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HomeMy WebLinkAbout11-25-2002 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 25,2002,7:00 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 llie Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Approve/Amend ** • NOV 2 5 2002 PRESENTATION 2. Commendation to Officer Mark Tomezyk Cl 1 r or PUBLIC HE.ARING 3. Charitable Gambling Ordinance - Proposed Revisions APPROVAL OF MINUTES * 4. Regular Council Meeting of November 12,2002 PARK COMMISSION COMMENTS - Sherokee Use, Representative PLANNING COMMISSION COMMENTS - Liz Hawn, Representative LMCD REPORT - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5. #02-2711 Western Steel Erection, Inc., 2687 Way/ata Boulevard - Conditional Use Permit Amendment - Resolution 6. #02-2840 Dahlstrom Development LLC, “2550” Wayzata Boulevard West - General Development Plan Review * 7. #02-2834 Robertand Julie Wiens, 1425 Bay Ridge Road-Conditional Use Permit- Resolution * 8. #02-2839 Boyer Building Corporation, 3320 WatertowTi Road - Preliminary Subdivision - Resolution * 9. #02-2846 Loren Pellett, 4753 North Shore Drive - Vacation - Resolution * 10. #02-2849 Steve Jacobson, 4185 Sixth Avenue North - Variances - Resolution * II. #02-2851 Kevin Curley/Wendy Kellett, 1291 Briar Street - Variances - Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 12. Casco Circle Drainage Project 13. Hennepin County Property Information Data Base Agreement - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 25,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 14. Extension of Hennepin County Agreement for Mapping Data Use - Resolution 15. Accept Donation fiom Trinity Lutheran Church for Seven Nations Park CITY ADMINISTRATOR'S REPORT 16. Long Lake Fire Station Pay Requests 17. Application and Certificate for Payment No. 7 - Ix)ng Lake Fire Station 18. Extend Moratorium on Telecommunications Towers - Ordinance 19. Appreciation to Minnetonka Portable Dredging Company - Resolution 20. Letter of Intent to Purchase Replacement Squad Cars 21 . Elimination of Facility Rental Charge from Police Service Cost Allocation CITY ATTORNEY'S REPORT 22. LICENSES One Day Gambling License - Resolution Liquor Licenses • 23. BILLS UPCOMING ISSUES AND EVENTS 2002 11/21 Council Work Session, Thursday, 5:30 p.m. 11/25 Council Meeting, 7:00 p.m. 11/28 HOLIDAY, Observance of Thanksgiving Day 11/29 HOLIDAY, Observance of Thanksgiving Day 12/02 12/05 12/09 12/24 12/25 Planning Commission Work Session, 6:00 p.m. Council Work Session, Thursday, 5:30 p.m. Council Meeting, 7:00 p.m. HOLIDAY, Observance of Christmas (Afternoon) HOLIDAY, Observance of Christmas Public A ttendance Meeting D ate ^ Council □ Planning Commission □ Park Commission □ Other ll/2-^/02. Please fill out the information requested BELOW FOR OUR CriY RECORDS. .! . i L i PRESENT FOR (hrom agenda) NAME (please print) ADDRESS NAME OR NUMBER REQUEST FOR COUNCIL ACTION Date: NOV 2 5 2002 CITY Oh OnOAiO Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good^ Chief of Police^ Item Description: Commendation to Officer Mark Tomczyk Exhibits: None DISCUSSION On November 6,2002, Officer Mark Tomczyk responded to an Orono residence where an adult male assaulted another man with a knife and said he was going to kill the victim and cut his throat. The victim was able to run away from the defendant and lock himself into a room. The defendant then took a large steel ice breaker and began damaging the victim ’s car, breaking all the windows and causing extensive damage to the body. Using proper officer safety procedures, effective verbal commands, excellent radio procedures and exhibiting a calm demeanor under great stress. Officer Tomczyk took the defendant into custody without incident. He was assisted by Officer Ameson, and Sergeant Famiok. The defendant was charged with two felony counts of assault and damage to property by the Hennepin County Attorney’s Office. Officer Tomczyk treats citizens, coworkers, and suspects with respect. He is a hard-working, reliable and dedicated officer. He maintains a positive attitude and is highly regarded by his fellow officers. He consistently furthers the department mission of “fairness, pride, quality, and service. COUNCIL ACTION RFOT IF.STFn Motion to approve a letter of commendation to Officer Mark Tomczyk, W 2 5 2002 REQUEST FOR COUNCIL ACTION CITY ot- o«o.^q DATE: November 25,2002 ITEM NO.: 3 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director's Report Item Description: Public Hearing on Charitable Gambling, Distribution of Proceeds List of Exhibits A. Summary of Minnesota State Statues B. State Form for Annual City Reporting C. Delano, Sample Letter and Form for Organizations Annual Reporting to City D. Delano, Charitable Gambling Ordinance E. Long Lake Charitable Gambling Ordinance F. Letter sent to organizations conducting charitable gambling in Orono Introduction Charitable Gambling is currently being conducted at one establishment, in the city of Orono, under the provisions of Minnesota State Statues Chapter 349. The Narrows has pull tabs to raise money for the Multiple Sclerosis (MS) Society. From July of 2001 through February of this year, the MoundAVestonka Hockey Association also had pull tabs at The Narrows. An employee of The Narrows said that they now only have pull tabs for the MS Society. The Navarre Lanes bowling alley used to have a pull tab operation to raise funds for the Mound/Northwest Tonka Lions Club, but they ceased operatioiLS in November 2001 and their license was not renewed for 2002. Charitable Gambling is regulated by the State of Minnesota Gambling Board with local units of government granting their own licenses for operations within their jurisdiction. Organizations conducting gambling are required to submit annual reports to the State Gambling Board. Attached you will find sections of the state statues pertaining to "local authority" for charitable gambling operations and sample ordinances and forms from several area cities that have charitable gambling operations in their cities. Page 1 of 3 City Receipt of 10% of Net Profits The state statues have a provision to allow local units of government to adopt an ordinance -that allows for the collection of up to 10% of the net profits from a charitable gambling operation to be used for "laUiul purposes" by the local government. Net profits, after deduction of prizes, allowable expenses, and state taxes, are approximately 10% of the gross revenues. This means that local units of government that collect 10% of die net profits are receiving about 1.0% of the gross revenues from a charitable gambling operation. Based on one yrai of financial reports for the MS Society’s charitable gambling operation in Orono, the City could receive approximately $1,500 per year to be used for lawful purpose expenditures. When this issue was reviewed in 2001, the estimated City receipts would have been approximately $10,000 per year, however the Mound/Noithwest Tonka Lions Club pull tab operation at the Navarre Lanes Bowling alley would have contributed $8,000 of this estimated $ 10,000 in annual revenue to the City. However, the Lions Club discontinued pull tabs at the bowling alley in November of2001 and did not renew their licence for 2002. These funds are administered and regulated by the local unit of government for any lawful purpose the local unit of government is allowed to participate in. The discussions in Orono have been to use the revenue for paric improvements. Exhibit B, the armual City reporting form, contains a listing of allowable "lawful purpose expenditures." Expenditure A-7 is for "activities and facilities benefitting youth under age 21." This category appears to allow the expenditure of funds for park and playground improvements. The organization conducting the gambling operation submits an annual reporting form to the local unit of government that details the net profits from the operation along with payment of 10% of the net profits. A local unit of government that collects a percentage of the net profits fi’om gambling operations is required to submit an annual report to the State Gambling Board that lists all such revenues collected and expenditures for the year. The State Gambling Board has standard forms that are used by locul units of government for annual reportmg. The amount of staff time required to implement collection of 10% of the net profits from the charitable gambling operations in the City appears to minor. Long Lake staff stated that completion of the annual reporting form. Exhibit B, for the State Gambling Board takes several hours each year. City Designation of a "Trade Area" for Expenditure of Net Profits Another provision in the state statues, which is also used by Long Lake and Delano, allows local units of government to specify where the net profits from charitable gambling are to be spent by the organizations conducting the operation. The local unit of government can define a "trade area" in which the net profits from a charitable gambling operation must be spent. The Long Lake ordinance requires that 75% of the net profits be expended in the cities of Long Lake or Orono. The City of Page 2 of 3 T Lt Il' Delano ordinance stipulates that 30% of the net profits be expended in Wright County. If Orono wishes to designate the use of net profits, this item will need to be addressed in an ordinance. COUNCIL ACTION REQUESTED: Conduct Public Hearing to receive conunents on possible options for distribution of proceeds fiom charitable gambling in the City of Orono Discuss approval of the City collecting 10% of the net profits fiom charitable gambling operations in the City to be used for "lawful purposes.” If the Council approves the concept of collecting this fee, staff will prepare an Ordinance that authorizes collection of this fee for approval at a future Council meeting. Discuss City policy on the "lawful purpose expenditures ” that the 10% fee could be used to fund. Discuss approval of defining a "trade area" in which the organization conducting the charitable gambling operations must expend the net profits. If the Council approves the concept of a trade area, staff will prepare a City Ordinance that authorizes establishment of a trade area for approval at a future Council meeting. Page 3 of 3 -oVV, i Minnesota Statutes 2000,349.213 Minnesota Statutes 2000. Table of Chapters Table of contents for Chapter 349 Page 1 of2 349.213_X<ocal authority. m Subdivision 1. X«oeal ragulation. (a) A statutory or home rule city or county has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling, and may require a permit for the conduct of gambling exempt from licensing under section 349.166. The fee for a permit issued under this subdivision may not exceed $100. The authority granted by this subdivision does not include the authority to require a license or permit to conduct gambling by organizations or sales by distributors licensed by the board. The authority granted by this subdivision does not include the authority to require an organization to make specific expenditures of more than ten percent from its net profits derived from lawful gambling. For the purposes of this subdivision, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling. A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except as authorized under section 349.16. subdivision 8, or 297E.02; provided, however, that an ordinance requirement that such organizations must contribute ten percent of their net profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for (i) lawful purposes, or (ii) police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations, is not considered an expenditure to the city or county nor a tax under section 297E.02, and is valid and lawful. A city or county making expenditures authorized under this paragraph must by March 15 of each year file a report with the board, on a form the board prescribes, that lists all such revenues collected and expenditures for the previous calendar year. (b) A statutory or home rule city or county may by \ ordinance require that a licensed organization conducting lawfu\ ^ \ gambling within its jurisdiction expend all or a portion of itsA iJfl^KVvCl expenditures for lawful purposes on lawful purposes conducted or\ ' located within the city's or county's trade area. Such an \ 2) //) \V\ ordinance must be limited to lawful purpose expenditures of 1 • U gross profits derived from lawful gambling conducted at premises I y* \ within the city's or county's jurisdiction, must define the I ^ ' city's or county's trade area, and must specify the percentage I C Vy of lawful purpose expenditures which must be expended within the / -- - - - -- trade area. A trade area defined by a city under this J ( subdivision must include each city and township contiguous to / the defining city. ^ (c) A more stringent regulation or prohibition of lawful http://u'ww.revisor.leg.sta(e.mn.us/stats/349/213.html 0 U 7/18/01 Minnesota Statutes 2000,349.213 gambling adopted by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision, except a political subdivision may prohibit the use of paddlewheels. Subd. 2. Z,ocal approval. Before issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the cour*’y and the town board of the town where the premises or hall is . cated. The board may require organizations or bingo halls to jtify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the city council or county board approving the premises permit or bingo hall license. The resolution must have been adopted within 60 days of the date of application for the new or renewed permit or license. Subd. 3. Local gambling tax. A statutory or home rule charter city that has one or more licensed organizations operating lawful gambling, and a county that has one or more licensed organizations outside incorporated areas operating lawful gambling, may impose a local gambling tax on each licensed organization within the city's or county's jurisdiction. The tax may be imposed only if the amount to be received by the city or county is necessary to cover the costs incurred by the city or county to regulate lawful gambling. The tax imposed by this subdivision may not exceed three percent of t^ie gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. A city or county may not use money collected under this subdivision for any purpose other than to regulate lawful gambling. A tax Imposed under this subdivision is in lieu of all other local taxes and local investigation fees on lawful gambling. A city or county that imposes a tax under this subdivision shall annually, by March 15, file a report with the board in a form prescribed by the board showing (1) the amount of revenue produced by the tax during the preceding calendar year, and (2) the use of the proceeds of the tax. HIST: 1984 c 502 art 12 s 18; 1986 c 467 s 25; 1987 c 327 s 21; 1988 c 705 s 1; 1989 c 209 art 1 s 35; 1989 c 334 art 2 s 44,45; 1989 c 335 art 1 s 220; 1990 c 590 art 1 s 37; 1991 c 199 art 2 S 1; 1991 c 336 art 2 s 34; 1994 c 633 art 2 s 19; art 5 s 96; 1994 c 633 art 2 s 2; 1995 c 264 art 17 s 11; 1998 c 322 s 6; 2000 c 300 s 8 Page 2 of2 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.statc.mn.us/stats/349/2l3.htmI 7/18/01 Minnesota Lawful Gambling LG510 City or County Annual Report, 10% Contribution Fund Page 1 of 2 5A)1 Local Unit of Government Infoimation Name of city or county Division I Street ^ City state MN Zip code Caleodar year .Contnbutk>n rate .% (indicate the percentage rate being imposed. The rate cannot exceed ten percent per year of net profits. Net profits are gross profits less amount expended for allowable expenses and paid in taxes assessed on lawful gambling.) a. Fund balance, if any. from previous year $. (If none, enter "(T) b. Add amount coRected (revenues) during the year from all organizations c. Subtotal (add lines a and b) s d. Minus total expenditures for calendar year made from the fund e. Fund balance - end of year (subtract lined from linec) If you have a positive end>of*year fund bai> ance, give a brief explanation of why the bal>< ance will be maintained: Expenditures eaat Lawful Purpose Expenditure Code fsea attachadi AirouPt S. S. s. $. f. Subtotal from other page(s) %, g. Total amount of expenditufes (enter on intd): $. Certification • I am the cRy or county offlcisl responsbie fbr the financial reporting of the restricted fUnd • I have reviswed the infoimation contained in this report aiKl certiy that Ihe above reported revenues, expenditures, and fUnd balance reflect the activity of the hind during this calendar year. • I am aware of restrictions under Minnesota sUta law on expendlures from bis fund and certify that the direct expenditures meet the defnition lawfril purpose expenditures or are for pofee. fire, and other emergency or pubic safety-related services, equipment, and training, excludir pension obigations. and are accounted for In a manner consistent wlh generaly accept^ accounting principles. • I declare that al information on this form is true. correcL and complete. Signature of responsible city or county official Title / Date / - /_____ / Signature of preparer Trtle Date // Contact person Title Date Phone number, including area code _ , This form must bs compisttd and mailed by March 15 to: Gambling Control Board Suite 300 South 1711 West County Road B Roseville. MN 55113 Questions on bis form should be directed to be Gambfng Control Board at 651* 639-4(X)0. Hearing impaired individuali using a TTY may cal be Vnnesota Relay Service at 1-600-627-3529. Thb pubicMion wi be made avalabie n alemabe format (Le. large prinL Braie) upon request The information requested on bis form wi become pubic bformaticn when received by be Board, and w6 be used to determine compiance wih Minnesota statutes and rules governing bwA.1 gambing actMBes. LQS10 City or County Annual Report. 10% Contribution Fund s/01 Name of city or county Page eaof Law^l PufDoaa Emfidihjw Codeftwaitictwdt Amouni l! Subtolii (anlar on ln«f on page 1) r ■IflF City or County Annual Report, 10% Contribution Fund • LG510, Instructions V01 Report Required As authorized by Minnesota Statutes 349.213. subdivision 1 (a), a statutory or home rule city or county has the authority to adopt an ordinance requiring that organizations contribute ten percent per year of their net profits derived from lawTut gambling conducted at premises within the cit/s or county ’s Jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for (i) lawful purposes, or (ii) police, fire, and other emergency or public safety-related senrices, equipment, and training, excluding pension obligations A city or county must by March 15 of each year file a report with the Board, on a form the Board prescribes, that lists all such revenues collected and expenditures for the previous calendar year. Expenditures All gambling expenditures from the fund must be for; • lawful purposes authorized by statute, or • amounts allocated to a city or county for police, fire, and other emergency or pubBc safety-related services, equipment, and training, excluding pension obligations. The chart at right briefly outlines the codes and lawful purpose expenditures (contributions) that are allowed. If you need additional information, refer to Minnesota Statutes 349.12, subdivision 25. A contribution may not be made to an organization licensed to conduct lawful gambling that contributed to the fund. Certification • Have the person who is responsible for the fund and the preparer of the report sign and date the report on page 1. • Include the name and phone number of a contact person. Code Aliowed contributions A-1 - To 501 fc)(3) organizations. - To 501(c)(4) festival organizations. A-2 Relieving the effects of poverty, homelessness, or physical or mental disability. A-3 Treatment of: • delayed posttraumatic stress syndrome - compulsive gambling A-4 Funding a public or private nonprofit education institution registered with or accredited by Minnesota or any other state. A-S A scholarship fund. A-6 Recognition of humanitarian or military service. A-7 Activities and facilities benefi*ing youth (z under age 21. ^ A-10 Expenditures for police, fire, and other emergency or public safety-related ser­ vices, equipment, and training (pension or retirement funds not allowed). A-11 To a nonprofit organization which is a church or a body of communicants. A-13 Wildlife management project that benefits the public-at-large, provided that the Department of Natural Resources ap ­ proves it before the expenditure is made. A-14 Costs related to grooming and maintaining snowmobile trails and all-terrain trails that are grant-in-aid trails, or other trails open to public use, provided that the commissioner of natural resources has approved the expenditure before it is made. A-15 Conducting nutritional programs, food shelves, and congregate dining programs primarily for persons who are age 62 or older or disabled. A-16 To community arts organizations, or expenditures to fund arts programs in the community. I A-8, ' Not applicable. A-9& A-12; c March 29,2001 Mike Frach, Delano Fire Relief Association 303 14‘*» St., Delano, MN 55328 Scott Shoutz, Delano Area Jaycees 200 3"* St. N, Delano, MN 55328 Ben Bauman & Frank Muckenhirn Knights of Columbus 265 N., River St., PO Box 486 Delano, MN 55328 John HerkenhofT Delano Youth Hockey Ass'c P. O. Box 62 Delano, MN 55328 RE: Compliance with City Ordinance regarding Charitable Gambling Dear Gambling Managers: Enclosed please find a copy of the City of Delano's Annual 10% Contribution Fund Reporting Form. This form closely follows the draft version supplied to the City from the State Gambling Board. Please complete the enclosed form and return it along with copies of your LG 1010, LG 503, or Schedule C-D and financial statements for the calendar sear of2000 . This information must be returned to City Hall by April 30, 2001, along with a check, made payable to the City of Delano, in the amount of 10% of the net income as required by Delano City Code 414.01, Subd. 9 A and B (Copy enclosed). Subd. 2 of Delano City Code Gambling adopts the definitions of Minnesota Chapter 349, which defines “Net Profits ” as gross profit less reasonable sums actually expended for allowable expenses. Failure to disclose the required information may result in revocation, suspension, or cancellation of your permit. Sincerely yours. Marlene E. Kittock City Clerk/Treasurer CC: Mayor and Council Enclosure G:\KiU4tck\LECAL\GAMBLN01DOC City of Delano Local Gaming Entity Information Name of Gaming Entity Submitted by Title Phone No. Street City State Zip Code Financial Information, 10% Contribution Fund Attach a copy of your annual financial statement for calendar year__^ LGlOlO, and LG503, a. Fund Balance-Beginning of Calendar Year 2_ ___________________ Amount Collected (revenues) ___________________ Cost of Goods Sold ___________________ Allowable Expenses ___________________ Net Profit for Calendar Year 2__ ___________________ Fund Balance End of Year b. c. d. e. f. g- h. Lawful Purposes Expenditures lC-% of Net Profit {10% of line e) (Please make check payable to the CITY OF DELANO, P O Box 108, Delano, MN 55328 Allowable Expenditures (line d • attach additional sheets if needed) Date Payee Type of Allowable Expenditure Amount Lawftil Purposes Expenditures (lineg • attach additional sheets if needed) Date Payee Lawful Ptirpose Expenditure Amount Certification • I am the aforementioned organization ’s gambling manager and the official responsible for the finnncial reporting of the restricted fund. • I have reviewed the information contained in this report and certify that the above reported revenues, expenditures, and fund balance reflect the activity of the fund during the calendar year. • I am aware of restrictions under Minnesota state law on expenditures from this fund and certify that the direct expenditures meet the definition of lawful purpose expenditures or are for police fire and other emergency or public safety-related services, equipment, and training, excluding pension obligations, and are accounted for in a manner consistent with generally accepted accounting principals. • I declare that all information on this form is true, correct, and complete. Signature of Responsible Organization Manager Title Date Phone Signature of Preparer Title Date Phone Contact Person Title Date Phone 'This form must be completed and mailed by April 30,2001 to: City of Delano, PO Box 108, Delano, MN 58328 Attn: City Administrator. 612-972-0550 or 612-072-6174 C \KitU)ck\FOR.MS\GAMlXGlO DOC 1 1 Local Organizations 10 % Annual Contribution Reporting Form City of Delano Name of Organization ___________________________ Page_____of Report Required As authorized by Minnesota Statutes, section 349.213, subdivision 1(a), a statutory or home rule city or county has the authority to adopt an ordinance requiring that organizations contribute ten percent of their net profits derived from lawful gambling conducted at premises within the dt/s or county jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for (i) lawful purposes, or (ii) police, fire, and other emergency or public safety-related services, equipment and training excluding pension obligations. An organization must submit to the local unit of government by January 31, of each calendar year a form that lists all such revenues collected and expenditures for the previous calendar year.__________ Financial Informationt 10% Contribution Fill in the calendar year for which this report is being completed. a. Indicate the beginning of the calendar year fund balance. b. Fill in the total amount collected during the calendar year c. Fill in the total cost of goods sold during the calendar year. d. Fill in the total cost of allowable expenses for the calendar year. e. Add b and c and subtract d to calculate the net profit for the calendar year. f. Add e and a to determine the end of calendar year fund balance. g. Fill in Lawful Purpose Expenditures. This should match the submitted copies of the LG503 state forms. Allowable Expenditures All gambling expenditures from the fund must be for: • Lawful purposes authorized by statute, or • Amounts allocated to a city or county for police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations. The chart below briefly outlines the codes and lawful purposes expenditures (contributions) that are allowed. If you need additional information, refer to Minnesota Statutes, section 349.12, subd. 25. A contribution may not be made to an organization licensed to conduct lawful gambling that contributed to the fund. A-1 To and by 501(c K3) organizations or to and by 601(c X4) festival organizations. A-2 relieving the effects of poverty, homelessness, or physical or mental disability. A-3 Treatment of delayed posttraumatic stress and compulsive gambling. A-4 Funding a public or private nonprofit education institution registered with or accredited by Minnesota or any other state. A-5 A scholarship fund. A-6 Recognition of humanitarian or military service. A-7 For activities and facilities benefiting youth under age 21. A-8 Not applicable. A-9 Not applicable. A-10 Expenditures for police, fire, and other emergency or public safety-related services equipment, ,equipment, and training A-11 To and by a nonprofit organization which is a church or a body of communicants. A-12 Not applicable. A-13 Wildlife management project that benefits the public-at-large provided that the Department of Natural Resources approves it before the expenditure is made. A-14 Costs related of grooming and maintaining snowmobile trails that are grant-in-aid trails, or other trails open to public use, provided that the commissioner of natural resources has approved the expenditure before it is made. A-15 Conducting nutritional programs, food shelves, and congregate dining programs primarily for persons who are age 62 or older or disabled. CertiHcation • Have the person who is responsible for the fund and the preparer of the report sign and date the report. • Include the name and telephone number of a contact person.____________________________ G: \ Kittock\ FOR.MS\ GAMING 10 DOC ) J C pV d 4 b'J^AV'i 0 Ord\rKirtC< $413.01 orgaDtzatioOyOr individual, the route, the length, the estinuted time of commencement and termination, and the general composition. Such apoKcation shall be executed by the individuals ap^ing therefor or the duly author!^ agent or representative of the sponsoring organiution. B,Investigation. The O^rk shall forthwith refer al^pplications for parades to the Council for its consideration. \^e Council, in conjunction with the appropriate public safety authorities, shall investighte the application to Mtermine whether the proposed parade will cause a hazard to person^r property, caus/ inconvenience to the public and whether adequate arrangerr^nts have i^een or can be^ade for necessary direction and control of traffic. The Council may eith^l) deny tVt permit, (2) grant the permit, or (3) grant the permit on condition that a date/rime oi/route are acceptable to applicant which differ from such as is stated in the appH^tlon. Applicant shall have three (3) days within which to communicate acceptance oKany additional terms to the Clerk. Subd. 4. Unlawful Acts. A. No person shall hamper, obstru^ impede, ofHnterfere with any parade, parade assembly or any person, animal or vehicle participating\tbe parade. B. No person shall drive a vehi^e between the vehicle^r persons comprising a parade when such parade is in motion. C. No person shall ente^into a parade without prior fh(thorization from the parade chairperson. D.No parade participant who is riding on any vehicle, animal pother parade unit shall throw, hurl or foneibly eject any substance or article of any kind, including but not limited to candy and other edible items, balloons, novelties and flowers. N^is prohibition also applies to anyyparticipant in the parade who is not riding on a vehicib. animal or parade unit, unless t^ participant is walking within five feet of the street curbNhi no event shall any such ^stance or article be distributed in such a manner as to enco^ge minors or other pa^e viewers to leave the curb and enter the traveled portion of tb^oadway. Subd. 5. ^ception. This section shall not apply to (1) funeral processions, \r (2) a govenunentrn agency acting within the scope of its functions. SECTION 414.01. GAMBLING. Subd. 1. Purpose. The purpose of this section is to regulate and control the conduct of lawful gambling pursuant to the provisions of Minnesota Statutes Chapter 349. 4-31 Jink I -V ' j §414.01 Subd. 2. Definitions. For the purposes of this section the terms used herein ^all have the meanings defined or used in Minnesota Statutes Chapter 349. "Gambling organization” means an organization licensed for charitable gambling by the State or issued a permit for charitable gambling by the City. Subd. 3. Additional Regulations. The following regulations shall apply to the conduct of lawful gambling within the City in addition to the provisions of Minnesota Statutes Chapter 349. Subd. 4. Unlicensed or Unpermitted Bingo or Lawful Gambling Prohibited. Any organization eligible under State law to conduct lawful gambling may do so only after applying for and receiving a license from the State Charitable Gambling Control Board after approval of the Council or, if exempt from State licensing, after applying for and receiving a permit from the Council. Subd. 5. Application. Organizations exempt from State licensing under Minnesota Statute Chapter 349 that wish to conduct lawful gambling shall make application for a permit with the Clerk on a form the Clerk provides. The application shall be verified by a duly authorized officer of the organization and by the designated gambling manager. No application shall be accepted unless accompanied by the required investigation fee. The Council shall act upon a permit application within ninety (90) days from the date of application, and the permit shall be issued not less than thirty (30) days following approval. Subd. 6. Investigation Fee. The Council by resolution rhay assess an investigation fee of up to $100.00 on organizations applying for or renewing a state license for local permit to conduct lawful gambling in the City. Subd. 7. Conditions Governing Issuance of Permit. A.Permits shall be issued only where the applicant and all of its owners, managers, employees, or agents are free of convictions for offenses which relate directly to such person’s ability, capacity or fitness to perform the duties and discharge the responsibilities of the gambling activities. B.No permit shall be issued to an applicant which has, within the State, during the one*year period prior to the date of application, been denied a gambling permit, had a gambling permit revoked, canceled or suspended, or whose owners, managers, or agents have had a permit similarly denied, revoked or suspended. C.Permits shall be issued only to applicants who have fully and truthfully provided all of the information requested in the application, who have paid the permit fee in full as well as the fee for investigation, and who have cooperated fully and truthfully with the City in the review of the application. 4-32 I ) J E. F. G. - H, I. J. §414.01 Permits shall be issued only to fraternal, religious, veteran or other non-profit organizations which have been in existence within the City for at least three (3) yiars, and have at least fifteen (15) present, active members in good standing who have been numbers of the organization for at least six (6) months. Permits shall be issued only to applicants who can satisfactorily show that they either own or lease the premises where the gambling activity would be conducted. If gambling activity is to be conducted on leased premises, the applicant must satisfactorily show that the lease will exist for a term at least equal in length to the term of the anticipated permit. The permit applicant shall designate one person to be gambling manager who shall be responsible for the conduct of the business. The gambling manager shall remain responsible for the conduct of the gambling devices, raffles, pull-tabs, and their operation until any other suitable person has been designated in writing as the gambling manager, and an investigation fee and application for a change of manager has been filed, and the proposed successor to the gambling manager shall have been approved by the Council. The gambling organization shall promptly notify the Council in writing of any such change indicating the address and name of the new gambling manager and the effective date of such change. Any permit which would result in inconsistency with the comprehensive development plans of the City, or would otherwise have a detrmental affect upon other persons or properties in the vicinity, shall not be granted. Upon approval and issuance of a permit, the applicant shall display the permit in a prominent place on the gambling premises at all times. All permits granted herein are non-transferrable with regard to persons, organizations or location. The permit fee and investigation fee must be tendered with each new application for a permit, and must also be tendered at any time when there is a proposed change of ownership, change of gambling manager or reapplication for a permit. In the event that a permit is denied, revoked, canceled, suspended or surrendered, for whatever reason, no part of the annual permit fee or investigation fee will be refunded to the applicant. Subd. 8. Conditions Governing all Charitable Gambling. A. The operation of gambling devices or conduct of gambling is not permitted between the hours of 1:00 a.m. and 8:00 a.m. The time limitations specified herein shall be prominently posted on the premises where gambling occurs. 4-33 J 9 ) J §414.01 B.Each gambling organization shall allow inspection of the premises and the operation of the gambling devices, pull-tabs, and raffles by any and all appropriate City officials, at reasonable times. C.Violation of the terms and provisions of this ordinance may be cause for the revocation, suspension or cancellation of other permits or licenses issued by the City to a gambling organization. D.Upon request by an appropriate City official, any person employed in or by any gambling organization shall furnish identification and correct address. E.No natural person under eighteen (18) years of age shall be employed in the operation of gambling devices, pull-tabs or rafnes, c.xccpt that those persons under eighteen (18) years of age may sell raffle tickets or chances but only while off the . ambling premises. F.Gambling devices, pull-tabs, raffles and all equipment related to gambling activities shall be kept, maintained, operated or conducted only upon the premises owned or leased by gambling organizations, except that tickets for raffles or chances may be sold off the premises. Subd. 9. Expenditures for Lr.wful Purposes. A.Each organization licensed to conduct lawful gambling within the City must contribute ten percent n0%l of its net profits derived from lawful gambling in the City to a fund . administered and regulated by the City without cost to the fund for disbursement by the City of such receipts for lawful purposes. B.Each organization licensed to conduct lawful gambling within the City must expend thirty percent (30%) of its expenditures for lawful purposes on lawful purposes conducted or located within the county’s trade area. The thirty percent (30%).of its expenditures shall be in addition to the ten percent (10%) ot~its iiet profits contri^ted to the City pursuant to subdivision 9A. The county’s trade area is hereby defined to be the geographical limits of Wright Count}', Minnesota. tfistory: SuM. 8.A amended fy Ordinance A'a 0 94-03 //. May 17. 1994. 4-34 p E ORDINANCE 915 CITY OF LONG LAKE LAWFUL CHARITABLE GAMBLING Q15.00 - DEFINITIONS Unless the context dearly indicates otherwise, the words, combination of words, terms and phrases as used in Section 915, et seq, shall have the meanings set forth in the following paragraphs: CHARITABLE: Aid given to those in need, a gift for public benevolent purposes LAWFUL GAMBLING: The operation, conduct, or sate of bingo, raffles, paddlewheels, tip boards, and pull-tabs. ORGANIZATION: A religious, fraternal, veterans, or other nonprofit entity which has been in existence for at least three years, has at least 15 active members, and is not in existence solely for the purpose of conducting gambling. GAMBLING CONTROL DIVISION: The state agency that licenses and regulates the gambling. NET PROFIT: gross profit less reasonable sums actually expended for allowable expenses (see attached for formula). TRADE AREA: The city limits of the City of Long Lake and the contiguous City of Orono. PREMISES PERMIT: A permit caused by the State Gambling Control Board for each premise where lawful gambling is to be conducted. LAWFUL PURPOSE: Any expenditure by, or contribution to, a 501 0(3) organization, provided that the organization and expenditure or contribution are in conformity with standards prescribed by the Gambling Control Board under Section 349.154. 915.2 - LAWFUL GAMBLING 1. statement of Purpose . It is the stated policy of the City of Long Lake that to the extent lawful, regulated gambling is permitted within the City, the net profits and proceeds of gambling shall directly benefit the citizens of the'City of Long Lake. 2. Gambling a Privilege . The City Council finds that lawful gambling is a nuisance prone activity and as such, is subject to restrictive regulations. The City Council further finds and declares that the ability to conduct lawful gambling and participate in lawful gambling is a privilege, rather than a right. 3. Investigation Fee . Any person or organization applying for a state license, or a renewal thereof to conduct lawful gambling within the City of Long Lake shall submit to a background investigation conducted by the City. At the time it files its application for a license with the Gambling Control Board, or renewal thereof, the person or organization must: A. Complete an investigation form provided by the City. B. Furnish any additional information required by the City. C. Pay an investigation fee of $50.00 (renewal) or $100 (new license). This fee will be refundable if the application is withdrawn and no investigation has been started before the City ’s receipt of this information. No person or organization, which is exempt from state license requirements, is required to comply with these investigation requirements. 915.4 - LICENSE RESTRICTIONS 1 The City Mav PisaDProve Premises Permit Based on the Following Requirements: A. The City reserves the right to disapprove a Premises Permit application for individual bingo occasions, raffle games, and pull-tab operations for any of the following reasons: i.Violation by the applicant of any statute, rule, regulation, or ordinance relating to gambling. ii.Failure to make reports required by any applicable ordinance, rule, regulation, or statute. I U WWW III.Any reason which would justify the Minnesota Gambling Control Board in denying an application for a license. 2. No Premises Permit or Renewal Will Be Approved Unless : A. The organization is conducting the lawful gambling on the premises of a church, a fraternal, veterans, or other nonprofit organization, or on the premises of an on<sale liquor licensee of the City of Long Lake. B. Unless all of the following requirements are met: I.The physical site for the organization's headquarters or the registered business office of the organization is located within the City of Long Lake or a city contiguous to the City of Long Lake for at least two years immediately preceding the application for a license or: II.The organization has at least 15 members that are residents of the City of Long Lake trade area. •m w w III.This requirement may be waived for an existing licensed organization which does not comply with this requirement (i) and (ii) if approved by the City Council at the time of the Premises Permit renewal. 915.6 - DISTRIBUTION OF PROCEEDS 1. During any year that an eligible organization is licensed to conduct lawful gambling, no less than 75% of its lawful purpose expenditures shall be for lawful purposes conducted or located within the City of Long Lake trade area. The City of Long Lake trade area is defined as the city limits of the City of Long Lake and the contiguous City of Orono. 2. During any year that an eligible organization is licensed to conduct lawful gambling, such organization shall contribute 10% of the net profit derived from lawful gambling within the City to a fund administered and regulated by the City of Long Lake, without cost to such fund, for disbursement by Long Lake of the receipts for lawful purposes. These 10% contributions shall be made to the City of Long Lake at the same time of filing the monthly State Gambling I v>k.Vi4AKJ t rrttiM m if Report and at no time shall the 10% contribution be a negative number, (i.e. the licensed operation loses money on operation in a given month the 10% contribution shall be $0.00). 915.7 - REPORTING REQUIREMENTS 1. Every organization licensed to conduct gambling in the City of Long Lake shall file with the City Clerk copies of the Monthly State Gambling Report and Schedule C required to be filed with the Minnesota Lawful Gambling Control Board pursuant to Minn. Stat. Ch. 349. The records and reports shall be due at the same time they are due to the Gambling Control Board. The City of Long Lake shall file all State or Federal reports necessary. 2. Every organization licensed to conduct gambling in the City of Long Lake shall file with the City Clerk an annual summary report of lawful purpose expenditures of gambling profits no later than January 30 of each year. 3. Organizations conducting gambling activities in other communities as well as Long Lake shall segregate the gross receipts, expenses, profits, and expenditures of profits from the Long Lake operation. 4. A semi-annual report of the expenditures for lawful purpose gambling within the trade area shall be provided to the City Clerk on or before July 2 and February 2 of each year. 915.8-PENALTY Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor. 915.9 - EFFECTIVE DATE OF ORDINANCE This Ordinance shall take effect and be in full force and effect after its passage and publication as provided by law. Adopted this 4*^ day of January 2000 By: Michael Bash, Mayor i ■" > \ 4 r' ■ ■- ATTEST: GITYoT ORONO Mmldpal Offices Street Mdrau: 2750 Kelley Pxhway OroM^ MN 5535$ lUltaf Iddreu: P.O. Box 66 CrysUIBey. Mt 5S323O066 October 11,2001 Sharon Deziel MS Society P.O. Box 206 Hamel. MN S5340 Dear Sharon: Enclosed please find a signed resolution approving the renewal of the premises permit for the MS Society at the Narrows Saloon, 3380 Shoreline Drive. A copy of the Premises Permit Renewal Application is also included. “At their August 13,2001 City Council meeting, the Council considered revisions to the charitable gambling ordinance. These revisions would allow the City to collect up to 10% of the net profits from a charitable gambling operation to be used for “lawful purposes'* by the City. Although the Council did not adopt any changes to the current gambling ordinance at that meeting, they may reconsider these changes at a future date. The MS Society should be aware that gambling activity f/ jt the Narrows Saloon could be affected by any future changes to the City's gambling ordinance. For your information, I have enclosed a copy of the minutes regarding the charitable gambling discussion from the August 13,2001 Council meeting. Please contact me at 952-249-4602 if you have any questions. Sincmly, Lin Vee City Clerk Enc. Tdephooc (952) 2494600 • Fas (952)2494616 www.cLoroaojBo.us i Jub A MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12,2002 7:00 o'clock p.m. ... NOV 2o m ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council Members Jim Murphy and Jim White; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Kristi Anderson. Absent were Council Members Bob Sansevere and Jay Nygard, and Zoning Administrator Wendy Bottenberg. Mayor Peterson called the meeting to order at 7:11 P.M. CONSENT AGENDA 1. Approvc/Amead Items #6,7, 8,9,10,11,12, and 13 were added to the Consent Agenda. Murphy moved, White seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of October 28,2002 Murphy moved. White seconded, to approve the Minutes of the Regular Council Meeting of October 28, 2002 as presented. VOTE: Ayes 3, Nays 0. *3. Special Council Meeting of the Canvassing Board of November 6,2002 Murphy moved. White seconded, to approve the Minutes of the Canvassing Board Meeting of November 6, 2002. VOTE: Ayes 3, Nays 0. PARK COMMISSION CO.M.MENTS • Pauline Bouchard, Representative Bouchard congratulated the Mayor and Council Members on their re-election to the Council. Bouchard reported that four Park Commissioner ’s terms would soon be expiring and each had expressed an interest in reappointment to the Commission. Bouchard reported that the Ilackberry playground equipment was almost entirely installed and looks wonderful. With regard to French Creek. Bouchard stated that the Commission and staff had met with the prairie restoration group to come up with recommendations on how to go about reseeding, planting, and burning the presen e in order to establish the prairie site the City had hoped for. She added that once the prairie restoration begins, the Commission w ill be studying the potential of obtaining state funds for a shoreland restoration project at the site. PAGEl - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12,2002 7:00 o’clock p.m. PARK COM>USSION COMMENTS - Continued m Bouchard indicated that the Commission is looking forward to the pull tab public hearing scheduled for November 25,2002. Murphy asked if the Park Commission was prepared to make its case at the public hearing as to why they want these funds. Especially, in light of Council Member Sansevere’s hesitation to take funds from the kids. Bouchard pointed out that the Mound Hockey Association had already pulled out of the pull tab operation and the only participant left was the MS Society. White noted that the MS Society recently donated $2,000 for Parks. On behalf of the Park Commission, Bouchard requested the City Council give consideration to a location for an outdoor rink in Orono. Mayor Peterson stated that the Park Commission and City Council would be scheduling a work session within the next month. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative Chair Smith had nothing to report, however, indicated she would stay for questions. PUBLIC COMMENTS Larry Palm, of Ace Properties, owner of the Western Steel Building, stated that building inspector Lyle Oman required they install sprinklers in the building for fire safety. In the interim, while Palm collects bids, Oman suggested they leave the trucks, with acetylene tanks, outside to avoid risk of fire. Mr. Palm indicated that, while he would try to collect the bids and move the process along as soon as possible, he would need at least a 60-day window to park the trucks outside. He indicated that he had the underground proposal on his desk and was awaiting the sprinkler proposal. Mayor Peterson asked staff how' Mr. Palm could be allowed to park the vehicles outside. Barrett indicated that the City could grant Western Steel the opportunity to park their trucks outside based on Oman’s recommendation. Gaffron suggested that the City speak to the Fire Marshal about where to temporarily park the trucks outside and amend the CUP to allow the outside storage of vehicles for a specific amount of time. Murphy stated that it seemed like a pretty clear-cut case, the trucks need to be removed. White encouraged Mr. Palm to relay to Western Steel the City’s concern that the fenced yard be locked in order to avoid vandalism problems to the vehicles. PAGE 2 1 V MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12,2002 7:00 o^clock p.m. PUBLIC COMMENTS - Continued GaiTron stated that he would talk to Fire Marshal Meyer, and suggested Mr. Palm obtain a site plan from Western showing where the trucks would be parked. He stated that the Council could temporarily allow the outside storage on this emergency basis. He could bring back a recommendation to the Council at the next meeting, with a resolution, that temporarily amends the existing CUP. Mr. Palm stated that, in reality, once he obtains a set of drawings from the contractor he needs to submit those to the City for approval, and then the installation process would begin, and additional permits would need to be pulled. Barrett suggested Council make two motions, one to amend the CUP granting the immediate right to park the trucks outside, and the other to direct staff to bring back the revised resolution. Mayor Peterson moved, Murphy seconded, to amend the CUP to allow Western Steel to park the vehicles outside effective Immediately on a temporary basis. VOTE: Ayes 3, Nays 0. Murphy moved. Mayor Peterson seconded, to direct staff to follow-up with building inspector Oman and the Fire Marshall to get the process in place and amend the Resolution to allow Western Steel to park their trucks outside. VOTE: Ayes 3, Nays 0. ZONING ADMINISTRATOR'S REPORT *4. #02-2823 RON CLOUD, 3460 NORTH SHORE DRIVE, VARIANCES - RESOLUTION NO. 4889 Mr. Cloud stated that he would have the shed removed this weekend, however would not likely have the blacktop removals finished until spring and questioned if he could obtain permits once the shed was removed. Gaffron indicated that would be acceptable. Murphy moved. White seconded, to approve and adopt RESOLUTION NO. 4889, a Resolution granting variances for side yard setback, hardcover in 75-250' setback zone, average lakeshore setback, and lot coverage by structures to replace an existing deck to the lakeside of the residence located at 3460 North Shore Drive, subject to the conditions contained with in the Resolution. VOTE: Ayes 3, Nays 0. 5. #02-2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY • FI.NAL DEVELOPMENT PLAN APPROVAL - RESOLUTION NO. 4890 Gaffron explained that on October 21 the Planning Commission recommended approval of the General Development Plan for the proposed medical'dental office after reviewing the most recent plan sheets. The application this evening requires consideration and potential final action subject to a small number of remaining issues being suitably resolved. PAGE 3 ' i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12,2002 7:00 o*clock p.m. 5. #02-2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY - CoD|inued GafTfron noted that, while the purchase agreement remained outstanding, issues related to the sale of the City property to the applicants would be dis. ’ssed at a work session later in the week. With regard to the wetland issue, Gaffron reported that the MCWD TEP panel had determined that the wetland should be considered incidental and therefore exempt from WCA mitigation requirements. As it is crucial to the City’s plan for a trail to run along Highway 12, Gaffron pointed out that if the MnDOT r-o-w is problematic, the City needs to obtain an easement over the dental office property, and argued that now is the time to do so. Gaffron maintained that public sidewalks would be located partially within the property and partially within the Kelley Parkway right-of-way, therefore the City should obtain an easement over the portion of sidewalk outside the r-o-w, as it would serve the public. Gaffron further recommended that the City calculate the acreage-based development fees on the gross acreage of the site, not exclusive of easements. With regard to stormwater management, Gaffron indicated that, just that day, the City had received the contingency plan demonstrating ponding on the neighboring parcel, if the Dahlstrom Development pond plan was not acceptable to MCWD. Engineering matters, as noted in Tom R^llogg s letter of September 25, 2002, Gaffron noted had not been formally addressed, however, would be prior to issuance of building permits. In reference to rezoning the parcel at “2745" Kelley Parkway, Gaffron noted that because the applicants had incorporated a portion of the adjacent parcel into their site planning, language w'as included In the final development plan approval that requires future development of the adjacent parcel to be via the PUD process. By developing the adjacent parcel via the PUD process, this gives the City more control and the developer a better opportunity to be granted certain things without demonstrating a hardship. In review of the final development plans, Gaffron acknowledged that the site plan, architectural style, and signage are similar to the layouts approved in the Revised Concept Plan approval phase. The parking easements/agreements would be subject to final approval of the City Attorney and would be required prior to Council approval of the final development plan. With regard to the lighting along Kelley Parkway, the City had not yet reached a conclusion on the style of street lighting to be provided. The site lighting plan consists of approximately eight treestanding 25 ’ high light poles with shoebox style fixtures. Gaffron noted that while staff believes the proposed lighting plan is reasonable, it could be improved by judiciously adding more lighting fixtures and placing them at a lower height. Finally, Gaffron pointed out minor changes to the landscaping plan, which included further screening of the trash enclosure to limit direct view by westbound Highway 12 traffic. Once again, since the City had not determined the strcetscape for Kelley Parkway, Gaffron felt that final acceptance of the proposed species and their spacing should be left for future consideration. PAGE 4 I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12,2002 7:00 o*clock p.m. 5. #02-2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY - Continued GafTron indicated that staff recommended approval per the attached “Resolution Granting General Development Plan Approval for Planned Unit Development No. 3 for Professional Properties of Orono, Inc.”. Whereas the enclosed resolution includes language that allows approval to become effective only when the remaining issues have been resolved and all conditions requiring action, as identified by the Planning Commission, have been satisfied. Murphy inquired as to where the applicants stood with regard to the City ’s recommendations. He asked if they found the path the City was taking to be acceptable. Bob Ritter, of Professional Properties of Orono, reminded the Council that they were eager to get going on the project. He stated that currently three contractors were bidding on the project and each had suggested that the applicants lay hay over the site to prevent it from freezing. Ritter asked if they could add their ability to go in and lay the hay as an addition to the Resolution. White indicated that this was common practice, and if something happened to stop negotiations, the City could require the applicants to remove the hay. Murphy questioned whether there were other issues remaining, beyond the continuing trail issue. He asked what alternatives the City had if MnDOT did not allow the trail to encroach on their r-o- w. Gaffron stated that, to date, MnEKDT had suggested that they were not interested in a trail on their r-o-w. If the City does not require the easement from the applicants, the City may lose the trail option altogether along this stretch. Murphy asked if the diagram showed the best placement. Gaffron noted that, as shown, the trail was quite low, however, if the trail were moved over it would interfere with power poles etc. Gaflron felt that the public would be better served if the trail could run in the MnEKDT r-o-w, but the feasibility of that was yet to be seen. Murphy asked who the City could deal with at MnDOT to further these discussions. Moorse was unsure of the names of the individuals to whom he spoke. Murphy indicated that representatives from the City would be meeting with MnDOT on Friday and could bring in this issue to discuss as well. Moorse maintained that the ideal would be to have Hennepin County reclaim this roadway and turn it back into an urban section, likely to occur in 2007. Since this section would probably be turned into a boulevard with curb and gutter at that time, Moorse felt they could talk to MnDOT. Murphy concurred, suggesting they lay this scenario out for MnDOT and discuss it with their r-o-w representatives. PAGE 5 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12,2002 7:00 o*clock p.m. 5. #02-2843 PROFESSIONAL PROPERTIES OF ORONO, 2765 KELLEY PARKWAY - Continued Even though the construction of the trail would not likely occur for many years, Gaffron stated the City would need to require a letter of credit for the trail construction and an easement now. White indicated that the City could offer no good solutions to the applicants regarding the trail and easements. Although the City would need to require the easement, White felt it was highly unlikely they would use it. White recommended the resolution indicate that the City would try to place die trail other than within the easement, and if successful, they would e.xtinguish the easement agreement. Ritter ci^?i»',ed that, if the City were successful in placing the trail within the MnDOT r-o-w, the City would abandon the easement. Murphy stated that the County would likely take back this rcadway within the next five years and encouraged the Council to move the Resolution forward with this added language. Moorse questioned the Council with regard to the lighting issue. He asked what the Council’s opinion was regarding the character west of Willow Drive. Was the Council interested in a darker rural area or a more urban section? He questioned how they felt the lot should look at night, as well as, what the light along Kelley Parkway should look like. Murphy stated that the office building would need to be lit for clients into the early evening hours. Moorse asked if the proposed shoebox style lights would be acceptable. Gaffron stated that the Planning Commission recommended lights no higher than 20’ and perhaps a few more strategi.:ally placed near the handicapped parking area. White indicated that he supported the height limit and suggested interested parties identify and drive by other parkways to get a feel for what works well. For example, near Anderson Parkway in Bloomington, White indicated there was a nice parkway with good lighting to look at. Mayor Peterson questioned if there were actually two separate lighting areas to consider. Gaffron indicated that the shoebox style light had been proposed for the parking lot, whereas Dahlstrom had proposed a more decorative lighting within their development. In addition, he recommended that the landscaping be put on hold until the whole design for Kelley Parkway would be determined. Gaffron suggested the Council adopt the Resolution with the proposed amendment and look at the development agreement for discussion at Thursday night’s work session. ^lurphy moved. White seconded, to adopt RESOLUTION NO. 4890, a Resolution granting General Development Approval for Planned Unit Development No. 3 for Professional Properties of Orono, Inc, with the amendment to allow the applicants to spread hay at the site. VOTE: Aves 3, Navs 0. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday) November 12,2002 7:00 o*clock p.m. MAYOR/COUNCIL REPORT Mayor Peterson reported that she had attended the Orono Senior Housing Open House over the weekend and noted that there was a large crowd for the event. She indicated that the project was put together nicely and she was impressed with the finished product. Mayor Peterson pointed out that Bob “the Shoe man” would be holding his housing week kick-off event to raise money by sleeping in a cardboard box. Moorse added that, in his first year, Bob raised $7,500, this year he had vowed to earn $750,000. Murphy complimented the City on its instrumental role in bringing the MCWD wetland delineation report, for the Professional Properties of Orono site, to a satisfactory conclusion. Moorse acknowledged Bonestroo John Smythe ’s contribution to making this happen. Murphy reported that the Long Lake Fire Department met to discuss taking the Maple Plain contract. He indicated that if their City Council saw fit to support the undertaking, it would happen. Murphy explained that Steve McGinty would be making a presentation next week and recommended Orono monitor the situation and ensure they have all the information they need. White congratulated Mayor Peterson and Council members Murphy and Sansevere on their rc- elections. PUBLIC SERVICE DIRECTOR’S REPORT *€. REQUEST FOR PAYMENT NO. 1 IMPROVEMENTS - HACKBERRY PARK PLAYGROUND Marphy moved, White seconded, to approve Request for Payment #1, Hackberry Park Playground Equipment Project to ODESA Construction Inc. In the amount of $88,989.74. VOTE: Ayes 3, Nays 0. CITY ADMINISTRATOR’S REPORT *7. YEAR 2003 NON-UNION EMPLOYEE PAY AND BENEFIT ADJUSTMENT - RESOLUTION NO. 4891 Murphy moved. White seconded, to au .pt RESOLUTION NO. 4891, a Resolution approving pay plan adjustments for non-union employees for 2003, which reflects a 3% adjustment to pay schedules and an increase In the City’s cafeteria benefit plan contribution to $500.00 per month. VOTE: Ayes 3, Nays 0. *8. LONG LAKE FIRE STATION PAY REQUEST Murphy moved. White seconded, to approve payment of $16733 to BKV' for architectural services, to be funded from the Joint Fire Account. VOTE: Ayes 3, Nays 0. PAGE 7 I ------- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 12,2002 7:00 o*clock p.m. *9. LONG LAKE FIRE STATION CHANGE ORDER NO. 2 Murphy moved. White seconded, to approve Change Order No. 2 for the Long Lake Fire Station Project in the amount of $26342.86. VOTE: Ayes 3, Nays 0. *10. DONATIONS Murphy moved, White seconded, to accept the donations from Bonestroo Associates, in the amount of $200.00; and from the Narrows Saloon, in the amount of $8,000.00; and to express the City’s appreciation to Bonestroo and Associates, and The Narrows Saloon and all who participated in and contributed toward the golf tournament/fundraising effort. VOTE: Aves 3, Nays 0. *11. PLANNING STAFF REORGANIZATION AND PROMOTION OF WENDY BOTTENBERG Murphy moved. White seconded, to approve the planning staff reorganization to create two City Planner positions at Level 3 of the pay schedule, and to promote Wendy Bottenberg to the City Planner position at step IV, $51,760.00, effective November 11,2002. VOTE: Aves 3. Nays 0. *12. STORMWATER AND DRAINAGE TRUNK MAXIMUM FEE - CODE AMENDMENT - ORDINANCE No. 222, 2^“ SERIES Murphy moved. White seconded, to adopt ORDINANCE NO. 222,2^® SERIES, an Ordinance amending Section 3.22 of the Code by Establishing a Maximum Storm Water tnd Drainage Trunk Fee for the 2-acre and 5-acre zones. VOTE: Ayes 3, Nays 0. *13. STORMWATER AND DRAINAGE TRUNK FEE - EXPANSIONS Murphy moved. White seconded, to direct staff to prepare an ordinance amendment regarding revisions to the sections of the Stormwater and Drainage Trunk Fee Ordinance relating to structure expansions. VOTE: Ayes 3, Nays 0. 14. VIEW ROUNDABOUT VIDEO The City Council and staff viewed a video describing modem roundabouts. Five advantages to roundabouts were discussed during the video, which included; safety, capacity, economy, environment, and beauty. White stated that it looked like the roundabouts work. Murphy encouraged staff to investigate the potential for roundabouts in Orono. Moorsc indicated that staff, and Bonestroo, are looking for a software system to model a roundabout. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, November 12,2002 7:00 o*clock p.m. aTY ATTORNEY’S REPORT Attorney Barrett had nothing new to report. *15. LICENSES Liquor License- On Sale Temporary Liquor License 1.Minnetonka Center for the Arts 2240 North Shore Drive Wayzata,MN SS391 Two Days - Event to be held on November 20 and 22,2002 Murphy moved, White seconded, to approve aii licenses. VOTE: Ayes 3, Nays 0. *16. BILLS Murphy moved, Sansevere seconded, to approve payment of the Aii Fnnds Account VOTE: Ayes 3, Nays 0. ADJOURNMENT Sansevere moved, Nygard seconded, to adjourn the Orono City Councii Meeting of November 12,2002 at 8:35 P.M. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vec, City Clerk Barbara Peterson, Mayor PAGE 9 ± ^^^>,g 82!^—a ^ 'U, TA ______^ ■13V\ [,--------- SBi I f^ici^r^A 29. Wu Ij^ M V r =v I “micfc I. 1600,I J I M6UXE *Tf^ •?-i rfriEiflMM' m %© Z-JL If I ✓T •• • •-r-<Mrj fl ^OV 2 5 2002 CHyuroHOi,o Jiin< -300 4400 4000 aanr-j \ / 3200 2800 11 X •eoL>« 2400 >.am.i 2000 1600 t200 400 meeting set for MONDAY, NOVEMBER 25,2002 7:00 P M ORONO COLNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, NUNNES9TA r„d« Ih!!? *>' “PO" by one motion by the City CounundCT the Consent Item on the agenda. Memos regarding each of the Agenda items are available in 1 Public Packet - located on the counter near the sign in sheet. [ptyKlC roll call CONSENT AGENDA 1. Approve/Amend PRESENTATION 2. Commendation to Officer Mark Tomezyk PUBLIC HEARING 3. Charitable Gambling Ordinance - Proposed Revisions APPROVAL OF MINUTES * 4. Regular Council Meeting ofNovember 12,2002 PARK COMMISSION COMMENTS - Shcrokee Use. Representative PLANNING COMMISSION COMMENTS - Liz Hawn, Representative LMCD REPORT — Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT e. »02.«4P l LC. -2550" Wa,^„ Bou,cv„d Wca. - Occ. 7. #02-2834 and Julie Wiens. 1425 Bay Ridge Road - Conditional Use Permit - • 8. #02-2839 B^rjuilding Comoration. 3320 Watertown Road - Preliminary Subdivision • • ?0 **^53 North Shore Drive-Vacation-Resolution • ?■ Si.xth Avenue North - Variances - Resolution II. #02-2851 Kevin CurIcyAVendyKclIett. 1291 Briar Street - Variances - Resolution MAYOR/COUNCIL REPORT 9 PUBLIC SERVICE DIRECTOR S REPORT 1 ?. Casco Circle Drainage Project ■24 13. Hennepin County Property Information Data Base Agreement -Resolution ( AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 2«i ?nn, , nn » 14. Extension of Hennepin County Agreement for Mapping Data Use - Resolution 15. Accept Donation from Tnnity Lutheran Church for Seven Nations Park City of Orono, Minnesota Street Numbering Irxiex Map Ivmn Poults I'** north —— ntwira. Jxi ISu 5 *“ •*''■ ^ St S'*** CITY ADMINISTRATOR'S REPORT 16. Long Lake Fire Station Pay Requests 17. Application and Certificate for Payment No. 7 - Long Lake Fire Station 18. Extend Moratorium on Telecommunications Towers - Ordinance 19. Appreciation to Minnetonka Portable Dredging Company - Resolution 20. Letter of Intent to Pm chase Replacement Squad Cars 21. Elimination of Facility Re-;tal Charge from Police Service Cost Allocation CITY ATTORNEY'S REPORT 22. LICENSES One Day Gambling License - Resolution Liquor Licenses • 23. BILLS i i ■ REQUEST FOR COUNCIL ACTION 2 5 2002 C'lrorOHcwyfo Date: November 21,2002 Item No Department Approval:Administrator Approval: Name: Michael P. Gaffton Title: Planning Director Agenda Section: Zoning Item Description: #01-2711 Western Steel Erection, Inc. - 2687 Wayzata Blvd. Amendment to CUP - Resolution On November 12, Larry Palm requested on behalf of Western Steel that the CUP condition limiting the extent of outside storage of vehicles be temporarily lifted until the fire suppression sprinkler s}^em could be installed. Western Steel has a number of trucks containing oxy-acetylene welding tanks which are deemed as a potential fire hazard and cannot be legally stored within the building until it is sprinkled. The appli^t requested a 60-90 day grace period allowing outside storage of vehicles until the system is installed. Council directed the applicant to provide a site plan showing how the outside storage would occur, wd directed staff to prepare an appropriate amendment al lowing the temporary storage. As of this writing, staffhas not seen a proposed storage plan from the applicants; however, applicants’ contractor has applied for a permit to install the waterline needed to serve the sprinkler system, so progress is occurring. A resolution granting approval for temporary storage is attached, and the storage plan will be attached to it when it is received and found acceptable to staff. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. \ mm <: A RESOLUTION GRANTING A TEMPORARY AMENDMENT TO CERTAIN CONDITIONS OF RESOLUTION NO. 4727 FILE NO. 01-2711 WHEREAS, Western Steel Erection, Inc., (hereinafter "the applicants") and Ace Properties, are owners (hereinafter “the owners ”) of the property located at 2687 Wayzata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: Attached Exhibit A, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the City Council on November 26,2001 adopted Resolution No. 4727 granting to the applicants a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3 to permit outside storage on the southeast comer of the property and for a commercial/industrial site plan approval; and WHEREAS, Resolution No. 4727 contains Conditions of Approval which limit outside storage to the southeast comer of the property, and limited the vehicles tliat could be stored outside to 6 trailers, 2 trucks, 2 cranes, and 1 boom truck, requiring that the remainder of company vehicles and equipment would be stored within the building on the property; and WHEREAS, the Orono Building Oftlcial and Fire Marshal have ordered that storage of company vehicles containing oxy-acetylene tanks shall not be allowed within the building on the site until such time that the building is provided with a fire suppression sprinkler system; and WHEREAS, the City Council finds that the continued storage within the building of said company vehicles containing oxy-acetylene tanks constitutes a potential fire and safety hazard until such time that the building is provided with a fire suppression sprinkler system; and WHEREAS, the applicants have requested permission to temporarily store ___company vehicles containing oxy-acetylene tanks outside the building until such time that the fire suppression sprinkler svstem can be installed; and Page 1 of 6 r WHEREAS, the applicants have agreed to provide a site plan indicating the proposed location for temporary storage of said company vehicles; said plan will be attached to this Resolution as Exhibit B upon approval by City staff; and WHEREAS, the appKcants have indicated the estimated time frame for installation of the fire suppression sprinkler system is 60-90 days. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby grants permission to the applicants to store___company vehicles containing oxy-acetylene tanks outside on the property subject to the following terms and conditions: 1. 2. Storage of said vehicles shall occur only in the locations shown on Exhibit B. Such outside storage shall be allowed beginning on the date of this Resolution and ending either on March 1, 2002, or on such date that the Orono Fire Marshal and Building Official certify that the fire suppression sprinkler system is operational, whichever comes first, after which date the conditions of Resolution No. 4727 relative to outside storage shall again take effect. 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 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 Orono, Minnesota at a regular meeting held this 25 th day of November, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2Sth day of November, 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. li I Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of November, 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 3 of 6 mm 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 , a credible____whose identity I proved on the oath/affirmation of__________ witness and who executed the foregoing instrument, and acknowledged that hc/shc/they executed the same as his/her/their free act and deed. STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of Notary Public ,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/aflimiation of 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 4 of 6 \ General Concept Plan Approval Date: August 26, 2002 (Resolution #4852) Concept Plan Approval Effective Period: August 26,2002 - February 26,200.1 Final development Plan Approval Application Date: September 18,2002 Initial 60-Day Deadline: November 17,2002 Extended Deadline per Applicant*! 10-28-02 Letter: December 10,2002 REQUEST FOR COUNCIL ACTION 2 5 2Q02 CifYUh UtiOf\iQ Date: November 22,2002 Item No.: Department Approval: Administrator Approval: Name:MichaeI P. Gaflron^<(^\ Title: Planning Director ' Agenda Section: Zoning Item Description: #02-2789/02-2840 Dahlstrom Development, LLC, “2550" Wayzata Dlvd - Proposed Residential Development - General Development Plan Review List of Exhibits A - Notice of Planning Commission Action 10-28-02 B - Wally Case (DSU) Landscape Plan Comments 11-6-02 C - Steve Johnston Letter of Deadline Extension 10-28-02 D - Applicants Fee Proposal & Calculations Received 11-20-02 E - Letter from City of Long Lake 10-18-02 F - City Submittal to MnDOT 11-4-02 (Cover letter) G - Planning Commission Memo & Exhibits 10/18/02 H - Planning Commission Minutes October 21, 2002 1 - Executive Summary - Wayzata Boulevard Sub Area Transportation Study Summary of Request and Status of Review Summary. Applicants are requesting General Development Plan Approval, with final Council action anticipated at Council’s December 9 meeting. At the November 25 meeting. Council should discuss the issues noted in this memo, and should identify and discuss any further issues which need discussion. The elements of the request include: 1) Approval for rezoning the properties north of Kelley Parkway to RPUD 2) Review and approval of all elements of the PUD General Development Plan 3) Preliminary Plat Approval (for the entire development) 4) Final Plat Approval (for Development Phase 1) Drafl documents to be presented for Council review on December 9 include: a. Resolution for General Development Plan Approval b. Draft Development Agre'rment for PUD No. 4 #02>2789/02*2840 Dahlsirom Development LLC November 22,2002 Page 2 of 5 c. Resolution for Preliminary Plat Approval d. Resolution for Final Plat Approval (Phase I) e. Draft Ordinance to Rezone Property and Add Section 10.53 Subd. 11 Rc: PUD No. 4 Status of Application Review. On October 21 Planning Commission voted 7-0 to recommend approval of the project subject to a number of conditions noted below. Applicants requested that Council review be delayed until November 25 to give applicants time to addre.ss outstanding issues, which include: - anticipated minor revisions to site plan pending final wetland delineation certification by MCWD; - required revisions to site plan to address City Engineer ’s comments; - the Council’s request to address affordability options and potentials Applicants have allowed an extension of the 60-day review deadline to December 10. Applicants have not yet submitted new plan sets addressing the results of the wetland delineation noraddressing the engineer ’s comments. We are advised that due to the MCWD wetland review, the area of wetlands on the site is somewhat greater than originally defined, and will result in the loss of approximately 5 units, so we will be seeing a slightly revised layout in the next few weeks. Planning Commission Recommendation Planning Commission on a 7-0 vote recommended approval of the General Development Plan as proposed subject to the comments and notations by staff in the memo of October 18,2002. Their review and recommendation covered the following specific plan elements; 1. Site layout 2. Building styles and proposed materials and color palette 3. Provisions for pedestrian circulation, accessibility and connectivity 4. Recreation amenities, public and private 5. Overall landscape plan The motion included the recommendation that Council reach conclusions regarding lighting , the Stregtse^pe qf Kelley,Parkway, housing affordability, and development covenants. The motion t.xpressly included a recommendation for approval of the phasing concept, and approval of the preliminary plat and Phase I final plat. The motion included language indicating the approval recommendation is subject to Council review and acceptance of the final Traffic Study and tesqlutipn of the housing affordability issue to the Council’s satisfaction. The motion included a recommendation that applicants work with staff to resolve outstanding engineering and other related issues either noted in the staff memo or which may come to light in the future. I m i k- f #02*2789/02>2840 Dablstrom Development LLC November 22,2002 Page 3 of 5 Issues forPiscussion 1. 2. 3. Review of General Development flan elements. See the Planning Commission memo and minutes, Exhibits G & H. Also review the comments by Vally Case (Exhibit B) in regards to building massing and character, and especially in regards to landscaping. Staff and the developer have not yet met to discuss the many suggestions included in this memo. Housing Affordability . Applicants and staff met with the City ’s financial consultant, Mark Ruff of Ehlers and Associates, on November 20. Ruff indicated that his review of the developer’s financial information indicates the level of profitability of this project is within the normal ranges of expected profit, hence the developer is not reaping “windfall” profits that could potentially be used toward a higher level of affordability. The developer has suggested that without City participation it will be very difficult to realize an affordability component with this project. Council has suggested that the 3-4 units proposed to be kept affordable have the appearance of a token effort on the part of the City and the developer. It has been suggested by Council that instead, the City should educate itself regarding what “affordable”, “workforce” and “life-cycle ” housing is, and the multiplicity of factors that affect the ability to provide those types of housing, then determine the types of efforts necessary to achieve these types of housing. An option to consider is that this developer, rather than constructing a few “affordable ” units, would contribute significantly to a fund established by the City to assist in the development of affordable housing. Development Fees. Applicants have submitted a development fee proposal in response to staffs Fee Estimate provided to the developer in August. Please review Exhibit D. Applicant has accurately portrayed the staff estimates regarding Park Dedication fees as well as City sewer & water connection charges and stormwater trunk fees. The essential differences between staffs estimates and the developers request are as follows: a.Park Fees. Pre-Dev. Fair Market Value-staff estimate: $8.92 million .............................. - stated purchase price: $5.86 million Aside from the difference in land value. Developer is taking issue with the residential minimum per-unit fee of S3250 and proposing an 8% cap at $2,265 per residential unit. Developer suggests that our fee structure also do not account for the public and private recreational amenities provided in the development. However, the private amenities are a separate RPUD requirement, so only the public trails might be a subject for discussion in temis of reductions... Total res./comml. park fees per staff estimate $683,400 Total res./comml. park fees per dev. proposal $468,737 ; ( J ^02-2789/02*2840 Dahlstrom Development LLC November 22,2002 Page 4 of 5 b. . S&fV Connection Charges. City estimate: $726,216 Developer proposal: $514,773 c. d. The essential difference is that developer wishes to pay the S&W fee only for the dry buildable portion of the land, as that is how the density is calculated. However, up to and including 2000, this S&W connection fee was charged on a unit basis, and for 2000 was $3,645 per unit for sewer and $5,050 per unit for water. In 2001 the fee was restructured to be an acreage charge, based on gross acreage (including wetlands^ since the City had no clear picture of how much of the developable Hwy 12 assessment area was wetland. The fee was based on the dollar amount needed to be recouped to cover City ’s costs of the original project, divided by the gross renmaining undeveloped acreage. Had the restructuring not occurred, the S&W unit fee for 2002 would have been approximately $9-10,000/unit. For 2002, the S&W connection charges total $14,1 15/acre. For the residential portion this represents a S&W unit fee of about $3600, vs the $9-10,000 it would be had the change not been made in 2001. While the prior owners and not the developer benefltted from this restructuring, the City is obligated to have development pay its fair share of the costs of the existing infrastructure it benefits from. Storm Water & Drainage Trunk Fee. Again, developers suggest that the fee should be based on dry buildable land acreage. However, as noted in the recent staff memo and code anaendment regarding the SW&DT Fee for 2-acre and 5-acre zones, the original ordinance established a fee structure based on the entire acreage of the various zones of the City and did not exclude wetlands from the calculation method. Staff SW&DT Fee estimate: $299,752 Developers proposal: $213,872 Developer requests credits for trunk water and storm sewerfacilities constructed bv developer. - Developer is requesting credits for $ 16,9 1 2 for provision of excess capacity in water lines the City has required to be 12 ” vs 8 ”. - Developer is requesting credit for $151,088 for construction of the regional pond, as well as construction of facilities to serve the property to the west. Staff will be reviewing the entire fees proposal and making a recommendation to Council on December 9. t M2*2789/02>2840 Dahbtrom Developmcnl LLC November 22,2002 Page 5 of S 4.Lighting. Streetscape of Kellev Parkway. Applicants have provided examples of street lighting they are suggesting would be appropriate for Kelley Parkway and the interior of the develop!., .nt (See Exhibits C>4 of the October 18 PC memo). Discussion should consider whether this style of lighting meets the City’s vision for this area, and whether these lighting styles can or should be shielded to limit the upward glow of light. 5.Draft “Wavzata Boulevard Sub Area Transportation Study”. Staff has reviewed and commented on a first draft of the transportation study. The executive summary is attached. Note that transportation issues relating to this specific development were the first phase of the Study, and were incorporated into the Engineer ’s memos of October 1,2002. 6.Engineering Issues. Because the developer was waiting for confirmation of the wetland delineation, most of the engineering issues defined in Tom Kellogg ’s letter of October 1, 2002 have not yet been addressed. Revised plans are expected from the developer shortly. 7.Covenants. Applicants have provided drafts of covenants to be filed for each of the various property owner associations to be created. These are available should you wish to review them. COUNCIL ACTION REQUESTED Council is requested to review the applicants’ general development plan and determine if it is acceptable. Samples of color palettes and materials will be available for review at the meeting. Council should discuss each of the 6 items noted above, and identify any remaining issues which need further discussion or consideration. Applicants are requesting General Development Plan approval, preliminary plat approval and Phase 1 final plat approval on December 9. The next step would then be to finalize the terms of the development agreement. I I M r CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 ZONING FILE #02-2789/02-2840 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 28, 2002 TO:Dahlstrom Development LLC 7745 Polaris Lane Maple Grove, MN 55311 COPIES:Orono Plaza Attn; Tom Reiersgord Reiersgord Law Finn 4500 West 44th Street Minneapolis, MN 55424-1001 Landform 510 First Avenue North #650 Minneapolis, MN 55403 Malkerson Gilliland Martin LLP Suite 1500 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402-3205 TYPE OF APPLICATION: PUD Development - General Development Plan Approval - Preliminary Plat Approval DATE OF MEETING: October 21, 2002 Planning Commission recommended as follows: Motion to recommend approval of the following elements of the General Development Plan as proposed subject to the comments and notations by staff in the memo of October 18, 2002: 1. Site layout 2. Building styles and proposed materials and color palette 3. Provisions for pedestrian circulation, accessibility and connectivity 4. Recreation amenities, public and private 5. Overall landscape Plan The motion included the recommendation that Council reach conclusions regarding lighting, the streetscape of Kelley Parkway, housing affordability, and development covenants. The motion expressly included a recommendation for approval of the phasing concept, and approval of the preliminary plat and Phase 1 final plat. The motion included language indicating the approval recommendation is subject Council review and acceptance of the final Traffic Study and resolution of the housing affordability issue to the Council’s satisfaction. The motion included a recommendation that applicants work with staff to resolve outstanding engineering and other related issues either noted in the staff memo or which may come to light in the future. Vote: 7 Ayes, 0 Nays #02-2789/02-2840 October 28, 2002 Page 2 ^plicant's next scheduled meeting is confiimed as; City Council - Monday, November 25, 2002; meeting starts at 7:00 p.m. Minnesota Statutes §15.99 requires that the City must approve or deny zoning applications within 60 days of receipt of the completed application. The statute also provides that the City may extend the review period for an additioiud sixty days upon written notification to the applicant Your application for General Development Plan Approval was received and deemed complete as of September 18, 2002, and the initial 60-day period will expire on November 17, 2002. Per the letter from Stephen M. Johnston, the applicant has acknowledged an extension of the review period for application #02-2789/02-2840 to Tuesday, December 10, 2002. The reason for the extension is that the applicants have requested that City Council review of the final development plan, preliminary plat and phase 1 final plat review be scheduled for the Council’s November 2Sth meeting which would extend past the initial 60-day period. The December 10 date also follows the Council’s December 9th regular meeting should review extend beyond November 25th. The City reserves the right to further extend the review period the full 60 dajrs to January 17, 2002 should that be necessary. If 3^u desire certified copies of the official Planning Commission minutes, they are available friMn the City Recorder after review and approval by the Planning Commission. If you have questions, please contact Planning Director Mike Gaffton at 952-249-4600. c 1 B //-za-OT. DAIlLCiRI-N SI IARI )I.( AV AN1>UI3/\N DATE: 6 November 2002 TO:Mike Gaffron Planning Director CityofOrono 2750 Kelly Parkway Orono, MN 55356 FROM: Wallace L. Case. ASLA Landscape Architect/Planner RE:Review of Final Development Plan #02-2789/2840 Dahlstrom/Landform Development: “Stonebay” (Highway 12 at Willow Drive) In response to your request, we have reviewed the Final Development Plan submittal drawings for the proposed Stone Bay project and have the following comments. Drainage and Utility Easement Clarification I. Sheet 1 of the plat states that the developer donates and dedicates to the public for public use forever the parkway and the drainage and utility easements as shown on the plat. 2. Sheet 2 of the plat shows drainage and utility easement over all of Outlot F. Portions of Outlot F will be developed in future Phases A and D and the drainage and utility easement will need to be revised and vacated on the areas to be developed. Building Massing and Character 1. Sheets A1.1, A1.2, A1.3, show elevations of the street, rear and fiont/garage facades of the rambler units. The design of these one-story walkout units includes varied roof and wall. planes that reduce the apparent building mass and scale and will add visual interest to the units. These units are generally traditional but not strongly based on a specific period or style. They incorporate some nice architectural trim and detailing, stone veneer and other potentially attractive materials. They also include windows on all building facades which reinforce the visual interest and character of the units. All windows shown include divided lites or muntin bar inserts that also reinforce the traditional style and character of the units. I601/M2-2789/2840 Dahlstran/Latu^orm Devetopment "SloneBqy'Page I 2. Elevation A1.2 shows the rambler roof plan. The varied roof planes which add visual interest to the buildings also result in concentrating roof runoff adjacent to the building entrances. These areas may need roof gutters and careful attention to finish grading and paving to ensure that storm runoff is directed away from the buildings and that ice build­ ups don't occur. Elevation A1.3 shows siding below the stone veneer and siding stepping down intermittently with the grade change to the walkout level. The stone veneer forms the visual base of the building and needs to continue to the ground line. In addition, the siding treatment at all grade breaks should be reasonably uniform and should minimize exposure of unfinished foundations. The design and layout of these units results in clusters or groups of drives with side-loaded garages. This arrangement is more desirable than fronting all the garages directly on the street. However, the garages will be immediately adjacent to the building entrances and a very prominent part of the front of the rambler units. They will also continue to be highly visible from the project streets. The architectural treatment and quality of the garage facade and doors will greatly affect the overall short and long term project appearance. The front/garage elevation indicates that some type of raised panel doors will be used to enhance the character and break-up the visual mass of the doors. It may be desirable to add windows to the garage doors to further reduce the apparent mass and enhance the garage facade character. The build quality and architectural treatment of the doors should reinforce the overall character and quality of the project. 3. Sheet A2.2 shows elevations of the front, side and rear facades of the two/three story townliomes. The design of these two story (front) and three story (rear) buildings also includes varied roof and wall planes that will help reduce the apparent building mass and scale, and add visual interest. It may be desirable to incorporate additional variation into the roof planes to further reduce the mass and scale of the largest (three unit) buildings. The units are also generally traditional and should relate well to the rambler units and surrounding area. The townhomes also include some nice architectural trim and detailing, stone veneer and potentially attractive materials. They appear to include different widths of siding, wh’ :h could provide additional interest and character. They also include windows on all building facades, which will enhance the visual interest and character of the units. However, the windows do not all appear to be of the same traditional architectural style. Only some of the front, and none of the rear or side windows iiKlude divided lites or muntin bar inserts. Incorporating windows of different qualirt’ or architectural style and character detracts frem the cohesiveness of the design and overall character and appearance of the project. All window s should be of the same quality, finish and architecniral style incorporating divided lites or muntin bar inserts. The front and rear face of these buildings and many of the end facades are equally prominent and visible from public and private streets and adjacent buildings. All facades should be treated to a reasonable extent as front facades. The design and layout of these units results in fronting all garages directly on interior private streets. These streets will be the focus of much of the dailv activitv for the I60l/U02-2789,'2S40 Dahlstron'Lanc^orm Development 'StoneBt^Page 2 residents. The architectural treatment of these garage fa9ades and doors will greatly affect the overall short and long term appearance of these high>use interior streets. The proposed rear elevation shows stone veneer on the garage facade, which will greatly enhance the quality and appeal of these areas. However, it also shows solid garage doors, \^ch detract from quality and appearance of these facades. Adding high quality garage and . person doors with windows and a suitable architectural style/treatment would enhance the character and appeal of these facades and interior streets. The side elevation shows colunuis supporting the rear decks. These columns are not shown in the rear elevation. This detail needs to be addressed as it affects the size of the decks, function of the driveways and look of the facade and area. 4. Sheet A3.2 shows elevations of the front and side of the three plus story loft condomium building/s. The design of these large buildings includes hip roofs, gables, and some variation in the wall planes that will help reduce the apparent building mass and scale, and add visual interest. The hip roofs slope down at both ends of the building. In addition, the longer building steps down a full story at the western end. The hip roofs and reduction in stories will reduce the perceived mass of the buildings. However, these are large, long buildings and it may be desirable to incorporate additional variation into the roof or wall planes to further re.iuce the mass and add interest. The lofl buildings are also generally traditional and will relate well to the townhome and rambler units in materials and style. The elevations of the lofl buildings do not appear to incorporate much architectural trim or detailing. However, they indicate stone veneer and other potentially attractive materials. The stone veneer is shown along the porch/patio pier surfaces, and vertical wall faces that extend from the patio/porch level to the gable soffits in five locations along the front, and one at each end. The stone veneered vertical faces help break-up the horizontal mass but also emphasize the vertical and do not help tie the building together. The addition of some strong horizontal lines or detailing elements (i.e. stone veneer around the building at the base, change of siding a the top floor, etc.) could help unify the building and further reduce the apparent mass. No elevation is shown for the treatment of the rear of the buildings. The roof plan on A3.1 shows the same number of gables on the rear of the building. The treatment of the rear facades needs to be identified. The front and ends of these buildings are prominent and visible fix>m public and private streets. The rear facades will be very prominent to the other loft units and may be visible from some of the rambler units (depending on the amount of tree clearing in the constmction and wetland mitigation areas). All facades should be treated to a reasonable extent as front facades. The lofts buildings also include windows on the front, rear and end facades, which will enhance the visual interest and character of the units. Howev er, the window&'doors do not appear to be of the same traditional architecniral style as incorporated in the other project units. Incorporating windows with divided lites or muntin bar inserts and trim similar to the other units would reinforce the overall architectuial st>ie and character of the project. 5. llie roof planes are large, prominent and represent a significant design element on all of the buildings. The roofing system is not identified on the plans. The overall appearance l60l/a02~2789/2S-40 Dahlstron'lxuKfform Development “StoneBqy Pages > :< 4»«> and character of the project would benefit significantly from a textured/architectural roofing system other than the standard three tab asphalt shingle. 6. Sections on sheets C2.2 and C2.3 show utilities located in common trenches which is a good practice that needs to be administered during construction to ensure that common trenching is adhered to and properly placed to provide adequate space for the landscaping. Wherever possible the trenches should be held back from pavements and structiues not less than 6 feet (preferably 8-10 feet) to provide more room for landscaping installation and growth. 7. Aii 'valks should be constructed not less than 5 feet wide to meet handicap accessibility guidelines. The walks shown as 3 feet wide should be widened to 5 feet to facilitate access for everyone (the ADA 5 foot width is predominantly to facilitate wheel chair movements, but also allows two people to pass more safely on a firm/cleared paved surface and will more readily accommodate resident's and children's normal activities. 8. The townhome sections on C2.2 also show supports for the decks over the driveways. If this is still under consideration, it needs to be addressed on the building elevations. 9. Section 1 on sheet C2.3 shows the slope between the first floor and walkout level at 3:1 max. This is acceptable. Tenaced or low boulder walls should be used to reduce this slope in locations where vegetation is difficult to establish or maintain, or to control drainage or lessen the potential for erosion. 10. Section 2 on sheet C2.3 .shows parking adjacent to a retaining wall with a four foot drop­ off. Adequate space must be provided between the road, vehicular exit space and the top of any wall with a significant drop-off for safety. Enough space should be provided to install a railing, hedge or barrier planting between any potentially walkabic area and the top of any retaining wall over 3o inches high. 11. Section 2 on sheet C2.3 and detail 1 sheet C7.3 illustrate a concrete ribbon curb around the cul-de-sac islands. The detail for this curb profile slopes away from the rain garden and w ould trap water at the toe of the curb. If sloped toward the rain garden this profile may trap sediment along the lip at the face of the curb. This detail should be reviewed with engineering and carefully administered during constrviction. 12. Sections 2 on sheet C2.3 and E-E' on sheet L7.2 show pedestrians walking in the rain garden area. What walking surfaces will be used in the northwest Lane rain garden island? 1 3. Detail 5 Boulder Retaiiung Wall on Sheet C3.2. llie use of low and/or terraced natural boulder walls in lieu of modular concrete or timbers will result in a much more natural and attractive development. These walls require e.xperienced and skilled artisans to achieve the best results. The detail notes that the largest stones shall be placed at the bottom of the wall. The walls will function better and look more natural if they are constructed without a strictly graduated tiered look. This can be accomplished by creating walls with a more /601/1*02-2 'S9 2S40 Dahlstrom'Lincffbrm Development "StoneBay Page 4 fined type of interlocking construction with some larger boulders spanning tiers and by having a reasonable amount of size variation. The walls need to be embedded in a stable base and have the voids within the wall backfilled with free draining soil. The type of boulder was not indicated. Weathered and glaciated granite boulders would provide a more natural appearance than quarried limestone boulders. 14. Detail 6 Tree Protection Fence on Sheet C3.2 calls for installing and maintaining tree protection fencing at the drip line during project construction. This fencing needs to be cnrefiilly monitored and administered during the construction process to ensure that the trees to remain are protected. Additional space should be provided beyond the drip line wherever possible. 15. Sheet C3.3 shows an extensive system of walks, steps and low boulder walls. If well constructed, landscaped and maintained this extensive system of walks and boulder walls could be veiy dramatic. 16. The walk system shown on Sheet C3.3 is not continuous around the lolls units. E)oes this walk system need to be continuous for fire, police or convenience access? 17. 'ITiere is a driveway narking conflict between two townhome end units located immediately west of the main project entrance road (Central Avenucl. Cars parked in the driveway of the southeastern end unit will block the driveway of the northeastern unit. 18. Sheet C3.4 shows boulder retaining walls abutting the west side of tlie parallel parking spaces and the turn around on Northwest Lane. These walls appear to vary in height up to a maximum of approximately 6 to 8 feet. The driving and walking surface is immediately adjacent to tliese walls. These walls present a hazardous condition for both traffic and pedestrians as well as a potential long-temi durability/maintenance issue for the frimaround and roadway, 'fhe walls should be moved away from the roadway to provide a safe buffer or a suitable guardrail installed (not a good solution), fhe issue appears to be a conflict between the wall locaticTS, necessary fill and the required wetland buffer. 19. Section 6 on Sheet C7.3 shows a cross section for concrete sidewalk. The 4 inch thickness should be increased to 8 inches (pedestrian cross walk thickness) wherever the walk crosses driveways. 20. Section 7 on Sheet C7.3 shows a detectable surface per ADA requirements and 12:1 slope for the accessible curb ramps. The developer should review the materials proposed for the detectable surface with the City. In addition, accessible curb ramps should be as close to 20:1 as possible but not exceed 12:1 slope. Sidewalk cross slopes should not c.xceed 2 percent. 21. WTiile the project will preserve significant parts of the surrounding existing wooded lowland and wetland system, its construction will require removal of a large amount of existing woods and brush. The developer is proposing extensive landscaping and his I.andscape Architect has prepared a detailed landscape plan. As proposed, the landscape master plan exceeds the City ’s minimum requirements. Most of the proposed trees will be I60I/U02-2T89/2S40 DaMsttoirJLanttform DevelopmetU "StoneBay"Page 5 planted in the boulevards along Kelly Parkway and the interior private streets. As they grow and mature these plantings will visually frame and buffer views of the development from the public and private streets. They will separate the walks and neighborhoods from the roadways, create a sense of enclosure and reduce the apparent scale of the buildings and adjacent spaces. The landscape plan does not propose planting trees in the northern, boulevard at the eastern end of Kelly parkway. In Ais area, the proposed trees are placed near the southeastern comer of the eastern most rambler unit and on the wetland side of the walk. Planting additional uees along the grading limits and wetland edges where conditions are appropriate will enharKe these disturbed edges and provide needed buffering of the new ramblers. Additional deciduous overstory trees also need to be planted in the boulevard at this location to visually define the parkway edge and provide the necessary sense of separation. The area by the pond overlook docs not include deciduous trees. This will create an open area at the overlook that will provide framed views of the overlook and landscaped project entrance area across the pond from Highway 12. This opening will also provide open views to the pond and Highway 12 from Kelly Parkway and the project entrance. This overlook area has the potential to become a very inviting s/.iall public space. It would benefit from the placement of additional deciduous canopy trees to shade and subtly define the plaza. As future development occurs, the perimeter of the pond will need to be landscaped with appropriate overstory and understory trees to frame views, define edges, shade paths, and reinforce the pond as a visual amenity for the area. The landscape plan does not address the berm plantings between the western end of the loft building and the City maintenance facility. This area needs to be adequately landscaped to buffer the loft units from the maintenance activities. A detailed plan needs to be prepared for this area. 22. The urban village intensity of this project will require placing landscaping in locations with difficult growing and maintenance conditions. Establishing and maintaining a healthy and vigorous landscape will be a very important part of creating an attractive and I! veabic neighborhood. It will require an agreement and ongoing commitment by the developer and Homeowner's Associations to properly monitor and maintain all plantings during the phased construction and through the life of the project. This maintenance program will require ongoing disease and insect inspection and control, wrapping/unwrapping young trees, pruning, limbing up. fertilization, weeding, and replacement, as well as seasonal gardening maintenance for the shrub and perennial plantings. It will also involve maintenance and future renovation of the rain garden/s to maintain/restore their function. 23. The landscape plans indicate that tlic plant beds are shown with spaded edges (without edging). This is an acceptable practice that Upically provides for the development of a more natural appearance. In some areas this practice may require additional or more frequent maintenance. 24. The landscape plan indicates that all landscaped areas will be irrigated. This system must be properly designed, installed and monitored based on the actual constructed soil and J60t/if02-2789,2S40 Dafilstrom Lan(^i)rm Dcxvlopment **Stoncikn^Puf(e6 'trr drainage conditions to ensure that the landscaping is properly irrigated. This system needs to include rain sensors and provisions for ongoing monitoring and mainteiuince. 25. The plant palettes identifled on tlie landscape master plan and related landscape area plans include a mix of non-native and native deciduous, coniferous and ornamental trees, shrubs, perennials, grasses and gioundcovers. The tree and shrub palette includes a good variety of plants. The proposed plants are generally dependable and suitable for their proposed uses and locations and will provide seasonal variation and interest. Three of the trees (Redbud, Autumn Purple Ash and Grecii Mountain Sugar Maple) are of borderline hardiness in this locale The plan colls for 2,38, and 39 of these trees re.spectively. These trees should on;. ’ be planted from stock grown locally or in the same hardiness zone. Depending on the ex|>osure and other conditions at the individ>ial planting locations, these trees may experience wintti injury and dieback during some >'ears. The project Landscape Architect may need to substitute hardier trees in critical or exposed locations. The Red Sunset and Green Mountain Sugar Maples arc generally sensitive to deicing salts. They arc proposed for use within the boulevards of Kelly Parkway and the private streets. However, the roads ser\ ing the project will have low speed limits, which should reduce salt spray and minimize the problem. Wliere possible, the boulevards should be graded to direct salt contaminated runoff away from the Uce pits and planting areas. Most of the plants called for on the plans require good drainage and will not tolerate extended peiiods of flooding or prolonged saturated soil conditions. Drainage problems, in combination, with over watering are the most frequent causes of significant plant loss in development projects with similar soil conditions. It’s critical to identify and address site and soil drainage problems prior planting, llie actual soil structure, compaction and drainage conditions in the project’*, landscaped aicas should be monitored during construction and evaluated prior to planting to ensure compatibility with the selected plants. Areas with heavy or compacted soils and poor surface or subsurface drainage should be noted and the conditions or planiinj^ addressed by the project Landscape Architect and Landscape Contractor prior to planting. As this project may involve significant amounts of impoitcd ii.t, the soils that will be placed within the root growih zones should be sampled and tested to identify soil characteristics and pi I. and to validate the use of pi I s nsitive plants. Northern Red Oak is subject to chloaisis when planted in higtily alkaline soils. Niobe Weeping Willow is proposed along the Willow Road trail imd in other wet locations. Niobe W’illow can be a dramatic and attractive tree and it is generally suitable in those locations. However, it is a very fast growing, short lived (typically 30 to 50 years) and weak wooded tree that is frequently damaged and deformed by ice and wind storms. Depending on the stiil conditions and flooding duration, alternatives could be used that will generally live longer and require less maintenance (i.e. Swamp WTiite Oak. Red Maple). I60l/if02^27S9/2S40 Dahlstront Larh^^'orm Dcwlopmetu **StoneB<r'Page A few of the proposed plants can be freely reproducing in the wild given the right conditions. Quaking Aspen. Grow-Ix)w Sumac, Dwarf Bush Honeysuckle, and Fleeceflower are all freely reproducing. Some freely reproducing plants can be very invasive and should only be used where their growA and reproduction is limited by the site conditions. Fleeceflower is one plant that can be \ery invasive and should be used only where it can be controlled. 26. The Seed Mixture and Erosion Tontrol Plan identifles areas to receive one of three mixes of native grasses and forbs. The areas are around the primary pond, along the eastern trail, and in the wetland mitigation area/s and wetland fringes. These native grass and forb blends arc identified as Tall Wet Mesic, Mixed 1 leight Mcsic and Amended Tall Wet Mcsic. Depending on specific site conditions, some of the grasses included in these mixes can grow very tall. These grasses can range from approximately 2 feet to up to 8 or 10 feet in height. In addition, the seeding rate is specified at 15 lbs. per acre for native grasses. 3 lbs. per acre for forbs and 20 lbs. per acre for a nurse crop. As the annual supply of sc.mc of the native grass and forb seeds may be limited, it is important not to sc-cd at to high a rate. However, the seeding rate for the native grasses and forbs appears somewhat low. It will be important that all native grass and forb areas arc seeded at the pro|Jc: rate and time, and i .spccted and maintained by a company with proven experience in the establishment and maintenance of native grasses and forbs. These native areas normally require three growing seasons with carefully administered maintenance bums and/or mowing to become fully established. The commitment to establishing vigorous areas of native grasses and forbs should be addressed. 27. Sheets 1,6.3,1.6.4 and L6.6 show plan view^ and sheets L7.1 iind L7.2 show sections of the entry road and roundabout islands, and cul-de-sac rain garden. The design of the entry- road and roundabout islands will include small ponds, a manmade stream, small waterfalls, limestone boulders and rock formations, enuy monument signs, limestone aggregate trails and walks with special pavement, overlooks, ber ’ . s and associated landscaping. The proposed treatment of these spaces is potentially interesting and very- draniatic. llie water feature will require fairly complex systems and engineering to ensure that it will continue to operate as intend-xl during peak stomi events and over the long temi. Depending on the specifics of the water feature, ongoing maintenance requirements could be signilkant. 'Hie design of this system needs to be re\ iew ed by the City engineer. 28. llie island design includes limestone aggregate patlis/surfaces between the back-of-curb and water feature in the two entry- islands/medians. Paths or watkable surfaces along the water feature in the reurow parts of these islands/medians will attract activities and pedestrian circulation that will result in potentially ha/iirdous traffic conflicts. Paths K>cated in the roundabtiut and wide portion of the entry island can be sepiuated from the roadways by distance and landscape barriers to reduce the pc.tential for conflicts, nie City's traffic engineer needs to review l s issue. 29. From an aesthetic pcrspecti\ e. tlie limestone aggregate patlis'surfaccs pn->posed for the areas between the backnif-curb and the water feature would incorporate groups of limestone boulders, small nursses of .shrubs, perennials and grasses surrounded by a bed of limestone aggregate with an appearance similar to rock mulch. Although this xeriscape 1601 t»02-2~.sv 2,s^o l.\ihIstrom.‘Lan4brm Dcsclopnmu "SiuneBay'Page cS f type landsctqie treatment could be attractive, it appears to differ in character from the overail project landscaping. An alternative for this area would be to create a purely visual, more lush looking landscape treatment along the stream, falls and rock formations in the narrow islands. This landsogw treatment would require some additional plantings and would i^ysically separate the water feature from the roadway with trees, shrubs, perennials, groundcovers and grasses. If you have questi<ms id»ut diese comments, or if I can be of further assistance, please call me at 612-312-2122. DAHLGREN, SHARDLOW, AND UBAN, INC. Wallace L. Case, ASIA Landscape Architect/Planner I60I/U02-2789/2840 DaUstrom/Lantfform Dextlopmau "StoneBcfy'Page 9 7^ c /h2^-cru LANDFORM October 28. 2002 MIMNCAPOLIS rNOINIX Michael Gaffron City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay. MN 55323 I ^,. J RE: Extension of 60-day review period for StoneBay • c, ^ ;; 11 <-•' 'J.-.c,o Dear Mr. Gaffron, On behalf of our client, Landform is requesting that the City Council review of the PUD final devebpment plan, preliminary plat and phase I final plat for StoneBay be scheduled for November 25, 2002. This will allow our development team to address the issues raised at the Planring Commission meeting. As requested by staff, we hereby extend the City review period to December 10,2002. As always, our development team is available to meet with City representatives at anytime to answer questions. If you have any questions or comments, please contact Kendra Lindahl or me at 612.252.9070. Sincerely, y Stephen M/Johnston President COPY: Terry Dahlstrom. Dahlstrom Development LLC Bruce Malkerson, Malkerson Gilliland Martin LLP ^Landform Enginearing Company doing businass as Landform 650 butler north BUILDING 510 FIRST AVCNUE NORTH MlNSZAPOUS. VN 55401 OFFICE; 612 252 B070 FAX: 612.252.9077 www.landform.ntt B?:’.- v. -m Park Dedication City’s Calculation Developer’s Calculation Commercial Esdinalcii l.aiul Pre-Dev Fair Market Value: 9.9 Acres (ai $6.00/S.r = 9.9(J 4.1.f.60 .\ $6.00 - $2,587,500 Estimateil Commercial Park Fee = 0.08 .\ $2,587,500 = $207,000 Check $207,000 / 9.9 Acres = $20,910 Acre (over ma.ximiim) Maximum lee applied: 9.9 acres x $l.l.875/acre = $137,409 Kc.Hidential Estimated l.aiul Pre-Dev Fair Market Value: 41.55 acres @ $3.50 / S f. 41.55 X 43.560 x $3.50 = $6,335,000 Estimated Kesidcutial Park Fee = 8% x $6,335,000 = $507,000 Check: $507,000 /168 units = $3018 / unit (under minimum) Minimum lee applied = 168 x $3250/unit $546,(MM) Total Dedication $683,400 Overall Purcliase Price of Land (fair market value); $5,859,209 Total Estimated Park Dedication; 8% of fair market value 0.08 X $5,859,209 = $468,737 Commercial Estimated 1-and Pre-Dev Fair Market Value: 7.39 Acres @ $3.95/S.f. = 7.39 X 43.560 x $4.00 - $1,272,054 Est.matcd Commercial I’ark Fee = 0.08 x $1,272,054 = $101,764 Check $101,764 / 7.393 Acres = $13,764 Acre Residential 4 Estimated Land Pre-Dev Fair Market Value: Total minus Commercial $5,859,209 - $1,272,054 = $4,587,155 Estimated Residential Park Fee = 8% x $4,587,155 = $366,972 $366,972/162 units = $2,265 Total Dedication $468,737 Applying the City’s minimum park fee results in an 11.7% fee. which is in excess of what may be considered rea.son.able. The minimum and maximum park fee policy adopted by the City Council dcKS not reflect the lower per unit land value of higher densit)’ / lower cost housing. 1'hey also do not take into .account the minimal iaipact the target buyer of these townhomes will have on the City's Park System. Nor does the policy adequately address the private recreational facilities and public trails and walks that will be constructed by the developer as part of the PUD. fOr>%o c? ^7 Ir •; ' V ‘ ■ *-•■• W'! i'\ Local Sewer / Water Connection Charges and Storm Water and Drainage Trunk Fees City’s Calculations Developer ’s Calculations Sanitary Sewer Conneelion Charges 1989 Highway 12 Area........................................$5,320 per acre Kesidcnlial l*ortion: 4 1.55 Acres ,\ $5,320 / acre = $221,046 Coiumercial Portion; 9.90 Acres .\ $5,320 / acre = $52,668 Sanitary Water Connection Charges 1989 Highway 12 Area........................................$8,795 per acre Kesidential Portion: 4 1.55 Acres .\ $8,795 / a>re = $365,432 Commercial Portion; v.vu Acres \ S8.795 / acre = $87,070 Total Connection Cliarge-s $726,216 We liavc reviewed the trunk fees based on the Storm Water and Drainage rrunk l-ee Ordinance report dated December 10, 2001. It notes that *hc fees are based on the land u.se and the area of land developed. Beeaii.se the /,t>ning Ordinance only allows development density to be calculated on the upland area of the property, we interpret “area of land developed" to mean the developable, or upland area of the property. It certainly seems reasonable to assume that undevelopable or wetland areas would not gener 'te demand for the services and, therefore, w'ould not be u.sed to calculate connection fees or assessments. Stormwater and Drainage Trunk Fees Multi-family: greater than 4 units per acre: $5,670 per acre Commercial: $6,480 per acre Residential portion 41.55 acres x $5,670 = $235,600 Commercial portion 9.9 .\ $6,480 = $64,152 .Sanitary Sewer Connection Charges 1989 lliglnvay 12 A'ca.........................................$5,320 per .acre Residential Portion: 27.72 acres .\ $5,320 /acre = $147,470 Commercial Portion; 8.75 Acres ,\ $5,320 / acre = $46,550 Tolsil .Stornnviitvr and Drainage Trunk Fees: $299,752 Sanitary Water Connection Charges 1989 Highway 12 Area.........................................$8,795 per .acre Residential Portion: 27.72 Acres .\ $8,795 / acre = $243,797 Commercial Portion: 8.75 Acres .\ $8,795 / .acre = $76,956 Total Conneelion Charges $514,773 Stomiwatcr and Drainage Trunk Fees Residential portion 27.72 .acres .\ $5,670 = $157,172 Commercial portion 8.75 $6,480 = $56,700 Total Stormwater ami Drainage Trunk Fees: $213,872 KttiibliiaaaHb There are construction costs that will be incurred as part of the StoneBay project that have area wide benefit. These include the construction of a regional storm water pond, trunk storm sewer lines that serve adjacent properties and oversizing of watermain. The follow ing is an estimate of the costs associated w ith each. It is the developer's opinion that these costs should be reinibur.sed by the City’s Trunk Funds or that the costs should be deducted from the trunk assessments and connection fees paid b\’ the developer. Unit Unit Cost !Quantity Amount | VII. Trunk Watermain Costs 1 1 ; 1 11 12’’ versus 8 ’ DIP LF.(5.00)j 2.020.00 (10.100.00) 12’’ versus 8” Valves Each (400 00):2.00 (800.00) Fittings LBS (1.50)800.001 1 (1,200.00) Connect to e.xisting (reconfigure)L.S.(3.000.00)'1.00 !! (3,000.00) Subtotal (15.100.00)1 IX. Regional Pond & Outlet Pipe Costs fc.xcavation C.Y.$8.00 10,000 $80,000 Seeding Acre SI.000.00 1.5 $1,500 Outlet control structure L.S $2,500.00 $5,000 15 ’ RCP L.F.$28.00 45 $1,260 Jack/Bore 18" RCP vv/36" casing pipe L.F.$220.00 120 $26,400 18" Apron L.'ich $750.00 1 $750 Rip Rap C.Y.$75.00 1 3C 'I $2,250 Subtotal $117,160 1 X. Storm Sewer Costs to Sen e Property to West 30" RCP L.F.$50 00 560 $28,000 Storm Manhole $4,000.00 1 $4,000 30" Apron Each SI.250.00 1 !1 $1,250 I Rip Rap C.Y.$75.00 ! 30 S2.250 Subtotal S.V5.500 1 XI. Storm Sewer - Lateral Beneflt From Pipe Installed to Serv e Property to West 18" versus 30 ” RCP L.F.$31.00 460 $14,260 48" vs. 60 ’ Storm Manhole Each $2,000.00 1 $2,000 18 vs 30" Apron Each $750.00 1 .$750 Rip Rap C.Y.$75.00 10 !$7.<0 ISubtotal $17,760 1 Trunk Storm Sewer Cost of Section XI - }$17,740 ^ C / Total Trunk Drainage Cost - .Assumed Reimbursement by City S 134,900 Credits for Trunk Water and Storm Drainage Facilities Constructed by Developer (continued) The trunk costs listed above should be inflated by 12% to cover design fees. The resulting reimbursement would be $16,912 from the City’s Water fund and 5151.088 from the Stormwater Fund. & f.' CITY OF October 18,2002 LONG LAKE Qty of Orono Attn: MIkeGaffron P.O. Box 66 OystBl Bay, MN 55323-0056 Re: Stonebay Plan Review Dear Mike: The Qty of Long Lake has received the October 18, 2002 staff report and a copy of the plans for the 167 unit Stonebay development (application #02-2840) located on the north side of West Wayzata Boulevard between Willow Drive and Old Crystal Bay Road. We appreciate the opportunity to add to the public discussion of this proposal, which appears to have many strong elements that may complement or directly benefit the aty of Long Lake. The purpose of this letter is to provide comments on these plans. Of primary concern is the future development of the four oudots, in particular Outlets A and D, and how the development of these outlots may be beneficial or harmful to our community. Community Management Plan Map 3B-7 identifies this area as Parcel Group 1, which further refines the Xommerciar guidance for this area as office and retail that Is accessory to the office. We understand that these outlets are not proposed to be developed at this time, and an additional public review will be required when development is proposed. The Long Lake Planning Commission supports steeing these parcels for office development, and to a limited degree, limited scale retail that is cleariy and directly associated with the office land use. The office land use would compliment our efforts to Implement the Downtown Master Plan, which encourages the intensification of the downtown area by bringing more people to our community during traditional business hours. P^mittlng non-local, medium- or large-scale retail uses to spread along the existing Highway 12 corridor would significantly impede the short- and long-term success of the downtown core. Limiting the possibility of future retail and related commercial development supports our historic ^forts to encourage the clustering of retail and related commercial development in the downtown area to work towards acNeving a greater critical mass to support a more diverse and lively downtown jrea. We are also encouraged that the additional households in this development and the new senior housing project will live In such dose proximity to the downtown. This expanded population base will undoubtedly enrich and support the shops, services, and other activities found In downtown Long Lake. 1964 Park Avenue • P.O. Bnx 606 • Long UIk. Mionccou 55356 • 952-473-6961 • 932-476-9622 (fw) • hnp7/www.ci.U>ng-I«ke.a a.ua €00/t00*d 0C6tf 3XV1 S.*iOl JO AIIO 2296 9Lt 296 6I59I tOOZiIZ'lOO Oollaborativdy pursuing a common vision fbr the development of the existing Highway U cofridor Is cnidai to encoufaglng a heohhy business dimate and high puality life tbr the rasidentofpatrensi, and visitors of both cBmmunMes. We look forward to continuing this dialogue. Please contact Matt Goldstein, Qty Planner, at (9S2) 473^1 or at goldstainOti.long4ake.mn.us to provide periodic updates on this and other planning processes. Sincerely, Jim Gulbranson, Chair Long Lake Planning Commission Matt Goldstein, AICP Oty Planner • OC: Uz Hawn, Planning Commission Chair €O0/COO*Z 0C6^i SJI>n ONOl io AlID ZZH 911 395 02*91 2002,T2*l5o Ce>ry I/Oo f CITY of ORONO Municipal Oflkcs Street Address: 2750 Kelley Parkway Orono. MN 55356 MalHiii Address: P.O. Boi 66 Crystal Bay. MN 55323 0066 November 4,2002 Keith Van Wagner Mn/DOT Metro Division Waters Edge 1500 West County Road B-2 Roseville, MN 55113 Re: • - Permit Requests, Dahlstrom Development LLC, Highway 12 West of VS'illow Drive 1) Work within Truiik Highway 12 Right-of-Way 2) Drainage Permit - Request for Reconveyance Dear Mr. VanWagner: Enclosed please find permit requests on behalf of Dahlstrom Development LLC for Mn/DOT permits to construct a portion of public street and utilities within Highway 12 right-of-way acquired 'for stormwater management purposes, and for a drainage permit for construction of a regional stormwater pond. The proposal includes the construction of a section of Kelley Parkway, including sidewalks, trails, and underground utilities; and c epansion of the e.xisting Mn/DOT ponds into a regional pond with capacity to serve not only Mn/DOT’s Highway 12 needs but to also serve those of the proposed 50- acre development at 12AVillow and adjacent upstream properties. This application for permits to work within the right-of-way includes a request for reconveyance to the City of the portion of Mn/DOT right-of-way to be used for Kelley Parkway. As we oiscussed on August 20, the portion of Kelley Parkway to be constructed within Mn/DOT right-of-way would be platted and consUucted by the developer as a public street to be maintained by the City. At the same time, private land east and west of the existing Mn/DOT ponds would be used to e.xpand and convert those ponds into a single regional stormwater pond; the additional private land would be platted either as outlots or as Highway 12 right-of-way, and be dedicated or conveyed to Mn/DOT in exchange for the Kelley Parkway portion. Additionally, the Cit>- is willing to enter into agreements with Mn/DOT regarding City maintenance of the regional pond which would henceforth ser\ e both Mn/DOT and local needs. Tdtphooe (952) 249-4600 • Fax (952) 249-4616 www.ci.oron<unn.us Keith Van Wagner Re: Orono/Dahlstrom Permit Request November 4,2002 Page 2 City Requests Mn/DOT Recoosider Cost Sharing for Existing Pond Capacity Mn/pOT has indicated to the City that a charge of $35,000 is due to MnADOT for excess capacity provided in the existing ponds at the time they were constructed. This request is based on a draft Memorandum of Agreement to which I do not recall the City agreeing and which was not signed by the City, and which the City believes reflects design capacities which were not constnicted and which therefore do not provide a significant benefit to the City or adjacent landowners. It is the recolk ction of City staff that Mn/DOT originally had proposed construction of a large pond or ponds that would provide capacities for the developed condition of adjoining lands, and Mn/DOT submitted the draft for City approval. Late in the design process, the City required that the pond be substantially reduced in size. The City took this position because the pond location was in the middle of a prime commercial development area, and it was not clear at that time how development might occur, or whether the planned large pond would be compatible with or in conflict with future development plans. The City’s position regarding the pond was that it should be substantially reduced in size, but in the future 14nA30T would allow the pond to be expanded if needed to serve new development. As a result, it is the City’s recollection that the ponds were redesigned to be significantly smaller than the original design, and to provide minimal, if any, excess capacity. , The City has not entered into any known agreement to pay for excess capacity that may have been created for existing or future development. Even if MnT)OT created excess rate control or treatment capacity for the upstream portions of the watershed in their development condition at the time tl.e ponds were designed, such capacity was not specifically required by the City nor to the City’s knowledge by the Minnehaha Creek Watershed District. It has been the City’s position that if excess capacity to serve the Dahlstrom development exists in the MivDOT ponds as constructed, Dahlstrom should pay any justifiable costs associated with that capacity. Mn/DOT s design calculations for the final pond construction have been reviewed by Landfoiro (consultant to Dahlstrom Development LLC) at the request of the City. It is Landform’s conclusion that Mn,DO f merely accommodated existing flews in their final design, and did not provide capacity for flows from future development either within or outside of the contributing watershed. We request that Mn/DOT staff re view the attached pond design information and reconsider any cost­ sharing by Orr .. Request for Permit Approval In consideration of the above, the City of Orono respectfully requests that the permits applied for be issued m a timely manner. We ftuther request that Mn/DOT processing of the reconveyance r quest F it' ■^i Keith VinWagner Re: Orono/Dahlstrom Permit Request November 4,2002 Pages be commenced, with the understanding that the issue of payment of fees for the pond constructed as part of the Highway 12 Safety taprovement project will be resolved before the reconveyance is completed. If you have any questions, please contact me or Greg Gappa at 952-249-4600. City Administrator end. -Landform letter of 10-2-02 Permit application package: Application for Work in TH 12 Right-of-Way Application for Drainage Permit Site Location Map Drainage Narrative 2 sets of plans, full size 2 sets of plans, reduced to 11x17 3 sets of proposed plat cc:Paul Czech Greg Gappa Mike Gaffron Steve Johnston Terry Dahlstrom r Dahhtrom Development LLC #02-2789/02-2840 ‘Stonebay ’ Final Development Plan Review October 18, 2002 Page 2 Key Issueafor Review There are a number of key issues on which the Planning Commission should focus its review. These are primarily items that were not dealt with in depth at the Concept Plan stage, and for which a greater level of detail now has been provided at the Development Plan stage of the review process. Various City consultants and staff have reviewed the plans and have made verbal or written comments, summarized below: I.Wally Case of DSU, Inc. has reviewed the Final Development Plans, specifically the landscape plans. He also was asked to comment on the scale and massing of buildings, open space, circulation, etc. While his written comments will not be available for another week or two. Case did verbally provide his comments to staff in a phone conversation on October 1 7. He indicated that the proposed landscape plan is very good and substantially exceeds the minimum requirements of the RPUD District. Case had a number of suggestions and comments about various aspects of the plan. The following is a brief summary of his comments: l^andscaping: - In general, the landscaping/grading of the site incorporates many retaining walls. Based on the cover sheet key, most of these will be modular block walls, although the detail suggests they will be mostly boulder walls. Which is it, or is there a mix that is not clearly apparent? Whuc is the type of stone to be used in the boulder walls - Limestone? Igneous boulders? Most of the walls appear to be less than 4* in height; those over 4* will need to be engineered. Where boulder walls arc to be used, the detail suggests a tiering by boulder size, biggest on the bottom, smallest on top. This is conceptually correct, but an e.xperienced boulder wall contractor should be used to ensure attractive, high quality, stable wall systems that don’t look “layered”. The boulder wall along the NW comer of the cast Lofts building leaves no pedestrian access above the boulder wall... could this be tweaked, and is it a potential fire access issue? - In general the landscaping plan is excellent, incorporating suitable tree and plant species and seed mixes. The proposed tree sizes are appropriate. Case has some suggestions regarding a few tree or plant species he would rather avoid, and he might suggest more use of native species, but overall the planting plan is very well done. He suggests that pH readings be taken before planting so that certain tree species might if necessary be traded out for those most tolerant to actual site conditions... - Note that the shrub beds are not edged, which leads to a softer look but perhaps unkempt until plantings mature. t* Dahlstrom Development LLC #02>2789/02-2840 'Stonebay* Final Development Plan Review Oi'tober 18,2002 Page 3 - Itv wetland restoration areas or where prairie grasses are proposed, it would be appropriate to include in the Development Agreement a long-term management plan for these areas. • Irrigation system should include rain sensors to avoid watering during rain events. Site layout, building design and quality: - In a few of the 3 unit groupings the roof oesigns will concentrate roof runoff - careful drainage control (positive sloping grades, gutters, or other measures) will be needed. - Roof massing will be soAened by the use of layered shingles; the style proposed by applicants appears to be a embossed layering rather than actual layering... - While building design styles are subjective, keep in mind that the public will generally see three sides of a building, so design features such as brick and stone should be carried to the sides where there is high visibility. The same might be said about the rear of the 2-story townhomes, where in many cases the rear windows and balconies look across at another unit’s rear facade across the street. - Again subjective but perhaps a visual issue is that many views within the development involve garage doors; use of attractive door styles and window features will contribute to a warmer feel of the neighborhood. - Consistent use of window features may be appropriate for some types of units; the detail for the 2-story townhome front facade mixes window styles (12 pane and 4-pane). Again, these features might add to the quality look of the buildings without adding higher costs... - The vertical brick work on the Lofts and the use of covered entry porches helps to reduce the massive look of the buildings. Are there other design features that could be added to break up the long front facade? - The proposed layout of the two story townhomes has been tweaked to eliminate most parking conflicts. There is still one situation just west of the main entrance where the first 2-story unit fronting on Kelley Parkway has at best only one driveway parking space available without blocking the adjacent garage (Sec Sheet C3.3). Pedestrian movement : - (See Sheets C2.2 and C2.3) For the 2-story townhomes along Kelley Parkw ay, the interior sidewalks are proposed at 3’ widths; they should be widened to 4’ for two persons to comfortably walk side-by-side. Most other sidewalks on the project are proposed at 5' widths; Case suggests they should be expanded to 6' where feasible. In general, the pedestrian ways and connections arc well located and provide for good movement around the neighborhood. . .oaii Dahlstrom Development LLC #02-2789/02>2840 *Stonebay ’ Final Development Plan Review October 18,2002 Page 4 2. - (Sheet C2.3, North Lane Section) The parallel parking along North Lane is in close proximity to a retaining wall with little space for vehicle driver or passengers to exit the vehicle. These areas should be provided with additional width and/or railings to eliminate this potential conflict. - Handicap accessibility - sidewalk cuts are shown at 12:1 slope, could be flatter (20:1 suggested by Case) - need to review in terms of ADA requirements. - The pond ‘overlook ’ across Kelley Parkway from the main entrance is located and sized to accommodate a future bus shelter. Tom Kellogg has provided comments in relation to engineering issues in his letters dated October 1,2002 (Exhibit B-1) and in his comments on the Concept Plan dated May 9,2002. Sheldon Johnson provided his original comments regarding transportation matters in a memo dated August 8,2002. Many of the issues brought up at the Concept Plan stage have been resolved. A number of issues remain to be addressed. These include: Ssw£t: Sanitary sewer capacity south of Highway 12 will be limited until Mn/DOT rebuilds the sewer lines along the New Highway 12 corridor and Orono rebuilds the segment between 12 and the tracks. Since under Duhlstrum’s staging plan the first units needing sewer capacity won ’t come on line until late in 2003, and the sewer reconstructions are planned to happen in 2003, we believe that capacity will not be exceeded. Per Kellogg ’s latest letter, plans should show how the commercial Oullots will be served by sewer. Manhole details need to incorporate Infi-Shield exterior sealing system or equivalent. Water: No remaining design issues. Stonn The stormwater pond outlet under Highway 12 has been revised as requested to align with the downstream ditch w est of the golf dome. A number of requested details have yet to be submitted: 1) Grading plans to shov/ 100-year highwater elevations and proposed emergeney overflow elevations and locations for all ponding areas. 2) 2’ of freeboad must be provided between all basement elevations and pond high water levels. 3) A drainage area map, storm sewer and ponding calculations must be submitted for review. 4) Wetland delineation report must be submitted for review. 5) Need MCWD review and approval of stormwater plan. Sil? Grading- Overall site plan should include an earthworks summary to quantify the proposed cut and fill. Retaining walls over 4' require an engineered design. Erosion control comments by Bonestroo and Associates are included herein as part of Exhibit B-1. Dahlslrom Development LLC «02-2789/02-2840 ‘Stonebay* Final Development Plan Review October 18,2002 Pages Streets and Trails: Plans should confirm horizontal curve has been changed to meet SOO* radius. Vertical curves must be indicated on the plans. Right-of-way east of Kelley must be widened to accommodate turn lanes and snow storage, i.e. IS' behind the curb, or snow storage will end up on private property. Changes to Willow Drive are also required as part of this project: A center northbound left-turn lane and southbound right turn lane. The trail crossing at Willow/Kelley should be moved eastward to the intersection rather than 75' west of it as currently shown. The trail segment along Willow south of kelley should be constructed in the commercial outlet as part of this project. A geotechnical report, R-valuc recommendation and pavement design should be provided for review. 3. Traffic: The roundabout design does not meet the standards for a typical moving van. There are a number of options to resolving this, including widening the road or adding a surmountable inner curb with 4' sidewalk at the perimeter of the roundabout. The City Engineer is recommending against the recently added separate access to West Lane. The reason for this access apparently was to deal w ith elevation differences betw een the cast Lofts building parking entrance and the drop-off circle at the lofts shared entry level. This will likely generate some discussion. Sheldon Johnson of Bonestroo is expecting to complete his study of traffic issues for the Highway 12 area within the next two weeks. Mr. Johnson has indicated he will be at the October 21 meeting to address any questions Planning Commission may have regarding the traffic study. His comments related to the impacts of the Dahlstrom project have been incorporated into Tom Kellogg ’s letter of October 1 and discussed above; specifically, the need to add a northbound left turn lane (for easy access to Kelley Parkway) and a southbound right turn lane at Willow/12 (to reduce stacking in the southbound through lane). These costs should be borne by Dahlstrom. Johnson has indicated a number ofehanges will likely be recommended to area roadways and intersections in addition to those at Willow/Kelley and Willow/12, but they are not directly a result of the Dahlstrom project. City Fire Marshal Bill Meyer has review ed the plans and has indicated he has no significant changes that would impact site layout or design. He indicated that other than refining a few hydrant locations, he does not see any issues from a fire safety standpoint. He plans to meet with Long Lake Fire Dept, representatives the week of October 21 to determine whether they have any comments. Dahlslrom Development LLC 1^02-2789/02-2840 'Stonebay* Final Development Plan Review October 18,2002 Page 6 Staff would offer the following comments on a variety of topics: Kdlev Parkway Streetscape . Review the proposed strcctscape for Kelley Parkway, focusing on the width ofboulevard, sidewalk locations and connections, proposed plantings, etc. Docs the streetscape reflect your expectations in terms of a ‘parkway ’ feel? The landscape plan indicates an 8* wide boulevard except along the parking bumpouts on the north side, where the sidewalk abuts the parking stalls for easy pedestrian access. The boulevard trees proposed include hardwood species of red oak, ash, maple and linden, with mature heights ranging from 50-75'. This mix should be adequate when mature to minimize views of the 40-45' peak of the Lofts building. At the proposed approximately 30' on center spacing, this should provide a heavily wooded streetscape in the far future. Lighting along Kelley Parkway has not been strictly defined by the applicant or the City. Applicant has provided samples of decorative lighting styles that could be used for the interior road system as well as for Kelley Parkway, for Planning Commission consideration. The primary issue is whether the City wants decorative lights with a visible lighting source lining the streets (i.c. similar to the Victorian style of lights lining Highway 12 through Long Lake), or would rather sec downward cast shielded-sourcc (“shoebox ”) lighting as w e require for parking lots. Planning Commission is requested to make a recommendation to Council on the style of lighting it would like to see within the interior of the development as w ell as along Kelley Parkway. lisll Look especially at the area around the stormwater pond. Do the proposed trails provide the connectivity and pedestrian options the City was looking for? Are there any trail segments that need to be added or relocated within the development? Does developer have a proposed staging schedule for trail development, and are you satisfied w ith that staging plan? The City Engineer and staff recommend that all trail segments e.xcept those adjacent to Highway 12 be eonstructed as part of the RPUD project; the current plans accomplish this with the exception of the segment along Willow south of Kelley which should not be delayed pending commercial site development. Building Design qnd Materials . Particularly consider the elevation views of the Lofts. Does the roof and building design enhance the development while incorporating sifficient design elements to limit the visual height impacts? Is the “court ” area between the two lofts buildings designed attractively and functionally for access and as a common entry amenity? Appliewts have provided brick and stone samples and color palettes which will be available for review at the PC meeting. Staff believes the proposed materials are of the high quality expected, and include faee brick, cast stone and ‘hardiplank ’ lap siding. The shingles are an asphalt w ith decorative shading to give them some depth; would actual layered shingles provide a better appearance at slightly added cost? mm Dahlstrom Development LLC #02-2789/02<2840 'Stonebay* Final Development Plan Review October 18,2002 Page 7 » Interior Building Site Layout. Do the plans indicate sufTicient open space between buildings? Do each of the townhomes have sufTicient yard area, and are they oriented to take advantage of view lines? Is there sufficient parking provided for each unit, and is the on-street parking handled appropriately? Recreation Amenities. New Sheet C2.I (Exhibit C*I) indicates the shaded areas proposed as private recreation areas meeting the RPUD requirement for 10% of the site in private recreation areas. The designated areas arc within the commons areas of the project and include 3.3 dry buildablc acres. Since the dry buildabic site acreage is 26 acres, it appears the 10% requirement is met.? Note that a tot-lot is proposed along East Lane and a fire pit is shown at the rear of the West Lane townhomes. Applicant should be asked to provide a calculation and diagram to show which 10% of the site is being proposed as meeting the 10% requirement. Entry Monument . Details of the entry monument are shown on new Sheet L7.1 (Exhibit C- 2). Does Planning Commission have any comments? Use of MnDOT Pond Property for Kellev Parkway & Pond Expansion. Orono is submitting on Dahlstrom’s behalf a request for MnDOT permits for construction of Kelley Parkway and construction of the stonnwatcr pond within existing MnDOT right-of-way. Those permits are likely to be processed and approved by MnDOT in early 2003. Concurrently, Orono is submitting a request to MnDOT for reconveyance to the City of the portion of MnDO f right-of-way to be used for Kelley Parkway. This reconveyance w ould involve deeding to MnDOT the portions of newly created pond that will be outside of MnDOT’s current right-of way. An issue for future discussions between MnDOT, Orono and Hennepin County (which w'ill ‘inherit’ the pond when New Highway 12 is completed) is who will maintain the stormwater pond. It is being expanded to serve as a regional pond bcnefitting the roadway, the Dahlstrom development, and additional areas upstream. Our expectation is that Orono will ultimately be responsible for maintaining the pond. Development Phasing. The applicants have provided a phasing plan that establishes Phase I as constniction of Kelley Parkway, the stormwater pond, and a westerly grouping of rambler and two-story townhomes. Future Phases with no distinct timeframe include (A) the North Lane rambler townhomes; (B) the East Lanc/East Circle rambler and hvo-stor>' townhomes; (C) the four ‘Villas’ accessing directly from Willow Drive; and (D) the Lofts condominiums. Additionally, development of each of the two commercial outlots might be considered as separate phases, with no specified timeframe given. mm Dahbtrom Development LLC M)2-2789/02-2840 *Stonebay* Final Development Plan Review October 18,2002 Page 8 To 4his end, applicants have formally requested that the preliminary plat for the entire development be approved, with final platting of the various phases to occur at the time of their development. The initial overall final plat would plat each Phase as a separate Outlet, with the final platting of Phases A-D withheld until they are ready to be developed. To effect this scenario, applicants request that the Effective Period of Preliminary Plat Approval be extended for up to five years. This is generally allowable under Orono Subdivision Code Section 11.10, Subd. 15. The benefits for the applicant are at least two-fold. First, no changes the City makes to the Comprehensive Plan or Zoning Code could impact the development ’s approval during the effective period of preliminary plat approval. Second, the properties would presumably continue to be assessed as outlets and open land rather than as building sites, until they arc actually platted. D.gvglOPment Fees; Effects of Phasing. Applicants have also formally requested that development fees be phased. In addition to the approximately $22,000 the applicant has paid to the City to date in application fees, certain development fees are required to be paid at the time of development. These include Park Dedication Fees, Sewer and Water Connection Charges, and Storm Water and Drainage Trunk Fees. Staffhas calculated an estimate of the expected development fees to be charged for this project, summarized as follows: Development Fees Summary Residential:Park Dedication Fee............................ Sanitary Sewer Connection Charge........ Municipal Water Connection Charge...... Storm Water & Drainage Trunk Fee....... Residential Total $ 546,000 221,046 365.432 235.600 $ 1,368.078 Commercial:Park Dedication Fee............................. Sanitary Sewer Connection Charge........ Municipal Water Connection Charge....... Storm Water & Drainage Trunk Fee........ Commercial Total $ 137,400 52,668 87,070 64.152 $ 341,290 A detailed analysis of the fee calculation methods was attached in the work session exhibits and IS available for review. The rationale for applicants phasing request is that the City does not incur the impacts of the development that generates those fees until the actual evelopment occurs. The City has not committed to phasing of the development fees as of this wnting; however, this is a matter for Council discussion. Note that while the park dedication fees are calculated on a unit basis, the sewer & water charges and the stormwater trunk charges are calculated on an acreage basis. If the Council agrees to the fee phasing request, the fees would be prorated based on number of units or number of acres within each phase. Kiil mm Dahlstrom Development LLC #02-2789/02-2840 ‘Stonebay’ Final Development Plan Review October 18,2002 Page 9 t Commercial Outlots Development Viability. The applicants were requested to submit for the record a conceptual diagram showing that the two commercial outlots could be developed for their intended purpose. That concept sketch is included as Exhibit C-3 for demonstrative purposes only, and is not to be construed as either a proposal or as an approved development plan for the Outlots. Housing Afibrdabilitv: Potential City Contributions . Staff and applicants met in early September with Donald Solie of US Bancorp to discuss the financial aspects of making housing afft^rdable. Please review the Affordable Housing Proposal dated September 18, 2002 by Terry Dahlstrom. Staff concluded that the ability to create affordability within the types of units proposed likely woul involve a partnering between the City and the developer. Because the sales prices of the units are above most accepted definitions of affordability, the developer is proposing that a small number of units be priced at the Minnesota Housing Finance Agency’s ‘Community Activity Set Aside’ (CASA) program maximum level of $199,000 (or whatever level the CASA program sets in future years). The CASA program provides special financing to qualifying homebuyers. The developer ’s proposal is to provide one of the following options; a) Two condominium units and two 2-story townhome units affordable at the CASA maximum; or b) Three two- story townhome units at the CASA limit. The developer proposes that Orono contribute funds/resources equal to 15% of the CASA maximum, i.e. approximately $30,000 per unit. Potential methods for the City to contribute might include the following (estimates only): - Waiver of park dedication fees: - Waiver of sewer and water connection charges: - Waiverofstormwatertrunk fees: - Waiver of building permit/plan review fees: $3250 per unit $3500 per unit (conversion from acreage basis to unit basis) $1400 per unit (conversion fr'om acreage basis to unit basis) $2000 per unit It should be noted that the Council ’s conversion of the 1989 Highway 12 Sewer & Water connection charges from a “per-unit” to a “per-acre” basis for fee calculation has resulted in a great savings to any developer of the Hi^way 12 area properties benefitted by the 1989 sewer and water improvements. This fee structure was established not merely to accomplish repayment of the bonds on the 1989 projects based on the vacant acreage remaining to be developed in 2000, but to also have the positive effect of reducing the unit connection fees to a level that might allow for development of more affordable housing at the higher densities planned for the Highway 12 area. Had this fee structure not been recently changed, applicants would be paying approximately $ 10,500 per S & W unit rather than the $3500 per unit at the 6 unit per acre density of Stonebay. This could be considered as an already- realized $1,169,000 contribution by the City ($7,000 x 167 units)... Dahlstrom Development LLC #02-2789/02-2840 *Stonebay* Final Development Plan Review October 18,2002 Page 10 Other potential funding methods the City might consider may include a variety of as yet unexplored affordability grant programs. At its October 14 meeting the City Council directed staff to obtain from the developer financial information regarding the project to enable an evaluation of the feasibility ofa more aggressive affordability effort. Please review Ron Moorse ’s letter of October 18, 2002 (Exhibit E). Pcclarations/Covenants. Applicant has provided 5 separate Declaration documents which create the various associations and govern the various ‘communities ’ to be created within the Stonebay development. The Master Declaration was included in the PC’ work session packet, and staff will be happy to provide you with copies of the individual community declarations if you would like to review them. These will be reviewed by the City Attorney. Staff has not yet had a chance to review them in any detail. Similar Developments for Comparison . Applicants have provided listing information for various types of similar housing units available in the western metro area, for Planning Commission to use as a comparison (Exhibit C-6). Developer Quali fications Information . Applicants have provided information regarding their backgrounds in the development industry (Exhibit B-4). Market Analysis- Applicants have provided a market analysis by Max field research regarding the market viability of the proposed housing development (Exhibit B-3). The study makes the following conclusions and recommendations; The proposed Orono development plan offers a strong housing mix for its intended target markets at price points that fail well within the average range of those currently selling in the area. I he site location offers prospective buyers convenient access, a strong residential character, and substantial open space and natural amenities. I he proposed Orono development will attract a di. ersc mix of target markets ranging from young households through and including seniors, all of whom will be looking for housing products that offer greater flexibility, but do not sacrifice amenities. In rev iewing the proposed product types, we suggest that you consider increasing the average size of the condominium units and that the pricing on these units could also increase and still be very marketable." i Dahlstrom Development LLC #02-2789/02-2840 *Stonebay* Final Development Plan Review October 18,2002 Page 11 Staff Recommendation Planning Commission should review each of the topics presented above and determine whether they have been adequately addressed by the developer. Planning Commission is requested to make reconunendations to Council that focus on the following issues: 1 . Acceptability of site layout. 2. 3. 4. 5. 6. Acceptability of building styles and proposed materials & color palettes. Acceptability of provisions for pedestrian circulation, accessibility and connectivity. Acceptability of recreation amenities, both private and public. Recommendations on site lighting as well as Kelley Parkway lighting and streetscape. Acceptability of overall landscape plan. 7. Recommendations regarding housing affordability. 8. Recommendations regarding development covenants. Planning Commission is again encouraged to identify any issues with any of the above and recommend revisions or changes as you see fit. Applicants have requested that Planning Commission make a recommendation to Council for Council action on November 12 in order to meet applicants’ schedule. If Planning Commission feels that for some reason the Final Development Plans require substantial revisions or additional Planning Commission review beyond the October 21 meeting, your options include scheduling a special meeting or tabling until your November 18 meeting. Any recommendation for approval should include a recommendation that applicants work with staff to resolve outstanding engineering and other related issues either noted in this memo or which may come to light in the future. A M2-2S40 Dahlstrom Development LLC FINAL DEVELOPMENT PLAN SUBMITTALS for STONEBA Y Revised List October 18,2002 Plan Sheets: Sheet Index No. C5.1 (1-4 of 4) liils Preliminary Plat incl.future phases Final Plat Drawings Sheet Index No. Title Al.l A1.2 AU A2.1 A2.2 A3.1 A3.2 CO.l CI.l C2.1 C2.2 C2.3 C3.1 C3.2 C3.3 C3.4 C3.5 C4.1 C4.2 C4.3 C4.4 C4.5 C4.6 Rambler Townhome Drawim^s: Typical Plan and Elevation Typical Roof Plan and Elevation Typical Elevations Two Stor\> Townhome Drawitifs : Floor Plans and Roof Plan Elevations Lolls Drawinfs: Roof Plan and Floor Plan Elevations General Title Sheet Existing Conditions Site Plan (See 10/18 Exh. C-1) Preliminary Design Guideline Plan Preliminary Design Guideline Plan Grading and Erosion Control Master Grading Plan Pond Grading Plan & Details Central & West Lanes Grading Plan Northwest Lane Grading Plan Grading Details Sanitary Sewer A lypter Plans/Pm/it^t Master Utility Plan Kelley Parkway (east halO Kelley Parkway (west hall) Central Lane Northwest Lane West Lane C4.7 C4.8 C4.9 C4.I0 C4.ll C7.1 C7.2 C7.3 L2.1 L2.1A L2.2 L6.1 L6.1A L6.2 L6.2A L6.3 L6.4 L6.5 L6.6 L6.7 L7.1 L7.2 L7.3 Streets Storm Sewer Plans/ProHles Kelley Parkway (east halO Kelley Parkway (west half) Central Lane Northwest Lane West Lane Utilities/Roads/Etc. Construction Details: Construction Details Construction Details Construction Details Landscape Plans: Overall Landscape Plan Phase 1 Landscape Plan Seed Mixture and Erosion Control Plan Kelley Parkway (West) Enlarged Plan Phase 1 Kelley Parkway (West) Enlarged Plan Kelley Parkway (East) Enlarged Plan Phase 1 Kelley Parkway (East) Enlarged Plan Main Entry Landscape Enlarged Plan Roundabout Landscape Enlarged Plan Open Space Enlarged Plan Northwest Lane Enlarged Plan Willow Drive Enlarged Plan Landscape Sections Landscape Sections Landscape Details Miscellaneous Exhibits: M-1 Final Dev. Plan Submittal Letter - September 18,2002 M-2 Affordable Housing Proposal - September 18,2002 •vttM m-wu tJ9»ft »9« Aon t^9 mmt %-••••%*%» •-•*»•UM »IM <W«M em€9%0* » ”•fjm 9 l« C9«wi unt M* •«* « <■•<un.«« »JlJ* AC«« cawtni mmmt ia^i.h * * oi 9 fj* 9099 taut* Mk**f -«M»9 tM 9Cm* Mua«ntw 9 »m acm» M»«p«T « OMr«r%ik • i O «C9« 9 IM «OM ttff A ^At tmaa tauMv SL9« ACSa STQNEBAY CR DOC. NO. 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Lanl Strrayar UoMaNtlOOSS STATE or MINNESOTA COUNTY or NENNETIN TbaitiBBbuStrrayoriCattlcNi arts odaoirlalylbaMaa Its,jlayoC Eipir» limy 31.3003 f t 1 i W% ^ V \ ..A 1 ■ 'j m LANDFORM SHKT 1 OF 4 SHEETS T ,-«^ - •'^i-. ‘Vriiii 111 fill i<i ■ i>i ■ I I Vwmmmmm^ • 11 « «i m i • Ml • Ml • \f *1 » UMI a Ml • I < Ml ■ I I ■ Ml ' 'Jd^.'••....... ■ M t |t| t ^•'* a Ml I I I a ’ ■'^d^^'• I I f Ml I'Mi ****-:.J^-—a Ml I I I I I,I • ■ ‘^1^ .-I.I t 11IIII rrl III! ii' I'liiiii'l juTrl in mil liiini fimnrl III iiiii IIIIIIII liiji iiihIj l«MjjB P»«n«« lull: III nil hmB 111iiimmi liBa ■■■ ■■riHlifl = IIIIII = II II II II II II II II II II II II II tm IIII ll|r IIII Iinii!: nil I ■■ ■■ w6aA»>o see BievKvon II! ■■ ■■ I ■■ ■■ nil nil nil IIII IIII IIII IIII IIII ■ !>■■ ■■ DAHsnmioELoniKrixc'^mvBiiifnaMft^rtumumUMmaatm,mmt AonciMUi) nAMcrwmcon fVJKti STONEBAY ORONO. MINNESOTA LANDFORM ftlllMA •rf» -• % ' - i. 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MINNESOTA BUILPIN(3 SUMMARY 34 (MT LOTT BMk0IN» 90 ktmf LOFT rtmcM, «X4AI WrAocS iMT A • 1322 9F » (Mt&l (MTS - 034 lA 04 tMTV «MT C - UV H O iMfSl 4MT P - M O iMTSf LANDFORM HIMMCAIOL It •PMOCH IM nity^ noser MS A90RMK3M KOOFrUNANO FUmriAN A3.1 JT.SSSSU 11mmmm. fumm AflOtfMM noMBtm. UKM10N5 A3.2 lAREA LOCATION MAPI hi C STONEBAY CITY OF ORONO, MINNESOT / omatjormoroL DMISniOMOeVELHMEKriLC miYBAMUTioy nUPOUMLAlC MAMA am. 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DAMSnUM DEVELOPnaiTOAiiinm W^WUMUW iunicm^iiiflBH rriLC TOUIMOrC w I ' O^»€CTt0a DESIGN GUIDELINE EAST LANE SECTION iummtm -? > i r:-:rr* • • » ___ m (UtiBLtn » «. M r»i ftTMa TOJs*<r« \ \ Jim t $ »JiSi V X? -RU. CAS sue S erv M 19 m cm%mi TOt»wone 3 sc>cr L-l__ i lASCSD^I • *'* v; jA-4r ltVIIO«»«TOKr M.N Jt •« I*s%«» %•<.•*Mii •er'A BA»T CtlRCLB • 1M. (AS. cue •»0 Cfv •! AC»(T r0i^ flQjKT MMMtt IfMBV cmviCAtnc W I9k rUP MASTEK riAN ( fHASE I SEfTEMBEXIft 2002 DESIGN GUIDELINE nuuccr. EAST LANE/ OPEN SPACE SECTION STONEBAY ORONO. MINNESOTA i«ELL8T P-«tJAT - - sue mm f CTV M ^ . *uft LANDFORM HINCif IB • PNOCMIK •C9 on< ifipj PUMA€ fVCJKTNa ms0^ m «At PESK jM guideline KELLEY PAWCUJAT SECTION C2.2 HomrHLMm 2s! HU. C*l- 9*9 am- tnpj -fM. CU lMC i«crvti 4ltot MM* I9m_____ JCMI IMIl^IROMKVQtflCKriLClunvotfunmyy<wuiui«wmMonm^mwmt CM.t»€ni Ml DESIGN GUIDELINE NDRTHUJEST L4NE SECTION 1*91 • I f f t i city cf omoNO mjBLtC KOfM /........ tt V V AArmeit mm MS No«n«cftr LA»c JW .vvV/ * (/■ i ■:it: NCKTHOeST Li^€lAlMCAm Wm:u* ■• Tw IE3».a; swsrrssRi- .'■-^*. i\ 3? mSt*S!mmriSXm*"^!" *\ l^f««* — Mil t *\ ^9 5 Vi> • • HU. cu 9ue~J mccr/m «5“’ . s cnsi It s^mm tmm> -----S&- ----------illSi---------------------------------mm amem « ----------------- lim W^-'^t i^ umtmmtatr 9*9 am ins) •■/•«<<» mmm,u,m tm»i mm » mmrn • n 9-9 srmf L» ■- f IMUCttMIlMBI \----------- CDtiOTCAneN\-vm-* 3srrs*svv DESIGN GUIDELINE i rm»L m**m • ojm^ m*$ hjist. •rn^ m> •*• 9U7 RiRtSIf 99 M« 9%* LO^S •f m* WT9 nmcm turn 9U*a •** SST ~] ma mttum DESIGN GUIDELINE as£«s NORTH LANE SECTION UJEST LOFT SECTION =Mfi^ mmmmrnk PUD MASTER PLAN A PNA5E1 SEPfEMBERIS. E0O2 rtoiicr. 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Vf' !* 'tf «M mrun ‘ O' tonn 'IfOfTM fliivti. MfM Iff# I SECTION A-A’ ENTRANCE SKaN •NTt* sraM* tCM£ f $ omnu/oaEiMiKriLcnmnotuumm CMSicnmt r». m *jm mm mm •. i•■• mmm mm / «■■■ -~* LAMKVIMrMO ii^WW i^tM u7 MM 1 UMmimty A#<• • »mm I me/ nojKtyMiMminmm m «• cnrmcAnoN rUP MA5TK riAN A PHA5E t scncMpatp. 2002 MAJKr> STONEBAY ORONO. MINNESOTA ■/ wmm fu« >/ *‘11 / Ml# MM. mf*M> ■.'f >#■? * • * ^'w## 1M« it# WM MOttOUi /' vf' ^MvAk SMian (Mut 7 SECTION B-B* ISLAND FALLS ftTAA f • ^ . M*f ifotr liMfM SUM |fl#| |N*«» »*«i» SECTION C-C ISLAND FALLS 9Ltmk 9 f LANDFORM uomuBO rtCUKTlA 1B0009 i/mcAftflfcnoiio L7.1 ftPikOC DIA*^TCR •TAoe pepTu r CAAOOO «■ MOtlt OH 0-0 r CAiOM TO IMU1 OH O - B* r CHOM JO rtout OH ar - or H A* MUtO AOMOWIOH JO - toSr CHOM SOftOWlBA.jr - AO S O CHOtO OOlMtO OH AT (OTtm MMl)5 7> CHOM toiwuiml 9T tOHHH ItAMI 3 r CHMO •O MOW! OH OF (Ottm fttM) O CAUM •OIMW10H or «nm MAM) O* CAUMI OOltOlftOH M'lMBW. 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MU AMA OX/TU to MOtWtt ooot OMOtM 1 typical CONIFEROUS TREE PLANTING /f TI't n p r» ncM>|| 0 TYPICAL EDGE DETAIL AT PLANTING BED tanMMm* ttmmf miMK inri 0 typical perennial planting 0 typical DECDUOU5 TREE PLANTING DAM^ntOMDEVELQMEKTILCiwmommemTti§Kumum MUUOMiMiaMI r.' »«.M€ITI J lEMMONiMiarr ••'•/*! mmm u»A.«r mm mtm ^ rVfiUKTiOMMBOIIMIO AA U CBIVICAnOte rup MASTOt PUN 4 fNASE 1 SEPlEM8Cftl«.a002 tBOJKTi STONEBAY ORONa MINNESOTA landform MIMHtOOOiIt.BMBtMl» pumbc MmUMG nojicrMa lANMCAPC PtIMS L7.3 ( r LANDFORM September 18.2002 Michael Gaffron City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay. MN 55323 RE: RPUD Development Stage Plan, Preliminary Plat and Final Plat Request for StoneBay development to be located at Willow Drive and Highway 12 Dear Mr. Gaffron. On behalf of our client, Landform is pleased to submit the above-referenced applications for property located at the northwest comer of the intersection' of Willow Drive and Highway 12. The plans for the RPUD Development Stage Plan, Preliminary Plat and Phase I Final Plat are consistent with the RPUD concept plan approval granted by the City Council on August 26, 2002. At that meeting, the City Council also made findings that the requested rezoning from RR-1B to RPUD was appropriate and would be final at the time of RPUD development plan and plat approval. In accordance with the developer ’s purchase agreement, we request that City Council approval of the rezoning and RPUD development stage plan be contingent upon filing the final plat. The RPUD development stage plan is requested for the property north of Kelley Parkway. At this time, no development is planned south of Kelley Parkway. That property will be platted as two outlots. At some future date, development will be proposed south of Kelley Parkway and the applicant will be required to submit the necessary applications for site plan review. As always, our proposal includes construction of Kelley Parkway in the first phase of development. We are proposing a total of 167 homes, as approved in the RPUD concept plan. The area is planned with a mix of 56 rambler townhomes, 47 two-story townhomes and 64 loft units. The RPUD development stage plan complies with all ordinance requirements and the conditions in the concept plan approval. Furthermore, we have met with City staff to identify methods for making some of the units more affordable and we will continue to work with staff toward this end. It is my understanding that this Hern will be scheduled for Planning Commission review on October 21, 2002 and City Council action on November 12, 2002. We request that a joint Planning Commission/City Council workshop be scheduled for early October to allow both the Planning Commission and City Council an opportunity review the application and detailed drawings prior to taking action on the request. •SO BUTLCR north BUtLOiNQ 510 FIRST AVCNUC NORTH MlNNCAROLfS. MN 6S40J * • • • mm OrnCC: •13.392 M70 /AX> «13.3S2.»077 . MchMiOaflIrm P«g«2 R«:Ston«8ay 8«ptembw1B.2002 Landform respectfully requests City Council approval of the RPUD development stage plan, preliminary plat and phase I final plat We also request that the City of Orono extend the effect of the subdivision approvals pursuant to Minnesota State Statutes Section 462.358. Subd. 3c. which states that no amerKJment to a comprehensive plan or other official control shall apply to or affect the use. density, lot size, lot layout or dedication or platting required or permitted by the approved application. The Orono Village development is a multi-phase development that will be constructed over a period of 3-5 years. Consequently, we request that the City extend the RPUD and other approvals for five years as allowed by State Statutes. As always, our development team is available to meet with City representatives at anytime to answer questions. If you have any questions or comments, please contact Steve Johnston or me at 612.252.9070. Sincerely. LANOFORM* Kdhdra Lindahl. AlCP Planner COPY: Terry Dahlstrom. Dahlstrom Development LLC Bruce Malkerson. Malkerson Gilliland Martin LLP ENCL: Application Form Affordable Housing Proposal Mailing Labels Draft Association Documents I . i " , A' V *Lamtfonn EngbiMfing Comparqr doing butinus M Landibnn 650 BUTLER NORTH BUILOINO 510 RRST AVENUE NORTH MNNEAPOUS. MN 55403 OFFICE: 612^9070 FAX:612^90n «MM»JwidlDmiJtol c ( Ai-1 September 18,2002 Mr. Ronald J. Moorse City Administrator City ofOrono, MN 55356 RE: Affordable Housmg Proposal for the Orono Development 2550 Wayzata Boulevard Dear Mr. Moorse, As per our discussions with you and the City of Orono staff members, it has been mutually acknowledged that our housing sales prices are above what is considered affordable by any of the present definitions of affordable housing. Nonetheless, we will work with the City of Orono to jointly place several of our condominium units or two-stoiy townhome units at a sales price that will meet the definitions of “CASA Affordable Housing”. Presently the Minnesota Housing Finance Agency (MHFA) Community Activity Set Aside (CASA) program has a inaxitnitm sale price of $ 199,000.00. We propose that the City of Orono and Dahlstrom Development LLC together contribute funds and resources to aid reduction of the sales price of several units to meet the CASA ma.ximum limit. After reviewing our development site plan and the present CASA limits, we will, at our discretion, provide one of the following two options: Two (2) condominium units and two (2) two-story townhomes units for sale at the CASA maximum limit or, alternately, three (3) two- story townliome units. The locations of the units for the two options have yet to be determined. These units will be built to a similar design will be slightly smaller in size than the related condominium or two-story townhome counterparts. Our proposal and anticipated contribution of funds or resources by Dahlstrom Development and the City of Orono are outlined below. The sales price of these units will be the maximum sales price limit of the CASA program in effect at the time these units are placed for sale. The City of Orono will contribute funds or resources equal to 15% of the effective maximum CASA limit sales price at the time of completion of the units, and will apply these funds or resources to help reduce the sales price of these units. Dahlstrom Development LLC will make up the difference in the actual cost to reduce the sales price to said maximum CASA limit in effect. With joint participation, we feel that this affordable housing proposal can be implemented within our development. The affordable housing proposal may necessitate participation by the City of Orono in the filing of applications to outside agencies and cooperation with Dahlstrom Development in identifying and structuring any special requirements that will allow the designated units to be restricted to persons that meet affor^ble housing guidelines. We appreciate this opportunity to work with the City of Orono. Sincerely, Dahlstrom Development LLC.A ? 1 •I 1 J/ J Bonestroo gjg Rosene V ■ Anderlik & Associates Engineers & Architects October 1,2002 Mr. Mike Gaffron Planning Director City of Orono Post Office Box 66 Crystal Bay. MN5S323 ■encfcroo. ffofcr>€. A««dtrfik snd Aiio<l«tct, Inc. Ii »n AfrifftiEiivc ActloiVfquEt OpA^fwnfty tmpleycr and Employ** Own*tf I Principalt: Ono a ■on*ttroo. P.C. • Mjrvin L Sorvofa. PJ. • Glonn * Cook. PE. • tS ^ I Robert a SciHjnIcm. P.E. • Jtrry A. Bourdon, PJ. Senior Conttiltantf: Robert W. Roser>*. PE. • Joicph C Andertik. PX • Ricttjrd f. Ibrrter PX • Susan U Eberiin. CPA. ^ Aisoclat* Principals: Howard A. Sanford. PX • Keitn A. Cordon. PE. • Robert R. Preffert*. PE. • Richard W. Poster. PX • David O. Loskota. PX • Robert C Rustek. A.1A. • Mark A. Hanson, pj, • Michael T. Rautmann. PX • Sed ILPiefd. PX • Kenneth P. Andersoa PX • Mark R. Roifi. PX • David A Ron*stroo. M^A • Sidney P. Winamson. PE. LI • Agnes M. Rirsg. M BA • ARan Rkk SctvnidL PX Offices: St Paul. St Cloud. Rochester and UOlimar. MM • MRwaukee. WI U^bslte: wwwbonestroo.com • / Re: Stonebay PUD Master Plan, Phase I File No. 1 39-02 000 Plat No. 02-2789 Dear Mike: We have reviewed the PUD master plan for the proposed Stonebay development The site is located in the northwest quadrant of the intersection of Willow Drive and TH 12. The proposal provides for a mix of residential housing and future commercial development. We have the following comments in regards to engineering matters. 1. Sanitary Sewer: The City should review MnDOT plans and schedules for utility improvements as pan their T.H. 12 improvement project As noted in our previous review comments the sanitary sewer between T.H. 12 and the railroad tracks will need to be upgraded to serve the ultimate developntent of the Stonebay site. The plans should identify Ijow sanitary service will be provided to Outlot A. The sanitary sewer manhole details should be revised to include an Infi-Shield exterior sealing system or approved equal. 2. Water Main: Hydrants should be installed at all high points in the system. Stainless steel bolts shall be used on all hydrants. All water main bolts shall be stainless steel or Cor-Blue t-bolts with protected caps. All water main ir.iUllation sh.'ill be in accordance with City standards. 3. Storm Sewer: This latest plan set does not show relocating the downstream pipe from the ponding area north of T.H. 12. We recommend the pond outlet pipe be relocated westerly to align with the existing notth/south ditch along the west side of the golf dome. As noted in our previous letter, the golf dome experiences parking lot and building flooding during heavy rain events. The realignment of the pond discharge will eliminate two bends in tlie ditch and divert storm water away from the golf dome parking lot A minimum of 2-feet of freeboard should be provided between a!i basement elevations and pond high water levels. Grading plans should include 100-year high water elevations and rroposci; emergency overOow elevations and locations for all wetlands and ponding areas. A drainage a.*ca nap. stor a sewer and ponding calculations should be submined for our review. Erosion control plan comments will follow under separate cover. The wetland delineation report should be submitted for review. Final plans should be submitted to the Minnehaha Creek Watershed District ^!C WD) for their review and approval. 4. Streels/Trails: We recommend a minimum radius of SOO-feet for all horizontal curves on Kelley Parkway to provide an added measure of safety and improve sight distance. Plans should include vertical curve information. The riglii-of-way width shown along the e.astcrly SOO-feet of Kelley Parkway is inadequate for the proposed street design. The right of way w idth should be increased to provide a minimum of 15-feet behind the back of curb. A center northbound left turn lane and southbound right turn lane should be constructed on Willow Drive as port of this project The trail shown along Willow Drive north of Kelley Parkway should be realigned to intersect with Kelley Parkway at the intersection with Willow Drive. The plans show a trail and sidewalk adjacent to each other along the south side of Kelley Parkway north of the pond. It is unclear why a trail and sidewalk are necessary. The trail along , Willow Drive south of Kelley Parkway should be consuuctcd to T.H. 1 2 as part of this project The design guideline for Kelley Parkway on Sheet C2.2 shows a 5-foot sidewalk directly behind the curb. The City should review and ectmment whether this is adequate for snow storage. The same design guideline show3 a 5 -foot “trair on the other side of the street all "trails” should be const. u>‘ied to a minimum width of 8-feet A geotechnical report R-value recommendation and pavement design should be pnwided for review. 2335 West Highway 36 • St. Paul, MN 55113 ■ 651*636-4600 ■ Fax: 651-636*1311 net ------ / \ V j II ( t ( S. TtalDc: Ourturninf movement template indicaies a WB*SO track (Qrpicalinovinf van) will not pass ihrouihihe round^ouL It appean the street would need to be widened Iqr 4^ftet to allow the WB-50 tuning movement The roundabout should be redesigned to accommodate a WB-50 track. Another possible solution short of widening the roadw^r would be to install tunnountable curb along the inside radius of the roundabout with a4-foot wide concrete sidewalKDehind the curb. The tear dres of the WB'SO track would ride on the sidewalk and the turning movements could be accommodated without disturbing any landscapiag. This latest version of the plans has added another access onto Keli^ Parkway near the west end of the project We would strongly discourage the and would encourage a redesign of West Circie/West Lane that provided two accesses onto Kelley Parkway rather than the three shown. The West Lane access onto Kelley Parkway should be consiracted 28-feet wide foce-to-face. €• Site Grading: The overall site plan should include an earthworks summary to quantify the proposed cut and fill. Retaining walls over 4-feet in height require a separate engineered design suboilttaL 7. nnandal Guarantee: When final plans have been conqileted we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. 8. General: Ail utihfy and street construction shall be in accordance with City engineering standards. Future half size plan tubmittab should be scaleable. Please contact me at (6S1) 604-4863 if you have any questions regarding this matter. Yours very truly. BONE^OO. ^OSEI^, ANDERUK & ASSOCIATES. INC Tom Kellogg Cc: Greg Oappa, City of Orono Oot 09 9002 2:42PM BOtlESTROO ROSEME RNDERLIK 6516361311 p. 1 PnfpetNanw: .Stonebay To;TPK Hfom: JLH fta; City of Orono CHent City of Orono ntmNq : }39-02-000 Datp: Octobor 3, 2002 ® ^ toNowIng concama I have after reviewino the plan for the Stonebay development Please let me Know M you have any questions regarding these comments. Thank you.l 1. 2. 3. 4. 6. 6. 7. 8. 9. 10. Due to the adJaMnt nature arxl close proximity of the development to delineated wetland areas It Is rny sugoestton that all silt fence be machlns Installed, and have metal fence posts. poeslS?iy%^Srfti^^ wooden posts will eubject the wetland areas to the Increased Also, due to ttie drastic increase in the amount of impervious surface created by this d^lopmant it would be my suggestion to allow a 10 toot buffer strip of vegetation be left prior to the «H fence installation line. This would allow for an increase in filtration to slow water velocniea, and decrease water temperature. There should be a continuous line of protection along the north side of the development artth 8>'» feixe to protect adjacent wetland areas of off site runoff arxl sediment loads. ”^ro should be an additional rock construction entrance located on the roadway entrance ai the northeast end of the development. All r^ construction entrances should be made of 3’ minus minimum NOT 1 -2" dear. In previous examples, this is inadequate, and easily filled to capacity. Locations sikJ oapaciiy standards for temporary sedimentation ponds should be noted on the plan, and agreec upon as to installation time lines. At the time of Inetallalion, all curb and gutter inlets should be maintained and protected with some form of inlet protection until work in this development is completed and turf artd veaetation standards have been achieved. ” After installation of curb and gutter, all curb lines should have silt fence installed and maintained as necessary. After installation of streets, all development sites should have a rock construction entrance as previously dtocuaead. Clearly defined responsible authority shall be provided to project engineer phor to work oontroTn^^ e^** who is responsible for immediate needs with regard to erosion and sediment PosMT Fax Note 7671 Co/0«pt Co Pt)on0i Phono# Foa# Sent&oo. Rommnm, AndmrtHrmndAmBc^inf. Ihc. 2336 West Highway 36 4- St. Paul, MN 65113 + Phone: 6St-636>4600 + Fax: 651-636-1311 ( ( bancorp. National Account Services, LLC TO; FROM: RE: Terry Dahlstrom Don Solie Affordable Housing Units In Orono Project 8/20/2002 In response to your question about affordable housing units In your proposed development In Orono I would like to break my answer / information Into several parts. As we have discussed several time there are numerous definitions of “affordable housing” depending on whether you are discussing existing or new construction homes, what geographic area (urban, suburban or rural) you are In, what agency you are dealing with (state, federal, city, county or redevelopment area). The general information relates to: Definition of affordable housing by sale price 2. Definiti v.^ of low and moderate-income buyers. 3. Generic outline of currently available financing programs for low to moderate income buyers. 4. Reasonable expectations of what will be available In 2004 when units will be closing. 1. For the sale price limitations for affordable housing for your development in Orono we will use the limits for Minnesota Housing Finance Agency (MHFA) Community Activity Set Aside (CASA) Program. That maximum sale price is currently $199,000 for the 11 county metro areas. This is the most likely type of financing to be used for purchasers for these homes so we will use this limit for simplicity. It also needs to be noted that the various allowable sale price maximums for different programs change, normally, but not always on an annual basis. Because of the cost of land development and construction in toda/s metro area it is very difficult to produce units at or below the referenced maximum sale price. 2. Like maximum sale prices there are also numerous definitions of what is the maximum allowable income for low to moderate-income buyers. One of the most commonly used is again the limit for MHFA - CASA mortgages. This is basically 80% of the median income for a family of four In the Minneapolis - St. Paul metro area. As a note to tie number 1 above together with maximum income we need to look at the relationship between income and maximum sale price. In general it should be noted that if the maximum income used for new construction affordable housing units is less than the previously mentioned MHFA - CASA limit it is exceedingly difficult if not impossible for a purchaser to qualify for a mortgage unless they have a 30% to 40% down payment. Obviously low to moderate income buyers will probably not have a $50,000 to $65,000 down payment, therefore it Is imperative that there be a reasonable relationship between the income limits and sale price limits. 3. As of today there are numerous programs for low and moderate-income first time homebuyers that would be available to finance the purchase or assist in the purchase of the proposed units In Orono. A. -The aforementioned MHFA - CASA program has been available for several years and should be available in 2004. The one point that needs to be made is that CASA is a Community ACTIVITY Program, which does entail some participation on the part of the city. B. Federal National Mortgage Association (FNMA) first time and low Income programs that assist buyers to qualify with very low downpayments (3%). There are variations of these programs also available through Federal Home Loan Mortgage Corporation (FHLMC). FNMA and FHLMC are the largest sources of mortgage funding and continue to enhance their offerings of programs to assist buyers for developments such as yours. C. Bank sponsored programs may be available that can provride additional low downpayment options and aid in funding some buyer’s closing costs. . D. Assistance from grants or gifts acquired from non-profit organizations to aid low and moderate-income buyers buy homes. 4. In planning for purchases of properties closing two plus years in the future it Is difficult to estimate what will be available or what will be the terms for maximum sale prices or income levels. The best assumptions would be that we can use today’s numbers and if there are properties that fit into those guidelines these properties could be offered as “affordable housing" units under the requirements of the Metropolitan Councils affordable guidelines when marketing begins in the future. Whenever we deal with new constmction affordable housing it is a moving target. The maximum allowable sale price moves, as does the maximum allowable income. Also because there are numerous guidelines that do not necessarily move in tandem. There have been instances where a sales price limit has not changed for years but income limits have changed annually. However, from a financing standpoint it should be safe to say that if you have units available at a sale price of under $200,000 when you begin marketing the condominium units (2004) they should qualify as affordable units according to the Metropolitan Council and MHFA and be eligible for some and hopefully numerous financing programs at that time. Before you and the city select the specific criteria for affordable housing In this development it would seem prudent to reevaluate the situation in mid to late 2003 when you will be able to establish approximate sale prices in the condominium building and we will be in possession of then current, updated information on financing programs. I will be traveling on business until 8-26. use OAONO AFTOnO House • Dsn $«• •.2M1 r O f ■•r August 20,2002 Mr. John lAssIer DaUstrom Development LLC 8266 Xene Lane No. Maple Grove. MN 55311 RE: Proposed Orono Multifamily/Mixed Use Development>Orono, Minnesota Dear Mr. Hassla: As you requested, Maxfield Research Inc. has reviewed your proposed development concept for the Orono Development, a 165-unit for-sale multifamily development that will consist of a mix of one* and two-level townhomes and 64 condominium units in an elevator building with underground parking. As we tinderstand, there is also the potential to provide a commercial component that would include some professional office space and nei^boifaood retail. Cl lerat Market Conditions The proposed Orono development offers housing products that are increasing in popularity throughout the Twin Cities Metropolitan Area. During the past few years, the proportion of multifamily development has been increasing against single-family development. This is due to a variety of factors including the following: An overall aging population, the majority of ^ch are baby boomers who are moving into the empty-nester stage of their lives; An increasingly mobile and independent senior population who arc looking for alternatives to their single-fomily homes and often spend their winters outside of Minnesota; An increasing desire for many households to fiee themselves of the burden of home maintenance and to devote their leisure time to their families or to other hobbies activities. Young professionals seeking a first home that would like to start families; The Orono development addresses a growing market demand for moderately-priced for-sale housing that presents options for a broad age range and lifestyle considerations. The development proposes to offer 6IS 1" Avenue NE #400 MioneapoUs. MN 55413 (612)338*0012 (612)904-7979 FAX I I. * i t Nfr. John Hassler Dahlstrom Development. LLC ; ■ August 20,2002. Page 2 56 ^bl^sti^e tou^mes. one-Ievd living with a full walkout lower level. For empty- small amount of expansion/storage space on a lower level. M apartment-style wndo^um units in an elevator building with underground parking. For ttosc so^ents of the market Aat prefer a <»mpletely “tum-key” lifestyle, this product has ”*?”j*** increase ag^ m popularity. Market segments that prefer this type of living are those who d^in mcre^ security, those who travel frequently either for business or plMsure and mdmdi^s who may leave the area for extended periods of time. Buildings of this ^ are currentty under rans^ction in Downtown Minneapolis, in Edina and in Golden VaUey. have expenmeed rapid absorption and are currently appealing primarily to empty-nesters and ^ attracting young and mid-age professionals as a portion of their Multi/amUy Home Values and Condominium Developments ^e market for for-sale housing in the Twin Cities continues to be very strong. Supply has not and as a result, home values have appreciated dramatically over the past We reviewed the average value of multifamily residences currently available for sale in the Lake Mirmetonka area by product type. The values were as follows: Rambler Townhomes « $509,430 Two-Story Townhomes *= $320,410 Condominium (3-story) = $809,400 ^ analysis revved that there are multiple townhome developments that have units listed for sale at var^g pnee pomts for both the rambler and two-story product types. At this time development currently marketing luxury units which i^^Ited in a very lugh arage pnee point. This development is offering upper^cket units a b^-arnemty location. We ^te that the Orono development is proposing to offer a more moderately paced product There are locations in the Lake Minnetonka area that can certainly 61S 1" Avenue NE (MOO Minneapolis. MN 5S4I3 (612)338-0012 (612)904-7979 FAX tI o I Mr. John Hassler DaMstrom Development, LLC August 20,2002 Page 3 command qp upper*bracket product In order to achieve a more rapid absorption rate and maintain a maricet position in keq>ing with the other components of the project the condominium product proposed for the Orono development ..111 be priced much lower than the average shown above. We provide additional information regarding condominium properties that are currently marketing in the western suburbs that are positioned similarly to those proposed for the Orono development We note that the pricing for the proposed Orono development townhome components falls easily within the average price point that is currently for-sale in the area. The following condominium developments are currently being mariceted and are under construction in the western suburbs: Villas at Bassett Creek in Golden Valley - 55 units; one- to -three-bedroom units with pricing as follows: 1BR» $149,900-$274,900 2BR = $192,900 - $277,900 3BR $280,000 The property began marketing only three months ago and already half of the units are sold. Residents include a mix of empty-nesters, young seniors and mid-age professionals. Grandview Square in Edina - 68 units-Phase I; two- and three-bedroom units with pricing as follows: 2BR» $253,600-$353,900 2BR+D » $385,900 - $422,700 3BR “ $433,900 - $559,500 Units are imder construction. Initial marketing of this property resulted in a hi^er demand for larger size units. Some of the original units were combing to create units with more square footage. The average square footage for units at Grandview is 1,569 square feet. The property began marketing in June 2001 and to date, 60% of the units have been sold. The majority of the buyers have been empty-nesters and seniors. Fern Hill Place in St. Lx>uis Park offers 30 two-bedroom units with pricing as follows: 2BR - $259,000 - $384,500 615 l"AvoiueNE «400 Minneapolu. MN 55413 (612)338-0012 (612)904-7979 FAX f Mr. John Hassler Dahlstrom Development, LLC August 20,2002 Page 4 There are o^y five units remaining in this building that began mariceting in Juuaiy 2001. The average siib of units in this building is 1,480 square feet. The majority of the buyers have been empty-nesters and seniors. We understand that you plan to offer residents of the condo minium building aii average of 1.7 Mvered spaces per unit. This ratio exceeds that of the other subuiban condominium properties. We note however, that the pricing of umts in Downtown Minneapolis is at the top end of the mailcet. For mid-priced product, offering a covered parking ratio of 1.7 stalls per unit is generous and will be well-received in the marketplace. Site Characteristics The proposed development also offers prospective buyers the following amenities; • Convem ’ent access to major highways - Highway 12 • Substantial open space and landscaping, maximizing use of existing natural amenities and enhancing the residential character of the property, • Location adjacent to recreational and visual amenities (trails, lakes, etc.) Overall Marketability The proposed Orono development will offer product types currently in high demand in the Twin Cities and for which there is limited land available on which to construct these types of developments. We are seeing many fully-developed co mmunities undertake muldfamily developments as part of their redevelopment efforts to incorporate new housing products into the community. Th«e multifamily products often retain residents who may have otherwise left the community to seek housing that is better wited to their lifestyle needs. In addition, the provision of this housing allows other farmlies to purchase existing single-family homes, thereby enhancing the housdiold mix in the community and providing for continued growth. We are currently seeing substantial multifamily development in most of the larger size oommunidM such as Plymoutl^ Minnetonka and Eden Prairie. There is limited development in the l^e Minnetonka oommunities primarily because of the limited supply of available land, despite the fact there is substantial demand for these housing products. 615 1” Avenue NE IMOO Minneapolis, MN 55413 (612)338-0012 (612)904-7979 FAX J ( Mr. John Hasder DaUstiom Development, LLC August 20.2002 _______Pages Summary « In reviewing your proposed oonoqit, we bdieve Out: The proposed Orono devdppment plan ofios a strong housing mix for its intended target markets at price points Out foil wdl within die average range of those currently selling in the area. The site location ofTers proqiective buyers convenient access, a strong residential character and substantial open quoe and natural amenities. Hie imposed Orono development will attract a diverse mix of target maricets ranging fi youitg bousdiolds throufib induding seniors, all of whom will be looking for housing products that ofifo greater flexibility, but do not sacrifice ameniOes. In reviewing the proposed product types, we suggest that you consider increasing Oie avenge size of Ow oondmninium units and that Oie pricing on Oiese units could also increase and still remain very marketable. If you have any questions or need additional information, please contact me. Sincerely, MAXFIELD RESEARCH INC. MaryC.Bujold President 61S l^AvcoaeNE MOO Mjjuieqwltt, MN 53413 (612)33I4»12 (612)904-7979 FAX Mtufleld Research Inc. b a hitl service real estate research company that provides the most eornpreheroive real esute markat Information avallaWe. Mb support the real estate research needs of a range of clients including: Real Estate Developers Marketing and Management Companies City and Coun^ Government Agetxies Local and Regional Housing Authorities Financial Institutiorts Health Care Organiations Investors and Lenders Architects and Law Firms Maxfield Research Inc. provides services in the following areas: Market FeasiblllQr Studies for all types of development, especially multifamily renuis. senior housing, and slrv)<e-funily homes. Market feasibility studies provide our clients with the Information thqr need to determine the likelihood of successful Implementation of the prq)ect they are evaluating. Market Assessments which provide clients with relevant information to make site selection decisions, gain additional knowledge about cunent and evolving markets, or to reposition existing properties to take advantage of changing market or convetitive conditions. Comprehensive Housing Studies help cities anticipate housing needs, direct housing policies, and understand pressures in the housing market Commercial Analyses which determine the market potential for the dOvelopaent of Office space, retail space, banks, recreational facilities, hospitali^ prefects, are! imtatrial space. C • • ^ * o ( c ■ A- It r>"ndl^, Land Use Planning that tnabias clienti to ladenne downtown aiaait radtvtiop older natghbofhoodi, aiplora tha MghMt and bast inas of land and avaluito tho capa* bilitias of divara land uaas. Consulting Sendees ara ootooiiad to maat individual client naadi and nny includa a variaQf of satvfcas tailofad to tho individual prqfact Maifiald Raaoaich Inc. provides specific racornnanitations fbr developnient based on extensive prbnaiy and secondary research conducted tqf a staff of high^ qualified research profiessionals. H ' ' 7- . A* 7 i > ■^4;V'. ^ ^V • ■ k -J ■■■ -0- *-**‘-^*** ■--' - If jn iinir Ml .------* ^dneld Kesearc hinc. Maiy C Bidotd FresidenVDircctor of Research *v * • '- .^'v^^ Mary joined the firm In 1984 shorty after MaxfieU Research was established. Working initially with multifimUy resMentiat developments. Maty rapidly expanded her expertise to include, financial institution studies and reuil analyses. She is considered a market expert in the field of residential rul estate and in market analysis for financial institutions. As Director of Research, $’?e is responsible for overseeing and directing ail research projects for the firm. In addition, she also heads project assignments for large-scale land use and downtown redevelopment studies for private developers and municipalities In the Twin Cities and in the Upper Midwest. A graduate of Marquette University in Business Administration, Mary also holds an M.B.A. Degree from the University of Minnesota. She is a licensed real estate broker in the State of Minnesota. ( \ ( Business History - Terry DaUstrom QUALinCATIONS Land developer since 1986 coupled with a residential builder license (#4549). DEVELOPMENT AND CONSTRUCTION HISTORY Current Member 'Dahlstrom Development LLC DaUstrom Companies, Inc., Maple Grove, MN. 1986 to Present PWN^ / PRfiSlPPIgl - Directed all land development and construction activities centered exclusively on building $300,000 to $700,000 price range resi^tial homes. I have successfully implemented and completed all developments as designed and proposed to the Cities referenced below as well as all Equity participants and lenders. Further, I enjoy a flawless reputation for following through on all warranty requests from current and past clients. DAHLSTROM COMPANIES INC. OWNER / MANAGING PARTNER - Accountable for construction and busing functions for the following Land Development General PartneraUps, including development and administration of all financial budgeting, staffing, subcontracting, materials and work Developments include a 12 lot single family residential development in Shore wood MN ($700,000 to $850,000 price range) completed in two years, a 46 lot single family residential development in Plymouth, MN ($4(X),000 to $500,000 price range) completed in three years, a 73 lot single family residential development in Maple Grove, MN ($350,000 to $500,000 price range) completed in three years, 53 lot single family residential development in Maple Grove, MN ($300,000 to $4OO,O0O price range) completed in three years. LAND DEVELOPMENTS Owner / Managing Partner. DaUstrom Abington Development LLP. Sborewood, MN. Development Name - “Watten Ponds ” Financing thru CMIC Owner / Managing Partner. DaUstrom, Eiden, Peterson LLP. Plymouth, MN. Development Name - "Plymouth Oaks” Financing thru CMIC Owner/ Managing Partner. Crosswinds Development, Maple Grove, MN. Development Name - "Crosswinds” Financing thru Kchfield Bank and Trust Owner / Managing Partner. Minnesota Valley Partnen, Maple Grove, MN. Development Name - " Timber Bay Esutes” Financing thru Minnesota Valley Savings and Loan Mankato, MN. MILITARY SERVICE United States Navy - Honorable Vietnam Veteran ( -1999 to present Business History - John Hassler John Hassler is a licensed Realtor in the State of Minnesota Current Member of Dahlstrom Development LLC Real Estate Background Member of Miimeapolis Area Association of Realtors -1982 to present Member of National Association of Realtors -1982 to present Member of Twin Cities Sales and Marketing Council of the Twin Cities Builders Assoc. Member of RE/MAX International, Englewood, CO -1991 to present Real Estate Associate, RE/MAX Results, Plymouth, MN -1991 to present General Partner of Counselor Realty, Minnetonka, MN-1986-1991 Real Estate Associate Burnet Realty, St. Louis Pa^ MN -1983 -1986 Real Estate Associate Century 21, New Hope, MN 1981 -1983 SALES AND MARKETING QUALIFICATIONS New multi housing construction sales and marketing has been my primary focus for the past 11 years. I have trained and managed a team of talented real estate agents to specialize in the sales and marketing of new construction developments throughout the Twin Cities area for local mid-sized builders. Sales production ranged fiom $9,000,000 to $21,000,000 aimual sales revenue. Housing type focus has been primarily multi-famUy housing with sales prices ranging from $70,000 for entry level to $800,000 for luxury estate townhomes. Townhome communities include: Brooklyn Park - 30 units Burnsville - 40 units Burnsville - 28 units Burnsville -16 units Chanhassen - ISO units Eden Prairie - 5 units Hopkins - 56 units Mirmetonka - 88 units Miimetonka - 21 units Mirmetonka - 40 units Oakdale — SS units Richfield—40 units Tonka Bay - 16 units Wayzata—80 units Additional single family developments include: Plymouth —12 units; Plymouth - 120 units; Maplewood - 60 umts; also numerous off-site single family custom homes and existing real estate hom e sales throughout the metro area. Residential development and construction services range from reviewing the marketability of a chosen site prior to purchase, reviewing site optimization for density and building layout, house plan design criteria, material selection, market price opinion and customer profiles. Sales services include Multiple- Listing Service placement, appointment setting, staffing of model centers, developing sales systems, advertising and marketing procedures, pubUc relaUons. media presentations and sales staff developinent Client service include interior design selection, interior design revision, ag.<i<tancf with mortgage companies, title companies, appraisal companies, closing companies and site management companies. For the past seven years I have represented a large upper-bracket builder under the RE/MAX Results brokerage. My team of real estate agents advanced the company ’s market share and set record sales for the company. The core members of this team will be specificaUy utilized in the sales and marketing of the Orono development. ORONO PROJECT MANAGMENT ies Builders Assoc. 1 resent I 86 -1999 to present naiy focus for the past 11 yean. I iialize in the sales and marketing of Kal mid-sized builden. Sales lue. Housing type focus has been D for entry level to $800,000 for \ ! Business Location On site administration, sales and oonstmcdon oflSce, Orono, Minnesota Core Staffing •iOmoperations management*TerryDahlsl Construction Superintendents - 3 Construction and warranty personnel - 3 Sales/Marketing Management • Joto Hassler Sales Staff • 4 Model Home Hosts - 2 Office Staff - 3 Management Terry Dahlstrom will be accountable for business operations as well as oversight of all bidding, contract letting, construction supervision, construction subcontractors, civil engineers and utility contractors. John Hassler will be accountable for sales services include Multiple-Listing Service placement, appointment setting, staffing of model centers, developing sales systems, advertising and marketing procedures, public relations, media presentations, sales stoff development and client services. Plymouth -120 units; Maplewood istiog real estate home sales ing the marketability of a chosen ding layout, house plan design L Sales services include Multiple- t«s, developing sales systems, ttions and sales staff development )n, assistance with mortgage nd site management companies. ler undo^ the RE/MAX Results deet i^iaie and set record sales for Bed in the sales and marifi^ing of •^5g- fi'DlMtC nUJlCT«€L fBeVOB fKELMNMtY MItnAN C2.1 i •^^.■ A-5. '4 -T ^ - -i>#y-- '>/* '-^i*- ^ far < ^'>*t'. ■t:-> : .•^<iw i % k •COMT. 111») tfSftM mm ciT»j vfvsnM nui^ MtK <T>*| mill I,MJ. ^ 111.:.''' Mlilll lilllllllll.. <A s'• « vm ^ ; :'^A :.;;j-.^ ■iJ•••^' . -4 .- •. ■•-- • • -jy-,. ■*• *•? ?i » * -r^v^,._: 'A 1 ,iiii'"!l....iiiiij ' ^.iiii /-UW—/ mficmmmm / ^sus-i mmt mm%tnn. Hom/mm- tmm mm wiKniit mftM. mm {itmi UM MO #00 UM sw^scnpN mm. V-tOO UM MO too \ F«MI y^5Sp«WCflO . 11 ■ ■■■■OAM mfm \ tr tmtcL VuOMVAflt MIHMniAM «r roFWA 4tntj ■LfMTM eu«M. MT« irwj •Mitt »ranf SECTION A-A ENTRANCE SIGN iCHA f ■. t limimimMsmuc nmfaumtjmymicMon^mz fmmmmm casi.i»cni LMSfCAftl iMoi»«iary mMHO iftOOtOifcmomm ,y mm •snrct iNft* ijornsme CAjm to (uio* MKM(»CTUM STONEBAY Atf «umfi umoo to mtcmAtcMOcnot. tnofWMt ft AitMB cmtmo cmmmn cm u«ri»t. ftyutt I'-Ol •OUJM (fVi /»«4^ C0tO* rukriiMk ft n»fG«tmcmam X fsi«:w »»*•« •lOM* orut 7 T'SECTION B-B' ISLAND FALLS K%« r • ENTRANCE SIGN DETAIL tCMM f : t m mm m^».m m» m.m^m •• < ntOlCTMM«(0flll COtTMCAnOM s;:zssisaL: PUP MASTER PLAN A fHASe 1 SEPTEMSERIS. apP2 noMcti STONEBAY ORONO. MINNESOTA LANDFORM M*t«« «*0*f LMi «io too UM simcnoi SECTION C-C ISLAND FALLS Kta f. • FVCLKTltt IMM lAfMDVE «a»NS L7.1 •1i■■ ' MM t 1•% c %< # 1 Ancestra Series , • • • ■: if ‘ ‘ i . •; ■ ■ ^ ’ >••*. • • V V V ; il/V' - • *•:< ' •"• % */ • A: A *A :’.'* A - -A . ‘ * -• • • ‘ ' ■ ■ ‘‘i *r '. ' •'•* ‘ V ■•- ' . Ml I ■ri^'k •fn V ' •..-^ r • • >.'> • •. LaJ A i : muumf j| w r. -A » *C' ‘ n fr \ ' ;'■ *4 ;>•' hSS J r?. •v •- • 4% • M I m- ■ .. .<?, ■m L. •A-V p'-.; . A. ^ ^.t iHP glE\< P m wi;■ < .VC*I »*7^Bnaik r> ■ if ■VjTrt^ Iv^•}V, Mi^Kxa« I k : fl' r ^ V a:s)''-gr-cr30 .*• '.r • tCii . ': ,u •{;■'.• - : r, V . '> ''' '•. t/'A'4'. '4.^ • r^:-VTr* '•*LimEi: ^V'.«-v.<-/'A- wfe.-: ,^:-;:-.v;y-- r • .■•4 '«*•;s3mr f ' f kriiax I d eries . -• .* V "'» » *• ' ■ -‘■•ni.V\Wu ■ . .'s^ i'i / i :/’f;|,iii # (‘’.I'lMl'V.#-MiS® i. tA :^l •... j ‘ i i *• -7^V ... . ■ ; ^^:!r m- i ? i.* ..7 f kVrv ------------- - —'^C>^..\- ■3fc’'%is.I s-ms '*? ’ L: '.^g ■” ■■*’<?^1 i r **4'.'>> ‘M- T-. v> V :{^ -».>•.‘I V . 'i^ i‘ :-•k: - • f r_ > ». r ' \ r si K ls<%AaxllI >' -'ii /- . ’V.‘ Pm ''r4>v '■?>^ ii m-< M|M ^'■'1 .p«m ''4^/ , . r r-i&; ^•• 're ';• ■i:mm -• MM' A>Wi W^- i ■#» R^> ;.r . r, « /» - •«^'*S'#i(r^; ..SK K- '^mp\ i fi-'lipit V ' iv'^- ‘ X J • V Mi ■• 'I •', - ••.;' ;.T if f ifl^SM -:ss^m 111 P ■• i - Ffei |p»l M: ,■^P■.■^-&VC. Wt" ■'.''' W^- ^fes m •' m X v*^ V ** 1 . »• ■ i ' *«i'^«..**• , ^ y -*v« 4 % , -r > 5<N. :m m :i ■'■ ’‘Im.: ilii ■■m m «/i B" MM -i teRWwMiR'rr'• <• 4 mi p: V;''‘ '^'^ »«^fe'3 |A- Vi ^ VIk I ^ ll' ^ % « r • V •I ^ XIQ mf-iJ ft' - im ■ mm it ti lii^II- fe L^^/i '■ P'.-i'.!''-f!i '■m ; . T 7?r/iEi u-r^: r*?i? ..;■> Jf'-; -13-fcS-MIWm rjm n.w. mtei i.■ *■ I *T'~r* —• j i7 •_; ----~' PMWi:mi.. bSiiiiife ;f:P^ i mi' m&.1^1. iPP^PM r^:,s= -.'..I’wS fi-‘'e l - rJk TZV!‘.I iii-----•>ir v^lSS ' ' '■ ■- « : Olmec ^ ' i '• i nSKfi f^/^- C.-S' /^/** October 16, 2002 LANDFORM Michael Gaffron City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay. MN 55323 RE; Additional Information regarding StoneBay Development Dear Mr. Gaffron, We have submitted an application for approval of the RPUD development stage plan, preliminary plat and phase I final plat for StoneBay development. On October 7. 2002, we attended a workshop with the Planning Commission and were asked to provide a few additional details prior to the Planning Commission meeting. The additional information is included with this letter and the material samples will be available at the Planning Commission meeting on October 21, 2002. We have provided typical architectural plans for the rambler townhomes, two-story townhomes and loft buildings. The townhomes will be fif'ished with high-quality materials such as stone, brick and hardiboard siding in earth tones, but the developer will allow customization by the individual homeowners. It is our intent to allow homeowners to choose from a customized material palette that will ensure continuity within the development while allowing buyers to tailor the homes to their individual style. The loft building will be designed with a material palette that complements the townhomes. The fmal design of the lofts will be submitted with the final plan application for that phase of the development. The entry signage is shown on the plans and will be constructed of materials chosen to complement the homes in the StoneBay neighborhood. The pntry monument at the main entrance will be incorporated into the water feature and landscaping planned for the entry into StoneBay. Sign details are included on the plans. We have also reviewed the recreational space requirements and included those area calculations on the plans. The ordinance requires 10 percent of the residential RPUD area to be set aside as private recreatior.al space. We have provided 3.3 acres of upland private recreatio.n space where the ordinance requires 2.6 acres. These recreational areas are noted on the plans. We have reviewed the available street light options and have attached several choices for City review. We believe that any of these street lights would be appropriate within the StoneBay development. We will continue to work with the City to identify the street lights to be used along Kelley Parkway and within our development. 6b0 Bu TlER north building 510 FIRST AvENLE NORTH MINNEAPOLIS MN 55403 OFFICE 612 252 9070 FAX 612 252 9077 www landform n«t t Michael Gaffron Page 2 Re: SlooeBay October 16. 2002 On behalf of our client. Landform is requesting that the development fees (park V . dedication, impact fees, etc.) be phased with development. As we will be final platting this project in three or more phases, we are requesting that the fees due at final plat stage be paid when the final plat is filed for each phase. This is consistent with what other communities require and would result in payment of the fees when the homes generating the demand for these City services are approved for construction. We are proposing to develop only the land north of Kelley Parkway. We do not have any immediate plans to develop the commercial/office property south of Kelley Parkway and, therefore, we are platting that area as two outlots. We have prepared a sketch plan showing how the outlots could be developed simply to ensure that the two outlots would be developable. While we are not proposing any development on the property south of Kelley Parkway, the City has requested copies of this sketch plan for their files. Copies of these sketch plans are provided for informational purposes only and are in no way to be construed as a request for approval or a plan for development on the commercial property. It is my understandirtg that this item will be scheduled for Plaruiing Commission review on October 21, 200‘1 and City Council action on November 12, 2002. Landform respectfully requests City Council approval of the RPUD development stage plan, prelin^inary plat and phase I final plat. We also request that the City of Orono extend the effect of the subdivision approvals pursuant to Minnesota State Statutes Section 462.358, Subd. 3c, which states that no amendment to a comprehensive plan or other official control shall apply to or affect the use, density, lot size, lot layout or dedication or platting required or permitted by the approved application. The Orono Viilage development is a multi-phase development that will be constructed over a period of 3-o years. Consequently, we request that the City extend the RPUD and other approvals for five years as allowed by State Statutes. As always, our development team is available to meet with City representatives at anytime to answer questions. If you have any questions or comments, please contact Steve Johnston or me at 612.252.9070. Sincerely, LANDFORM* { c .endra Lindahl, AlCP Planner COPY: Terry Dahlstrom, Dahlstrom Development LLC Bruce Malkerson, Mafkerson Gilliland Martin LLP ENCL: Revised RPUD Site Plan Lighting Options Commercial Sketch Plan Options *Landfoon Engineanog Company doing business as landform 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS. MN 55403 OFFICE. 612 252.9070 FAX; 612.25^9077 wwwtondH^. net rf October 15,2002 I TO:Orono Planning Commission ^y* .V' ■' ■’. A FROM;Dahlstrom Development LLC RE:StoneBay of Orono Per your request, enclosed are examples of townhome and condominium conununities for the pijrpose of comparing exterior material selections, product design and site density. 1 . * i ^ * o ( StoneBay Specific CompetilioD - MullnFamily Housing New multi-family residential construction within a IS mile radius of the Orono site, ranging in price from $180,000 to $750,000. ..r-. /I V' t','- , "■* C ' "- v ^ ^ ^ ' '• •7 r Direct: New multi-family residential construction within a IS mile radius of the Orono site, ^ in price from $180,000 to $750,000. Specific Competitioo - Multi-Faiiiily Housing Eden Prairk A - Durst & Cans Construction - model $489,900 - others from $400,000 B - Maniey Brothers Construction - model $459,900 - others from $350,000 C - Orrin Thompson Homes - model $389,900 - others from $260,000 D - Orrin Thompson Homes - model $209,900 - others from 160,000 E - Ryland Homes - model $283,000 - others from $220,000 F - Wooddale Builders - model $269,900 - others from $220,000 Maple Grove G - Town & Country - model $235,000 - others from $150,000 H - Oak Ridge Builders - model $324,800 - others from $220,000 I • Centex • model $224,500 - others ^m $170,000 J - Eagle Crest Inc. - model $269,900 - others from $246,500 K - Eagle Crest Inc. - model $199,900 - others from $190,000 L - Orrin Thompson - moc el $335,000 - others mid $200’s M - MJB Homes - model $336,900 others irom $294,900 Medina N - Signature Homes - moOel $489,800 - others from $379,000 Minnetonka O - Ron Clark Construction- model $698,000 - others from $395,000 P - Ron Clark Construction - model $489,900 - others from $395,000 Q - Minnstar Builders - model $566,900 - others from $441,000 Orono R - Eagle Crest Inc. - model $194,900 - others from $190,000 Plymouth S - Swanson Homes - model $375,900 - others from $350,000 T - JMS Homes - model $34" 00 - others from $299,800 U - Langseth Construction - model $399,900 - others from $350,000 V - Rottlund Homes - model $179,900 - others from $160,000 W - Town & Country Homes - model $195,000 - others from $150,000 Victoria X - Jasper Homes - model $289,900 - others from $289,900 Y - Rottlund Homes - model $269,900 - others from $190,000 Waconia Z - Jasper Homes - model $233,900 - others from $220,000 ZZ - Prime Builders - model $195,000 - others from $150,000 dL IT Customer Quarter Report Co/uLo Page 2 of2 1 ( % r,' r' '(r- - • ' i'ijL h, ' ■ I T-• , .1^ yK. • V l«r %w Single Family Reeidential List « ISMIii Status: Activa Map Pagt/Coord: 10S / El List Price: $ 309.900 *-*•< Data: MJmOl 13S0 DOUGLAS DR UniOl: 109 GV - Goldin VaNty. MMNESS422 County: HENN • Hennepin Style (CC) Low Rise {Z- Levels) Beds 2 Baths Total; 2 Air Conditioning Central LakeA/Vaterfront Creek Garage Stalls: 0 Fireplace: 0 Exterior: Brkk/Stone Public Remarks: ( information Deemed Reiiabte But Not Guaranteed C 2001-2002 Regional MLS of Minn., Inc. All Rights Reserved ZB Construction, Inc ^ ' Model Home Price $234,900 • OH)ers From $189,900 ■ri s- ? Medley Hills Condominiums • 922S Medktne Lake Road 763-593-1089 • 763-593-1322 Medley Hilis Condominiums is an eicitm^ new devjM^t cond9cninuj>i of one level living. These mnovaiive ihH afe of eiquisiie design, featuring spacio^ two-and three-bedroom semi custom units nine foot ceilings, si * foot windows and underground heated parking with elevator, private h^op vista overtookmg Medley Htlh Park You c^t^erlfjy one-level living with se»enfty and am^jtsjcnly a cordommium can offer 1.424 __ to 2.000 square feet J 11 ' ■ N f ^MerSone Lave Road • Me(9y Parti f<r UJ i Kon^ or r69 1/2 ma? OP tiW ro COrx^OPWvu#-^ tJiU northslannls.coin/ScarchDctail/Scripts/PrtBuy4/PrtBuy4.asp?CSSName=CSSName&CSST... 10/15/2002 Customer Quarter Rcptirt Page 1 of2 Single Family Reeldential List#: 1591783 List Price: $ 154.900 1350 DOUGLAS DR Unit#: 303 GV County: HENN • Hennepin Style: (CC) Low Rite (3- Leeelt) Bedsi Leke/Waterfront Creek Fireplace: 0 Public Remarks: Status: Active Map Page/Coord: 105 / El List Date; 0/11/2001 Golden Valley. MINNE55422 Baths Total 1 Aif Conditioning Central Garage Stalls: 0 Exterior. Brick/Stone •I . 1 )\kY SIngl* Family Raaidantial List i. 15M413 Status: Aettva Map Paga/Coord: 108 / El Ust Price: $ 230,900 List Date 8/23/2001 1350 DOUGLAS DR UnW: 119 GV - GoMen Valley. MN85422 County: HENN • Hennepin Style: (CC) Low Rise (3- Utfels) Beds: 2 Baths Total 2 Air Conditioning: Central Lake/Waterfront Cieek Garage Stalls 0 Fireplace: 0 Exterior Brick/Stone Public Remarks: A ■•.1 & Single Family Raaidantial List i 1896120 Status: Activa Map Page/Coord: 108 / El List Price $ 280,000 List Date 8/23/2001 1380 DOUGLAS OR UniOP: 101 GV • Golden Valley. MNS8422 County: HENN • He lopin Style: (CC) Low Rieo (3- Lovols) Beds 2 Baths Total 2 Air Conditioning Central Lake/Waterfront Creek Garage Stalls: 0 Fireplace 0 Exterior Brtek/Stone Public Remarks Singlp Family Residential List # 1585197 Status: AcBva Map Page/Coord 105 / El List Pnee $ 272.900 ttst Date 5/23/2001 1350 DOUGLAS OR Unit#: 107 GV - Golden Valley. MN55422 County HENN - Hennepin Style (CC) Low Rise (3-Levels) Beds 1 Baths Total 1 Air Conditioning: Central Lake/Waterfront Creek Garage Stalls: 0 Fireplace 0 Exterior Brick/Stone Public Remarks THE VILLA ON BASSETT CREEK. 55 DISTINCTIVE CONDOWNIUMS RANGING FROM S149.S00 TO $299,900. NOW TAKING RESERVATIONS SUBJECT TO FINAL PRICING. OCCUPANY FALL OF 2002. PETS ALLOWED. UNDERGROUND PARKING. ASSOC DUES APPROX. information Deamed Retiabte But Not Guaranteed e 2001 '2002 Regional MLS of Minn., kic. Alt RigliM RMerv hiip://uT^Av, northstamiU.com/SearchDeUiiI/Scripts/PrtBuy4/PrtBuy4.asp?CSSName=CS.SNamc&CSST... lO/l 5/2002 Customer Quarter Report Page 1 of 1 f- t K M ( ^•1 'w (1 ; ! t ' ' Sinol* Family RaaMantial List#: 20S80M Statu*; Aetiv* Map Paga/Coord: 177 / E3 LiatPrioa:$M1JOO U*t Data: 7/130002 MfSLMiOMlDOliaJHvdfllUaMIMI owewt • Oiaaiwaad. MIMIIE88331 County; HENN • Hannapin Slyla: (CC)Lawmaa(3-Lavala> Bad*: 2 Bath* Total: 2 Air CondWoning; Cairtfal Laka/Watarfront Uka Front Oaraga Stall*: 2 Firaplaoa: 1 Extaitor Stwhaa. Bricli/Slona Public Ramarlw: MOST AFFORDABLE END UNIT ONLY 30 STEPS TO YOUR BOAT SLM-THE CITY OF EXCELSIOR, HKMO TRAILS 4 RESTAURANTS OUTSIDE YOUR FRONT DOOR MAKE ST ALBAirS BAY VILLAS YOUR BEST BUY ON THE LAKE-SEE MLSa 2040104 FOR • • i VIRTUAL TOUR ^ 4 Bifigla FamHy RaaMantial Uatf: 2023304 Status: AcSv* Map Paga/Coord; 177 / E3 List Price: $720,000 List Data: 402002 21008 MINNETONKA BLVD #3 OfWN - Oraantaood, MSINE80331 County: HENN • Hannapin Style: fCC) Low RIaa (3- Laval*) 2 Bath* Total: 2 Air Conditioning: Cantral Laka/Watarfront Lake Front Garage Stan*: 2 Firaplaoa: 1 Exterior Sliakae, Brtek/Sloiw Public Remark*: Si AMana Bay VMaa offer banafUa oriakaahofo ownaraMp ««/al tfw cotnforl* 4 aarvicaa of a 84tar roaort-Tliar* are 20-2 4 3BR humaa 28R br>at aNp 4 liaalad garagaa for aS bemaa Tlila la mrrdal-calllor a prlval* aliewIng-M* MLSP2040104 for virtual tour i“T 1^I rf-.-g SinBlP Family RaaMantial List •: 2080041 Statu*: AcUv* Map Page/Coord: 177 / E3 List Prieo: $ 020J00 List Data: 7/130002 21087 MlnnotonkaBlvdilS Units: 10 GREW • Groanwood. MMNE8S331 County: HENN •Hannapin ^ *' Style: tCC) Low RIaa |3* Lavain) Buds: 3 Baths Total: 2 /Ur Conditionbig: Central Laka/Walarfront Lake Front Garage Stalls; 2 Firaplao*; 1 Exterior. Wood, Brick/Slona Public Remarks: DR mMATIC VIEWS OF 2 BAYS 4 YOUR BOAT SUP FROM TH» 3 BORM VILLA. ENJOY YOUR MORNPfGS IN THE SUN-BATHED PORCH 4 WATCH THE SUN SET FROM YOUR DENI YOU ENJOY LIFE WHILE ALL THE WORK OF LAKE LMNO B DONE FOR YOUl SEE MLSf2940184 FOR WITUAL TOUR. Information Daamed ReSabla But Not Guarantead 02001-2002 Regional MLS of Mkm., kie. AN Righta Rasarvad 1 / C http://www.noilhstannls.coin/SeafchDclail/Script8/PitBuy4/PitBuy4.asp7CSSName*CSSINamc&CSST ... 10/15/2002 / - ■) .... W.■% ,ti)C4Ulor $tif \ < ^ • •• ’ ; 21957 Minnetonka Blvd # 9i>f i. V ^9 / ^RCtfli^ w liia:#a00B ItovMbfi t , 8 rt /SH^US StAlbtMlly *J ■*.V Excelsior, MN 55331-8616 QIQ Customer Quarter Report Page 1 of 3 II,- Vi i’ i J ■ \ f ^ m ] .dJ SinglePamily RMidtntial Utt *: 2031214 Statu*: AeOva Map Page/Coord: tl / B1 List Prtoa; S 408.000 IJ»t 404/2002 •i 8883 FORESTVIEW LH N PLVM • Plymmitti. MINNE8S442 County: HENN • Honnapin Style: (THtSMaxSida Bad*: 2 Battis Total: 2 Air Conditioning: Central LakeA/Valerfront Garage Stalls: 2 Fireplace: 1 Exterior: MetaWinyl, Stucco Public Remarks: a golf couree. 10 miles of walking raile S Eegle Uke Regional Park. Truly one of tlie nicea locetfone in Plymouth.Only two unNa per building site.Custom built by award winning Robert Fitch Construction. Homo site reservation is available.See aupplement •i f lJ.; '' » it Tilt. < * TV** ttnglp Family Realdential U*l i: 2048848 Status: Active Map Page/Coord 117 / b2 List Price; 8 888.800 «-*»« 8/210002 2884 Pelican Point Cir MOUD • Mound. MINNES8384 County; HENN • Hennepin Style: (TH) Side a Side Bed*: 3 Bath* Total: 3 Air Conditioning: Central Laks/Walerfront. Dock Garage Stalls: 2 Fireplace: 2 Exterior tWood Public Remarks: Lovely 3 bedroom townhome in Pelican Point Beaudfully landscaped winding paths lead you to the water’s edge. Dock and golf cart included. Relaxing screen porch and oversicsd two car garage. "if . Single Family Realdential . IV Status; Active Map PageA:oord:104/C2 Ust Date; 8/30/2002 List 4:2071 List Price: $ 784.800 878 Wayclifta North WAYZ • Wayzata. MINNE88381 County: HENN • Hennepin Style: (TH) Side a Side Beds 3 Baths Total: 3 Air Conditioning: Central Lake/Walertront: Garage Stalls 2 Fireplace: 2 Exterior Wood. Brick/Stone Public Remarks Fabulous high demand Wayzata Townhome. Urge, very private lot hearth rm w/vauMed ceilnga. skylights and marble fpic. Main level master euM*. Formal living A dining. Huge lower level amusement rm. Urge private deck. Beautifuly maintained... Status: Active Map Psge/Coord 104 / C3 List Date 10^0002 y BM..4 i- I 0' btakfr n. T-.^Aju .1 Single Family Residential List# 2082671 List Price $ 768.000 403 WAYCLIFFE N WAYZ • Wayzata. MINNESS391 County HENN - Hennepin Style (TH) Side a Side Baths Total; 3 Air Conditioning: Central Uke/Walerfront Pond Garage Stalls; 3 Fireplace 2 Exterior Wood. Brick/Stone Public Remarks TOP QUALITY A GREAT WAYZATA LOCATION. SPACIOUS WAYCLIFFE TOWNHOME ON THE POND. FOUR BEDROOMS PLUS HUOE 8TORAOE/WORKSHOP SPACE. OPEN. VAULTED GREAT ROOM COMBINES KITCHEN. INFORMAL DININO AND FAMILY ROOMS. SEE SUPPLEMENTAL TEXT. ( Intbmation Deemed Retiable But Not Guaranteed C 2001 -2002 Regional MLS of Minn.. Inc. AN Rights Reserved http://www.northstarmls.com/SearchDclail/Scripts/PrtBuy4/PrtBuy4.asp?prp=MIs&where=+&RetumNu ... 10/15/2002 Customer Qi*urter Report Page 2 of 3 r . I ^ m SIfigte Family Rasldantial List i 2081078 Status: Activa Map Page/Coord: 118 / B3 Ust Price S 384.000 List Date: 10/1/2002 83M Ashcroft Road MTKA • Mimiatonlia. MINNE5834S County: HENN • Hannapin Style: (TH) 8Ma x Side Beds: 2 Baths Total. 2 Air Conditioning: Central LakeAA/aterfront Garage Stalls: 2 Fireplace: 1 Exterior: Stucco Public Remarlis: Beautiful Ashcroft townhoma. great master suita-whirlpooi tub and saparsla shomr. Backs up to waSand A woods. Vaulted callings A open staircase lead to loft/family room, offica. and huge storage closet Ho maintenance, carefree living. • *> # i ‘ • i ' . .... ' . ^ * I ll f 1 I i4 j£aai L . i •> • .* SIngl* Family Rasldantial List «: 20343M Status: Activa Map Page/Coord: 118 / D1 List Prica $ 889,000 List Date 8/7/2002 18899 Sussex Drive Unit*: 4 MTKA • Minnetonka, MINNE88348 County HENN • Hennepin Style (TH) Side x Side Beds; 3 Baths Total 3 Air Conditioning: Central LakeAA/aterfront Garage Stalls: 2 FIreplaoe: 1 Exterior: Other Public Remarks This soft contemporary, custom townhome offsra tarrHic main floor living in thie private, wooded, new offering from Halley ’s Custom Homta. Association maintains snow, grass, ate. for $18S/month. Three town homes at ’Aliaon'e Green' from $479k-$8S9k. Single Family Reaidantiai F 1021273 Status: Active Map Page/Coord: 108 / B4 List Price $ 8964)00 List Date: 0/19/2001 ^ 11043 FOXHALL ROAD Unit*: X MTKA • Minnetonka, MINNE88308 County HENN • Hennepin Style; (TH) Side x Side Beds; 2 Baths Total: 3 Air Conditioning; Central LakeAA/aterfront Garage Stalls: Fireplace: 1 Extenor: Stucco Public Remarks The teat Townhome In demand Somerset Ridge. There ie eUN time to mako your final aelectiona. So hurry and grab thie beautifut custom buHt townhome. Someraet Ridge Ie conveniently located in Minnetonka close to RMgodele end 384 ■m Single Family Residential List* 208000k Status: Activs Map Page/Coord 108/B4 Ust Price $ 719,000 List Date 10/1/2002 2628 Cedar Green Unit*: 17 MTKA • Minnetonka, MINNESS308 County HENN • Hennepin Style (TH) Side X Side Beds 3 Baths Total: 3 Air Conditioning: Central LakeAA/aterfront Garage Stalls: 2 Fireplace: 2 Exterior Stucco Pubic Romarks This soft contemporary, cuelOffl towmhomo offora terrific main floor living in this quiet, cloee4n, new neighborhood. Aeeecielion n»lnteint enow, grate, etc. for 8210/month. BuHt ^ Haltoy*s Cuetom Homos in neighborhood of homos seHing from SOOOfc* 1999k. Information Deemed Reliable But Not Guaranteed e 2001 -2002 Rogionel MLS of Minn., Inc. / RighteReeerv http^/wASA^ .norths!amils.cotn/SearchDetaiI/Scrpts/PrtBuy4/PrtBuy4.asp?prp=Mls&whcre=+&RetumNu... 10/15/2002 Customer Quarter Report Page 3 of 3 ( Singla Family Rasidtnlial Litt*:2eSM2e Status: Acliv* Map Paga/Coord: 132 / C4 List Prioa; $ 3M.M0 List Date: 7/11/2002 limTbt-PifIM EONP • Eden PnMc. MIIINES0347 County: HENN •Hannapin Style: IMn Home Bade: 3 Baths Total: 3 Air Conditioning: Central Uka/Wateifront Garage Stalls: 2 Fireplaoe: 2 Exterior. Brick/Stona, Hardbosm/Masonila Public Remarks: One of the Pieiniar Oeveiopmenta of Eden PrsMe~ SetBere Ridge-.. Walking Iraile, porks, even a ewimming pool.. Homes axceedlng 2 million. One of the best lots in the Development BuMt by Kroiea 2 years ago. ProfasslenaHy decoralad. Truly Turn Key Single FamHy RssMsfitlal ^ List#: 2001001 SUtus:/Utive Map Page/Coord: 132/C4 ^ List Price: $420,000 List Dale; 7/20002 17030 HACKBERRYCT EONP • Eden Prairie. MINNE00347 County: HENN • Heiuiepin Style: <TH) Side aside Beds: 2 Baths Total: 2 Air Conditioning: Central Lake/Walaifront Garage Stalls: 2 Tiraplaoe: 1 Exterior Stucco, Brkk/Slone, Hardboard/Maeonita Public Remarks; BEAUTVUL MODEL HOME LOCATED M EDEN PRADtirS EXECUTIVE TOWNHOME DEVELOPMENT HERITAOE VILLAOT MANLEY BROTHERS CONSTRUCTION / . ; ; CHERRYWi ORK THROUGHOUT LOTS OF ATTENTION TO DET/UL ^ ol'i SiiiBls Family RasMantiat List #: 2023043 Status: Active Map Page/Coord; 134 / C4 List Price: $ 400,000 List Data: 4/2/2002 17040 HACKBERRY EONP. Eden Prairie. MINNESS347 County: HENN-Hennepin Style: (TH) Side X Side Beds: 3 Baths Total; 2 Air Conditioning: Central Lake/Walerfront Garage Stalls: 2 Fireplace: 2 Exterior Biick/Slone, Hardboard/MasonMa Public Remarks: Information Daamed Rehable But Not Guaranteed e 2001-2002 Regional MLS of Minn., Inc. All Rights Reserved I http://www.noithstannls.com/SearchDetail/Scripts/PitBuy4/PrtBuy4.asp?pip*Mls&where=H-ARetuniNu ... 10/15/2002 Signature Homes - a Charles Cudd Co MoM Home Price $499,800 • Othm From $390’s m * V 1 Medina Highlands • 3839 Undcn Drfvt I. 612-889^1980 • 612-333-8020 www.€h§rkmdd.€om This state^fthe-art Medina townhome. located in thdlRtkata School District features unique with light and vnndOMS on four fibie gourmet kitchen with adjoining sitting Wve. Sun room and deck overl^klng beautifui pond and wetland. Finished lower-level wa&out Indudes huge recreation room, bedroom and MUfue^ar garage fini^^^^re feet of luxury living! ^___ J N f ^ Evergmen 11 .. 1 # ¥.54J Hrgtmsy 55 i*est fo Hig^my 101, nofth 1/2tndito£y9fgmrKrightto modW MNUC 1201)5474 Sf^lmhfr 7-2^2002 Thunda^^Sundo)/ !2 noon-^S^ ( /W4S ) i y J i r- c a % i ( 5853 Forestview Ln N Plymouth, MN 55442-1275 2994 Pelican Point Cir Mound, MN 55364-1954 Waycliffe N Wayzata, MN 55391-1391 •I 53% Ashcron Rd Minnetonka, MN 55345-4008, UuHliUCir fi 0^ 02002 tHnQywtmm ino^ O2Q0B NM«i»a TacMafewa ■L ? VtirT 'V —rv4 1#^ j 1 I ■s*.A Fn -kAoa 5396 Ashcroft RdVWhrYlvRd’ ^ ^ Minnetonka, MN 55345-4008 11 r /SMyHiiClr MvMlH Cir f ^ »^rngttwoov -.. ---------- 15699 Sussex Dr Minnetonka, MN 55345-1449 TunMawadOr ^ u -— ■0*^"1 02002 IO»Qiiwtoom lii&: 02002 NavOatoa TMhoIbqIm 11643FoxhallRd Hopkins, MN 55305-2827 t • t y: ,yftr K W I .. . —-- . - —----------- _,, ( _$c 2625 Cedar Green Hopkins, MN 55305-3205. 18795 The Pines Eden Prairie, MN 55347-3550 Dr t _ ^ 02008 HOtOiiMioom. Ina: 02008 NnOalOn T»elifioboiM Pioneer P^ —%____ 'r i- Hackbeny Ct Eden Prairie, MN 55347-4276 HttipM •vunr.m7 / ced«f Hillf coir Courte Tar TiimhiilM 02006 MioQuMioofii Ino. 02008 IMMlton TwHnobolw 1 / I r. J . ■ ^ •- j Customer Quarter Report ^'S-tokiY Page I of 3 ■i Ml I Single Family Residential List • 2077083 Status Active Map Page/Coord: 100 / D2 List Pnee $ 443,800 List Date 0/20/2002 2211st Avenue NE-Unit #10 MPLS - Minneapolis, MINNE8S413 County HENN • Hennepin Style: (TH) Side a Side Beds: 2 Baths Total. 3 Air Conditioning Central Lake/Waterfront: Garage Stalls 2 Fireplace 1 Extenor Stucco, Brick/Stone Public Remarks. Uittan living Q the Village 0 St Anthony Falls! Hennepin floor>plan provides over 1000* of space w/2 hr S 3 ba. Maple cabs, granite countertops, stainless app, Fp S 2 parking spaces. This unit also has an upgrade of custom-slat blinds S vrlndows. See Supp. Single Family Residential List# 2077180 Status: Active Map Page/Coord 105 /B2 List Price: $ 247,000 List Date 8/19/2002 890 TRENTON LANE NO PLYM • Plymouth. MINNE55441 County HENN • Hennepin Style (TH) Side a Side Beds 3 Baths Total 2 Air Conditioning Central Lake/Wateifront Pond Garage Stalls 2 Fireplace 1 Exterior Metal/Vinyl, Brick/Stone Public Remarks THE VILLAGE AT BASSETT CREEK IS A SMALLER TOWNHOME COMPLEX NEAR MEDICINE LK. END UNIT FEATURES QUALITY UPGRADES THRUOUT AN OPEN/SPACIOUS FLR PLAN. NOTE: RM DIMENSIONS & ALL MEASUREMENTS ARE BASED ON BUILDER ESTHMATES-SELL. AGT TO VERIFY. Single Family Residential List« 2027231 Status Active Mi>p Page/Coord 110 / El Ust Price $ 229,000 List Date 4/15/2002 5710 VILLAGE TRAIL Unitf: 5710 MOUO - Mound, MINNE55304 County HENN • Hennepin Style (TH) Side x Side Beds 3 Baths Total 3 Air Conditioning Central Lake/Waterfront: Garage Stalls 2 Fireplace 1 Exterior Metal/VInyl Public Remarks: ITS LIKE NO PLACE ELSE IN THE TWIN CITIES. Single Family Residential List • 2047803 Status Active Map Page/Coord 108 / B3 List Price $498,190 List Date 0/19/2002 253 Willoughby Way West Unit#: 209 MTKA • Minnetonka. MINNES530S County HENN - Hennepin Style (TH) Side x Side Beds 2 Baths Total 3 Air Conditioning Central Lake/Waterfront Garage Stalls 2 Fireplace 1 Exterior Stucco, Brick/Stone Public Remarks: Information Daemad Reliable But Not Guaranteed C 2001-2002 Regional MLS of Minn.. Inc. All Rights Reserv'*' hup://\\Auv.noilhstannls.com/SearchDetail/Scripts/Prtnuy4/PrtBuy4.asp?CSSName=CSSNamc&CSST... 10/15/2002 Customer Quarter Report Page 2 of 3 i ii Single Family Residential List •: 2073765 Status: Active Map Page/Coord; 1051 S3 Ust Price $ 241,000 List Date 0/11/2002 626 Willoughby Way W MTKA • Minnetonka, MINHES5305 County HENN - Hennepin Style (TH) Skfe a Side Beds: 2 Baths Total 2 Air Conditioning Central Lake/Waterfront Garage Stalls 2 Fireplace 1 Exterior Metal/Vinyl Public Remarks IMMOEDIATE OCCUPANCYI WONDERFUL 2 BR, 2 BATH HOME W/LOTS OF AMENITIES. CLOSE TO FREEWAY, DOWNTOWN AND SHOPPING. OPENS AND AIRY, S GREAT LOFT OVERLOOKING LIVING ROOM. LOTS OF UPGRADES SHOW A SELLI ! -'-It If ' i ^ // Single Family Residential List* 2066576 4i fl * 269,900 .t SSI S Cove Drive M Status: Active Map Page/Coord: 105 / B4 List Date: 6/24/2002 9816 Cove Drive MTKA • Minnetonka, MINNE5530S ' County HENN • Hennepin style (TH) Side a Side Beds 3 LakeA/Vaterfront Fireplace 1 Public Remarks Baths Total 3 Air Conditioning Central Garage Stalls 2 Exterior MeUIAAnyl. Brick/Stone Single Family Residential List# 2041061 Status Active Map Page/Coord 105/A3 List Price $334,900 List Date 5/29/2002 973 Fairfield Court MTKA - Minnetonka. MINNE55305 County HENN - Hennepin Style (TH) Detached Beds 3 Baths Total 3 Air Conditioning: Centnl Lake/Waterfront Garage Stalls 2 Fireplace 1 ExterK>r MetaUVlnyt. Brick/Stone Public Remarks Wonderful locatlonl 10 minutes to downtown. Light and open end unit with many upgrades including Frsnch Doors, Ctrsmic Tile, Custom Window Trs»*msnts. Walking distance to Rkfgedale and West Ridgsl Mid-September Occupancy. Single Family Residential Ust# 2045035 Status Active Map Page/Coord 105/ A3 ListPnee $359,900 List Dale 6/10/2002 979 FAIRFIELD CT MTKA - Minnetonka. MINNE55305 County HENN • Hennepin Style (CC) Converted Mansion Beds 3 Baths Total 3 Air Conditioning Central Lake/Waterfront Garage Stalls 2 Fireplace 1 Extenor Wood, Metal/Vinyl, Brick/Stone Public Remarks HIGHLY DESIRABLE END UNIT. SPACIOUS & SOPHISTICATED TOWNHOUSE- STYLE CONDO. NEAR SHOPPING. PUBLIC TRANSIT. WILDUFE PRESERVE. FRENCH DOORS. LIGHTWOOD TRIM. CERAMIC TILE FLRS AND LIKE-NEW CONDITION THROUGHOUT. QUICK POSSESSION POSSIBLE. information Deemed Reliable But Not Guaranteed O 2001-2002 Regional MLS of Minn.. Inc. All Rights Reserved hltp://\vw\v.northstarmIs.coni'ScarchDctail/Scripts/PrtBuy4/PrtBuy4.asp?CSSName=CSSName&CSST... 10'15/2002 Page 2 of3 Customer Quarter Report Page 3 of3 Ivt Map Page/Coord 10S / 63 List Date 9/11/2002 iiNrtE5S30$ : 2 Air Conditioning Central Garage Stalls 2 »tal/Vinyl rONDERFUL 2 BR. 2 BATH HOME W/LOTS OF VH AND SHOPPING. OPENE AND AIRY. A LOTS OF UPGRADES SHOW A SELLI ;live SS30S Map Page/Coord 105 / B4 List Date 8/24/2002 al 3 Air Conditioning Central Garage Stalls 2 •etal/Vinyt. Brick/Stone Map Page/Coord 105 / A3 UstDate 5/29/2002 HE55305 1 3 Air Conditioning Central Garage Stalls 2 ^lal/VinyL Brtck/Stone IS to downtown. Light and open end unit with imic Tile. Custom Window Treatments. Walking aplember Occupancy. Map Page/Coord 105 / A3 list Date 6/10^2002 IIE5530S i 3 Air Conditioning Central Garage Stalls 2 lood, Metal/VinyL Brick/Stone IT. SPACIOUS A SOPHISTICATED mG. PUBLIC TRANSIT. WILDLIFE PRESERVE. nC TILE FLRS AND UKE NEW CONDITION ILE. 12001-2002 Regional MLS of Minn. Inc. All Rights Reserved ‘ • ■■. .. It Vtst Single Family RaaMantial List i: 2089191 Status: Actfva Map Page/Coord: 108 / A3 List Price: $ 389.800 List Date: 7/29/2002 070 Fairfield Court MTKA • Minnetonka, MINNE88309 County: HENN • Hennepin Style: (TH) Sida x Side Beds: 3 Baths Total: 3 Air Conditionmg Caniral Lake/Waterfront Pond, Other Garage Stalls 2 Fireplace 1 Exterior Wood, Metal/Vinyt, Brick/Stone Public Remarks; Challangae comparisoni Prima and unit w/breakteat room ovoriooking prairio. High demand assoc. *Waet fUdgo*. Orantta bar. KK. w/wood *Jarrah ’ hr. off bfoakfast/solarium. F.P. in F.R. LR. formal DR. Ex/atudio/BR in walk.out LL. ‘ Single Family ReeldenSal List *: 2040104 Status: Aedva Map Page/Coord: 108 / S3 List Price: $ 494,912 List Date 6/20/2002 197 Willoughby Way West Unit*: 208 MTKA • Minnatonka, MINNESS308 County: HENN - Honnopin Style: (TH) Side x Side Beds: 3 Baths Total; 3 Air Conditioning CantrsI Lake/Waterfroni Garage Stalls; 2 Fireplace: 1 Exterior Stucco, Brick/Stono Public Remarks; Single Family Residential List«: 2062295 Status; Aedva Map Page/Coord: 105 / b3 List Price; $ 839,000 List Date 8/7/2002 141 Willoughby Way Watt MTKA • Minnetonka, MtNNE85305 County: HENN • Hennepin Style; (TH) Side x Side Beds: 2 Baths Total: 3 Air Conditioning Central Lake/Waterfroni. Garage Stalls: 2 Fireplace 1 Exterior: Stucco, Brick/Stone Public Remarks X V. 0 m • met Jli bi ■m. .4- Single Family Reeidential List« 2051028 Status Aedve Map PageA:oord: 132 / C4 List Price $ 211,808 List Date 7/2/2002 17076 HACKBERRY COURT EDNP • Edan Pralria, MINNE85347 County HENN • Hennepin Style (TH) Side x Side Beds 3 Baths Total: 3 Air Conditioning; Central Lake/Walerfront Garage Stalls: 2 Fireplace 1 Exterior: Metal/Vtnyl Public Remarks: Information Deemed Reliable Bui /Vo/ Guaranteed C 2001-2002 Ragionat MLS of Minn.. Ine. f Rights Roser ime=CSSName&CSST... 10./15/200:http://wT^Av.noilhstarmls.com ScarchDctail/Scripts/PrtBuy4/PrtBuy4.asp?CSSName-CSSName&CSST... 10/15/2002 e ( * V 221 1st Ave Nc Apt 10 V V • a. .V Minneapolis, MN Nicollet lSl4Ad W 55413-3203 ^ HolmeirirltJ?/ \ ^ ^ Chute Squere \ * •' / ' \♦ 0 ?• > 08002 lOtOiiMioofiL Ijio.; 08002 NmMdii Taeiiiiotetou ^CMoQo a woim*»«SyS *" d / ^ \ 890 Trenton LnN Minneapolis, MN 55441-4497 tOlliAtrtN c 4JZ r b A •^v^v. W ^ 02008 MivQuMloomi Ino: 02008 N^vtMton TachnolooiMiJ Three hA fAtr SunsilVM HftrMtfU 80^ ,JLjriw«dBi»d A Harrijohi fiay .feton f*rK ^^®*510 Village Trail |Mound, MN - 155364, « or*"'* len^don ia ‘«e ^^ioiifid "-ShofOoDf MeytM)odRd J 5 ^J li¥\ a £ fmer.iouk* c 5 ^ c8 >: ^3 * ET ■1 C00K5 lay ^^****^*^M*nch0il8f Rd- HampiDii Rd02008 MioQuMlaom. Inc 02002 NM«4on TcchnobOM ^ T ^ RiOgamount Av^ VV y Willoughby Way W UKonTarraMUN HoplunS, MN 55305-5378 weitwood Ot«rlM Rd 3 9 FAflMRdW 01 ^ ? j| X I : S I WayiatiM jOAk Knell 02008 MieQiiNloeifi Ine : 02008 NMeton TeohiipbgM 9816 Cove Dr Hopkins, MN 55305-5800 0200t ItovQvMicam. »ne.: 02002 Navtoaton TadinoboiM 973 Fairfield Ct Hopkins, MN 55305-1403 Cr«ne UKe 02002 iOaQa—toowi Mo: 02002 Navkiafiofi TooiifiolMM Oterlifi Rd obertin F*fk ^ 979 Fairfield Ct ^ Hopkins, MN F«irti.« Rrfw .oi 55305-1407 Morton LnWr i . >*. f-.lo 02002 MioOiiMtoom. Ino.: 02002 Novtoatton Ttolinotoatoa Crane lAli ^ 17675 Hackberry Ct Eden Prairie, MN 55347-4285, Turnhiil Rri 02002 lOiOuMioom. Ino 02002 MowfMtton Toorinobooo Ced«r Hill* Coif Court* / /\t2? ‘-■rr. r 1 i ut.* L ^ IKL>I^ I :• c. b GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 5 2 A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN FOR PROPERTY LOCATED AT "2550 ” WAYZATA BOULEVARD HLE NO. 02-2789 ( WHEREAS, Dahlstrom Development LLC (hereinafter the "applicant") has an interest in property located at ‘^SSO" Kelley Parkway within the City of Orono (hereinafter the "City") and legally described as follows: Outlot B, Willow Properties Addition, Hennepin County, Minnesota, except Parcel 201 and 201 a Minnesota Department of Transportation Right of Way Plat No. 27-57. (hereinafter the "property"); and WHEREAS, the property is located in the Highway 12 Corridor Study Area for which the City has established special re(]uirements 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 WTIEREAS, 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 I Page 1 of21 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 48 5 2 WHEREAS, the Orono City Council makes the following findings in regard to this application for rezoning and PUD/RPUD General Concept Plan approval: FINDINGS A. Community Management Plan ronformitv. Rezoning 1. 2. 3. 4. 5. This application was reviewed as Zoning File #02-2789. The property is currently zoned RR-IB One Family Rural Residential Zoning District, requiring a minimum residential lot size of 2 acres. The property consists of approximately 51 acres. 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. The proposal locates Kelley Parkway consistent with the CMP intent for a single tier of commercial office uses between Kelley Parkway and Highway 12, with no direct access to Highway 12. The proposal creates two outlets for potential commercial use between Kelley Parkway and Highway 12. 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 office outlets. 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 offices, banks, libraries and motels/hotels, and allows Class I restaurants only as a conditional use. Rezoning the two proposed commercial outlets 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 c ( I 6. 7. 8. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 48 5^ North of Kelley Parkway, the proposed mix of units and pricepoints includes 56 rambler townhomes at S450,000-plus per unit, 47 nvo-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. OroDo 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 encourage 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 1 -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 of 21 u GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 48 R g 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 tecimiques 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; f) results in a sensitive development in the transitional area located between single family 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. Page 4 of 21 ( /I m B. Site Planning & Amenities: Ti GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 48 S g ation: Miscellaneous 12. 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. 13. 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. 14. The proxinuty of the Lofts to 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. 15. 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 Uvo-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 \%ith possible tot-lot; - Bus-stop/pond overlook on south side of Kelley ParkNvay 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 16. 17. 18. 19. GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO._ 48 5 2 - The interior spaces of the three cul-de-sac loops; - The wetland areas shown as open space on the Concept Plan. AddiUonally, 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 outlots should be established to protect the perimeter of the pond firom 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 determine 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 r I "i ( I 20. 21. 22. 23. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO 4852 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 development; to connect the residential development with 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 beriveen 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 beUveen Kelley Parkway and Highway 12 between the two commercial outlets. 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 wetland separated from the major wetlands on the site, or portions of wetland 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 2 1 lUi; GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 R K R 24. 25. 26. 27. 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. 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 on-street parking areas. Internal pedestrian ways are intended to be privately owned and maintained. The applicant has provided General Concept Plaris 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-5: 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. 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 applicable 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 c ( I 1^-TO CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 R K ft character and tnuge, 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 finds that the proposed rezoning and proposed development of the property for mixed multi-family uses 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. A 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 RPip as described herein upon City Council finding of satisfactory completion of the Conditions for Development Plan approval. 2.The City of Orono will in due course appropriately rezone the property south of Kelley Parkway, including the two outlets, to be consistent with the guided commercial office use as indicated in the CMP. 3. Conditions for Development Plan Approval are as follows: A. 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 IrX £SH^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 & R 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 the satisfaction of the City Council that all RPUD standards have been met and shall demonstrate where such standards l»ve 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 Parkway 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 for the commercial outlets can be deferred until those sites are developed. 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. Public street lighting along Kelley Parkway shall be maintained through standard agreement between the City and the appropriate public utility company. Interior private street lighting shall be at a low level consistent with the surrounding rural residential character while providing the necessary level of security. Such lighting shall be of a style, number, height and location approved by the City Council. Interior street lighting shall be maintained by the homeowners association. Page 10 of 21 1 kl C ( 8) GITYofOROXO RESOLUTION OF THE CITY COUNCIL 4852NO. 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 townhome 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 sq)aration 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 Works 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 uiuts shall be low-pitched rather than steeply pitched to decrease the impact of excess building height. Page 11 of 21 GITYof ORONOmRESOLUTION OF THE CITY COUNCIL NO.____4 8 B R 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: Per recommendation? of City transportation consultant. 12) The interior road sy stem shall be platted as part of the Commons Lot as shown on the Conceptual Plat. All 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 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 sn(j a representative of the Long Lake Fire Department shall review the interior road system, and any revisions required for fire- Page 12 of 21 •> ( i. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 R S R 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->vay in and one-way out. These lanes shal' 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, firetrucks, etc. are accommodated. Roundabout: Developer shall work vrith City staff and consultants to create a design incorporating traffic controls, walkway design features, landscaping, etc. that will provide for safe pedestrian accessability to/through the roundabout interior. Eatliing: No parking on interior streets except at designated bumpout areas. SE a connection 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 Parkway 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 13 of 21 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 S ft 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 Hi^way 12, and if MnDOT approval is obtained. Portions of the trait 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 cast 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 stonnwater 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 %vithin the Commercial Outlots 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 be 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 Parkway shall be provided by the developer as follows; North and South Sides of Kelley Parkwav: 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 c ( V mm GlTYofORONO RESOLUTION OF THE CITY COUNCIL NO.... 4-8 sg—: Maintenance responsibility for the Kelley Parkway sidewalks shall be the re^nsibility of the Developer or the homeowners or commercial maintenance association(s). 15) 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 Management 20) 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 Paricway shall be 12". 17) 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 mainitain same. Applicants' architect shall submit final development plans to the Metro Council Envirorunental Services to determine the exact number of SAC imits to be charged at the time of the issuance of building permits. Developer shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stonnwater management plan before Development Plan Approval will be granted. The stormwater drainage system will be owned and maintained by the homeowners association. Page IS of 21 GlTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 & 2 D. Wetland Impacts 21)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 Minnehaha 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 10.55, Subd. 8) which disallows filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstmetions, 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 I'.ecessary 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 w’orking order until the site is revegetated. 24)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 ^ A* a FT O |l ( i : GlTYof ORONO EBVSL G. RESOLUTION OF THE CITY COUNCIL NO. ^ ^ B 2 F. Other General Conditions. 25)Monument signs may be provided by the developer at each entrance to the RPUD development site. The signage 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 submittaii and shall be subject to approval by the City Council. 26) • 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 Planning Commission’s July 12,2002 packet shall be suitably addressed by applicant in the development plan submittal. 27) Developer shall provide market study information to confirm that the proposed units at the proposed pricepoints are maiicetable and will indeed meet housing needs of this area. 28) Developer shall provide copies of proposed covenants and documents describing the stnicture, rights and responsibil'ties of the various homeowners associations to be reviewed by the City Attorney. Plans and Specifications. The following plans and specifications 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 approval with the Preliminary Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer. Page 17of21 CITY of ORONO itXt H. I. J. RESOLUTION OF THE CITY COUNCIL NO. 4 8 5 2 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 RPUD zoning district. iv) Final building construction plans, including: v) Detailed signage and lighting plans. vi) Phasing Plan vii) Any additional plans and speciGcations 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, cu^ & gutter, stomisewer, landscaping, grading, erosion control, utilities, drivewa}^ and parking areas, trails, sidewalks, retaining walls and stormwater management facility construction, and the applicant provide to the City a financial guarantee of 150% of the improvement costs. Page 18 of 21 V GITYofORONO RESOLUTION OF THE CITY COUNCIL NO--------4J8 I 4. 5. 6. 7. 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 from 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 further review including referral to the Plarming 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. Additionally, the Council ’s rezoning approval will also depend on the Council ’s evaluation of the financial strength and organizational capacity of the Developer. 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. Page 19 of 21 J CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A ft II ft Adopted by the Orono City Council on this 26th day of August, 2002. ATTEST; Lih^ S. Vee, City Cleik 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 municipadcd^ration and said instrument was executed on behalf of the Cityi KRISTI B. ANDERSON NOT«9Y Pueuc • MNNESOTA •7 Expra Jsa 31.2007 Notary jSSSScTT****"""***"**a- Page 20 of 21 MfeHLL. ( oT o CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. __4.8-g 2___ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this day of » 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. RACHEL DODGE H0TA«VPUiUC*iaiN2-rFA Pi 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 ^ . . LIST OF EXHlBrTS - RESOLUTION NO. 48 5 2 u lii A-l: Sheet C2.1 • A-2: Sheet C2 J - A-3: Sheet C2.4 - A>4: Sheet CS.l • A-S: 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^24-02 - Alternate Concq>t Plan (Kell^ Parkway located north of MnDOT pond property) ) r 7 c ( £ GITYofORONO Munkipal Offices Street Address: 27S0 Kelley Perliway Orono, MN 55356 Msillni Address: P 0 Bn 66 ciystst Bay, MN 55323^66 October 18,2002 Teny Dahlstrom Dahlstrom Development, LLC 7745 Polaris Lane Maple Grove, MN 55311 Dear Mr. Dahlstrom: I have reviewed with the City Council the affordable housing proposal detailed in your letter of September 18,2002. The reaction of the Council to the proposal was that reducing the cost of three to four units is only a token effort. A worthwhile effort should involve setting the price point of a much larger number of units at $199,000. The Council also indicated the City will not provide a financial subsidy to the development. The City does not have any financial information regarding the project to enable a determination regarding the developer’s ability to reduce the price of a substantial number of units to the $199,000 price point. The Council has requested that you provide the City with fiiuincial information regarding the project to enable an evaluation of the feasibility of accomplishing a worthwhile affordability effort. One element to be included in the feasibility evaluation of the affordability effort is the project cost related to sewer and water fees. In 2001, the sewer and water connection fees for the Highway 12 area were converted from per-unit fees to per-acre fees. A major reason for this fee restructuring was to reduce the fees to a level that would enable the higher density housing planned for this area to be more affordable. If this fee structure had not changed, the sewer and water connection fees.would have been approximately $10,500 per unit vs. the $3,500 per unit being charged to the Stonebay development based on the six unit per acre density. This is a reduction of $7,000 per unit for yvery unit in the development. This fee restructuring has reduced the total cost for sewer and water by $1,169,000. This is a major cost reduction that is, in itself, sufficient to enable a large number of units to be developed at an affordable price. It is important that you provide the City Tdepbooe (952) 249^4400 • Fax (952) 249-4616 wwwxLorono.Bm.as Teny DahUtnxn October 18.2002 Paie2 with infonnation that shows how the cost for sewer and water fits into the overall financial picture of the project Please call nie to discuss the nietliod and tuning of providing the retjuested financial infbmation to the City. Sincerely. Ronald J. f^rorse City Administrator V ;■ i MINUTES OFTHE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. [-2841 DAVID DICKEY, 4425 NORTH SHORE DRIVE, Continued /Bremer md\ed, Chair Smith seconded, to recommend approval of Application 1102-2841, David Dickeyy442S North Shore Drive, granting the hardcover in 1S-2SV setback zone variance to co^ruct an attached garage and foyer to the existing residence. VOTE: Ayes 7, Nays 0. (UlO) #02-2844 BRUCE AND CAROL HEDBLOM, 2601 CAS^ POINT ROAD, VARIANCE 9:42 - 9:\l P.M. Bruce and Carol Hcdblom.^plicants, were present. Weinberger explained that the ^nlicants had requested^ hardcover variance to permit alteration to existing hardcover in the 75-2S0C setback to penmt^construction of a residential addition. The addition would replace an existing trace season porch and add another 223 s.f. of living space to the home. The actual hardcover woul^ot incite on the property. The 19 ’ X 28’ addition would connect the main residence with the gqrage and be used as a master bedroom suite and storage space. Weinberger noted that staff recommends appro^l of the variance and pointed out that the applicants request that the removals/rom the driA^ay be delayed until after the construction in order to provide the construction yucks a staging arehswhile they work. In addition, Weinberger stated that staff recommends the (nstallation of gutters^companv the addition iiinstallation of gutters accompany the addition in order to direct water from the south side of tb^residence towards the lak^and not directly at the neighbor. Gary Marquant, 2617 Casdo Point Road, stated that he supportb^his neighbors proposed addition and installatiop^f gutters. Hawn moved, M^usth seconded, to recommend approval of Application #02-2844, Bruce and Carol lledyiom, 2601 Casco Point Road, a hardcover variance h^nermit alteration to existing hari^ver in the 75-250 ’ setback to permit construction of a residential addition, subject to yie three staff conditions as noted in their memo of 11/11/02, mih the exception that the blacktop removab be allowed to occur next spring, by May 30,200^^long with the installation of gutters. VOTE: Ayes 7, Nays 0. / (R6ccss taken from-9:51 (#14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, PRELIMINARY PLAT APPROVAL AND FINAL DEVELOPMENT PLAN APPROVAL 9:58-11:50 P.M. Sieve Johnston and Kendra Lindahl, Landform and Dahlstrom Development representatives, were present. Page 19 TING h-22.- »Continued >r Application «i02-2841, n 75-2^’setback zone B residence. VOTE: Ayes POINT ROAD, variance to permit alteration f a residential addition. The er 223 s.f. of living space to The 19’ X 28’ addition naster bedroom suite and td pointed out that the ntil after the construction in •rk. In addition, Weinberger le addition in order to direct lirectly at the neighbor. i neighbors proposed ipHcation #02*2844, Bruce ■ce thermit alteration to of a m^ential addition, /11/02, whh the exception day 30,20()3^along with 50 KELLEY PARKWAY, MENT PLAN APPROVAL Development representatives, MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o’clock p.m. (#14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, Continued Gaffron began with a brief overview of the eight topics that the Plaiming Commission was requested to review in order to make recommendations to the Council. The eight issues were as follows: • 1) Acceptability of site layout 2) Acceptability of building styles and proposed materials and color palettes 3) Acceptability of provisions f«:r pedestrian circulation, accessibility, and connectivity 4) Acceptability of recreation amenities, both private and public 5) Recommendations on site lighting as well as Kelley Parkw.iy streetscape and lighting 6) Acceptability of overall landscape plan 7) Recommendations regarding housing affordability 8) Recommendations regarding development covenants The Plaiming Commission was encouraged to identify any further issues and recommend revisions or changes as they saw fit. GafTron noted that the applicants have requested that the Plaiming Commission make their recommendation to Council for Council action on November 12 in order to meet the applicant ’s schedule. Once again, Gaffron stated that any recommendation for approval should include a recommendation that the applicants work with staff to resolve outstanding engineering and other related issues noted in the memo or those that come to light in the future. Gaffron pointed out that both Tom Kellogg and Shelly Johnson, of Bonestroo were present to provide comment on engineering issues and the traffic study. With regard to streets and trails, Gaffron stated that there were minor revisions for discussion, he pointed out that there was a separate entrance and exit road at the main entrance, a circular structure in the middle of the development, a new southeast end access for emergency vehicles, and that the suggested 15 ’ separation between loft buildings had been achieved for the most part. He maintained that further discussion would be needed to address the consolidation of the loft accesses. While they were still working on specific engineering issues, the Fire Marshall did not have .TO many concerns other than tweaking hydrant locations. As indicated in the staff memo, and after speaking to Consultant Case, Gaffron stated that Case’s feeling was that this was a nice landscape plan, which exceeds the general requirements. Since the Commission was familiar with the application. Chair Smith suggested that rather than have Gaffton review the entire staff memo, he take questions with regard to each issue. Chair Smith stated that she was pleased with the plan and asked Johnston if he could identify any similar housing units elsewhere, that she could preview as representative of Dahlstrom’s work or others. John Hassler, of Dahlstrom Development, maintained that there would be a variety of different scenarios within the development, and not strictly one color palette or style to choose from. Page 20 MINUTES OFTHE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o’clock p.m. (#14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, Continued Chair Smith asked for further clarification of sites she could look at with regard to a similar look or density. Mr. Hassler indicated that it was most difficult for them to find a similar two story rambler style townhome for the Commissioners to drive by and compare. The Colt estate development in Minnetonka would be the closest to this style he could think of, otherwise, he would put together a list of locations with similar style homes and provide that to the Commission. Chair Smith asked how soon they could provide the Commission with the representative list. Hassler indicated that it would be first thing the next morning. Hawn inquired as to the price points the different designs would be listed at. Hassler stated that the lofts would be priced in the $225,000 range; the rambler style twinhomes, in two or three different styles, would approximately run in the mid S400’s; and the two story townhomes would be priced from $300,000 - $320,000. With regard to the circulation, Johnston clarified that a sidewalk width of 3’ was proposed when it merely was used as the walkway to the front door of a house, the average streetside sidewalks were approximately 5 ’ wide, which allows for two people walking next to one another. Where there would be bike traffic, there were separate trails proposed. Johnston indicated that it was their desire to keep the hardcover at a minimum. He pointed out that the architectural look would not be modular block, but mostly stacked limestone chunks. Hawn asked if the limestone look would be similar to that of the airport. Jolmston stated that the placement would be in a more random pattern. Mabusth asked it the retaining walls would exceed 4*. Johnston noted that it was their intention to stay below 4’, however, in the event the walls were higher for some reason, the developer would install handrails. Mabusth questioned the retaining walls proposed for the back loft building. Johnston stated that the back loft building would be more narrowly defined in the future as the developer meets with the City to plan that phase of the project. Johnston maintained that this was merely a preliminary drawing for the building, with a final to be presented to the Commission likely next fall. Johnston added that in the near future, street names would likely replace the east, west, north, and south designations. In general, Johnston pointed out that the Commission could look at the Page 21 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o'clock p.m. (1114) 1102-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, Continued limestone, rock, and color palettes in the back of the room that accompany the architectural style drawings the Commission had seen previously. Chair Smith asked what the proposed timeline to complete, C5-1, the various phases. Johnston stated that Phase I, which would include the main entrance drive, and some rambler and two story townhome designs, would be completed first, followed by other phases which the market forces would direct. Phase 1 would likely be complete next fhll and the Commission would be reviewing the next phase at that time. Chair Smith asked again for a timeline from ground breaking to completion. Johnston noted that the developer was anticipating a three year build out, during which the loft units could be built at any time, and development of Phases A, B, and C would depend on market forces. Ground breaking would depend on spring weather. Mabusth asked how many units would comprise Phase 1. Gaffron indicated that 19 two story units and 23 ramblers were proposed for Phase 1. Hawn inquired when the trails would be added. Johnston pointed out that the trails would be built with the construction of the infrastructure. Berg questioned how the affordability issue had been resolved and wondered what units would be considered qffbnhhle. Gaffron stated that initially the proposal was for 2 condos and 2 two-stories or 3 two-stories, however at the last City Council meeting, the Council suggested that neither of these two options went far enough to accomplishing the desire for affordability. The Council asked that eitlier a wholehearted effort be done to accomplish affordability or they acknowledge that this isn’t the project to accomplish it. In order to determine this, the Council asked Dahlstrom to provide financial information from a consultant so that the City Council could consider whether there are built-in profits that could be used by the developer to do more affordable housing within this project, or it might be determined that after all that is put into this development it might be asking enough to be provided with the few units the City has been suggesting. Gaffron indicated that the Council was not eager to waive any fees to help buy down the cost of affordable housing, and because of the fee structure for sewer and assessments there is a S7,000 contribution per unit through the entire project by the City that somehow should be accounted for in affordability already. All of that being said, Gaffron stated that the applicants would be providing more information to the City Council, through Ron Moorse, on the financial mix for Page 22 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. («14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, Continued this project so that the Council could come to a decision about what they should be asking for over the next week or two. Mr. Dahlstrom interjected that they would be meeting with Administrator Ron Moorse and their financial people in the near future to see what ’s available, and discuss the issues of affordability and how the City could participate with them in order to achieve affordability. Loraine Kaley, 1395 Brown Road South, stated that, according to her recollection, the last time the development was discussed, the affordable units were going to run $170,000, she questioned how these, had gone up so considerably since then, at a current price point of $220,000. She indicated that, according to the papers, the Met Council has been contacting local municipalities and questioning why they have not been willing to participate in affordable housing initiatives and cautioned the Council that they could be next. DahlsUom pointed out that the $170,000 price point Mrs. Kaley was referring to was likely what the Met Council had identified as affordable. He indicated his willingness to work with the City in determining what level of affordability they will use to define this project and keep in check what sort of income level people have to have in order to qualify for those homes. He added that he would be attempting to bring in Don Soley, of US Banks, to talk with the City about what is affordable. Lindahl agreed that the affordable housing issue is a very complicated subject. She pointed out that it is difficult to compare Orono to other communities who have housing departments, like Minnetonka and Plymouth, where people work full time to get fimding sources lined up. The challenge here is to design a program that provides affordable housing that the City says they want and need, without having the staff dedicated to making the housing affordable and keeping it affordable over the long term. Although a difficult task, it would be possible to make affordable homes at $199,000, but Lindahl stated they don’t want to see those homes resold the next year at a huge profit rather than being kept affordable units. Hawn slated that she had difficulty moving this application forward without the traffic report in hand. Furthermore, since this was slated for affordable housing, she could not, in good conscience, support.the proposal without a measure of affordability built into the project. Shelly Jolmson, of Bonestroo, stated that he had been conducting the traffic study and apologized that the actual report would not be available until the end of the week. With this being said, Johnson indicated that they had defined Kelley Parkway as a mini-collector road. He believed that once ail of the parcels were developed, one would see 2000-4000 trips per day on Kelley Parkway, easily supported by a 32 ’ roadway and 30 mph. From a traffic perspective, Johnson stated that it was a nice project with good access, and once the third drive from the loft area was eliminated, it would work wonderfully. Finally, he noted that they would recommend nvo approach lanes to Willow be added. Page 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o’clock p.m. (#14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARI^AV, Continued m Hawn questioned how th'S might affect stacking problems on Highway 12. Johnson stated that he did not foresee any stacking or cueing problems at the intersection, in fact, he pointed out that the new highway redevelopment of 12 would alleviate-traffic on the current highway by 40%. Berg inquired whether the future commercial development was taken into consideration when they looked at the traffic that would be created on Kelley Parkway, Willow, and Highway 12. Johnson indicated that they take everything Into consideration when they make their projections. Gaffion asked what Johnson foresaw for the Highway 12 and Willow intersection. Johnson stated that they recommend the City widen Willow to make access safer and create a center turn lane along Willow. Gaffi-on questioned the recommendation for the Willow and County Road 6 intersection. Since the intersection already meets traffic signal warrants, Johnson suggested the City approach the County to try to get an all way stop sign installed. He agreed this was a hazardous intersection. Mabusth asked what the off site needs for this development might entail and how dependent on the MnDOT improvements, of the sewer lines along the railway and lake, the developer would be. Gaffron maintained that the City ’s expectation is that the MnDOT corridor work is slated for completion by next sununer, at which time, the sewer line upgrades would come between Highway 12 and the corridor. By the time these units would come on board, Gaffron stated they would have the capacity to handle them. Kellogg stated that it has been known for some time that improvements would need to be made, and until MnDOT completes its work, the temporary lift station could handle some of the development units temporarily. He believed the timing looked as if it should all work out. Mabusth reminded the applicant that a stormwater retention pond was necessary, and asked' if any other improvements were needed off site for this development. ^ile he acknowledged that the applicant had already addressed needed improvements, Kellogg indicated that the only difficulty is that the discharge from the ponds has to run across Highway 12, take a 90 degree turn to the west, and another 90 degree turn to get to the swales that carries it back to the railroad tracks, at little or no grade. Page 24 . - MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*cIock p.m. •• f (#14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, Continuctl Mabusth asked if the retention ponds were part of development Phase 1. Johnston agreed that the retention pond and other things would accompany Phase 1. With regard to the punch list of 8 items in the staff memo, Chair Smith asked for Commission reaction to the first item, site layout. Rahn asked if the applicant was receptive to changing the size of the roundabout. Johnston stated that they would look at the size of the roundabout with Bonestroo, as well as, the third driveway by the lofts that was added due to the 10’ drop in the grade differences. Gaffron suggested the applicant consider a consolidated side entrance access for both loft buildings versus the proposed 2-3 accesses shown currently. With regard to the color palettes, Gaffron stated that the Commission’s goal should be to tie them down to ensure the City knows what they are getting. Johnston indicated that what they were displaying that evening was a style and a sample of colors they propose, and he ensured the Commission that what they don’t want is a single color only repeated throughout the entire development. Gaffron pointed out that the publics view would be more than just the front, and suggested the applicants consider continuing the front facade around the building since the two story views would be seen throughout the neighborhood. Hassler stated that their intent was to install brick on the front and back of the buildings and provide variations. Similar to the Renaissance development, Dahlstrom noted that these units would be all brick with some similarities and variations, and he realized that they need to enhance the rear as well as the front. • ^ Hassler stated that they would be using materials such as, cultured stone, brick, hardy plank (which could be painted). He indicated that it was their desire to blend all of the materials so that they compliment each other but not necessarily duplicate or look like a hodge podge of styles. Gaffron pointed out that the hardy plank was also used on the new senior housing building. Fritzler asked if vinyl siding would be used. Page 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. (#14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PAR kWa Y, Continue^ Dahlstrom stated that there would be no vinyl siding. They would be using the nati'^I tones and lime stones, brick, etc. Chair Smith asked for comment on the connectivity, safety, and pedestrian circulation. Hawn suggested they consider a wetland bridge structure as opposed to the jog in the trail along Willow near the wetlands. Gaffron recommended they, at least, aim the trail with a ‘Y’ directing users around the triangular green space. With regard to recreation, Hawn asked if the applicant would be installing the playground equipment. Johnston indicated they would be putting it in. GafTron pointed out that there would be family housing potential and recommended the applicant build the tot lot. With regard to Kelley Parkway lighting and streetscapes. Gaffron pointed out that the applicant had provided several suggestions and he asked the Commission for their feedback on the type of feel they ’d like to create and if their desire was for dark skies or highly lit skies like at Otten Brothers. He asked what they found most logical, a subtle box light, or decorative lighting and whether their goal would be to continue I>ong Lake ’s street lamp look. Mabusth asked what Shelly Johnson, traffic consultant, would suggest. Johnson stated that he would recommend at least enough light to ensure safe night driving alone Kelley Parkway. Chair Smith questioned whether they could add interest with lighting. Bremer pointed out that there were nice suggestions included in the packet. Johnston stated that, of the three suggestions, he personally preferred the straight poles with any of the three lamp looks. He did not believe shoe box lights to be the best recommendation. Fritzler suggested harmonia lights along Kelley Parkway and Nostalgia on the side roads in the development. Mabusth and Gaffron agreed that they would prefer staggered irregular lighting along Kelley Page 26 -MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. (#14) 1^02.2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARK^VAY, Continued Gaffron pointed out that there was nothing in the current code that designates how much lighting is necessary. Chair Smith stated that item 6, acceptability of overall landscape plan, and item 7, a recommendation for housing affordability had been discussed. With regard to the covenants, Gaflron stated that staff had not looked closely enough at them yet and the City Attorney would need to review them before making any recommendations. He asked that the Commission let him know if anything further should be added to the covenants. Chair Smith indicated that she would prefer that most of the ponds remain natural. Gaffron asked if the Commission would like to see a fountain miming in the NURP pond across tlie street from the main entrance. Chair Smith’s first reaction was no fountain, after which she recommended a more natural looking water feature be planted. Hawn f'lt aeration would be good in order to avoid the green scum accumulation on the pond. Gaffron asked the applicant to explain the water feature. Johnston staled that the water feature would pump water from the center pool along a shallow creek bed. Chair Smith was concerned that children might have access to the water feature. Johnston stated that the creek featiue would not be intended for children and indicated that there would be a landscaped edge between the traffic and creek. Mrs. Kaley asked what sort of planting would occur in the northwest and east areas. Johnston indicated that rain gardens and small landscaped ponds would treat water naturally with native vegetation. Benches would be placed randomly in those areas. Gaffron pointed out that where wetland encroachment might occur, retaining walls would be built. Intended to be an idealized creek, Johnston stated that the bed would be planted with specific materials that wouldn’t require a great deal of maintenance. Chair Smith indicated that this would to pleasing to her. Page 27 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o'clock p.m. (IH4) «^02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, Continued Mabusth asked if the water would be chemically treated. Johnston stated that there should be enough movement as to not require chemicals as they've planned it. Chair Smith asked if there were additional comments. Gaffron stated that the application was slated for the November 12,2002 City Council meeting at which time he would try to put together a 1st draft of developers agreement and resolution, with a similar degree of detail as the concept plan. He reiterated to the Commission that if they had any further comments to speak now. Fritzler questioned the future bus stop site. Johnston pointed out that the MnDOT site would be the most logical space for a bus stop. Fritzler asked if there was fear that people might use this as a park and ride area. Johnston indicated that the parking time could be limited. GafTron stated that there could be a separate space for a future bus park and ride later. With regard to the drawings, Chair Smith asked what would go at the other ends of the MnDOT trails. GafTron stated that these would be developed sites. Johnston indicated that the applicants were pretty flexible and went to IVInDOT to ask for everything they might need now rather than going back for more later. Hawn questioned whether the Commission could take action subject to further information from the traffic study and affordable housing issues have been addressed. GafTron stated that they could make their motion and include a recommendation which gives the City Council further direction. Hawn asked if there was a need to make a motion regarding the rezoning and RPUD, or merely final development plan approval, which makes references to the Commission's feelings.. GafTron indicated that the rezoning was treated as inherent in the process of the concept plan approvals. He pointed out that the phasing of fees was also something that the Commission did not discuss, however, would be included in the final resolution put before the City Council. Page 2S 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o ’clock p.m. 7 a- (#14) #02-2840 DAHLSTROM DEVELOPMENT LLC, 2550 KELLEY PARKWAY, Continufd Gaflron reminded the Commission that this would be the last time the Planning Commission would see Phase 1, unless a major change were to occur. Chair Smith moved, to accept Application #02-2789/#02-2840, Dahlstrom Development, LLC, **2550** Kelley Parkway, rrcommending the granting of Preliminary Plat and Final Development Plan Approval which includes rezoning of this property. With regard to site layout, building styles, proposed materiab, and color palettes, pedestrian circulation, accessibility, and connectivity, recreation amenities both public and private, and overall landscape plan the Planning Commission would recommend approval. In addition, the Planning Commission recommends the City Council pursue site lighting, Kelley Parkway lighting and streetscape, housing aHordability, and development covenants, and grants approval of the phasing concept, and approval for preliminaiy plat and final platting for Phase 1, subject to the final traffic report and affordable issues being resolved, and the applicants work with staff to resolve outstanding engineering and other related issues either noted in this memo or which may come to light in the future. Rahn stated that the Planning Commission has awaited the traffic study since day 1. Chair Smith stated that the Commission would prefer resolution of the affordable housing issue, traffic study, and consultants plan all take place before City Council makes its final decision. VOTE: Ayes 7, Nays 0. (#15) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF SEPTEMBER 23,2002 AND OCTOBER 14,2002 September 23, Mabusth stated that the Welsh application was discussed and approved for a 44’ setback. She reported that the Tidwell Tree on Concordia, the preservation of which was tied to the approval of a variance there, had died. Which confirmed Attorney Barrett’s assertion, in her mind, that you should not put contingencies in resolutions based on unique situations, such as tying the variance to the preservation of a tree, or view it as a valid hardship. Berg disagreed, stating that one never knows when a large tree will die and it is worth the effort to conserve these natural beauties. October 14, Berg noted that there was discussion about driveway access. She reported that the proposed office/condo for Navarre was reviewed and then tabled after the Council decided they would need to examine the overall Navarre area before going forward with this proposal. Gaffron added that beyond the Fox Street driveway discussion, the CPUD was also discussed. Page 29 .. w.. . __________ EXECUTIVE SUMMARY //-22 The following provides a summary of the major conclusions and recommendations that have been developed as a result of the sub area transportation study. The study area is generally bounded on the north by County Road 6 (6 “* Avenue North), on the south by rail uackage, on the east by Willow Drive and on the west by Old Crystal Bay Road. The area to the east does consider some of the property east of Willow Drive while the west boundary does include prope-^ty in the southwest quadrant of the Highway 12/Old Crystal Bay Road intersection. The study specifically addresses the following: Analysis of Six Intersections Analysis of Old Crystal Bay Road from Highway 12 to CSAH 6 (6*** Avenue North) and Kelley Parkway from Old Crystal Bay Road to east of Willow Road. Access analysis for property in the southwest comer of Highway 12 and Old Crystal Bay Road. Site Plan review of Stonebay development. Additionally, the sub area was reviewed with regard to the need for new roadways when/if development/redevelopment opportunities occurred. The key findings and conclusions of the study analyses are listed below. Intersections Due to the projected construction of the new Highway 12 corridor, Wayzata Boulevard (existing Highway 12) volumes will deciease. To improve intersection operations and safety, exclusive right turn lanes are recommended to be constructed on both legs of Willow Drive and OU Crystal Bay Road at the signalized intersections with Wayzata Boulevard. The existing traffic control consisting of stop control on Old Crystal Bay Road at CSAH 6 will continue to be adequate into the year 2015. Safety and operations at that intersection could be improved by the addition of a westbound left turn lane and an eastbound right turn lane on CSAH 6. The Old Crystal Bay Road leg should be widened to provide exclusive left and right turn lanes. The existing volumes at CSAH 6 and Willow Drive presently satisfy peak hour and four hour traffic signal warrants. Request should be made to Hennepin County, to conduct a full warrants analysis and program a signal installation at this intersection. i • The CSAH 6/Willow Road intersection should be improved to provide a minimum of a left turn lane, through lane and right turn lane on all approaches of the intersection. • Kelley Parkway at the intersections with Old Crystal Bay Road and with Willow Drive should consist of two approach lanes and one exit lane. Stop sign control on Kelley Parkway should be adequate for traffic control. Routes • Kelley Parkway should be constructed of a width of 32-feet from face of curb to face of curb. Old Crystal Bay Road, from Wayzata Boulevard to CSAH 6 should, when reconstructed, consist of one through lane in each direction and a center left turn lane. Exclusive right turn lanes should be considered along the route at all public and private driveways. To improve capacity and safety along Old Crystal Bay Road, four driveways could be closed. Stonebay Development Access Access to the Stonebay development should consist of three driveways along future Kelley Parkway. This was discussed at meetings with staff and the developer. Kelley Parkway should be constructed to a width of 32-feet. Parking should not be allowed except at the parking bays shown on the concept site plan. Two approach lanes and one exit lane should be built on Kelley Parkway at Willow Drive. Improvements to Willow Drive would be highly desirable in the vicinity of Kelley Parkway. S-: \ \ Application Deadline: 09/28/02 60 Day Deadline: 11 /26/02 NOV 2 5 2002 Cl I y UI- OHONO REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator DATE: ITEM NO. T Agenda Section: Zoning Item Description:il02-2834 Robert Wiens 1425 Bay Ridge Road Conditional Use Permit Exhibits: A Resolution B St.ifTReport and exhibits of 11/18/02 Pertinent Code Section: Conditional Use Permit Required (Section 10.03, Subdivision 19): A conditional use permit is required for land alteration of greater than SOO cubic yards, llie property is located within a shoreland area. The CUP allows the City to notify surrounding property owners and requires City Council approval for such proposed projects. Application Summary: This application was tabled at the October 21,2002 Planning Commission meeting. The applicant has made changes to the proposal and met with the City Engineer and Public Works Director. The new plan indicates a berm to be constructed on the property that will have the following characteristics: • grade changes are 5' or more from the lot lines. • a 3:1 slope. • the toe of the slope will be at the sewer force main. • will range in height from 4* to 8’ and in width from 20 ’ to 50 ’. Conditional Use Permit Required (Section 10.03, Subdivision 19): A conditional use permit is required for land alteration of greater than 500 cubic yards. The revised plan is estimated to require 1500-2000 yards. The property is located within a shoreland area. The CUP allows the City to notify surrounding property owners and requires City Council approval for such proposed projects. Land Alteration and Transporting tbe fill to tbe Site: 2,000 cubic yards of fill can be measured by the number of truck loads that will be required to transport the material to the site. A typical truck can haul between 10 to 15 yards of fill. That would mean a total of approximately 160+ truck loads would be delivered to the site. The access route to the property will down Brown Road to Bay Ridge Road. Bay Ridge Road is a private road and the number of trucks hauling is a concern. The subject property is at the beginning of Bay Ridge Road. The trucks wilt drive to the site, drop the fill and back out onto North Shore Drive to Brown Road. The trucks will not be driving up and down Bay Ridge Road. EagiDccr/Public Works Comments: The City Engineer and Public Works Director have met with the applicant and reviewed the new plan. Neither have any issues or concerns with the redesign. PLANNING COMMISSION: Planning Commission recommended by a 6 to 0 vote to: Approve application as presented. STAFF RECOMMENDATION: Staff recommends approval with the following conditions: 1. 2. 3. 4. 5. 6. The applicants must obtain a land alteration permit from the city prior to hauling fill to the site. The applicants must obtain a Minnehaha Creek Watershed District erosion control permit prior to commencing the project. Erosion control measures shall be taken by installing a silt fence aro ’ond the construction area as shown on the revised plan upon receiving permit from City and MCWD. A route map shall be provided to the city prior to the start of construction showing which county/city streets are to be used. Direct access to the site shall be from Bay Ridge Road, not from County Road 51. Berm must have vegetation re-established immediately upon finished grading. Applicant will be responsible for immediate public roadway cleanup upon city request should the need arise as a result of the hauling. To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. i A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19, FILE NO. 002-2834 WHEREAS, Robert Wiens and Julie Wiens (hereinafter "the applicants") arc the owners of the property located at 1425 Bay Ridge Road within the City of Orono (hereinafter "the City") and legally described as follows: Tracts A, B, Q and R, Registered Land Survey No. 192, and that part of Tract U, Registered Land Survey No. 192, lying easterly of Hennepin County Road Number 15, and southerly of a line parallel with and 75 feet south of the north line of Tract S of said Registered Land Survey, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit in excess of500 cubic yards of fill to be brought onto subject property for the purpose of constructing a berm along the northern border along North Shore Drive. 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 November 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2834. 2.The property is located in the LR-1A Zoning District, where 2 acres is the minimum required lot area. Page 1 of 6 3. 5. 6. The Orono Planning Commission reviewed this application on November 18,2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. Approximately 2,000 cubic yards of fill will be brought from off site. B. Grade changes are 5' or more from the lot lines. C, The toe of the slope will be at the sewer force main and will have no impact on that main. D. The berm will be of a 3:1 slope. E. The berm will iinge in height from 4’ to 8’ and in v.idth from 20 ’ to 50 ’ F. The berm will have no negative neighborhood impacts. The City Council finds that granting a conditional us per.nit will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pos« a fire hazard or other danger to nei<*hboring properties, nor will its use depreciate surrounding property values and tnat the proposed level of use of ’ 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 tlie Planning Commission, reports by City Staff, comments by the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit Page 2 of 6 in excess of 500 cubic yards of fill to be brought onto subject property for the purpose of constructing a berm along the northern border along North shore Drive. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Conunission and City Council review. 2. The applications must obtain a land alteration permit from the city prior to hauling fill to the site. 3. The applicant must obtain a Minnehaha Creek District Watershed District erosion control permit prior to commencing the project. 4. Silt fence shall be in place prior to fill or grading activities. Applicants and their contractors shall follow the "Best Management Pn' lices for Protection of Water Quality in Urban Areas." 5. A route map shall be provided to the city prior to the start of construction showing which county/city streets are to be used. 6. Berm shall have vegetation re-established immediately upon finished grading. 7. Applicant shall be responsible for any necessary public road cleanup immediately upon City request should the need arise due to hauling activity. 8. Authorities granted by this resolution 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 ' e date of Council approval or the special conditions of this resolution will expire on tl>. t date (November 25,2003). 9. 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 teiminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicants have read, understood and hereby agree to the terms of Page 3 of 6 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 Orono City Council on this 25th day of November, 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 25th day of November, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instalment 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 November, 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 1 Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN On this before me. day of ,2002,.personally appeared who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of .a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public S l ATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,2002, before me. who is personally known to me whose identity I proved on the ba.sis of whose identity I proved on the oath/alTirmation of personally appeared __________, a credible witness and \\ ho executed the foregoing instrument, and acknowledged that he/she/they executed t' ** .one as his/her/their free act and deed. Notary Public Page 5 of 6 Exhibit A 4, 3 ■^4 A i )rt -m*4 ss Page 6 of 6 A. TO:Chair Hawn and Orono Planning Conrmission Members Ron Moorse, City Administrator FROM: DATE: Wendy Bottenberg, Zoning Administrator/Planner November IS, 2002 SUBJECT: #02-2834 Robert Wiens 1425 Bay Ridge Road Conditional Use Permit - Public Hearing Zoning District: LR-1A One Family Lakeshore Residential District (2 acre) List of Exhibits: A B C Survey Staff report and Exhibits of October 21,2002 PC meeting Minutes of October 21,2002 PC meeting Application Summary: This application was tabled at the October 2!, 2002 Planning Commission meeting. The applicant has made changes to the proposal and met with the City Engineer and Public Works Director. The new plan indicates a berm to be constructed on the property that will have the following characieristici: grade (.hanges are 5’ or more from the lot lines, a 3:1 slop';. the toe of the slope will be at the sewer force main. will range in height from 4’ to 8' and in width from 20’ to 50* Conditional Permit Required (Section 10.03, Subdivision 19): A conditional use permit is required for land alteration of greater than 500 cubic yards. The revised nian is estimated to require 1500-2000 yards. The property is located within a shoreland area. The > 'UP allows the City to notify surrounding property owners and requires City Council approval for such proposed projects. Land Alteration and Transporting the fill to the Site: 2,000 cubic yards of fill can be measured by the number of truck loads that will be required to transport the material to the site. A typical truck can haul between 10 to 15 yards of fill. That would mean a total of approximately 160+ truck loads would be delivered to the site. The access route to the property will be down Brown Road to Bay Ridge Road. Bay Ridge Road is a private road and the number of trucks hauling is a concern. The subject p.'-operty is at the beginning of Bay Ridge #02-2834 Rob Wiens 1425 Bay Ridge Road October 11,2002 Page I of2 Road. The trucks will drive to the site, drop the fill and back out onto North Shore Drive to Bro\Mi Road. The trucks will not be driving up and down Bay Ridg^ Road. Enginccr/Public Works Comments: The City Engineer and Pub'*c Works Director have met with the applicant and reviewed the new plan. Neither have any issues or concerns with the redesign. Neighborhood Concerns: At the October PC meeting a number of neighbors expressed concern about the berm and its impacts on the neighborhood. It should be noted that; the only neighboring property whose lake views are protected is the residence to the south, which will not be impacted. in the 2-acre and 5-acre zones, allowing the berm to remain unmowed would not be violation unless it generates complaints that result in City determining it is a public nuisance.... applicant intends to maintain the buffer of trees along the north boundary of the site. Neighborhood drainage pattern will not be negatively impact by the berm. Staff Recommendation: Staff recommends approval with the following conditions; 1. 2. 3. 4. 5. The applicants must obtain a land alteration permit from the cit>' prior to hauling fill to the site. The applicants must contact Minnehaha Creek Watershed District for an erosio" control permit. Erosion control measures shall be taken by installing a silt fence around the construction area as shown on the revised plan upon receiving permit from City and MCWD. A route map shall be provided to the city prior to the start of construction showing which counfy/city streets are to be used. Berm must have vegetation re-established immediately upon finished grading. «02-2834 Rob Wiens 1425 Say Ridge Road November 15,2002 Page 2 of 2 1 J ili I <1* HENN.COUNTY ROAD — -.......Afi/Jt. . . ____________ijlMS., §r^mM Sift £jf9 NO. 51 ■Vr/ //; 4" ’.♦♦♦* ••SiJrn^*.>aM>.i ^ -yi;zri .\^'~'i “W"-y' /■ .^A - ? S:»xt' / .i^aK A?®>. • •? ' ff <9H7 ^ .UW/r/n/ s .r>/ir —. /•»Vl» ^ • . •r \ \ / / 3£M ' ^ ..............L.../,__-«.^— ------^s/./a W-* LEGAL PgSCRIPTION TRACTS A. B. Q and R. REGISTERED LAND SURVEY NUMBER 1S2. Hannipin toufdy. MinnttotA. alto dial part or TRACT U. REGISTERED LAND SURVEY NUMBER 1B2. lying t%tlarty oT Ktnntpin , County Road Ni^nbar IS. and toulhtrty oT a int panOtl ^ and 7S 00 ftat soup) of itM north lina of TRACT 8 or said Rts^tltrtd Land Survay. 4k-">4!^? C-' Su^acl to dfivaway aatamanl ovar TRACT R par DocumanI Numbar SB926B. Suhjtct lo gat main aastmtnt par Documant Numbar 0B3O14. • • ^ec4^' r»4tcr ^ nmcrM < rmtcr €/• r9T4A • ddaM^##i>>a'/y'50'^<eavjU#4^- 0m€mAm»o/>^A0crm ^/^jArnrm^cic **o Ofhotas Iron aomaKnl* aooo.oo Oanotct aaitUng alavatlon ^-\^xPtnaraa rritTinf Canfioti/* * Pa«^laa Rnapaiad CmHoe ,4 i • .:u t • Da^'a^ej J>r • ’ • ■ . ■ * ainoj^a Ratla^^ 1 * ei^iw: It-l-ot Ervisco* ||.4>«oS Ptvt5f£7 lo-PS-^2 l"r(/>'±\ • KMAM-CAtRfCt lASDUMVEnn. tsc. 1 n«»tav m*>N iM •« • ir«ft »ia Mr*tn •« • •« »tma»f aMa»»a »Ma»«atii»»i4c<>— 4 tAf. iunaii. «na di »iiON tmfmthmmtt, d h^m a* aa i»a 44f Na, ///•?.? a # t M»rg Aiw P^’F^AKED FOR a \ £ b TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: ^ Wendy Bottenberg, 2!oning Administrator/Planner DATE: * October 7,2002 SUBJECT:^02-2834 Robert Wiens 1425 Bay Ridge Road Conditional Use Permit - Public Hearing Zoning District: LR-1A One Family Lakeshore Residential District (2 acre) List of Exhibits: A B C D E F G Application Survey Engineer Comments Sewer Map Photo of Property Plat Map Property Owners Notification List Conditional Use Permit Required (Section 10.03, Subdivision 19): A conditional use permit is required for land alteration of greater than 500 cubic yards. The property is located within a shoreland area. The CUP allows the City to notify surrounding property owners and requires City Council approval for such proposed projects. Application Summary: The property owner has requested a conditional use permit to permit Itmd alteration on the property over 500 cubic yards. The project will be to build a berm along the northern border of the property along North Shore Drive. It will be located behind an existing row of large evergreen trees. The berm will aid additionally to seven traffic noise from North Shore Drive. In September 2002, the Building Official issued a land alteration permit allowing 500 cubic yards to be brought onto the subject property. Approximately 1,500-2,000 cubic yards of additional fill will be required to build the berm. The applicants are obtaining the fill from projects in Long Lake. The berm is proposed to be approximately 8 feet at the highest point and will curve as indicated on the siir\ey (Exhibit B). The applicant has indicated that the berm will be hydro seeded with prairie grass and 30-40 evergreens will be planted on it. There currently is a row of smaller evergreens w here the berm is proposed to be located. These trees will be moved and upon completion of the berm will be planted on it. The berm and plantings will have no impact on traffic sight-lines and would appear to have no negative impacts on site drainage. #02-2834 1425 Bay Ridge Road October 11,2002 Page I of2 Land AltcratioB and Transporting the fill to the Site: 2,000 cubic yards of fill can be measured by the number of truck loads that will be required to transport the material to the site. A typical truck can haul between 10 to IS yards of All. Thatwould mean a total of approximately 160+ truck loads would be delivered to the site. The access route to the property will be down Brown Road to Bay Ridge Road. Bay Ridge Road is a private road and the number of trucks hauling is a concern. The subject property is at the beginning of Bay Ridge Road. The trucks will drive to the site, drop the fill and back out onto North Shore Drive to Brown Road. The trucks will not be driving up and down Bay Ridge Road. The applicant has indicated the neighborhood has a meeting at the end of the month and one of the discussion items is the repaving of Bay Ridge Road. He would like the fill to be on the property prior to repaving the road. Engineer Comments: The City Engineer has reviewed the plans. Tlie comments are attached as Exhibit C. • Sanitary sewer. The subject property is two lots combined, lliey have been combined as one tax parcel since 1995. Tlie parcel on which the berm is proposed to be located has been vacant. The sewer line nms along the lakeside of the residence. There is a sewer stub for the vacant properly but nothing is connected to it. See Exhibit D. Since the easterly leg of the berm appears to be near the cleanout, special attention will be needed in that area. Staff Recommendation: Staff recommends approval with the following conditions: 1. 2. 3. 4. The applicants must obtain a land alteration permit from the city prior to hauling fill to the site. The applicants must contact Minnehaha Creek Watershed District for an erosion control permit. Erosion control measures shall be taken by installing a silt fence around the construction area upon receiving permit from City and MCWD. A route map shall be provided to the city prior to the start of construction showing which county/city stieets are to be used. «02-2834 1425 Bay Ridge Road October 11,2002 Page 2 of2 mm 9 k HENN COUNTY ROAD NO. 51 ' f / __________ ___________< __________/9 6/ iB_____i?49B *9^/7 j g/Vi;/wM^t/5 Ed^e / t Jgl I Tv ^ * ■ ■■ ■ '■ —#------— 7 ^ J^' ^ ^ V y. ^ /■'[ / / \«? ■r^es /C) .rf ^ A. C) vV «>6/' V-4 s ^/re^ .V « '§ o.t • il99i» 24‘rTK»#!‘. ^ .rp/r/rca TLtl______________ ✓ p-i i 'K'' \\ •: \- 1: ' 'I:' I *• I ■; l /=;■ .7 \liv:,»i V itv /C > » / "I-r I •*•75 'i;y — ‘/v \ 055 2 ks i ^ffl-.:; f r' < ^ \ ^ V ^ \ i '>/ / Va:\ rS ' \ /C7 ^ «•:LSf JA «5 9 -----------•7»"m4P‘^ ■£.•! r»5l 'I ^___/aO.^^ --------93//O <95? 7 i * ^52 ?. I I %/' ^-------------------- 4 / / V,! /i / .../ /i '<.> / ./>c- m d R REGISTERED LAND SURVEY NUMBER 192, Hennepin County, Minnesota, ^CT U, REGISTERED LAND SURVEY NUMBER 192, lying easterly of Hennepin •r IS.'and southerly of a line parallel with and 75.00 feet south of the north line I Registered Land Survey. easement over TRACT R per Document Number 569266. I aasamant per Oocumerd Number 883614. f / 9 / /k i Oot- 09 2002 llsOanH B0ME8TR00 ROSENE RflDERLIK 6516361311 P* i c. if i Bc/iestroo ^^Rosene Andenik& Associates Engineers A Architects Ana Atiocimf. me, urn Aftkm&uw9 impfpfm October 9,2002 FrIoifMtoi Ono a tongseroe^ ml. • M«rein L Utrtmrn, k§. • U erw It Coot. «. • IM«r| a ScfAailchc P!C • itff r K aourdiMi. ax SeivlMT CoriMiwaais: iootrt W, iosent. f.l • JQMpfi C AndtriX ai. t fOcnanf L Knm. at e Ui^vt in ibgret CRA. ‘ AtfaciAta PrinciMtt: f^tth A. Oorasa at • Hootf11 aftrrene. at • aicnani W. aottar. am e oavia O loiiuia. at • Mgrfe A Hiatfon. af • McIimI T. «au|ri«vi at e M t aitid at • ««»•«• a Andgrtoit at • Mark t Soif a ft • OAeM A, tAngerroo. MtA • SIM|f a laiVlgmioa ft. LS . Aflngs M. Artg. MtA. • AKfn ticR ScfVrtdL at • 7?«mAi watctffoaax* imi t MMit at • Miti ■ jmcr\ at • t ahiii^ Grsvti m. at • CMtiJLtdBifton.ate limstf Msrtingj. at e Thomai A Syffeo. at • ihgldon J Jofimon • Mg a Grovg. at • Thiwnn A IgiBhM It • ItoWrt A Ornery, at 1 Ollligst St a«A 5c. Clowd. iocfv^stcr gnd liHItmgr. MN • MiiwaAgg. Wl • Chicggo, fi ll%e«Hgi wwse fcong itmoxom Wendy Bextenberg S^ning Administretor/Planner City of Orono Post Office Box 66 Crystal Bay, MN SS323 Wiens Land Alteration File No. 139-02-000 i '.at No. 02-2834 Dear Wendy: We have reviewed the plans for the proposed land alteration on the Wiens property. The site is located at 1423 Bay Ridge Road. The applicant is proposing to construct a berm along the C. R. 51 frontage. We have the following comments with regards to engineering matters: The existing sanitary sewer located between the home and C.R. 15 shjuld be located and shown on the plans. The proposed wotic should not place any fill over existing manholes and the site should be graded to direct water away from all sanitary sewer manholes. Manholes should be fenced to protect against damage from construction activity. The berm should be restored with seed and fiber blanket within five days after final grading. Heas-y-duty silt fence should be installed between the berm and the C.R. 15 and C.R. 31 frontages. The silt fence should remain in place until vegetation is established. Slopes on the berm should not exceed 3:1. If you have any questions please cell me ai (65 1) 604-486.3. Yours very truly, BONESTROO, ROSENE, ANDERUK & ASSOCIATES. INC. Tom Kellogg Cc: Greg Oappa. City of Orono 2335 West Highway 3* • St. Paul, MN 55113 • iSI-63*-4«00 • Fax: A5l-*3«-l3tf -------- ^<1 i v»-:4.tT'«fu»•■vivfrjr - r-'" >» A S v^ mmmm Wi1^ ^wm•*» V rt'Y^ feSi'l Em mi HI «^' «I ?S5? 11*< «.. -1. • —'*•' mm rara^^- • "^ •. '-'•:'* • - .v. ^ V* - I ^ -V ^,\t.. ’I ■ I / XSKSf Hennepin County Taxpayer Services Depart|o|ht •4 *'• 10 - Kt.m.9sy Parcel Information 0 L.i\> -C\<f P«rc«l ID 1011723340017 Noum Number 1428 Str»«t Nam« BAY RIDOE RD This Is nota hgatty ncofded map. It laprasants a compilation of MonnaPon and data horn CHy, County, and Stala road autitoritias and olharaeurcas. m im mm BATE $9/u/$i BATCN SA2 TAXfAVEB NAHi/ABBt OMNEt NAHE TAXTATEE NAHE/ABBR TAXFAVEi MAHE/ADM • ' - ■ '-.t? nammn county PMfEiiTY infomaticm systen morCETY OUNCES LIST 80 I8-I17-ES so 0M8 •iOTI BAY E1B0E EB T E i N N NCCUNC TNQNAS E NCCUNE 1078 EAY EIBBC EO UAY2ATA NN S8SY1 SO If-117-88 SO itOA OlOOS BAY EXBBC EB SUSAN N ECEBEE • JOHN C NOLN SUSAN N ECEBEE A JOHN C NOLN 1008 BAY ElBOC EB UAYZATA HN SSSYl 80 18-117-28 80 8811 88880 ABBEESS UNASSZONEO EOY E ANEEN NENNEPIN COUNTY ElONT 07 NAY 1088 7EA1EXE BEXVE NEBINA HN 88808 80 18-117-28 SO 8812 888U AOBEESS UNASSXONEO CITY 07 CITY 07 7 0 BOX 00 CEYSTAL BAY NN 58828 80 18-117-28 80 8817 81028 BAY EZBOC EB E NXCNO A J A NimS EOBCET NXCNS 1028 BAY EIBOC EB NAY2ATA NN 85881 TOTAL BATCH 582 88825 .r - EfTOET NO. 7Z0S8081 7A0C 5 80 18-117-23 SO 8818 88880 AOBEESS UNASSK VXL 07 CITY 07 70 BOX 00 CEYSTAL BAY NN 88828 SO 18-117-28 80 8818 88880 AODEESS UNASSZONEO EOY E AHEEN EOY AHEEN 1128 7E0NT ST HUDSON NZ 50810 \ H % y.. Z CEETZ7Y THAT THE FACTS EE7EESENTEB ABE AN ACCUEATE ANB TEUE EE7EESENTATI0N 07 ZN70ENATI0N AS ZT A77EAES THIS BATE ON THE EC( 07 THE HCNNC7IN COUNTY BC7AETNENT 07 7E07CETY TAXATION# TO 07 NY KNONLEOOC ANB BELIEF. f-f-z ■ //■■ /O BATE rXAKS THIS DATE ON THE EECOinn R07CETY TAXATION# TO im mT f f =i!;O/S T V •» ; .kMu ''1 %. iUN DATE iT/D6/A2 iATCH its NENNEfXN COUNTY PtOfEDTY XNrOONATXON SVSTCN fEOPERTY OWNERS LIST PROP ADOR OWNER NANE TAXPAYER NANE/AODi SD 10-117-2S II •••2 •••SR ADDRESS UNASSZGNED NaEOD CNTY RED RAIL AUTN DAKOTA RAIL INC 25 ADANS ST N IRITCNINSON NN 55S5S SR 1S-117-2S SI •••! •2A1R SHORELINE DR NICNELLE NARIE HUDSQN-NZLLER NICNELLE NARIE NUDSQN-WINER 2R10 SHORELINE DR WAYZATA HN 55Sn PROP ADOR OWNER NANE TAXPAYER NANE/AOOR SR 1R-117-2S SI •••S •2RA0 NORTH SHORE DR L 0 OOOPREY i N J RODFREY LYLE R • NORNA J RODFREY 2RRR NORTH SHORE DR WAYZATA m 5SS91 SR 10-117-2S SI •••• •2RR0 NORTH SHORE DR CAROL A LA QUEY CAROL A LA RUEY 2RRR NORTH SHORE DR WAYZATA NN 5SS9I PROP ADDR OWNER NANE TAXPAYER NANE/AOOR SR IR-II7-2S SI •••• •ISRO RAILROAD AVE SHARON V EVANS SHARON V EVANS ISRO RAILROAD AVE WAYZATA NN 55S9I SR IR-II7-2S SI •••7 •ISAS RAILROAD AVE NICHAEL J LASHER NICHAEL J LASHER ISAO RAILROAD AVE CRYSTAL DAY NN 55S2S PROP ADOR OWNER NANE TAXPAYER NANE/ADOR SR IR-II7-2S SI ••2A •••SR ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO . P 0 DOX AA CRYSTAL DAY NN 55S2S SR IA-II7-2S SI •IS75 DROWN RD CRAIG D SARNER CRAIG D SARNER IS75 DROWN RD S WAYZATA NN 55SH ••AR S PROP ADOR OWNER NANE TAXPAYER NANE/ADOR SR IR-II7-2S SI •IS95 DROWN RD P F t L KALEY PHILIP RALEY IS95 DROWN RD S WAYZATA NN 55S91 ••5A S SR I0-I17-2S SI RASA •2IAA NORTH SHORE DR P C R C D KRANER PETER C R CHERIE D KRANER 2140 NORTH SHORE DR WAYZATA HN 55S9I PROP ADOR OWNER NANE TAXPAYER NANE/ADOR SR I0-II7-2S SS •••2 •22A5 NORTH SHORE OR KINGSLEY N NURPNY JR KINGSLEY N NURPNY JR 22A5 NORTH SNORE OR WAYZATA HN 55S9I SR I0-II7-2S 54 •••S •1449 DAY RIDGE RD JUDITH K NCATNIE JUDITH K NCATNIE DANIEL J NCATNIE 1449 DAY RIDGE RD WAYZATA NN 55S9I II r fi'fi' .v-v «I •.« . i i V • J O RCrORT NO. PMSMOl PAOf 4 SO lt-117-2S 31 Mtz tZMt NORTH SNORE OR K S L ERICKSON KEITH R ERICKSON 2MR NORTH SHORE OR HAVZATA NN SSSH 38 18-117-23 51 •••5 •139t RAILROAO AVE GROETNE-HILL INVESTNENTS UP OROETHE’HILL INVESTNENTS UP 1010 LASALLE AVE HPLS NN 5S40S 30 10-117-23 31 0000 020SS SPATES AVE NARIETTA H ANDERSON ET AL NARIETTA N ANDERSON 20SS SPATES AVE NAVZATA HN 55391 30 10-117-23 31 0049 01300 ARROR ST T W I K S SMITH TOOO M B KRISTEN S SMITH 1300 ARBOR ST HAVZATA NN 55391 ) ^ 30 10-117-23 31 0101 01335 BROMN RO S CITY OP CITY PP BOX 00 CRYSTAL BAY HN 55323 . ! 30 10-117-23 34 0004 01401 BAY RIOOE RO 0 H PLICX 0 K L PLICX DAVID 0 KARI PLICX 1401 BAY RIDBE RD HAVZATA NN 55391 .'Tl • >v 'll:3 ) !! i! il MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. VARIANCES Hawn moved, Mabnsth seconded, to recommend approval of Application #02*2835, Thomas Adams, 500 Orchard Park Road, approving the renewal oLvOmnces that would permit relocation of the existing house to the center of the jM^erty and to permit an existing accessory building to be closer to the front nr^rty line than the principai residence, subject to the conditions as approve^/1^ the original Orono City Councii resolution of2001. VOTE: Ayes 7, Nays 0. (#5). #02-2836 CHARLES VARIANCE JENNIFER PHELPS, 385 TURNHAM ROAD, Hawn mov^dt^abusth seconded, to recommend approvai of Application #02-2836, Charteaimd Jennifer Phelps, 385 Turnham Road, approving a front yard setback variance instruct an 11*X 9* mudroom on the residence. VOTE: Ayes 7, Nays 0. (#3) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD, CONDITIONAL USE PERMIT 6:35 - 7:20 P.M. Robert Wiens, the Applicant, was present. As the item was removed fix>m the consent agenda. Chair Smith asked for public comment. Norma Godfrey, 2060 North Shore Drive, questioned the appearance of the proposed berm and what a 3:1 slope would look like. She was concerned about the preservation of a large row of pine trees which screens her property from the applicants and wondered if the berm would be maintained on all sides. Lorraine Kavey, 1395 Brown Road South, indicated that she had many of the same questions as the first neighbor. Page 2 of 42 mtM a if MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. * Weinberger explained that the property owner had requested a conditional use permit to permit land alteration on the property over 500 cubic yards. The project would be to build a berm, behind the existing row of evergreen trees, along the northern border of the property parallel to North Shore Drive. The intent of the berm would be to screen traffic noise from North Shore Drive. Weinberger noted that the proposed berm would be approximately 8 ’ at the highest point and curve around as shown on the survey. The existing row of smaller evergreens would be removed and replanted on the berm. He pointed out that the berm and plantin gs would have no impact on traffic sight-lines and would appear to have no negative impacts on site drainage. Weinberger stated that according to the City Engineer, since the property was two lots combined in 1995 and the portion of the lot where the proposed berm would fall was vacant, there is merely a sewer stub on the property with nothing connected to it. Weinberger added that the design was done by an engineer and reviewed by the City Engineer who had no negative comments or concerns. He stated that the widest width of the berm at 8 ’ tall could be potentially 48 ’ and still would not impact the stand of tall evergreen trees it would be located behind. Chair Smith reminded the applicant and Conunission that the slope must not exceed a 3:1. Mabusth added that the manhole must be located and marked. Gaffron indicated that the contours of the design were misleading, and based upon his calculations the plan reflected a mere V scale versus the normal 2 ’. He questioned whether the design reflected a 4 ’ or 8 ’ high berm at its peak. Wiens stated that he believed the design reflected a 6 ’ or 8 ’ high peak, however, indicated his willingness to redesign the plan in order to address neighbors concerns. Chair Smith felt it was necessary to determine the true height of the berm with and/or without trees. Page 3 of 42 i: MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. With 6-8’ High beim and peaks in t!.o middle and on the ends, Wiens stated that it was his desire to cut down on the amount of traffic noise he was exposed to. Weinberger agreed with Gaffion that the plan provided to the City looks to be indicative of merely 4 ’ high berm peaks. Wiens stated that the plans were incorrect if they reflect a 4 ’ berm. Bremer stated that the applicant’s summary refers to an 8’ high berm. Weinberger noted that, if the scale is 1 ’, the berm would be far wider than 20’. In order to maintain a 3:1 slope, Gaffron pointed out that the base would need to be twice as wide. Rahn felt the Commission would need to be supplied with a new drawing. Wiens questioned whether he could proceed with this drawing. Norma Godfrey maintained that the highest center point of the berm would fall directly across the street from her residence and she was concerned about having to view a big pile of dirt, as in other locations in the neighborhood. Wiens stated that it was his desire to construct a berm and he was willing to work with the neighbors to do so. Chair Smith pointed out that the applicant had agreed to accept the 4 ’ high berm in order to move the application forward, and she questioned whether this lower berm would satisfy the neighbors. Page 4 of 42 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. Mrs. Erickson, located across the street on Highway 51, cautioned the applicant that a mere 4’ high berm would do little to eliminate the noise issue. She stated that in order to adjust the noise level, the applicant would need to construct a much higher berm, hopefully not at the expense of the large row of evergreens on the property. Wiens stated that the row of ever^eens do provide a fair amount of blockage. Lyle Godfrey, 2060 North Shore Drive, indicated that his questions pertained to the height of the berm and how the evergreen treeline would be protected. He encouraged the applicant to Bay Ridge Road for the truck traffic. use Wiens stated that he wished to eliminate the light reflecting off the road and enhance the look of his property in the process. Lyle Godfrey stated that, as long as the berm were maintained, he had no problem with the application. Chair Smith encouraged the applicant to give careful consideration to whether he believed a 4 berm would help with the sound problem. She asked for stafTs opinion. Gafiron indicated that a 4-5’ high berm would not have a huge impact on the noise level and suggested Mr. Wiens consider additional evergreens. GafFron stated that a denser row of pi trees would do more to lessen the impact of noise than a berm. me Mrs. Kavey, 1395 Brown Road South, questioned what the applicant would plant on the berm, since her views would be impacted. She indicated that the proposed curve of the berm near Bay Bridge Road would block her views of the lake. Wiens stated that no matter what he proposed in order to improve his current street views, it would impact Mrs. Kavey’s views. Wiens maintained that he has gone to great lengths to MafliMii MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. -____—_______.________________ ^ improve his property since moving in and would strive to beautify the project' pimting evergreens^top the berm, surrounded by prairie grass and wildflowers under the trees. Rahn questioned whether the applicant could truly accept a 4’ high berm, when what he was expecting was an 8* high berm. Wiens expressed his desire to move the project forward. Mrs. Kavey reiterated that the row of pines along the top of the berm would impact her views. Wiens stated that he must do something and again, would be willing to work towards a compromise with the neighbors. Mabusth empathized, stating that she could see his goal was to improve his screen both visually and for noise control. Wiens stated that the existing trees would block 70-80% of Mrs. Kavey’s views of the proposed berm. Hawn stated that she was unclear what the issue with the neighbors was, since the trees would block most of the berm and the applicant has expressed his willingness to work with them. Wiens stated that there are a number of things he could propose, including building structure rather than berm, however he has chosen to construct and beautify his property with the berm and plantings. Wiens stated that he had no idea he would be faced with opposition from his neighbors when he proposed this application and was willing to try to work with them, but reminded them he could still go through the proper channels to construct something much more obtrusive than he has here. Hawn reiterated that Mr. Wiens has the right to do what he can to improve his property. She Page 6 of 42 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o*clock p.m. indicated that she was struggling to see how this could be a problem to the neighbors wfen it would be mostly blocked anyway. Chair Smith complimented the applicant on his willingness to cooperate with the neighbors and stated that, in reality, he could even remove the large row of pine trees on his property if he chose to. She indicated that instead he is proposing to improve his property. Rahn stated that, short of the berm issue, the applicant could plant rows of trees along and around the curve without the City’s permission. Godfrey questioned whether he could continue to come back to the City to request additional fill. GafBron stated that the City code does not talk about a maximum per year, but a limit, which could be even further defined in the motion. Wiens stated that he wished to do the project right and invited everyone to come take a look at his work. Chair Smith suggested the applicant consider either tabling his application in order to work with the neighbors, or moving it forward as the application exists currently. Wiens stated that he preferred to move forward sooner than later and asked for further discussion. Mabusth asked how many cubic yards of fill the Commission was being asked to approve at this time. Wiens stated tfiat application is for lSOO-2000 cubic yards of fill. Gaffron pointed out that 700 cubic yards of fill would provide a 4 ’ high berm. Page 7 of 42 If MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 21,2002 6:30 o'clock p.ni. Hawn suggested they design a motion that defines the fill as the amount required to obtain a 4' High berm'find not identify a certain number. While he had hoped to proceed, Wiens stated that he had also hoped for a higher berm along County Road 15 than the 4 ’ in this proposal. He indicated that he would go back to his engineer in order for him to redesign the plan. Wiens felt he could stay within the 500 cubic yard allowance and still construct an 8’ berm along County Road 15 and then return next month with a different proposal for the rest of the landscaping. He asked the Commission to table his application. Hawn moved. Chair Smith seconded, to table Application #02-2834, Robert and Julie Wiens, 1425 Bay Ridge Road, tabling the applicants request for a Conditional Use Permit for the purpose of redesigning the proposal. VOTE: Ayes 7, Nays 0. »LD BUSINESS (#6) #02^3 RONALD CLOUD, 3460 NORTH SHORE DRIVE, VARIANCES 7:21 - 8:07 P.M. Ronald Cloud, the Applicant^v^ present. Weinberger explained that, effective thaba^moon, the applicant had revised his application to reflect his request to simply replace the previoiiSs^X 10’ deck, with the only addition being that a stairway access be allowed off the deck. Weinberfee^noted that the applicant has withdrawn his request for a three season porch. With just the replacement of the previous deck. Chair Smith noted thahhc applicant still is over his structural limit of 15%. She asked if the stairway would run off the frontohtide of the deck. Cloud noted that the stairway would need to head towards the lake in order to avoid aiiy^ide Page 8 of 42 i i 1 ....I—riMQ Complete Date: Deadline: 9/30/02 1/28/03 NOV 2 5 2002 Cl nr ur uh Onq REQUEST FOR COUNCIL ACTION Department Approval: Naine: Wendy Bottenberg Title: Zoning Administrator DATE: November 21,2002 ITEM NO.: % Agenda Section: Zoning Item DcKriptlon: Exhibits: #02-2839 Boyer Building Corporation 3320 Watertown Road Preliminary Subdivision A B C D E Resolution Site Plan Grading Plan City Engineer Comments (October 9 and November11,2002) Staff Memos of October 11 and October 23,2002 Application: The applicant has applied for a Preliminary Plat for a two-lot subdivision of a 50+ acre site located on Watertown Road. The property is located in the 2 acre zone and will result in two buildable lots. The existing former homestead buildings within proposed Outlet A are to be removed. The 2-lot subdivision is a front^ack 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. Both lots are provided access off Watertown Road via Outlot A. Wetland Variance Required: Outlot A will be commonly owned as an access outlot for the shared driveway. The City’s front lot/back lot standards require a minimum 30’ width for access outlets to accommodate drainage, snow removal and screening without encroaching on neighboring properties. Outlot A is 110’ wide, meeting the 30’ requirement. The surveyed area on the preliminary plat drawing reflects the recent wetland delineation. Each of Lots 1 and 2 and Outlot A contain City-protected wetlands, which are also subject to Wetland Conservation Act (WCA) regulations. There is an existing access driveway within Outlot A that is intended to serve Lots 1 and 2. Air photos indicate this access has crossed through a portion of wetlands on the property for many years. The Fire Code requires a minimum 20’ driveway access, including the portion that crosses the wetland. It is staffs understanding that the driveway has had additional gravel placed on it within the past year. A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A TWO LOT SUBDIVISION OF PROPERTY LOCATED AT 3320 WAERTOWN ROAD PID 32-118-23-41-0001 FILE NO. 02-2839 WHEREAS, Boyer Building Corporation, (hereinafter "the subdivider") on September 30,2002, filed an application with the City of Orono (hereinafter "the City") requesting subdivision of property located at 3320 Watertown Road within the City of Orono and legally described as follows: The Nojlheast Quarter of the Southeast Quarter of Section 32, Township 118 North, Range 23, West of the 5*** Principal Meridian, Also: The West 23 rods (379.5 feet) of the East 43 rods (709.5 feet) of the North 33 rods (544.5 feet) of the Southeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 23; Also: That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 118, Range 23, lying West of the East 43 rods (709.5 feet) and northerly of County Road and Easterly of a line described as follows: Commencing at a point in the North line of the Southeast Quarter of the Southeast Quarter distant 14 feet East from the Northeast comer of the West 30 rods (495 feet), 1032 feet; thence Southwesterly to a point in the northerly line of County Road No. 45 distant 10.9 feet southeasterly along said Road line from its intersection with the East line of the West 30 rods (495 feet) of the Southeast Quarter of the Southeast Quarter; Also That part of Government Lot 1, lying South of Railroad Right of Way in Section 32, Township 118, Range 23, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on October 21, 2002, at which time ail persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, at their regular meeting held on November 25, 2002 the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: Page 1 of 6 1. 2. 3. 4. 5. 6. 7. 8. FINDINGS 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 buildable lot. The property contains a total of 50+ acres of land. Lots 1 and 2 each meet the minimum size requirements for lots in the RR-1B zoning district. Lot 1 meets the 3-acre minimum area requirement for a back lot per zoning code Section 11.31 Subd. S. Both lots have been found to have adequate and suitable soils and approved sites for on-site septic treatment facilities. Driveway access for Lot 1 and Lot 2 is via Outlot A with an opening from Watertown Road. The driveway access serving Lots 1 and 2 will cross a designated wetland that is protected by City Ordinance and WCA regulations. I1ie City Council finds that the wetland fill to create a driveway is necessary to preserve a property right of the applicant, and that the crossing will have minimal impact on the wetland and floodplain when properly constructed and mitigated. Single family residences can be constructed on Lot 1 and Lot 2 without the need for further variances. The Orono Planning Commission has recommended approval of the proposed plat and wetland variance. 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 Boyer Building Corporation per preliminary plat drawings by Mark Gronberg, Land Surveyor, Coffin & Gronberg, Inc., Land Surveyors dated 9/12/02, revis^ 9-30-2002, subject to the following conditions: 1. oubdivider shall pay the standard Park Dedication Fee for the one new lot and Page 2 of 6 2. 3. 4. 5. 6. 7. 8. Stormwater Trunk Fees per City ordinance for the property. Dedication of the standard drainage, utility and >^'etiand easements. Prior to residential construction on Lot 1 and Lot 2, all preliminary and alternate septic sites must be fenced off prior to any construction activities. The City will grant the necessary variance for the wetland crossing for the driveway to serve Lots 1 and 2, subject to mitigation of wetland fill on site and buffer preservation per MCWD’s permit requirements and approval. Final plat will not be approved by City until MCWD approvals have been submitted to the City. Outlot A is intended merely as a corridor for driveway serving Lots 1 and 2 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. 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’ Lot 1 3 acre minimum Front/Rear Setback - 75 ’ Side Setbacks - 45 ’ Final Plat Submittals: The following list of fiiud submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: Page 3 of 6 1. 2. 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 September 30,2002, on file with the City of Orono. B.Dedication of drainage and utility easements 10' wide along the exterior 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. Letter from MCWD approving permit application to mitigation of wetland fill on site and buffer preservation for the wetland crossing for the driveway to serve Lots I and 2. 3. Legal documents required: a. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents afiected 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. 4. Fees to be paid. a. Final plat fee = $200.00 Page 4 of 6 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 new building site. d. Stormwater and Drainage Trunk Fee: amount determined by City Council on October 28,2002 = $21.600. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of November, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25th day of November, 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 Pages of6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of November, 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 6 of 6 CERTIFICATE OF SURVEY!FOR BOYER BUILDING CORPORATION IN SECTION 32-118-23 fill S 00*37' 30" W 1326. t2 HENNEPIN COUNTY. MINNESOTA •M.M I VI'S. /V, / u. /; i ~7r-^ /}' /•£> j/i U/ ///:a V Pit fr<i ! e ./ii V J \ \ I /r3 \y 1 ( 44444- AOKS&S44- Aocs our M sami ^AUT \4 ✓ *•>k;/ 'X \ y XidiTti ifc or IC I/A *ci S^7a^or « I/AxtcM n / •flT |J€ or « I/A f AVCTOI M/m I/A S 00*37* 30'* W ^ / / I / I o> f\ ^ / \\V S 00*37* 30** W 699.83 t-ca^ V; 7^ \N 00*02' 27" W 1032.0Cn I <CAsr i6€ or «csr jo ftoot l«M rt) or « I/A X I/A XCtCM J2 /N 01*43* 45"> • r?”?<?1 / / ■fIT tf€ 0F1« VA K 1/A ttCrCM n !ri?i.^SnV X 432.20 N 00*02' 27" W 1326.32 LEGAL DCSCWIPTIQM OT pgfMKrc Ouorltr of Stction 32. To«nthip 118 North Ronoo 23 w.i «# ih I tho 5th Principot Moritfion. of tht Southoost Ouorttr *.» T^t p,M .}• coiyr^i,r,o:r. is? dofiottt iron morkor tot O tfonottf ironnorktr found n»»#4ip<wr» 09Pmm m0 mm^ /»•<#. Btofinpt thovn or# boftd upon on ottimd dotim. !• *0***<0fl». ef th« ob««t dttcribad preptri. •nd IM lecolion of throo oaittinf buiidina. Ihtroon. It dooo not puport (o onoo onp othor invro*«ntflto or oncroocImnTo. pupori to sH |»fi4 s' ry.'MINNESOTA •. ' .M . *.; . t .* ■ •• ■ > • > •' ^ •• «• • • /X y / / ■•••« •n •v ' • EAST OF NE- »/♦. SE 1/A. SECTiOM 32 I g »^S>i 00 ^ 2 . • • • •• iz 1. ;• « .5 • •/ S 00^57* 30" W \ 544.50 \ \ ' w -n ■ 7 f '• V V '\ ) ' \ t 164-lACRE! X ll H 3 }. Kl.\ l\ V w;, tV •) j i .;/ I'Ll!. , - ’ i ) ^ ^ • r- - V M. i^/ na «\v \ \'“^- N \ < •* ':y • •*. \ > • •i* -•■-I • • • • s V i*» • V S Q0*37' 30" W / / 699.83 h*.. \ - • V.ii 'easV —y I \ V j\ / • •• < I ( £>m>o »>w^'*v.»rt)» V 7^ I ^ ^t \e AST L#C or* west 30 rods (495 FT) OF SE 1/4. SE 1/4. SECTION 32 ; . • / ••. __y —mk 149.64< N Q1*43'45"/e \ y J/ll Bonestroo j^Rosene vS Anderlik & ^ I Associates iEngIneers & Architects Bfititf—, ••Mfw. Ander Hk one At toclatts. melt mi Afflmiativ* MU^n/iqual Opportunity Employor i>-\ ^mclpolt: Otto G Soncstroo. KL • Morvin L Sorvalo. • Gftnn I. Coolu ft. • Robort & SchuMctil. RX • Jorry A. PourPoa FI Sonlor Contultonu: Robert W. Roient. FJ. • Joseph C Arulertiii. FX • RichM^ t lUrner. FX • Suun M. fberUn. CM. Attbclote Rrlnclpoli: Keith A. Gordoa • Robert R. Ffef ferle. FJ • Richjrd W Foster. FI. • Oevid O. Lostoc j. F£. • Mork A. Henson. FX • MJcheel T. Reutmena Fy. • Ted K. Field. FC. • Retmeth F. Andersoa FC • Mert R. Rolfs. FX • Oovld A. Rortestroo. MPX • Sidney F. WMiemson. FX LS. • Agnes M. Ring, MJ A • Alien Rick Scfmdt. FX • Thomos W Feterson. FC • Jemes R. MelendL FX • Miles B Jensen. FX • i. FhiWp Crevel m. FX • oStiel J. Cdgerton. FX • Ismeel Mertinei. FX • Thornes A Syfko. FX • Sheldon J. Johnson • Dele A Grove. F£ • Thornes A Rousher. FX • Robert J. Devery. FC November 11.2002 Olllcet: St. Foul. St Cloud. Rochester end Willmer. MN • Miiweuiet. W1 • Chicego. IL Hbbilte: www bonestroo com Wendy Bottenberg Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay. MN 5S323 Re: Boyer Building Corporation File No. 139-02-000 Plat No. 02-2839 Deaf Wendy: We have reviewed the proposed grading plan for the Boyer Building Corporation property. The site is located at 3320 Watenown Road. We have the following comments with regards to engineering matters: • The plans include a note specifying that the driveway not exceed 10%. The note is appropriate and acceptable. The typical driveway section should be included on the plan set. • The plans should be submitted to the Minnehaha Creek Watershed District (MCWD) for review and approval. • Please see cur October 9. 2002 comments regarding wetland delineations, drainage and utility easements, and driveway agreements as they still apply. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. A3y>7 r\uA Tom Kellogg Cc. Greg Gappa, City of Orono ? • c.i; 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 ! ^ i Bonestroo g^Rosene mrv Anderlik & ^ I Associates Engineers & Architects October 9,2002 ■ofMitroo. Anderllli and Aiteclates* Inc If an Affirmatlva A€tlon/t^sl Opportuniiy Im^oytr and Effiployat Owned Erincfpali; Otto G Bonestroo. PE. • Marvin L Sorvata. PC. • Glenn E. Cook. PE. • Eobert G S.lHjnicm. PE. • ierry A. Bourdon, PC. Senior Conivllanit: Eobert W. Eosenc. PE. • Joseph C. Anderlik. PC. • Eichard C. Ibrner. PE • Susan M. Cberbn. CPA. Aisoelale Principals: Keith A Cordoa PE • Eobert E. Pfefrerte. PC. • Eichard W. Poster. PC. • David O. Loskota. PE • Mark A Hanson. PE • Michael T. Eautmann. PE • Ted E Pieid. PC. • Kenneth P. Andersoa PE • Mark E Eoifs. PC. • David A Bonestroo. MBA • Sidney P. WlWamson. PE. LS. • Agnes M Eing. MBA* Allan Pick Schmidt. PE. • Thomas W, Petersoa PE • James E. Maiartd. PE • Miles B. Jensen. PC. • L Phillip Gawei in. PC. • Daniel J. Cdgertoa PC. • Ismael Martinet. PE. • Thomas A Syfuo. PE • Sheldon j. Johnson • Dale A Grove. PE. • Thomas A Eousriar. PC • Eobert J. Oevery. PE Offices: St Paul. St Cloud. Eochester and V^iimar. MN • Milwaukee. Wl • Chicago. IL VIDbflie: wwwborwstroocom Wendy Bottenberg Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 • Re: Boyer Building Corporation File No. 139-02-000 Plat No. 02-2839 Dear Wendy: We have reviewed the survey for the Boyer Building Corporation properly. The site is located at 3320 Watertown Road. The applicant is proposing to subdivide the property into two buildable lots. We have the following comments with regards to engineering matters: • The site is comprised of primarily low-lying wetlands. The wetland boundaries adjacent to the buildable portions of Lot 1 and Lot 2 and all of Outlot A should be delineated and the delineated w etland boundaries shown on the survey. Drainage easements should be provided over all wetlands and drainage ways. • Drainage and utility easements .should be provided 5-fcet wide along all lot lines except along the railroad and W'atertown Road frontages where they should be 10-feet wide. • Access to Lots I and 2 w ill be provided from Watertown Road across Outlot A. The existing grades on Outlot A north cf Watertown Road exceed 1 3%. T he driveway that serves Lots 1 and 2 should not exceed a 10% grade. The driveway should be constructed to a minimum width of 20-feet. Driveway construction may impact the existing wetlands and mitigation may be required. Final driveway plans should be submitted to the fire department for review. • A driveway access casement/agreement should be provided over Outlot A to provide access to Lots 1 and 2. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. ■?-<a Tom Kellogg Cc: Greg Gappa. City of Orono 2335 West Highway 36 ■ St. Paul. MN 55tf3 ■ 651-636-4600 • Fax: 65I-636-I3II REQUEST FOR COUNCIL ACTION DATE: October 23.2002 ITEM NO.: \\ Department Approval: Name Paul Weinberger Title Zoning Administrator Admiobtrator Reviewed:Agenda Section: Zoning Item Description: Lbt of Exhibits: #02-2839 Boyer Building Corporation 3320 Watertown Road Preliminary Plat Discussion A B C D John Boyer request to appeal the Storm Water Trunk Fee Mike Gaffron Memo - Relating to the Storm Water and Drainage Trunk Fee Preliminary Plat Drawing October IS, 2002 - Staff Report and Exhibits Council Dbcussion: This item is before the Council for discussion of the Storm Water and Drainage Trunk Fee. The applicant is proposed to divide a SO acre parcel into 2 building sites. The new Storm Water and Drainage Trunk Fee requires lots in the RR-IB (2 acre) district to pay $2,700 per acre totaling SI3S.000 for this lot. The applicant has requested the fee be adjusted based on the fact the fee assumes full development which will not occur in this case. Although the Council is not being requested to approve the Preliminary Plat at this time, any comments relating to the subdivision are welcome. Application Background: The applicant has applied for a Preliminary Plat for a two-lot subdivision of a S0+ acre site located on Watertown Road, and a variance to permit additional width to an existing driveway that provides access through a protected wetland. The property is located in a 2 acre zone and will be divided by creating two building sites (Lots I and 2) and shared driveway (Outlet A). The lot division is a front/back lot split, hence the back lot needs to be 3 acres. The general site plan meets all requirements for a front lot/back lot subdivision. Access to the properties would be through Outlet A. A driveway has existed on the property since, at least 1975, through a large wetland basin. The City Fire Marshal and Long Lake Fire Department are reviewing the individual access for each lot The Fire Marshal and Fire Department are being asked to comment on the driveway length/width and ability to turn emergency vehicles on each lot. It is likely that a circular driveway will be required for each lot. A detailed grading plan and driveway construction plan will require further engineering review. The City Engineer has recommended each driveway be designed to not exceed a 10% grade. (,i (4 ‘ i a • *Planning Commbsion Recommendation: '‘c'' ■ *• U By a vote of 7 to 0 the Planning Commission recommended approval of the site plan and approval of a variance to permit widening of the driveway through the wetland based on the following findings: Wendy Bpttenberg - jetter to dty.dy CouncU Exhibit A 10/2/02 Orono City Council City of Orono 2750 Kelley Pkwy Orono, MN S5356 Subject: storm water assessment at 3320 Water Town Rd. Dear Mayor, City Council and Staff, Boyer Building Corporation b requesting a divbion of one SO-acre parcel of land into two parceb. The two new home sites will consist of one site at approximately 6 acres of land of which S acres are buildable and another site 44 acres in size of which S acres are buildable. It has come to our attention that due to a recent assessment, the lot split will trigger the burden of storm water management fees assessed at S2700. per acre. For this SO acre properQr that will amount to an unreasonable SI35,000. This assessment over the 10 buildable acres comes to $13,500 per buildable acre and S67,S00 per home site! With the 40 acres of surrounding wetlands on this site it is unlikely that thb property will ever need municipal storm water systems. As a developer, I understand the importance of a storm water management system to the community and I agree the conununiQr should burden the cost of such a system. I think it makes sense though, that the cosb need to be relative to the use. Tm hoping that given the high percentage of wetland on this site, these assessmenb can be liiJced to the zon^ densiQr of the site and the number of units proposed. Our property b in a RR>1B zone of one unit for every 2 acres. Would an assessment of 2 unib at 2 acres each be more fair and applicable to this situation? The resulting fee of S5400 per site is at least somewhat manageable and comparable with the costs applied to sites of like zoning but no wetland acreage. Respectfully, John Boyer New home divbion Boyer Building Corporation ccrDavid Truax of Burnet Realty ; i Council ExhibitihU 6 To; From: Date: Mayor and Council Ron Moorse, City Administrator Greg Gappa, Public Services Director Paul Weinberger, Planner Mike Gaffron, Planning Director October 24,2002 Subject: #02-2839 Boyer Building Corporation, 3320 Watertown Road - Appeal cf Storm Water and Drainage Trunk Fee Attachments A - 2002 Fee Schedule B - Boyer Letter of Request In regards to 2^ning Application #02-2839, a proposed subdivision to create two single family building sites, the applicants have requested a reduction of the Storm Water and Drainage Trunk Fee (“SW&DTFee"). The entire parcel is 50 acres, of which 40 acres are unbuildable wetland and only 10 acres are buildable. The property is in the 2-acre zone, and the SW&DT Fee would be calculated under the current fee schedule at $2700 per acre or a total of $135,000, i.e. $67,500 per home site. The SW&DT Fee ordinance established a fee structure based on the entire acreage of the various zones of the City and did not exclude wetlands from the calculation. This fee structure will normally result in a reasonable fee for the typical developing property in Orono that has 15-20% wetlands (as indicated in the Comprehensive Plan, in Orono’s 7,000 acre “2-acre zoning” districts about 1300 acres or 19%, are wetlands). However, for a property that has a high percentage of wetland, the SW&DT Fee can be an enormous burden when considered on a per-lot basis. The justification is weak for collecting such a fee when the actual runoff impact is merely 2 new homes on 80 acres of property. The ordinance established a fee structure on the premise that the costs of a stormwater management system are higher on a per-unit basis at lower densities than at higher densities, similar to the costs of providing sanitary sewer to low density development. This is accounted for in the existing fee structure, as well as in the provisions for a 50% fee reduction for the 5 acre zone when buffer and drainageway easements are established. No such reduction was included for the 2-acre zones, as the long-term viability and maintenance of such buffers would be difficult. Rather than revamping the ordinance to exclude wetlands from the calculation or create buffer incentives for the 2-acre zone, staff suggests that the City establish a per-lot maximum fee for the 2-acre zone. This fee would be based on the projected 2-acre zone overall density of 1691 homes on 6811 acres or 1 home per 4.03 acres at full development, which is shown in Table 3B-2 of the CMP. Under this scenario, the maximum SW&DT Fee of ($2,700 x 4.03 acres - SI0,880) per single family lot would come into play for a rural subdivision that contains an extraordinary percentage of wetland. 4- w Staff Rccommendatkm 1*^* to draft an ordinance amendment to Municipal Code Regulations Establishing a Storm Water and Drainage Trunk Fee” for zones of $10,880 The Boyer application would then be subject to this revised fee structure ' 1 u. r^ f «• m.* • / ZONING APPIJrATIQWS fCONT.1 STORM WATER AND DRAINAGE TRUNK FEES Applicable Code Section I Ord.Nd! 214,2*< Series Storm water trunk fees appiy to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve the City. The trunk fee is based on the land use and acreage of the property being developed. An equivalency factor multiplier is assigned to each land use type, with a 2-acre residential lot considered as the standard in the City with an equivalency factor of 1.0. l‘he table below lists the storm water trunk fees per acre for the various zoning dlstrirts and land nses in the City, with a base fee of $2,700 per aere. 2002 Storm Water and Drainage Trunk Fees New Devciupment Land Use Trunk Fee/ Acre Single Family ResidevilinI 5 Acre Zone (1)$2,160 Single Family Residential 2 Acre Zone $2,700 Single Family Residential 1 Acre Zone $3,510 Single Family Residential */i Acre Zone $4,050 Multi Family Residential 4 Units/Acre or Less $4,860 Multi Family Residential Greater than 4 Units/Acre $5,670 Commercial or Industrial $6,480 (I) For the S-acre zoning district, a reduction of up to S0% of the trunk fee for the lot will be allowed for the percentage of the lot protected by perimeter and/or drainage way buffer easements. These buffer easement areas shall remain in a natural condition. Redevelopment projects will be defined as any project to either remove and replace existing structures or to enlarge existing structures. These projects will be charged a portion of the base trunk fee adjusted for the area of expansion of impervions surface above the existing conditions. The table below ibts the base trunk fee bated on the area of impervious surface expansion and adjusted for the type of land use. The trunk fee shall be determined by multiplying the appropriate fee by the acreage of the development site. Area of Impervious Surface Residential Redevelopment or Commercial or Industrial Expansion Expansion of Existing Development Redevelopment or Expansion of Trunk Fee/Acre Existing Development Trunk Fee/Acre 0-1000 Square Feet $950 $2,270 1000-2000 Square Feet $1,890 $4,535 Mere than ?000 Square Feet $2,700 $6,480 7m FeeSehetMe-Pofe 7 Wendy Bottanberg - letter to city.dor Pagei f 10/2A)2 Orono City Council CityofOrono 2750KeUeyPkwy Orono. MN SS3S6 Subject: storm water assessment at 3320 Water Town Rd. Dear Mayor. CiQr Council and Staff. Boyer Building Corporation is requesting a division of one S0*acre parcel of land into two parcels. The two new home sites will consist of one site at approximately 6 acres of land of which S acres are buildable and another site 44 acres in size of which 5 acres are buildable. It has come to our attention that due to a recent assessment, the lot split will trigger the burden of storm water management fees assessed at $2700. per acre. For this SO acre property that will amount to an unreasonable $135,000. This assessment over the 10 buildable acres comes to $13,500 per buildable acre and $67,500 per home site! With the 40 acres of surrounding wetlands on this site it is unlikely that this property will ever need municipal storm water systems. As a developer, I understand the importance of a storm water management system to the community and I agree the communiQr should burden the cost of such a system. I think it makes sense though, that the costs need to be relative to the use. Fm hoping that given the high percentage of wetland on this site, these assessments can be linked to the zoned density of the site and the number of units proposed. Our propetty is in a RR-IB zone of one unit for eveiy 2 acres. Would an assessment of 2 units at 2 acres each be more fair and applicable to this situation? The resulting fee of $5400 per site is at least somewhat manageable and comparable with the costs applied to sites of like zoning but no wetland acreage. Respectfully, John Boyer New home division Boyer Building Corporation cc:David Truax of Burnet Realty '‘'K if. I, ^ . - lant TO: FROM: DATE: Council Exhibit D Chair Smith and Orono Planning Commission M* Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner October 11,2002 SUBJECT: #02-2839 Boyer Building Corp. 3320 Watertown Road Subdivision Public Hearing Zoning: RR-1B One Family Rural Residential District (2 acres) Exhibits A Application . . B Site Survey/Proposed property lines C ■ 1975 Aerial Photo of Property D Plat Map E Orono Wetlands Map F Septic Review by Matt Bolterman, On-Site Systems Manager 0 Property Owners Notification List H Section 10.03, Subdivision 27 - Front Lot/Back Lot Standards 1 City Engineer Comments J MCWD Comments K John Boyer Letter - Storm Water Fee • • • • Application: The applicant has applied for a Preliminary Plat for a two-lot subdivision of a 50+ acre site located on Watertown Road. The property is located in a 2 acre zone and will be divided by creating two building sites (Lots 1 and 2) and shared driveway (Outlot A). The lot division is a front/back lot split, hence the back lot needs to be 3 acres. Lot 1 ® 44.04+ acres (5.84+ dry contiguous) Lot 2 = 3.96+ acres (3.09+ dry contiguous) Outlot A** 2.91 acres (Driveway) Pertinent Code Sections: Section 10.28, RR-IB, Subd. 5(B): Lot Standards for RR-IB Zoning District Section 10.03, Subdivuion 27 - Standards for the creation and use of lots which do not abut apublic or private road. 102-2139 8o>(rBund]n| Corp 3320 WMftown Road Subdivbion Ooobtrn.2002 ft|(lor4 Section 11.03, Subd. 2, Definition 24- "Lot Area, Minimuni"-Each lot shall contain the minimum area required for each proposed lot as prescribed in the Zoning Chapter of the City Code In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of contiaious dry bmldable land exclusive of wetlands, public and private rights-of-way. All rural lots must comply with the City s on-site septic system provisions of the City Code. 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 I!l!? ? **** lot standards in the zoning district, in this case Lot i must have a ininiinum lot sire of 3 acres, and a principal building shall meet a minimum setback 150% of c *^'*!"®* stant^. The lot is in the RR-IB district, which requires a minimum lot size of 2 acres SetbBcks m the district are 50 ’front and rear yard, and 30’ for the side yard. Back lots are required to have a ^veway access a minimum of 30’ in width. The shared driveway access meets the minimum requirements. Outlet A is much wider than 30’ at the road This was done to allow the driveway approach to be located at the highest point to provide the best site lines Septic Review: Each lot has demonstrated two septic sites for each lot meeting local and state standards Matt Bolterman, On-Site Systems Manager, has approved the designs that were submitted. Wetlands: «03-3U9 Bo>«r Bulldlnt Coip 3320 Waienown Road Subdivision October 11,2002 Sai(2«r4 Lou Juste Driveway Access/Outlot A: The City Fire Marshal and Long Lake Fire Department are reviewing the individual access for each lot. The Fire Marshal and Fire Department are being asked to comment on the driveway iength/width and ability to turn emergency vehicles on each lot. It is likely that a circular driveway will be required for each lot. A detailed grading plan and driveway construction plan will require further engineering review. The City Engineer has recommended each driveway be designed to not exceed a 10% grade. Outlot A would be commonly owned as an access outlet for the driveway. The City’s front lot/back lot standards require a minimum width of access outlets to be 30* to accommodate drainage, snow removal and screening without encroaching on neighboring properties. Outlot A is 110 ’ wide meeting the 30’ requirement. Staff does not believe additional screening to the driveway will be required since the property is heavily wooded. Some existing trees will be required to be removed to accommodate a wider road surface and grading improvements to reduce driveway slope. Easements and Covenants: 1 . Standard drainage and utility easements shall be dedicated on the final plat 10 ’ along the exterior property lines. Ten-foot drainage and utility easements along the . A drainage and utility easement 5 ’ either side of the boundary between Outlot A and Lot 12 shall be granted. 2. The delineated wetland in the north and west quadrant of Lot 1 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 reconunends approval of the preliminary plat and a wetland alteration variance for the shared driveway based on the following findings: 1 . The layout of the lots meets the Zoning Code requirements for a front/back lot subdivision. 2. The proposed use of the land is consistent with the intent of the Comprehensive Plan. 3. The variance for the wetland crossing is justified based on the fact the w’etland crossing is required for access and the access minimizes impact on the wetland and buffer area. 4. Each lot has demonstrated two septic sites for each lot meeting local and state standards. i02*2l39 Bo)cr Bundlnf Corp 3)20 Wuenaym Raid Subdhtiiion Odotcr 11.2002 P^Jof4 Such recommendation is based on the following conditions: 1.All preliminaiy ^ding and driveway plans shall be approved by the City E placing this application on the City Council agenda for preliminary plat approval.ngineer prior to 2.T^e preliminaiy grading and driveway plans shall also indicate how the grading will imo the existing mature tree growth along Watertown Road. ^ 2.Standard drainage and utility easements shall be dedicated on the final plat overall wetlands 5 along all intenor property lines and 10' along all exterior property lines. 3. Required setbacks for Lots 1 and 2: Lot 2 Front 50’ Side 30’ Rear 50’ Side Adjacent to Outlet A 50' Lot I Front 75’ Side 45’ Rear 75’ 4.Final plat shall include recording of a shared driveway maintenance agreement for Lots 1 and 5.Final Plat application shall include all required application fees, including payment of nark dedication fees of 8% of the land value prior to subdivision, not to exceed $5 5^ per stormwater fee of $135,000 based on $2700 per acre. ^ ^ Planning Commission Option for Action: 2. rl ^!'sL^g~"'*”‘°" "O-'X above. 3. To table. 4. Other Action. t'02Ot39 Bo)tr Building Corp 3320 Waicnoun Road Subdi>Uiofi October 11.2002 Pi^ 4 of 4 tip>08'2002 0]:14pi Froa<tn . ORONO 48S224t^.iS T-878 P.OII/DII F-I7I Application # O 7^^ DateRecelTed/ oaT* Amount Paid Cixy OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Sfteaddrese y/oTkWtwKX Ed?. Op^KO.______ PropertyIdentificationNumbcrffIDi / /JP - ZLr ^ HI ^ Qodl Pleas® check one - Property____^street or_____toireos? Attach legal description to applicatiotL APPLICANT o I I ‘ ^ Nam e /dlUg, Co/^o^v^CMHdvn - ToU.^ R 0^.4:^ Addr^ gui/o Phone rtinr;;:;; *--------- _____________Ziv^Mfl Phone (woric)^7 OWNER (if difiereot than MpUcant) *Name ^ ^ Address City__ (attach list if more than one) _______^Phone (home) _Zip ____.Phone (work) i EXISTING LAND USE Number of Tax Parcels . Development Size I Acres Dry Land Acres Wet Land Present use (check) Present Zoning Distriet J^O.O Acres Total, all parcels / Residential; no. of units _____ Other (specify! / PROPOSAL ________ Division for Tax Purposes ■ Lot Line Rearrangement Only (no new building sites) Subdivision for New Buildiirg Sites Number of Building Sites ! Existing Units / New Units Proposed Gross Density Minimum Lot Size ^ Total Units 'Z' Units per Acres Proposed Use (check) 2./jryg. Sq. Ft Dry BuUdable Land Residential RJt--l5 Residential Odier (specify) vv- ••• j J • • »* \«> ^J Q ■' (?.;)' 9 Kuisia ¥>^allllM • r* . ■ • ‘ ■‘; ■ '..•■■■ * .' : , ‘r . ■ ; . "" ■ ■■ ■■ ‘ >.,■ •' V. ‘'V’-'i'*- • - ’ ■■••./ .H i' 3i .i&- »a-<g) ‘ ] BETZ Aojw '• I < A d z. I iifaiHlfrtti _J ' rv. vy:^; V •• •* . • ’ • fe-f... -JR wl'.o. 7 ' ii.4-.:. K’: * • % , xpi <£!^l i-af r 1 GITYof ORONO Munldpil Offices SIfICt MdfttS: 2750 Kelley Peikway OiOM. Mi 5S3S6 Meniiil JMdrais: P.O. Boi 66 Ciyslal Say. MN 55323-0066 TO:Wendy Bonenberg FROM: DATE: Matt Bolterman, On-Site Systems Manager October 9,2002 SUBJECT: Septic Review for Boyer/Lund Property 2-lot Subdivision The property for Boyer/Lund has two approved plans for mound septic systems on each of the two proposed lots. The report was done by Steve Schiimers on September 19,2002. The sites are for S-bedroom septic systems. These sites meet all Orono and State Septic Code requirements. I recommend approval based on septic concerns. 1khphooc<f3D24MdOO • FasdSDMMdltf www.cLorDDi r ,r MM BATE EV/aT/IE BATCH BEE NENNEnN COUNTY PWfEETY INFOEMAi^oN SVSTEN MBfERTT ONNEIS LIST REKNIT NO. PlASBAEl PABE . 7 fllOP ABBR OHNER NANE TAXfAVER NANE/ABBR EEEEM EB-117>ES U EME5 HICN lA R N B B B MIUV . KEVIN E BENISE REXUV MEB NieN U LOlin lARE NN BBSBE SO E5-117-ES 11 EEES EEEEB LEAP ST E C BKANAH JR E C BRAHAN JR ES LEAP ST LONB LAKE NN 5SSSE PROP ABBR BNNER NANE TAXPAYER NANE/ABBR SB SS-llE-EV IS EEES EEASE STUEBS BAY RB N N B BONNA N BAUSE B BBNNA BAUSE ABE STUBBS BAY RB LONB LAKE NN 5SS5A SB SE-llB-SS IS EEE4 EE4AE STUBBS BAY RB N PREOERXC P RIESEL PREBERIC P RIEBEL P 0 BOX lEA LONB LAKE NN 55S5E « pr6p abon OUNER NANE TAXPAYER NANE/ABBR SB SE-llB-ES El- EEES EEESB ABBRESS UNASSXBNEB BURLINBTBN NORTHERN RY B N S SANTA PR RR CO PROPERTY TAX BEPT . PO BOX EEIESE PORT NORTH TX 7E1A1 SB S2-11B-2S 41 EEEl ESS2E NATCRTONN RB ROBERT T LUNO ROBERT T LUNB 41EE SETH ST N R21EE EOINA NN 55424 PRBP ABBR TAXPAYER NANE/ABBR SB S2-11B-2S 42 EEEB EESSE STUBBS BAY RB N JERRY CEE NYRENE IVERSON JERRY C S E NYRENE IVERSON SSE STUBBS BAY RB N NN S5S5A SB S2* EEESB JANES B NX JANES B 24SE HAYZATA NN PROP ABBR OUNER NANE TAXPAYER NANE/ABBR SB S2*11B-2S 44 EEE2 BS2BE HATERTONN RB B L ROLLER B C J ROLLER BARY L ROLLER S2BE HATERTONN RB LONO LARE NN 55S5B SB S2*11B-2S 44 EEES ES2EE NATERTOMN RB B L ROLLER B C J ROLLER BARY L ROLUR S2BE HATERTONN RB LONB LAKE NN 55S54 PROP ABBR OHNER NINE TAXPAYER NANE/ABBR SB S2<I1B>2S 44 EEES ESS4E HATERTONN RB VAN NUBBELL VERNE N NUBBELL SS4E HATERTONN ROAB LONB LAKE NN S5SSA SB S2*11B<2S 44 EEE4 ESSBE HATERTONN RB ROSS R REPKE ROSS R REPKE SSBE HATERTONN R« LONB LARE NN 55S5B. SB S2-11B«2S IS EEEl ES5E7 HAYZATA BLVB H BON BRIAN PULNER B BRIAN PULNER S5E5 HAYZATA BLVB LONG LAKE NN 55SSE SB S2*11B-2S 14 EEE2 ES24S HAYZATA BLVB H H P EISINGER ETAL HOHARO P EISINBCR 3245 HAYZATA BLVB H LONB LAKE NN 55354 SB S2-U8-2S 42 EEES EE2EE STUBBS BAY RB N C J S B N BOLLZS CHRISTOPHER t BAIL BOLLXS ZEE STUBBS BAY RB N LONB LAKE HN 55S54 I'.. .')) SB S2-11B-2S 4S EEIS EEOSB ABBRESS UNASSXBNEB JANES B NACXXNNON ET AL JANES B NACKINNON 24SE NEETXNB ST HAYZATA HN 5SS91 • « 1 1.^ SB S2<11B-2S 44 EEE4 ESS4E HATERTONN.RB VERNE NUBSaL VERNE NUBBELL SS4E HATERTONN RB LONB LARE NN S5SS4 I » SB S2-UB-2S 44 EEEE ES4E5 HATERTONN RB S E ESRBU A L J ESKOU SCOTT E B LORI J ESKOLA S4E5 HATERTONN RB LONB LAKE NN 55S54 I*-. \G' NlWMtdliiBih WIM DATE AVir/AS •ATCN S«2 HCNNCPIN fcOUNTV PHOfERTV INPORHATXON SVSTEH PROKRTV OWNERS LIST • •___ Si 82*lli-2S M MIR ni^ABOR RRRM AOORESS UNASSICNEO «R«R NAfC • NARY PARRCU ETU TAXPAYER NAR8 PERREIL NANE/AOM SiU NATERTOIRt RB LONO LAKE HN S5SSA TAXPAYER NANE/AOM M S2>lli*2S 44 RRIS RS2RR WATERTOWN RO W NENMRSON S R L HENMRSON WILLXAN I ROSLVN HENDERSON 4SR NAXEPIEIO RD NAYZATA HN BSSn PROP ABM OWNER NAHE TAXPAYER . NANE/AOM SB SS*lli>2S S2 SRR2 RRRSi AOORESS UNASSXONEO OMLXNRTON NORTHERN XNC ONE SANTA FE M CO PROPERTY TAX DEPT PO BOX 4AIM4 FORT WORTH TX 74141 PRM AOM TARPAVER NANE/AOM Si SS*lli-2S SS RRR4 RRISS CRYSTAL CREEK RO J A t L OeOOWALD JERRY R LORRAINE COODHAID ISS CRYSTAL CREEK RO LONO LAKE HN SS5S4 OWNER NANE TAXPAYER NANE/AOM TOTAL BATCH SR2 RRRSR ■1. Si S2-lli>2S 44 RRll RS4U WATERTOWN RB L K FERRELL ET AL SUOJ/LE HAM t NARY FERRELL S4U WATERTOWN RB LONO LAKE NN 55SS4 Si SS>lli*2S 2S RRR2 RSR2S HAVZATA SLVB N ROBERT E A KATHRYN OUHAS ROBERT E 1 KATHRYN BUNAS SR2S WAYZATA BLVO LONR LAKE NN SSSS4 SR SS-lli*2S S2 RRR5 RRSrS OLO CRYSTAL BAY RO N CXTY OF ORONO cm OF ORONO P O ROW 44 ' CRYSTAL SAY HN SSS2S Si S5*lli«2S SS RRRS RR14B CRYSTAL CREEK M LAKEWOOB OEVELONPENT INC LAKEWOOD OCVELONPEHT INC 2SS4 W WAYZATA BLVO SB LONO LAKE NN S5SS4 •• I • •• U U J REPORT NO. PX4SMR1 PACE i Si S2-11B-2S 44 RR12 RS24R WATERTOWN M H NENMRSON ERL NENDERSM . WILLIAH i ROSLYN L HENDERSON 4SR WAKEFIELB M WAYZATA HN S5S91 SR SS-11S-2S SI RRIR RRRSR ABBRESS UNASSXONED M RY CO B N R SANTA FE M CO PROPERTY TAX DEPT PO BON 941M4 FORT WORTH TX 74141 • • Si SS-11S-2S S2 RRR4 •ttSi ABBRESS PENDXN8 cm OF ORONO cm OP ORONO. P 0 sox 44 CRYSTAL BAY NN 5SS2S SR SS-11R-2S S3 RRR4 RR175 CRYSTAL CREEK M CHRIS PAUL S JULIE PAUL CHRIS PAUL t JULIE PAUL 175 CRYSTAL CREEK M LONO LAKE NN S5SS4 ' yj s; .- .1 • • § 10.03 ii • • • lubd. 23. Pennit Reqtdred. The requirements of Subdivision 19 are no^intended to govern the ftqmal and customary rip*rap of Idceshore property. It is unlawful for any person to tip-rap lakeshore^opetty within the limits of the City without a pennit issued by the City Engineer. Any unusull rip-rap^^ll .be referred by the City Engineer to the Plaiming Commission and the Council for action in accordance with tMs Chapter. Source: Ordinance No. 167 Effective Date: 6-2S-74 Subd. 24. Applicatim^r Pennit An application for such permit shall be accompaiued by a drawing showng the location d^^e proposed rip-rap and such other information as the City Engineer may require from tune to timd^plications shall be filed with the City Administrator and shall be accompanied by a fee in the amou^mescribed by the cunent City* fee schedule payable to the City. ^ Source: Ordinance No. 196 Effective Date: 8-22-77 Subd. 25. Mining. The commercial extracOta of sand, gravel, or other material from the land and removal thereof from the site without proces^g shall be mining. In all districts the conduct of mining shall be permitted only upon issuance of ao^i- tional use pennit Such permit shall include, as a condition thereof, a plan for a finished grade^luch will not adversely affect the surrounding land or development of the site on which the mining i^i^g conducted, and the route of trucks moving to and from the sites. A bond will be required for re^ration. Subd. 26. Soil Processing. The operation of processing of sand, gl^el, or other material mined from the land shall be permitted only by conditional use permit Such coh^onal use permit shall include a site plan where the processing is to be done, showing the locMon of the plant, disposal of water, route of trucks moving to and from the site in removing processed^uterial from the site, the condition in which the site b intended to be left upon completion, hour of ^^tion, and such permit shall not be granted for a period of longer than twelve (12) months. Source: Municipal Code Effective Date: 9-14-67 Subd. 27. Special Standards for Back Lots Created After January 1, 1994. • Back lots as defined in this section which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994 are subject to the following special requirements in addition to the standards required in Section 11.31, Subdivision 5 of the Orono Subdivision Code: A.Dimensional standards for back lots shall be as follows: 1. Lot area shall be 150% of the zoning district requirement ORONO CC 259 (4-1-84) L mm? strwt yard setback line of a lakeshore^c^tot at the § 10.03 lJOHofthe»niB*di«ric.fentyadXi^M^'^ ««« yard or font yard shaU be lot shall meet the zoning district lakeshote yard laleeshore yard of a lakeshore backyard requirements. • fiontfback lot division AalinTOtanavS!!^!??^"***’'^®®"'*®’®' ^^““lotcteatedasrattofathe r«,uired side yard ^e^ntte,“3S* distnct area, width and setback standards Sc^ ft« street yard requirement for that zoti« diliWcL** ** to the sWe C.Access requirements. I. w^ri!S " >h. atKl Shau be wideenougb to accommodate dr.i...i;. “•“ « 3»- ^um width,. properties. ®»'^“">®vai and screemng without encroaching on neighboring both font lot and back lot sht^ a dtiJS!^^,??*^ *“ ••f City may require that that creating an additional «:cess to the existii« street wffl a^~ the side or rear lot lines of adja^t lo^™™^ ** located at least I O' fom located within an access outlet. ****" ”*'**'““ “ay be served by a driveway ^ ‘butting an adjacent access ® public or private D.Screening requirements. screened hy fencing or vegetadM at thfdSSrfS^ jf '"“®“ ‘ball be adequately ORONO CC 259-1 (12-13-93) I mm § 10.03 2. The street yard ofOie back lot diallbe adequately seceeiKd by fencing or vegetation at the discretiTOi of die City; so as to eliminate intrusion of vdiicle'headligihts into the side or rear yards of adjacent lots. • • E. Standards foriBCcessoiy structures.-Accessory structures sh^ adhere to all leqidxements of the zoning code, widi die following addidonal requirements: closer than 10^ to a neighboring property ’s ^de or rear yard. 1. Accessory structures within a back lot shall be allowed no 2. Accessory structures shall not be allowed within die reqmred street yard of a back lot nor within the required rear yard of a firont lot which abuts the street yard ofaback lot 3. No accessory structure diall be allowed widiin an access oudot (Sections 10.04 and lO.OS, inclusive, reserved fpr future expansion) ORONO CC 259-2 (12-13-93) i!; i mSm. Oct 09 2002 ll:0ami BONESTROO ROSERE nnOERLIK 6516361311 "I ■\ J/U Bonestroo ^ygllosene Anderlik & ^ ^ Associates Engineers 4^ Architects October9.2002 ••MBtnM. eoBtnt. «««tf Aitocliftf. Inc. It 9n Affirmative Acll•e/f9U4l Opportynlijf fmpieytr •ne tmplepea Ownad ^ evinclpdis; Otce O. Soodiirda. M. • Marvin L. torvMa. P.l. • derm It Cooiu Rl. e RoDtri a Sctiunichr. • itfry Aloyrdort Rf. SarMer CMifellanti; Vobert W. ffeicne. fA. • iocfpn C AiMrlia. ftC. • McKard C. Hjmar. PI, • Susan NL iMrRn. CA. Aitocldca PrlncIparK Kaicn A. OOftfon. PM, • MeDdrc P. Prtffcrtd. PM, • tkfiard W. Pontf^rx • Oavtd O. LasliotA PJ Mark A Hanson. fX • Micfiati t fautmann. PM, • Vid K. Add. PP, • XannM P Andarsarx PM. m Mam A Poira, Px • Oavid A. ■anascraoi Mtx • Money n WOifarrson. cx. • Apnaa M. «ng. MAA. e ahvi icct SenmidL PX e Tnoirai W foitrion. PX • iamas R. Mafand. PX • MUei I. Jeman. Pf. • L. PM!Up C«evti at PX • Oanlaf 1 fdparaMv a limaol Martinas. PX. • Itiemat A Syfaa. PX • Sneldon x 4onnsan • Oaia A Grava. PX. • Themas A teusnar, PX • Robert J, Oevarp PX * Officasi Si.Paul, ft Ooud. Rocheifcr and WiUmar. MN e MU«mukca. Wl • Cnicapo. IL \Mbeitas wwwXar«attraaxoni Wendy Bottenberg Zoning Administrator/Planner City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Boyer Building Coiporation File N6. 139-02-000 : Plat No. 02-2839 * Dear Wendy: We have reviewed the survey for the Boyer Building Coiporation property. The site is located at 3320Watertown Road. The t^plicant is proposing to subdivide the property into two buildable lots. We have the following comments with regards to engineering maners: If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE, ANDERLIK & ASS<3CIATES. INC. Cc: Greg Guppu. City of Oroiio 23JS West Highway J6 • SC. Paul. MN 55IIJ ■ 651*436-4600 • Fax: 651*636-1311 ' j.if III • The site is comprised of primarily low-lying wetlands. The wetland boundaries adjacent to the buildable portions of Lot 1 and Lot 2 and all of Outlot A should be delineated and the ^ delineated wetland boundaries shown on the survey. Drainage easements should be provided over all wetlands and drainage ways. • Drainage and utility easements should be provided S-feet wide along all lot lines except along the railroad and Watertown Road frontages where they should be 10-feet wide. • Access to Lots 1 and 2 will be provided from Watertown Road across Outlot A. The existing grades on Outlot A north of Watertown Road exceed 13%. The driveway that serves Lots I and 2 should not exceed a 10% grade. The driveway should be constructed to a minimum w idth of 20-feec. Driveway construction may impact the existing wetlands and mitigation may be required. Final driveway plans should be submitted to the Tire department for review. • A driveway access easement/agreement should be provided over Outlot A to provide access to Lots 1 and 2. i ii I *1 r QCT-00-2002 15:53 CREEK URTERSHED 6124710682 P.01/02 Minuehaha OreekiB Watersaed District GnyRMhwalMCMter Hivyi. IS & It. Navarra Ml3: 2S008had|ytieodRoad BcakiM;MN65S1-9S78 Phone: {952)471-0580 Fee (952) 4714682 EtnA • • aiMhtminnaiMlacraelLOig WabSBa: wwwjnlmehehacreek.oio Beendoflteiiagira Pamda6.Bbt JvtmCaldne Lance Fisher Monica Grsss SeaUThotres Richard MXar Robert SchroeOer 0 T Improving Quality Quality of life £tcld!. /0/s/09~ October 8.2002 Wendy Bottenberg CityctfOrono P.O. Box 66 Long Lake. MN 55356 Boyer Building Coiporation 18279 MinneUMikit Botdevard Wayzata, MN 55391 RE: Two>lot subdivisioo at 3320 Watertown Road, Gty of Orooo Dear Applicant: This letter U to inform the property owner and City of Qreenwood that after reviewing a brief project description for the location ch^ above, it appears that the project will require permits from the Minnehaha Creek Watershed District. Once the project design is finalized, MCWD encourages you to submit an application as soon as possible. Projects of tlds nature will require approval of the MCWD Bu..;;d of Managers which typically ranges between 30*45 days. Delays in submittals will ultimately result in project delays. Please consult MCWD Rules for guidance on the required exhibits to be subirutted with an application. In addition to the items Included in the District Rules, the following bulleted items must be submitted as a part of this specific project application: • Rule A: Procedural Requirements 1. Submit address labels obtained from Hennepin County which cite the names and addresses of all of the property owners who reside within 600 feet of the project area 2. Notification of approval or preliminary approval from the City Council or Plaimbg Commission • Rule B: Erosion Control 1. Plan must state with detail vegetation and stabilization will occur within 48 hours of completed grading 2. An erosion control plan must be submitted with this application. This includes indication of silt fence and all other necessary erosion control measures, which must be placed on all downlull slopes in areas where grading will occur. • Rule D: Wetland Protection 1. A wetland determination must be performed on this site OCT-fl8-2002 15tS3 CREEK URTERSHED QayFmhMtwCwitBr = IIA 2300 Sv^lrwDOd Road Mta;MN65S31-0S7B Rmok (052) 471-0500 Ac (032) 471-0682 Ertia3: odmbilirinnehilMrNkoiB WifaSte: oMwuninmtahacraeltoig BoiirielllaMgirs AiMiaQ.Biiia JMNtOddnt Iweindwr MoriioiQnss SooRTlMfflM RlchaidUlw RotertSehreeder ®»sass:< Hioieudla (^k 6124710682 P.82>^ Witerohed District tfWater, QfuUaytfUfe S^.-SK£S2ssr5=r wShShiSJL’* ^ occontance widi MCWD Rule D guidelines Weiltod buffers nnge between 16.5.*Co3S'«wJ«proportiondtoSsi» 7'^®'^* opcoining submittals, staff may find the need to reuuest Sioceiely. Michael D. Wyatt District Technician TflToi p ao Wendy^ottenberg - letter to city.doc 10/2/02 Orono City Council CityofOrono 2750 Kelley Pkwy Orono. MN S53S6 Subject: storm water assessment at 3320 Water Town Rd. Dear Mayor. City Council and Staff. Boyer Building Corporation Is requesting a division of one SO-acre parcel of land into two parcels. The two new home sites will consist of one site at approximately 6 acres of land of which 5 acres are buildable and another site 44 acres in size of which S acres are buildable. It has come to our attention that due to a recent assessment, the lot split will trigger the burden of storm water management fees assessed at $2700. per acre. For this 50 acre property that will amount to an unreasonable $135,000. This assessment over the 10 buildable acres comes to $13,500 per buildable acre and $67,500 per home site! With the 40 acres of surrounding wetlands on this site it is unlikely that this property will ever need municipal storm water systems. As a developer. I understand the importance of a storm water management system to the community and I agree the community should burden the cost of such a system. I think It makes sense though, that the costs need to be relative to the use. I'm hoping that given the high percentage of wetland on this site, these assessments can be linked to the zoned density of the site and the number of units proposed. Our property is in a RR-IB zone of one unit for every 2 acres. Would an assessment of 2 units at 2 acres each be more fair and applicable to this situation? The resulting fee of $5400 per site is at least somewhat manageable and comparable with the costs applied to sites of like zoning but no wetland acreage. Respectfully, John Boyer New home division Boyer Building Corporation ccDavid Truax of Burnet Realty Page 1 I r Application Deadline: 1 l/S/02 60 Day Deadline: 1/3/02 REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator Item Description: #02-2846 Loren Pellett 4753 North Shore Drive Vacation 2 5 2002 DATE: ITEM NO. ^ Agenda Section: Zoning Exhibits: A Resolution B Staff Report and exhibits of 11/18/02 Pertinent Code Section: 1. Section 10.12 Application Summary: The applicant is seeking approval to vacate 50' of that portion of the unimproved dedicated right-of-way of Lake Street at the shoreline of his property. The right-of- way was originally dedicated in the plat of Bergquist and Wicklund's Park in 1888. Lake Street is an unimproved street right of way running along the shoreline of Lake Minnetonka from east to west that currently varies from 17 ’ to 21' in width. Lake Street serves no public purpose. There has been one other vacation of Lake Street. The property located at 4705 North Shore Drive was granted approval in 1996 to vacate that portion of Lake Street between its extended lot lines. (Exhibit E). Criteria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. The vacation doses not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as roid except for utilities and access purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. It is staffs opinion that these three conditions are applicable to the segment of Lake Street right-of- way adjacent to the property. The Public Works Director has been asked to review the proposed vacation and agreed to proceed with the vacation finding no current or future public use for the 50* right-of-way. Municip^ sewer lines are not located within the unimproved right-of-way, hence sewer easements are not required. ► The gas, electric, telephone and cable tv. utilities have been notified of this request. They have all replied and none have utilities in this area. The property owner’s legal access to the property will not be affected by the vacation of Lake Street and no adjacent or nearby properties will have their access limited by it. Due to topographical constraints, this area of shoreline is not conducive to pedestrian movement hence staff believes the existing and future public access to the lake will not be reduced or impacted by this vacation. Note that this property contains a bluff, having an average slope of around 50% fh)m the house to the shoreline. PLANNING COMMISSION: Planning Commission recommended by a 6 to 0 vote to: Approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. fjr oA ^ If > . • ' ’ V..T- ' ’i?.. r '-A': . '' ' ' J ^ ^ ^ . I 3 NOW, THEREFORE, BE IT RESOLVED, that the petition of Loren Pellett is hereby granted by the Council of the City of Orono and that the portion of the unimproved street legally described above is vacated. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 2Sth day of November, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2Sth day of November, 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 SI ATE OF MINNESOTA COUNTY OF HENNEPIN llie foregoing instrument was acknowledged before me on this day of November, 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 2 of3 Trtiifiiimiairi 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 of credible witness ..a and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their fme act and deed. Notary Public STATE OF MIWIESOTA COUNTY OF HENNEPIN On this day of ..20 jjersonally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of whose identity I proved on the oath/afTirmation of credible witness ..a 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 3 of3 .m.i i.,.lAaiTiaitn •Vu 1.: fl TO;Chair Smith and Oiono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Wendy Bottenberg, Zoning Administrator/Planner November 15,2002 SUBJECT: #02-2846 Loren Pellett 4753 North Shore Drive Vacation of Lake Street - Public Hearing Zoning District: LR-IB Single Family Lakeshore Residential District, 1 Acre, sewered. List of Exhibits A B C D E F Application Site Plan/ Survey Sewer Map Topographic Map Plat Map Property Owner’s List Pertinent Ordinance: Section 10.12 Application Summary: The applicant is seeking approval to vacate 50’ of that portion of the unimproved dedicated right-of-way of Lake Street at the shoreline of hir property. The right-of- way was originally dedicated in the plat of Bergquist and Wicklund’s Park in 1888. Lake Street is an unimproved street right of way running along the shoreline of Lake Minnetonka from east to west that currently varies from 17’ to 21 ’ in width. Lake Street serves no public purpose. There has been one other vacation of Lake Street. The property located at 4705 North Shore Drive was granted approval in 1996 to vacate that portion of Lake Street between its extended lot lines. (Exhibit E). Criteria for Vacation: Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: :ion<^1. The vacation adsK not affect access to or use of any adjoining property. 2.The City has not and does not intend to develop, improve or use the dedicated right-of-way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. M2-2846 Loren Pellett 4753 North Shore Drive Vacation 11/15/02 Page ! - T^-- It is staffs opinion that these three conditions are applicable to the segment of Lake Street right-of- way adjacent to the property. t The Public Works Director has been asked to review the proposed vacation and agreed to proceed with the vacation finding no current or future public use for the SO' right-of-way. Municipal sewer lines are not located within the unimproved right-of-way. Therefore, no request for easements over the sewer is being asked for. The gas, electric, telephone and cable t.v. utilities have been notified of this request. None of the utilities notified had responded as of the writing of this report. The property owner’s legal access to the property will not be affected by the vacation of Lake Street, and no adjacent or nearby properties will have their access limited by it. Due to topographical constraints, this area of shoreline is not conducive to pedestrian movement, hence staff believes the existing and future public access to the lake will not be reduced or impacted by this vacation. Note that this property contains a bluff, having an average slope of around 50% from the house to the shoreline. StafT Recommendation Staff recommends approval of the vacation application as proposed by Loren Pellett for the property located at 4753 North Shore Drive. Applicant does need to provide a new proposed legal description for the propeity prior to City Council review. m-2846 Loren Pellett 4753 North Shore Drive Vacation 11/15/02 Page 2 1l:l3u Frjw^lTY r 'WHO H52Z494SK T-390 P.006/D09 F-566 A \ • i^ppBortloii # 13«toHeeriv«d tO-R-^OO‘2. Amamitffdd^rsoO^ cm OF ORONO • GENERAL LAND USE APPLICATION U^4USCu.r^ 2:>r,y^ Type of Applidtfro to be Fflcd _____________ »- ■ — PlopaQr Identificatioa Number (PJ.D.) //>—Z3‘^3‘2>-Q<y^4^ tl'/^fJe4 At/^ City C^rtQyy^f^ Phone(home\C9S^) ORWEROf <lifiefent than q^licant) Name_______________!______ Phone (home), _ Phone (wmk). Address.City Zip. DatePrepertv Acomred (month/!year) I (do) ^o~^^also own the adjacent pereeb of land. FEES > CONDITIONAL USE PERMITS • _____S 75.00 For each variance request with CIJP application _____S175.00 Residential Accessory Use _____$250.00 Institutional (chuidi, school, etc.) _____$225.00 Quest Housc/Guest Apariments * _____$200.00 Diq>lex Credit/Bldg _____$325.00 Commereial/Industrial Use . $250.00 Land Alteration ____ Oieding and filling > deagoated wetland or floodplain ____ Grading and filling • 501 cu. yd. or more ____ Grading, seawall, retaining walb within 75' of lakeshore PRD/PID > see Fee Schedule $150.00 Renewal Fee (no change from original an>Ucation) After-the-Fact Fee > Double Current Application Fee OTHER APPLICATIONS _____$275.00 Commercial Site Plan Review (+ consultant fees) _____^^'feOO.OO Vacation $200.00 Easement Vacation $100.00 Easement Vacation Widi Subdivision • _ $350.00 Reroning (PUD • refer to fise schedule) _ $375.00 Cmnprdiensive Plan Amendment ” $100.00 Appeals Other - see Fee Schedule ?r -r'-N • It Kj : i V n f § • * #. V-.:i -■ .‘wN i w . .•>* ♦ ea 9tCj^ (Fi i«..|/ Ml • 1*1: i i.». LUIU:.> ADVANCi:. SURVEYING A ENGINEERING CO. 5300S.H«y No*101 Miniicioaka, MN S5345 Pbooc (952) 474 7964 Fat (952) 474 8267 LOREN PELLETSURVTYFOR; SURVEYED: December. 2001 DRAFTED: Dmeote 11.2001 REVISED: iMiry 24.2002, ID show dwifn in hanfeovcruibitlation. UGAL DESCRimON: Lec4.Block6,BERO(2UlSTRWKXLUNDSPARK.HcMcpinCoi»iy. M SCOfEOrWORK: 1. Showing 8k kflfik aod of boimd«y liocs of the above legal descriptioo. Tbeacopeofoursenrioes daci Ml ioebide demmioiiit vbai you own. which ts a legal oMOer. Pleme check 8m legal deacnpiioa with your mcordi or coaaoh widi compeieBi lepl couoel, if oecesaary. lo make sure that U is correct, an. that any maners of mcoed, aoch at CMcmcott, that you with shown on 8ie survey, have been shown. 2. Showkig the locmiooofciuaikigiHipiovoawois we dawned impoiianL 3. Setting new moouments or veriiykig old mooumeiiis 10 mark the oomcra of the property. 4. While w« have shown die bouB^ of Uie property as an cxieotioa (dashed) of die ori^nal lot lines from the original shereliM shown oo die p4at lo the ordinary hi^ water roaik, there are legal questions, that only a court can decide, on how the propany 8w hMs in diis plat pin u die lake recedes should be divided among the lot owners. If this is of sufficient imeiesl lo wawam the expense and nme involved in a lepl proceeding, you could consult with an attorney about the procedwe 10 get a oomt ID resolve diis question. 5. Showing and tahujarkig hard cover end area of the kn far your review and for *he review of such pvemmetital agencies as may have jurisdictioo over hard cover requkements. STANDARD SYMBOLS R CONVENTIONS: *#* DcMies 1/2* ID pipe wHh plaatic phif bearing SiNc UcoiKNinniier 9235, set, unless otherwise noted. 1 hwthy ceidiy that this plio. specificadeo, repoff or survey was prepered by me Of under my direct supenrisioo and that I are a licensed frofiasio^ Eagiaeer and Piofmiooal Sur/cyor under the laws of ^Siaia of Mjanesota.s& riT (p. A H. PwkCT No. 9215 GRAPHIC SCALE ( w mr) #2346 liMiM R-2802.15 ------ L-29.75 . A=0* 36*30 ’ _______~~V \ K iy^J/tj----------------------- [* . >T1NC RESIOENCC \'J VI#IX 1 1 SO •q.^t V- i 1 i 1 1 “O^OJiOL^* 1 11 1■ 1 ! 1 oasimc DECK i lAA'F I - isssiisssssp mm acvATioN SHQROJNC AS OF ^-----U/5A00or mm iuta NO. OII617L L •TO 9^9* —t ifT 1m r .Tim II I III -kk-rMa f>f.oPer<rV T^rC I o! Wi5f>. \ y\ M I ‘ 1 ; 3 ' V* •: -1 H ii^Vi V}^m .^f:: .^;:V:S ' ^ e. \ ^i.. .1 '••< ' I N..?S^• ■ ■■ ■^/vr-.-,,;^:i^%\.f^'~ > ♦r. I . * 5 '. ' f <1 I » . I * {• • '‘ ' r ' ' ' ' r.• • r \• # V • « « •\ 1 Xv^i? ■■ i * .\. r;--*1* • ^ }*,.' •i’/ ;^l2pfcX.. t A ■ '* ^ * 1 "■ Jkv ^ii \\. mM DATE ll/if/t2 MTCH 506 HENNEPIN COUNTY PiOPENTY INPOmUTIOP SYSTEM PtOPEETY ONNEES LIST PROP ADDR ONNER NAME TAXPAYER NANE/AODR SR I2-117-24 4X M01 f4R0I MINNEAPOLIS AVE & S THOMAS SEN TRADER C S THOMAS SEN TRADER 40tl MINNEAPOLIS AVE MOUND MN 553R4 SO 07-117-2S 32 OMS •472S TONKAVIEH LA EOT CHRISTIANSON EARL 0 TERRY CHRISTIANSON R041 TONKA VIEtf LANE MOUND MN SESR4 PROP ADOP ONNER NAME TAXPAYER NAME/ADOR SO 07-117-23 32 OOtf 00730 NORTH SNORE DR CHRISTINE J SCHANZENRACN CHRISTINE J SCHANZENRACN 0730 NORTH SHORE DR MOUND MN 55300 SO 07-117-23 32 0010 00705 TONKAVIEH CT JAMES R THOMSON ETAL JAMES THOMSON 0705 TONKAVIEH CT ORONO MN 55300 PROP ADDR OHNER NAME TAXPAYER NAME/ADOR SO 07-117-23 32 0012 00751 TONKAVIEH CT S A SCHAUER OPE KOUDSKY S A SCHAUER 0 F E KOUDSKY 0751 TONKAVIEH CT MOUND MN 55300 30 07-117-23 32 0010 00730 TONKAVIEH CT LARRY A 6REENNA0EN ET AL L 5REENNA0EN 0 V 6REENHA0EN 0730 TONKAVIEH CT MOUND MN 55300 PROP ADDR ONNER NAME TAXPAYER NAME/ADOR SO 07-117-23 32 0017 00725 NORTH SHORE DR J P HENPV ETAL J P HENRY 0725 NORTH SHORE DR MN 55300 30 07-117-23 32 0010 00731 NORTH SHORE DR DENNIS A MEYER DENNIS A MEYER 0000 NORTH SNORE DR MOUND MN 55300 PROP ADDR ONNER NAME TAXPAYER NAME/AODR 30 07-117-23 32 0020 00753 NORTH SHORE DR L PELLETT t S PELLETT LOREN PELLETT 0753 NORTH SHORE DR MOUND MN 55300 SO 07-117-23 32 0021 00755 NORTH SNORE DR Q R EVERSON P M E EVERSON GARRY t MARIE EVERSON 0755 NORTH SHORE DR MOUND MN 55300 PROP ADDR OHNER NAME TAXPAYER NAME/ADOR 30 07-117-23 32 0023 00705 NORTH SNORE DR HENNEPIN FORFEITED LAND CITY OF ORONO P 0 DOX 44 CRYSTAL DAY MN 55323 30 07-117-23 32 0057 00755 TQNKAVitN LA DAMON S HRIGNT/MARY F JONES DAMON S HRXGNT 0755 TONKAVIEH U MOUND MN 55340 ♦ .V REPORT NO. PI035001 PAGE 20 1 se ar-ii?*.; S2 mm M735 TONKAVIEW LA S V NHITHAN ■ N E WHITNAN STUART V NHITHAN A755 TONKAVIEH LA ■ HOUND HN SS5M 30 RT-llT-ZS 32 Am M7S7 TONKAVIEH LA T 0 OLSON I L H NALLACE T 0 OLSON • L H WALLACE A757 TONKAVIEH LA HOUND HN 553M « SO OT-llT-ES 32 ttlA •A/31 NORTH SHORE OR DENNIS A NEVER DENNIS A NEVER AAOa NORTH SHORE OR HOUND HN 553M ■ 4 SO •7-117-23 32 ••!• •A7A5 NORTH SHORE OR HERHAN CRAHFORO ETAL HERHAN CRAHFURD A7A5 NO SHORE DRIVE HOUND HN 55SM SO 07-117-2^ 52 *022 M775 NORTH SHORE OR D E OOLL t S E ROLL DOUGLAS E t SANDRA E OOLL A775 NORTH SHORE OR mUNO HN 553M SO •7-117-2S 52 ttSS M7«S NORTH SNORE OR A H t T K RASCHER ANDREW H 0 TRACT K kASCNEt A7«S NORTH SHORE OR HOUND HN S5SM mm ri44rn4nii' ti > * . I. mm DATE lt/AVt2 DATCH SAD NiNNiPXM COUNTY '^iOPEDTY INFOlM*t«T10N SVSTEN fW ERTV ONNERS LIST ONNED NANi TAXfAYfD Total datcn SID •••!§ IH • *V’’ f W f O /i ^ V i4i > _ >•}ILL^ REnMT NO. N4SM«1 PA6C 3« 1 dCTirv THAT THi ^ACTS KMESCNTED ARE AN ACCURATE AND TRUE PEPRCSEtITATION Of XNFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OP THE KNNEPXN COUNTY OEPARTHENT OP PROPERTY TAXATION, TCUTH^REST OP NY RN0M.ED6E AND BEIIEF. id'firaZ. iW4N * r . i • j ! riOMyi tuM*';- Application Deadline: 11/01/02 60 Day Deadline: 12/30/02 '• •—▼ING NW 2 5 2002 Cm Y OForq/^q REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator DATE: ITEM NO. I ^ Agenda Section: Zoning Item Description: ^02-2849 Steven Jacobson 4185 Sixth Avenue North Variance Exhibits: A Resolution B Staff Report and exhibits of 11/18/02 Pertinent Code Sections: 1. Sectioi 10.27, Subdivision S(B): Front Yard Setback: To permit construction of an attached garage/bedroom addition to be 41.5 ’ from the front lot line where 100’ is required for the RR-1A zoning district. Application Summary: The applicant has requested n front yard setback variance to vinstruct an attached garage/bedroom addition to the existing residence. I'he proposed attached garage/bedroom addition is to replace an existing detached garage that will be demolished. The proposed attached garage/bedroom addition is to be located 41.3’ from the front property line, where 100’ is required in the RR-IA zoning district. The existing residence is 51.9’ from the front property line, where 100' is required in the RR-1 A zoning distiict The detached garage being removed is 46.7’ from the front property line. The detached garage was constructed in 1963 and met the setback required at that time. 1 he property is served with an on-site septic system and well. Matt Bolterman, Septic Manager, reviewed the proposed project and did not find any issues. The existing system is conforming and sized for 2 bedrooms. The homes after the proposed additions will remain at 2 bedrooms. 1 he well is located on the north side of the residence, (between the residence and Sixth Avenue North). The proposed attached garage/bedroom will result in an increase of structural coverage on the lot to 1,723.62 s.f. (3.9%) where 6,637 s.f. (15%) is allowed. Discussion: The existing residence was built in 1945. The existing residence is located 51.9’ from the front property line. The property is located in a five acre zoning district. The subject property is substandard at 1.02 acres. The interior layout of the house would make it difficult to construct a functional attached garage/bedroom at a location not needing a variance. Also, offsetting the addition to the south would begin to impact the mound system. Hence, the proposed front setback variance. ' PLANNING COMMISSION: Planning Commission recommended by a 6 to 0 vote to: Approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. "rh'if«» vf ✓ « . • «• • ‘ *1 » tIMi A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B), FILE NO. 02-2849 WHEREAS, Steven Jacobson (hereinafter "the applicant") is the owner of the property located at 4185 Sixth Avenue North within the City of Orono (hereinafter "the City") and legally described as follows: The west 245.00 feet, as measured at right angles, of that part of the north 25 acres of the Northeast (Quarter of the Northeast Quarter of Section 31, Township 118, Range23 lying south of County Road No. 6, which was formerly also known as State Highway No. 110, Hennepin County, Minnesota, (hereinafter “the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to allow construction of an attached garage/bedroom addition to the existing house to be 41.3’ from the front lot line where 100’ is required in the RR-1A zoning district. 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 November 18,2002, 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 #02-2849. The property is located in the RR-1 A 2^ning District, where 5 acres is the minimum required lot area. The property consists of approximately 1.02 acres. 3.The Orono Planning Commission reviewed this application on November 18,2002 and recommended approval by a vote of 6 to 0. Page 1 of 6 5. 6. The Planning Commission made the following findings of fact; A. The structural coverage on the lot is increasing to 1,723.62 s.f(3.9%) well below the allowed 15%. B. The hardship is the existing house location in relation to the front lot line. C. The existing residence was built in 1945, prior to current zoning standards. D. The well and septic system are in locations that are not affected by the proposed addition. E. The interior layout of the house would make it difficult to construct a functional attached garage/bedroom at a location not needing a variance. F. The adjacent properties are not afRrcted by the attached garage/bedroom addition. The City Council finds that the conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 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 welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to allow construction of an Page 2 of 6 attached garage/bedroom addition to the existing house to be 41.3* from the front lot line where 100’ is required in the RR>1 A zoning district. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2.Authorities granted by this variance run with the property not with the applicant, 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 (November 25,2003). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on l^half of himself, his heirs, successors and assigns, hereby agrees 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 2Sth day of November, 2002. ATTEST: Linda S. Vec, City Clerk Barbara A. Peterson, Mayor Property Owner (s) Page 3 of6 i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2Sth day of November, 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. • j 1 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of November, 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.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/theii' free act and deed. Notary Public Page 4 of 6 V’ ■ ■ f STATE OF MINNESOTA COUNTY OF HENNEPIN before me, On this__day of ,2002,j)ersonally iqppeared 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 ackitowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of6 W •'"t. ► ■ '' F ^■ • ' ■■ k' u •H »£>•H Xw ^ ^ f/l# ^ HO- /'• t\0>) $9asM \ Property Description (os p^vkSed ty cHentJ w| •-•r most ^^esao test os moosmred ot hoht onohs, of *fsf ooti of tho noftn P5 ocres of the tforttioost Sk/orfor of the fterthoost Ouofter of Section Jt, Vmnshp nd'foe PJ ymg sooth of Coonfy fhod ^o C ofhch mcs formory otso Ohomn o$ Stote ^o*fmo¥ he no I ^ H»9 •? a ® Denotes iron monument eD00,0 Denotes existing efee, 0 Denotes utik/y pote d ec 44.2d9.79 Sg. ft (f02 acres) - ‘^CKXfseo Ada'ilion Dtvotions to Moteft etisting House- *; * \i> 990^^IN’ -I’C J04 ^fjnsting*^ N £/uion ^ j 7/ODOO JOe -- I Stptic > oreo ^ f I ♦ $$97 $$$7 The South Line of the North-25 Acres of fft t/4 of fft t/4. II* I DMAffS-*GADRi£L UW SCRm otfS. INC. SeS§ AMtor imm0 ftm. nnm—th. m U44f nmmSHN iM mm r«t i79SI mrn'srT 245.00 ssst^ 1 h§999f 99fiUS IA«C IM* mms e»sm «r MpsH ws§ rrfyirjj to mn Simesm mOn Ito teto •# Cto «to4* st JM«mw4^ ^ Al* to. ness »m kr mt \t.i. .tk *»f mt twiiw. MM. f^axx^so$-m $9n$ $ Ctoto nnm. rmj$‘ US m menwiED roe.- Afr. Sfei^e JacobS'on foM ^Cj ^xj C I*-. Hta i oA-;>-W'? #• •I TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE;November 15,2002 SUBJECT: #02-2849 Steven Jacobson 4185 Sixth Ave. No. Variance — Public Hearing Zoning District: Lot Area: RR-1A One Family Rural Residential District (5 acre) 44,249,79 s.f. (1.02 acre) Exhibits: A Application Survey Septic Information Elevations Plans Photos of Property Plat Map Property Owner’s List B C D E F G H Pertinent Code Section: 1. Section 10.27, Subdivision 5 (B): Front Yard Setback: To permit construction of an attached garage/bedroom addition to be 41.3’ from the front lot line where 100’ is required for the RR-IA zoning district. Application Summary: The applicant has requested a front yard setback variance to construct an attached garage/bedroom addition to the existing residence. The proposed attached garage/bedroom addition is to replace an existing detached garage that will be demolished. The proposed attached garage/bedroom addition is to be located 41.3’ from the front property line, where 100’ is required in the RR-1 A zoning district. The existing residence is 51.9' from the front property line, where 100’ is required in the RR-1 A zoning district. The detached garage being removed is 46.7’ from the front property line. The detached garage was constructed in 1963 and met the setback required at that time. The property is served with an on-site septic system and well. Matt Bolterman, Septic Manager, reviewed the proposed project and did not find any issues. The well is located on the north side of the residence. (Between the residence and Sixth Avenue North). ^02-2849 Steven Jacobson 4I8S Sixth Avenue North 11/15'2002 Page 1 of3 The proposed attached garage/bedroom will result in an increase of structural coverage on the lot to 1,723.62 s.f. (3.9%) where 6,637 s.f. (15%) is allowed. Dbcussion: The existing residence was built in 1945. The existing residence is located 51.9' from the front property line. The property is located in a five acre zoning district. The subject property is substandard at 1.02 acres. The interior layout of the house would make it difficult to construct a functional attached garage/bedroom at a location not needing a variance. Also, offsetting the addition to the south would begin to impact the mound system. Hence, the proposed fiont setback variance. Statement of Hardship: The applicant has included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The existing residence was built in 1945 prior to current zoning standards, prior to current zoning standards. 2. The structural coverage on the lot is increasing but still below the allowed 15%. 3. The well and septic system are in location that are not affected by the proposed addition. 4. The adjacent properties are not affected by the attached garage/bedroom addition. 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the front yard setback variance to construct an attached garage/bedroom addition. W2>2849 Steven Jacobson 41 S3 Sixth Avenue North 11/15/2002 Page 2 of 3 ANALYSIS WORKSHEET Lot Area: RR-IA Lot Area Required 5 acres Actual 1.02 acres Structural Lot Coverage: V •-1 •* #02-2149 Steven JacolMon 4IIS Sixth Avenue North I I/I S/2002 PtfeSofS Total Lot Size Total Structural Coverage 44,249.79 s.f.Allowed: 6,637.5 s.f. (15%) Existing: 1,358.9 s.f (3.07%) Proposed: 1,723.62 s.f (3.9%) .■ A CITY OF^RONO - VARIANCE APPLICATION Initial Application Fee $250.00 (SSO.OO per each additional variance) Renewal Variance Fee SISO.OO (no change from original application) Variance for non-conforming structures S2S0.00 After-the-Fact Fees (Double implication fee) ApplicationU Date Received Amount Pnhl PROPERTY INFORMATION Site Address H/ ^ L ^ ^ u J ^ Property Identification Number (P.I.D.) t ^ nA - J ^ ./o'. r> Attach legal description to application if not included on required survey.U- Date Property Acquired,Toper^ icaiion Ijac^t A±±S- I (do) noQ also own the ^aewt parcels of land. w>^midential ,(month/year) Present use of property: Zoning District: i A other (specify). APPLICANT Name fS 4 ig o e. Ni Phone (home) V7 3 'tJ0 S _______________J et-c la s tJ Phone(woric) • t/j p . <}/ jo Address: Aw>r. A/ Citv: ^ ^^ ^ Zip: € ^SS'U OWNER (if different than applicant) Name Address: Phone (home). Phone (woric)_ City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost o Describe reqwst in detail: /j <i li 3''/C,^h Z. ,-v *. ^ A ^ ca tc k>g d C 4 &/VC (/ f f ^ (Attach adnitional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear .Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property co^itions prev compliance with Zoning Code requirements: < REQUIRED SUBMITTALS ter for YQur ■DDiicatinn tn con«id>r>H ^PPiiMtlffn dtniHnc ip 1. 2. Completed Application Form Certified Prope^ Owners List of owners within 150’, labels and plat man fvou must obtain this list, labels and man fmm _____ o.... “ ^ * **“P 3. must obtain this 5. 6. 7. 8. Finance, A-603. Govt Cenfeft48-5910). Certified of Survey (signed by a licensed surveyor) and include hardcover iep^*uction ** required. In addition, provide one (1) copy 8'4" x 11" for ^^graphic survey (existing and proposed elevations) if any changes in existina grade «e proiwsed. In«dd.don provide one (I) copy V/," x 11" for reptoduclio * Sketchw or plaM of floor & elevation views provide one (I) copy 8!4" x 11") the Prop^. This would include name(s) of applicants) if not current ownerfs). A^ addend^ to this application, please attach a separate list of any ^er persoM you wish notified of this application. ^ Additional items as may be requested by City staff. Owner m^t sign this application. Please remember that vour yirlaotc applitlrton h not complete if the almve information has not h>#n »n f|ndfd, APPLIC^’S SIGNATURE •^c aPPjj?^t hereby agrees to provide all information required or requested by the Zonine Admnistrator, agrees to pay additional fees (staff time not covered by original fee payment) Md/or consultant expenses incurred in review of this application, and certiSsAn^ informauon supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNER'S SIGNATURE application and further authorizes reasonable memb^rf^ consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. a Applicant must have dl submittal^ into the City offices 25 days before the Planning mission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicant must be present at all scheduled review meetings of the PUnnlng O A 1 "mny |pi A-)‘T'^ * f?n>uu*t^ Tb / • y4» ^ litimil s.■ - Ji *0 ^rccerty Oescnpbon (as pnayK/e<S />y citentj i2m^se rf<5tV 'eef. as meosarwd of ngfif oojp^s, of % •Aj* gsjrf ,v ff*a nc^^h P5 ocnts of ff^o Afcrfhoost Sya^^or c* ff*e ScrfHeast ,^/ortor of Secftoo Jf, \:0f*s/fp *fS, ffo'^ge 2J 'Wy sootf* of County ffoo^ Vv’ C 0CS formorf/ ofSC ^own os Sfofo Ar //(> ^ Ce/fofos »ron momumonf ^JK\P C iPerfofes eM^sftrrg e/ev 0 Jf notes uOk(/ pofe fi-mc (f CS acrosj •\Vc'5^N7 Aoof^on tfe^trOns to Ufotch fjr,sf$n^ ffouse il-i-o DEhiARS-GABRIEL I Wn srRVEYORS, ISC. 3tm tM0f Um0 nr« n^wnmUk mt U447 fa* i799l I ««fU0r ttei u O b mr^mf pUm «r fwpmt wm pnp^rmO kf mm ms «rMP€ wmptfHrnim mmO tMmt i mm » Omis HagimmmO lAa Imm mt gutm H 4a mmrmfO »f mm tkim 4iM Ops mf lOX.^ ■ 0mnO C C/m4 Mmg 0m. M9$i4 NSrtt '5/ T rUmUm. r/ms /•• JO 245.00 PfrmwED fof^ Mr. Sfei/e Jacobson I "■ Hu' i ■#= oj.->S‘/9 r SEPTIC XYXTEM INVENTORY Address: 4185 Sixth Ave.N. Building Type: residence BRs Install'd Permit#: 7015 Date of Permit: 6/13/95 System Type: mound Experimental: no 31 'd mr: 2 j In Musa: •118-23 11 No Installer: Don's Backhoe Appliances: Indry SYSTEM CONDITION Conformity: 1 Tank Condition: 6 DF condition: 11 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: Capacity: 1000,1000,1000 Cesspool: no DRAINFIELD Length of Lines: 90 # Lines: 3 Trench Width: 10 Treatment Area: 56*40 Type of Filter: rock,clean sand Soil Boring: yes Tile Size: 1.5 Under Tile: 9 PercRate: 49.7 Setback DF-Bldg: 10 DFHt above Wt: 3 Soil Type: silty clay loam, clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: Pump Type: subm. Well-DF: Report in File yes Depth: 108 Diameter: 4 Method: drilled INSPECTION RECORD DATE DESCRIPTION 6/28/95 replacement installation 7/24/96 no surfacing PUMPOUT RECORD COMPLIANCE DATE GALLONS 1 1 10/20/99 code system, no surfacing, pump tanks 1 fi I •V/8S \ \ /N \ ••• .. / m. /Q north clcvation « •• •» •% i f ‘ * • • *•. : n1 / ••. 'oC\ I ’ ‘. V fVh \ ' - N’*' ■*V -'*• « c-V .1 - : I ' Jt ''i .’Js ' f. (■ "'■■) V; J t ■ ■') f I.f;! ^. I •• l'-’ m XI ^ V*' r U\0^», .•.• • Cj;:> '-.J s • 1 / I. .4 \:\ I • ’. % * • \ i I : : : j« •••*•••I e V b ■j(' ; ^ : , 'f ■'.^; i .; ..f •’ '. *^- . ‘ .'I..-: •.'Cc.‘A v • (. '4, i '•■■ y'"' • ' l^i^*Sa«SaSt. ' - mm:mH; f] fe : i'Vrl^.';..' t M □9t-- V iM r G Hennepin County Taxpayer Services Departrit ^ SI- U^-33- rceUnfdnnation ; • . *1 '*• «. • . Paic«l 10 3111033111 Houm Nunibar 4100 OtTMt Nam* OIXTH AVE N TN$ 1$ noi»l$gally f9eonl$dmap. Hfapn$attlaaeo mpiMonoHNPrma&on' and data from aty. County, and Stata road aiMhortUaa ana oihar aouroaa. Wtn & RIM RATI If/ia/i2 BATCH its NEIMCPIM COUNTY fROfCRTY XNFORfUTXON SYSTEM PROPERTY ONNERS LIST TAXPAYER NANE/AOOR SO SX-110-2S 11 IttS ••MS OiCNARO PARK RD R K A N A SANSEVERK mROSERT K A NARY A SANSEVERE 7AS ORCNARO PARK RO lONO LAKE m SSS54 TAXPAYER NANE/ADOR SO 31-1U-2S 11 ••••• KOREAN FARM Rl 0 E JONMSON AKA OAV10 E JOHNSON 2S40 DELANARE AVE SUNFXSN LAKE NN 5511E PROP AOOR ONNER NAME TAXPAYER NANC/AO0R 5A S1-11A-2S 12 ••!• •422A SIXTH AVE N RAJ NANNXNO JR RO0ERT C A JULIE HANNING JR A22S CTY RO NO A LONO LAKE NN SSSS4 Si Sl*lli-2S 11 AAEA •Alts SIXTH AVE N STEVEN R STEVEN R Alii SIXTH AVE H LONO LAKE NN SSSSA Si Sl-lli-2S 12 ••12 •A22S SIXTH AVE N C J A L L LUiiERS JR CYNTNIA/LAtlRENCE LUBSERS JR A22S SIXTH AVE N LONG LAKE NN 55354 TOTAL iATCN 543 ••••7 REPORT NO. PIA35AE1 PAGE 13 3i Sl-lli-23 11 ••!! ••575 KOKESN FARM RO J 0 LESLIE A N F LESLIE JANES D LESLIE 4552 OXBOH BEND CHANHASSEN NN 55317 1 Si 31-lli-23 12 ••13 •A2S5 SIXTH AVE N H AND S HYATT VILLIAN D HYATT A235 N 4TN AVE LONO LAKE NN 55S54 • I X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS BATE ON THE RECOOS OF THE NMMEPXN COUNTY DEPARTMENT OF PROPERTY TAXATZON, TO^THTBEST OF NY KNOHIEBOE AND BELIEF. >ROrcm TAIUTXM> T& TWI 849 1 MwV.m.w*' ------------------- Application Deadline: 10/22/02 60 Day Deadline: 12/20/02 REQUEST FOR COUNCIL ACTION Department Approval: Name: Wendy Bottenberg Title: Zoning Administrator -TiNG 2 5 2002 Cl ry OF oflOA/o DATE: ITEM NO. II Agenda Section: Zoning Item Description:#02*2851 Kevin Curley & Wendy Kellett 1291 Briar Street Variances Exhibits: A Resolution B Staff Report and exhibits of 11 /18/02 Pertinent Code Sections: 1. Section 10.28, Subdivision 5 (B): Front Yard Setback: To permit a porch to be 22.4 ’ from the front lot line where SO’ is required for the RR-1B zoning district. 2. Section 10.28, Subdivision 5 (B): Side Yard Setback: To permit a porch to be 24.8 ’ from the side lot line where 30’ is required for the RR-IB zoning district. Application Summary: The applicants have requested front yard and side yard setback variances to construct a front porch to the existing residence. The proposed porch is to replace an old porch that was removed when the house was resided. The proposed porch will be 6’ X 6’ (36 s.f.). The existing residence is 28.4 ’ from the front property line, where 50 ’ is required in the RR-IB zoning district. The proposed porch is to be located 22.4 ’ from the front lot line where 50 ’is required and 24.8 ’ from the side lot line where 30’ is required. The property is located in the 500-1000 ’ hardcover zone. The existing residence and the proposed porch are still well within the allowed 35% hardcover at 21.2% (3,718 s.f.). The property is sewered. The proposed porch will result in an increase of structural coverage on the lot to 1,728 s.f. (9.8%) where 1,692 s.f. (9.6%) exists and 2,625 s.f. (15%) is allowed. Discussion: The existing residence was built in 1912. The property is located in a two acre zoning district. However, the neighborhood is more in character with half acre zoning standards. If half acre zoning standards were applied to this property the residence would not meet the front yard setback. The proposed ^nt porch still would require a front setback variance, however the porch would meet the required 10’ side yard setbKk. The proposed porch is similar to a front porch improved recently for Phillip and Constance M:j1in at 1230 Arbor Street. If you drive up and down Briar Street and Arbor Street you see many of the residences have front porches. PLANNING COMMISSION: Planning Commission recommended by a 6 to 0 vote to: Approve application as presented. STAFF RECOMMENDATION: To i^iprove the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. ‘A‘r- J* rk ^ .to F #• A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO. 02-2851 WHEREAS. Kevin Curley and Wendy Keliett, husband and wife, (hereinafter "the applicants”) are the owners of the property located at 1291 Briar Street within the City of Orono (hereinaAer "the City") and legally described as follows: Lots 4,5, and 6, Block 3, “Crystal Bay Minnetonka", Hennepin County, Minnesota, (hereinaAer “the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of a front porch to the existing house to be 22.4’ from the front lot line where 50 ’ is required and 24.8’ from the side lot line where 30’ is required in the RR-IB zoning flistrict. WHEREAS. aAcr 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 November 18,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. This application was reviewed as Zoning File ^02-2851. The property is located in the RR-IB Zoning District, where 2.0 acres is the minimum required lot area. The property consists of approximately 0.40 acres. 3.The Orono Planning Commission reviewed this application on November 18,2002 and recommended approval by a vote of 6 to 0. 4. The Planning Commission made the following fmdings of fact: Page 1 of 6 A. The existing residence was built in 1912, prior to city adoption of the cunent 2 acre zoning standards. B. The hardship is the existing house location in relation to front and street lot lines. C. The hardcover in the 500-1000’ setback zone is well below the allowed 35% D. Lot coverage by structures will be 9.8%, well below the 15% limit. E. The front porch is in character with the neighborhood. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 applicants; 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 welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of a front porch to the existing house to be 22.4’ from the front lot line where 50 ’ is required and 24.8* from the side lot line where 30’ is required in the RR-IB zoning district. Approval is subject to the following conditions: Page 2 of 6 r 1 . 1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 25 th day of November, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Miimesota 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 November, 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___day of before me. .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 hc/she/they executed the same as his/her/their free act and deed. Notary Public Page 4 of6 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/alfirmation of.,a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/tbeir free act and deed. Notary Public Page 5 of 6 M jt* .‘V,;. ■ .: • • ••• *‘X**X 'tifo /• . L..-y=- -2 140.09 ■m :0 . zs4ty «t • ii • - V % - 1 «s« U*j j «4 4 . #% « ^ >• ij-r »...;vr '? .\ % 4-%» V •c < - « ii •H •H .S ''au «V«t mf 1*^ «. 3 L*a% Ih»»% It • r 4» » ii.4< 5 .I .*;•:• i 0% L 03 »4 U.4 t-. 3 I :u«-H^UO CITV OF OEONO f s:"t FwAf.__ 2?Aj!N3 PLti^ if .irrnOvED — r A-?S3Vi£( V.'.Tri aE/l3iONS I CiSASr! BY DATE.Tg 0 t-xi- s Cfrtificitt of Sur¥fjr for Ktvin Curlty in Lots 4, 5, ft 6, Block 3, Cr/stil Biy Minotionki HtnfitPin County, Hlnntsota I hereby certify that this is a true and cor­ rect representation of a survey of the bound- «ri«s of Lots a and £. Block 3. Crystal Bay “Vnn*tonka, else Worth 1/? of Let 6, Block 3, Crystal Bay, Minnetonka described as follows: ■ffjinninc at the northeast comer of said Lot 6; -.nance south 25 feet; thence westerly parallel with the norm line of said Lot 6 to the west line thereef; thence norm to the northwest comer of said Lot 6: thence easterly to the ODint of beginning. and of me location of all existing buildings. If any. merton. It ooes not purport to show any other leprovtoents or encroachoents. M-l O ei00cd 04 COfFtk 1 G20ii9iRG. H::.)0 j^kc^y 00Kirk 5. Gronotrg Km. lIC.'^Tle. 12755 Gordon R. Coffir. Kll. Lie. Ko. 6064 Engineers. Land Surveyros. Painners CQLong Lake. Hinnesota $:elf: * mch ■ 20 fee: Cate : Woveciber 11. iJSr • : Iron Barker f?und# : Iron career s*»t 1 • TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Zoning Administrator/Planner DATE:November 15,2002 SUBJECT: i^02-2851 Kevin Curley & Wendy Kellett 1291Briar Street Variances - Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) 17,500 s.f. (.40 acre) Exhibits: A B C D E F Application Survey Topographic Map Hardcover Calculations Views Photos of Property Pertinent Code Section: 1. Section 10.28, Subdivision 5 (B): Front Yard Setback: To permit a porch to be 22.4’ from the front lot line where 50’ is required for the RR-IB zoning district. 2. Section 10.28, Subdivision 5 (B); Side Yard Setback: To permit a porch to be 24.8’ from the side lot line where 30’ is required for the RR-IB zoning district. Application Summary: The applicants have requested front yard and side yard setback variances to construct a front porch to the existing residence. The proposed porch is to replace an old porch that was removed when the house was resided. The proposed porch will be 6’ X 6’ (36 s.f). The existing residence is 28.4’ from the front property line, where 50’ is required in the RR-IB zoning district. The proposed porch is to be located 22.4’ from the front lot line where 50’is required and 24.8' from the side lot line where 30’ is required. The property is located in the 500-1000’ hardcover zone. The existing residence and the proposed porch are still well within the allowed 35% hardcover at 21.2% (3,718 s.f). The property is sewered. The proposed porch will result in an increase of structural coverage on the lot to 1,728 s.f (9.8%) where 1,692 s.f (9.6%) exists and 2,625 s.f (15%) is allowed. #02-2851 Kevin Curley/Wendy Kellett 1291 Briar Street I I/I S/2002 Page I of3 iMIK i Discussioo: The existing residence was built in 1912. The property is located in a two acre zoning disufzt. However, the neighborhood is more in character with half acre zoning standards. If half acre zoning standards were applied to this property the residence would not meet the front yard setback. The proposed front porch still would require a front setback variance, however the porch would meet the required 10* side yard setback. The proposed porch is similar to a front porch approved recently for Phillip and Constance Martin at 1230 Arbor Street. If you drive up and down Briar Street and Arbor Street you see many of the residences have front porches. History of Briar Street: Arbor Street is zoned RR-IB, most of the properties in the area are half acre lots. I'he residences in the area were built prior to the current zoning classification. Because of this, variances have been applied for and approved in the area. Staff researched only Briar Street. Two were found for Briar Street. 1233 Briar Street: New deck Average Lakeshore Setback. 1261 Briar SU«et: New residence. Front yard 35.5’/50’ required. Side yard 25.9’/30’ required. Side yard Adjacent Street I5.2’/50* required. Statement of Hardship: The applicant should also be asked for their testimony regarding this issue. Issues for Consideration: I. Does the Planning Commission feel the front porch is in character with the neighborhood? 2. The hardcover in the 500-1000’ setback zone is well below the allowed 35%. 3. 1 he existing residence was built in 1912 prior to current zoning standards. 4. The structural coverage on the lot is increasing but still below the allowed 15%. 5. The well and pipe are located 20’ to side (south) of the residence. 6. Other issues raised by the Planning Commission. #02-2851 Kevin Curley/Wendy Kellett 1291 Briar Street 11/15/2002 Page 2 of3 staff Rcconmendation: g Staff recommends approval of the side and front yard variances to construct a 6’ X 6’ porch on the front of the existing residence. Lot Area: ANALYSIS WORKSHEET RRIB Lot Area Required 87,120 s.f. (2 acres) Actual 17,500 s.f. (0.40 acre) Hardcover Calculations: Dbtance from shoreline Total area in setback Allowed hardcover Proposed Hardcover 500-1000’17,500 s.f.6,125 s.f. (35%)3,718 s.f. (21.2%) Structural Lot Coverage: Total Lot Size Total Structural Coverage 17,500 s.f.Allowed: 2,625 s.f. (15%) Existing: 1,692 s.f (9.6%) Proposed: 1,728 s.f (9.8%) e02-2851 Kevin Curley/Wendy Kellett 1291 Briar Street 11/15/2002 Page 3 of3 Application # / Itete Received /0-Z2^0Z CITY OFJDRONO - VARIANCE APPLICATION Initial /plication Fee $2S0.C0 ($50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Amount Paid ■J'TLS d PROPERTY INFORMATION Site Address St /Z ejeT Property Identification Number (P.l.D.) IQ- if? ~ 2^-3 f _____________ Attach legal description to application if not included on required survey. Date Propert j^cquired MAY ___________________^(month/year) I (do) also own the adjacent parcels of land. Present use of property: y residential Zoning District:__________________ other (specify). Phone (home) ~ -*^76 HiAPPLICANT •> A I rnone ^nome^ Name KgVlN C-uitt.SY f (0tt*0Y luCcca^r Phone (work)________________ Aiidxess: 0.*^I STfZ. p.o.6oy-*il Citv: (?a.ysn\c Ra-t, Zip: ys32S OWNER (if different than applicant) " Name Phone (home) Phone (work) Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ^nthiT Pc ft c 14 gePLAcCtueMT. OU) foiCH-u>A<;. opp loHEiO Nguo^'tOiiufai UiAS Pu.ror4 ttou^g f tqsq.^__________ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width Hardcover .Lot Coverage >4 Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:________________________ (attach additional sheets if necessary) #28 IX tJ A REQUIRED SUBMITTALS M ttf tht follffwing infornutwn muit hc.submitted bv the application deadUn# «!»#> order for your application to be con«M*red cnmpigfg; 1. 2. 3. 4. 5. 6. _ Completed Application Form Certified Prope^ Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 854" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (I) copy 854" x 11" for reproduction. 7. 8. ✓ ‘ -------------, r—« *» icpruaucuon. oketcnes or plans of floor & elevation views (provide one (1) copy 854" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. _ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance aPDlication is not complete if the above information hail not heen APPLICANT'S SIGNATURE 'The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) wd/or consultant^ expenses incurred in review of this application, and certifies that the information supplied is tnie and c»ect to the best of his/her knowledge. i ■ W /J C\, iiV..^ Applicant's Signature IS ime ana ^ect to the best of 7 i Date __lo-22-OZ' OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and fiirther authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Conunission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled reriew meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. r f ij • 4 I c4 inBcm Certificate of Survey for Kevin Curley in Lots 4, 5. & 6, Block 3. Crystal Bay Minnetonka Hennepin County, Minnesota I hereby certify that this is a true and cor­ rect representation of a survey of the bound­ aries of Lots 4 and 5. Block 3, Crystal Bay .•'Vnnetonka. alss North 1/? of Let 6, Block 3, Crystal Bay, Minnetonka described as follows: Beginning at the northeast corner of said Lot 6; thence south 25 feet; thence westerly parallel with the north line of said Lot 6 to the west line thereof; thence north to the northwest corner of said Lot 6; thence easterly to the point of beginning, end of the location of all existing buildings, if any, thereon. It ooes not purport to show any other improvements or encroachments. COFFIN & 6R0N3ER6. INC. Gordon R. Coffin KN Engineers, Land Survr Long Lake, Minnesota :i:aie Date < 1 inch = 20 feet November li. 1957 Iron marker found Iron marker set tH • • f^io. 12755 . No. 6064 oo . Palnners CQ • d/ HARDCOVER CALCULATION WORKSHEET SETBACK ZONES (CIRCLE ONE) 0-75* 75^0’ 250-500*700-1000* O HARDCOVER IN ZONE A. House // Ko . L*«lg& X- X X S.F. • 5.F. S.F. S.F. 20F3 KEVIN CURLEY 1291 BRIAR STREET crystal bay . MN 55323 lake state REMCX)ELERS 8245 LAKELAND A VE NORTH SUITE 208 BROOKLYN PARK, MN 55428 UC 820047291 i *. * . .► ► •V , r - it V.', ■*' VA-v^,• . # I Vm« '^M?'-'-A^'i Hr h ^ ^ V ,*-V?*-*-»4 ' *. .* N :'K-: • -''^‘'.v" !i ’ >■ t / / / / ■' :• ; w. y*» -V' ' r- '''•:; *■..! .t ^ .ji'* i*»OiJ‘I; ;xA>:,.-i*'yK- fc^.v^r - . .• ••^..**':rT'S3^ *^- V - . I* . r.^ t-' - ' .• • ■ tV., V •%, <-• ‘0 '-...v,-.. .'f •• WSsMb 1 >C/UPS 5®; - i*« .*v**« -•TOwn 9^ REVISED REQUEST FOR COUNCIL ACTION NOI' 2 5 iSBi DATE: November 25,2002 ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Scrvices ’s Directors Report Item Description: Casco Circle Drainage Project There is an existing old 8” clay tile drainage pipe, which has been inplace for many years, that drains a low point in the Casco Circle Park. This existing pipe is located in a 60' wide platted street Right of Way from Casco Circle Road to Lake Minnetonka. This pipe has failed and needs to be replaced with a new directionally bored pipe. Quotations from directional boring contractors for the installation of a new pipe have been received. This pipe needs to be replaced this fall in order to prevent water from draining across Casco Point Road during the spring snowmelt season. Our recommendation is to accept the lowest quotation in the amount of $10,950.00 from Red Pederson Utilities. We are also recommending that this project be funded from the Stormwater Utility Fund which will require a budget adjustment. COUNCIL ACTION REQUESTED: Accept quotation for the Casco Circle Drainage Project from Red Pederson Utilities, Hopkins Minnesota in the amount of $10,950.00. Approve a budget adjustment for the year 2002 Stormwater Utility Fund in the amount of $10,950.00 for the Casco Circle Drainage Project. ■ ius£ i}\ A mm \ ............. REQUEST FOR COUNCIL ACTION 2 5 2002 DATE: November ITEM NO.: /5 Department Approval: Nanc Gregoiy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services’s Directors Reportm Item Description: Hennepin County Property Infomuition Data Base Agreement- Resolution The City has an agreement with Hennepin County for electronic access to the Hennepin County Property Information Data Base. This allows access to the public information regarding properties in this data base. Information such as legal descriptions, valuations, special assessments, deeds arid easements can be viewed with this system. The primary use of this system is for the electronic completion of Property Homestead Applications. The existing agrwment expires at the end of this year. The County has provided a new agreement that will not expire each year, but will remain in effect until canceled by either party We are recommending approval of the resolution authorizing execution of the Hennepin County Pioperty Data Base access Agreement. r A RESOLUTION AUTHORIZING THE CITY OF ORONO TO EXECUTE AN AGREEMENT FOR THE USE OF HENNEPIN COUNTY'S PROPERTY INFORMATION DATA BASE WHEREAS* the County has developed a computerized property information data base { hereinafter referred to as "Property Information Data Base (PIDB)") and which is described in the Hennepin County Agreement attached hereto and hereby made a part hereof; and WHEREAS* the City of Orono desires to use the County's PIDB in the course of conducting the City’s business; and WHEREAS, in acknowledgment of the Entity's above stated purpose, the County is agreeable to provide to the City access to the PIDB described in Exhibit A; and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said PIDB. the agreement. NOW* THEREFORE, be it resolved that the City Council authorizes execution of Adopted by the City Council of the City of Orono this 25th day of November, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor 'W Page 1 of 1 li AGREEMENT Contract No. A021012 THIS AGREEMENT, made and entered into between the COUNTY OF HENNEPIN, a political-subdivision of the State of Minnesota, hereinafter referred to as "COUNTY” and City of Orono, P.O. Box 66, Crystal Bay, MN 55323-0066. hereinafter referred to as "SUBSCRIBER"; WITNESSETH: NOW, THEREFORE, the parties hereto agree as follows: A. The COUNTY shall allow the SUBSCRIBER file inquiry access to certain Information contained In COUNTY computerized data files through SUBSCRIBER owned computer equipment operating in conjunction with the COUNTY computer system. 1. The SUBSCRIBER shall be solely responsible for selecting obtaining, installing, maintaining, repairing, modifying and/or replacing any equipment used to access or attempt to access the computer system. At SUBSCRIBER’S request, the COUNTY will furnish information concerning equipment the COUNTY believes to be compatible for requested access. 2. The SUBSCRIBER agrees to install and maintain and keep up to date virus protection software and firewall technology on each personal computer or device being connected to the COUNTYs network. The SUBSCRIBER agrees to upgrade virus protection software and firewall technology to keep at the most current version. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized access through the SUBSCRIBER’S equipment and for any virus being transmitted to COUNTY computer systems. 3. During the term of this agreement, the technical aspects of connections may change which may require change or action by SUBSCRIBER. SUBSCRIBER will receive notice of any required changes and will be expected to comply within the specified timeframe indicated in the notice. Unless absolutely necessary, specified timeframe should not be less than 30 days. 4. SUBSCRIBER agrees to protect and keep private and secure, any access passwords given to SUBSCRIBER, and to not release passwords to any unauthorized individual. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized use of the access password(s) by any authorized or unauthorized individual. B. The COUNTY shall set forth costs, billing infcmation and type(s) of information which the COUNTY will permit the SUBSCRIBER to access in Exhibit A. attached hereto and made a part hereof by this reference. SUBSCRIBER shall be responsible for the payment of any and all file inquiry fees, connection charges, telephone line or frame relay charges where appropriate, and any related installation/de-installation charges. SUBSCRIBER will be billed by the COUNTY on a monthly basis and may be billed separately by the telephone company for the telephone or frame relay charges Payment shall be made by SUBSCRIBER within thirty (30) days after receipt of each said bill. Connection and telephone or frame relay charges shall be payable whether or not SUBSCRIBER has accessed the information during any month SUBSCRIBER is permitted to access such information. IT Form Contract Rev. Nov., 2002 C. It is understood and agreed that if it is determined by the COUNTY that it is necessary to aiiocate time and capacity utiiization of the computer system in order to carry out COUNTY activities properiy, the COUNTY may reduce or discontinue service for such iength of time as the COUNTY may deem appropriate. The COUNTY, in good faith, shaii endeavor to notify the SUBSCRIBER prior to any such service interruption whenever the COUNTY shaii determine the pertinent circumstances reasonabiy permit such notification. D. The hours of service furnished hereunder are subject to the provisions of paragraph D and generaliy iimited to the business hours observed by the COUNTY at the Hennepin County Government Center and, therefore, wiii be observed as foiiows: 1 . Monday through Friday - 8:00 a.m. to 5:00 p.m. 2. Service wiii not be avaiiabie on holidays or other time off observed by the COUNTY. 3. The COUNTY reserves the right to change said business hours and shall give written notice to SUBSCRIBER of any such change. Access to this service may also be available (at the COUNTY’S sole discretion) at times beyond normal business hours. E. 1. The COUNTY does not warrant or guarantee the performance of the main computer system, the telephone lines and/or cabling, or any software and/or equipment in connection or in association with any or all of the foregoing, nor does the COUNTY warrant or guarantee any programming utilized in any of the above. Further, the COUNTY shall have no obligation or liability whatsoever concerning any aspect of the telephone line or frame relay lines. It is speciricatly understood by the SUBSCRIBER that changes and adjustments are made in the official records from time to time which may be in process at any given time; and, under the circumstances, the information received by **■. 3 SUBSCRIBER will be subject to such changes and adjustments. Accordingly, errors or omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the SUBSCRIBER. Further, the SUBSCRIBER specirically understands and agrees that the service furnished under this Agreement is subject to the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions, damages, reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder, the sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability for nonperformance or any deficiencies with respect to said services, shall be limited to restoring the services and/or any def ciency in said service as is reasonably possible under the pertinent circumstances. SUBSCi^lBER fully understands and agrees that the COUNTY may change, modify and/or replace s: id computer system and any components thereof including, without limitation, any related equipment, software, wiring and/or cabling, and that. Incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility between SUBSCRIBER’S equipment and said computer system, thus necessitating, perhaps, the replacement of, changes to. and/or modification of SUBSCRIBER’S equipment to access said computer system; and that in any such event the COUNTY will in no manner be liable for the costs and/or damages which are sustained by SUBSCRIBER and which are. In any respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that SUBSCRIBER shall bear the full costs thereof. In no event shall the COUNTY be liable for actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has IT Form Contract Rev. Nov.. 2002 been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damages. 2. Supplemental to and in no manner in limitation of the foregoing the following is set forth: The information furnished and to be furnished has been and shall be obtained from the COUNTY’S records and is believed to be reliable. But the accuracy, completeness, timeliness or correct sequencing of the information is not guaranteed by COUNTY. There may be delays, interruptions, omissions or inaccuracies in the receipt of the information. The SUBSCRIBER agrees that the COUNTY shall have no liability, contingent or othenmse, for the accuracy, completeness, timeliness or correct sequencing of the data, or for any decision made or action taken by SUBSCRIBER in reliance upon the data. THERE IS NO WARRANTY OF MERCHANTABILITY. NO WARRANTY OF FITNESS FOR PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND. EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE. F. 1. During the contract period, the COUNTY may change any portion of the monthly charges, provided that a thirty (30) day written notice be given to the SUBSCRIBER prior to the effective date of the change. Any such change will appear on the appropriate monthly billing, except that any telephone line or frame reiay charge change shali not require written notice but shall be effective immediately and shall be payable when included in the monthly billing presented to SUBSCRIBER as provided herein. Additional connections and accesses to information may be requested in writing at any time. If access is authorized, the appropriate description and charges will be outlined in an Exhibit bearing an exhibit letter in proper sequence to Exhibit A. and be attached to and made part of this agreement. 2. This Agreement shall commence on the date of its approval by the COUNTY and remain in effect until cancelled by either party. Rates charged for this service are reviewed annually by the COUNTY and rate changes take effect January 1st of each year. Notice of any rate changes affecting this service will be sent out along with a revised exhibit 30 days prior to the effective date. These rate changes will take effect on the first of January. 3. This Agreement may be cancelled with or without cause by either party giving 30 days prior written notice thereof to the other party. G. SUBSCRIBER agrees that during the term of this Agreement, in addition to the fees/charges provided herein to be paid, it will promptly pay all taxes, assessments and other governmental charges. If any, levied or assessed upon the services furnished hereunder to SUBSCRIBER, and SUBSCRIBER will promptly pay or reimburse the COUNTY for all taxes levied or assessed against and paid by the COUNTY on account of its furnishing services to SUBSCRIBER hereunder. H. In the event the SUBSCRIBER shall fail duly and promptly to perform any of Its obligations under the provisions of this Agreement, the COUNTY, at its option, may immediately, or any time thereafter, perform the same for the account of the SUBSCRIBER without waiving such default, and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest maximum rate permitted by applicable law until paid by the SUBSCRIBER to the COUNTY, shall be payable by the SUBSCRIBER upon demand. IT Form Contract Rev. Nov.. 2002 i. 1 . There snail be deemed to be a breach of this Agreement: (a) If the SUBSCRIBER shall default In any payment due hereunder and such default shall continue for a period of ten (10) days after due; (b) The County may terminate this Agreement Immediately upon SUBSCRIBER’S default or breach of any term or condition contained herein. (c) If SUBSCRIBER, without the COUNTY’S prior written consent, removes or permits any of the same to be used by anyone, or sells, pledges, assigns, hypothecates, transfers, subleases or othenwise disposes of or encumbers this Agreement or any part hereof or any part thereof or attempts to do any of the aforesaid. 2. In the event of SUBSCRIBER'S breach of this Agreement, as herein defined: (a) The County may cancel this Agreement upon written notice to SUBSCRIBER. (b) The SUBSCRIBER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and/or also In canceling or terminating this Agreement. (c) All sums due and to become due hereunder, at the COUNTY’S option, shall become payable forthwith. (d) The COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and/or to recover other damages sustained by the COUNTY on account of such breach, the SUBSCRIBER shall pay a reasonable sum as attorne/s fees. J. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing, none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. K. SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. The SUBSCRIBER shall defend, indemnify and hold the COUNTY harmless from any and all liability, claims, damages, judgments, costs (including reasonable attorneys ’ fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the SUBSCRIBER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and or possession of information provided hereunder, SUBSCRIBER’S access to the computer system, including without limitation, the obtainment, installation/de-installation IT Form Contract Rev. Nov., 2002 ^..1 and/or existence of telephone lines and any and all activities related thereto, and/or relating to the ownership, use or operation of SUBSCRIBER'S equipment and/or software and Items relating to such software and/or equipment, and from all loss or liability by reason of failure of the SUBSCRIBER, In any respect, to perform fully or observe all obligations under this Agreement. L. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows; TO SUBSCRIBER;City of Orono City Manager P.O. Box 66 Crystal Bay, MN 55323-0066 TO COUNTY;Hennepin County Administrator A-2300 Government Center Minneapolis, MN 55487 Copy to:Division Manager Information Technology Operations A-015 Government Center Minneapolis, MN 55487 Either party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. M. No oral agreenwnt, guarantee, promise, condition, representation or warranty shall be binding: all prior conversations, agreement or representations related hereto are integrated COUNT^^ no modification hereof shall be binding unless in writing and signed by the N. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Hennepin County shall be the appropriate venue and jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any provision of the Contract is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. O. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint ventures or co-partners between the parties hereto or as constituting the SUBSCRIBER as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. The SUBSCRIBER is to be and shall remain an independent SUBSCRIBER under this Agreement. Any and all personnel of the SUBSCRIBER or other persons, while engaged In the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY. IT Form Contract Rev. Nov.. 2002 P. The COUNTY'S failure to insist upon strict performance of any covenant. Agreement or stipulation of the Contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant. Agreement, stipulation or right unless the COUNTY* r consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, Agreement, stipulation or right Q. Upon the date of approval of this Contract by the County, Contract A10360 shall be cancelled imntediately and Contract A021012 will commence. SUBSCRIBER having signed this Agreement, and Hennepin County having duly approved this Agreement on the _____________day of. 20__, and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions set forth herein. COUNTY OF HENNEPIN. STATE OF MINNESOTA BY; Deputy/Associate County Administrator Approved as for form and execution; Assistant County Attorney Date;____ City of Orono By;. And; Its City organized under: Statutory Option A.Options Charter tr Fonn Contract Rav. Nov., 2002 1 Exhibit A to Agreement A021012 CityofOrono 2003 In addition to other terms stated herein, in the above referenced contract, of which this Exhibit A is a part, this Exhibit A includes provisions relating to a frame relay clrcuit(s). I. The COUNTY will provide Inquiry-only access to the following public informaUon systems: Property Information System: Access to this system will permit viewing of current real estate tax Information, including legal descriptions, valuations, special assessments and other public data retained in the Property Information Systems. Document Recording System: Access to this system will permit viewing of current information, including document Images of, documents filed with the County Recorder (Abstract) and Registrar of Titles (Torrens) and retained in the Document Recording System. II. Usage Charge A file inquiry fee of $.0157 per transaction will be charged monthly for Inquiries to the system. III. Connection Charges (Network Support Charges) The SUBSCRIBER will be charged $23.00 monthly ($17.00 basic and $6.00 host) for each workstation connected to Hennepin County ’s teleprocessing network. Each additional connection will be billed appropriately. The City of Orono currently has three (3) connections. IV. Telephone Lines/Frame Relay 1. For purposes of the aforementioned contract (including this exhibit), the term "telephone line(s)" includes various forms of systems and data circuit?, and without limitation any and all lines, cabling, communication circuits, and/or data circuits in connection witti the frame relay circuit and/or related equipment, components and/or software associated with any of the foregoing. 2. SUBSCRIBER understands and agrees that the County will not be responsible in any manner for accessing and linking any portion of SUBSCRIBER'S frame relay drcuit with lines and/or connections owned or used by the County. 3. The County will assume no liability for services of any kind and equipment provided by Qwest, LOGIS or any other person or entity. The County will only be liable to the extent expressly set forth in said contract. 4. SUBSCRIBER understands and agrees that SUBSCRIBER, Logis and/or other person - not the County - will, at SUBSCRIBER'S expense: a) provide, maintain, diagnose and correct problems of, and support such frame relay and its access link; rr Form Contract Rev. Nov.. 2002 r b) be responsible for the installation and configuration of the IBM 3270 emulation or Attachmate Extra software; c) be responsible for the configuration of members wide area network to support the bridging protocols required for access to the County; d) diagnose and correct problems with the 3270 emulation or Attachmate Extra software, provided that the County when requested by SUBSCRIBER will render such assistance as the County deems it reasonably can provide; such assistartce shall be rendered only from County premises consistent with the terms and conditions of said contract, and e) notify the County of planned outages that will affect the SUBSCRIBER. • • ' V ‘iil^V' • .$>. * ■». I ' t IT Fonn Contract *tov. Nov.. 2002 S NW .? ' 2002 REQUEST FOR COUNCIL ACTION Ciry OK OflONo DATE: November 25,2002 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director ’s Report Item Description: Extension of Hennepin County Agreement for Mapping Data Use - Resolution On July 12,1999 the Council approved a resolution authoii/ing the City to enter into an agreement with Hennepin County for use of computerized mapping data generated by the County. This agreement lu^ds to be renewed on an annual basis. We are recommending approval of the attached resolution authorizing the extension of this agreement until December 31,2003. COUNCIL ACTION REQUESTED: Motion to approve resolution authorizing extension of the agreement with Hennepin County for use of computerized mapping data. lAA iUBi A RESOLUTION AUTHORIZING THE CITY OF ORONO TO EXTEND AN AGREEMENT FOR THE USE OF HENNEPIN COUNTY'S ELECTRONIC PROPRIETARY DATA BASE WHEREAS, the County has developed an electronic proprietary geographical digitized data base which was designed using an automated mapping facility software product which proprietary geographical digitized data base is hereinafter referred to as “Electronic Proprietary Data Base (EPDB)” and which is described in the Hennepin County Conditional Use License Agreement attached hereto and hereby made a port hereof; and WHEREAS, the City of Orono desires to use the County's EPDB in the course of conducting the City’s •‘usiness; and WHEREAS, the County Intends that any additions and modifications to the EPDB relating to the County remain wholly compatible with the County ’s EPDB for the period of the copyright and information added to the data base by either the County or the City shall be made available to either party; and WHEREAS, in acknowledgment of the Entity's above stated purpose, the County is agreeable to provide to the City the EPDB described in Exhibit A; and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS, on July 12, 1999 the City Council approved Resolution No. 4321 authorizing execution of the Agreement. NOW, THEREFORE, be it resolved that the City Council authorizes e.xtension of the agreement through December 31 ,2003. Adopted by the City Council of the City of Orono this 25th day of November, 2002, ATfEST: Linda S. Vee, City Clerk Barbara Petersoii, Mayor iUmCtyUfmmwfi Page 1 of 1 I Agreement No. A18439 HENNEPIN COUNTY CONDITIONAL USE LICENSE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Ta.xpayer Services Department, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County”, and the City of Orono, hereinafter referred to as the “Entity”. For purposes of this Agreement, the address of the County is A703 Government Center, Mirmeapolis, Mirmesota 55487*0073 and the address of Entity is 2750 Kelley Parkway, Crystal Bay, Minnesota 55323. WITNESSETH a WHEREAS, the County has developed electronic forms of certain data bases and an electronic proprietary geographical digitized data base hereinafter referred to as “EPDB”; and WHEREAS, the Entity desires to use the County’s EPDB in the course of conducting the Entity’s business; and WHEREAS, in acknowledgment of the Entity’s above-stated purpose, the County is agreeable to provide to the Entity the EPDB, and WHEREAS, the parties agree that the execuaon of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS, the County exclusively owns the EDPB which is the subject of this Agreement and has the authority and legal tight to grant Entity a license to have and use the EPDB as provided in this Agreeme.''.!; and • • WHEREAS, the EPDB is trade secret or confidential information under the Minnesota Government Data Practices Act and is governed by Minnesota Statutes sections 375.86 and 13.03 as well as other applicable state and federal law. NOW THEREFORE, in consideration of the premises, as well as the obligations herein made and undertaken, the parties hereto, intending to be legally bound, hereby agree as follows: Foiml (10/98) 1.1 Section 1 SCOPE OF AGREEMENT This License Agreement sh?Il apply to the EPDB, which Hermepin County will provide to Entity, after a specific request has been made to County. Section 2 GRANT OF LIMITED LICENSE 2.1 The County hereby grants the Entity a non-exclusive, nontransferable and nonassignable limited use license to use the EPDB which includes self developed computer software imder Miim. Stat. § 375.86. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE 3.1 The Entity acknowledges and agrees that the EPDB is the exclusive property of the • County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the EPDB as trade secret and confidential information, which Count>' entrusts to the Entity in confidence to use in the conduct of the Entity’s business. The Entity further acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and method of arrangement of data which is identified as being subject to copyright protection; is self developed computer software under Miim. Stat. § 375.86 and is an entire or substantial and discrete portion of a pattern, compilation, method, technique, process, data base or system developed with significant expendiiure of funds by County under Mirm. Stat. § 13.03. The Entity agrees ttiat the County owns and reserves all lights, protection and benefits afforded under federal copyright law in all EPDB furnished to the Entity as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said EPDB, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in cr to any EPDB of the County. The Entity acknowledges that it is granted only a limited right of use of such EPDB, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in any EPDB of the County. r 4.1 4.2 4.3 Section 4 PROTECTION OF PROPRIETARY INFORMATION Obligations of Confidentiality, Limitations of Use. The Entity shall neither disclose, furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, Ae EPDB of the County and its unique design, arrangement or method of arrangeoient in its electronic form furnished to the Enti^ to (1) any other person, firm, entity, organization, or subsidiary, except as expressly auAorized hereunder; or (2) any employee of the Entity who does not need to obtain access thereto in connection with the Entity’s exercise of its rights under this Agreement. The Entity may have and tise the EPDB on a corporate>wide basis and shall have the rights to use the EPDB cn a limited number of sites, provided the equipment on which the EPDB is maintained supports only equipment operated by the Entity and the EPDB is used only for the conduct of the Entity’s own internal business by Entity employees. All employees having access to the EPDB shall be informed of the requirements contained in Section 4 hereiiL The Entity shall not otherwise copy or reproduce any EPDB of the County. Under no circumstances may the entity disclose or disseminate any EPDB to any other public or private entity. The obligations of the Entity to protect confidentiality which are es‘.ablished by this Agreement apply to the EPDB itself and not to any graphic representation or products produced by *he Entity while using the EPDB. Any authorized consultants, contractors or agents of Entity must properly execute and file a separate EPDB Conditional Use License Agreement with Hennepin Couitty. The Entity expressly agrees to use the County’s EPDB in the ordinary course of its business and all such use shall bear a notice of copyright by Hemiepin County. Secure Handling. The Entity shall require that all EPDB be kept in a secure location at 2750 Kelley Parkway, Crystal Bay, MN 55323 and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to EPDB protect same against unauthorized use, dissemination or disclosure. Entity agrees it will ..ot knowingly or negligently allow its employees, ar .’nts or independent contractors to copy, sell, disclose or otherwise make the EPDB available to others. Entity agrees to immediately notify the County by telephone and in writing if Entity becomes aware of any unauthorized duplication, sale or other disclosure. Entity further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the EPDB and taking all steps Entity takes to protect information, data or other tangible and intangible property of its own that Entity regards as proprietary, confidential or nonpublic. Except for off-site backup, the Entity shall not remove or cause or allow to be removed from the Entity’s place of business or the place of business of any EPDB or any copy thereof without the prior wiitten consent of the County, which consent shall not be unreasonably withheld. Assistance of the Entity. At the request of the County and e.xpense of the Entity, the Entity shall use good faith a.nd reasonable efforts to assist the County in identi^iag 1 r.iivri^I iifciiii iiiiiaaM iifwr in iiripii 4.4 5.1 use, copying, or disclosure of any EPDB by any current or former Entity persoimel — or anyone else who may have come in possession of said EPDB while the same was in the •Entity’s possession - in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary us^ may have occurred. Survival of Confldentialify Obligations. The Entity’s obligations respecting confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control an> EPDB furmshed by the Counfy. In addition, the County shall remain entitled to enforce its copyright and propriety interests In all EPDB. Section 5 TERM, TERiVnNATION The Entity and the COUNTY agree that this Agreement is in effect during the period commencing January 1,1999 and terminating December 31, 1999. This Agreement shall commence fi’om the date hereof, unless sooner terminated by either party with cause upon three (3) calendar days’ written notice to the other. The expiration or termination of this Agreement shall automatically without further action by the County terminate and extinguish the license. In the event of any such expiration or termination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wherever located, and without demand or notice. Within five (5) days after expiration or termination of this Agreement, the Entity shall return the EPDB and all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. 5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or allowed by law*, equity or statute. 5.1.2 The County’s failure to insist upon strict performance of any covenant, agreement or stipulation of the Agreement, or to exercise any right herein contained shall not be a w*aiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. Any such wrinen consent shall not constitute a waiver or relinquishment of such covenant, agreement, stipulation or right. 6.1 7.1 7.2 7.3 Section 6 JUNCTIVE RELIEF The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or My pM^reof could cause irreparable harm and significant injury to the County, which may he difficult to measure with certainty or to compensate throii^ damages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity and/or any other person or entity injunctive reUef against the breach or threatened breach of the foregomg undertakings, in addition to any other equitable or legal remedies which may be available. Section 7 OTHER TERMS AND CONDITIONS No Agency. The parties hereto are independent contractors, and nothing herein shall be constmed to create an agency, joint venture, partnership or other form of business association between the parties hereto. No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, of agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remec .es available to either party at law, in equity, or othemise. Governing Law. This Agreement shall be governed by and construed in accordar .:e with the laws of the State of Minnesota. 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between the parties, and there axe no understandings or agreements relative hereto other than those that are e.xpressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5. No Assignment. Neither party shall «sign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE EPDB ON AN “AS IS” BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED ^ • » WARRANTIES, INCLUDE^G BUT NOT IN ANY MANNER LMTEDiTO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILlTy OR THE ACCURACY AND COMPLETENESS OF THE EPDB. THE COUNTY’S SOLE LIABILITY AND THE ENTITY’S EXCLUSIVE REMEDY FOR ANT SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. THE EPDB WERE DEVELOPED FOR THE COUNTY’S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. 7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or lost of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the Entity agree each wll be responsible for their own acts and omissions under this A^eement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions o'the other party under the Agreement and the results thereof. The parties ’ respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party’s failure to fulfill its obligations under this Agreement. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To the Entity:City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 F ■c • > '5 • • • 7.9 7.10 To Hennepin County: Hennepm County Admimstrator A*2300 bovemment Center (233) Minneapolis, MN SS487o0233 Copy to: • •Robert L. Hanson • • Hennepin County Chief Rifbimation Officer A-1900 Government Center (190) Minneapolis, MN SS487>0i90 Copy to:Patrick H. O'Connor Director, Taxpayer Services Department A*600 Government Center (060) Minneapolis, MN 55487-0060 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are mcorporated into and made a part hereof by this reference. Survival of Provisions. It is eiqpressly understood and agreed that the obligations and warranties of the Entity under Sections 3,4,5,6,7.6, and 7.7 hereof and the obligations and warranties of the Entity and the County which by their sense and context are intended to r.urvive the performance thereof by the Entity and the County, shall so survive the completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this License Agreement on behalf of Entity represent that they are duly authorized to execute this License Agreement on behalf of Entity and represent and warrant that this License Agreement is a legal, valid binding obligation and is enforceable in accordance with its terms. I 11 ■ ■ fiani iir¥i>o fiirf [ r • • • • COUNTY ADMINISTRATOR APPROVAL ■“ ENTITY, having signed this agreement, and the CounQr having duly approved this agreement on the day of OtA 199^. and pursuant to such iq;>proval, the proper County officials having signed^i^ontract, the parties hereto agree to be bound by the provisions herein set for^ • . > Approved as to form [on m Fermi (10/98) COUNTY OF HENNEPIN STATE jQF MINNESOTA )u^/CotmQr AdminiiAssistant/Depu^/Coun^ Administrator CITYOFORONO City Clerk / ^;^ger 8 Cfsttttmtt ••-^NG REQUEST FOR COUNCIL ACTION ^^ 2 5 2002 Cl I y u^ DATE: November 25,WiaI ITEM NO.: Department Approval: Name Oregoiy A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services’s Directors Report Item Description: Accept Donation from Trinity Lutheran Church for Park Improvements Trinity Lutheran Church has made an $800 donation to the City for improvements at Seven Nations Park. Hiis money will be used for stump grinding and removal, and landscaping around the park sign. Last year, the church made a donation for two benches that were installed in the park. Council needs to formally accept this donation COUNCIL ACTION REQUESTED: Motion to accept $800 donation from Trinity Lutheran Church for Seven Nations Park Improvements 1 F . REQUEST FOR COUNCIL ACTION 2 5 2002 CITY OF OHONU DATE: November ?J,^002 ITEM NO: /(> Department Approval: Name RonMo'*rse Title City Administrator Administrator Reviewed: Item Description: Payment Requen^Long Lake Fire Station Agenda Section: City Administrator's Report The City has received two invoices for payment for work related to the fire station. BKV Group, for architectural services in the amount of $4,898.86. GME Consultants, Inc., for engineering and soil testing services from July 1, through October 5, 2002, in the amount of $4,366.77. COUNCIL ACTION REQUESTED: Motion to approve the requests for payment as follows: BKV Group in the amount of $4,898.86, and GMI£ Consultants, Inc. in the amount of $4,366.77, to be funded from the Joint Fire Account. •Ultog CrMp RfilMt Total*: Project 1515.01 October 25.2002 Paf*2or2 Rdmbursables EmcnM Color Copies Copy Paper 8 1/2 X li DaUvoiy Service Expreos Mail Services Fax Loi^ Diit Telephone Chrss Mileage/Travel Photo Pioiab Pociage Reimbunahles Totals •!i^» < 6)0 232. Si 3610 17 BO 8 00 114 52.93 20 08 22 96 S396 86 BSliag Croup Tool:S39686 Project Totals: *** layolce Total ***$44198.16 •ittiag Soaunary Pioftssional Services Rdinbumble Bspensee: Outside Scfvieas: Other Servicas and Fees: Finance Charges: TtKaK Total: Currant S4.502.00 S396.86 SO.OO SO 00 SO.OO SO.OO Friar S20S.8S8.97 S14.419.18 SI 0.237.03 S0.00 50.00 50.00 S2 S $ S4.S98.86 S230.515.18 JasM Ip.360.9i 14.816.04 IP.237.03 SO.OC SO.OC SO.OC S2:5A14.0- C00/C00*4 1910#aXVT 9N0T iO XI13 ZZ96 9Lt ZS6 98101 8008.t.0*AOll r T-* Constructive Ideas Planning & Preconstruction Services • Project Cost Analysis • CPM Scheduling November 12,2002 Ms. Michelle Morse, City Administrator City of long Lake 1964 Park Avenue P.O. Box 606 Long Lake. MN 55356 Re: Long Lake Fire Station - GME Invoice Dear Michelle: Attached for your information and action is a copy of Invoice No. 15234 from GME Consultants, Inc. for Engineering and Soil Testing Services at Long Lake Fire Station from July I through October 5,2002. This should be paid under the Owner’s Special Testing part of the project. If you have any questions, please contact me. Sincerely, CONSTRUCTIVE IDEAS INC. William A. Wolters President i. . . I r*' * Y • I • • -N /lai Enclosure cc: V‘‘l(on Moorse - City of Orono Ron Kirk - KPMI 901 leflenoa Avenue, Suite 300 • St. Paul. MN S5102 • (631 )lH-4740* Fax (631)225-4741 www.coHandKhedulecom F.aiMi4n MNSMS i7fMS»-liSI Invoice «%XM IITIImmAmwmW. MNSSflt • i MtftMildQ.IUt.rf.Mlflft 15U4 J 'I : 4^ iTAWt M ■flau tfST.Mprlmr SiOMO S3MJO S2/<61j00 ttuo S«7ia0tt«Mi4lMraaa Ssll] WAjn I d9 2iMI«SlOi»p«l mm tm siMi«nrof»iui tSSjM iiMtfsnjopviM mm fMuOd S-%MiMi9 )l wlliMtIJOrvnN MUB trn fwrmi nif t00/C00 ‘l CtZOf iia UVI 9N01 JO AIXO iMf m ffi m gt'ii ti/n/T ZJii 9tl ZU C2>CT ZOOZ.Zl'AOM ] ISM ttllJlpvqffW* iMAHIApvM SMl» iSMO rraDcmnvoiat fiJtm jm “w “*as Mi »00/»0C ‘4 CUOf TRf tm tsn fiM07 JO AJXO liic tit iti ifi n>n lo/n/n im m JS6 CJtCt JOOJiJT'AON FT ,,,•MG 25 2002REQUEST FOR COUNCIL ACTION CITYOFOflo^O DATE: November 21,2002 ITEM NO: H Department Approval: Name RonMoorse Title City Adminislntor Administrator Reviewed: Agenda Section: City Administrator's Item Description: Application^ Certificate for Payment No. 7-Long Lake Fire Station Rochon Corporation, the General Contractor, has submitted Application and Certificate for Payment No. 7 in the amount of $220,035.00. This application 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 approve Application and Certificate for Payment No. 7 from Rochon Corporation in the amount of $220,035.00, to be funded from the Joint Fire Fund. i BKV O > C U AfchiMctur* Interior OMign Erginggrlng 222 North 2nd Strttc HifinoapoUs. MN 5S40I Phon«dl2.339.37S2 Fax 61 2039^212 Date: October 31.2002 Attention: Michelle Morte Address: City of Long Lake 1964 Park Avenue P.O. Box 606 Long Uke. MN 5S356 Re: Long Lake Fire Station Project No.: 1515.01 WE ARE SENDING YOU: Q Shop drawings l~~l Prints D Plans Q Samples Q Specifications CH Copy of letter I I Change order |3 Other TRANSMITTED VIA: □ Mail Q Messenger Q Fax Q Other C C iPiFS OATF NO _ ^ DESCBIPTlOfSC .. - - - ................................ - • 2 Application and Certificate for Payment No. 7 1 \ 1 ___________i 1 THESE ARE TRANSMITTED as checked below 13 approval O Approved as submitted Z] For your use I As requested For review and comment □ FOR BIDS DUE__________ Approved as noted Returned for corrections Other Resubmit Submit_ Return copies for approval copies for distribution corrected prints t] PRINTS RETURNED AFTER LOAN TO US liEMARKS: Enclosed are two copies of Application and Certificate for Payment No. 7 for work performed on the Long Lake Fire Station Project. This application has been certified in the amount of $220,035.00. Please process for payment to Rochon Corporation. • ' f• •. * If. Mr” - ■I Thank you. Nan Gustafson \ry COPY TO: Bill Woliers, Constructive Ideas, 901 Jefferson Avenue, Suite 300, St. Raul. MN 55102 Bill Hays, Rochon Corporation,3650 Annapolis Lane North, Plymouth, MN 55447 ROUTE COPY TO: CABK, 1515.01 0^^O]\ 1 1 i 5-01 \0US\Ciir* 112-owfi«r*n|*p«7 doc If •ndoturaf art not as noMd. kifidijf noeiy us K onc«IOTl/02 liaaitsitMiiiiaibBeaAs r. WAIVER OF CONSTRUCTION LIEN, PAYMENT BOND AND LIEN FUNDS November 1,2002 For good and valuable consideration, the undersigned hereby irrevocably and unconditionally waives and releases any and all (a) righu and claims for a construction or other lien on land and buildings being constructed, altered, erected or repaired and to the appurtenances thereunto, (b) rights and claims on any payment bond(s) furnished in conjunction with said construction, alteration, erection or repair, and (c) rights and claims for lien on money, bonds, or warrants due or to become due to the prime contractor therefor. The property covered by this waiver is owned by City of Long Lake (owner), is located at 340 Willow Drive. Long ^ke. MN is described as Long Lake Fire Station and this waiver pertains to a portion of the work to be performed by Rochon Corporation (prime contractor). This waiver covers all labor, material and supplies for construction, alteration, erection, and repairs furnished by the undersigned under a contract with City of Long Lake through the date of this waiver in the amount of TWO HUNDRED TWENTY THOUSAND THIRTY FIVE A 00/100 DOLLARS (5220,035.00). This lien waiver is not valid until the amount listed above has been received. 1 IWU^WVMU^AAAAAAAAAAAAAAAAAAMAAI xcr.• •:U7»GHARDT :-t:*r:E£0TA :i J-.tC1.20C5 . . . wW'rVeV'tf Company Name Rochon Corporation Contractor Waiver Form Its Vice President MOMICOWTMCrOKt: H%0 Um Manh. Lut 10I Wywmil. MN 11447 coNTMcrmt 14M« Ukr kiN SUM VIA lAACMITICTl: H m MtfVi SlTMt MMt««to44. 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S1)74 10| 1 1.224 71 tOfAi 1 « iMAACt roMMM WTMlMf 14 41211 21.120 u 2 724 1) 11.102 00 III 000 210 )1 102.2)2 00 1 *7| 11.42100 1 )I110 11.212001 || '*1.101 00 2.4)1 11 0001 ^1 $by^000 0001 ^1 11.0 00 000 000 1 0 1 42 900 000 22.4COOO 1111 dooiT ) 120 00 17)11)00IDcl 00(iri) 11 0 00 I 1 )21 700 41 1 If I 101.012 07 1 lf.l)0 22 0001 72.1412i|ii| )411I0i| 2.117 4| rOTAi PEgTgiatgT?innnT«TT»Ti ami REQUEST FOR COUNCIL ACTION NOV 2 5 2002 err i ut OHOfto DATE: November 21,^002 ITEM NO: Department Approval: Nanc RonMoone Title City Administrator Adminiatrator Reviewed:m Agenda Section: City Administrator ’s Rqwrt Item Description: Extension of Moratorium Regarding Telecommunications Towers-Ordinance Applications Related to The City is continuing its efforts regarding the update of its telecommunications tower regulations. As these efforts are not yet complete, it is necessary to extend the current moratorium on applications related to telecommunications towers. Attached is an ordinance extending the current moratorium to June 10, 2003. COUNCIL ACTION REQUESTED: Motion to approve the attached ordinance extending the moratorium regarding applications related to telecommunications towers to June 10, 2003. I I * : ? ■ ^; I ^ - 3 \ ORDINANCE NO.SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATION FACILITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION I. Statement of Policy. Tht purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Interim Moratorium. To facilitate the purpose stated in Section 1, the City Council finds it necessary to extend the period of the moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. The moratorium is to be extended to June 10,2003. SECTION 3. Study of Telecommunication Facilities. For the purposes of this Section, the words used herein shall have the following meaning: 1.Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2.Facility - any antenna, tower, or structure associated with the transmission, e.nissi jn or reception of telecommunication signals. SECTION 4. Effective Date. This ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall be effective upon approval and publication. vote of Adopted by the City Council of Orono on this 25th day of November, 2002, by a ayes and____nays. ATTEST: Barbara A. Peterson, Mayor Linda S. Vee, City Clerk Page i ofi MHMW A NW 25J002REQUEST FOR COUNCIL ACTION CITY Oh* OflONo DATE: November 21,^002 ITEM NO: /9 Department Approval: Nanc Ron Moorse Tilk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Resolution of Appreciation to Minnetonka Portable Dredging N:inneiOi*ka Portable Dredging played a key role in the success of the recent Big Island clean-up effort. They provided barges and dumpsters to transport the junk and debris from the Island, and they did st/ at a much reduced cost. Attached is a resolution of appreciation for their assistance and generosity. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution of af^neciation to Minnetonka Portable Dredging for their assistance and generosity in providing dumpsters and barges for the Big Island clean-up effort. • % RESOLUTION NO. Ul.vl:: A RESOLUTION OF APPRECUTION TO LAKE MINNETONKA PORTABLE DREDGING FOR THEIR ASSISTANCE WITH THE BIG ISLAND CLEAN UP WHEREAS, an effort was recently held to clean up junk and debris that has accumulated on Big Island over the years; and WHEREAS, this effort required the use of dumpsters, which had to be transported to the island by barge; and WHEREAS, Lake Miiuietonka Portable Dredging provided the barges and dumpsters for two weekends of clean up efforts, and these were provided at a much reduced cost. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby express its sincere appreciation to Lake Minnetonka Portable Dredging for the key role it played in the Big Island clean up effort and for its generosity in providing the dumpsters and barges at a much reduced cost. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 25"' day of November, 2002. ATTEST: Linda S. Vee. City Clerk Barbara A. Peterson, Mayor ¥ I -- REQUEST FOR COUNCIL ACTION NW 2 5 2002 CITY Ot^ OI DATE: Novembcrl??ft02 ITEM NO: Dcpartmcot Approval: Nane Ron Moorse Title City Administrator Adninbtrator Reviewed:Agenda Section: City Administrator's Report Item Description: Elimination of the Facility Rental Charge from the Police Service Cost Allocation The efforts the City has been making in relation to restructuring for the provision of fire service; beginning with the twenty year fire service agreement with the City of Long Lake, and including the positions the City has taken with both Maple Plain and Mound; have included opposition to the payment of rent related to fire facilities. The Council has determined that the rent issue should also be addressed in its police service cost allocation process. The police service costs currently include a rental charge related to the police facility. This charge is $50,420, which is a relatively low rate that has not changed for a number of years. Since the cost allocation formula results in the City of Orono paying 70.67% of this cost, the elimination of the rental charge would result in a revenue reduction of $14,788. This cost reduction would be shared among the three police service contract cities according to the cost allocation formula COUNCIL ACTION REQUESTED: Motion to approve the elimination of the facility rental charge from the police service eost allocation process. * •mm I —»# *4 REQUEST FOR COUNCIL ACTION Oo^ •• •«%< ^ 25 2002 DATE: NovemlBa^Q;i2gp^^^^ ITEM NO: Department Approval: Name Lin Vee Title City Clerk prqval:i-Administrator Reviewed: Item Description: List of Licenses for Coun^ Approval 'A ANNUAL LIQUOR LICENSES Club On Sale Liquor Off Sale Liquor On Sale 3.2 Beer Off Sale 3.2 Beer On & Off Sale 3J Beer Spring Hill Golf Club 725 Sixth Avenue North Wayzata Country Club 200 Wayzata Boulevard Woodhill Country Club 200 Woodhill Road 12 Hi Liquor 2160 West Wayzata Boulevard Navarre Liquors Inc. 3421 Shoreline Drive Lakeview Golf of Orono, Inc. 405 North Arm Drive Orono Golf Course 265 Orono Orchard Road South O’Sullivan's 2420 Shady ’wood Road O’Sullivan’s II 3340 Shoreline Drive Navarre Lanes 3435 Shoreline Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed license(s). Agenda Section: Licenses ONE DAY GAMBLING - RESOLUTION Orono Hockey Boosters, Inc. Pancake Breakfast - Orono High School Cafeteria Sunday, January 19,2003 A RESOLUTION APPROVING THE APPLICATION OF ORONO HOCKEY BOOSTERS, INC. FOR A ONE DAY OFF-SITE GAMBLING PERMIT whereas, the Orono Hockey Boosters, Inc. are licensed to conduct lawful gambling activities; and WHEREAS, the Orono Hockey Boosters, Inc. propose to conduct a one day off-site gambling activity (raffle) as part of its annual pancake breakfast at the Orono High School on January 19,2003; and WHEREAS, the Orono Hockey Boosters, Inc. are required to obtain approval of the off-site gambling activity from the city in which the activity will occur. NOW, THEREFORE, BE IT RESOLVED, the Orono City Council does hereby approve the application of the Orono Hockey Boosters, Inc. to conduct a one day off-site gambling activity (raffle) at the Orono High School on January 19,2003. 2002. Adopted at a regular meeting of the Orono City Council this 25th day of November, ATTEST:Barbara A. Peterson, Mayor Linda S. Vee, City Clerk f. r'*« Memo To; From: Date: Subject: Lin Vee, City Clerk Chief Goo<^ 11/19/02 ^ Orono Hockey Boosters, Inc. We have reviewed the request for the Orono Hockey Boosters Gambling Permit • One Day Permit for Sunday January 19,2003. This annual event has been well managed and has occurred yearly without complaint. I have no objective with the issuance of a one day permit as requested. '•'hi ---------- Minnesota Lawful Gambling LG220 Application for Exempt Permit Fee - $25 Offlanization Information Or^nization name Previous lawful gambling exemption nljmber Page 1 of 2 3/01 For Board use Only Fee Pari Check No. Street Name of chief executive officer (CEO) First name State/Zip Code e or treasurer Last name lame (re First name Last name Type of Nonprofit Organization County Daytime phone number of CEO Daytime phone number of treasurer; Check the box that best describes your organization n Fraternai ^1 1^ Religious n Veteran P^Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: D IRS letter indicating income tax exempt status Certificate of Good Standing from the Minnesota Secretary of State's Office A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board IT will be conducted (for raffles, list the site where the drawing will take place) Address (do not use PO box)City State/Zip Code County / Date(s) of activity (for raffles, indicate the dale of the drawing) Check the box or boxes that indiclate the tvo^of oambfino acth/itv vnnr nmani7ation lAim ka ^Equipment for these activities must be obtained from a licensed distributor. This form v. ill be made available in Your name and and your organization's the foliowrigMSoard members, staff of the alternative format (i e large print. Braille) name and address wi be public informaton Board whose work assignment requires upon request. The information requested when received by the Board. Al the other tha* they have access to the information; on this form (and any attachments) will be information that you provide will be private ihe Minnesota Department of Public Safety; used by the Gambling Control Board data about you until the Board issues your <he Minnesota Attorney General, the (Board) to determine your qualifications to permit When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, alt of the mformation that you have Administration. Finance, and Revenue, the Minnesota You have the right to refuse to provided to the Board in the process of Minnesota Legislattve Auditor, national and supply the information requested; however, applying for your permit wi become public, international gambing regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your an the information you have provided in the individuals and agencies that are quaUfcations and. as a consequence, may process of applying for a permit remains specificaly authorized by state or federal refuse to issue you a pennit. If you supply private, with the exception of your name law to have access to the information: the information requested, the Board will and your organization's name and address individuals and agencies for which law or be able to process your applcation. which wM remain pubSc. legal order authorizes a new use or sharing Private data about you are avalable only to of information after this Notice was given; and anyone with your consent. rfBai Memo To; From: Date: Subject: Lin Vee, City Clerk x.l Chief Stephany Goodj^-- 11/19/02 Liquor License Renewal Applications I have reviewed the liquor license application renewals and wish to pass on the following information: 1) Navaare Liquors, 3421 Shoreline Dr. Navaare. No changes, no violations during the past year. I recommend approval for off sale license renewal. 2) 12 Hi Liquor Inc, 2160 W. Wayzata Blvd. No changes, no violations during the past year. Off I recommend approval for off sale license renewal. 3) Woodhill Country Club - 200 Woodhill Rd. No changes, no violations during the past year. I recommend approval for on sale and Sunday renewal. 4) Spring Hill Golf Club Inc. 725 6"* Ave N. - No changes, no violations during the past year. I recommend approval for on sale and Sunday renewal. 5) Orono Public Golf Course, 265 Orono Orchard Rd S. - No changes, no violations during the past year. 1 recommend approval for 3.2 percent malt liquor license renewal. 6) Lakeview Golf of Orono, 405 North Arm Drive - No changes, no violations during the past year. I recommend approval for 3.2 percent malt liquor license renewal. 7) Wayzata Country Club, 200 Wayzata Blvd. - No changes, no violations during the past year. I recommend approval for on sale and Sunday renewal (pending insurance certificate). 8) O’Sullivan’s 2420 Shadywood Road. - No changes - compliance check violation 7/26/02 is being dismissed with no like and similar through city prosecutor, ICR 02-3431. I recommend renewal of off sale license for 3.2 beer. 9) O’Sullivan’s, 3340 Shoreline Drive - No changes, no violations. I recommend renewal of off sale license for 3.2 beer. 10) Navaare Bowling Lanes, 3435 Shoreline - No changes, no violations. I recommend renewal of the on and off sale license for 3.2 beer. I would also like to inform our liquor establishments that there is a coalition of business, faith, school, law enforcement, youth, and conununity groups known as Partners in Prevention that support a standard of non-use of alcohol, tobacco and other drugs for youui. ^ The police department tq)preciates the work that our business owners have done in training their employees and raising the awareness level of the consequences of youth access to alcohol. I wish to extend our appreciation for the work done by our business community in ensuring compliance to underage drinking laws - it is much appreciated. Minnesota Depanmem of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street* Suite 133 St. Paul. MN 55101-5133 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 ______RENEWAL OF LIQUOR. WLNE, OR CLUB LICENSE No Uctnst »ill be approved or related until the $20 Retailer ID Card fw h fcceived by MN Uquoc Control LICflUCt: Please verify your license information contained below. Make conections if necessary and sign. Citv Cletk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the Ucenie period. City CIcrk/County Auditor arc also required by M.S. 340A.404 S, 3 to report anv license canccUation. *■ •' new J1CL0N5SLicense Code _ City/County where license approvedOrono Licensee Name Spring Hill Golf Club Inc. License Period Ending t P/.7t/Pr>r>pin^ PAPI Trade Name Spring Hill Golf Club Licensed Location address 725 6th Hvo N City. State. Zip Code Business Phone Orono. MN 55391 7473-1500 LICENSE FEES: Off Sale SO. 00 1,00. CO On Sale S Sunday S 200. 00 By signing thb renewal application, applicant certiHcs that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for farther information needed to complete thb renewal. AnpUcanfs sinnature on this renewal conHims the following: Failure to report anv of ihe followinp will result in Bnx. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so. give details on back of this application. 2. Licensee confirms that it has never had t liquor license rejected by any city/tow nship/couniv in the slate of Nlinnesou. If ever rejected, please give detaib on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for anv liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewai. then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes. attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in citv/countv H *bmt '*'*"** ** bsued. $100,000 in cash or securities or $100,000 surely bond may be submitted in lieu of liquor ' Date /g////Licensee Signature (Signature certifies all above information to be conyTand license has been appro\eJ by ciiy/couniy.i City Clerk/County Auditor Signature___________________________ (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature______________________________ County Board issued licenses only (Signature cenifies licei^ b eligible for license). ~ Policeffheriff Signature------/______________________________________________ Date /k (Signature certifws licenserOnSiociales yTnot b^cited during the past five years for any $taiefiocal4uor Uw violaii^ (cnminal/civil). Report violations on back, then sign here. ^ _____________________________________________ PS 9093-98 ^ *xsa i Minnesota Depanment of Public Safety Alcohol and Gambling Enforcement 444 Cedar Sneei. Suite 133 St Paul, MN 55101-3133 651-296-6979 • TTY 631-282-6535 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE. OR CLUB LICENSE No Ucense will be approved or released until the $20 Retailer ID Card fee is received by NLN Liquor Control LIct d sw: verify your license infonnation contained below. Make corrections if necessary and sign City Clerk/County Auditor shwl'* ubmit this signed renewal with completed license and licensee liquor liability for the ca^latio^ Clerk/County Auditor arc also required by MA 340A.404 S. 3 to report any license new License Code MPi nMgg City/County where license approvedOrono License Period Ending lg/31/gQQg ID# 119fi Licensee Nome Uayzata Country Club Inc. Trade Name Uayzata Country Club Licensed Location address 200 Wayzata Blvd/BoK 151 City, Stale, Zip Code Orono, MN 55391 Business Phone 952/473-6646 L1CEN.sk FTFiS Off Sale $0* 00 On Sale $ OiOfi, 00 log.w Sunday S 200. 00 By signing this nnew^ appUcation. applicant certifies that there has been no change in ownership on the above named licensw. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. AppUtant ’s slgnalwrt jn this rtntwal confirms the following: Fail ure to report anv of the follow^ny ttip jn An n , 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. pcensce confirms that it has never had a liquor license rejected by any ciiy/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below 3. Licensee confirms that for the past five years it has not had a liquor license revoked for anv liquor law violation (state or local). If a revocation has occunred. please give details on the back of this renewal, then sign belo • 4. Licensee confirms that during the past five years it or its employees have not been cited for anv civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. LtcenMc confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes. attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. liability. Licensee Signature (Signature certifies all above Urination to^^^p^ect and license has been approved by citv/county.) City Clerk/Coutity Auditor Signature _____________ Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as suted above.) County Attorney Signature_____________________________ County Board issued licenses onlyj^ignature certifiesjjcensee is eligible for license). Signature ^___________________ Date // /o ^ (Signature certfies Ucenset^r asso^iate^ve not been cited during the past five years for any stateflocal liquor law vioL^s (cnminal/civil). Report violations on bac^ then sign here. »««e/iocai iiquor taw vioiauons PS 9093-98 Minnesoia Depaitment of Public Safely Alcohol ond Gambling Enfoncmcnl 444 Cedar Sueet. Suite 133 Si. Paul, MN 53101-3133 631-296-6979 • TTY 631-282-6333 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE So Uceiwe will be approved or released until the $20 Reia ilcr ID Card fee it feceived by NIN Liquor Coatrol r^i i^®***’ ***'?“ information contained below. Make corrections if necessary and sign. City cancellation. License Code Mri niuci City/County where license approvedOrono Licensee Name Woodhill Country Club Inc, License Period Ending 1 P/.T1/POOP ir>;» 391 Trade Name Uoodhill Country Club Licensed Location address SOO Woodhill Rd City. State, Zip Code Orono, MN 55391 Business Phone 952/473-7333 UCEMSEXEES: Off Sale $0.00 On Sales AOO. 00 Sundays 200.00 By ti^g this nnewal application, applicant certines that there has been no change In ownership on the above named liccnm. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. AppliCiDfa iignatlirc oathb renewa l conllniu the foUowIna; Failure to report any of the foUftwIny will result In Bn.« 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give detaiis on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by anv citv/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal! then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for anv liquor law violation (State or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liauor Liabilitv Law (Dram Shop) MS 340A.802. If yes. attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license penod. (Signature certifies all above information to be correct and license has been approved by ciiy/county.) City Clerk/County Auditor Signature _____________________ (Signature cenifics that renewal of a liquor, wine or club licens* has been approved by ihe city/county as sutedlb^ County Attorney Signature __________________________________ County Board issued licenses onlv (Signature certifies lic^see i$ eligible for license). P».lice>Sh.riffSl,.atut. ______________________Da. -------------------------------------------------------------------------------- PS 9093-98 Minnesota Depanmcnt ol Public Safety Alcohol and C^ambling llnforcrinenl 444 Cedar Street. Suite 133 St Paul. MN 5.S 101 5133 651-296-6979 • TTY 651-282-6555 • Fas 651-297 52.59 ______RENEWAL OF LIQUOR. WINE. OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period City Clerk/Counly Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code License Period Hiuline _J.2/31/2002 7.90a City/County where license approvcd.QporiO Licensee Name Trade Name 12 Hi Liquor Inc 12 Hi Liquor Licensed Locution address 2160 U Uayzdtd Blvd City. Slate. Zip Code Long Lake^ MN 55356 Business Phone 952/249-9358 LICENSE FEES: Off Sale S 150. 00 On Sale S 0. 00 Sunday S 0.00 By signing this renewal application, applicant ccrtirics that there has been no change in ownership on the above named liccn.see. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further infurmation needed to complete this renewal. Applicant*! signature on this renewal confirms the following: Failure lo re|M>rt an y of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor estahlishmcnis in Minnesota If so. give details on back of this application 2. Licensee confirms that it has never had a liquor liceiive rejected by any ciiy/tuwnNhip/county in the state of Minnesota. If ever rejccied. please give details on the back of this renewal, then sign below 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or liKal). If a rev(K*ation has occurred, please give details on the back of this renewal, then sign below 4. Licensee confinm ihal dunng ihe past five years it or iis employees have not been cited for any civil or cnminal liquor law violations If violations have ixcurred. please give details on back ot this renewal, then sign below*. 5. Licensee confirms that during the past licen.se year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A 802 If yes. attach a copy of the summons, then sign below 6. Licensee confirms that Workers Compensation insurance is in elicci for the full license pentnl Licensee has attached a liquor liability insurance certiHcate that corresponds with the license period in cily/county where licease is is.sued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature Date (p O'^ (Signature certifies all above infomuuon to correct and license has been approved by city/county.) City Clerk/County Auditor Signature________________________________________________Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the ciiy/county as staled above.) County Attorney Signature_________________________________________________________Date ____________ County Board issued licenses only Signature certifies licensee is eligible for license) Police/Shenff Signature Date !S only^ignaiure certifi^ l^'ensei or associates ^e not been cued c(Signature certifies licens8Tor associates not been cued during the past five years for any state/loc (criminal/civil). Report violations on back, then sign here liqucx lailaw violations PS 9093-98 Minnesota Depanment of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street. Suite 133 St. Paul. MN 55101-5133 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR. WINE, OR CLUB LICENSE _ No license wUI be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Llttmt: Please verify your license information contained below. Make corrections if necessarv and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. CHy CIcrk/Counly Auditor are also required bv 340A.404 S. 3 to report anv license cancellation. License Code OFSL City/Counly where license approved.Orono License Period Ending 12/3172002 |[y^ 6641 Licensee Name Navarre Liquors Inc. Trade Name Licensed Location address 3431 Shoreline Dr/PO Boh 117 City, Stale. Zip Code Navarre, MN 55392 Business Phone 952/ 471 -8000 LiCEN.S|i: FEES- Off Sale $ ^On Sale $0.00 Sunday $0.00 By signing this renewal application, applicant certines that there has been no change in ownership on the above named licensee. For changes in ownership, the Ucensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. APPUcam ’l aimature on thi$ jea ewa i connims the following; Failure to report any of the foltow Inu will r^uU t« 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so. give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/tov\nship/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal! then sign below! 3. Licensee confirms that for the past five years it has not had a liquor license revoked for anv liquor law violation (state or l(Kal). If a revocation has occurred, please give details on the back of thi^ renewal, then sign below 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes. attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insn.'-ance is in effect for the full license penod. Licensee Signatuiy (Signature certifier all above^fotmation to be c^ct and license h« been approved by cit>/couni\ City Clerk/County Auditor Signature ______________________ ^3,^ Dat eW^ (Signature certifies that renewal of a liquor, wine or club license has been approved by the citv/county as stated above.) County Attoroey Signature County Board issued licenses only (Si| Date Police/Shcriff Signature (Signature certifies licensee (criminal/civil). Report violations on ^is eligible for license). \ rs only (Siufoture cenifies lice^yis elig ortSafci^s hay^ been cited during the past five years for any statefiocal liquor law violations back, then sign here. Date /f PS 9093-98 mm Kiinil Ida, IX'S-AfiiaHrMlMM tm Nptafl IJn^viw f» tHI XI iun linMNr Ii>r rifiiii n imm l<fOO^OO«2S RETAIL ”ON SALE" &tatE of dlinnesota. COUNTY OF........Mtnntpln Citx Orono To the.. P**/ Cojfncll.............of (ho...........City..................of......9F?."® ..................................................................................state of Minnesota: Grant Rutsrll Venksttrn hereby appL . . for a Uconao for the term of.............®.*\« ................................................................. frvm Ow........'trot..........................................dt\yof.......................................................Ytar ...............to$eU At Retail Only/ 3JI Malt Liquors oj the same are defitwd by laiv; fat cotuumpthm *tW thoaa certain premiaoa in the.................................. ..................................jy.............................of..............9f?pp.......................... deacribed as foiotva, Ithwil:......................................................................................................................... Lakaview Golf of Orono, Inc. 405 North Ara Drlvn of iWilcsh piece aaki applicant... .operate. F. .the bu^neaaof ..............iWkltC anti to that end reproaent.9. .and atate.§. .aa foUowK That aakI appileani ..........AAA................... . cAImmi . ...of llto Vnttod Slaiav or good moral character aud npulvi anddiatv ..........atlalneil the ogoofTt ycam that . P.W*. X^ttoprictor. ...of the oatabliahmant for which the iicenao iv/// bo iaauad if thia appUcatlon ia granted. That no nmnufoauivr of aurh nan-intoxicating nuilt liquors ha.s any ownership, In iv/io/o or In pan. In aaki business of aaki applicant. ...or any interoat titeroin; lhat aaid applicant... .nutko. f..thla application pursuant and aubject to all Uw laws of tlw State of Mimwaota and the onitnanena atu! regulatlona of aaid ...................................................................................... applicabietltoretth wItMt are hereby made a part hereof, and hereby agree. 5. .to observe and obey the same; lllMSISk V «My. nf lural Each applicant funher atatea that by the commencement of buainma and by July f of each aucceeding year aaki applicant will harepaki Ute Federal Special Occupational Tax to the Bureau of Alcohol, Tobacco and FIroarma fur a retail dealer. Dated ... .U.' ......................Fief.V.4-i.. ^ a^ - -ooao a • • • fJO. AMnm. 71 JP.. .<9, .^K»rh fkM,.............. .................................................................................................................... G C‘ Ti Funil No, 13S«A|»trHiw IMT AHdi Unmm %m Ml ajiMdi liiiMMr *i»r rrmlM %mm RETAIL «ON SALE" i^te of IRinncEOto. t. COUNTY or.. .¥??nf pA".city,•OF.... To .9??!*.®.*.^...........of the................P.MX.............of...........o.W*? ......................................................................................Stale of Minnesota: fP.n .§t?f/•nhW} hereby eppi. #fP. ..fora Ucenae for the term of.....................9?f. XW..................................................... from tlw .... .......................................of...........................................................Year.............,toaell At Retail Only, 3.2 Malt Liquors a» tiw aamo are defined by law, for eonaumpUon thoee certain prmhea In the............................. .............................QUx............................................of................OrpAa ...................................................... d&GHbod a» Mmrik io>wtl:............................................................................................................................. Orono Coif Course 265 Orono Orchard Road South ‘ at which place sakl appllauU... .op»ate. A .the buaUwaa of... . S9^/. .^PMW and to that end repreaont.9. .and atate.. a.aa foUowa: ritat aald applicant........A*. .......................HUaen. ...oftlw United States; of good moral charaefezr and tepute; and%avo.........attalnml the age of Si yeara; that Ron .Stef fenha(van .lyro|>dercM*... .of the eatabllalunent for whldt the license will be Issued If this a/i/i/icalidfi is |p*anroci. That no manufacturer of such non^IntOMlcatlng malt liquors has aty^ ownership. In whole or In part, in sakl busintma of saltl aiqdicant,. ..or akqt Interest therein; Tltai said ap§dicant... .make. P. .this application pursuant and subfect to all the laws of the State of Minnesota and tlw ordinances and rqg^ilatlons of s.dd .................C.i.toc..................................................... appUcablo thereto, which are hereby made a part hereof, and herelw agree. P.. to observe and obqy tiw same; Star* tioio oitwr ripiteoMinit^ tf wt locol niMailoMi Each applicant furtiwr states that by the comnwncoment of business and by July I of each succeeding year said a^icant will have paid the Federal Special Occupational Tom to the Bureau of Alcolud, Tobacco and Firearms for a retail dealer. tktied .......................................Snif. PXt.AdAtm p N«. Ibf Ml I i. MAIM u«M*'tiir ifm lifciioN mtCM MO tormyii I 3t^ of minncsotQ, RETAIL “OFF SALE” CMwrjri/-----"•SSlSPi.!! To the.--------City. Cponcll City of the..City of„„ Orono Orono ... John N. O'Sullivan ..State of Minnesota: aaaoMaaiai i hinkf -------for a ttctnttfar Ikt lem of ----£!!«. Jf.«i!jr, to StttW90OWrMM**M**«»*««( In Original Packages Only 3 J Mall Liquors, « Iko some art io/iati bf taw, for toasampUoa "OFF- ikoio ttriaia prtmiitt ia tkt. f I Ti.w..i...........,..fiLL3 fii.ii........,.,,....ii.,i,,,,,„,......Orono intribtiosfolkmta to^wit: O'Sullivans 2420 Shadyvood Road a/ wkiek pioeo toU opplicoot ......a/»#rsi#...a.......the kotioeti of............ aad to tkot om4 MpMUHt....k.on4 oi follows: Tkol mid oppllcoitl,;,,„,,oXkook .....................cjVj2#m.......•/ Iko Vnilod Slotoi; of good iwonl choraclor aainpatt: oaika .....anoiati tkt ogt of 2! ytort; r*or..Job.i..O.'.SuIll.v«'’..ij}..............propritior. of the tUablitkmtal for wkkk Iko lictatt will be Inati (flklt appliealloa It graaltd. Tkal loU ^pll<aal.,....make..a,..lkls applieoiioa partaaai oa4 labjetl to all iHt laws of the State of Miaaetola aad ike ordiaaaeet aad regalaiioat of said............f.Ltjr.........................apptieabte Ikerelo, wkiek are kereby atade a part kereof, aad hereby agree..b..lo obserre aad obey Ike saaie: lUtfo sioia oshsY»—ss — Each applieani farther stales lhal_ he Is aol aow Ike koUer of, aor kas_ he madr appliealioa for, aor does_ ke lalead lo aiake appliealioa for a Federal Kelail Dealer's Speelal lax Haatp for Ike sale of ialoxleallag llgaor. Dated.•».t.oo»..iS.ao»o»o ^OOf..ttfCl^o••••• ••••••••••••••••••• ............ Applieoai F.O. Address...^2]f..J.^. ................. aoooo^Ailo^^MsS^oooooo,/fl.{l!ooa.,^o^o^O.?!Z,•••••••••••••••••a a HMRaMgrfrtttiairnf H ill a a aa i f h mMsrnmwnnmim 9 3ntc of lllinncsota, RETAIL **OFF SALE** C§9iniftf To the.__£iiy„Council '^^^**^***^^*******^*^^*^-^****—^-TTTtf IttWOt ^ City Orono ^ UlC;.,.......Cf,*y,Orono 9——^9^^iSlale of Minnctola: John M. 0*8ulllvan ....,»^MlktUt€/9ftktitm yhi« M#----flrat _______Ay -«n&JE«2JL January toiett In Original rMiafcs Only 32 Mall Liquors, •I tkt itmt Oft tft/W »/ l0w. hr €00r„m,li0n “OFF- /Atft ttfft/o ^rtmtitt /o l^t........................ -City ......................... Y Orono 4ntHM0tf0tt0m, $0-wk; O'Sullivans 3340 Shorallna Drive •I whkk pl0t0 $0U 0fplit00t....0p0f0i0„M.....Ike kntkeii ef.-----R?.?.®.UnF7.F.P.nXSnAf.P.F.f.. •.KSF.?......... ................................................................................................................................................................................ !• raif ilalr.X... ai /a//#«rj: r*el laM ew«rea/............lo..a...................</><(««.......e/i*, sielii; 0/1004 0,010! tk0r0ct*r 004 ref0ie; 004 km .....allaiattf ike ege 0/ 21 gemn; f*a/......Jobn..O.'SlUXl]riUlL.lj|.........prmprUimr......0/ike eii0klhkmie0if0r »Uek Ike Utene will ke tii0e4 (flkli 0pplk0ll00 U grm0ie4. ^kml 10U ^pU€00l„*;,0i0ke»»k*»»lkii 0pptic0ii00 penmmmi 004 Mnkjed 10 0U ike imwe 0J ike Simie mf Ml00ei0l0 004 Ike 0r4i000eet 004 rtg0lmil00i 0/10U.............City.........................mppliemble iktrtim, mkUk mre kerehy 0,m4e 0 pmri kereef, 004 hereby 0gree..0.,l0 ebteree 004 ebty Ike M«t; >Moat,oriwol»«f« £acA 0pplit00i further dmiet Ik0l_ ke h 00I 000 Ike keUtr ef, atr *tf _ ke m*4t eppitcmiluu for, 0or 4011 _ ke I0ie04 10 uteke eppUtmllem for 0 Fe4ermi Ketmil Dernier’s Speeimi tms timutp for ike sole ef lelesleetlug llguer. D0ie4,llnn%[••saaaaMaaaaaa********##*,20*2^..—____________ ..............._________________________________________________ ^ AppUt00l....... F»0» ^^^ftft*»*«*^3*^*/C»***^*^M*»•**#*•*»*#,**,*^*^,,^^^,^ ___________ ‘ i ■ —I L l iii iil Nil. I.T1~A|«|4ii aliiiM fttr nmtll tJkrtmr i«f SHI i I Mall IJ«|iHir ‘tMT IWMI tlKAoii SrtMmt and SoiMt l«»MO «» RETAIL *'ON SALE" ^ate of ilifnneoota. COUNTY or.... ............................city.Orono To tlio.............or the.........P>.V....................of.....0.*;°".®... ...................................................................................stale or Minnesota: Daniel Scherven horoby appt. .. for a Hccn§o for the term of ........9*?*. y®?.**....................................................................... from the ... ...........................................dsy of ........................................................IVar............., to nett Al Retail Only# 3.2 Malt Liquorti as Itw satiHi arc dcfhietl by taw, for consumiHion *YI/V** those rvrtahi premises in the .................................. ....................................City. desertbod as foknvs, to-\vlt:.. Orono Navarre Lanen 3435 Shoreline Drive at iWi/c/i place said applicant,,, ,otfcrato,a . ,tho business of ........bovllng. JLoaeQ and to that end represent, A ,and statefi,. ,as follows: That said apfdicant............la.a......................citison.,, ,of the United States; of good moral character and repute; anJha%'0..........attainoil the age of 2i years; that 3. . .proprietor,,. ,of the vstabllsltment for ivhicit the ticense iW// bo issued If this appUealion L% granted. 77iat no nutnufacturor of such non-lntosicatlng matt liquors h.is any ownership. In whole or in part. In said business of said apidirant.. ,.or any interest therein; Tlial said ap/dicant,,. .make, A .titis application pursuant atni subjixt lo all f/ic laws of the State of Minnesota and tlio onlinant^ and regulations of said...................................................................................... applicable thereto, which arc hereby made a part hereof, and hereby agree, ft,, to observe and obey the same; UNnv MMa Mlwr rwiulnMiinUi^ e sttf, st lurol nutiloilwiil Eacit applicant further states that by the commencement of bu.%incss anti by July I of each succeeding year said applicant iW// ha¥e paid the Federal Spedal Occupational Tas to the Bureau of AtMhtd, Tobacco and Firearms for a retail dealer. Oiloil........././.T/fl^.........Tttr.^^. Applicmttl.... P.O. AlUnwi.. ...^.(............................... i ifcrBiMili iBiLtfui ntcnm tmpa m mvmm u i.RETAIL **OFF SALE** 3totc or fllinncBota, OtuiUf To the C^jf.Councll ••••MM M^^MM«M**«M«« VCMCM ••)City^Orono •of Ibe.City Orono •Slate of Mioficsola: Danlol Schervtn ------^alfetMff>riarlfr«ii/___one year frwmik^—UcaJL January I’mt.toseU InOrigiiialPwfcagctOalylJMalt Liquors, M lk« immt mrt dtfimti by lam, far tamimmfHam -OFF" Ikaia tarlala yrtmUat la lha •• mg ••♦•••••« dtitrIM nfMamt, la-mk: Navarra Lanoa 3435 Shorallna Drive wUtk flaca Mali ayflleaai,....ap*rale..X.......ikt bmtiaaa ••••••••••••••••••••••••••••••••a,,,,. ••••••••••••••••••••••»••»••»»»»»»»» faaaaaaaaaaaaaaaaaaaaaaaaaaaa»aa»a'. .................................................................. and la ikai tad rtpmtal.*.^ad tlaltJk... at fallamti Tkal tald appUtaat.......tf.. *........................tiUtta.......•/ ike Vailed Slaitt; a/gaad maral ekaratler and repaiti and ka...n.ailalaed Ike age efU yean; /*«/....R5nAf.L Sche rven.................preprielar. of ike etlaUltkmealf^ mklek Ikt Ueeatt miU be hiatd(fikli applltaliaa It granled. That tald appileaai.....applltaliaa partaaal and tabjtcl lo all Ike lamt of ike Siair of Mlaaetola and Ike ordiaaaett and rtgalalloat of tald......Alty................................applltable Iktrtio, mklek are kereby made a pari ktrtof, and hereby agree. A..ia obttrrt and obey Ike tame: fTfoArtoNf. 9 Of. «t>f| oogs Katk applltaai fartktr tlaltt Ikal^ be It aol aom ike kaUtr of, nor kat_ kt made appHealloa for, nor dott^ ke laltad lo make applltaliaa far a Federal Heiall Oealtr’t Spetlal lax tiamp for Ike tale of laioMitallag llgaor. •••••••••••• . ................................................................... AggiUmmt ....... >••*••••••••«••••••••• pp c° , f CITY OF ORONO *Check Detail Register® 11/15/02 12:32 PM Pagel r/M---------- NOV 2 5 2002 ^3 NOVEMBER 2002 rh«rk Amt Invotog ConwntR CITY Ur UnuNU * im 0^4^78 H/15«002 AROABRIOMT, BARBARA E 101-41410-104 Twnporafy Employees Regular Tout AROABRIOHT, BARBARA $7800 11/5A)2 General Election $7800 074779 11/15/2002 BIX, MILTON G 101-21703 FICATaxVWthtiolding E 101-41410-221 Equipment Parts » Accessories E 101-41410-104 Temporary Employees Regular Total BIX. MILTON $7.21 11/5«2 $1000 11/5/02 $155.10 11/5W2 $172.31 Taxes - Primary Election Celt Phone Use General Election '07^80 11/15/2002 0 101-21703 PICA Tax Withholding E 101-41410-104 Temporaiy Employees Regular ToUl BOWMAN. GRAY $3.23 11/5/02 $6^ 11/5rt)2 $68.23 Taxes - Primary Election General Election *aid ChWP 0747^1 11/15/2002 BROOKS, JOHN C 0 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employees Regular ToUl BROOKS, JOHN C $4.23 11/5rt>2 $65.00 11/5/02 Taxes > Primary Election General Election $69.23 Paid 074782^ 11/15«)02 CARLSON. JUOY G101-21703 PICA Tax Withholdino E 101-41410-104 Temporary Employees Regular Total CARLSON, JUOY $3.97 11/5/02 $61.75 11/5rt)2 Taxes • Primary Election General Election $6572 'Paid Chk# 074783 11/15/2002 CARRIER, WAYNE E. G 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employees Regular Total CARRIER. WAYNE E. $845 11/5/02 $162.50 11/5«)2 Taxes - Primary Election General Election $17095 >aid Chki 074784 11/15/2002 COSGROVE, ANN E 101-41410-104 Temporary Employees Regular G 101-21703 PICA Tax WrthhoWing Total COSGROVE, ANN $7800 11/5«2 M 9^ 11/5/02 $8297 General Election Taxes - Primary Election Paid ChkP 074785 11/15/2002 DARLING, LAUREEN E 101-41410-104 Temporary Employees Regular Total DARLING, LAUREEN $W.75 11/5/02 $7475 General Election Paid Chki 074786 11/15/2002 DIESEN, MARTHA ^ E 101-41410-104 Temporary Employees Regular Total DIESEN, MARTHA E. $58 50 11/5A)2 $M50 General Election PaidChki 074787 11/15/2002 DOHERTY. MARY LOU G 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Emptoyees Regular Total DOHERTY, MARY LOU $4 97 11/5rt)2 ^100 11/5A)2 $9697* Taxes • Primary Election General Election Paid Chk# 074788 11/15/2002 ERICSON, BARBARA E, G 101-21703 PICA Tax Withholding E 101-41410-221 Equipment Parts S Accessories E 101-41410-104 Temporary Employees Regular Total ERICSON. BARBARA E. PaidChki 074789 11/15/2002 FERRIL, $917 11/5A)2 $10 00 11/5/02 $155.10 11/5/02 Taxes • Primary Elechon Cet Phone Gerteral Election $17427 E 101-41410-104 Temporary Employees Regular $126 75 11/5rt)2 G«ner^El0C^ CITY OF ORONO *Check Detail Register® 11/15/02 12:32 PM Page 2 tom ^feNKIL, EUUVUH L NOVEMBER 2002 Check Atnt Invoice 9126 75 PaidChki 074790 11/15/2002 nNN,OORIE G 101-21703 FICA Tax WIIttholding $397 11/05/02 Taxes - Primary Election E 101-41410-104 Temporary Employees Regular $9200 11/05/02 General Election Total FINN.DORIE $5597 Paidbhkf 074701 11/15/2002 FITZPATRICK, JOAN 0 101-21703 FICA Tax WtthholdirH)$7.46 11/5rt)2 Taxes - Primary Election E 101-41410-104 Temporary Employees Regular $126.75 11/5/02 General Election Total FITZPATRICK. JOAN $134.21 Paid Chk« 074792 11/15/2002 FUHR-HAMBERGER.AMY G 101-21703 FICA Tax Withholding $4 97 11/5/02 Taxes - Primary Election E 101-41410-104 Temporary Employees Regular $78 00 11/5/02 General Election Total FUHR-HAMBERGER.AMY $82.97 Paid Chk« 074793 11/15/2002 OANTZ.INEZ E 101-41410-104 Temporary Employees Regular $61.75 11/5«)2 General Election Total GANTZ.INEZ $61.75 >akl6^k# 074794 11/15/2002 GARDELLA. TRESA 0101-21702State Withholding $154 11/5A)2 Taxes - Primary Election 0 101-21703 FICA Tax Withholding $7.21 11/5A)2 Taxes - Primary Election E 101-41410-104 Temporary Employees Regular $84.50 11/5A)2 General Election Total GARDELLA, TRESA $9325 |!»ai(ibhidll 074795 11/15/2002 GARUNGHOUSE, GRANT E 101-41410-104 Temporary Employees Regular $42.25 11/5A)2 General Election G 101-21703 FICA Tax Withholding $2.99 11/5/02 Taxes - Primary Election Total GARLINGHOUSE. GRANT $4524 G 101-21703 FtCA Tax Withholding E 101-41410-104 Temporary Employees Regular Total HALVORSON. DEBORA A $8 21 $j13.75 $121.96’ 11/5/02 11/5/02 Taxes - Primary Election General Election Paid Chk# 074797 11/15/2002 HANNINO. JULIE E 101-41410-104 Temporary Employees Regular Total HANNING. JULIE $74.75 $74 75 ^V5f02 General Election Paid Chk# 074798 11/15/2002 HANSON. HAROLD R G 101-21703 FICA Tax Withholding E 101-41410-104 Temporary Employees Regular Total HANSON. HAROLD R $821 $126.75 11/5/02 11/5/02 Taxes • Primary Election General Election $134.96 Paid Chk# 074799 11/15/2002 HOLM. ARNE G 101-21703 FICA Tax Withholding E 101-41410-104 Temporary Employees Regular Total HOLM. ARNE $4.97 $52 00 11/5A)2 11/5A)2 Taxes • Primary Election General Election $56.97 Paid Chk# 074800 11/15/2002 HOMMEYER. ANN E 101-41410-104 Temporary Employees Regular Total HOMMEYER. ANN ^aidChki 074801 11/1V2002 HOMMEV^ CHARLES 111090 11/5/02 General Election $110 50 E 101-41410-104 Temporary Employees Regutar $104.00 11/5/02 General Election -f: CITY OF ORONO *Check Detail Registei® 11/1»02 12:32 PM Pag* 3 . Total HOMMEYER. CHARLES NOVEMBER 2002 Chack $104 00 ^aid dhkS 0^4^ 11/1V2002 HOUTMAN, KRISTINE E 101-41410-104 Temporary Employae* Ragular G 101-21703 PICA Tax Wilhhol(lir>g E 101-41410-221 Equipmant Parts SAcceasoria* Total HOUTMAN, KRISTINE $141.00 11/58)2 $9.71 11/5AI2 $10.00 11/58)2 $160.71 General Election Taxes - Primary Election Cetf Phone Use PaM ChM 074003 11/10/2002 IL8E, TREVOR O 101-21703FICA Tax Withholding $2.32 11/058)2 Taxes - Primary Election E 101-41410-104 Temporary Employeet Regular $35.75 118)58)2 General Election Total ILSE, TREVOR $38 07 Paid Chk# 074004 ll/IS/^obi JELUSON, SUSAN E 101-41410-104 Tamporaiy Employaas Ragular $52 00 11/58)2 General Election Total JELLISON, SUSAN $52.00 ^aW Chk* 074005 11/1 S/2002 KELLEY. BRUCE E 101-41410-104 Temporary Employees Regular $117.00 11/5/02 General Election Total KELLEY, BRUCE $117.00 Paid Chki 074806 11/1S/200i KIELLEY.DON O 101-21703FICA Tax Withholding $8.21 11/58)2 Taxes - General Election E 101-41410-104 Temporary Employees Regular $113.75 11/5/02 General Election Total KIELLEY.DON $121.96 Paid Chki 074007 11/1S/2002 KRAUSE. NANCY E 101-41410-104 Temporary Employees Regular $146 25 11/5/02 General Election Total KRAUSE. NANCY $146.25 Paid dirMi 074000 11/15/2002 LANDBERO. GALE R G 101-21703FICA Tax Withholding $6.21 11/58)2 Taxes - Primary Election E 101-41410-104 Temporary Employees Regular $117.00 11/58)2 General Election Total LANDBERO. GALE R $125 21 Paid dhki 074009 11/15/2002 LARSON, JOHN E 101-41410-104 Temporary Employees Regular $123 50 11/58)2 General Election 0 101-21703PICA Tax Withholdirrg $845 11/58)2 Taxes - Primary Election Total LARSON, JOHN $131.95 Paid Chki 074810 11/15/2002 MABUSTH. JEANNE G 101-21703FICA Tax Withholding $3 97 11/058)2 Taxes - Primary Election Total MABUSTH. JEANNE 83.97 Paid Chki 074811 11/15/2002 MCKEE, MELVIN E 101-41410-104 Temporary Employees Regular $71.50 11/58)2 General Election Total MCKEE. MELVIN $71.50 Paid Chki 074012 11/15/2002 MILLER RALPH E. G 101-21703FICA Tax Withholding $3 23 11/58)2 Taxes - Primary ElatSon E 101-41410-104 Tamporaty Employaaa Ragular $71.50 11/5/02 General Election Total MILLERRALPHEa $74.73 Paid Chki 074013 11/15/2002 O'MALLEY, PHYLLIS E. G 101-21702 Stale Withholding $0.33 11/58)2 Taxes - Primary Elsclion G 101-21703FICA Tax Withholding $5.47 11/58)2 Taaa* - Primaiy ElacSon E 101-41410-104 Temporary Employees Regular $13000 11/582 Genaral Elaolion CITY OF ORONO *Check Detail Register© 11/15/02 12 32 PM Page 4 Total O'MALLEY. PHYLLIS E. NOVEMBER 2002 Check^it Invoice Comment $135 80 Paid ChkO 074814 11/15/2002 PARTEN, DANIEL E 101-41410-104 Temporary Employees Regular Total PARTEN, DANIEL $7^^11/5A)2 $7475 General Election Paid Chki 074815 11/15/2002 PRINTUP, AARON G 101-21703 PICA Tax Withholding ToUl PRINTUP. AARON $9.18 11/5/02 Taxes - Primary Election $9.18 Paid Chki 074816 11/15/2002 PYLE. SHIRLEY 0 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employees Regular Total PYLE. SHIRLEY $4.97 11/5A)2 $5^0 11/5A)2 $56 97 Taxes - Primary Election General Election Paid Chk# 074817 11/15/2002 SAIKI. EMIKO G 101-21703 PICA Tax WHhholding E 101-41410-104 Temporary Employees Regular Total SAIKI. EMIKO $4 97 11/5A)2 $8^5 11/5A)2 $92.72 Taxes - Primary Election General Election PaidChki 074818 11/15/2002 SAIKI. PENNY E 101-41410-104 Temporary Employees Regular Total SAIKI, PENNY Paid Chki 074819 11/15/2002 SCHUELLER. PAUL J G 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employees Regular ToUl SCHUELLER, PAUL J $19^50 11/5/02 $1950 General Election $4 97 11/5«)2 $6^00 11/5A)2 $6997 Taxes • Primary Election General Election Paid Chk# 074820 11/15/2002 SCHUELLER. SUSAN J G 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employees Regular Total SCHUELLER, SUSAN J $4 97 11/05/02 $65 00 11/05/02 Taxes - Primary Election General Election $69.97 Paid Chki 074821 11/15/2002 SHERP, JULIE O 101-21703 PICA Tax Withholding E 101-41410-221 Equipment Parts & Accessories E 101-41410-104 Temporary Employees Regular ToUl SHERF, JULIE $8 90 11/5A)2 $10 00 11/5/02 $m00 11/5A)2 $159 90 Taxes - Primary Election Cell Phone General Election Paid Chki 074822 11/15/2002 SPILSETH. PAT 0 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employees Regular ToUl SPILSETH. PAT Paid Chki 074823 11/15/2002 STINSON. MARY A. G 101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employees Regular ToUl STINSON. MARY A. $3 48 11/5/02 $68.25 11/5/02 $7i;?3 $4.23 11/5/02 $117.00 11/5«)2 $121 23 Taxes - Primary Election General Election Taxes • Primary Election General Election 75d5KI3ro74e24 11/15^2 STUBBS, CHERRY E 101.41410.104 Temporary EtnployaM Regular 0 101-21703 FICATaxWItlihoMing Total STUBBS. CHERRY $65.00 11/sr02 $4 97 11/SA)2 General Election Taxee • Primary Election $6907 Paw Chki 074625 11/1^/206i TOWAr6, HELEN 0 101-21703 FICA Tax Withholding $9.71 11/5^2 Taxes • Primary Election CITY OF ORONO *Check Detail Registei<g> 11/1SA02 12:32 PM Pages NOVEMBCR2002 Total TOWrAftO.HELEft PiHClMP 074«T 11/15/2002 Tomoer 0101-21703 PICA Tax WHMwUing Total TOW/UtO. $8.45 11/5^2 Taxea • Prim. / Eiadion $8.45 PaachM 074827 11/15/2002 VAUTON. SALLY E10M1410-104 Temporary Employee a Regular Total VAUTON, tALLY $68.25 11/5/02 Geiteral Election $68.25 PaWCI*# 074828 11/150002 WEAVER. JANETTE E101-41410-104 Temporary Empleyee a Regular Total WEAVER, JANETTE $74.75 11/5/02 General Election $74.75 PaMChloi 074B2S 11/150002 WEI I. MARGE 0101-21703 PICA Tax WUMwIding E101-41410-104 Temporary Emptoyee a Regular Total WETT, MARGE i^aMChMP 074830 11/150002 WETT, RICHARD 0101-21703 PICA Tax Withholding E 101-41410-104 Temporary Employeea Regular Total WETT.RKHARO #aM ChMP 074^31 11/150002 WOLVERTON, WES E 101-41410-104 Temporary Employeae Regular Total WOLVERTON, WES $2.99 $91.00 11/502 11/502 Primary Election General Election $93.99 $3.11 $68.25 11/502 11/502 Taxes • Primary Election General Election $71.38 $94.25 11/502 General Election $94.25 Fund Summary 101 GENERAL PUNO 10100 Primary Cash $4,729.98 10100 Primary Cash $4,729.98 $4,729.98 CITY OF ORONO *Check Detail Register® 11/22A)2 10:29 AM Page 1 NOVBIBER2002 Check Amt Invoice Comment 10100 PrlmafyCaah - l^aid 6hk« 074656 11/12/2002 BONE8TROO ROSENE & ASSOC. E 225^5215-530 Other Improvements ($93.673 42) RFP#1 Void Check 74658 0 225-20600 Contracts Payable $4.683 68 RFP#1 Void Check 74658 Total B0NE8TR00R08ENES ASSOC.($88,989.74) Paid Chic# 074711 11/12/2002 ODE8A CONSTRUCTION 0 225-20600 Contracts Payable ($4,683.68) RFPil RFP 1 Hackberry Pack Imp E 225-45215-530 Other Improvements $93,673.42 RFPil RFP1 Hackberry Park Imp Total 00E8A CONSTRUCTION $88,989.74 Paid Chki 074837 11/250002 10,000 LAKES CHAPTER E101-42400-433 Memberships & Subscriptions $50 00 Mbrship Dues - Oman. Vang Total 10.000 LAKES CHAPTER $50.00 Paid Chki 074838 11/25/2002 ANDERSON. KRISTI E 101-41300-319 Other Professional Services $160 00 11/2002 CC Minutes 11/12 E 101-42400-319 Other Professional Services $195.00 11/2002 Plan Minutes 11/18 Total ANDERSON. KRISTI $355.00 Paid Chk# 074839 11/25/2002 ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office supplies $109 00 6013-286271 Coffee E 101-42110-439 Meeting Expenses $109.00 6013-286272 Coffee Total ARAMARK REFRESHMENT SERVICES $21800 ^aid Chk# 074840 11/25/2002 BOBZIEN. SUE E 101-42110-201 Office supplies $1999 11/14/022 Print Perfect Software Total BOBZIEN. SUE $1999 Paid Chk# 074841 11/25/2002 BONE8TROO R08ENE & ASSOC. E 651-49910-304 Engineering-Consulting $408 00 91998 Stubbs Bay Rd Pond & PW E 101-43280-304 Engineering-Consulting $2,091 17 91998 Apple Sept E 101-43260-304 Engineering-Consulting $230 00 91998 Applica 2831 - 3850 Shoreline E 101-43170-304 Engineering-Consulting $874 00 91998 Hollander Hazardous Bldg E 651-49910-3C4 Engineering-Consulting $811.50 91998 SWMP Final Draft E 101-43170-303 Engineering-Retainer $100.00 91998 Council Mtgs Sept 2002 E 101-43170-304 Engineering-Consulting $46.00 91998 Elmwood Driveway Insp E 613-49830-304 Engineering-Consulting $400 00 91998 Golf Mtg Re Green Relocation E 101-43280-r?4 Engineering-Consulting $168.26 91998 Apple Sept E 101-43170-304 Engineering-Consulting $27600 91998 Drainage Review - Lyle 0 602-16500 Fixed Asset-Const in progress $2.268 00 91999 SCAOA Sept 2002 E 651-49910-304 Engineering-Consulting $244.04 92000 Highwood Storm Swr E 651-49910-304 Engineering-Consulting $1,138.68 92001 Todd Martin Drainage E 101-43170-304 Engineering-Consulting $2,000.77 92002 Sub Area Transp Study Total BONESTROOROSENES ASSOC.$11,074.42 Paid Chki 074842 11/25/2002 BUDGET PRINTING E 601-49400-322 Pottage $8.02 11/12A)2 Shipping - Dept of Health E 101-42110-321 Telephone $7.58 11/7/02 Shipping • Em Auto Tech Total BUDGET PRINTING $15.60 Paid Chk# 074843 11/25/2002 BUFFALO BITUMINOUS INC. E 101-43000-224 Street Maint. Materiala/Supply $262.52 12589 Hand Patch Total BUFFALO BITUMINOUS INC.$262.52 Paid Chkf 074844 Tl^S/2002 CENTEfI POINT ENERGY . OC CITY OF ORONO *Check Detail Register® 11/22A)2 10:29 AM Page 2 NOVEMBER 2002 E 613<49830-3ai Gas & Electric Total CENTER POINT ENERGY-GC CheckAmt $159.82 tnv^c^Coinrnent 539004161700 Gas Service $159.62 Paid Chk# 074845 11/25/2002 CHAMPION AUTO STORES E 101-43000-222 Vehicle Equipment & Parts Total CHAMPION AUTO STORES $35.13 D158161 2 pc vent-visor $35.13 Paid Chk« 074846 11/25/2002 CLEAR VIEW E 101-41900-404 Repairs/Maint-Bidgs/Grounds Total CLEAR VIEW $1,011.75 14NOV02 window cleaning $1,011.75 Paid Chk# 074847 11/25/2002 DCA - WIRE ONLY G 101-21719 DCA/Spending Accounts ToUl DCA-WIRE ONLY $255.35 11/12/02 Spending Accounts 11/12 $255.35 Paid Chk« 074848 11/25/2002 DOBO'S E 101-41410-439 Meeting Expenses Total DOBO'S ^72_48 $472.48~ 4592 election lunches Paid Chk# 074849 11/25/2002 ENGINEERING REPRO SYSTEMS E 101-41900-489 Other Miscellaneous Charges $5 54 E 101-42110-201 Office supplies 560 71 Total ENGINEERING REPRO SYSTEMS ^$^ 25 38215 38914 plan copies office supplies Paid Chk# 074850 11/25/2002 ESS BROTHERS S SONS E 65M9910-227 Utility System Maint. Supplies Total ESS BROTHERS & SONS $266 25 $266.25 EE5393 Catch Basin Paid Chk# 074851 11/25/2002 EXPRESS MESSENGER E 101-41900-322 Postage Total EXPRESS MESSENGER $23S1 $2361 8-312943 Delivery to DOT Paid Chk# 074852 11/25/2002 FERGUSON ENTERPRISES. INC E 602-49450-227 Utility System Maint. Supplies 5^^^^ 267121 ToUl FERGUSON ENTERPRISES. INC $34^21 stainless pipe Paid Chk# 074653 11/25/2002 GSK SERVICES E 602-49450-226 E 101-43000-226 E 101-43000-221 E 613-49830-226 E 602-49450-226 E 101-43000-226 E 602-49450-226 E 613-49830-226 E 601-4940C-226 E 101-43000-404 E 101-41900-404 E 101-42110-404 E 101-41900-404 Clothing & personal equipment Clothing & personal equipment Equipment Parts & Accessories Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Clothing & personal equipment Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bidgs/Grounds Repairs/Maint-Bldgs/Grounds Repairs/Maint-Bldgs/Grounds ToUl GSKSERVICES $3235 $75.47 $52 21 $7 88 $14 43 $8274 $35.47 $7 68 $1443 $92.65 $50.66 $8319 $50.66 375826 375826 375826 375827 375828 382755 382755 382756 382757 382758 382759 382760 382761 Uniforms Uniforms Shop Towels Uniform - Steffenhagen Uniform • Rathbun Uniforms Uniforms Uniform - Steffenhagen Uniform - Rathbun Mat Service Mat Service - CH Mat Service PD Mat Service • CC $600 22 Paid Chk# 074854 11/25/2002 GENUINE PARTS CO. E 61349830-221 Equipment Parts & Accessories E 10143000-221 Equipment Parts & Accessories E 10143000-221 Equipment Parts & Accessories E 10143000-221 Equipment Parts & Accessories $679 $4616 $2 86 $24 53 714732 714817 714914 715632 fuse's shop supplies clamps shop parts CITY OF ORONO *Check Detail Register® 11/22A)2 10:29 AM Page 3 NOVEMBER 2002 Check Amt Invoice Comment E 10M3000-22^ E 10M3000-221 E 101-43000221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 101-43000-221 E 1C1-43000-221 E 101-43000-221 E 101-43000-222 E 601-49400-227 Equipment Paits & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts A Accessories Equipment Parts & Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Vehicle Equipment A Parts Utility System Maint. Supplies Total GENUINE PARTS CO. $2.86 715813 clamp $13.92 715825 misc parts $10.44 716090 lamp, lens-plug $1.27 716146 lamp* $9.34 716492 misc part $14.57 716527 misc parts ($9.15) 716827 returned parts $27.58 717049 misc parts $9.22 717691 misc part $7025 717771 shop supplies $28 69 717772 shop supplies $46 95 718065 shop supplies $26 68 718724 shop supplies $46 98 718897 air fitter $1649 719167 misc supply $396.63 Paid Chk# 074855 11/25/2002 GOLF CAR MIDWEST E 613-49830-403 Repairs/Maint-Misc. Equip Total GOLF CAR MIDWEST $401 60 202316 $401.60 golf cart repairs Paid Chk# 074856 11/25/2002 GREEN LIGHTS RECYCLING INC. E 101-41900-489 Other Miscettaneous Charges $208 64 02-4904 Total GREEN LIGHTS RECYCLING INC. ““ Fluorescents/Battery Disposal $208 64 Paid Chk# 074857 11/25/2002 HENNEPIN COUNTY INFOR TECH DPT E 101-41900-329 Other Communications 22107180 Total HENNEPIN COUNTY INFOR TECH DPT $79T4 Database Access Paid Chk# 074858 11/25/2002 HINSHAW A CULBERTSON E 101-43280-307 Legal-Consulting $2.582 32 10260053 Applications 8/2002 E 101-41600-307 Legal-Consulting $663 00 10260054 Hollander Haz Bldg E 101-41600-307 Legal-Consulting $216 00 10260054 Rydeli Easement E 101-41600-305 Legal-Retainer $1.300 00 10260055 Council Mtgs August 2002 E 101 43280-307 Legal-Consulting $36.00 10264284 Appllc 2810 E 101-41600-307 Legal-Consulting $542 00 10264284 Rydeli Easement E 101-41600-307 Legal-Consulting $36 00 10264284 Police Sergeants E 101-41600-305 Legal-Retainer $1.300 00 10264286 Council Mtgs Sept 2002 E 101-41600-307 Legal-Consulting $390 00 10264288 Election A Ballot Questions E 101-41600-307 Legal-Consulting $117.00 10264288 Review Home Occup Ord ToUl HINSHAW A CULBERTSON $7,182.32 Paid Chk# 074859 11/25/2002 IKON OFFICE SOLUTIONS E 406-48720-570 Office Equip and Furnishings 2314239A ToUl IKON OFFICE SOLUTIONS $7^^ 20 I Savin Digital Copier Paid Chk# 074860 11/25/2002 JOHNSON. JEFF E 101-42110-437 Training A Development Totol JOHNSON. JEFF $133_20^ 102502 $133 20 train A development Paid Chk# 074861 11/25/200^ LAKE MTKA CONSERVATION DIST. E 101-41110-433 Memberships A Subscriptions 11. ^^^02 Total LAKE MTKA CONSERVATION DIST. $10,331.14 4th Qtr 2002 LMCD Levy T»aid Chk# 074862 1W5/2002 LUBE TECH E 101-43000-212 Motor Fuels A Lubricants $645 35 876280 Oil, Pm Smg FW. T r^ fw CITY OF ORONO *Check Detail Register© 11/22/02 10 29 AM Page 4 Total LUBE TECH NOVEMBER 2002 Invoice Comment $64535 PaidChk# 074863 11/25/2002 MACQUEEN EQUIPMENT E 101-43000-221 Equipment Parts & Accessories Total MACQUEEN EQUIPMENT $54.18 2026516 $5418 guage. fuel level Paid Chk# 074864 11/25/2002 MET COUNCIL ENVIRONMENTAL SER R 101-39610 Miscellaneous Revenue ($12 00) oct2002 0101-20809 SAC Charges due to MWCC $1,200.00 oct2002 October-SAC October-SAC Total MET COUNCIL ENVIRONMENTAL SER $1.188 00 Paid Chk# 074865 11/25/2002 MET COUNCIL ENVIRONMENTAL SVCS E 602-49450-383 MWCC-Current Charges $29,737.30 746902 ToUl MET COUNCIL ENVIRONMENTAL SVCS $2^73T^ Wastewater • 12/02 Paid Chk# 074866 11/25/2002 MINN COMM E 601-49400-489 Other Miscellaneous Charges E 602-49450-489 Other Miscellaneous Charges ToUl MINN COMM $32 35 48300511028 pagers $^2^35 48300511028 pagers $64.70 >aidChKi 074867 11/2V2002 MINNESOTA SUN PUBLICATIONS E 101 -42110-340 General Advertising E 231 -45650-340 General Advertising E 231 -45650-340 General Advertising E 231-45650-340 General Advertising Total MINNESOTA SUN PUBLICATIONS $111.80 550616 $120.40 550622 $111.80 550625 J77.40 550631 $421.40 Sale of Crown Vic Sale of Harley Sale of Caravell Sale of Truck Topper PaidChk# 074868 11^5/2002 MN CITY/COUNTY MGMT ASSOC. E 10*-41300-433 Memberships & Subscriptions $87 00 Moorse ToUl MN CITY/COUNTY MGMT ASSOC. $87.00 Dues 5/1/02-03 Moorse Paid Chk# 074869 11/25/2002 MN DEPT OF REVENUE R 101-34210 General Taxable Sales/Service G 601-20806 Due to Govts-State Sales Tax R 601 -39610 Miscellaneous Revenue G 613-20806 Due to Govts-State Sales Tax ToUl MN DEPT OF REVENUE $15 00 10/2002 $363.00 10/2002 $800 10/2002 $131.00 ia‘2002 Sales Tax 10/2002 Sales Tax 10/2002 Sales Tax 10/2002 Sales Tax 10/2002 $517.00 Paid Chk# 074870 11/25/2002 MPLS DEPT OF HEALTH A FAMILY E 101-42110-319 Other Professional Services $52 00 20021028 ToUl MPLS DEPT OF HEALTH A FAMILY Lab Analysis - 02-1573 $5200 PaidChk# 074871 11/25/2002 NAVARRE HARDWARE E 101-43000-221Equipment Parts A Accessories $1363 108544 Pipe - JD Mo¥ver E 101-43000-221Equipment Parts A Accessories $10 42 108603 Connector. Plug E 101-42110-221Equipment Parts A Accessories $2552 108640 Paint E 101-42110-201Office supplies $12-77 108698 Drain cleaner E 101-43000-221Equipment Parts A Accessories $26 02 108787 Paint E 101-42400-221Equipment Parts A Accessories $3.75 108600 Misc Hardware E 101-43000-221Equipment Parts A Accessories $7.38 108606 Connectors E 101-43000-221Equipment Parts A Accessories $919108627 Clamp. Sealant E 613-49830-221 Equipment Parts A Accessories $1.27 106916 Bungee Cord E 101-41900-223Bldg/Grounds Maint Supplies $571 106995 Connections E 602-49450-227Utility System Maint Supplies $11.48 109243 Hardware. Blades E 602-49450-227Utility System Maint Supplies ($7.66) 109263 Return E 602-49450-227Utility System Maint Supplies $11.50109292 Anchors. Bit E 101-45200-221Equipment Parts A Accessories $5.31 109361 BanVaVe CITY OF ORONO 11/22/02 10:29 AM Pag* 5 *Check Detail Register® NOVEMBER 2002 Checli Amt Invoice Comment ElOM2110>22t E 101-43000*221 E 101-43000*221 E 101-42110-221 E 101-43000-221 E 101-41900*221 E 101-41900-221 E 101-43000-221 E 101-45200-221 E 601-49400-223 E 601-49400-223 E 601-49400*223 £601-49400*223 Equipment Parts A Accessories Equipment Parts A Accessories Equipnfwnt Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Accessories Equipment Parts A Acmsories Equipment Parts A Accessories Equipment Parts A Accessories Bklg^rounds Main! Supplies Bitfg/Orounds Main! Supplies Bldg/Orounds Maint Supplies Bldg/Orour>ds MainL Supplies ToUl NAVARRE HARDWARE $6 50 $5 20 $424 $168 $19.79 $4.02 $10.63 $4259 $3.72 $11.35 $7.44 $679 $14.89 109474 109540 109547 109557 109564 109590 109664 109802 109859 109943 109962 109965 109969 Staples Washers. Bolts Dish Soap Yardstick BauR Washers. Nuts Brass fittings. Elbow Alum Door Bottom Sign Security Insert Jigsaw Blades Sink Strainer Caulk Faucet Connector $277.13 Paid Chk« 074872 11/25/2002 NORUNG 8 E 101-41900-404 Repairs/Maint-BldgaA3rounds Total NORUNG'S $9.863 50 17794 City Hall Landscaping $9,663.50 Paid Chk# 074873 11/25/2002 NORTHERN TRAFFIC SUPPLY E 101-43000*224 Street Maint. Materlala/Supply $3,374.41 22-6168 St signs ToUl NORTHERN TRAFFIC SUPPLY $3,374.41 Paid Chk# 074874 11/25/2002 OBERAIONER. SCOTT E 101-43000-226 Clothing A personal equipment Total OBERAIONER, SCOTT $100.00 11/13/02 Safety Boots $100.00 Paid 074875 11/25/2002 OFFICE DEPOT E 101.41900-201 E 101-41900-201 E 101-42110-201 E 101-41900-201 E 101-41900-201 E 101-41900-201 E 101-41900-201 E 101-41900-201 E 101-42110-201 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies Total OFFICE DEPOT ($45.99) $90.16 $138.62 $169.41 $4.88 $55 34 ($67 35) $171 91 $140.67 184552607-00 184552912-00 185779774 185779774 185835342 186016571 16606855 186127051 186127051 Return - Labels Labels office supplies office supplies office supplles-election office supplies office supplies office supplies office supplies $657 65 Paid Chk# 074876 11/25/2002 PIONEER E 101-41900*352 E 101-42400*340 E 101-42400-340 E 101-42400-340 E 101-42400*340 E 101-42400-340 E 101-41900*352 E 101-41410-340 E 101-41410-340 E 101-41410-340 E 101-41410-340 Printing A Publishing General Advertising General Advertising Gerteral Advertising General Advertising General Advertising Printing A Publishing General Advertising General Advertising Genera! Advertising General Advertising Total PIONEER $350 24 368 $65 67 369 $29 85 370 $31.64 $29 85 $29 85 $37810 $61.88 $39.80 $19.90 $15 92 371 372 373 386 401 414 415 420 Ordinance #221 Applications Application 02-2839 AppQcation 02-2840 Application 02-2842 Application 02-2843 Proposed Assessments ciecBon ivoiice j§mpie p allot Notice of Accuracy Teal Canvassing Board $1.052 90 Paid <bhWi 674*77 11/2S/2002 PffOTECTION ONE E 101-41900489 Othtf MitoalaiMOU* Chwgaa Total PROTECTION ONE $90 53 12062002 mongoring $90 53 1 L ti 1 CITY OF ORONO *Check Detail Register® 11/22A)2 10 29 AM Pages NOVEMBER 2002 Check Amt Invoice Comment PRUDENTIAL UFE INSURANCE G 101-21710 Life Insurance G 101-15998 Non-Employee Health ins G101-21710 Life Insurance Total PRUDENTIALUPEINSURANCE $644 75 11/2002 $2585 11/2002 $87.75 11/2002 $758 35 Life Insurance 11/2002 Life Insurance 11/2002 Life Insurance 11/2002 Paid Chkf 074879 11/25/2002 QWEST E 601 -49400-321 Telephone $103.00 612E440016 Phone Line-W Twr - PW ToUl QWEST $103 00 Paid ChM 074880 11/25/2002 SHREOIT E 101 -42110-221 Equipment Parts & Accessories $500 00 252687806 destroy old records Total SHRED IT i^oo Paid Chk« 074M1 11/25/2002 SIONS OP THE SEASON E 602-49450-437 Training & Development $1598 919 graphic sheets Total SIGNS OF THE SEASON $1598 PaidChk* 074882 11/25/2002 SNYDER DRUG STORES E 101-42110-201 Office supplies $4 78 5039-02072 Photo Processing E 101-42110-221 Equipment Parts 8 Accessories $2.92 5039-02075 Photo Processing E 101-42110-201 Office supplies $20.19 5039-02084 Batteries E 101-42110-221 Equipment Parts & Accessories $2.92 5039-2076 Photo Processing Total SNYDER DRUG STORES $3081 Paid Chk« 074883 11/25/2002 STAR TRIBUNE E 101-42110-340 General Advertising $160 80 804686002 Sale of Crown Vic E 231-45650-340 General Advertising $187 60 804686003 Sale of Harley E 231-45650-340 General Advertising $17620 804686004 Sale of Caravetle ToUl STAR TRIBUNE $526 60 Paid Chki 074884 11/25/2002 TEMPORARIES-TO-GO E 101-41410-104 Temporary Employees Regular $131 25 10725 Temp Help - Elections Tout TEMPORARIES-TO-GO $131.25“ Paid Chk# 074885 11/25/2002 TKDA E 402-48032-304 Engineering-Consulting $18.428 79 59244 OCB Rd • TH 12 to Fox Total TKDA $18.428 79 Paid Chk# 074886 11/25/2002 TOLL GAS S WELDING SUPPLY E 101-43000-221 Equipment Parts & Accessories $69 97 212529 welding supplies E 101-43000-221 Equipment Parts 8 Accessories $6 05 405109 cylinder rental Tout TOLL GAS S WELDING SUPPLY $76 02 • Paid Chk# 074887 11/25/2002 TRUXSTOR E 101-42110 221 Equipment Parts & Accessories $212 19685 pin&clip Totel TRUXSTOR $2.12 Paid Chk# 074888 11/25/2002 UNIFORMS UNUMITED E 101-42110-226 Clothing 8 personal equipment $8318 134181 Cuff Case. Bat Hldr • Ericfcson E 101-42110-226 Clothing 8 personal equipment $5965 134592 Shirts • Botzein E 101-42110-226 Clothing 8 personal equipment $37 95 135234 Shirts-Sedey E 101-42110-226 Clothir>q 8 personal equipment $61 13 135390 Misc Equip • Ameson E 101-42110-226 Clothing 8 personal equipment $715 37 136707 Uniforms • Herman E 101-42110-226 Clothing 8 personal equipment $47.90 137121 Cottar Letters E101-42110-226 Clothing 8 personal equipment $205.75 138599 Sweaters. budig.Bobzein.Madson 1^ '» CITY OF ORONO 11/22A)2 10 29 AM Page? *Check Detail Register© NOVI U 3,2002 Check Afnt Invoice CofiNnent E 101-42110-226 E 101-42110-226 E 101-42110-226 E 101-42110-226 E 101-42110-226 Clothing & personal equipment Clothing & personal equ^Mnent Clothing 6 personal equipment Clothing & personal equipment Clothing & personal equipment ToUl UNIFORMS UNLIMITED $266 65 $155.55 $11.08 $59.86 $103 90 142734 143746 144372 144891 148035 Pants. Shirts • Hendricks Pants. Tie - Tomczyk Insignia Freeze Spray Pants. Stripes - Erldtson $1,807.97 PaWChM 074889 11/25/2002 UNITED RENTALS E 602-49450-415 Other Equipment Rentals Total UNITED RENTALS $70 29 530480 barricades $70.29 Paid ChlM )74890 11/25/2002 US BANK - MLWKEE E 312-47000-620 Fiscal Agent's Fees Total US BANK - MLWKEE $7W^ 1211535 $750.00 Fiscal Agent Fees PaidChk# 074891 11/25/2002 WILLIAMSTOWING E 101-42110-319 Other Professional Services Total WILLIAMS TOWING $45 00 60206 Tosr Squad 195 $45.00 Taid Chk# 074892 11/25/2002 WRIGHT HENNEPIN ELECTRIC E 101-43000-381 Gas & Electric $26.01 3113009200 E 602-49450-381 Oas&Elecr*^ $2576 3113009200 Total WRIGHT HENNEPIN ELECTRIC Electrical Service Electrical Service $51.77 PaldChki 074893 11/25/2002 XCELENERGY E 602-49450-381 Gas & Electric E 601-49400-381 Gas & Electric E 101-42110-381 Gas & Electric E 101-43000-381 GasSEIeUhc E 101-41900-381 Gas & Electric E 101-43000-381 Gas & Electric Total XCEL ENERGY $137.84 $451 43 $41354 $120 92 $988 23 $102.81 Allocation Allocation Allocation Allocation Allocation Hwy 12 Electrical Serves Electrical Servoe Electrical Servoe Electrical Servoe Electrical Servoe Hwy 12/Willow $2,214.77 10100 Primary Cash $115.199 24 Fund Summary 101 GENERAL FUND 225 PARK FUND 231 DRUG/FELONY FORFEITURE FUND 312 1998 HRA REFUNDING BOND FUND 402 MUNICIPAL ST AID ST CONSTUCT 406 PERMANENT IMPROVEMENT REVOLVE 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $50,035.65 $0 00 $67540 $750 00 $18.42879 $7.540 20 $1,037.19 $32.74930 $1.116 24 $2,866.47 $115.199 24 Ch^cli Mumbtr EmployM Name 052031 052035 052«?2 052036 052037 052038 052039 052040 052041 052042 052043 052044 052045 052046 052047 052048 052049 052050 052051 052052 052C03 052054 052055 052056 052057 052058 052059 052060 052061 052062 052063 052064 052065 052066 052067 052068 052069 052070 052071 052072 052073 052074 052075 052076 052077 052078 052079 052080 052081 052082 052083 052084 VOID DODGE. RACHEL M. WEINBERGER. PAUL E. LESKINEN. DENISE M. MOORSE. RONALD X VEE. LINDA S. ZIMMERMAN. MARILYN L. KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON. BRUCE L. BOBZIEN. SUE A. BORIS. SCOTT W. BUDIG. STACIE M CARLSON. MICHAEL B. CORNICK. JAMES L DEMBOUSK:. JAYC. ERICKSON. KURTR FARNIOK. CORREYL FISCHENICH. DAN T. FISCHER. CHRISTOPHER K. GOOD. STEPHANYR. HENDRICKS. RONALD J. JOHNSON. JEFFREY MADSON. ADRIENNE M. MCNICHOLS. DAVID L. MOROWCZYNSKI. JAMES PERSELL. WILLIAM R. SCHOENHOFF. JOHN B. TOMCHECK. LAWRENCE F. TOMC2YK. MARK W WITTKE. ANTHONY A ARNESON. JOSHUA A. HERMAN. JOHN R LEE. JOSEPH P. BOLTERMAN. MATTHEW A. BOTTENBERG. WENDY C. GAFFRON. MICHAEL P. GAPPA. GREGORY A MEYER. WILLIAM C OMAN. LYLE E. VANG.BRUCE L BRINKHAUS. JOHN F. DEBAERE. DONALD L GREGORY. JAMES D. HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L PALMER. GREGORY A. RATHBUN.BARRYJ. SKREEN. DALE S. OAS. DANIEL O. CITY OF ORONO check register Pay Check Checli Parted Amount Data Check Status m • -r- HIP" 1 • -* T • • 22.1 $0.00 11/13/02 Void 23 $1,347.23 11/13/02 Outstanding 22.1 $697.23 11/13/02 Outstanding 23 $899.19 11/13/02 Outstanding 23 $7.80 11/13/02 Outstanding 23 $1,194.99 11/13/02 Outstanding 23 $667.52 11/13/02 Outstanding 23 $990.31 11/13/02 Outstanding 23 $102.07 11/13/02 Outstanding 23 $439.36 11/1 3A)2 Outstanding 23 $1,152.86 11/13/02 Outstanding 23 $872.37 11/13/02 Outstanding 23 $1,202.96 11/13/02 Outstanding 23 $398.28 11/13/02 Outstanding 23 $263.46 11/13/02 Outstanding 23 $1,785.12 11/13/02 Outstanding 23 $1,532.57 11/13/02 Outstanding 23 $1,533.02 11/13/02 Outstanding 23 $1,571.91 11/13A)2 Outstanding 23 $1,431.39 11/13/02 Outstanding 23 $166.88 11/13/02 Outstanding 23 $1,839.60 11/13/02 Outstanding 23 $1,147.48 11/13/02 Outstanding 23 $1,207.68 11/13/02 Outstanding 23 $552 28 11/13/02 Outstanding 23 $584 66 11/13/02 Outstanding 23 $1,389 78 11/13/02 Outstanding 23 $797.06 11/13/02 Outstanding 23 $1,446 39 11/13/02 Outstanding 23 $316.30 11/13/02 Outstanding 23 $1,407.71 11/13/02 Outstanding 23 $1,270 35 11/13/02 Outstanding 23 $808 73 11/13/02 Outstanding 23 $826 34 11/13/02 Outstanding 23 $266 88 11/13/02 Outstanding 23 $1,01613 11/13/02 Outstanding 23 $1,18096 11/13/02 Outstanding 23 $1,351.13 11/13/02 Outstanding 23 $1,760.33 11/13/02 Outstanding 23 $631.12 11/13/02 Outstanding 23 $153 98 11/13/02 Outstanding 23 $1.270 96 11/13/02 Outstanding 23 $1,31970 11/13/02 Outstanding 23 $1,295 03 11/13/02 Outstanding 23 $817.87 11/13/02 Outstanding 23 $1,226.39 11/13/02 Outstanding 23 $670.11 11/13/02 Outstanding 23 $952.31 11/13/02 Outstandkig 23 $765.06 11/13A)2 0utstandNig 23 $1,052.79 11/13/02 OutMandkig 23 $1,060.58 ll/13A>2 0utstandkig 23 $48.89 11/13/02 OutsMndkig 11/13A)2 9 23AM Page 1 CITY OF ORONO 11/13/02 9:23 AM Pag«2 check register 052065 8TEFFENHAGEN. ROHALO ClMCk ChMk Amount Data Chock Status ■ . m'rr-v $1,349.62 11/13A)2 Outetanding $50,240.96 * # V ^ • ■ •V ,Av..r , *. V ' ‘ ' yV •''PSflWRW#* 1 CITY OF ORONO ctMck ragittor 11/13^)29:25 AM Pagtl Chack Numbar Employaa Mama 052034 WEINBERGER. PAUL E Pay Chack Partod Amount 0.4 $1,790.50 Chack Data Chack Statua : a^-^ • 'mmr 11/8A)2 Outstanding I1J90.50 ' STM *w 25^ INFOKMA.TION f > ITEMS COUNCIL MEETING NW 25 VUr'. OF CITY Of- ORONO ♦ % nmriTTTm MDH '•••— •—-»'MG (]i/.M/ !Qn:inu:i Protecting, nutintnining tutd improving the henUh of ott Minnaotans November 9,2Q02 NOV 2 5 2002 Cl IT Ur UHONO Orono City Council c/o Ms. D. M. Hallin, Clerk Orono City Hall Box 66, Crystal Bay Orono, Minnesota SS323 Dear Council Members; SUBJECT: Follow-up Lead/Copoer Tap Water Monitoring Report. PWSID 1270041 This letter is to report the results of the follow-up lead/copper monitoring that is required by the Safe Drinking Water Act. The results of the follow-up tap monitoring revealed the following 90th percentile levels: 90th percentile lead level = 2.0 ug/l (rounded as 0.002 mg/I) 90th percentile copper level - 1200.0 ug/l (rounded as 1.2 mg/1) Based on these follow-up monitoring results, your public water system has not exceeded the action level for lead and has not exceeded the action level for copper. Your next round of lead/copper monitoring has been scheduled for June 2003. Sample bottles will be sent to you from a contract laboratory early in the monitoring period. The enclosed report should be placed in your records and a copy maintained on or near the water supply premises and available for public inspection for not less than ten (10) years. If you have specific questions or comments on the report, please contact Pauline Wuoti at 651/215-1311, Patricia McKasy at 651/215-0759, or Lih-in Rezania at 651/215-0763. Sincerely, -V___ \ Uv Patricia A. McKasy Community Public Water Supply Unit Environmental Health Division P.O. Box 64975 St. Paul, Minnesota 55164-0975 PAM:paw Enclosure cc: Water Superintendent GctienI loferaiathm: (651) 215-5800 ■ TDi'/TTY: (651) 215-8980 ■ Mumesoa RcUjrSmicc: (800) 627-3529 ■ www.heaIth.tute.mn.iM For difecuoM to any of the MDH locationt, call (651) 215-5800 a An equal opportunity employer MINNESOTA DEPARTMENT OF HEALTH LIST OF SAMPLING LOCATIONS AND FIRST DRAW RESULTS FOR LEAD/COPPER TAP WATER MONITORING I. TAP WATER MONITORING SITES: PWS Name: Orono PWS ID No. 127004 1 I .< . •V i Follow-up Round 5 Site No.Location (Site address) Tier No. (1-4) Plumbing Materials (check type) First Draw Sample Results • LSL LP CP/LS Other Copper 1300 (ug/L) Lead 15.0 (ug/L)Collected 00001 3615 LYRIC AVE 55391 1 X 1200.0 2.0 10/08/2002 3422 LYRIC AVE 55391 3 X 550.0 < 2.0 10/08/2002 3438 LYRIC AVE 55391 3 X 865.0 < 2.0 10/08/2002 3625 LYRIC AVE 55391 1 X 1500.0 < 2.0 10/08/2002 3496 LYRIC AVE 55391 3 X 330.0 < 2.0 10/08/2002 3692 LYRIC AVE 55391 3 X 986.0 < 2.0 10/08/2002 00008 3473 LYRIC AVE 55.391 3 X 277.0 < 2.0 10/08/2002 3585 CRYSTAL PLACE 55391 3 X 1030.0 < 2.0 10/08/2002 00010 3414 LIVINGSTON AVE 55391 3 X 318.0 30 10/08/2002 00011 34.35 LIVINGSTON AVE 55391 3 X 218.0 5.0 10/08/2002 00012 3577 LIVINGSTON AVE 55391 3 X 1 812.0 2.0 10/08/2002 0(X)I3 3520 LIVINGSTON AVE 55391 3 X 220.0 < 2.0 10/08/2002 00014 3585 LIVINGSTON AVE 55391 3 X 1260.0 < 2.0 10/08/2002 00015 35.59 LIVING.S ION AVE 55391 3 X 128.0 < 20 lO/OS/2002 00016 3436 LIVINGSTON AVE 55391 3 X 1060.0 < 2.0 10/08/2002 00017 .3445 LIVINGSTON AVE 55391 3 X 890.0 < 2.0 10/08/2002 00019 3473 LIVINGSTON AVE 55391 3 X 316.0 < 2.0 10/08/2002 00020 3580 LIVINGSTON AVE 55391 3 X 489.0 < 2.0 10/08/2002 00021 3505 LYRIC AVE 55391 3 X 389.0 < 2.0 10/08/2002 00022 ^ 1 a-' 3645 LYRIC AVE 55391 0^ 3 X 476.0 < 20 l0rt)8/2002 Hennepin Hennepin County Memo November 7, 2002 TO: Commissioners FROM: Judy Chtimley, Deputy Clerk of the Board d o RE: MEMBER AT LARGE APPOINTMENTS - 2002-2003 ANNUAL LIST As required under the Open Appointment policy, attached is the Annual List of Member-At-Large Appointments that terms are due to expire. Vacancies are due to be announced shortly, with a closing date of December 31, 2002 and interviews to take place sometime in January, 2003. Please note that the Watershed District Boards will not be part of this annual round, as they are the exception and will be announced later. Attach: cc: Sandy Vargas, County Administrator Melissa Booth, County Administration (4 copies) Kay Mitchell, Clerk of the Board Yolanda McCrary, Committee Clerk Bob Hagen, Planning & Development Richard Zierdt, Executive Director, CASH BD Meg Hargreaves, Community Health Michelle Chiezah, Community Health Pat O'Connor, Taxpayer Svs David Hough, County Attorney Charles Brown, Library Cindy Ahrens, Library Harvey Linder, Children, Family & Adult Svs Veronica Schulz, Children,Family & Adult Svs Phil Eckhert, Environmental Svs Joel Settles, Envlonmental Svs Rafe Viscasillas, Human Resources Susan Horn, Human Resources Pat Crosby, Children, Family & Adult Svs Jodell O'Connell, Community Health Pam Crosby, Community Health * I I 1 MEMBER AT LARGE APPOINTMENTS 2002-2003 ANNUAL LIST - Page 2 Warren Maas Commitment Defense Panel 600 Nicollet Mall, Suite 390 Minneapolis, MN 55402 Mark Hendrickion Housing, Community Works & Transit 417 North 5**' St. Minneapolis, MN 55401-1362 Mr. Kim Boyce, Director County Extension Service 1525 Glenwood Ave No Minneapolis, MN 55405 Douglas Bryant, Superintendent Suburban Hennepin Regional Park District 12615 County Rd 9 Plymouth, MN 55441 Nental Health Association of MN 2021 E. Hennepin Ave Minneapolis, MN 55413 Citizens League 708 South 3^** Street, Suite 500 Minneapolis, MN 55415 H. C. League of Women Voters 81 So. 9‘“ Street, Suite 335 Minneapolis, MN 55402 Ronald Harnack, Water & Soil Resources Bd Louis Smith, Esq., M'haha Creek Paul Haik, Esq., Nine Mile Creek; Riley Purgatory Bluff Creek Bruce Malkerson, Lower Minnesota Watershed District Various Municipalities (Watershed Districts) (Judy Nally, City Golden Valley) (City of Eden Prairie Mgr.) World Web (H.C.) - Stephanie McNamara Carolyn Marinan, Public Affairs Carol Arnold, Pxiblic Affairs Laurie Eleven, Public Affairs ■ ■ ^ " r Thursday, Narambar 07,2002 Schedule For Committee Appointments Members At Large Term End Dt Range 12/31/2002 To 09/29/2003 Term Ending Do Committee/Board Incumbent Length Of Term 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 12/31/2002 CHILDREN’S MENTAL HEALTH ADVISORY COUNCIL Eleen O'Connell COMMUNITY ACTION FOR SUBURBAN HENNEPIN BOARD Janis Callison Marvin Johnson Martin Kirsch COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE Vance Andress, Ph.d. William Bennett Anita Berg Wendy Berghorst Patricia Bowler Lisa Brodsky Kathleen Davis Mary Fleming Scott Harpin Frances Hesch Or Richard Lussky Mary Mescher BenbeneK Dr. Christopher Reif vacant vacant Shirley Zimmerman COUNTY EXTENSION COMMITTEE (MN EXTENSION SERVICE) Herbert Pieper Beverly Roberts HENNEPIN COUNTY LIBRARY BOARD Patricia Izek Carol Walsh HENNEPIN COUNTY SHELTER ADVISORY BOARD R. Sameerah Bilal Monica Delaney Toi Miller-Bowser Cathy Spann Neil Weber Doris Williams Marquerite Winaton-Glover 3 years 1 year 2 years 3 years 3 years 2 years Page t of 3 imMAi mm Term Ending Dt Committee/Board incumbent Length Of Term 12A31/2002 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 4 years David Dombrowski 01/02/2003 HUMAN RESOURCES BOARD 4 years Robert Dolan 02/01/2003 02/01/2003 CHILDREN’S MENTAL HEALTH ADVISORY COUNCIL Sheila Delaney Judy Miller Nancy Petrie Barbara Pfeffer HENNEPIN COUNTY WORKFORCE INVESTMENT BOARD Joan Austin 3 years 3 years Thomas Bodin Norm Champ Nancy Fleming-Norton John Flory Dr. Sharon Grossbach Valorie Jones Marlene Miller Judi Moonen Michael Newman Gregory Olson Mary Pass Charles Pratt Faye Thomson Harold Troup Ann Wynia % tifntiiiteiiiiiririaii inm r Term Ending bt Committee/Board incumbent Length Of Term 02/13/2003 02/13/2003 2 years year MENTAL COMMITMENT ATTORNEY PANEL ADVISORY BOARD Oallis Christenson .NORTH MINNEAPOLIS HEALTH ADVISORY COMMITTEE Earcie Allen Laura Au-Yeung Willie Braziet Mark Brooks Gary Cunningham David Doth Charinitta Ellis April Estes Mike Harristhal Farzaneh Kia Cha Lee Anne Long Terra Mayfield Jodell O'Connell Walter Perkins Margaret Pharris, PhD., MPH, R Beverly Propes George Roberts Rosalind Sullivan vacant vacant John Williams. DDS Rod Wooten 03/08/2003 MINNEHAHA CREEK WATERSHED DISTRICT BOARD Robert Schroeder Charles Thomas 3years 03/22/2003 LOWER MN RIVER WATERSHED DISTRICT BD 3 years Wallace Neal 07/30/2003 RILEY-PURGATORY-BLUFF CREEK WATERSHED BD 3 years Howard Peterson 09/29/2003 NINE MILE CREEK WATERSHED DIST BD 3 years LuAnn Tolliver Bw^lm ii» ■*4® -r '^•v^'-r:u>' - -v- .• •*■ v-t; ':' .•’.J*’ 1<<! nHV'^ //TT !?‘ Mi %. 4'v 1^ You are invited to Idiaij on the Lake Live! Vinter Wondierfand' December 4, 2002 7:00jfm ~ 9:00pm Open House amf Live Broadcast on Cfiannef 21 Jront tfie LMCC Studios 4071 Sunset Drive, ^ring Park PuBfic Wefcome Musicaf entertainment, stories, refresBments and Santa tool Lake Minnetonka Communications Commission '^< pt-i m Mayor, Barbara Peterson City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Dear Mayor Peterson: 1 want to thank you for your letter of October 3,2002. It addressed a host of matters of great concern to both of our cities and. because of the scope of the points you raised, it has taken some time to prepare an adequate response. As you know over the years Mound has been able to develop a truly exceptional fire department. Your reference to continuing increases in cost is true. In our ca.se a new modern facility is required to cover the considerable growth in the cities we serve; since the existing fire station was built 50 years ag< The decision to construct the facility included an analysis of how it will be financed. Mound infonned all fire contract cities of its intent to proceed with a facility improvement project at an open meeting on March 14. 2001. fo that end. Mo.md begun discussions with all of the contracting communities last year to discuss how the costs of the fire station portion of the new building would be ap|)ortioned between Mound and the contracting cities. For example, on Nov-;mber 14. 2001 at our quarterly Mound 1 ire commission meeting the facility financing options were discussed on April 22. 2002 our City Manager and Fire Chief gave a presentation to your Council; and on June 12. 2002 we beg.in meeting w ith all contract cities to review the more detailed economics of the fire facility and the allocation. Those meetings continued on July 2. July 24. and August 6. 2002. In addition to tho.se meetings, contracting cities were provided with estimated operating budgets and cost allocutions on a number of occasions throughout the spring and summer of this year. For example, to assist your city in soliciting other proposals for fire service.' we provided your administrator w ith several items of data on May 23. 2002. Included was an "Estimated operating budget and anticipated contributions by each service area city for the next five years 2002-2006. As more detailed information became known about the costs of the new fire facility, those numbers were updated at least tw ice (June 26. 2002 and approximately September 1. 2002). and your representatives were provided with all such re*, isions. Also, on September 23. 2002. at Orono's request. Mound submitted a proposal for fire protection p' or t0cycwa service to Orono. The proposal actually included the estimated budget for service for Orono in 2003, including allocation of the cost of the new facility. Mound is as keenly aware as any city of the need to have useful data available when budgets arc being formulated. Our every effort was to provide Orono and the other contract communities with the best estimates available, and to update them with new data as it became available. I understand that all of the other communities arc using that data in the formulation of their 2003 budgets. It is abundantly clear to me that wc did this in your case, and that by October 1,2002, you had very' good data upon which to make budget decisions concerning the cost of the fire service for 2003. Mound also provided final 2003 budget detail to all contract cities on October 30,2002 at the quarterly Mound Fire commission meeting. Due to the fact that building construction costs increase every year, delay in building a fire facility will simply add even more to the total costs for all of our service cities. I also agree with you that fir«’ trucks have become increasingly expensi\ c. We typically have set aside money every year until enough has been ac umulated i>) purchase a new truck. Our last truck, a pumper which cost about $264,000.00. was purchased to service all cities, including Orono. I would hope that this would demonstrate our commitment to taking care of the needs of all cities we cover. I am not sure which truck you refei to that cost $600,000.00, but it was not a truck we purchased. However, your point is well taken as it demonstrates the concern we all have with regard to ever increasing costs, it makes it all that much more important that cities pool resources to share expensive equipment. Throughout the process every effort has been made to communicate with the other cities, including Orono. We started the process of talking to all the cities way back in spring ol 2001 . Our Fire Chief and City Manager made a presentation to the council of each city we serve. This presentation included, of course, the Orono City Council. It was not until over a year later that we became aware of Orono's idea to construct a satellite building in Navarre. As a result of Orono’s request, we offered to form a task force to examine every possible concern from each of the cities that we ser\ ice. We did not receive a reply from Orono with regard to this offer. Instead, we were told Orono was only interested in the satellite station, which you wanted to build in Navarre. In response to Orono’s inquiry, our Fire Chief, (ireg Pederson, went to great effort to investigate your request and respond to y ou. I le explained that we simply didn’t have the manpower or the equipment to staff such a facility. He also cited the logistic problems such as which fire trucks would be assigned to the satellite, which firefighte.s would respond to which firehou.se, the added expense for duplicating personnel, equipment, apparatus, etc. I took note of your comments that you met several times with Mound and the other ser\ iced cities and that in those meetings you “have continually proposed other options to be considered by Mound in relation to the fire station and the fire station funding.” I am not aware of any of these options to w hich you arc referring. You have asked only about the satellite station in Navarre, and afier’ve explained that it was not a feasible option. Although 1 understand them, I cannot agree with your comments regarding the Oct. meeting and also your decision not to attend. You received an agenda for the meeting ^ well in advance. (I am enclosing another copy of the agenda). Please review this agenda. I belieVe that it was clear from the scope and content of this agenda that we were open to exploring every possible option. The result of our failure to meet has been the loss of valuable time, which, as you know, has handicapped our efforts to plan and budget for the future. Your letter also addresses the relationship beyond 2003. I understand, and applaud your desire to find the best service at the best price for the residents of Orono. You may find that an acceptable balance between quality of service and cost can be found through a relationship that does not involve Mound. 1 will be sorry if Orono makes that decision, because we have valued the relationship with Orono and do not wish to see it end. However, I am responsible to the citizens of Mound and I cannot think of a way to explain to them why they must pay for the new fire building, while residents of Orono, who are being given full access to our fire services, do not. Finally, you allude in your letter to expanded discussions between all “stakeholders ” for the purpose of finding a “win-win” solution. 1 think 1 already have the solution: Orono continues to receive high quality fire protection service from Mound and pays its allocated share of the budget. This is the approach all of the other communities have chosen. Because time is short and Mound will need to make decisions before the end of this year, I would ask that you let me know by December 5,2002 whether Orono intends to pay its allocated 2003 share of the cost of the new facility as shown in the September 23,2002 RFP, and again confirmed in the final budget numbers provided to you on October 30, 2002. Sincerely, Mayor, City of Mound f V t !i i Agenda Joint Council Meeting Orono and Mound Mound Chy Hall Tburadny October 3,2002 6:30 p.m. 1. Introductions of attendees 2. Identify goals and objectives of this meeting 3. Mound Fire Department perspective and presentation (1 S-20 minutes) 4. Orono City Council representative presents perspective on issues related to fire services and the Mound fecility (15-20 minutes) 5. Mound City Council representative presents perspective on issues related to fire services and position on Mound Fire facility (1 5-20 minutes) 6. Open discussion on important and pertim .a issues a Partnership, ownership, participation □ Financial issues with ^ service a NavatTe neighborhood station a Fire District or other options for the future 7. Summarize and agree on a solution or direction on important issues 8. Adjourn