiring decisions until the Legislature crafts its budget during the 2003 session. D.) Consider delaying major purchases, as well as delaying new or expanded program initiatives. IV. Consider drawing down reserves to cover the loss of state aid. A.) Carefully consider the periodic cash flow needs of the city before deciding to draw down reserves. City fund balances are generally measured on December 31 of each year. This is a “high water mark” for city budgets given the structure of state aid payments and property tax distributions. An analysis of necessary reserves on a daily or weekly basis would provide a more accurate picture of the city’s cash flow needs. B.) State aid and credit cuts could be permanent and, ultimately, the city would have to increase taxes or reduce spending to avoid a long-term city deficit. C.) Drawing down reserves could potentially affect your city's credit rating and possibly increase the cost of future borrowing for the city. n 'll lift........ ...... For more informatioii The 2003 budget year promises to be a wild ride. Keep your eye on the Cities Bulletin and visit the LMC web site (www.lmnc.oig) for the latest information about developments with city aids and the state budget If you have any questicms. please contact Gary Carlson, Eric Willette or Jenn O’Rourice at (6S1) 281-1200.