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10-08-2001 Council Packet
r AGENDA FOR COUNCIL MEETING SET FOR MONDAY. OCTOBER 8,2001.7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KFLLEY PARKWAY. ORONO. MINNESOTA (•) Asterisk items are considered to be routine items to be enacted upon by one motion b>- the Cit) Coiuicil under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet • located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA I. Approve/Amend 7:00 P.M. 2. Sprint Lease Proposal ocr 0 8 2001 CITY Or Unufvy APPROVAL OF MINUTES * 3. Regular Council Meeting orScptci.ibcr 10,2001 * 4. Regular Council Meeting of September 24.2001 PARK COMMISSION COMMENTS - Irene Silbcr, Rcpresentali\c PLANNING COMMISSION COMMENTS - Liz Rcptcscntalivc PUBLIC COMMENTS • (Limit 5 Minutes Per Penon) ZONING ADMINISTRATOR'S REPORT 5. Hazardous Building Action • 200 Hollander Road 6. Amendment to Animal Regulations - Ordinance 7. #01-2702 Brenshell Homes, 3551 Livingston Avenue - Renewal Variances - Resolution 8. #2640/41 Dunbar DevelopmenL Inc.. 2060 Wayzata Boulevard - Final Plan Review - Status Update * 0. #01-2688 Kirt Woodhousc, 1780 Shoreline Drive - Lot Line Rearrangement - RLS Approval - Rcsolutuion MAYOR/COUNtIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 10. Schedule Work Sessions 11. Schedule HRAMeetui. CITY ATTORNEY'S REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 8,2001,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 12. LICENSES Home Occupation Gambling - Resolution • 13. BILLS ADJOURNMENT UPCOMING ISSUES AND EVENTS 2Sfii 10/08 - Council Meeting. 7:00 p.m. 10/15 • Planning Commission. 6:30 p.m. 10/22 - Council Meeting. 7:00 p.m. 1 1/05 - Park Meeting. 7:15 p.m. 11/12 - HOLIDAY, Observance of Veterans Day 1 1/13 • Council Meeting. Tuesday, 7:00p.m. 1 1/19 - Planning Commission, 6:30 p.m. 11/22 - HOLIDAY, Obscr\'ance of Thanksgiving Day 1 1/23 - HOLIDAY. Observance of Thanksgiving Day 11/26 • Council Meeting, 7:00 p.m. J Public A ttendance Meeting D ate /D - 's-C j C ouncil □ Planning C ommission □ Park C ommission □ Other Please fill out the information rei^uesteo BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1.J? o ‘ /y\ 'TH r>ie / a.a ^tsz> A/^;v [(hbf/LJt ________ /?U1A i f\\K ( VAi 4 i i ^ I ll ( {0^ U cii. j t 0 ^ ic^u^' IC ii Cc X 4.4 /K A. \ /> '.r'-'/ ■ C' L^'{ /C/ -iU^V'/C^cV Ai'£-7(4.0 ioI1L-U.IJ-\\A%* 1 1 . ' '*l]Ol> <.cP a -AL c^„ '^^,f kC.Je..u. ... ... Jf 13.. 14.. CGAA^ iiST^(AW R:VDal/utelniini»«« S«ff«turm • OMlMaRMS'JtlUCjm .^(^o A Av'd Public A ttendance Meeting D ate ’0 '3 " □ Council □ Planning Commission □ Park Commission □ Other Please ntt out the infoilmatiun reqijesteo BELOW FOR OUR Cm' RFX'ORDS. PRESENT FOR (from aseiMia) NAME (please print) ADDRESS NAME OR NUMBER I.J. 3. 4,7'^ r.; I? ^5^ -t7C Z s. "7rri't?^n\P ‘iL 1^0 X C'\- .»- 9. ^ ____/ys.'^ ! Z''r-/% Zt/x / 76 y iC y 10^' // '. y?\ JJ -I ^-1 u^f": y, ■» V^jf V7:?'7 ll._T 7i' ///^. 12. ^\t. VM< :ixw^_____v"^li Av\\/ X.//.-y, c7^^3 ^7^’J ss:j,y 9j7o V i' MS’ 3 13.. I4._ I5._ JUVOiRU . Olir\IOIIMS'AlUC.ATT A ••cETtNO REQUEST FOR COUNCIL ACTION ocr 0 a 2001 Cl hr or OMOlVO DATE: October 4.2001 ITEM NO: ^ Dcpartncat Approval: Nanc RooMoone TMIt City Admintstralor Adniaistnitor Reviewed:Ageada Seettoa: City Administrator's Report Iten Desenptloa: Sprint PCS Lease Proposal for Telecommunications Antenna and Tower Atuchment: Sprint PCS Lease Proposal Sprint PCS has submitted a proposal to the City regarding a lease of the City *s property adjacent to the Crystal Bay Post OfTice, for the installation of an 80-100 foot telecommunications tower and antennas. The City*s regulations regarding telecommunications towers and antennas do not allow towers or antennas in residential zones, with the e.xception of antennas located on the City's two water towers, lliesc regulations have enabled at least three different providers of wireless communications services to provide service to Orono and portions of adjacent cities. Sprint is the only provider that has requested an additional tower and antenna site in the city. If the Council was to accept the lease proposal, the siting of a tower in the Crystal Bay area would require an amendment to the City's regulations to allow telecommunications towers in residential zones. Staff Recommendation The Crysuil Bay neighborhood is a historic lakeshore neighborhood located on one of the largest bays of Lake Minnetonka. In the interest of preserving the city's unique character of a scenic waterfront community, and to minimize the visual impact of a telecommunications facility, a lease of the specified property, given its location and prominence in the community, would be an inappropriate use of public lands, not benefitting the citizenry of the City of Orono as a whole. Staff is recommending the Council reject the lease proposal. If the lease proposal is rejected. Sprint may seek to lease private property in the area for the tower and antennas. This option would require an amendment to the City's telecommunications tower and antenna regulations to allow towers and antennas in a residential zone. The Council is not being asked at this time to consider amending its regulations. The only action requested is to accept or reject the lease proposal. COUNCIL ACTION REQUESTED: Motion to reject the Sprint PCS proposal to lease City property' adjacent to the Crystal Bay Post Office for an 80-100 foot telecommunication tower and antennas, and to direct staff to send a letter to Sprint indicating the City is not interested in pursuing a lease agreement with Sprint at this time. ; \ LEASE PROPOSAL TO THE CITY OF ORONO FOR THE PROPERTY LOCATED AT 1355 BROWN ROAD SOUTH ORONO, MINNESOTA SUBMITTED BY SPRINT PCS By The Everest Group (Actiag OQ brlulf of Sprim) 7900Highwiy7 St. Louis Parte. MN5S426 Jaren Johnson (612) S78-6247 TABLE OF CONTENTS Opening Statement..........................................................1 Proposed Site Sketch.......................................................3 Photo Simulations.................................................. 4 Simitar Installation at Hwy 7 & 101.....................................7 ^Pypical ^^tealth ^^oles ••••••••••••••••••••«••••••••••••••••••••••••••••••••••••«••••••• 8 Coverage Map Without New Site........................................9 Coverage Map With New Site...........................................10 Proposed Site Plans.......................................................11 Gniup PtapoMt IbriSpnmPCSFaolin* at TIk OU Cntul Bar f\Mt CNS m OPENING STATEMENT In an efTort to pro\ide complete coverage of PCS telecomintmicatioiis services. Sprint PCS rsprinr) engineers have determined that a new' tdecommunications facility would be appropriate in ^e area which includes the property owned by the City of Orono and locat^ at 1355 Brown Road South (the old Crystal Bay post ofilce) Sprint telecommunications services have proven to be a vital pan of any community's communication needs and emergency response services. The addition of a new facility in this area will provide added and more complete coverage than is currently available. This added and enhanced coverage will benefit not only personal use but also emergency and rescue services in this area. The benefits to the landow*ner that assists Sprint m locating a tower are both civic and economic. The neighbors that surround your property will be directly benefited by the added telecommunications services and emergency services will benefit by having an alternate form of communication in times of need. In fact, the proposed location of this tower is from the many requests of neighbors and others in your area for inaeased Sprint coverage. From a fiscal standpoint, the landowner who leases property to Sprint will benefit by a steady stream of income for many years to come The economic b^efits the landowner will receive are not decreased by any costs. The Evaest Group, in its role as site acquisition and initial developer for new Sprint telecommunications facilities, takes care of all costs associated with zoning, construction and maintenance of the telecommunications facility. Additionally, no presence on the part of the landowner is required at any step in the City approval process. Simply slated, the City of Orono will receive $800 up front for an option and upon Sprint taking physical possession of the leased parcel, monthly rental pa>Tnems, w'ithoui any offset from expenses or fees. PROPOSAL SPECIFICATIONS T>’pically, the prospective landowner signs an option and lease, which allows The Everest Group, acting on behalf of Sprint, to take steps required by the City to erect a new telecommunications facilit>'. Following is a flowchan that describes the t>pical procedure and specifications for this particular telecommunications facility. The lease form that would be used would be similar to that lease executed betw een the City of Orono and Sprint for the Sprint facility on the Orono Water Tower near the Orono City Hall. • The Oprion: Sprint is offering to pay $800 for the right to exercise the lease described below. This is a one-time unconditional payment If SprintPCS docs not use the land for any number of reasons, the City of Orono will retain the option payment • The Lease: Sprint is offering to pay $800 per month for rent. The rental amount takes into consideration the cost that Sprint must incur in initially building the facility*. Typically, the term is for 5 years with 4 automatic renewal options of 5 years each. Monthly rent is increased at each renewal option by 15%. Following is a breakdown of the stream of lease payments and increases over the 25 year period: MOMTHLV iYEAR TOTAL YEARLY TOTAL IYEAR TOTAL 2J YEARPAYMEMTTERIiSPAYMEHTTERM PAYMENT TERM PAYMENT s 800.00 1 $ 9,600 00 S 48.000.00 $920.00 2 S 11,040.00 $ 55.200.00s1.058.00 3 S 12.69600 S 63.480,00s1,21670 4 S 14.600.40 S 73,002.00 $1,399.21 5 S 16.790.46 S 83.952 30 • 1 S 323,634.30 Evmrn<kmp?npem\ faraSpnotPCSFacOiir M Hw OU Cntol B«« Pon OOm • Eipciisfs: As discussed ab<nre» The Everest Groap and Sprint will absocb all coftsassoctircd with the facility. All costs associated widi zoning and City approval will be paid by The Everest Group and Sprint Sepante power and telephone connectioas will be run so that no utility bills are shared. Any property tax increase t^ is a result of the new liKility will be paid by Sprint Sprint will provide insuraoce for the fiKility and obviously, Sprint will pay for the construction of the new fKility upon the leased premises. • Size and Location: Sprint was directed to the Old Crystal Bay Post Office tocadon by Ron Moorse of the City of Orono. The area near the old post office located on Brown Road was analyzed by Sprint and it appears that the site will meet Sprint’s coverage objectives. Ideally, the preferr^ height of the tower would be one hundred feet, but Sprint is willing to consider a lessCT height ofeighly feet that wiU meet the basic coverage objectives. The proposed facility would be placed to the rear of the existing post office building. The minimum lease area Sprint typically requires is a 50* x 50* parcel. However, Sprint would a^gain be willing to minimize the impact upon the area with a 20* x 25* parcel The fiKrility and tower could be screened in any manner that is appropriate to minimize its visual impact upon the neighborhood. • Maintenance and Traffic: The facility would require roaintenance, at most, once or twice a month by one or two Sprint maintenance technicians in a typical commercial van or truck. The maintenance individual would only need to access the equipment area and no other part of the property. • Nobc and Disturbances: The facility will not generate any vibrations, smoke or particulate matter, toxic or noxious matter, odorous matter, fire or explosive hazards, glare, heat, liquid or solid w aste or radioactive materials. The only noise that will be made is that of a standard air conditioner unit • Safely: The transmission antennas do not pose hazards to human health. Studies and reports verify^g the safety of the facilities can be provided at your request Thank you for your consideration and time in this matter. If you are interested in the possibili^ of locating this proposed Sprint facility upon the land described above, or if you have any further questions, please contact me at your earliest convenience as time is of the essence in this matter. Respectfully submitted for your consideration this 27^ day of March, 2001. Jaren Johnson Zoning Attome>' The Everest Group 7900 Highway 7, Suite 125 St Louis Park, MN 55426 612-576^247 PlaccmwM of tlw oqulpmont compound and ataaltli-typo monopolo diracUy boMnd tha post offica building will minimlxa tha aatthatfc Impact of lha alta upon tha naighboftwod. Tba area will ba parcalvad aa a part of tha poat offica buNdbig rathar than a aaparata facility by itaaif. I* ^•:^l f mmm A; ' ■ - ^ -f 'SS ■ ' . -• < r. *• . • •. I„-.;.♦ »’i'fN•.• \ ' ♦ J.. 1 ; • >• >■ laai^akjiiB I’liom MMl I \ I ION Proposed Sprint PCS flagpole style rrtcnopole a! the Post Off ce at *305 DfOAn Road ,. i STEALTH-TYPE (FLAGPOLE DESIGN) MONOPOLE LOCATED AT CUB FOODS ON THE CORNER OF HIGHWAY 7 AND COUNTY ROAD 101 * .1 - I Jaw 1 k'.-’ • " jAl T • irT^ mT •* c/ *.'-(- H liKgl ii V'' ’ ¥ , 1. b^V'r PSiWl ■> r!!h ^ : $$ih^' ■ ' ^1 W Mm& i'^ ii: Yii^ " -.X'i ‘ . Vtrii&\ •*^,v(% HMSij«^ l| :;-v ; •«..’. I »■ pg?st fe ♦ . - .5^ Sii ['\\i .............. m i£r« rsi •»•»} 'I • »• I*. * «• •• . • .v»r • 14. .».• • ••< * |ii>j liii.ti* '•> I )2*4i'tr *>Mii't Ml •,»i4 ...f ■ I'l** ».»!’!*• jn *4*%v !«• irvfl I I'ni » .ir*|i< iM infill M' lr#4*l «M>i1»W» •’ '».»I'|4* i»* MKM il»» S4‘*»‘J ♦••nt!«4« n I. * »t ]•• 11* '*1 «'i i»'«4-«4 ‘* iMiiiM-* Igv 1 /J/s^.'^y ’vvrr '.i> .3^' ;il?^ A ■■' VViW^. .' . .::\v: seiv &fC- 4] iJ^ •"<:s^f;-A3i'Cs Vie .li^uia crjvr t'i'.r j| > -------------------------- •^■/'vVV rnlVv^ ; ■. n m . ,,f I*. I . ,..• •. ii. • . ..• I •I»»,r«u • ♦? |«* »'•»'! •I*J I •• .»• I '• 1|*U« • *• I f I •■ 4M tj ■ •» I . f •• I M !•••** 1^1 4 \«OTfcl^V;. %4Sli f‘-r&«S8L- .-^>44 r / PJ- J ® 9 SITE NO.: MS21XC893A RAW LAND NEW ANTENNAS ON A NEW MONOPOLE Prototct A¥€. N. r.s PiprrTiONS: A iSPORT: verge ONTO l-«94 WEST (STATE ROAD 5). CONTINUE ON l-*94 AS IT TURNS NORTH. AT l-«94 EXIT 199 TURN WEST ONTO 1-294 (hisy 12/WAYZATA BlVO). BEAR LEfT (WEST) ONTO COUNTY ROAO 15 (SHORELINE ORiVE). TURN RIGHT (WEST) ONTO COUNTY ROAO 51 (N SHORE DRIVE). TURN R iCh T (NORTH) ONTO COUNTY ROAO 146 (BROWN ROAO) PROCEED TO POST OEFlCE SITE. AREA MAP NO SCALE STE NUUotfl;ws:nica93A SiTE NAME.crystal bay SITE AOOffESS:U55 brown ^Ca D S3u"Th CRCNO. MINNESOTA 55391 COUNTY.h ENNEPiN 2CV.NC uU*?^$0CTiON:C.TY or 0R3N0 PIN 10-117-23-31-0101 TAX WAP HO.-. A«£A or CONSTRyCTJON:*50 SO. rr. property OWNER C.TY cr CRCNO PO BOX 65 CRCNO. mnnESOTa 55331 owner contact PAUL WE NSEOCER (612) 2A3-A623 APPUCANT;SRR NT SPECT3LM I P. __ 9801 WEST KCC;N3 RO S'JiTE 300 RCSEWONT. IL eocia •*0*r N BvOiEfT 8A7-39A-3COO POWER PRCV»0£R Pt^ONE NSP phone provider Ph CNE C'S WEST PROJfCT o':CN (RAWLANC) lnS'allation cr A wcsopolE tower Wl^H antennas and base TRANSCENER Site (bts) PROJECT SUMMARY TYPE OF CONSTRUCnON;UNlTlKO cabinets use CROUP:u S^-EET NO DESCRIPTION REV T-1 Title E*^Err 1 SITE Survey C-1 SITE Plan 1 A-1 ENJLRCED plan and TCWER ElEVAT ON 1 SHEET INDEX RPOti'lRrv^STS rAOury is unmanned and not ro« human habitation . HANOCAPPEO ACCESS REQumiENTS not REOmREO. TAOUTY mas no PLUM8IN0. ^SprintCom, /nc. rri-ir" I WASHINGTON I GROUP■<ii»unaNU.tic CRYSTAL BAYMsnxom int awn auo M.-- avM «»«««•• »»• TTILE SHEET S r UECEND eOCTf iTwT* POJL tro-M c>nK#a -mi □tc^rit Ptttvt, ec\81tl -Ol NH HM« Note: OAMACt TO 9Tt OURMO CONSTRUCTION SHAU K RtPAtRED TO PROPCRTY ORNCR'S SATTSTACTIOH. SITE PLAN 5CA.C : r • 20’ NOTES: 1 ) rOR Aa B£AR1XCS A OiSTANCCS TO PAC=£RTY UNES. LEASES A CAS£W£NTS. SCC SuRvtY BY tt-STwOX PR0TESSO4AL SCR^CCl INC i) UTIUTIES SHOtilN ARC mou riCiO LOCA-C n S and RCCORO ORAtMNCS AMO rCLO VCR jTjCO RHCRC POSS8LE COP hER STATE ONE CAJ. (l-SCO-252-nee) MUST BE CONTACTED PRiCR TO ANY EXCAVATION OR OCUOUT.CN 3) CONTRACTOR SHALL TRENCH. BACKFW. PROVIDE A INSTALL CONDUIT SYSTEMS FOR BOTH POWER AMO TELCO PER UTAJTY. SCCONOARY POWER CONDUIT A CABLES TO BE PROVIOCO A INSTAUJEO BY contractor . SEC OAC A-1. SEE ELECTRICAL ASSESSMENT REPORT IMSUXCeSAA ANO COMPANY PUX. SEE DRC T-1 FOR UTigTY COMPANIES INFORMATION. muc NORTH Inc, •r.r» rc* kWASHINCTON fCROUPtnneumuLwc CRYSTAL BAYMsaxom STTEPIAN i I W-tl*. SITE PLAN S&HI; l/4-.r-«* V ELEVATION e iriMf COlflPMCHT L£C£NO o PM»Meff PUU9WM ©MCM M • eo D«MCTI ©KM « omm ©KM oc cmm ©fUlWC M • 00 OKKTt ©K o«Mcr ©nmM IK CKKT ©Kc M0 mco CAftNcn ©9t aMTDMk ©CX OMOCC ©spUMr Mcroi MO oacoiMUCT SMncM ©um «;Moir tOK* voaam Krroi - AtMU1HJH/««CKCIOI •cu uc*aa - A»(utH.ltXJiro* ttMM» Kcro* - «u> «evM - I^r^i^^iceiea Ku «aai - i^r.KUjMCTM 6«MI« UCKM - H.T jft*MM(UKCTCII •MM fteroa El ANTENNA SUMMARY ySprinlCom, Inc. mc^ •cvf* x?t OtYSTALBAYMsaxcam I »3 s*CA* tu«i STTEPLAN AND ELEVATION i Q i i I 1 ? Jjg ORONO cm’ COUNaL MEETING MONDAY. SEPTEMBER 10.2001 ROLL ^6 2001 ciJru-, The Council met on ihe ahovc-meniioned da.c with the following memheri present: Mayor Barbara Peterson, CouiKil Members Jim NMiite. Jay Nygard, Richard Mint, and liob Saasexcrc, Representing stafT were Cit> Administrator Ron Moorse, Cit>- Attomes Tom Barrett, Planning Director Michael GafTron, Zoning Administrator Paul U’einberger. Zoning Administrator W endy Bottenberg, Cit>’ EngiruxT Tom Kellogg, Public Scrv ices Director (inrg Gappa, and Recorder Alissa Winlemhcimer. Council Member Sanseverc arrived at 7;05 p.m. Mayor Pelers4>n called the meeting to order at 7:00 p.m. Mayor Peterson opened Public Hearings for Hems 5« 4100 Watertemn Road; 6, 1855 Concordia Street; 7,3477 Livingston Avenue; and 8,1030 Okl Cry stal Hay Road at 7:02 p.m. Then; was no one present other titan the applicants who wanted to address U k * Council. Mayor Peterson closed the Public Hearings at 7:05 p,m. CONSENT AGENDA 1. Approve/Amend Item 2 was removed from the Consent Agenda. Items 5 and 6 were added to the Consent Agenda. Flint moved, and Sansevere seconded, to approve the consent agenda as amended. \’ote: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. Regular Council Meeting of .August 27,2001 Flint staled that there was a typo on page 9 where it states that \Miitc moved and While seconded to approve payment of the All Funds Account. He stated it should read that While moved and Flint seconded. White moved, and Sansev ere seconded, to approve the Minutes of the Regular Council Meeting of August 27,2001 as amended. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 OATH OF OFFICE 3. Ronald llcotIHcks, Part-Tine Police OfTiccr Mayor PcltT2>i)n inlroduccd Officer Hendricks. Moorsc slated lhal Officer Hendricks has worked for Orono as a Community Serv ice Officer and done an outstanding job. Moorse Uien delivered the Oath of Office to Officer Ronald Hendricks. Mayor Peterson asked him to introduce his family members and thanked them for coming. PARK COMMIS.SION C OMMENTS-SMEROKEE ILSE, REPRFSFNTATIVK Use staled that they had given a letter to Council for review that would be sent to I rencli Creek neighK^rs to inform them that waterfowl nesting is down and they believe it is because of dogs running in the urea. 1 hey also w anted to put a notice in the next newsletter reminding people lhal dogs are not allowed in the area. The Commission a*quesled Council consider setting up the ordinance to enable the City to receive I0°/o of the net profits from pull-tab sales to be effective when a new lease is signed for the charitable gambling. Flint stated he felt it was good to review the issue now, but make it elTedive later, ll.se staled that they had reviewed the 14 lake access points and the rationale behind each designation. Ihey spent a great deal of time on Forest Luke Landing. 1 hey decided with a 4/3 vote to allow access to the lake and not designate it as a natural area. McDermott staled he favored making the access a natural area and restoring natural v egetation along the shoreline, such as cattails and lily pads. Use favored keeping it open as a water access, but possibly restoring vegetation along all but about 15’ of the shoreline so lhal a small access remained open as a compromise. PLANMNC; COMMISSION COMMENTS-DAN KLlHI. REPRESEM A1IVE Kluth stated that the Commission had adopted a Consent Agenda, modeled after the Council’s. Nygard slated he did not favor a Consent Agenda at the Planning Commission. W einberger stated that the agenda is made and sent out in advance, and the Consent Agenda would only be used for non-controvcrsial items. Mayor Peterson stated she favored it. Barrett slated that each item must be open for public discussion. Kluth staled that the public is alway s polled for each item. Sansevere stated he did not want the Commission working overly long meetings whenever avoidable. Kluth stated they spent a large amount of time drafting the boat storage proposal that was before Council, u> ing to make it as palatable to as many people as possible. ORONO CITY COUNCIL MEETINC; MONDAY, SEPTEMBER 10,2001 PnUJC COMMENTS None. ZONING ADMIMSTRATOR\S REPORT 4. #01-2692 ABC Supply Company, Inc., 2765 West Way/ala Boulevard-- Conditional Use Permit Weinberger staled llial Myron Dalil, the ABC representative, was not present. Item 4 was mov ed to the end of the Zoning Administrator’s Report, after Item 9. *5. #01-2698 Kim & John Puckett, 4100 Watertown Road—Variance/Conditional Use Permit—Resolution No. 4686 Flint moved, and Sansevere seconded, to adopt Resolution No. 4686 granting v ariances to Municipal Zoning Code Section 10.03, Subdivision 18(B) and Section 10.20, Subdivision 3(0) to permit the barn to be located 100* from the lot line w here 150* is required and a conditional use permit to permit the use of applicant's property for the boarding of horses and instruction in the riding of horses hy a non- owner per Municipal Zoning Code Section 10.20, Subdivision 3(0) and (l*j. \’ote: Ayes 5, Nays 0. *6. #01-2700 Vincent 4k Virginia Anderson, 1855 Concordia Strect—\ ariances-> Resolution No. 4687 Flint moved, and Sansevere seconded, to adopt Resolution No. 4687 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 49 s.f. (.53%) hardcover in the 0 - 75* setback area where 49 s.f. (.53%) esbts and 0 s.f. (0%) is allowed to permit replacement of walkway and steps; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 6,060 s.f. (3435%) hardcover In the 75-250* setback area where 6,060 s.f. (34.35%) e&bts and 4,410 s.f. (25%) b allowed to permit replacement of w alkw ays, decks and to enlarge the deck on the north side of the resid% oce. \ ote: Ayes 5, Nays 0. 7. #01-2701 Mark & Cecilia Schulte, 3477 Livingston Avenue—Variance- Resolution No. 4688 ITic applicants were present. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 7. U0l^270l Mark <1 CeciUa Schulte. 3477 Livitigston Avenue—I"ariance-^ Resolution So. 46S8—Continued Weinberger stated that the applicants requested a variance to permit construction of a 16* x 26* detached garage to be located 5* from a side property line where a 10* setback is required. I'hey would remove an existing carport. They chose the location because it was the best situated for the garage. The Planning Commission and staff recommended approval. Nygard asked if the garage could have been located anywhere else to reduce hardcover through a shorter driveway. Weinberger stated that they require a 10* separation between buildings and the proposed location meets that standard. White moved, and Nygard seconded, to adopt Resolution No. 4688 granting variances to Municipal Zoning Code Section 10.03, Subdivision 15(F) to permit a 5* side setback for an accessory building w here a 10* setback is required. Vote: Ayes 5, Nays 0. 8. t^01*2703 Orono Baseball Association, 1030 Old Cry stal Bay Road —Conditional Use Permit—Resolution No. 4689 Clarkson Lindley of 1588 Homestead Trail. Medina, a member of tlie Board of Directors of the Orono Baseball Association was present. Weinberger stated that the Orono Baseball Association had submitted an application for a conditional use permit requesting approval for construction of a third baseball Held at Uic Lee Carlson Fields Complex. The new field would be larger than the existing two and intended for high school use. Th .liece of the property where the new field would be constructed is owned by the Orono School DisUict and requires a CUP. The access road would lead to a 48 Jail parking area and would include a turnaround w ith a 65* radius that meets all fire and safety requirements. Pedestrian access would include a sidewalk adjacent to the new parking area and provide access to a future trail extension along County Road 6, providing a link to the east. The trail connection would not be constructed by the Orono Baseball Association due to lack of funds. The easement for the trail would be obtained at this time for a future connection. There are no lights propt)sed for the field. It would only be used as a daytime playing area. The seating area would allow for 288 people at the new field, which is based on the 48 parking spaces. ORONO CITY COUNCIL MELTING MONDAY, SEPTEMBER 10,2001 OL UOl-2703 Orono Baseball Aisochthn. 1030 dd Crystal Bay Road-Conditional Use Permit—Resolution AV*. 4689—Continued Mr. Lindlcy stated that ihc youth soccer league u-ould also use the field. ITicy will he able to play in the outfields. So the fields will be used in both the spring and fall seasons by over 1000 resident children. Hie turf of the new field is being engineered for athletic use. He stated there is a natural ravine between the baseball fields and the middle school, which he wants to clean up and enhance as a wildlife habitat. WTiite asked about the e.xpensc. Lindley stated it was costing S225,000 - $250,000, including the driveway access. The Baseball Association is using revenue from pull-tabs at Billy's Lighthouse. The season-long play turf is more e.xpensive to engineer. Flint asked about the Willow View trail. Weinberger slated it ends south of the ravine outside of the baseball area. Lindley stated they plan to construct their proposed trail connection up to the last 2 ”. then let someone else blacktop it. Lindley stated that Heniiepin County may have some funds available for a bike trail. Flint suggested they work with the County and City to see the trail completed so that they arc not hiring tw o sets of engineers, construction teams, etc. I le added that the City could use park dedication fees tow ard the completion of the trail, and indicated the City and the OB.A should work together to figure out how to come up w ith the cash to complete the trail. Lindley also slated that the storage facility would be used by Orono soccer and fmnball teams as well as baseball. Sansevere moved, and White seconded, to adopt Resolution No. 4689 approving a Conditional Use Permit for the construction of a new baseball field and granting variances to Municipal Zoning Code Section 10.50, Subdivision 3 to permit partial use of Lot 3, Block I for outside storage use, subject to the conditions listed in the staff report of September 5,2001 and the condition that the OBA is responsible for grading and base preparation for the trail along Counts* Road 6 to provide a connection hi tween the Willow View Development trail and the trail on Old Cry stal Bay Road, and that the City and OBA will work with Hennepin County and other source! of trail funding to obtain funding for at least the paving portion of the trail construction. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 9. Storage of Boats oa Rcsidcatial Profcrfy —Ordiaaocc 206,2*^ Series GafTron stated that before Council was a draft Ordinance amendment regarding storage of boats on residential property. The Planning Commission reviewed the Ordinance based on comments received at a Public Hearing. Staff re\ iewed the issue and presented a ^commendation that dilTered slightly from the Planning Commission's. The Planning Commission recommended that the ordinance incorporate the following concepts: ■ All boats stored outside must be licensed to the properly owiter/occupant and must be operable, or under active restoration for up to 2 years. ■ Site must have a principal residence in order to store boats. ■ Ma.ximum dimensions of boats allowed to be stored outside are 44' long and 13.S' high. ■ No screening is rcquired for boats allowed to be .stored outside. ■ Such boats may be stored to the side or rear of the residence and at least 10' from lot lines. ■ Boats up to 20* long may be stored in the drivcw'ay in street yard of non-lakcshorc lots 05 long os they meet 10* setback from lot lines, during Junc-July-August. ■ Boats may be stored in lakeshorc yatd as long as they don't block neighbors' views of the lake. ■ Some sort of a Dispute Resolution Committee is suggested, and there should be some guidelines for who is eligible to make complaints about stored boats. Comments received at the Public Hearing suggested that many people currently store boats on their property that are non-conforming and people felt the ordinance was too restricti\ e. They also felt olT-sitc storage costs w ould be in effect on extra tax. A majority of people were against requiring screening. There wtis a strong sentiment that neighbors should work out any issues without the City's involvement. Staff recommended the following: ■ A ma.ximum length of 30' without screening, which is a 50®/o increase over the current standard. ■ A grandfather clause allowing boats over 30' that have been stored on a site in the past 24 months to remairu but new boats or new property owners would be expected to confonn. ■ No screening required for outside storage, but white shrink-wrap is preferred but not required. ■ Boats must be stored at least S' from lot lines and must be at least 15* from any neighboring residence structure. L ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 9. Storage of Boats on Residential Froperty^-Ordinance 206,2^ Series^-Contimted For lakeshore lots boats may be stored in lakeshore yard os long as they don't significantly impact a neighbor ’s view's of the lake. For non-lakcshorc lots boats may be stored in side yard and rear yard meeting boat setback requirements, and boats up to 20’ long may be stored in a front yard driveway meeting setback requirements during the months of May-September. Licensing, operabilit)/restoration, and principal residence guidelines os per Planning Commission recommendation. Complaints regarding a boat stored in the lakeshore yard and impacting a neighbor’s views of the lake will be referred to a dispute resolution committee consisting of the Planning Director, the Building Official, and a member of the Planning & Zoning Department staff. GafTron stated staff had not included any requirements as to who could or could not complain in tltcir recommendation, such as: the person complaining must be directly affected by that which they are complaining about. So a person living 2 miles from a boat stored in sight of passers-by could not complain. He suggested Council might consider such a proposal. Council was handed a copy of Minnetonka’s ordinance, which docs include a statement about w ho can complain. I Ic stated that the ordinance before them reflected siatFs recommendations, not the Planning Commission ’s. Snnsevere stated that he felt any citizen has a right to complain about a situation, lie was in favor of the grandfathering clause and approved a more lenient ordinance. Flint stated he was interested in the Minnetonka ordinance, but was not a*ady to adopt such a restriction. Overall, he preferred flexibility and letting citizens police each other, lie approved of the staff recommendations. Sansevere stated he is concerned that a boat too big to trailer could be improperb blocked and topple, injuring someone or damaging property. GafTron stated that there arc no requirements regarding blocking, but the City could require blocks be inspected. Rich Anderson of 3205 Crystal Bay Road stated that usually the maximum size of a trailered boat is 27’. He owiis North Shore Marina and stated even he would not approve someone ’s blocking because the ground changes with the spring thaw and something secure in winter could fail in the spring. Gar>' Welsh of 1214 Wildhurst Trail stated that boat o\N-ners w*ouId ty pically be careful about blocking their boats because of the expense of the boat. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 9. Siorttge of Boots on Residential Property —Ordinance 206^ 2^ Series-Continued Sanscvcrc stated there was no ready answer to the safety concern. Flint suggested they research other cities* solutions. Nygard stated that white shrink-wTap is detrimental to boats because it docs not encourage the snow to melt. He felt the maximum boat size allowed should be 36*. He did not aga*e with the grandfathering clause, and felt that boats over 36* should be considered on a cose by cose basis depending on the owner's lot size, neighbors, etc. He also did not agree with having separate standards for lakeshorc and non-lakeshore lots. Nygard stated that yard setbacks ore for permanent struwturcs and if a boat is hidden from sight os much as possible, the setback shouldn't matter. White stated he liked the 36 maximum length, and approved of the grandfathering clause. He took issue w ith the setback requirement because of the irregular lot sizes. He also liked the dispute resolution committee, and would like to consider Minnetonka's ordinance in the future. White also stated the staH' had done an excellent Job. Mayor Peterson stated she was disappointed they had spent so much time on the issue. She did not have a preference on the maximum size or color of covering. She fell there w as no feasible way to screen boats with fences or tax*s. She also liked the grandfathering clau.se. Rich Anderson of 3205 Cr> sial Bay Road stated he uses white shrink-wrap in his marina because it is more appealing and he has seen no difference in how the snow melts off of boats. Jim Tyson of 1295 FImwood and Curt Quady of Box 127, Cr> stal Bay both agreed that wh.tc larps are not available in stores. Only commercial shrink-wrap comes in white, so they opposed requiring white covers. Ma> or Peterson also staled she did not think it possible to require a 10* setback because of the lot sizes. She too approved of the dispute resolution committee. Mayor Peterson questioned giving the ordinance a trial period of 12 - 18 months to see what works and what does not. Flint recommended the new* ordinance not have a sunset clause because then the issue wx)uld come back before Council at the end of the trial period. Sansevere suggested any boat over 30* could require a special permit and the fees could go to the Parks Commission. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10,2001 9. Storage of Boots on Residentiol Property —Ordmance 206^ T* Series—Continued Council took a poll regarding amendments to the staff proposed ordinance. WTiitc put forth each amendment to the Council. \VTiite proposed, for the purpose of sur\eying Council, amending the ordinance to allow for a 36* boat length. \Miile. yes. Nygard. yes. Pcterson.no. Flint.no. Sanscvcre.no. White proposed leaving the screening requirements as wiiticn in the ordinance. All. yes. >Miitc proposed leaving ihe grandfathering clause. White, yes. Nygard, no. Peterson, yes. Flint, yes. Sanseverc, yes. White proposed allowing a 0* setback from the lot line. Sanseverc asked the audience if anyone would have a problem with the 0* setback requirement. Flizabeih Reese of 2703 Walters Port Lane slated her neighbor stored his boat just outside her living room window and did not approve of a 0’ setback. Mike LcQuay of North Shore Drive stated lot lines arc not well defined and he would prefer a 5* setback so people are sure to keep their boats on their property. Gar> Welsh of 1214 Wildhurst Trail staled he favored a 0’ setback because he stores his boat between his garage and fence, within 5* of his lot line. Jane Clemmons of 2690 Caroline Avenue suggested they trust the citizens to use common sense aitd the icsolutions committee to solve differences. Brian Rasmussen of 1186 Wildhurst Trail asked why the setback mattered with a non permanent structure. Sanseverc stated 5* is a very short distance. Nygard asked why anyone should be violating an ordinance if he or she and their neighbors prefer a location next to the lot line. Mayor Peterson stated it would be a non-issue if the neighbor ’s don ’t mind. Flint and Sanseverc agreed it w*as better to have a standard of a 5* setback. Gaffron stated he did not w ant people storing their boats over the lot line. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10.2001 9. Storage of Sots on ResUentia! Properly—OnUnaace 206,2^ Series—Continued White proposed allowing a S' setback from the lot line with at least 15' from the neighbor's house. White, no. Nygard, no. Peterson, yes. Flint, yes. Sanseverc, yes. GafTron asked if they want to change the standard for utility trailers os well to the some S' and IS' requirements. White, yes. Nygard.no. Peterson, yes. Flint, yes. Sansevere, yes. Steve Gowdy of 3750 Casco Avenue asked if trailered boats would still be allowed in driveways only from May - September. White proposed that trailered boats be allowed in driveways yc.'ir round. All, yes. White moved, and Flint seconded, to approve the ordinance as presented by staff w ilh the following conditions: that the maiimnm length of a boat stored on-site should be 30', the grandfathering clause should remain, there should be no screening w ith vegetation or fences required, white covers and shrink-wrap should be suggested but not required, boats should be placed at least 5* from the lot line and 15* from a neighbor's home, and trailered boats should be allowed in driveways year round as lung as they' do not impact a neighbor's view of the lake. Vote: Ayes 5, Nays 0. 4. MOI-2692 ABC Supply Company, Inc., 2765 West Wayzata Boulevard- Conditional Use Permit —Continued Mayor Peterson moved, and Sansevere seconded, to table Item 4 to their September 24*^ Council meeting. Vote: Ayes S, Nays 0. MAYOR/COL'NCIL REPORT The Council commended suiff for their hard work. PUBLIC SERVICE DIRECTOR'S REPORT None. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10.2001 City Administrator*! Report and City Attorney’s Report appear alter Licenses. 11. LICENSES Special Event I.Applicant: Event: Location: Date: Time: Lake Country Builders. Inc. Remodelcrs Showcase 2601 West Lafayette Road October 5.6. 7.2001 Friday, 1:00 p.m. - 7:00 p.m. Saturday and Sunday. 12:00 p.m. - S:00 p.m. Moorse stated that the concern was about the availability of off-site parking for the showcase because the road is too narrow for street parking. The applicants suggested using the Navarre public parking lot with a shuttle service. The applicant stated that the western suburbs don’t get as much tralTic os the Edina area, lie expected 8-10 cars would be present at any one time. They would put no parking signs along County Road 19 and Lafayette Road. When the driveway is full, they proposed directing people to the Navarre lot. lltey would keep a van at both the lot and the house to shuttle people back and forth. He assured the Council that they ore professionals who have been in business for 24 years and were eager to work with the City Nygard asked that they clean up the parking lot when they finish. Moorse questioned if they would have room in the Navarre lot on Friday with the park and ride use. The applicant stated that Friday would be the slowest day, and they did not expect to use the lot at all that day. He also stated they would send out a letter to neighbors and would have a staff person working as security. White moved, and Flint seconded, to approve the special event permit for the Remodelcrs Showcase. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10.2001 CITY ADMINISTRATOR’S REPORT 10. Adopt 2002 Tax L07 and Budgct-RcMlntions No. 4690 and No. 4691 Moorse stated that due to the tax refonn package adopted by the 2001 Legislature, the City was losing $309,630 in HACA aid. The total tax levy required to fund the proposed 2002 budget is $2,926,335. The majority of the increase, about 64%. is to replace the lost HACA aid. The tax levy excluding the HACA replacement le\-> is $173,355 (7.1%) increase. The tax levy including the HACA replacement levy is $482,985 (19.8%) increase. Nygard moved, and Sanscs-ere seconded, to adopt Resolution No. 4690 adopting the proposed 2001 tax levy collectible in 2002. Vote: Ayes 3, Nays 2 (Flint, While). Mayor Peterson moved, and Sansevcrc seconded, to adopt Resolution No. 4691 adopting the proposed 2002 General Fund Budget. Vote: Ayes 3, Nays 2 (FUnl, While). CITY ATTORNEY’S REPORT None. M2. BILLS Flint moved, and Sansevcrc seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:35 p.m. ATTEST: Linda S. Vee. City Clerk Barbara Peterson, Mayor MlMiTESOFTHE ORONO CITY COUNCIL MEETING MONDAY. S«p«ewber 24,2001 ocr 0 a 2001 ) C^TYo^o^n^ .1 The City Council met on the above-mentioned date with the follow ing members present: Ma>or Barbara Peterson. Council Members Richard Flint, Jay Nygard. Bob Sansevcrc, and Jim White. Representing City Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planning Director Michael GafTron. Zoning Administrator Paul Weinberger. Zoning Administrator Wendy Bottenberg. City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA I. Approve/Amead Item Nos. II, 12. 14, and 15 were added to the Consent Agenda. Item No. 3 was removed from the Consent Agenda. Flint moved, Sanscverc seconded, to approve the Consent Agenda ns amended. VOTE: Ayes 5, Nays 0. FIRE STATION COMMITTEE UPDATE Gabriel Jabbour and Jim Murphy addressed the City' Council regarding the progress being made on the new Long Lake Fire Station. jabbour indicated the meetings have been changed from Monday mornings to Tuesday mornings, and will possibly be changed to Mondays at 4:00 to accommodate as many people as possible. Tlie committee is in the process of hiring a construction manager to work in conjunction w ith the architect in order to monitor the costs of the project. Murphy stated in his opinion the committee is working well together, with four dilTerem firms being inters ie wed for tJic position of construction manager. Flint noted the Council did approve the hiring ot a construction manager on tonight's Consent Agenda. Murphy stated in his view the firm being hired for this position w ill do a good Job. Flint inquired whether the firm being hired for the construction manager would also be working on the Long Lake City Hall facility. Moorse stated this firm will play a minor role in the Long Lake City Hall and this w ill not impact the fee being charged for the (ire station project PAGEl MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY. September 24,2001 (Fire Slalioii Committee Update, Continued) Murphy indicated the committee did inquire of the construction manager's fee schedule and how that would be paid. The comminee at this point feels that there will be sufficient savings on the construction in order to offset the costs of the construction manager. PUBLIC HEARING - 7:00 P.M. COFFEE CHANNEL SNOWMOBILE ACCESS Moorse stated a public hearing has been scheduled to discuss possible options for addressing the snowmobile access issue, the use of ColTcc Channel, and the use of a 15-foot wide alle>Avay located bct>%een 1998 and 2000 ShadsAunxI Road. In March of 2001. the Hennepin County Water Patrol closed Coffee Channel to snowmobiles due to unsafe ice conditions, which resulted in a number of snowmobilers using the alleyway. I1ie City Council, in response to concerns raised by the two property owners on Shad>'>vood Road, decided to close the allevway to snowmobiles and directed City Staff to explore solutions to tlie snowmobile access issue. Staff explored the option of a floating bridge to provide safe access througli the Coffee Channel, which was determined to not be feasible due to a number of reasons. The primary' reason was that a floating bridge would not have a solid base at the ends due to the current in the area. Other issues considered by Staff were the possibilit) of purchasing property to provide for a w ider access lane; widen the channel and replace the bridge with one that accommodates snowmobile access; close the channel to snowmobilers; open the alleyway to snowmobilers; and close the alleyway to snowmobilers with the e.xception of use by the Water Patrol, llie Water Patrol has requested the ability to use the alleyway. Staff also discussed this issue with the DNR, with the DNR indicating that the 15-foot wide alleyway located directly adjacent to the two homes is not a desirable snowmobile route and is agreeable to working with the City to arrive at a long-term solution. Moorse stated the DNR did indicate they would be agreeable to working with the City to determine whether the acquisition of property would be a more feasible option, w ith possible funding being available through the DNR to implement this solution. Moorse stated Hennepin County Transportation has indicated the current bridge on Shadywood Road is structurally sound, w ith no work being planned on the bridge over the next five years. Staff feels the 1 5-foot w ide alleyway is not a desirable snowmobile access alternative due to noise and safety concerns. Staff feels the best long-term solution would be the acquisition of property' for snowmobile access. Mayor Peterson noted the City did receive some letters from local residents indicating their position on this issue. Mayor Peterson opened the meeting for public comment. John and Carol Weiland, 1966 Shadywood Road, addressed the Council regarding their concerns for opening the alleyw ay. Mrs. Weiland stated they arc aware of the snowmobile situation in this area and have discussed this issue w ith Council Member Nygard regarding possible solutions. Mrs. Weiland stated they would propose that the City* leave Coffee Channel open for access by snowmobilers os long PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETINCJ MONDAY, September 24,2001 (Coffee Chanael, Conliaucil) as the channel is safe, noting there arc times of the year when it is not safe. \trs. Weiland stated in her opinion the purchase of property to accommodate a wider access is not economically feasible due to the high cost of land in the area. Mrs. Weiland stated in her opinion the most economically feasible option would be to construct a snowmobile trail adjacent to the highsvay up to Fagemess Point., with the trail also acting as a sidewall in this area. Mrs. Weiland noted there is no sidewalk current!) in this area. Mrs. Weiland stated the original intent foe the 15-foot wide alle>wa> was to allow access by emergency vehicles to the lake in the event of a fire and to obtain ice for refrigeration, which do not apply today. Mrs. Weiland expressed concerns regarding the high amount of traffic on Shad>wood Rivad as well as the limited sight view for cars attempting to cross the highwav. Mrs. Weiland also expressed concerns regarding the large number of snowmobilers that would use this allev'way and the necessity to cross the highway to gain access to the allcvway. Mrs. Weiland stated in her view a number of snowmobilers do attempt to keep an open area of water through this area in order to skip water, which is a game to them. Mrs. Weiland suggested the snowmobile clubs provide an area where they can safely skip water, with one possible area being near Dig Island, which would not bother the local residents and create a safety hazard. Mrs. Weiland stated there is also a swift current that runs through this channel and causes a further safety hazard. Mr. Weiland stated in his opinion keeping the channel open is a viable solution, with larger signs being posted indicating the channel is unsafe when there is open water. Mr. Weiland slated the snowmobilers do knock down the signs. Mrs. Weiland noted her and her husband have rescued three people in the past because their snowmobiles had gone through the ice in this area. Mrs. Weiland encouraged the Cit> Council to consider leaving the channel open since it is the most safe solution at this time. Janet Sollau, 1998 Shadvxvood Road, stated she v\as dramatically traumatized by the large number of snowmobilers utilizing the alle)vva> adjacent to her propertv, and stated she docs not want to live that way again. Kurt Silton, .1237 Ciladston^ ! ane. Mound, stated he is the president of the Westonka Snowmobile Club. Silton stated the Westonkc Snowmobile Club is a verv* family oriented club, with a large number of >oung children being members in the club. Silton staled in his view Coffee Channel is probabl) one of the most dangerous spots on the lake and options need to be explored for when the channel becomes i,nsafe. Silton stated the 15-foot allevwav is a poor solution, but it docs prov ide access to the lake when the channel is unsafe and is the only alternative at this time available to snowmobilers Silton stated in his opinion the snowmobilers arc not kn^king to skip across open vsater since it is known to be very dangerous and is not promoted by his club. Silton stated the Water Patrol docs patrol tliis urea and docs issue tickets for skipping open water in this area. Silton stated driv ing alongside the highway is a possibility, noting that kids under 12 years of age arc not legally able to cross the road. Silton stated in his opinion the best solution is to widen the channel, noting the channel is toe narrow in the summertime also. Silton slated his club would be willing to help post signs indicating an alternate trail. PAGE 3 MINUTES OF THE ORONO cm' COUNCIL MEETING MONDAY, September 24,2001 (Coffee Channel, Continued) Sansevere inquired how many of his members are under 12. Sihon stated it is a famil) club and lliere arc a number of kids under 12. Sillon slated he does not have the exact breakdown at this lime. Fay Dawson, 1940 Shadvxvood Road, stated she has lived here for 16 >ears and in her opinion people look to their homes for security and safety. Daw son stated Orono does have a large number of public accesses available to the lake, and in her opinion the residents of Orono should not have to have the financial responsibility placed on them to provide accesses to every possible location snowmobilers may want to go to. Dawson expressed a concern regarding the petition that was circulated in her area, noting that it is her understanding people were told if they did not sign the petition, they w ould have snowmobilers driving through their yard. Bill Omlie. I860 Shadywood Road, staled he would like a permanent solution to this problem, noting that he does have snowmobilers driving througli his yard when the channel is open. Omlie stated the channel is not effectively blocked when it is unsafe which allows the sni'wmobilcrs to go througit the channel. Omlie slated due to the safety concerns, in his opinion the alleyway cannot be discarded until a better solution is found. Omlie reiterated a pennanent solution needs to be found, especially since there are a large number of snowmobilers who reside in Orono. Bob Albertson, 2100 Shadyxvood Road, staled he lives approximately one block south of CotTec Channel and he and his family have lived in this area for 38 years and are snowmobilers. Albertson stated he and his children have used this fire lane in the past, noting the alleyway was donated to the City as public land approximately 80 years ago. llie primary use at that time was for fire truck access to the lake and obtaining ice. w ith a very' limited number of boats in the area. Albertson stated times have changed and there arc a significant number of people who own boats and snowmobiles nowaday s. Albertson stated this alleyway has not been publicized in the past, with a large number of the snowmobilers not being aware that this access point exists, and as a result they use Coffee Channel even though it is unsafe. Albertson stated the residents in this aa*a pay taxes to use the lake and the lake access points, w ith the number of snowmobilers being on the rise. Albertson stated the City needs to look to the future and prov ide safe access to the lake. Albertson stated widening the bridge or road is not economically feasible at this time. .Albertson stated the only proper way to use the channel is to have the Water Patrol properly test the ice and close the channel when it is found to be unsafe. Albertson stated snowmobiles generally are 48 inches wide, with a typical road Iwing 12 feet wide in Orono. Albertson stated in his view there is ample sp;ice for travel through the channel, and suggested that a five-mile an hour speed limit be posted »hrough this area. Albertson stated Seton Channel is not a viable alteniative since it is also unsafe at times. Albertson st.'iled the state ordinance nrads that it is unlaw ful for a person to operate a snowmobile on the roadway, shoulder, inside the bank or slope, or any street or highway. Albertson stated the fire lane needs to be open when the channel is unsafe and should be deemed unsafe by the proper authority based upon appropriate testing. Until a better solution is found, the alleyway is the only viable solution at this time. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24,2001____ (CofTcc Cbaand, CoAtinued) Richard ChiKk, 2213 Shad>A%ood Road indicalcd he \%as bom and raised in this area and has used CofTcc Channel many times as he \%as giouing up. Chock staled he has seen a number of people go through the ice in this area and has rescued a number of pei^ple. Chock slated in his \ ie\s a better solution needs to be found for the snowmobilers since they do help the economy of Orono. Chock indicated he has also used this atlesssay in the past when the channel is unsafe, and encouraged the Council to lease the alle>way open until a better solution is arrived at. Mike SchultA 3022 Bluffs Drive. Mound, expressed concerns regarding snowmobiling and the use of Coffee Channel. SchulU staled he understands the concerns of the adjoining properly owners to the alleysv.iy and that the issue of safety needs to be addressed. Schultz indicated more and more families are becoming involved in snowmobiling. with Lord Fletcher's being a popular place to visit. Schultz, stated the >oung children riding snowmobilcrs arc not always aware of the dangers of going through Coffee Channel and that the fire lane is the only viable, safe passage through that area at this time. SchulU encouraged the Council to keep the fire lane open. Roger Kirchner, 2000 Shady wood Road. presentc*d pictures to the audience and City Council illustrating the allcvxvay and the damage caused by .snowmobilcrs to his property. Kirchner stated he h.is young grandchildren who visit iKcasionally, with this property being owned by his family for the past 60 vears Kirchner stated back in 1971. a sign was erected by the City ne.xt to the alleyway saying no snowmobiling allowed. Kirchner stated their homes are located 25 feet apart, with their homes being three feet from the fire lane, and due to the number of snow mobiles that utilized this fire lane, along with the noise they created, it cau.sed their whole residence to shake and rattled the mirrors in their bathroom. Kirchner stated in his opinion this is not a safe, v iable alternate for the people who live in these residences. Kirchner staled leaving this allevxvay open to snowmobilcrs would greatly diminish iheif qualit) of life and they should not have to tolerate this situation John Schultz. 3192 West l-dgc Boulevard. Mound, stated his properly abuts llalstcd Bay. with his property being utilized by the snowmobilcrs when ilalsted Channel is unsafe. Schultz stated he has been approached by several different neighbors requesting this area be closed down but has refused due to safely reasotiN to avoid the necessitv of people using the channel when it is unsafe. Schultz stated he is a snowmobilcr and has lived on the lake for 27 vears. Schultz pointed out these two properties are probabl) non-confomiing under today *s Building Codes. Schultz encouraged the Council to leave this alle>way open for snowmobilcrs due to the safety issues involved. Mark llawkin. .^023 Ivv Lane. Mound, stated he has been snov. m. biting on this lake for approxlmateh 21 vears now, w ith ColTce Channel being a concern. Hawkin slated the Water Patrol does issue a S90 ticket to people speeding in this area and does routinely check the ice in this area, llawkin slated a better long-lemi solution needs to be found, with the alleyway being the only viable option at this lime. David Soltau. 4608 Harriett Avenue South. Minneapolis, indicated his mother lives it 1998 Shadywood. Soltau stated he spends considerable time with his mother at her residence and is aware of the situation and the trauma lliat it has caused to his mother. Soltau staled in his opinion snowmobiling is a privilege PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24,2001 (CofTec Ciianiicl. Conlinuid) and not a right, uiih snoumobilent nevding to exercise proper responsibility and caution uhen snowmobiling. Sollau staled his mother's quality of life vsas destroyed by the snovwnobilers trespassing on their property, and in his opinion the Council should not say that crossing the road at this IcKation is a safe alternate. Soltau slated due to the limited sight lines in both directions, the Council should not allow snowmobilcrs crossing the road in this area Soltau reiterated that using the lake is a responsibility and a privilege and not a right. Dave 1‘lmquist. 1930 Shadywixxl Road, stated he has experienced problems with snowmobilcrs for a number of years, citing the fact that snowmobilcrs cut through their property illegally. LImquist stated if snowmobilcrs see one track, they assume it is a trail, which winds up being heavily used by a number of snowmobilcrs at one time. FJmquist stated since snowmobilers tend to ride in packs, you have to deal with the noise from every snowmobile, not just one, at every hour of the day Elmquist slated the fact of llie matter is that snowmobilers damage property, bushes, and gardens, attd tend to use a wider area than what is designated as a trail. HImquist stated in his opinion there are a number of snowmobilers who are not responsible and do make water skipping a game, which tends to keep the channel open more than anything. F.lmquist stated the snowmobilcrs routinely take down the signs erected by the Water Patrol. BImquist stated another alternative to leaving the alleyway open needs to be found, with these two property owners having a right to live in this community and to have a happy, qtiict environment. BImquist stated the snowmobiles on the market are able to do over 100 miles an hour, with Lord rietchcr's being a popular place for the snowmobilers BImquist reiterated that the fire lane is not a v iable option in his opinion. David Albertson. 3124 Brooks Lane. Minnetonka Beach, indicated he was born and raised at 2100 ShadyxvtHHl Road, and has been snowmobiling the majority of his life. Albertson stated he has used this fire lane as well as the channel the majority of his life since his property is landkKked. Albertson stated he did not experience any problems using the fire lane until the past three years, noting the sign prohibiting snowmobilers was actually taken down for approximately ten years and was only recently put up again two years ago. Albertson slated he has been chased out of this fire lane by the Soltaus. with the police informing him that he does have a right to use this fire lane. Albertson stated he is in favor of this fire lane being Ic , open for snowmobilers. noting the property owners being aware at the time they purchased their properties that there is a fire lane in this area Albertson stated the residence was constructed that close to the fire lane because a variance was granted by the City John 1 himmesh. 1945 Bagemess Point Road, stated he is a snowmobiler and has used ColTee Channel in the past, lliimmesh staled he was unaware of this alleyway until bst year when it was blocked off, noting he would have used this alleyway when Coffee Channel was unsafe. Thimmesh indicated snowmobilcrs do cause damage to property as well as to the lakcshore. but that the alleyway is probably the only safe alternative to the channel when it is unsafe. Janet Soltau, 1998 Shady wood, slated at the lime she purchased this property back in 1988, she was assured by the City that the fire lane w^ used for emergency purposes only, w ith the previous property owner infonning them that the alleyAvay was only rarely used by snowmobilers Soltau stated the fire lane was posted no snowmobiling at the time she purchased the property. Soltau Indicated they have stored a t^at and a fif\h-wheeler in the fire lane until 1998, when the City requested they move the boat. PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETIM; MONDAY. September 24,2901 (Coffee Cbannel, Cooliooed) Soliau staled iKc fire lane \%as utilized by them for snow storage and has never been purposely blocked b> them since it was alwa>$ their understanding that the fire lane was noUo be used by snowmobilers. Soltau irdicated the sign was taken down for awhile due to some work that occurred on their property to correct orainage problems and vsas rc-crccted by Mr. Kirchner. Soltau stated it is her belief that this is not an appropriate place to send 300 snowmobilcrs or howeser inan> snowmobilcrs in one week. Bob Albertson. 2100 Sliadswood Road, indicated his son did go around the area b> the channel and collected 214 names on a petition. Albertson stated the names on the petition arc ta.\pa>ers who pay to use the lake. Albertson stated unfortunately a solution w ill never be found that is 100 percent acceptable to e\cr\hod\, and due to the salVl> issues with the channel, the fire lane offers the best solution at this time. Albertson suggested the fire lane only be used during the times when the channel is unsafe, which will probably be four to si.\ weeks a year. Albertson staled b> bkKking this fire lane, it w ill result In more snowmobilers traveling through other people's private propert) . Albertson suggested the Cit> check on the numlKr of accidents that have occurred on Counts Ri>ads 15 and 51. noting in his vic A crossing the road at this location should not be a problem. Sansevere inquired whether David Albertson told the people he approached with the petition that if the nIIcNway is closed it would result in snowmobilcrs going through their properties. Das id AIlKilson stated absolulel) not. Albertsiin staled he spent the time explaining the situation, with homeowners telling him that they have snowmobilcrs going through their yards. Robert Kirehner. 2000 Shadywixul Road, stated he disagrees w ith Mr. Albertson regarding the safety of the corner in this area, with the grade of the road going up os to come to the roadway. Kirchner staled in the wintertime the snow tends to bIcKk the view further. Kurt Silton. Mound, indicated the manufacturers of snowmobiles toda> arc making snowmobiles quieter. Silton slated in general the snowmobiling community is concerned about the noise generated b\ snowmobilcrs. with steps being taken to address that issue. Carol Weiland. 1966 Shadswinxl Road, staled in her view the pictures shown by Mr. Kirchner are worth a 1000 words and that she would not want to put up with what those two property owners would have to put up with if snowmobilers are allowed through this fire lane. Weiland stated one main issue the Albertsiins base discounted is the high volume of traffic in this area, with ShadvwiKxl being a hazardous intersection Weiland encouraged the Cits Council visit that intersection and imagine what it would be like to see a snowmobiler coming. Weiland indicated she is not familiar with the ordinance referred to earlier, but to her knowledge there arc a number of pathwa>s that have been constructed alongside of highways for snowmobilers to use, v*hich would eliminate the need for snowmobilers to go through people's vards. Weiland noted the Albertsons do live on the lake and arc able to access the lake through their own property, and suggested that the Albertsons open their property up for snowmobilcrs. Ma>or Peterson closed the public comment portion of the hearing at 8:36 p.m. PAGE? MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, Scpicnbcr 24,2001 (Coflcc Clmiinel, Continued) Sansevere staled he would like to hear from Orono*s Police Chief and representative from the Water Patrol. Sansc\ere inquired whether the channel way is safe and whether the alleway is safe in their opinions for snowmobiling. Police Chief Good stated she has learned in Ute short lime she has been Orono*s Police Chief that the Coffee Channel is never safe for snowmobiling. Good stated the use of the Shad>A\tHxJ access in her view is not an acceptable alternative. Good stated the role of the police chief as a public serv ant is to enforce whatever the Council decides, with no easv answers being found regarding this issue. Good staled there arc public safely concerns on both sides of this issue, noting the City Ordinance that has not yet been discussed is that operation of recreational vehicles is unlaw ful where the operation conflicts w ith the law ful use of property or would endanger other persons or property. Good staled both sides of this issue need to be considered as far as public safety', but that in her view the use of snowmobiles in this location would conflict w ith the lawful use of the property. Good noted it is also unlawful for the owner of any recreational vehicle to permit the use of it on any private property w ithout written permission of the property ow ner and on City property w ithout the permission of the Council, which is the issue before the Council tonight. Brad Erickson. Hennepin County Sheriff s Department, slated he is confident in stating that the ice in the Coffee Channel is always unsafe due to the strong current in the channel, which tends to make the thickness of the ice vary in spots. Erickson staled the Water Patrol would like to see the alleyway remain open for Water Patrol use. Sansev ere inquired whether Erickson had an opinion regarding the safety of the fire lane for snowmobile use. Erickson stated that is a City issue for the Council to decide. Nygard inquired what kind of a problem it is for the Water Patrol if snowmobilers use the channel. Erickson stated it is a large problem for them, noting that a large number of snowmobiles and AT\s that go into the lake each year. Erickson stated there have been some serious injuries but no deaths to date. Nygard inquired whether Erickson feels that the fire lane should be open to public use due to the safely concerns of the channel or whether other options should be pursued. Erickson stated they would prefer to see a safe land crossing in this area, with the location yet to be determined based on tonight's comments. Nygard inquired whether they would like to see Coffee Channel permanently closed. Erickson stated that is one of the options that they would look at but is not aware at this time what the e.xact recommendation would be regarding closing it permanently. PAGES MINUTES OF THE ORONO cm' COUNCIL MEETLNG MONDAY. September 24.2001 (Coffee Clufliel. Continoed) Sansc^crc staled at the beginning of the meeting he \%as billing to consider Ica\ ing open the channel when it was deemed safe by the Water Patrol, but based upon the comments by Mr. Albertson and the representative from the Water Patrol, he is convinced that is not the best way to go. Sansevere noted Albertscm indicated the water could become open at any time, with Mr. Erickson indicating that the ice in that area is not safe at an> time. Sansevere stated in his opinion there are safetv issues with using the fire lane due to the closeness of the residences and that these two property owners should not have to live w ith this dangerous situation. Sansev ere stated he would pn>pose to close the channel and allevwav and leave it open only for use by the Water Patrol, with Staff l^ing requested to work with the DNR on finding another viable solution. Ma>or Peterson inquired whether the Water Patrol deems any part of the lake to be safe at an> time. Erickson stated llic Water Patrol would never say the ice is safe anvwhcre on the lake, cspeciallv in the channel. Sansevere stated he is not suggesting the entire lake be closed, but lliat the safety issues with using tlio channel need to be addressed. Nygard stated to his knowledge the City Council divcs not have the authority to close the channel and that the LMCD would have the proper authority to close it. Sansevere suggested this item be discussed with the LMCD. I lint stated there arc a number of gov ernment agencies that would need to be involved w ith closing the channel, lie would not subject any resident of Orono to the noise and vehicles using this fire lane. Mint stated in his opinion using the fire lane is not the best long-temi solution and that if the allevway is opened for snowmobilers. it mav become the long-term solution and other options would not be e.xplored. Flint stated in his opinion the Citv needs to continue to work with the DNR to allocate the appropriate funds to deal with this solution. Flint stated he would prfer some type of solution with the bridge be e.xplored Nvgard stated this is a confusing situation and there are a number of issues that need to be considered. N)gard suggested a three-way stop at the intersection bv the Super America station be considered in order to address the traffic concerns and help slow the tratTic down in that area. Nvgard stated unfortunatel.v this is a large safcl> issue, with the responsibility of the Council being to address that safety issue Nvgard stated he would be in favor of closing the channel down periodicallv when there Is open water and utilizing the fire lane. Nvgard stated there arc also issues relating to the bridge during the summertime a? well that need to be addressed. >^*hite indicated he is in support of keeping the allevway closed. Wliiie stated in his opinion most snowmobiling clubs arc very responsible and lend to follow the rules, with the snowmobilers who do not belong to clubs tending to be the ones who do not alwavs follow the rules White siateu in his view these two property owners who live next to the fire lane should not be subjected to the amount of traffic and noise that would be generated by snowmobilers. White stated he is in agreement that if the alleyway is lefi open, it may become the permanent solution, which is not a viable option. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, SeplCMbcr 24,2001 (CofTec Chjiiiiiel, Continttcd) Mayor Peterson indicated she also is in support of not opening the alleyway at this time and that this issue may be much larger of a problem than w hat the City perceives. Peterson suggested that the cities associated with the LMCD approach the DNR with this issue, noting that the lake is used by a number of different cities. Peterson concurred that the use of the lake is not a right but a privilege and that every resident needs to respcck the rights of others. Peterson encouraged the City to continue to w ork w ith the DNR to find an acceptable solution to this problem. Sansescre moved, Flint seconded, to dose the alleyway located between 1998 and 2000 Shadywood Road to all snowmobile traffic except use by the \Vater Patrol in emergency sitnations, and to direct Staff to w ork w ith the DNR and the LMCD to find an acceptable solution to the Coffee Channel, w ith City Staff being directed to block off the alley w ay . Moorsc staled he w ill discuss possible options for blocking off the alleyway, w ith one option available being to installing a gate across the alley-way with the Water Patrol being given a key to open the gate, VOTE: Ayes 4, Nays 1, Nygard opposed. (Recess taken from 8:56 p.m. to 9:12 p.m.) APPROVAL OF MINUTES (83) REGULAR COUNCIL MEETING OF SEPTEMBER 10,2001 Flint requested the minutes be amended to reflect that a discussion was held regarding the construction of a trail along the north side of the Lee Carlson Fields and that the motion also include the requirement that the trail be constructed. Flint stated there was another aspect to the motion which also may not have been included, but at this time he does not remember exactly what it is. Sanse*erc slated he does not remember what his c.xact motion was. The Council requested the recorder review' the tapes ano amend the minutes accordingly. Flint moved, Sanseverc seconded, to table the minutes of the September 10,2001 City' Council meeting pending clarification of the minutes. VOTE: Ay es 5, Nays 0. PARK COMMISSION COMMENTS - DEBORA HALVORSON, REPRESENTATIVE Halvorson reported the golf tournament sponsored by the Narrows Saloon w as held recently, w ith the proceeds being allocated to the Park Fund. Halvorson stated at the present time the c.xact amount of profit has not been determined, but is lower than anticipated due to poor weather. The Park Commission is considering using the funds to possibly add a drinking fountain at the Navarre Park, Halvorson noted the Park Commission has not heard back from the MS Society on their request for financial assistance. PAGE 10 MINUTESOFTHC ORONO CITY COUNCIL MEETING MONDAY, Scple»bcr 24,2001 (Parle Commiftiion CoaiMcats, Coaliaacd) The Park Coriimi^ksion is also considering purchasing new play cquipmeni for Hackherr) Park in the year 2002 at an approximate cost of $50,000. Ilalsorson request^ the City Council consider including this item in next year’s budget. Sansevere inquired how much is currently in the Park Fund. Wliite noted it appears to be less than $50,000. >\liite stated it is too late for the Park CommUsion to request any funds be put into the Park Fund for next year’s budget. Flint stated the Park Commission would need to borrow the money from another fund and pay it back later. Halvorson stated Jim Anderst would like to make the golf tournament an annual c\ent. with the proceeds being allocated to the Pork Fund. May or Peterson indicated her appreciation to the Narrows Saloon for sponsoring this golf tournament. PLANNING COMMISSION COMMENTS - SANDY SMITH, REPRESENTATlkT Smith indicated she would be present at tonight’s meeting to answer any questions the Council may have regarding any of the applications. LMCD REPORT - LILI MCMILLAN McMillan noted Greg Nybeck, Executise Director of the LMCD. is also present at tonlglu’s meeting to ans%%er any questions the Council may have. McMillan recommended a special committee be establislied to work on possible solutions to the CofTec Channel problem since it will irvolve a number of difTcrent cities and government agencies. McMillan noted the LMCD only regulates the surface water. Ny gard suggested any improvements to the bridge over Coffee Channel be made to accommodate the larger boats as well McMillan noted the next LMCD meeting is scheduled for October 10^. PUBLIC COMMENTS Jane Clemons. 2690 Caroline Avenue, read a letter expressing her dissatisfaction with the Council's demeanor concerning her comments at the September 10*^ Council meeting Clemons stated in her view the City does not consistently apply the ordinances, with several violations occurring at the residence adjoining her property, with Staff taking little or no action to correct the problem. PAGE 11 MLNXTESOFTHE ORONO CITY COUNCIL MEETLNG MONDAY, September 24,2001 (Pubik Coraraents, Continned) Sanscvcre atlcmpted to explain that the point be uas attempting to make at the Council meeting was that it is dinicult for neighbors to resolve problems when the neighbors do not get along. Sansevere stated he docs not recall an>one bughing at Mrs. Clemons and that it was not his intent to be disrespectful to anyone. ZONING ADMINISTRATOR’S REPORT (M) #01-2692 ABC SUPPLY COMPANY, INC^ 450 OLD CRYSTAL BAY ROAD NORTH - CONDITIONAL USE PERMIT - RESOLITION NO. 4692 M>ron Dahl, ABC Supply Companv Representative, was present. W cinberger stated the ABC Suppiv Companv has been leasing the VCI Capital Building since .March of 2000. with the property being used to store construction supplies. Wholesale and warehouse businesses are listed as ^permitted uses” in the Industrial District. Hie wholesaling operation permits ADC to receive and deliver materials in bulk amounts to and from vendors and contractors olTsite. No mdividual retail is pennitted in the Industrial District. The City is net aware of any regular retail operations occurring at this liKation. ABC’s current use of the property is consistent with the Intent of the Comprehensive Plan and Zoning Ordinance. ABC is requesting a conditional use permit to allow permanent “outside storage” of stiKk materials on the propert). ADC has been storing nuterials outside on the site since mov ing to the propertv. Weinberger stated the primarx' need for outside storage will occur in the spring and early summer when there is e.xpected to be excessive stock on hand for the upcoming construction season. I1ie Zoning Ordinance dives not specify what permanent or temporarx' outdoor storage would be. Stafl'has reviewed other cities’ ordinances and has determined that 72 hours would be considered temporarx storage and assumes that items are delivered on a Friday afternoon and arc stored on the property until Mondav when the items could be brought indoors. Weinberger stated Old Crx stal Bay Road runs along the west side of the property line, with a 26 fixil wide road, a gale, and an outside storage area located also on the west side of the property. The southern portion of the propertx consists of cmpIo>ec parking, with the Applicant agreeable to relivcating the emplo>ee parking along the cast side of the property in order to address parking concerns. Weinberger stated the outside storage area will consist mainly of itxifing materials and other materials stacked on pallets two pallets higli, between six to eight feet in height. In reviewing this application. Staff did take into account some concerns expressed by the adjoining residential pavperty owners regarding screening and landscaping Ihc conditional use permil'industrial District standards require the Applicant provide screening to bufTer the storage area and activit) associated with the outside storage area. llie Applicant has agreed to place two signs on the proper^' which requests that any vendor coming to this site would drive around to the building and park on the east side of the property. PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY. September 24.2001 (MOI-2692 ABC Supply Company. Continued) Weinberger stated the other issue before the Council is the language in the Comprehensive Plan, which says that industrial development will be controlled as to not encroach upon or adversely impact primary' residential land uses in Orono. Weinberger staled the deliveries by large vehicles has ^en moved to an area where it is strictIv industrial, with tne parking also being relocated to lessen the v isual impact to the adjoining property owners. The Applicant has agreed to construct a si.vfoot berm along vv ith planting of six foot evergreen trees and other trees on and around the berm. Weinberger stated the resolution before the Council states that the Applicant vviP ;j!ant eight evergreens and eight hardwood trees, with the prov ision that evergreens could Ik* substituted for the hardwood trees. Weinberger noted the resolution does not address the height of the trees, with Staff discussing with the Applicant that the height of the trees be six to eight feet in height. In addition, the activ ities associated with the outside storage area would be limited to the business hours specified by ABC Supplv Company . All parking in relation to the operation of the business shall be in accordance with the revised plan, w ith contractor and employee parking being located adjacent to the building. All noise generated by the operation of the business shall not exceed the allowed noise Ie\els as set by the City of Orono Noise Ordinance. City Staff and the Planning C ommission is recommending approval of the application. Weinberger stated one issue not included in the application is the City's desire to encourage tlic conv ersion of the industrial district uses to go tow ards light industrial, high tech, as well as ofTicc/showroom type uses. Weinberger stated the use proposed by ABC is more of the traditional use that has been proposed for this area. Dahl indicated he has nothing to add to Staff s report. White inquired whether tlie Applicant would be agreeable to planting addit! jnal trees along the property line in the area that is currently grass. Weinberger noted the property is being leased by .\BC. Ma>or Peterson indicated she would prefer 8 foot trees be planted. Dahl indicated he has have received a couple of estimates so far, with one person wanting $150 per tree and the other csiimate being $22,000. Sansevere noted eight-foot trees on lop of tlic si.vfoot berm would prov ide a 14 foot screen. Sansevere commented that smaller trees sometimes grow better than taller trees. Sansevere stated he is fine with either size. Hint stated he has a concern regarding the language in the City 's land use plan, which talks about the change in the area and the City's v ision for the area. Flint indicated the language addresses how it is important that the uses in the industrial park are compatible with the other uses in the area. Flint stated that ABC Supply is not really the kind of use that the City contemplated for this area, noting that other PAGE 13 1 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24,2001 (M)l-2692 ABC Supply Company, Continued) industrial uses are also being contemplated for this district. Flint stated he likes the idea of extending the trees further to the north, but has a concern regarding the trucks being parked on Old Crxstal Bay Road. Weinberger stated the parking of the tnicks is not addressed in the resolution. Weinberger stated it might be more appropriate to post portions of Old Crxstal Bay Road no parking since a lot of the vendors may not be aware of the conditions of the conditional use permit regarding parking. Flint stated he would like it included in the resolution in the event it continues to be a problem so the City can address that issue with the Applicant. Flint stated he also would not be opposed to posting no parking along Old Ciy stal Bay Road. Flint inquired whether the Applicant would be agreeable to planting additional trees. Dahl indicated he is agreeable to working with Staff on that issue. Flint stated he would be agreeable to going with six-fotM trees due to the cost, with at least half of the trees being evergreens. Flint noted there is a significant difiference in the cost between a sivfool tree and an eight-foot tree. White suggested that the Applicant plant trees that are more salt tolerant. Weinberger stated the distance from the north property line to the driveway is approximately 300 feet. Flint slated based on that distance, an additional 35 trees may be needed. Flint noted there is no berm along the north side, with the trees tending to break up the building somewhat. Moorse inquired whether the Council would like the trees to be continuous along that area. Weinberger slated there would be eiglu trees planted on top of the berm and eigjil trees alongside the twrm. which is approximately 125 feet. Flint recommended the trees be planted everx' 15 feet. Moorse staled the top priority is to screen the oubide storage, with the other priority being to help screen the building. Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4692, a Resolution approving a conditional use permit to permit partial use of Lot 3, Block 1, for outside storage use at the property located at 450 Old Cry stal Bay Road North, subject to language being included in the resolution requiring parking of the trucks being limited to the east side of the building, and an additional requirement that 51 trees be planted along the west side of the property, with a planting plan being submitted subject to review and approval by City Staff, with at least half evergreens and the remainder hardwood trees, with the evergreen trees being six feet in height. VOTE: Ayes 5, Nays 0. PAGE 14 MINUTES OF THE ORONb CITY COUNCIL MEETING MONDAY, September 24,2001 •(1^) #01-2706 RICHARD AND JANE STARK, 815 PARTENWOOD ROAD - VARIANCE RENEWAL - RESOLITION NO. 4693 Fliat moved, Saesevere sceoaded, to approve aad adopt RESOLUTION NO. 4693, a Rcaolatioa f raatiao reaewal of variaaces to allow tbe rranxlelias aad espaasioa of the exbtiai: mldeiKe located at 815 Parteawood Road. VOTE: Ayes 5, Navs 0. (#6) #01-2708 MICHAEL AND JEANIE MCCLELLAND, 2170 MrSNETONKA AVENUE - VARIANCES - RESOLUTION NO. 4694 Michael and Jeanie McCIellofid, Applicants, were present. Weinberger staled the Applicants ore requesting variances to permit a six-foot fence to be located in a defined side-street yard where no fences over 3.5 feet arc allowed. There was an existing six-foot fence located along the propertv line for a number of years, with the fence having been replaced last >car. It was determined the fence was replaced without the property owners obtaining a variance. The City had notified the property owners the fence could not be replaced in the existing location because the fence was nonconfonning due to the six-foot height in a street vard. Weinberger stated Minnetonka Avenue in this area is only developed halfway through the lot, with no further intent on the part of the Cit> to ever extend Minnetonka Avenue. The City*s Municipal Code permits fences as a non-encroachment w ithin required vard areas; how ever the height of a fence cannot exceed 3.5 feet if kKated in a street yard. The Applicants' property is defined as a comer lot with two street yards. Properties located in the RR-IB Zoning District have a required setback of 50 feet to the property lines. A six-foot fence could be constructed but only if constructed 50 feet from the property line. The Planning Commission recommended approv al of the v ariance by a vote of 5 to 2. It was the minority opinion of the Planning Commission that no apparent hardship was found to allow a six-foot fence to be located in the side street setback. The recommendation is subject to the conditions that the fence shall be reconstructed with the finished side facing outward or to the south of llie property line and the fence shall be constructed entirely on the property. The Applicants arc in agreement with Utosc requirements. The property owner to the north is in agreement with the fence. Staff recommends approv al of the application based on the fact that the property is a comer lot with one street frontage located adjacent to a no-developed street tiiat is not planned to be further developed or improv ed llie side yard adjacent to the street functions as an interior side lot line. The inlcnl of the Ordinance is to not allow fences over 3.5 feet to be located in a functional street yard. McClelland had nothing to add to StafTs report. Sansevea* inquired what hardship the Planning Commission determined existed. Sandy Smith, Planning Commission, indicated the minority of the Planning Commission did not feel that a hardship existed based on the topography of the land. Smith stated in her view the location of the lot would support a six foot fence. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24,2001 (Mei-2708 MicbMl mmd JmbIc McCklUiid, ContinMcd) Sansevere slated in his view the Council may potentially be sening a precedent by approving the variance. McClelland staled his neighbors to the east are not ver>* neat and have a scrap metal pile in his yard along with a boat that is rather unsightly. McClelland stated the residence has gone for two years without any siding on the house. McClelland stated the fence was removed to accommodate the neighbor's son's wedding and to repair a portion of the fence that was damaged by a large tree. McClelland slated when they purchased the property they were required to sign a paper say ing they would maintain the fen ‘ and Weep it in good repair, which in his view is what he attempted to do. Mrs. McClelland stated the fence was paid for and erected by the neighbors in this area prior to them purchasing the pixiperty. McClelland stated the City apparently approved the fence at that time and they were required to sign a piece of paper say ing they would maintain the fence. Ma>or Peterson stated it is her recollection the fence was allowed due to the problem being experienced in that neighborlu>od with one of llie residents. Sansevere inquired w hether this was a full replacement or a partial repair of the existing fence. McClelland stated it is a partial replacement. Nygard inquired whether the fence is currently on city property, McClelland stated approximately two >ears ago they had their property resur\c\ed and disco\ crcd tlial the fence was originally constructed in the right-of-way. McClelland stated they arc agreeable to relocating the fence outside the right-of-way and to construct the fence witli the good side facing out. McClelland stated he did speak w ith Staff regarding that issue and was told the City docs not regulate which side the fence must face. Gaffron stated it could be argued that this is a replacement of an existing fence in a more conforming location. Gaffron stated there was a six-foot fence located in this area, with the fence being relocated to be outside the right-of-way. Gaffron stated the Code is clear that if a structure is replaced, it should be conforming. McClelland staled he removed the fence to protect it while removing a tree in the area Moorse stated it is his understanding there was no intent to permanently remove the fence, with the fence being relocated to a more conforming location. Weinberger stated the majority of the fence has been replaced. McClelland stated he did reuse a number of the posts but did replace some of the fence panels. Tom Barrett, City Attorney, stated if the Council considers a visual hardship in this they could be required to consider it in other applications. PAGE Ih MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY. Scptcmbrr 24,2001 mUllGS MkluMi MHi Jeamit McCklUad, Coatiascd) White slated the har *Uiip needs to be able to be defended by the City, uith other issues outside of topography bcin^ considered as a hardship. Moorse stated if a visual bliglU is cited, the specific hardship could be identified in the resolution. Gaffron stated all these pieces together create a hardship ratlier than one particular item. White moved, Petenon seconded, to approve and adopt RESOLUTION NO, 4694, a Resolution granting variances to permit a lii foot privacy fence to be constructed within the 50 foot side yard adjacent to the street setback where a 3.5 fool fence b permitted for the property' located at 2170 Minnetonka Avenue, with the understanding the ^Hnbhed** side of the fence will face outward. Nygard stated in his s kw the Council is treading on dangerous ganind by considering a \ isual hardship. Nygard stated the biggest hardship in his view is the side street yard situation. Nygard stated while a thm-foot fence is allowed in a side street yard, a six fool fence is allowed in a side yard. Mayor Peterson stated this fence has existed for the past 20 years, with the visual impact not being included in the resolution. Peterson stated people are allow^ a six-foot fence within a side yard. Gaffron stated he is not entirely convinced dial v isual issue is not a hardship gi\en the circumstances. White stated in his view this is a unique situation given the location of the property. Smith stated it was a concern of the Planning Commission that considering v isual blight could be setting a precedent. Flint stated he does not have a problem with the application, noting the Applicant only intended to remove the fence for a lemporao period of time. Flint stated technically there is not a dev elop^ street in this area, so that the side street yard is functioning as a side yard. Ny gard stated the focus of the discussion is that the fence did exist, and that the side street y ard is functioning as a side yard rather than focusing on a visual blight. VOTE; Ayes 5, Nays 0. •(^7) lfOl-2709 RICHARD R. SHULL, 2285 FRENCH LAKE ROAD - VARIANCES - RESOLUTION NO. 4695 Flint moved, Sanievcre irconded, to approve and adopt RESOLUTION NO. 4695, a Reiolutlon granting variances to permit the construction of a tw o-slall garage to the cast end of the residence and n new entryway over exbtiag steps for the property located at 2285 French Lake Road. VOTE: Aycs5,Naya0. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24.2001 *(#8) 1^01-2713 DIANE AND DOUGLAS MERE. 380 TURNHAM ROAD, AFTER-THE-FACT VARIANCES - RESOLUTION NO. 4696 Flint moved, Snnseverc seconded, to approve and adopt RESOLUTION NO. 4696. a Resolution granting aner-the-fact variances to permit the construction ofa three foot overhang over the front entrance of the residence located at 380 Tnmham Road. VOTE: Ayes 5. Nays 0. my #01-2715 JOHN M. BAILEY, 2807 CASCO POLNT ROAD, VARIANCES - RESOLUTION NO. 4697 Tlic Applicant was not present. Weinberger stated the Applicant was present earlier but apparently has lef\. Nygard requested the hardcover calculations not include removal of landscape plastic and rock. Sansevere moved. White seconded, to approve and adopt RESOLUTION NO. 4697, a Resolution granting variances to permit structural repairs and the addition of a foundation below an existing garage located 1.1 feet from the property line and to permit an alteration to existing hardship to permit replacement of a deck and patio and the addition of a 40 square foot paver walkway in the 75-250* lakeshore setback for the property located at 2807 Casco Point Road. VOTE: Ayes5,Nay^0. *(#10> #01-2717 TED AND JUDY SPOONER, 700 TONKAWA ROAD, AFTER-THE-FACT VARUNCES, RESOLUTION NO. 4698 Flint moxed, Sansevere seconded, to approve and adopt RESOLUTION NO. 4698, a Resolution granting after-the-fact variances to permit construction of retaining walls by the lakeshore and a conditional use permit for land alterations within the 0-75* setback area for the property'located at 700 Tonkawa Road. VOTE: Ayes 5, Nays 0. .MAYOR/COl NCIL REPORT ^#11) lOCP PROCLAMATION Flint moved, Sansevere seconded, to approve the Proclamation proclaiming the week of Nosember 17-24 ^Housing Week** in the City of Orono. VOTE: Ayes5,NayaO. Sansevere stated it is hii understanding regarsng Mrs. Clemons* letter that Staff did respond promptly to the Clemons* concerns. Sansevere stated it was not his intent to mock her by any of his comments at the previous Council meeting. Moorse stated Staff has responded quickly to the Clemons' concerns, with his understanding being that the Clemons were satisfied with how things were being handled until recently. Moorse Indicated Staff PAGE 18 i \IINrfE..OFTHE ORONO CITY COUNCIL MEETLNG MONb • V, September 2L 2001 |Ma>or/Council Report Continued) has visited the site numerous times. Kygard stated le his understanding pan of the problem may be that the City did receive a Icner from the developer back in May stating that all of the grading and drainage work had been completed when in actuality wori was not totally completed until sometime in July. White indicated he has visited the site three times in response to the Clemons* concerns. Nygard suggested that consideration be given to a ihrcc-way stop sign on Shad>Avood by the Super America store. While and Peterson indicated they would be opposed to a three-way stop at that location Nygard stated something needs to be o.mc to reduce the speed of iralTic in that area. White stated that area is posted 35 miles per hour, w ith the police regularly patrolling that road. Ma>or Peterson recommended Staff review the traffic records and number of accidents at this hKation to determine whether some steps need to be taken in order to improve the trafTic situation in this area. N>gard indicated he *vould be interested in serv ing on the committee dealing wiih the Coffee Channel and snowmobile issue. PUBLIC SERVICE DIRECTOR’S REPORT None CITY ADMINISTRATOR’S REPORT *(^^12) IIOl SING PLA^ LANGUAGE CLARIFICATION Flint moved, Sansevere icconded, to approve the revised language aad goab la the llousiag Element of the City’s Comprehensive Plan as proposed by Staff, w ith revisions if desired. VOTE; Ayes 5, Nays 0. (ttl3) LONG LAKE FIRE SERVICES BUDGET ADJUST.MENT Sarisevcrc staled he is satisfied that Orono is not paying for the awards based on the letter received from Long Lake Sansevere indicated it was his understanding dial the 00 was a fixed cost cverv^ year. Sansr.cre questioned why it exceeded S3.000. Moorse staled at the lime the $3,000 was discussed, it included salaries and not b.nefits. PAGE 19 MINLTESOFTHE ORONO CITY COUNCIL MEETING MONDAY, Scpienber 24,2601 (Loas Lake Fire Senrkes Badset, Coaflnaed) Flint stated it is his rceotlectioii that the $3,000 was to be a general and administrative expense. Sansevere stated it was hb understanding that number was a fixed amount Flint indicated he has the same understanding. Moorsc stated the agreement as worked out was that it would be S3.000. w ith this amount being the amount budgeted back in 2000. Moorse stated in realit> it is not a fi.xed cost, with Uie actual salarv' being higher than $3,000. Moorsc stated the agreement that was worked out between the cities docs not go into effect until the >ear 2002. Sansevere stated it was his understanding the previous agreements also had it as a fixed cost of $3,000. Flint stated the agreements in the past have never specified $3,000 Moorse stated the $3,000 amount in the past was put into the budget but would var>' from year to year. Saoses crc noved, Flial seconded, to approve the expenditure of $5,940 as the City's share of the year 2000 Long Lake Fire Department budget overage, and to approve a budget adjustment to reflect the expenditure. VOTE: Ayes 5, Nays 0. 14) LONG LAKE FIRE DEPARTMENT FIRE TANKER EXPENDITURE AND BUDGET ADJUSTMENT Flint moved, Sunsevere seconded, to approve a budget adjustment in the ac'^ unt of $6,620.20 in the Improvement and Equipment Ouliay Fund to reflect the expenditures for the tank replacement on Tanker 11 and the additional expeases for Tanker 12. VOTE: Ayes 5, Nays 0. *(ni5> LONG LAKE FIRE STATION OWNER’S REPRESENTATIVE Flint moved, Sansevere seconded, to authorlae the hiring of Constructive Ideas, Inc., as the ow ner’s representative for the fire station project, to authoriee a contract to be prepared to set out the scope of w ork of the ow ner’s representative as weil as the terms and conditions of the sen ice arrangement, and to authortie the Mayor and City Adminbtrator to sign the contract after review and approval by the City Attorney. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Barrett noted the Sprint PSC lease proposal will be brought to the Council for consideration at its October 8^ meeting. PAGE 20 r MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, September 24,2MI *(#lb) LICENSES None *(#I7) BILLS Flint moved, Sauevere fceonded, to approve pa> meat of the All Funds AccouaL VOTE: Ayes 5, Nays 0. ADJOURNMENT FHat moved, Saasevere seconded, to adjoura the meeting at 10:57 p.m. There being no furtlter business to discuss, the meeting uas adjourned at 10:57 p.m. ATTEST: LiadaS.Vec, City Clerk Barbara A. Peterson, Mayor PAGE 21 „.-,diahi City of Ofono, Minnesota Street Numbering Index Map north afv*tro* pf «.#«um i^MS AP€ f. *«t* tUk ir.isM !•.•»*» AGENDA roll COINCII. MI I TING SI T lOR MONDAY, OCTOBER «, ZOOl,7:00 P.M. ORONO COl NCIL CHAMBERS. 27SO KELLEY PARKWAY. ORONO, MINNESOTA (•) Asterisk items are considtred to he routine items to be enacted upon b> one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet • located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1 Appro\e^ Amend 7:00 PAL 2. Sprint Lease Proposal Coo^-*" ••i-rmi.G OCJ 0 8 2001 ArPROVAL OF MI.NtTES • 3. Regular Council Meeting of September 10. 2001 • 4. Regular Council Meeting of S»*ptefaber 24. 2001 PARK COMMISSION CO.M.MLN IS • Irene Silber. ReprcsenUlive PLANNING COMM’SSION COMMENTS - Liz IIihh, ReprcsenUlive PUBLIC COM.MLNTS - (Limit 5 Minutes Per Penon) ZONING AD.MINISTIUTOR’S REPORT 5. I la/axJoos Building Action - 2001 lollanJer Rood 6. Amendment to Animal Regulations • Ordinance 7. #01-2702 Brenshcll Homes. 3551 Livingston Avenue • Renewal Variances - Restitution 8. #2640/41 Dunbar Development. Inc.. 2060 Way/au Boulevard -1 mal Plan Rev icw - Status Update * 9. #01*2688 Klrt Woodhousc, 1780 Shoieline D/ivc • Lot Line Rearfangcmcrn • RLS Approval • Rcsoluluion MAYOR/rOl NCll, REPORT PUBLIC SERVICE DIRECTOirS REPORT CITY ADMINISTRATOR S REPORT 10. ScbcJule Work Sessions 11. Schedule I IRA Meeting CITY ATrORNEY’S REPORT ACE.NOA FOR COt.NCIL MEF.TINO SET FOR MOMIAY, OCTOni R g, 2001,7:00 P.M. OKO.NO COUNCII. CIIA.MUEHS, 2710 KELLEY PARKWAY, ORO.NO, .MI.NM-SOTA 12. LICENSES Home Occupation Gambling - Resolution • 13. BILLS ADJOURNMENT I PCO.MING ISSL ES AM) EVENTS 2im 10/08. Council Meeting, 7 00 p m. KV15 - Planning Commission. 6:30 p m. KV22 • Council Meeting. 7 00 p m. II/D5 • Park Meeting. 7:15 p m. I I/I 2 • HOLIDAY. Observanee of Veterans Day 11/13* Council Meeting. 7 00pm 11/1 9 - Planning CtMnmissiofi. 6.30 p m. • I tFtt »r> « ..... ,f f t .♦ REQUEST FOR CX>UNCIL ACTION COUMrn ocr 0 8 2001 CITYUrutiUNO DATE: October S. 2001 ITEM NO: Oepartnent Approval: Nane Lyle Oman THk Building Official Adminiitnitor Rc^inaed:Agendg Section: Zoning Administrator's Report Itein l>eftcriptioB: Hazardous Building Action, 200 Hollander Road - Resolution On August 28,2001, an inspection was conducted at 200 Hollander Road to evaluate the home for hazardous building action. The City was responding to neighborhood complaints and the obser\ations of an Animal Humane Society agent. After a comprehensive inspection of the structure, staff deemed the building to be hazardous for human occupancy. The building was posted ^Hazardous Building No Trespassing.^ Stair Recommendation Staff recommends approval of the attached resolution finding a hazardous building and requiring the securing and repair or removal of the residential structure at 200 Hollander Road, Orono. The resolution also stipulates the City ’s course of action per State Statutes as defined in Numbers 2 through 5 beginning on Page 4. COUNCIL ACTION REQUESTED: Motion to approve the attached resolution finding a hazardous building and requiring the securing and repair or removal of the residential structure at 200 Hollander Road, Orono. i A RESOLUTION FINDING HAZARDOUS BUILDING AND REQUIRING THE SECURING AND REPAIR OR REMOVAL OF THE RESIDENTIAL STRUCTURE AT 200 HOLLANDER ROAD, ORONO WHEREAS, ihc City of Orono is a municipal corporation organized and existing under the law's of the State of Minnesota; arui W HEREAS, John M. Hollander, 200 Hollander Road Orono, MN 55301 is the fee owner of record of the property located at 200 1 lollander Road w iihin the City of Orono (hereinafter “the City**) and legally de.veribed as follows: Property Idcnlilicalion Number: 25-118-23 44 0015 l.ot 002, Block 001. Holly Acres 3"* Addition (hcreinaOer ‘the property**); and W HEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Section 463.15 to 463.261, hereby finds that the above- described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which make this property hazardous to the public health, safety and w cl lure, based on the following findings: Field Stony l oundation 1. Foui ^dation is cracked and crumbling in many kK:ations. 2. i-tmndation is in danger of collapse. 3. Foundation has several areas that are open to the exterior. 4. \\*indows aa* broken, missing, and rotted allow ing entrance to animals and exposure to tlic elements. 5. Forth has settled around foundation allowing water to collect m.J exert pressure on foundationwalls. Foundation is hazardous within the definition of NlinncsotaSutute Section 463.15. Page I of 5 floor System 1. Log floor joists arc in contact of earth. Violation of Uniform Building Code 2308.6. 2. Log floor joists arc rotted on ends. 3. Log floor joists have been cut in one location and are structurally unsound. Floor system is hazardous within the definition of Minnesota Statute Section 463.15. Stairways 1. Basement stairs have improper rise and run. headroom, lack handnils and guardrails, and have a rotted support system. 2. Stairs to second stv>r> lack handrails and are loose due to shi fling of the foundation. Stairs are unsafe and hazardous within the definition of Minnesi>ia Statute Section 463.15. F.xterior I. 3. Earth has settled adjacent to foundation which has caused fuel oil tank to settle into hole causing damage to piping. Violation of Uniform Mechanical Code Section 7902.1.14.3. Inadequate separation between earth and wood framing causing rotting of sills. Violation of Uniform Building Code Section 2308.6. Concrete wall on front porch crumbling. Concrete wall is hazardous witlvin the definition of Minnesota Statute Section 463.15. Siding, soffit, and facia rotted and falling off building. Siding, soffit, and facia are hazardous within the definition of Minne.sota Statute Section 463.15. Interior 1. Windows covered uith opaque plastic and tape preventing light and air transmission. Violation of Uniform Building Code Section 1202. 2. Plaster falling ctT ceiling due to leaking root. Ceiling is hazard nis within the definition of Minnesota Statute Section 463.15. Plumbimi 1. Bathixmm sink ron-functional. Violation of Unifonn Building Code Section 2902.6. 2. Plumbing fi.xturcs improperly vented. Violation of Ntinnesoia Plumbing Code Section 4715.2510. 3. Bathroom and kitchen unsanitary. Considered hazardous within llie definition of Minnesota Statute Section 463.1 5. Page 2 of 5 % Heating I. Funuce is missing doors and appears to be non-functional. Furnace ha/arduus within the definition of Minnesota Statute Section 463.1S. Subd. 3. Rlectrical System 1. I'tecirical s>*stcm has open, deteriorated wiring - c...ire s>'stcm needs upgrading. Electrical system is hazardous within the definition of Minnesota Statute Section 463.15, I. NOW, THEREFORE. BE IT RESOLVED as follows: Tlic City Council of the City of Orono, Minnesota, pursuant to the foregoing findings and in accordance wilh Minnesota Statutes Section 463.15 to 463.26 1 , hereby orders the owner of the property to remove the structure or to make the following repairs in order to correct the hazardous conditions: Foundation - Footing and foundation - replace with code compliant materials. - Backfill with earth sloped away from building with positive drainage. - Provide code compliant egress window. Fkxir System Replace floor s> stem w ith code compliant materials a minimum of 18 inches from earth. Stainsuvs Reconstruct stairways with code compliant materials including proper rise and run, headroom, and handrails and guardrails. EMcrigr Support fuel tank on proper base. Raise building or lower grade to provide 6 inch clearance from earth to framing. Replace porch w ill .sith code compliant material. Replace sidmg, soffit, and facia wfiere needed. Page 3 of5 I J I 3. Inimor Provide code complianl windows to provide requia'd amounts of li^hi and ventilation. Replace plaster in ceiling wherc needed. Plumbine - Repair or replace bathroom sink with code complianl material. - Provide venting to meet Plumbing Code. Replace damaged and missing tiles and sanitize batliroom and kitchen. Ikaiing Replace missing doors and contract w iih a licensed mechanical contractor to evaluate the system and repair as needed. Electrical System - Iilectrical system must be inspected by Stale Electrical Inspector and upgraded us required. Ifthe repairs arc not completed, or unless an answer is filed within twenty (20) days from the date of sen ice of this order, the City shall move the District Coor. for summary enforcement of ihis order. If an answer is filed that contests the hazardous building action, the matter shall be tried and decided by the District Court. If the order is sustained by the Court, the Court shall fix a time after which «he building shall be destroyed or repaired as set forth in MinnesiUa Statutes Section 463.20. If the Court ’s Judgement is not complied within the time prescribed, the City may make the ordered repairs, ra/e or remove the hazardous condition or building, or acquire the building and real estate on which the building or ha/iudous condition is located by eminent domain. The necessary' costs of such repairs, razing or removal, including but not limited to attorney' fees, witnesL fees and tiling fees, shall be a lien ogainst the real estate on which the hazardous condition exists and will be le\ ied against the property as set forth in Minnesota Statutes Section 463 21 and 463 22. Page 4 of 5 j . r That the City Council of the City of Orono hereby authorizes and directs the Mayor* City Clerk* City Attorney* and other officers and employees of the Cit>* to lake such action, prepare, sign and serv e such papers as arc necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City' of Orono, Minnesota at a regular meeting held this 8th day of October. 2001. ATIEST: Lindas. Vee, City Clerk Barbara A. Peterson, Mayor Page 5 of 5 REQUEST FOR COUNCIL ACTION , OCF 0 d 2001 CITY Or L/nv^j^ Date: Octobers.2001 Item No.: ^ Dcpartmeit Approval: Nine: Michael P. Goflron THIc: Planning Director AdmiaUlralor Approval:Agenda Section: Zoning Item Description: Amendment to Animal Regulations - Ordinance List of Attachments A - Ordinance for Adoption B - Section 9.12 ‘‘Dog Regulation and Licensing'’ (Ord. No. 137,2nd Series, 7/24/95) Hennepin County Animal Control authorities recently had to remove approximately 70 domestic cats from an Orono residence because of the health hazard they created. In light of this circumstance and for health, safety and ^\*clfarc purposes. Council may wish to consider limiting the number of domestic cats that can be kept on a residential property. The attached ordinance for consideration will amend Orono ’s current “Dog Regulation and Licensing” ordinance by additionally regulating the number of cals that can be kept on a residential property. Staff would suggest that 10 cals per property may be an appropriate number. Although not included in this proposed amendment. Council might consider whether an amendment would be appropriate that would require a kennel license be approved by Council if an owner proposes to keep in excess of 4 or 5 cats, similar to the requirement of a kennel license for the keeping oi i or more dogs. Please note that Section 9.1 2 is not a zoning ordinance, and therefore is not subject to the Planning Commission review^ or hearing requirements of a zoning amendment COUNCIL ACTION REQUESTED Adoption of the attached ordinance, specifyinjt the number of cats that may be kept on a residential property. ORDINANCE NO..SECOND SERIES AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 9.12, "DOC REGULATION AND LICENSING", TO INCLUDE REGULATIONS REGARDING THE NUMBER OF CATS ALLOWED TO BE KEPT ON RESIDENTIAL PROPERTY The City Council of Orono ordi.u.i: Section I. 1 he title of Orono Municipal Code Section 9.12, "Dog Regulation and Licensing", is hereby amended to read "Dou and Cat Regulation and Licensing”. Scctloa 2. Section 9.12. Subdivision 1 is hereby amended to read as follow-s: "Subd. 1. Dermition F»it the purpose of this Section, ’owner ’ means a person who owns, feeds, boards or m*-V' »dv g or cat." Section 3. Section 9.12 is amended by adding Subdivision 15 to read a., lollows: **Subd. 15. Cats. *rhe number of domestic cats o\%*ncd * harbored. Vcd. boarded or kept on a residential property shall not exceed ten HO).' Section 4. This ordinance .shall be published in the City ’s olTicial nc\vspap*Tit^ i shall bee! rcclivc upon approval and publication and Adopted by the City Council of Orono on tr.is 8th day of October, 2001 by a vote of __ayes __nays. AITHST: Barbara A. Peterson, Mayor Lindas. Vec.City Clerk .IL . ) ORDINANCE NO. 137, 2ND SERIES AN ORDINANCE REPEALING ORDINANCE NO. 9.12. DOG REGULATION AND LICENSING ADOPTED 4/1/84; ORDINANCE 57, 2ND SERIES ADOPTED 8/22/88; ORDINANCE 60, 2ND SERIES ADOPTED 11/14/88; ORDIN/NCE 93, 2ND SERIES ADOPTED 4/22/91; AND ORDINANCE NO. 133, 2ND SERIES ADOPTED 3/13/95. The City Council of Orono ordains; Repeal. Ordinance 9.12 adopted 4/1/84; Ordinance 57. 2nd Series adopted 8/22/88; Ordinance 60.2nd Senes adopted 11/14/8S; Ordinance 93. 2nd Series adopted 4/22/91 and Ordiiunce 133. 2nd Series adopted 3/13/95 are hereby repealed and replaced with the following language. SEC. 9.12. DOG REGULATION AND LICENSING. Subd. 1. Definition. For the purpose of this Section, "owner" means a person who owas. harbors, feeds, boards or keeps a dog. Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless: A. It is on a durable leash secured to an object which it cannot move and is on the premises of the owner. B. On a leash and under the control or within 10 feet and under the effective conunand of the ».companying person of suitable age and discretion. C III the owners’ fenced yard or other suiushle enclosure where the dog cannot leave without human as;-istance. D. In the owners’ yard and under effective command of an accompanying person of suitable age and discretion present outside in the yard. E. In a vehicle from which the dog cannot lea.e without human assistaiKe provided it is not left unattended in violation of Miiuesota Stamtes. Any dog having bitten a person or other animal, shall be forthwith impounded for the period of incubation. Subd. 3. Licen:; Required. It ir .-jJawful for the owner of any dog. six months • > of age or more, to fail to obtain a license therefor from the City, except as follows: individually licensed. A. Dugs cunfincd to a City licensed commercial kennel need not be B. Dogs conTined to a City licensed residential kennel shall be individually licensed but need not wear the license tag while they are confined in the kennel. C. Dogs currently licensed by another jurisdiction may be temporarily kept in the City for a period not to exceed thirty days provided the dog wears a tag or other identification from such licensing jurisdiction, and provided that the current City license is obtained if the temporary stay extends beyond thirty days or otherwise becomes permanent. Dogs licensed by other jurisdictions are not exempt horn the kennel licensing requirements or from any other provision of this Section. Subd. 4. Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog is vaccinated against rabies for the duration of the applied for license. Should the rabies vaccination expire prior to the full term of the license, the owner is responsible for updating such vaccination. No more than two dog licenses .shall be issued to any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot property or address. Subd. 5. Fees. All licenses and impounding fees provided for in this Section shall be issued only upon payment in full of fees fixed and determined in accordance with City Code Section 1.05. License fees shall be due for the full two-year license period except that licenses issued in even-numbered years may be prorated to one-half of the two-year license fee. No other prorating shall be permitted. Subd. 6. Tag Required. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing such license for the current year. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current license period, and payment of the fee for a duplicate license. Tags shall not be transferable, and no refund shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license. Subd. 7. License Period. All dog licenses shall be issued and be valid for the whole or unexpired portion of two year periods beginning on January 1 of each odd-numbered year. All dog licenses regardless of the date of issuance shall expire on December 31 of each even-numbered year. Dog owners shall apply for license renewal prior to the license expiration date. Subd. 8. Notice of Impounding. Upon the impounding of any dog, the owner shall be notified, or if the owner is unknown, wrinen notice shall be posted for five days at the City Hall dcitcribing the dog and the place and time of taking. Subd. 9. Release From Animal Pound. Dogs shall be released to their owners. as follows: A. If such dog is owned by a resident of the City, after purchase of a license as aforesaid, and payment of the impounding fees. B. If such dog is owned by a person not a resident of the City, after inununiration of any such dog for rabies, and payment of the impounding fee for the period for which the dog was impounded. Subd. 10. Animal Pound. Any dog found in the City without a ug, or animal running at large, shall be placed in the Anin d Pound, and an accurate record of the time and such placement shall be kept on each animal. Every animal so placed in the Animal Pound shall be held for redemption by the owner for a period of not less than ten regular business days unless a veterinarian authorizes its immediate destruction. A’regular business day* is one during which the pound is open for business to the public for at least four hours between 8:00 o’clock A.M. and 7:00 o’clock P.M. Impoundment records shall be preserved for a minimum of three (3) years and shall show (1) the description of the animal by specie, breed, se.x, approximate age. and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal three months of age or over was received; and. (5) the name and address of the person to whom any animal three months or age or over was transferred. If unclaimed, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes. Section 35.71. Provided, however, that if a ug affixed to the animal, or a statement by the animal’s owner after seizure specifies that the animal should not x used for research, such animal shall not be made available to any such instimtion but may be destroyed after the expi'ation of the ten day period. Animals raised for food or fiber product shall not be seized or dbposed of without prior examination by a licensed veterinarian pursuant to a warrant issued by a judge. Subd 11. Other unlawful Acts. It is unlawful for the owner of ary dog to; (1) fail to have the license ug issued by the City firmly attached to a collar worn at all times by the licensed dog, or (2) own or keep a dog which is dangerous (any such dog which has cauMd injury to persons or property shall be deemed ’dangerous:), or (3) interfere with My police officer, or other City employee, in the per^viroance of their duty to enfotw this Section, or (4) fail to prevent dog from defecating in or upon public property or the premises of another, or (5) permit solid waste of a dog to accumulate on owners premises for more than twenty-four hours. Subd. 12. Immobilization of Dogs. For the purpose of enforcement of this Section any Animal Control Officer or law enforcement officer may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching a dog. Subd. 13. Warning of Vicious Dogs. The owner of any dog known to be of vicious habits shall place in plain view of the entrance to their premises a sign no smaller than 12 inches by 14 inches which shall read: ’Beware of Vicious Dog’ in letters at least 2 inches in height. Subd. 14. Noise. A. Disturbing Peace aixl Quiet. No person owning, operating, having charge of, or occupying, any building or premises shall keep or allow to be kept any animal which shall, by any noise unreasonably disturb the peace and quiet of any person in the vicinity. The phrase ’unreasonably disturb the peace and quiet* shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including the Animal Control Officer or law enforcement officer, from a location outside of the building or premises where tlie animal is being kept and which animal noise occurs repeatedly over at least a five minute period of time with one minute or less lapse or time between each animal noise during the five minute period. B. Complaint. Any person may call or deliver a complaint to the Animal Control Officer suting facts and circumstances of an alleged violation of this Subsection. The Animal Control Officer shall investigate such complaint. If a violation occurs in the presence of the Animal Control Officer, a summons may be issued. If probable cause of a violation exists, which violation did not occur in the presence of the Animal Control Officer, all reports, witness statements and evidence may be submitted to the City Prosecuting Anorney for a formal complaint. This ordinance becomes effective from and alter is passage and publication. Passed by the Council the 24th day of July, 1993. Published in the Laker and Pioneer newspqiers the week of August 7, 1995. Application Dale: 7/18/01 M Day Deadline: 9/17/01 Euended Deadline: 11/15/01 0 a 2001 REQl EST EOR COI NCII. ACTION Department Approval: Name Wendy Bonenberg Title Zoning Admirslrator/Planncr DATE: 10/2/01 ITEM NO.: y Agenda Section: Zoning Item Dcicriplion;aOI-2702 Brcnshcll Homes 3551 Livingston A\cnuc Variances Zoning DIstHcl: LR-IC One I amily Lakeshore Residential District (.5 acre) Lot Area: 6.725 s.f. (.15 acre) List ofEihibils: A Resolution B Drainage Calculations C Sample Drainage and Utility Easement D Planning Report and Exhibits of 8/20/2001 Application Summary: llte applicant has purchased the subject property and is requesting to renew lot width and lot area variances to construct a new single family residence on the lot. The original variances were granted in 1007. As a condition of the variances granted the existing residence and a shed were demolished June 1008. The lot is approximately .15 acres and the minimum lot area requirement is .5 acre. The lot is approximately 50 ’ w ide where 100' is the minimum lot width required. At the September I7‘^ Planning Commission meeting concerns were raised by neighbors living on Livingston Avenue regarding drainage. Staff and Planning Commission recommended the applicant submit pre and post construction drainage calculations and grant drainage and utility easements along the lot lines. The applicant has submitted drainage calculations and agreed to the drainage and utility casements. The City Engineer and Public Works Director have reviewed the pre and post drainage calculations. They found the discharge rates to be minimal and the new residence will not significantly change the amount or rale of drainage from the property, llie Council is planning to adopt a Storm Water Utility Plan which will provide funding to help resolve neighborhood drainage issues such as on Livingston Avenue. The Livingston Avenue area has been identified for a future storm sew er project but when it will actually take place has not been determined at this time. 1. Section 10.25, Subdivision 6(B): Lot Width: The lot is 50 ’wide where 100 feet is the minimum lot width for the LR-IC zoning district for new construction. 2. Section 10.25. Subd. 6 (B): Lot Area: The lot is 6,725 s.f. (.15 acre) where 21,780 s.f. (0.5 acre) is the minimum lot area for the LR-IC zoning district for new construction. PLANNING COMMISSION: The Planning Commission recommended by a 7 to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. ■fj- * mm, DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this day of 19_, by and between hereinafter referred to as "Granioits)", and the City of Orono, a municipal corporation, its employees, interests and assigns, hereinafter referred to as ’’Grantee ”. WITNESS, THAT Grantor<s), in consideration of the sum of One Dollar (SI.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Granior(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for drainage and utility purposes, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: Sec attached Exhibit A which is made part of this document. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances except: Grantor(s) liave executed this document the day and year set forth above. GRANTOR(S) Page 1 of2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this ______________. 19___.by_______________ State Deed Tax Due Hereon: This instrument wus drafted by: City of Orono P.O. Box 66 Crystal Bay. MN 55323 NOTARY PUBLIC Page 2 of 2 I i day of A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25. SUBDIVISION 6 (B) FILE NO. 01-2702 WHEREAS, Steve Behnke on behalf of Brenshell Homes (hereinatlcr "the applicant”) is the owner of the property located at 3551 Livingston within the City of Orono (hereinafter "the City”) and legally described as follows: Lot 6. Block 4, Navarre Heights, Hennepin County, Minnesota (hereinafter ”the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to perniit the construction of a new single family residence on a lot of 0.15 acre area and 50' width where a 0.5 acre urea and lOO* width arc normally required. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 17, 2001. at which time all person desiring to be heard concerning this application were given the opportunity to speak thereon NOW. THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: 1. 2. FINDINGS This application was reviewed os Zoning File #01-2702. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on September 17, 2001 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the following findings; Page 1 of 5 I A. The existing lot of 0.15 acre in area and 50* width previously contained a house which was demolished. Municipal sewer and water arc available to the property and have been fully assessed. B. The adjacent properties on cither side of applicant ’s property are developed with existing single family residences, hence no additional land is available to make the lot larger. C. Development of this lot would be in character w ith the neighborhood, as evidenced by the fact that of 73 homes in the neighborhood bounded by Shadywood Road on the east and Blaine Avenue on the west, including Livingston Avenue. Lyric Avenue and Crystal Place, 41 are on single 50' lots, 23 are on double 100’ lots, and 9 are on triple 150' or larger lots. D. Even though this lot is significantly smaller than the zoning district standards, a residence can be built on the properly which meets the lot coverage, setback and hardcover standards of the LR-IC district. ITie City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the elTect of the proposed variance on the health, safety and welfare of the community. 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 disuict; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely sene as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to presene a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLl SIGNS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a new single family residence on a lot of 0.15 acre area and 50* width where a 0.5 acre area and 100* width arc normally required, subject to the following conditions: 1. This approval grants only the requested lot area and lot width variances. 2. Development of the propcrt>' shall not exceed the 35% hardcover limit of the 500-1,000 ’ hardcover zone in which the lot is located. Total lot area is 6,725 s.f., and the maximum hardcover allowed on the property is 35% or 2,353 s.f. 3. Development of the property shall not exceed the 1,500 s.f. **lol coverage by structures” allowance. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be e.\ercised by application for a building permit within one year of the date of Council appro\al. or this variance will expire on that date (October 8, 2002). 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 auihoriw* granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. hgeSofS Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of October, 2001. ATIEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE Ol- MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of October. 2001 by Barbara A. Peterson. Mayor and Linda S. Vee. City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 iHMMiittL I :} ’ FROM : COFFIN t. CRCHBERC FRX NC. : 952 473 4435 Sep. 26 2001 10:i0Pn P2 CRONBERC 4s ASSOCIATES, INC 8UI«V1V*«. ENOWOPm V® PVAfWWO 4uaH.mjjomow€ LONO UUC. MNNUOTA Wtt 4141 Ml^7»^4«aB BRENSHELL HOMES DRAINAGE CALCULATIONS LOT 6. BLOCK 1. NAVARRE HEIGIfrS September 27,2001 Tte peek diediMientae from lUt lot ere waneDdiey ere ell IcnlhealCFSforibel, 10 end lOOyewatonwinbotlithebeibreeadefteroomStioitt. This, we ere ihowing the totel runoff vohiBe fion the 0.1S4 ecfc site fiir e 24 hour storm period STORM I YEAR 10 YEAR too YEAR RAINFALL RUNOFF BEFORE 2.35 IN. 0.24 IN. - 134 CU. FT. 4.15 IN. 1.12 IN =626 CU. FT. 5 95 IN. 2.32 IN. - 1297 CU. FT. RUNOFF AFTER 0.39 IN. = 218 CU. FT. 1.43 IN.-799 CU. FT. 2.77 IN.-1548 CU. FT. K ^ - ■10-^ BRENSHELL HOMES DRAINAGE CALCULATIONS Lot 6. Block 4. NAVARRE HEIGHTS I. EXISTING (BEFORE) CONDITIONS a Lot area O.IS4±ac b Time of cone. = 12 min c. Runoff CN ■ 65 d. Q1 = OCFS QIO = OCFS QIOO = OCFS PROPOSED (AFTER) CONDITIONS a Lot area b. Tinwofeone c. RunoffCN “ d Ql QIO QIOO O.IS4±ac. 10 minutes 70 OCFS OCFS OCFS Quick TR-55 Version: 5.47 S/N:Page 1 Return Frequency: 1 years TR-55 TABULAR HYDRCK»APH METHOD Type 11. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 11:48:06 Watershed file: --> BA .MOP Hydrograph file: --> BAl.HYD BRENSHELL HOMES After Conditions >»> input Parameters Used to Cospute Hydrograph «« Subarea Description AREA (acres) CN TC (hrs) * Tt (hrs) Precip. (in) Runoff (in) la/p input/used 0.15 70.0 0.20 0.20 2.35 11 0.39 1.36 .36 * Travel time from subarea outfall to cooq)osite watershed outfall point. X -- Subarea where user specified interpolation between la/p tables. Total area ■ 0.15 acres or 0.00023 sq.rni Peak discharge > 0 cfs »» Conputer Modifications of input Parameters ««< Subarea Description Input Values TC * Tt (hr) (hr) Rounded TC (hr) Values * Tt (hr) la/p Interpolated (Yes/No) la/p Messages 0.17 0.20 0.20 0.20 Yes -- * Travel time from subarea outfall to composite watershed outfall point. Quick TR-55 Version: 5.47 S/N:Page 1 Return Fre<3uency: lo years TR-55 TABULAR HYDROGRAPH METHOD Type XI. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 11:48:06 Watershed file: --> BA .MOP Hydrograph file: --> BAIO.HYD BRENSHELL HOMES After Conditions Input Parameters Used to Compute Hydrograph Subarea Description AREA CN (acres) Tc (hrs) * Tt (hrs) Precip. (in) Runoff (in) la/p Input/used 0.15 70.0 0.20 0.20 4.15 1 1.43 1.21 .21 * Travel time from subaurea outfall to con^osite watershed outfall point. X .. Subarea where user specified interpolation between la/p tadoles. Total area > 0.15 acres or 0.00023 sq.mi Peak discharge > 0 cfs »» Con?)uter Modifications of Input Parameters ««< Subarea Description Input Tc (hr) values * Tt (hr) Rounded Tc (hr) values • Tt (hr) la/p Interpolated (Yes/No) la/p Messages 0.17 0.20 0.20 0.20 Yes -- * Travel time from subarea outfall to composite watershed outfall point. Quick TR-S5 version: 5.47 S/N:Page 1 Return Frequency: 100 years TR-55 TABULAR HYDROGRAPH METHOD Type II. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 14:17:11 watershed file: --> BA .MOP Hydrograph file: --> BAIOO.HYD BRENSHELL HOMES After Conditions >>» Input Parameters Used to compute Hydrograph «« Subarea Description AREA (acres) CN TC (hrs) . Tt (hrs) Precip. (in) Runoff (in) la/p input/used 0.15 70.0 0.20 0.20 5.95 11 2.77 1.14 .14 * Travel time from subarea outfall to composite watershed outfall point. I -- Subarea where user specified interpolation between la/p tables. Total area « 0.15 acres or 0.00023 sq.mi Peak discharge ■ 0 cfs »» Computer Modifications of Input Parameters ««< Subarea Description Input Values Rounded Values la/p TC * Tt Tc . Tt Interpolated (hr)(hr)(hr)(hr)(Yes/No) 0.17 0.20 0.20 0.20 Yes la/p Messages • Travel time from subarea outfall to composite watershed outfall point. TO: Chair Hawn and Orooo Planning Conunission Members Ron Moorsc, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: September 14.2001 SUBJECT: UO1 -2702 Fine Line Design Group 3551 Livingston Avenue Variance Renewal- Public Hearing Zoning Dbtrict: LR-IC One Family Lakeshore Residential District (.5 acre) Lot Area: 6.725 s.f. (. 15 acres) List of Exhibits A Analysis Worksheet B Revised survey with drainage C Draft Planning Conunission Meeting Minutes 8/20/01 D Letter from City Engineer E Letter from Neighbor 8/21/01 F Letter from Fine Line Design Group 8/21/01 G Council Minutes • May 28.1991 H Staff Report 8/10/01 Application Summary: This application was tabled at the August 20. 2001 Planning Commission Meeting due to failure of a representative for the applicant to be present at the meeting. This is a request for renewal with no change of variances granted in 1997 to allow the replacement of the existing residence on this substandard lot, with a new residence. The existing residence (720 s.f.) and shed (40 s.f.) wre demolished June 1998. The variances granted in 1997 and requested for renewal are: 1. Section 10.25. Subd. 6(B): Lot Width: The lot is 50 feet wide where 100 feet is the minimum lot width for the LR-IC zoning district for new construction. 2. Section 10.25, Subd. 6(B): Lot Area: The lot is 6.725 s.f. (. 15 acre) where 2 1.780 (0.5) acre is the minimum lot area for the LR-IC zoning district for new construction. At the August 20,2001 Planning Commission Meeting there were concerns over drainage raised by members of the audience. The applicant has submitted a revised survey showing a drainage plan. The City engineer has reviewed the plan and visited the site. Staff has reviewed the neighborhood drainage issues. Statement of Hardship : This is an existing lot which w'as platted prior to current zoning standards. Both adjacent properties contain existing homes, hence no additional land is available to make the lot larger. BOI-2702 Fine Line Design Group 333 J Uvingsron Road Variance Renewal 9/14/2001 Page! City Engineer Comments: Tlie City Engineer has reviewed the site plan and visited the property. The revised site plan showTs svrales along both side property lines of the lot and that the water will be directed to Livingston Avenue. He suggests pre and post drainage calculations be provided by the developer, and that drainage & utility easements be granted along the lot lines (see Exhibit D). Given the narrow width of the right-of-way (35’), staff concurs with this recommendation since the City may need added right-of-way for a fiitiire storm sewer or swtdes along the road. Ncighborliood Drainage Issnei Karen Cuff of 3572 Livingston Avenue has questioned the added drainage that will be created by this proposed residence (see Exhibit E). Drainage is a long-standing issue for Ms. Cuff since her property is at the low point of Livingston Avenue, and neighborhood drainage from an area of approximately 5 acres flows through her property. This neighborhood was the subject of a proposed storm sewer system in the early 1990's. That$20.000projectwasdroppedbythe City Council when a high percentage of the affected property owners threatened to appeal the assessment. The additional drainage added to the mix by constructing a new home at 3551 Livingston Avenue is not significant hi the overall picture, in staffs opinion. This neighborhood is a candidate for use of funds from the pending Stormwater Utility (which the City expecU to initiate in 2002) to construct storm sewers; however, this project is probably not the highest priority for use of those funds. Issues for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence existed on the property until three years ago. 3. There is no change requested from prior approvals for this site. 4. Applicant has addressed the drainage impacts and provided a plan that meets all City requirements for handling drainage. 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances with the following provision: 1. Applicant to provide pre and post development drainage calculations prior to City Council review. 2. Applicant to grant drainage and utility easements per the City Engineer's recommendation. MI-2702 Fine Line Design Croup 3551 L ivingston Road Variance Renewal 9/l4a00l Page! L i i Lot Arta! ANALYSIS WORKSHEET LR-IC Lot Area Required 21.780 s.f. (0.5 acre) Actual 6,725 s.f. (.15 acre) Hardcover Colculationi t Distance front shoreline Total area in setback Allowred hardcover Existing hardcover Proposed hardcover 500-1000’6,725 s.f.2,353.75 s.f. (35%) 0 s.f.1,680 s.f. (24.98%) CERTIFICATE OF SURVE' F BRENSHELL HOK .ii LOT 6. BLOCK 4, NAVARRE 111 HENNEPIN COUNTY. MINNE. 0 lilF; I h. ■ Cl;^I LIVINGSTON .A'VE 'I ^■7^-/ - ,r •?-T3T>0N PffCUSCS t 4, NiVAW >€04TS •rfi •ro« morkff •‘♦vctioft. m#or tea <Jat^ Vi tj.ilcnc# Cl t^o»n cn Ih# piol of HA'.AlUi£ i }.n or« bosod open on ots«^nod detun. tho« Iho bouidoriot of tho obe«t ,...i *- ir^pcitd locotion of o propoftd boutt tbiften. n olbof i»rpfOv«iT»«nli or oncroochmonU. *a> ..il l ;& ASSOCIATES, IHC uo mm n Mta il«(UC igCUAIIiSUM I IvAf coUf M Id WHf Pi ; t od M I • Air . »« Im «« »• SI«U tf Mmcul 1 :.:0 •■V'rc'<^ IC-^ fll>'^' « > .n •-.fi /4«/4/rp OCjhu r 0 t f 77. | J fff f ; w «► .t a;j- li lL ..^9irJ.7 M»> t lfcl> . ICAtt r-20* nprr" 7-e-ot 01-0SAA MINUTES OF THE ORONO PLANNING C0>DnSS10N MEETING Aatttst20,2001 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Daniel Kluth, Janice Berg. Jeanne Mabusth, Sandra Smith, Dale Lindquist, and Alternate Gary Welsh. Commissioner William Stoddard was absent. The following represented City Staff: Planning Coordinator Michael Ganron, Zoning Administtator Wendy Bonenberg. Zoning Administrator Paul Weinberger, and Recorder Jackie Young. City Council Representative Jim White was present. Chair Hawn called the meeting to order at 6:30 p.ra. t CONSENT AGENDA (Itl) #01-2702 FINE LINE DESIGN GROUP, 3551 LI\TNGSTON AVENUE. RENEWAL OF VARIANCES Hawn moved. Smith seconded, to remove Application #01-2702, Fine Line Design Group, from the Consent Agenda. VOTE: Ay.-s 7, Nays 0. Item #1 follows Item #4. The Applicants have redesigned their plan and have relocated the garage 24 feet from the side lot line and 53.7 feet from the front lot line. The Planning Commission had direct^ the Applicants that the side setback should be not less than 30 feet. The family room addition to the rear of the residence remains the same. ' Bonenberg indicated a variance to the side yard setback is required to allow the garage to be located . PAGEl minutes OF THE ORONO PLANNING COIMISSION MEETING Aos«st20.200l (#1) 01-2702 FINE LINE DESIGN GROUP, 3551 LIVINGSTON AVENUE, RENEWAL OF VARIANCES, 7:06 p.m. - 7:18 p.m. The Applicants were not present. Hawn suted this application would be open for public comment only, with the application being tabled to next month’s meeting to allow the Applicant to be present. Hawn indicated the Planning Commission would not be commenting on this application without the Applicant being present. Harold Windberg and JoAnn Holsbeck. 3541 Livingston Avenue, stated they have questions and concerns regarding this application. Windberg Inquired what would happen with the existing retaining wall located along the south property line. Windberg noted a portion of this wall i, located on Holsbeck’s property and is in poor condition. Windberg stated at the time the house was removed from this property, some damaged occurred to Holsbeck’s yard, which was not repaired by the property owner. Windberg stated they would like some assurance that this would not occur again. Windberg inquired whether Holsbeck would need to do anything concerning the drainage, noting Holsbeck’s property is located four feet higher that the adjoining property . Hawn stated Holsbeck would not be required to do any grading in connection with this project. Hawn stated the neighbors’ comments will be taken into consideration at the next Planning Commission meeting. Karen Cuff. 3572 Livingston Avenue, stated this area has experienced drainage problems for a number of years, with a large amount cf water runoff being directed through a catch basin located at the end of her driveway. Cuff «ated this catch basin is not large enough to handle the present water runoff, and expressed concern that the additional hardcover would result in an increase in the water runoff. Mabusth recommended Staff require a grading and drainage plan on this application. Bonenberg noted a letter was received by the City from one of the neighbors e.xpressing son about the drainage in this area. UndquUt moved. Welsh seconded, to table AppUcation Ml-2702, Fine Line Design Group, ome concerns PAGE 7 ----- MINUTES OF THE ORONO PLANNING COMMISSION MEETING A«rut20,200l 3551 LivlDgstOD Aveout lo Ibe Sepltmb«r 17,2001 Plaoniog Commission roccling, dut to the absence of the Applicant VOTE: A>es7,NavsO. £W BUSINESS (WK«0i-2«89 >L\M>EEP SODHl, 4050 DAHL RO.U). AFTER-THE-FACT VARIANCES AND COND^ONAL USE PERMIT, 7:18 p.m. - 7:53 p.m. Mandeep So^, Applicant was present. The Certificate of Maiiing and Affidavit of Publication were noted. Weinberger stated the City of Orono became aware in late spring of some vegetation remov al and \replacement of a stairway ot^the lakeshore side of the property located at 1080 Dahl Road. The property owner had purchased'^ property the previous >ear and hired a contractor to replace the li^Usiistairway and retaining walls on the lui|side and to remove the vegetation. The vegetation removal \ occurred along the stairway leading to the lakeshore. Weinberger noted this work was done prior to the City issuing a permit approving the work. Staf^ssued a slop work order and required the property- owner to apply for the proper permits. Orono’s Shoreland Ordinance does not permit "Intensive Vegetation Removal" w ithin 75 feet of the shoreline, on steep slopes, or within the bluff impact zone. Weinberger indicated the area where the vegetation removal occurred is a protected bluff area, with the sl^e.xceeding an average grade of 12 over the length of it. Weinberger stated the area above the stairway consists mostly of an overgrown \grassy area, which suffered some damage due to the equipment driving over |he area. A walkway also e.\isted from the residence down to the prev ious stainvay. ^ Suff, upon discovering removal of the vegetation, reviewed the site and found that a^rtion of theata^rti ,\stairway and retaining walls had been replaced. Sttffdid Issue a building permit to allovv the property \ owTter to complete the stairway and retaining wall replacement, with the condition the property owner apply for an after-the-fact variance and conditional use permit to permit the retaining wall replacement \ PAGES I^Bonestroo ^=^5 Roscnc &SAnclerlik& |\J| Associates Engineers & Architects I. eoMH*. Anettiu «r»e me. u m Attt*msu»9 Actt«*i/I«u«i Opt tf99 Own«tf Otto O tonruroo • Jo«t» A Sowroon M Vor»tf« L lo#eJU ri • Otenn > CoO* M • toOoft C UAuA.crtt < • ieto^n C AMOte*^ e| • 0<AArg f fu«tcf H • lutm V for us C PAfoMm CoAwiiAfMft^ toeoft w toto^o pf . Aitoctoto pfmcl#«»i; A GorOOA Pf • aeOe»t ■ Pfotforio Pf • t thortf « Pottrt Pf • O lot.ou P| . More A Kartoo PI • MKn««l T tA.t<«ono Pf • 1M < P^d PI • AfArotn P Ar»tfcrto« Pf • Mor* t #o»»i PC • Dos'd A fonoitroo Mi A . Sk Sto^ P A U.ohs »o« Pf H • Agn*i V t r«9 Ml A • AlMr^ IchmtOt Pf • rno^Jt IS' Potorton PI • t V* ond PC • VMOt 1 >»nt»A Pf • I Cr*>e« w Pf • J Of . iV^AOt PI • fnomat A S|t«0 PI • fPOAPm i MArton • C«« A GrosO Pf • A lOvtAor P| • •odert i DrsO'i P| September 10. 2001 OffKOt. St Pap H Oowd ie<A«i!o« or-d «r.arsor MN • U«*a «*oo iSi • w<iiirMbonett'’oeco»h CAKjgo A Wendy Bottenberg Assistant Zoning Administrator City of Orono Post Office Box 66 Crystal Bay. N!N 53323 Re:Brenshell Homes. Livingston Avenue File No. 139^1-000 Plat No. 01-2702 Dear Wendy: We reviewed the proposed grading plan for the house construction on Lot 6. Block 4. Navarre Heights. We have the following comments with regards to engineering maners: The site drains to the northwest across Lot 7 to Livingston Avenue. The proposed grading plan provides sw ales along the cast and west sides of the lot to direct storm w ater to Livingston Avenue. This appears to be a reasonable approach to minimize impacts to Lot 7. The de%eloper should provide pre and post development drainage calculations for this site to quantify downstream impacts. Drainage and utility' easements should be provided 10-feet wide along Ltsingston Avenue and 5-feei wide along all interior lot lines. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC. Tom Kellogg ^ Cc: Greg Gappa, City of Orono 2335 W«t Highway 36 • St Paul. MN 55113 • 65I-636-4600 • Fax: 6SI-636 I3II August 21,2001 City of Orono Attn; PIsnning Commission Woody Orono. MN 55323 Per the planning commissions request of August 20.2001, please find attached the City of Orono's feasibility study dated 4/18fS9 for the Navaoe Heights Storm Sewer Improvement project. As I stated in last nights meeting in reference to Fine Line Design Group's request for renewal of variance permft for 3551 Livingston Ave. I am concerned about the drainage issue. The property adjacent on the west lot line has already been affected by this builder. Removal of the old house, tree removal, stump pulling and heavy equipment has altered the topography of this lot causing ground water run off to ertter into their basement This should be corrected buy the developer. The builder has not displayed any thought of alteration effects on the neighborhood at this point By allow'ng Fine Line Oes'ign to build on this lot they would have to put a swale on the west s'de of the lot to prevent ground water damage to the property west and down hill from it This proposed house has approximately 3 times the hard cover as the original house. All of the run off from this property would be forced to drain into the street, thus directly effecting my property. I have lived at 3572 Livingston Ave for 21 years. We have had to deal with the drainage issues of the neighborhood at our expense totaling approximately 540,000 during this time This figure supercedes the amount of the original storm sewer project. We have replaced 50% of our foundation and have re-dug the swale 3 times over the past 10 years due to fill in from sand/dirt that is in the ground water coming off of the street How much water are we expected to deal with and at who’s expense? When is enough to much? The volume of water coming ttirough our property is huge. ApproJdmatety 7.1 acres per your study. This run off has Increased in volume and Intensity over the years with people paving their driveways, adding decks and sheds. I feel that this add'itional run off would be adding insult to injury The City of Orono was going to have a storm sewer fund to assist in these Issues, what ever happened to it? By allowing this additional volume and intensity of ground water to drain through my property, the City of Orono Is violating the contract that v/e have • !th them dated 1991. Sincerely Karen Cuff 3572 Livingston Ave Orono. MN 55391 1; ,1 X fl 1 t . •I) Li TABU OF comm urm or nutnatuL uxut or owxuts sucrasTni nOJZCT COSTI AID ASSESnOltTS COICL08XOVS Am IZCOWMBTOATIOH* irrsmix - cost estcutes 7X60IE 1 - OUZVACI AllA rxerai 2 > locatzov flaii fmJftA 1. - X - imsiAi 2. 3. A. 5. I ;• nvAUB ■Exanra/STORM sms SIb?!* Lot 50x130 “ 6rS00 a.f« Double Lot 2 X 6(500 s.f “ 13,000 s.f. Total Aasessoant Single Lot Double Lot 6(500 X $.10 > $650 13(000 X $.10 • $1(300 ineteroat Rate 9% Asaesaed Septeaber 1989 Single Lot PrincipalInterest Doable Lot Total Frincipal Interest^Tota. 5 year Assessment: 1st yr 130/yr 10th yr 130Zyr 5 yr Total $650 10 year Assessment: 1st yr 65/yr 10th yr 65/yr 10 yr Total $650 IS year Assessment: 1st yr 43/yr 15th yr 43/yr 15 yr Total $650 78 12 (16 mo.)208 •'260 260 156 24 (16 BO.) 416 284 $194 $844 $1300 8388 $1688 78 6 (16 BO.)143 71 130 130 156 12 (16 BO.) 286 142 $340 $990 t $1300 9680 $1980 78 4 (16 BO.)121 47 86 86 156 8 (16 BO.) 286 94 $484 $1134 $1300 $968 $2268 BSTIMAra OHLT — DOBS SOT ISODDS EASBKBST8 If U ' ' \\)0 DEbiCn r O Boi tBtl (992) B9&42B7 (992) 79603J3 Attgiift21.2001 ChyoCOroM CityCouiicU Plaiaiiing CommimN) 2750KdJcyPtekway POB0X66 Co^tey.MN 55323 We received today a copy of a letter from a Karen Cuff, a neighbor oC a lot ne own at 3551 U\ingston Road. I n Ms. Cuffs letter note that a mimbtr or errors are Mtcd. We with to correct these errors. There is a claim that a munher of actions which have taken place over the last se\eral years are the responsibiliiv* of nhe Builder^ i.e.. Fine Line DESIGN group. This is slin|d>’not the case The coi^tioo the lot is in toda>‘is the condition that we acquired the lot hbout equipment on or qff of ku FiiK Line DESIGN group is charged with creating a drainage plan and creating a residence that meets Cit>* Code and State law. We have done this, and provide copies to the City for Staff review. Ms Cuff slates that "the builder has not displayed any thoughts of the alteration effeett on the neighborhood at this point". W'e note that any* constructioo we do will hme the benefit of improving the existing cooditkMis. We also look into account the scale and sty le of homes exisung in the neighborhood as well as all applicable City Codes before preparing the lesidenoe shbniitted for permit Ms. Cuff states that "the proposed house has appro.\imalely three times the hardoo\er as the original house**. We presented hardco\er calculauons showing our design complies with the allowed 35% ma.ximum hardemer requirement. In addition, the residence complies with the allowed 15% structural cov erage requirement We wish to construct a residence that will have a positive impKt upon the Navarre HeighU neighborhood Sinocfely. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAT 28. 1991 ROLL CALL: The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmerabers J. Oiann Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler. The following represented the City Staff: City Administrator Mark Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson. Assistant Planning and Zoning Administrator Michael Gaffron. City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. (tl*)CONSENT AGENDA Mayor Peterson requested that item 122 and 124 be removed from the Consent Agenda for the purposes of discussion. It was moved by Jabbour. seconded by Goetten. to approve the Consent Agenda, with the exception of item #22 and #24, which v/ere removed and discussed in the sequence shown on the Agenda, All voted aye. Motion c: o3c:*. (12) CERTIFICATE OF ACHIEVETIENT-OFFICER JAY DEMBOOSKI Mayor Peterson presented Officer Derabouski with a Resolution of Appreciation for his military contribution to the United States of America, and the City of Orono, while serving as a Military Police Officer in the United States Marine Corps Reserves in Operation Desert Storm. (13) PUDLIC HEARING-NAVARRE HEIGHTS STORM SEWER IMPROVEMENT The Affidavit of Publication was duly noted, and Mayor Peterson opened the Public Hearing at 7:05 p.m. Bernhardson provided a historical overview of the proposed project and explained the purpose of this Public Hearing. He noted that the bids received by the City for the construction portion of this project came in at $20,000. which is less than estimated. Glenn Cook displayed a map that showed where the proposed storm sewer would be located, and the properties that would be included in the project. He stated that the properties involved in the project would be assessed Sh cents a square foot. Mayor Peterson indicated that she would now take public input. Dean Young. 3555 Cryscal Place, expressed concern regarding the storm sewer diverting v/ater away from several Cottonwood trees in his yard. He stated that Cottonwood trees require a significant amount of water. Mr. Young indicated that he has dug a trench along the back of his property to facilitate drainage once the water passes through his front yard. - 1 - ORONO CITY COONCIL MEETING HELD MAY 28, 1991 L (13) NAVARRE HEIGHTS STORM SEWER CONTINUED Mitchell Asked. **Would it be safe to say that the water is following its natural drainage pattern at this time?- Cook replied, **Yes, that would be correct*- Mitchell said, **I am trying to point out that Minnesota Lav/ entitles water to flow dov/nstream, which is what it is nov/ doing. The City has the authority to put in a pipe wherever they feel it is necessary, but the City cannot assess the cost back to residents that will have no benefit from that project. The water is simply going where it has always gone, and the residents in the area are not obligated to pay for that.- There were no additional corrjnents from the public, and Mayor Peterson closed the Public Hearing at 7:15 p.m. It was moved by Jabbour, seconded by Butler, to abandon this project, based on the fact that the vast majority of residents in the area arc opposed to it. Further, there is no public safety risk to warrant the City to mandate the project and assess the residents. Mayor Peterson stated that there has been a significant amount of time and money spent on this issue. She commented that it would have been helpful if all those opposed to the project would have come forward at the very beginning. She thanked the residents for coming forward at this point. Butler stated that given the fact that the majority of residents would appeal the assessment of this project, it v/ould be unwise to proceed any further. Jabbour added that Council would not be spending the ci-izen's tax dollars economically if it chooses to engage legal counsel to assist with the appeal process. All voted aye. Motion passed. APPROVAL OF MINUTES: (|4*)MINUTES OF MAY 13, 1991 REGULAR COUNCIL MEETING It v/as moved by Jabbour, seconded by Goetten, to approve the minutes of the Regular Council Meeting held May 13, 1991* All voted aye. Motion passed. (#5*)MINUTES OF MAY 13, 1991 RE-CONVENED BOARD OF REVIEW It was moved by Jabbour, seconded by Goetten, to approve the minutes of the May 13, 1991 Re-convened Board of Review. All voted aye. ftotion passed* LAKE MINNETONKA CONSERVATION DISTRICT REPORT-JOELLEN HURR LMCD Representative, JoEllen Hurr reported that at the May 22, 1991 LMCD Board Meeting, the license request for Lakeside Marina was reviewed and granted. This Marina had been given approval last year to extend its dock out 600 feet. Hurr and CounciInember Jabbour, who attended the meeting, informed the Board that they felt 600 feet was excessive and should not be • 3 - I i ! FROM: DATE: Chair Ha\%n and Orono Planning Commission Members Ron Moorse, City Adminismitor Wendy Bonenberg« Zoning Administrator/Planner August 10,2001 SUBJECT: MO 1 -2702 Fine Line Design Group 3551 Livingston Avenue Variance Renewal-* Public Hearing Zoning District: Lot Area: LR-IC One Family Lakeshore Residential District (.5 acre) 6.725 s.f. (.15 acres) LUt ofEahibits A Analysis Worksheet Application Survey Elevations/Floor Plans Resolution i^3952(l997) Council Minutes 9/8/97 Planning Commission Minutes 8/18/97 Staff Report 9/3. 97 Location Map Application Summary: This is a request for renewal with no change of variances granted in 1997 to allow the replacement of the existing residence on this substandard lot. w ith a new residence. The e.xisting residence and shed were demolished June 1998. The variances granted in 1997 and requested for renewal arc: Section 10.25. Subd. 6(B): Lot Width: The lot is 50 feet wide where 100 feet is the minimum lot width for the LR-IC zoning district for new construction. Section 10.25. Subd. 6(B): Lot Area: The lot is 6.725 s.f. (.15 acre) where 21,780 (0.5) acre is the minimum lot area for the LR-IC zoning district for new construction. Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Both adjacent properties contain existing homes, hence no additional land is available to make the lot larger. M0!-2^02 Fine Line Design Croup S3 SI Lnmgston Road Variance Renewal 8/10/2001 Page! tfllltL L Immw for CoBiidcratton; 1. The lot was planed prior to current zoning requirements. 2. A residence once existed on the property. 3. Other issues raised by the Planning Commission. Staff Recommendation; Staff recommends approval of the requested variances. To obtain a building permit the new residence must meet ail setbacks, hardcover and structural lot coverage requirements. B0!^2W2 Fint Lin^ Design Croup 35Si Lhfingsion Rood Fariance Renowai 9/1(32001 Page2 LotArta; ANALYSIS WORKSHEET LR-IB Lot Area Required 43,560 s.f. (I acre) Actual 6.725 s.f. (15 acre) Hardco%*gr Calculitiooi: Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1000’6,725 s.f.2,353.75 s.f. (35%) 0 s.f 1,680 s.f (24.98%) Structumi Coverage! Total Lot Size Total Structural Coverage 6,725 s.f (.15 acres)Allowed: 1,500 s.f Existing: vacant Proposed: 1,100 s.f CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 (SSO.OO per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures S2SO.OO After-the-Fact Fees Pouble application fee) Application # Date Recchad -7-/P~»^00/ Amount Paid i <3T> PROPERTY INFORMATION Attach legal description to application if not included on required survey. Date Property Acquire d dtqorftY'. t Ur _________ fmonth/vear’t I (do) (do not) also own the ‘aftjacent parcels 6f land. 0I (do) (do not) also own the adjacent parcels Present use of property: >d^residential ■RlZoning District:_ _other (specif>)_ APPLICANT . . Name Piru^ !-•» Addne«jgr City:. Phone (home ) ^5^-996 » ^one (work ) OWNER (if different than appHcant) Name I f-rSVy^t-^ Address: Citv: >AriiCVl(U Zip: Phone (home) ^ / Phone (wyk) Zip: if DESCRIPTION OF REQUEST Estimated Construction Cost S /0Oi Describe request in detail: L c-t Aaia^ f- < a._________ (attach additional sheets if necessai>) VARIANCES REQUIRED X Area VLct 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 conditions preventing compliance with Zoning Code requirements: InJFtil IS. ___________________ !*££ 4-iZZ /)raf' (attach additional sheets if necessary) CERTIFICATE OF SURVEY FOR BRENSHELL HOMES LOT 6. BLOCK 4. NAVARRE HEIGHTS HENNEPIN COUNTY, MINNESOTA LIVINGSTON AVENUE S 89‘59’00"E 50.00 49.92—50.0* S 89*51' 44" W i:*!.?0 IfGAL Pg^P'PT>ON Of PftgVtSES : LOT e. BLOCK 4. NAVARfft >«M?S O B«nolC« «cn morfcff (totJ) #tnott« «4«irotio»v mean sea le.e< • : df««etes Oiftonce as sho»n ea the piol oJ NAVAWtt »C£HT$ Btoretgs sHo»n ore besetJ wooo on osiumed dolum. TKs Intends to s»»o« the b«rdorIes of the obo»e descrM properir. $i9¥l 0 ^444tff or^ the proposed locotien of o proposed house thereon. It does net pi^port to sho« ony ether mprovements or encrooshmsnts 4^ d4ftr^$m^r a P?#./ <7 GROMBDCftASSOCUTO^WC CHUB miK IM imu H Mm MtUlM IBBUCim W-4HJI4I IHedf lollr M Id Sfin pipoillf Of o ede if M d M od M1 PI e 4i» rifMeil CM Di^ ed led %ntfi i IN del If te Slili of MmsiU INS S OrpQ^ Mpilltl ICPOf IN r-KP OATl 7-4-Ot 01-O5BA Ol-OSM w *fki -----------— ■ — ■ —• '■■ — -*v \ WAUU SEOTIC^M ^«*»r-w^ »Otr'» __ ygwiattgrigaa^-xwixig^^ W« « Mt •««>«u» m •« r •« M •« »«*« ^Bn kr rt« I^4 r«a»(*« lb>w« ««« immry^ t*« •• t f«f. r>«« liSw r«*M «t f*M illA SEPTIC? riS ^:*-<-L I A6.C7 6808378 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8952 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 2253 WHERE.AS, David Reinbold (hereinafter "the e^pHcant") is the owner of the property located at 3551 Li\ingston within the City of Oroaa (hereinafter "the City") and legally described as follows: Lot 6, Block 4, Navarre Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, Uic applicant has applied to the Cit>‘ for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new single fantily residence to replace the existing residence on a lot of 0.15 acre area and 50 ’ width where a 0.5 acre area and 100' width are normally required. Minnesota; 1. 2, 3. NOW, THEREFOR. r£ IT RESOLVEu by the City Council of Orono, FINDl.NCS This applici'.ion was reviewed as Zoning File #2253. The propertj’ is located in the LR-IC Single Family Lakeshore Residential Zoning District. The Orono Plxnning Commission reviewed this application on August 18, 1997 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the following findings: A. The existing lot of 0.15 acre in area and 50' width contains an existing house connected to municipal sewer. Page I of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 5 2_____ B. The adjacent propenies on either side of applicant's propert>* are developed uith existing single family residences, hence no additional land is available to make the lot larger. C. Development of this lot would be in character with the neighborhood, as evidenced by the fact that of 73 homes in the neighborhood bounded by Shad>-wood Road on tl« east and Blaine Avenue on Lhc west, including Livingston Avenue. L>Tic Avenue and Crjstal Place, 41 are on single 50' lots, 23 are on double 100* lots, and 9 are on triple ISO' or larger lots. D. Even though this lot is significantly smaller than the zoning district standards, a residence can be built on the property which meets the lot coverage, setback and hardcover standards of the LR-IC district E. Allowing the replacement of the existing deteriorated structure with a modest residence will help the City meet its goal of maintaining affordable housing in the Ciw. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safew and welfare of the communiw. The Cit>' Council finds that the conditions existing on this propert}' are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances woald 4iot 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 difficult}'; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^52____ CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono Cit>' Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a new residence to replace the existing residence on a lot of 0.15 acre area and 50 ’ width where a 0.5 acre area and 100’ width are normally required, subject to the following conditions: 1. 2. 3. 4. 5. 8. This approval grants only the requested lot area and lot width variances. Development of the property shall not exceed the 35% hardcover limit of the 500-1,000' hardcover zone in which the lot is located. Total lot area is 6,725 s.f., and the maximum hardcover allowed on the propertv* is 35^o or 2,353 s.f. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" allowance. At the time the existing house is removed, the existing shed shall also be removed. Existing house and shed shall be removed within 90 days of variance approval, and if this is not completed, the applicant is advised the Cit>' may proceed with hazardous building action. Applicant is advised as part of this proposal that it is the City’s intent to grant no other variances for this property. .Authorities granted by this variance run with the propertv' not with the applicant, but arc permissive only and must be exercised by application for a bunding permit within one year of the date of Council approval, or this variance will c.xpire on that date (September 8, 1998). 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. Page 3 of 5 GITYoT ORONO RESOLUTION OF THE CITY COUNCIL NO. a Q 5!> The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf 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 Cit)’ of Orono, Minnesota at a regular meeting held on the 8th day of September, 1997. ) ss. COUNTY OF HENNEPIN ) The foregoing instrument wxs acknowledged before me on this 8th day of September. 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City- of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAR01EA.HASEMAN NOt«ri>usi«-w.Vjt$ou ne«pe;cowrtY MrCer.TJU«at7j‘.tii» SI.TtO Notary Public Page 4 of 5 : J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Soso____ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this 199 n_ before me a Notar>' Public wthin and for said county, personally afepeared f}, d mT .^. rr.^A__^--------------- known to me to be the petson(s) described in and who executed the foregoing instrument,and arVnnwjgd|^^jhatjw^ same as his (their) free act and deed. CMOUAHASQMN aotNRMUMMaon MOMOWOOUMV l>rCaiii«e»toin»Jn3i.y« a n) //t£2l^ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of .199_ before me a Notary Public within and for said county, personally appeared_______________________________^--------------- known to me to be the penon(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) &ee act and deed. Notary Public Page 5 of 5 .-.I ^ RESOLUTION #8952 3V <i A ... ^ •t" -r*Cw rM Cl STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) CITY OF ORONO ) .5 ^ a a _ i* I-: a _______________, 1921.. and that tee same is ipy of said resolution duly adopted by sai-l City Council at said meeting. In Witness Whereof. I have hereunto set my hand and seal this----Li£i. S«pteab*r 1<)97day of .1911 ‘m ..m’ • (SEAL) 'ryh./^LM^ City Clerk II MESTTrES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBERS. 1997 N(Pirk Commission Comments - Continued) JilwHr indicated that the Commission was asked to review the trail matter with Councfl MetnbaH^m:. Jabbour said his visit whh Hennepin Parks Superintendent, Doug Bty^, indicated pbtMtial significant benefits to working with Hermepin Parks towards planning of trails to be n«art of the regional trail system. (Council Member FiSh(^ved at this time.) Welles concurred with Jaul sources. ur. He reported that future fundirig will require new revenue Jabbour informed Welles that the Cobq^ is b the process of re-evaluatbg the park dedication fee ordinance He also advi«n(W'elles that the direction bebg considered by the Park Cotruiiission for widenbg roadw^sTor shoulder*type trails is b direct conflict with the desires of many of the residents. He wqs of the opinion that it would be a problem to widen Watertown Road to add a shower trail. Flint emphasiaed the need for the Park Commission to I open space and meet with Council. us their work b the area of PLAN'NING COMMISSION CO>DIENTS Janice Berg had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (•#3) #2253 DAMD REINHOLD. 3551 LIVINGSTON A>TNUE - VARIANCES - RESOLUTION NO. 3952 Coetten moved, Peterson seconded, to adopt Resolution No. 3952, grantbg lot aru and width variances for construction of a new residence to replace the existbg residecce at 3551 Livingston Avenue Vote: Ayes 4, Nays 0. p#3)'#21fi7JOHN O’SULLIVAN, 2380 SHADY>YOOD ROAD - COMMERCIAL SITE PLAN^RESQLUTION NO. 3953 Gcetten moved, Peterson second^.'UMbQBtR^IutionNo. 3953, granting commercial nte plan approval and approval for creationoFllrtcc^ easement to serve the property at 3340 Shoreline Drive. Vote: Ayes 4, Nays 0. L .'Ibifta MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 18. 1997 ACTION ITEM (M) fe22S3 DAVID REDiHOLD, 3551 UVLNGSTON AVENUE - VARIANCES. PUBUC HEARING 7:15-7:30 P.SL The Affidavit of PubKcation and Certificate of Mailing were noted. The Applicant was present Gaf&on reported that the application is a request for lot area and lot width variances to construct a new residence on a small lot located at 3551 Livingston Avenue. The lots in this area were planed in the early I900's before zoning codes were b efiea There is an existing bouse on the property. The zonmg district requires 21,780 s.f in lot area and too* width. The property is 6,725 s f and SO'wide. Required setbacks are 30’firont and rear and lO* side. The house is whhb the 500-1000' setback of the lake where 35% hardcover is allowed. The lot is aOowed 1500 s.f. structural coverage Gaffiron bdicated that the existing house is b poor condhioa The applicant plans to remove the house and either rebuild on the lot, as a building site, or sell it as vacant land or sell the lot to add to a neighboring property. There are no house specifications as of yet for the site. Because of that. Staff reviewed the lot area and zoning requirements and calculated what a conforming residence might bclude. An example would be a 28'x36' house with a 24 ‘x20’ attached garage for total lot coverage of 1488 s.f. Addbg a 16'x30' driveway (480 s.f.), 3'x32' sidewalk (96 s f). lO'xlS’ deck (180 s.f.), and lO'xlO' shed (100 s.f) would result in 2344 s f of total hardcover or 34.9%. A garage as noted would be an endload faemg Livbgston Avenue at the front setback Une. Gafifron reported that no adjacent land is available to berease the lot size. The homes b the area are on mainly single lots The example residence would be b keepbg with the character of the neighborhood. Gaffron recommended approval subject to the structure meeting all zonbg codes with approval of lot area and lot width variances only. GafiBron said the existing shed would be removed with the house and recommended removal withm 90 days of variance app. . al. Karen Cuff 3572 Livbgston Averuie, noted she has lived at that address for 17 years. She bdicated the bouse b question is vacant and is concerned with the potential size of an new residence for the property. Cuff said she currently is unable to view the existbg house with the tree coverage. Lindquist explabed to her that the property would be allowed a 1500 s.f. house but no other variances beyond that allowed. Hawn was informed the current house is 720 s.£ Gafifron noted this b one-half of the footprbt allowed. Gr 1 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 18.1997 («3 - #2253 David Reinhold - Cootioued) Schroeder asked for verificadon that the lot is buHdable. Gaffioa said in his opinion it was, nodiig denial of hs buildabilhy would Gmh the applicant's options. Gaffion noted that there is an existing bouse on the property. He indicated that a set of conditions would be required for approval reoardless of the structure itself before anv pe«init is aOowed. Schroeder was told that the Commissioo typically reviews a speciSc building plan for this tvoe of variance reouest. Stoddard asked why the application was on the agenda. Gaf&on said the ^plicant needed verification that the lot is buildable. He noted as long as other standards are met, the request is only for lot area and width variances. Schroeder asked if the approval could not be obtained at time of the building plan application. Gafi^n informed him that the applicant wanted the confidence that the lot is biddable. Commission questioned whether they could approve with reviewing a plan. Gaffion noted that a similar «tuation was recently approved for lot area variance only without a building plan in order to allow the current owner to sell the property. Hawn noted that an approval would clarity the situation for a potential buyer. Berg indicated that if the plan meets all other requirements, the application would not have to be reviewed sgain. Hawn indicated that a neighboring property owner wanted to speak with the applicant. Schroeder noted that there is more value in the land if it is buildable. Smith asked what the preference was of the applicant for the property. Reinhold said he preferred to sell the lot. Smith indicated she agreed with Hawn that the best scenario would be to sell the lot to the adjacent neighbor. Hawn moved, Berg seconded, to approve AppUcation #2253 for lot area and lot width variances subject to Stafi*recommendations 1-6 as noted. Smith informed the applicant that it was important to note that if a residence was buUt, no other variances would be approved. Vote; Ayes 7, Nays 0. 1 «0Q ■ *3lf - \ Stubbs ' ^ g ■I *•••••••••••:■!» J Line Course ;' A • ^ r^v «CH »B aco \ V SRAIIOVICW' '• ^ <Maxwe.llr ' • ; , \A\Bay IvAA-j ™ '1 V - 6rono^^°°I®§ Arm ood Point PEERING 'V*-Crystal Bohnj Point Crystal B ^ay\: - -A Faserness Point RBiNGiS^-n 7/ ^sJ- 5^sr-'^:^^<g ;-C - '^‘ SSb|?\^^5557s^:^yssy^r> 'oTVMU M'!NNETO^ ^Black Utkt -l•a(MM■Uvr^i A' •• REQUEST FOR COUNCIL ACTION DATE: September 3. 1997 ITEM NO.: Department Approval: Name Michael P. Caffron Title Assistant Planning A Zoning Administrator Adminulrator Reviewed:Agenda Section: Zoning Item Description:#2253 David Reinhold, 3551 Livingston Avenue - Variances - Resolution Zoning District: LR-IC Single Family Lakeshore Residential, '/r Acre Minimum, Sewered Application:Request for lot area/lot width variances to construct a new residence to replace the existing residence. Ltet of Exhibits A • Resolution B • Notice of Planning Commission Action 8/20/97 C • Memo and Exhibits of July 14, 1997 Summary of .Siry^ication Please review the memo and exhibits of July 14. BrieRy, applicant requests lot area and lot width variances for construction of a new residence to replace the existing residence on ti is 50' X 134.5’ (0.15 acre) lot in Navarre. The LR-IC standards are lOff width and 0.5 acre. The property currently contains an existing 720 s.f. house and 40 s. f. shed, both of which would be removed. Applicant has indicated he may sell the lot t • than build on it himself. No plans for a projxjsed house for the site have been submitted. However, the July 14 staff memo describes how <> house could be developed on the site meeting the 35Vo hardcover limit, the 1,500 s.f. lot coverage allowance and the required front, rear and side yard setbacks. As noted, such a house could mclude a two car attached garage which would be at the 30* setback. Planning Commission Recommendation Planning Commission recommended approval subject to the following: 1. Granting only the requested lot area and lot width variances. 2. Development of the property shall not exceed the 35% hardcover limit. 3.Develapment of the property shall not e.xceed the 1,500 s.f. lot coverage by structures allowance. 1 Request for Council Action continued Page 2 September 3. 1997 #2253 David Reinhold, 3551 Livingston Avenue - Variances At the time the existing house is removed, the existing shed shall also be removed. Existing house and shed to be removed within 90 days of variance approval (to avoid City proceeding with hazardous building action). Applicant is advised as pan of this approval that it is City's intent to grant no other variances for this property. Staff Recommendation Staff recommends approval per the Plaiming Commission recommendation. COUNCIL ACTION REQUESTED: Adopt the anached resolution of approval. PROPOSED MOTION: Moved by seconded by to adop P -solution No. granting lot area and width variances for constructk>n of a new residence to replace the existing residence at 3551 Livingston Avenue. Vote: ____ayes,_____nays. / I' ^ N m Quick TR-55 Ver.5.47 S/N: Executed: 11:24:46 09-25-2001 BRENSHELL HOMES Before Conditions RUNOFF CURVE NUMBER DATA 2 :: 2 ::::: 2 5 5 ::::::::::::::::: Con^osite Area: SURFACE DESCRIPTION AREA (acres) CN Existing house, shed 0.02 98 Open space, B soils 0.14 61 COMPOSITE AREA •-•>0.15 65.1 ( 65 ) : : 2 2 : 2 : : 2 : : : : 2 : : 2 2 : 2 2 2 : : 2 : : 2 2 : 2 : : 2 2 2 2 2 : 2 : : : : : 2 2 2 2 : 2 : ; . r Quick TR-55 Ver.5.47 S/N: Executed: 11:30:18 09-25-2001 BRENSHELL HOMES After Conditions RUNOFF CURVE NUMBER DATA ::::::::::::::::::::::::::::::::::::::: s:s s : s !!! s s s s s s s 5 s 5 5!! s s s Composite Area: AREA CN SURFACE DESCRIPTION (acres) Proposed house 6 drive 0.04 98 Open space. B soils 0.12 61 COMPOSITE AREA ---> 0.15 69.6 ( 70 ) i f iiini Quick TR-55 Ver.5.47 S/N: Executed: 11:10:55 09-25-2001 BRBNSHELL HOMES Before Conditions Tc or Tt DATA : : : : :::::::::: Subarea: DESCRIPTION LENGTH VELOCITY TIME (feet)(ft/sec)minutes hours 135 0.19 12.0 - 0.20 minutes hours TOTAL Tc --->12.0 « 0.20 Quick TR-55 Ver.5.47 S/N: Executed: 11:12:18 09-25*2001 BRENSHELL HOMES After Conditions Tc or Tt DATA :::::::::::::::::::::::::::::::::::::::: Subarea: DESCRIPTION LENGTH VELOCITY TIME (feet)(ft/sec)minutes hours 135 0.23 10.0 « 0.17 minutes hours TOTAL Tc --->10.0 » 0.17 :::::: Quick TR-55 Ver.5.47 S/N: Executed: 11:24:46 09-25-2001 BRENSHELL HOMES Before Conditions RUNOFF CURVE NUMBER DATA : :: : : : Composite Area: SURFACE DESCRIPTION AREA (acres) Existing house« shed Open space, B soils 0.02 0.14 98 61 COMPOSITE AREA --->0.15 65.1 ( 65 ) ::::::::::::::: « • Quick TR-55 Ver.5.47 S/N: Executed: 11:30:18 09-25-2001 BRENSHELL HOMES After Conditions ::::: RUNOFF CURVE NUMBER DATA s : s s s s s s s s ! s 5 s s 5 s ! * s Coo^site Area: AREA CN SURFACE DESCRIPTION (acres) Proposed house & drive 0.04 98 Open space, B soils 0.12 61 COMPOSITE AREA ::::::::::::::::::::::::::::: -•-> 0.15 69.6 ( 70 ) ■'1 Quick TR-55 Ver.5.47 S/N: Executed: 11:10:55 09-25-2001 BRENSHELL HOMES Before Conditions Tc or Tt DATA : : s : : : Subarea: DESCRIPTION LENGTH VELOCITY TIME (feet)(ft/sec)minutes hours 135 0.19 12.0 - 0.20 minutes hours TOTAL Tc --->12.0 X 0.20 a’ Quick TR-5S Ver.5.47 S/N: Executed: 11:12:18 09-25*2001 BRENSHELL HOMES After Conditions TC or Tt DATA ::::::::::::::::::::::::::: Subarea: DESCRIPTION LENGTH VELOCITY TIME (feet)(ft/sec)minutes hours 135 0.23 10.0 - 0.17 minutes hours TOTAL Tc --->10.0 - 0.17 : :: : : Quick TR-55 Version: 5.47 S/N:Page i Return Frequency: 1 years TR-55 TABULAR HYDROGRAPH METHOD Type II. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 11:36:35 Watershed file: --> BB .MOP Hydrograph file: BBl.HYD BRENSHELL HOMES Before Conditions »» Input Parameters Used to Congjute Hydrograph «« Subarea Description AREA CN (acres) Tc (hrs) • Tt (hrs) Preclp. (in) Runoff (in) la/p input/used 0.15 65.0 0.20 0.20 2.35 11 0.24 1.46 .46 * Travel time from subarea outfall to composite watershed outfall point. Z -- Subarea where user specified interpolation between la/p tables. Total area - 0.15 acres Peak discharge or 0.00023 sg.mi > 0 cfs >>>> Computer Modifications of input Parameters <<<<< Subarea Description Input Values Tc * Tt (hr) (hr) Rounded Tc (hr) values * Tt (hr) la/p Interpolated (Yes/No) la/p Messages 0.20 0.20 ****Yes -- * Travel time from subarea outfall to composite watershed outfall point. '• Tc a Tt are available in the hydrograph tedjles. Quick TR-55 Version: 5.47 S/N:Page 1 Return Frequency: 10 years TR-SS TABULAR HYDROGRAPH METHOD Type II. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 11:36:35 Watershed file: --> BB .MOP Hydrograph file: --> BBIO.HYD BRENSHELL HOMES Before Conditions »» Input Parameters Used to Compute Hydrograph «« Subarea Description AREA (acres) CN Tc (hrs) * Tt (hrs) Precip. (in) Runoff (in) la/p input/used 0.15 65.0 0.20 0.20 4.15 i1 1.12 1.26 .26 * Travel time from subarea outfall to composite watershed outfall point. I -- Subarea where user specified interpolation between la/p tables. Total area > 0.15 acres or 0.00023 sq.mi PeaJc discharge > 0 cfs »» Computer Modifications of Input Parameters <«« Input values Rounded Values la/p la/pSubareaTc* Tt Tc * Tt Interpolated Description (hr)(hr)(hr)(hr)(Yes/No)Messages 0.20 0.20 ****Yes -- * Travel time from subarea outfall to con?>osite watershed outfall point. *• Tc fc Tt are available in the hydrograph tables. Quick TR-55 Version: 5.47 S/N:Page l Return Frequency: 100 years 1 TR-55 TABULAR HYDROQIAPH METHOD Type IX. DistributiOT (24 hr. Duration Storm) Executed: 09-25-2001 11:36:35 watershed file: --> BB .mop Hydrograph file: --> BBIOO.RYD BRENSHELL HOMES Before Conditions >»> Input Parameters Used to Compute Hydrograph «« Subarea Description AREA (acres) CH TC (hrs) * Tt (hrs) Precip. (in) Runoff (in) la/p input/used 0.15 65.0 0.20 0.20 5.95 11 2.32 1.18 .18 • Travel time from subarea outfall to conposite watershed outfall point. I Subarea where user specified interpolation between la/p tables. Total area - 0.15 acres or 0.00023 sq.rni Peak discharge ■ 0 cfs »>> conputer Modifications of Input Parameters ««< Subarea Input Values Rounded Values la/p Tc * Tt Tc . Tt Interpolated la/p (hr)(hr)(hr)(hr)(Yes/No)Messages 0.20 0.20 ****Yes -- • Travel time from subarea outfall to conposite watershed outfall point. •• Tc 6 Tt are available in the hydrograph tables. Quick TR-55 Version: 5.47 S/N:Page 1 Return Frequency: 1 yeaurs TR-55 TABULAR HYDROGRAPH METHOD Type ZZ. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 11:48:06 Watershed file: --> BA .mop Hydrograph file: --> BAl.HYD BRENSHELL HOMES After Conditions »» Input Parameters Used to confute Hydrograph «« Subarea Description AREA (acres) CN TC (hrs) * Tt (hrs) Precip. (in) Runoff (in) Za/p input/used 0.15 70.0 0.20 0.20 2.35 1 0.39 Z.36 .36 * Travel time from subarea outfall to composite watershed outfall point. I -- Subarea where user specified interpolation between Za/p tables. Total area - 0.15 acres or 0.00023 sq.mi Peak discharge ■ 0 cfs »» Computer Modifications of Znput Parameters ««< Subarea Travel time from subarea outfall to composite watershed outfall point. Znout Values Rounded Values za/p za/pTC* Tt TC * Tt Znterpolated (hr)(hr)(hr)(hr)(Yes/No)Messages 0.17 0.20 0.20 0.20 Yes -- Quick TR-55 Version: 5.47 S/N:Page 1 Return Frequency: 10 years TR-35 TABULAR HYDROGRAPH METHOD Type II. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 11:48:06 Watershed file: --> BA .mop Hydrograph file: --> BAIO.HYD BREHSHELL HOMES After Conditions »» Input Parameters Used to Conq>ute Hydrograph «« Subarea Description AREA CN (acres) Tc (hrs) * Tt (hrs) Precip. (in) Runoff (in) la/p input/used 0.15 70.0 0.20 0.20 4.15 1 1.43 1.21 .21 * Travel time from subarea outfall to conqposite watershed outfall point. I -- Subarea where user specified interpolation between la/p tables. Total area ■ 0.15 acres or 0.00023 sq.mi Peak discharge > 0 cfs »» Computer Modifications of Input Parameters ««< Subarea Tc * Tt Tc • Tt incerporacea la/p Input values Rounded values la/p Tc * Tt Tc * Tt Interpolated (hr)(hr)(hr)(hr)(Ves/No) 0.17 0.20 0.20 0.20 Yes * Travel time from subarea outfall to composite watershed outfall point. Quick TR-55 Verslcm: 5.47 S/M:Page 1 Return Frequency: 100 years TR-55 TABULAR HYDR06RAPH METHOD Type II. Distribution (24 hr. Duration Storm) Executed: 09-25-2001 14:17:11 watershed file: --> BA .mop Hydrograph file: --> BAIOO.HYD BRENSHELL HOMES After Conditions »» input Parameters Used to compute Hydrograph «« Subarea Description AREA (acres) CN TC (hrs) * Tt (hrs) Precip. (in) Runof f (in) la/p input/used 0.15 70.0 0.20 0.20 5.95 11 2.77 1.14 .14 • Travel time from subarea outfall to composite watershed outfall point. I -- Subarea where user specified interpolation between la/p tables. Total area ■ 0.15 acres or 0.00023 sq.mi Peak discharge - 0 cfs »» Computer Modifications of Input Parameters ««< Subarea Description Input Values TC * Tt 'hr) (hr) Rounded TC (hr) values • xt (hr) la/p Interpolated (Yes/No) la/p Messages 0.17 0.20 0.20 0.20 Yes -- * Travel time from subarea outfall to con^KSsite watershed outfall point. liL j TO: Chair Hawn and Orono Planning Commission Members Ron Moorsc, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: September 14,2001 SUBJECT: UO1 -2702 Fine Line Design Group 3551 Livingston Avenue Variance Renewal- Public Hearing Zoning District: LR-IC One Family Lakes^ ore Residential District (.5 acre) Lot Aren: 6,725 s.f. (.15 acres) LbtorEihibiU A Analysis Worksheet B Revised survey with drainage C Draft Planning Commission Meeting Minutes 8/20/01 D Lener from City Engineer E Letter from Neighbor 8/21/01 F Letter from Fine Line Design Group 8/21/01 G Council Minutes - May 28, 1991 H Staff Report 8/10/01 Appliention Summary: This application was tabled at the August 20. 2001 Planning Commission Meeting due to failure of a repicsentative for the applicant to be present at the meeting. This is a request for renewnl with no change of variances granted in 1997 to allow the replacement of the existing residence on this substandard lot, with a new residence. The existing residence (720 s.f.) and shed (40 s.f.) were demolished June 1998. The variances granted in 1997 and requested for renewal are: 1. Section 10.25, Subd. 6(B): Lot Width: The lot is 50 feet wide where 100 feet is the minimum lot width for the LR-IC zoning district for new consuuction. 2. Section 10.25, Subd. 6(B): Lot Area: The lot is 6,725 s.f. (. 15 acre) where 21,780 (0.5) acre is the minimum lot area for the LR-IC zoning district for new construction. At the August 20,2001 Planning Commission Meeting there were concerns over drainage raised by members of the audience. The applicant has submitted a revised surv*ey showing a drainage plan. The City engineer has reviewed the plan and visited the site. Staff has reviewed the neighborhood drainage issues. Statement of Hardihip : This is an existing lot which was platted prior to current zoning standards. Both adjacent propeities contain existing homes, hence no additional land is available to make the lot larger. Mt-2702 Fine Lint Dalgn Croup 353 J LMngston Road Varlanco Remwai 9/14/200! Pag€ t City Engineer ConuBcnts: The City Engineer has reviewed the site plan and visited the property. The revised site plan show^ swales along both side property lines of the lot and that the water will be directed to Livingston Avenue. He suggests pre and post drainage calculations be provided by the developer, and that drainage & utility easements be granted along the lot lines (see Exhibit P). Given the narrow width of the right-of-way (BS"). staff concurs with this recommendation since the City may need added right-of-way for a future storm sewer or swales along the road. Ngiyhborhood Druinagc Issuei Karen Cuff of 3572 Livingston Avenue has questioned the added drainage that will be created by this proposed residence (see Exhibit E). Drainage is a long-standing issue for Ms. Cuff since her property is at the low point of Livingston Avenue, and neighborhood drainage from an area of approximately 5 acres flows through her property. This neighborhood was the subject of a proposed storm sewer system in the early I990 ‘s. That $20,000 project was dropped by the City Council when a high percentage of the affected property owners threatened to appeal the assessment. The additional drainage added to the mix by constructing a new home at 355 1 Livingston Avenue is not significant ill the overall picniie, in staff’s opinion. This neighborhood is a candidate for use of funds from the pending Stormwater Utility (which the City expects to initiate in 2002) to construct storm sewers; however, this project is probably not the highest priority for use of those funds. Issues for Consideration! 1. The lot was platted prior to current zoning requirements. 2. A residence existed on the property until three years ago. 3. There is no change requested from prior approvals for this site. 4. Applicant has addressed the drainage impacts and provided a plan that meets all City requirements for handling drainage. 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variances with the following provision: 1. Applicant to provide pre and post development drainage calculations prior to City Council review. 2. Applicant to grant drainage and utility casements per the City Engineer’s recommendation. »0l-2702 Fine Line Design Croup JS5t Livingston Road Variance Renewal 9/I4/200I Page 2 ANALYSIS WORKSHEET LolArci: LR-IC Lot Area Required 21.780 s.f. (0.5 acre) Actual 6,725 s.f. (.15 acre) Hardcover Calculatlonf : Distance fiom shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1000*6,725 s.f.2,353.75 s.f. (35%) 0 s.f 1,680 s.f (24.98%) Structural Coverage; Total Lot Size Total Structural Coverage 6,725 s.f (.15 acres)Allowed: 1,500 s.f Existing: vacant (Had 720 s.f house 40s.f shed) Proposed: 1,100 s.f 11 ii CERTIFICATE OF SURVE' f BRENSHELL HOK .l LOT 6. BLOCK 4. NAVARRE III lifii HENNEPIN COUNTY. MINNE. 0 t'iA LIVINGSTON .AVE. !i \ S 89*5^: 00"E / a V ’• 'rPTcu Cf PffCMiSCS : . '.-.-L 4. N4VARRE \€CH1S 't, >rc« iriofkff t.j. «a*tt r<a spot #'«vcti3n. mtOT tto tr»fi dolk/n M *• #• it JiSlonct ct »ho«n oo Um plot of NAVARRl »> or# bcttd upon on e«tv#ned dotun. ih# I of iho obovt wr :rcicd locotion of o propotod houst tborooa H *... :r*r othtr improtromonti or oncroochmonlt. VI •uV..JnJ*ASSOCUTES;iHC .UliUUMIKmKIbBai V. U.IMC locucini llo% ar«| M Is tntf •• r r i W od MI« • . Is Im ol »t State fllfaisS “1 ijil .J :^o vlC> OCjnsc r f >7 0 r V.M . t f77 I ... ww..ia;j- 11 J itaticrsis# tesss . , v 1--20* 0*TI 7-d-01 OI-OSAA A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONP.G CODE SECTION 10.25, SUBD!VISION 6 (B) FILE rtO. 2253 WHEREAS, David Reinhold (hereinafter "the applicant") is the owner of the property located at 3551 Livingston within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 4, Navarre Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision* 6 (B) to permit the construction of a new single family residence to replace the e.xisting residence on a lot of 0.15 acre area and 50* width where a 0.5 acre area aiid 100 ’ width are normally required. Minneaota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. FINDINGS This application was reviewed as Zoning File #2253. The property is located in the LR-IC Single Family lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on August 18, 1997 and on a vote of 7 to 0 recommended approval of the proposed variances based upon the following findings: A.The existing lot of 0.15 acre in area and 50* width contains an existing house connected to municipal sewer. Page 1 of S 5. C. D. The adjacent properties on either side of applicant’s propern- are developed with existing single fanuly residences, hence no additional land is available to make the lot larger. Development of this lot would be in character with the neighborhood, as evidenced by the fact that of 73 homes in the neighborhood bounded by Shadywood Road on the east and Blaine Avenue on the west, including Livingston Avenue, L>'ric Avenue and Cr>stal Place, 41 are on single 50 ’ lots, 23 are on double 100’ lots, and 9 are on triple 150 ’ or larger lots. Even though this lot is significantly smaller than the zoning district standards, a residence can be built on the property which meets the lot coverage, setback and hardcover standards of the LR-IC district. E. Allowing the replacement of the existing deteriorated structure with a modest residence wall help the City meet its goal of maintaining affordable housing in 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 applicant and the effect of the proposed variance on the health, safety- and welfare of the community. The City Council n.nds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City-. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow the construction of a new residence to replace the existing residence on a lot of 0.1 S acre area and 50' width where a 0.5 acre area and 100' width are nonnolly required, subject to the following conditions; 1. 2. 3. 5. 6. 8. This approval grants only the requested lot area and lot width variances. Development of the property shall not exceed the 35% hardcover limit of the 500-1,000' hardcover zone in which the lot is located. Total lot area is 6,725 s.f., and the maximum hardcover allowed on the property is 35% or 2,353 s.f. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" allowance. At the time the existing house is removed, the existing shed shall also be removed. Existing house and shed shall be removed within 90 days of variance approval, and If this is not completed, t.hc applicant is advised the City may proceed w ith hazardous building action. Applicant is advised as pan of this proposal that it is the City's intent to grant no other variances for this propert>'. Authorities granted by this variance nm with the propertv' 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 this variance will expire on that date (September 8, 1998). 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. Page 3 of 5 i 9.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf 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 of Orono, Minnesota at a regular me . .ing held on the 8th day of September, 1997. ATTEST: Dorothy M. Hallin, City Clerk Cabriel Jabbour, Mayor Property Owner (s) STATE OF bHNNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of September, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NoUry Public Page 4 of S iii^J CITY OF ORONO P.O. B«x 66 CrysUlBay, MN 55323 473-7357 ZONING FILE #2253 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 20, 1997 TO: David Re inhold 5333 Forest Road Minnetonka. MN 55345 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: 08/18/97 VOTE: 7 FOR 0 AGAINST Plannlog Cominission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. Granting only the requested lot area and lot width variances. 2. Development of the property shall not exceed the 35% hardcover limit. 3. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures” allowance. 4. At the time the existing house is removed, the existing shed shall also be removed. 5. Existing house and shed to be removed within 90 days of variance approval (to avoid City proceeding with hazardous building action). 6. Applicant is advised as part of this approval that it is City's intent to grant no other variances for this property. Applicant's next scheduled meeting is confirmed as: City Council, Monday, September 8. 1997; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. • • • „ 0 TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. GalTron, Asst Planning & Zoning Administrator DATE; July 14.1997 SUBJECT: #2253 David Reinhold, 3551 Livingston Avenue - Variances - Public Hearing Note: This item was tabled at your July meeting at applicant ’s request. Zoning DbtricI: LR-IC, Single Family Lakeshore Residential, 1/2 acre sewered. Application: Request for lot area/lot width variances to construct a new residence to replace the existing residence. tutor Exhibits A • Application B - Plat Map C - Property Owner ’s List D - Surs'ey E - Hardcover Zone Review Summary of Request This property cun«ntly contains an existing 720 s.f. house and 40 s.f. shed. The lot is 50 ’x 1 34.5' or 0.15 acre. The LR-IC standards are 100' width ana 0.5 acre. Applicant requesu area and width variances to allow replacement of the existing house with a new residence, and he indicates he may sell the lot rather than build on it himself. Pertinent Code Sections 1.Section 10.25. Subd. 6 (B): . Lot area required “ 21,780 s.f.; existing = 6,725 s.f. • Required lot width = 100'; existing »* 50" Required setbacks: 30' front and rear, IC side. 2. 3. SecUons 10.22/10.56: Hardcover in 500-1,000 ’ zone is allowed at 35%. Section 10.03, Subd. 14(C): Allowance for lot cover^e by structures is 15% of total lot area or 1,500 s.f., whichever is greater. Zoning File #2253 July 14,1997 Page 2 Discussion The existing house on the property is small and in poor condition, and has not been lived in for a few years. Applicant proposes to remove the existing house and either rebuild himself or .sell the lot as a building site. A third option he is considering is sale to neighboring property owners for additional yard area. Applicant has not provided plans for a proposed house for the site. It may be reasonable to grant the variances requested to replace the existing house without knowing the parameters of a new house, only if all setback, hardcover and lot coverage requirements are intended to be adhered to. Given the 35% hardcover limit, the 1.500 s.f lot coverage allowance, and the required front, rear, side yard setback requirements, a modest residence with two car attached garage could be developed on this property without variances other than the requested lot arca/width variances. A conforming residence might include the following: A. 28*x36' house + 24'x20 ‘ attached garage = 1,488 s.f 16'x30 ’ driveway = 480 s.f. ’ 3'x32 ’sidewalk = 96 s.f. 10'x28 ’deck“ 180 s.f. lO’xlO'shed =100 s.f. Toul hardcover = 2,344 s.f. or 34.9% Total lot coverage = 1,488 s.f. B. C. D. E. This home could be two stories in height to gain square footage, but would have to be set at the 30' street setback line in order to meet hardcover requirements. Further, the attached garage would have to face the street. This combination of limitations leaves little flexibility in design, but may also yield an opportunity for creativity. Hardship Both adjacent properties contain existing homes, hence no additional land is available to make the lot larger. Further, of 73 homes in the neighborhood bounded by Shadywood Road on the east and Blaine Avenue on the west, including Livingston Avenue, Lyric Avenue and Crystal Place. 41 arc on single 50 ’ lots. 23 are on double 100' lots, and 9 are on triple 150' or larger lou. Construction of a new residence on this property would not be out of character with the neighborhood, even though it would be significantly smaller than the zoning district standards. Also, it can be argued that a property containing a residence which meets the lot coverage, setback and hardcover standards should not be considered as "over built". Additionally, allowing the replacement of the existing deteriorated structure with a modest residence will help the City meet its goal of maintaining affordable housing in the City. Zoning File #2253 July 14,1997 Page 3 Staff RccommeDdatioD If Planning Commission determines that this lot should be considered buildable, staff would recommend the following conditions of approval: 1. Granting only the requested lot area and lot width variances. 2. Development of the property shall not exceed the 35% hardcover limit 3. Development of the property shall not exceed the 1,500 s.f. "lot coverage by structures" / allowance. 4. At the time the existing house is removed, the existing shed shall also be removed. ^ \ 5. Existing house to be removed within 90 days of variance approval (to avoid City proceeding y with hazardous building action). 6. Applicant is advised as part of this approval that it is City’s intent to grant no other variances for this property. Options for Action 1. Recommend approval per staffs recommendation. 2. Recommend approval with other conditions. 3. Table for further information (specify). 4. Recommend denial (state reasons). 5. Other. • yJ ' ( • * 7 -o 1 Application # Date RecelTcd .<T-■ <91 Amount Paid ia-aa . «• CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 (SSO.OO per each additional variance) Renewal Variance Fee S120.00 (no change from original application) Variance for non-conforming structures S220.I Afler-the-Fact Fees (Double application fee) \ .. . # •S 5 PROPERTY INFORIVUTION SiteAddress :i I Property Identification Number (P.I.D.)_ Attach legal description to application if not included on required survey. Date Propert^cquire d u/is-n I (do) ^qo_noj^also own the adjacent parcels of land. Present use of property: xT residential o ther (specify). Zoning District: _(month/year) 1-^ LoLV-.'vn ;lx<-^ r>.:/ rh fZic) applicant Name rv... «f Address: s\'-. r-y/.q Phone (home) qoc>-qt5t ______ _____ Phonefwoilc ) i-too • %tLr.e<^ City: o<. Zip: : : : • r OWNER (if different than applicant) Name_____________________ Phone (home). Phone (work)_ Address:.City:.Zip:. Estimated Constniction Cost SDESCRIPTION OF REQUEST Describe request in'detail: V/A-Cu/ir^-, •( > / !^e\^ r-/ * «C<» TO (Lt-'f-’J! ' *r .________ 7-'t / (attach additional sheets if necessary) VARIANCES REQUIRED V Lot Area Lot Width Setback:Front Side Hardcover . ___Lot Coverage _ Rear __ Average Lakeshore Other (specify-) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical diHlculty or unusual property conditions preventing compliance with Zoning Code requirements: £>'■ <-«. -Ic V.t._____ 4 A A aj fATef-Li.* f ih (attach additional sheets if necessary) 7 ____^ 24 W /177 • M3.3 J I *g9 /r. ; i/ I!-. 4: / O 2| Si !l L 50 #-E2^ !2 -- to o C*3 ».v ..J § • 1 1 1 ->j 5C: 1 SOJ ! P‘ ; 5: i 50 -^ ^ j 1:^ loi \ 9 , ! X* "1 ■ Zl r If25) i si 4 '£3 i*j2^ U6)jE 8{32) >1(145: 1 1 s A1(27) ! •2' -4...........[• 1 »• •■>■i * 50 i 5C U2_1 so i 5C*SO ! 50 1 SO so 1 V- 50 35 j 5C-r.n r» —I ju L*i, I'l ..-''‘-j ■5 !3' C' T' 7i !f !') «“■:• 50 ! I i _.( ------------------ ^ _ , - . I7<-.: !5 i i 20 1 2: ^!(3')' =! ««K40'^ p-r'' i i I 70 50 I 50 1/5C ! 5.: ■ 50 I I 5C ! 5C I 5CA 5-0 iC‘ u*: fO 50 J 5(.i :50 l- ^ '.?.y.mr~ , ^ , r l(5i^ ^ •-|('50)v-49^lC-8); n)? ID o r.\*‘ I 50 i 50 i 50 50 '. 50 ! 50 Iv-SOb! 50 ! 50 ; 5: 2 £i -iS^ Si ^ ^ t; tel l-\Z I SO ( .................... ^ I I I ! I i |2i‘ • 5 A 1.5 tel?”' :5v.| :o ! tC^i 2' 122/ r7 24 5r^ '^i5-^i !5‘ 50 . '■■V'' 50 I '0 Nro ! 50 I ' . 50 I 5: ' •-Tm . V R i C A7E I -'J I . • X‘., i'*^,II " '“. 5" -t$ '■■2m 50 i 50 , :■: I 50.-; 50 i 2 ''-•i-'-x"'; !u“) , , * I “ •"!10 5 • ( ;05;i =>0_i 50 J SO J 50 _ 50 J SO J if. % 105;; It; A 5-1 55.* 'id '=c! ' z CJ o 50 •'*' 50 50 i -Q ^il17" ,.,n .x'pK (1C7) . 1 Nu!;'' i I 'Jl ils'^'i =n 6 tr! 3 •.-, 2 '-1 1 '.'IG’ik look 100)1 ■.'y 13 1 14 i vi‘' K u'" '5 j 17 ir? iTA ' If --1 s: ! 50 ! 50 i /4 I i •"* •' |! SO'-.* ,w- vl*“-- 50 13 Oj li I s:50 ?i s:4 i'-'u»n| SOC* 5 j5 I..‘■_.22 >.r.!i3}^ ‘•1b ’’o so so ! ! 50 ^2 5C I s ?! si "50 ! 50-1 X i 24 ' r-o '(Sl'.jcsz) ^:-CC NO 5424?54 r:53*i9*52 ‘E n co; n: Cl lODiTi vj I I 'J I \ i_ 1. I 5^35 50- i 50. r n 7711 i I nUH U4TE 12/20/94 BATPI 004 o| POOO OltCR NMC TAXPAVtR HMC/AOOB sa 17-1I7-2S 4J 0040 01S54 UV2ICST0N AVE COIN LQNB CMUSnAN 0 A NAICY LONB SS54 IXVlHBOrOH AVC NAYZATA M4 5SS91 •iCIfCPlN COUlirY PROPERTY INrORfiATlON QYSTEH PROPERTY UNNCRS LIST SO 17-117-21 41 0041 01520 LIVIHCSTCM AVC Rcncnr iuccnc cdcrt RUOCRT COCRT 5520 LIVINGSTON AVC IUYZATA IM S5591 REPORT NO. PI415401 PACE 14 10 17-117-21 41 0044 0SS25 UVINCSTQN AVC S ItlCH A T SOOCRG SUSAN PUGH A TCRRCICC SQOfRO 1525 LIVlNCSTai AVC NAYZATA Hli 55191 PfjOP AOIR ONER IANE 11XPAYER NAHC/AOOR PROP AODR CRtCR NANE TAXPAYER NAK/AOOR PROP AP9R OHLH MANE fAXTAYER NANE/AOOR 10 17-117-U 41 0045 01511 LIVINOSTIN AVE S 0 SMUR A R A SANDLER STEVEN 0 A RATNRYN A SANDLER ISIS I1VXNGS10N AVE NAYZATA m 55591 10 17-117-21 41 0040 01559 LIVINGSTON AVC 0 LIPEOVRf A L S CARNES oummc LCFCOVRE 1559 LIVIICSTON AVE NAYZATA IN 55191 10 17-117-21 41 0055 01554 LYRIC AVC R 0 OARTELL ARK OARTCLL ROLAND 0/RXNDCRLY R OARTELL 1554 LYRIC AVC NAYZATA HN 55191 10 17-117-21 41 0044 01541 LIVIN6ST0N AVC JOANN N IIOiSOECK JOAIN H NOiSaCCR 1541 LtVlIICSTOM AVE NAYZATA III 55591 10 17-117-21 41 0049 05577 LIVINGSTON AVE ELIZAOETN J BALTER CLIZAOEIN J ItALTER 5577 LIVXIA^STON NAYZATA IN S519I 50 17-117-25 45 0054 05554 LYRIC AVE RICIURO R QXLMORE CHARLES LENXS NEI«C 1514 LYRIC AVE NAYZATA m 55591 10 17-117-21 41 0047 01551 LIVINGSTON AVC BAVIO N REIIOIOLO DAVIO M REXtmOLO 1551 LIVINGSTON AVE NAYZATA HN 55191 IB 17-117-21 41 0050 01505 LIVINGSTON AVC HICIIAEL 6 HOSXNAN KICIUIL 6 IRJSirUN 1505 LIVINGSTONE AVC NAYZATA HN 55191 10 17-117-21 41 0057 01520 LYRIC AVE J A V NCGUY JANES A VICRY NEOIEY 1520 LYRIC AVE N NAYZATA HN 5S19X CO 05 05 % PROP AOOR 0»t€R NAHC TAXPAYER NAI1C/AOOR 10 17-117-21 45 0050 05500 LVRXC AVE RONALD TNOhAS lULL RGNALt THOMAS HILL 1500 LfRlC AVE NAYZATA m 5S191 10 17-117-21 41 0140 01554 LIVINGSTON AVE R E A J N THOMPSON RICHARO i/JCA»tC N THOMPSON 3554 LIVINGSTON AVE NAYZATA m S5191 10 17-117-ZS 41 0150 01572 LIVINGSTON AVC HARR N A RAREN L CUPP HARR N A RAREN L CUPP 1572 LIVINGSTON AVE NAYZATA Ml 55191 SO 17-117-21 41 0151 PROP AOOR 0S5M LYRIC AVE QMCR NAME MICHAEL C A LAURA J SN4N50N TAXPAYER NICHACL E A LAURA J SMANSOM NANi/AOOR 15V4 LYRIC AVC NAYZATA Ml BAS91 TOTAL RATCN 004 00014 CERTIFICATE OF SURVEY FOR DAVO REINHOLD LOT 6. BLOCK 4. NAVARRE HEIGHTS HENNEPIN COUNTY. MINNESOTA LIVINGSTON AVENUE ♦S 69*59* E 50.00 -.. EXSTM6 ‘ HOUSE LJT- CXSTNC •• 49.92 mM« S0.0* S e9*5f44- W IV) \ %« #2253 \_£QfiL CJgSCTPTlQN or » LOT 6. BLOCK 4. NAVAWIC KO<T$ o : dtnoltt iron morhor • : tfonotfs ditlonct et thoon on iho plot of NAVARRE fCCHTS BoortnQs thonn or« botod upor« on ettunod dotum. This intsndt to tho« Iho bo»sidori«s of tho obovo dtscribod proporty. ond tho locotion of on 09lstin9 houM and lAod thoroon. It doot not purport lo shew any othor improvtfnonit or oncroocNnonts. 4HN i [\(TfOh iNaldM4«imrr »j4p«rpwrJK «!*««. I jmjAA *«sr>4r9inli'N4lMBnrr9JMj|jnJStf4n*«M^f Ihr b«.« .4 Ok- ^Utr .4 ---____________________ . _ \t»ri *> I \Um«^0 U.1W \4f«4%»4r**' iun |.j.f7 - M. 1-1 20* •V fd-450 I- /m V a 14 Mf • * it* »•■»»• >v MIC n n* •« 0^1 •«! - I l»H ■ ••• wM. » n> kQ • ••#•—f if/rf/t;/ /I/p I 5 *. t 8 EUC1IKIUES So*rrt>«,£* nm socxiTipvff HilKtrchouM^ T«aliH7 Homes 11/4)smi ■nMiii>n rinMH1iCJib«MtX.wr»^> »• iMfeif li Ml Aif 4 9CV T*«hr« iriBto ft* tW«w tr«i^ L ilMt§llMiMMtlBflMUNft» M InaftvMytt arMtfcft. Hi^tfcft anitoitiaMMii Mifftlt S’jrT ttft-BuifAft on the block nUT-iviiR*nl is gaining popularity willi buiiciiTs and n.‘modelers bw-ausp of its durability appearance and the fact it can be painted. H4 fAMHOOMinilUNB HOMES MnnuMT.smuau it'sai C () V E II S T () in : Uber-cpmcnt siding Cement-based siding is iatest option ■fteMto rnh»wiJi^U>Mr Kn<iwn tn a %nrkHy tf bmnd tuning tlr Ming U Urriiibliii^tiaii'firurd gnmlng niuiilii*r UuiMufvtirtMbia^fbr *1 «MTto(l> »ani» dm lo t# • Kilu I lirti It tiMtirs hi »*kr^ nurriI «i» iJirrv «rrn1 c kx U ihaXi rt Mjud %kit>4 Sirti Mmuj i un»wmm ihm* I>«^* 4n udtrt oft*.a ti • i^tri tbn mtia *«dias. «ad morr vtd nutv KUftsaial iKin fu*b« 4#arr«l Mii(ii*Mii« rniMt MMurn »hJi S^*T tiTfitf) rr» 1 Mtntixt u» »tiLfe «Hb and m irMra pradulv vwl *dr^ Katw tni«a*rd matr than Kprnnda In thr (wai ifim m ta^ars (.anr UoM- ivpanal aalr% f.4 taa4^ H«rd« l a . a»dr* Haidir*<‘*^ fit>#t (emcrit |Mud«Mt ^aid li«» Mutual hair iScmMad Piiata alliibutr* ihr ptudiKt a ulaiit) tn lit du.’abiiity attd ai» ^viiamr and Ihr lari If^l 1 tan U painird tihuh |i»ra haiaroMnm nunulat tutfsi a haodhil of cnti^ia ran Ibn rath haw dntiiprd ihati u«n prodia t InatnuUa One of lha bt(gnt la lha laioaa Kankr lu aitUth laakn anrrai «aJ W4 prialMta in a tanaty «4 tnrum hhkadwt tuaw daai look Ua iniai IW aaiM iOMa m ddmnf uhMta a»<d bi^Jat. and riwai irri ta» ar ln.1 atirawMlra awlk aa sabfa uwi ■ndlawuUtatda Iba aiduaf can be bought p:a mmrd unpnand or aln^ady taainaad liucn lampaniaa autk a* >rhat»t ptwSiHl Ml tha llniMl Main Wt ISM. laUl Ikcnaaa Sa.trvl. lanra HaidM non lot ail Uia c u(4h idattuMBiMaary lllin <nn*M pawlMtatlucil ban ailaaafitetatitbrataldr bttia tnal Inatabm atr mipd to aat« naaka taban «NMkJbg mmt Iba pcod laf h> atohl milikan iba dual ifcala c taaaaal wtwn te Maamaf«cot Idwf iawM iaJ4« pruducts hoaS a M hka IbafbMvd pnaJaan toch ai atdirig.* Muakmaii aahl ■all Ua othat Mdifit pcuducU. la mani baaa<l oialailaU mual ha In- MdM and •cMliaO pctimh oOiai aa;*a iKav mini I pr^iaa bouiaa Aia thaaa pcudi-i r dwrahia ihjfi MnaJ oa aimr Hoi aataMacdy lavtSi n^hltw.huiii bruttim andl pan 1 ttmiMt lainaa ItaiJca t o nam nanufat luin I ■ hilLon u^utr Irri a pal malMig II ih. Urp^ trmanl a«lmg manufatlkurt lit tha tatxil lia biitui U Mm hailaa tVxliaiai rrinriu. tand a «rr> wrtal aniounl of taoud pulp and ochai MudtKta (Mirf manuiatr:;afa Kata lhau oaan fbntaulaa ctunag tfta MaaoMM huithaflaMtbai OurMformMlt Biirtiad aatd that Obrt ratnmi ul iif M imaiaitl lo lain had tnom aafi au aitd damapr bean imaru auth aa lattniiaa and carpantaf anit Soma Inluilu^ lamn llai ha %mi na#iaia«?h drproda on *a a|Tbi.aa» * ha aanl Whdr crmani paudinti ara oiara Uhpamoua to anatyrr baxauaa iha arood ftbri latw la tioaliaf thaa m woiid atitof, laaM acdl can U a paoh- IwaahlIraahaa tciami u nincludnprop iha. piaianiaa tha aiding fta VJ >raia atfalml ruMWu iphtung daiaouca tinciraipint l^ihncand anvOmc III alM> oui ahpfiimd to hum. at ath pniiattirig Ota linuaa Uaathltig urxVfftraih *hr aiding ImtMoprrly in liii If raiMr itallid auliiii liapa inutttutr and cautat ahaaiMng and airucfuial ntmiirra i<i amid acid lut looks wood paukat touui .1) prara in \uatia ka to ail anatopi hi drato^ a pndMt that wMdd ha Muta faaatfani k> ■ Pat HoafoiML toktf citoaaa koua I ai Iha Uonotairy of taa daiagr Md ai tot ahafaiMa to ........................................to» h a*aiiad making aud in«taHing tha dwaMhi> Wl On It M cuopMi lain AUar p rwdaal of Tltohai Land Co a Si loula faik hatad haddal aatd maai huildar» ha«c •tactad MaidtpUnk aaJ «kat MitliuU haaaoaa War icpUata the louk r4mMdtodaigalakj«Mtta«t J STARTR1BUNE*PM»HS Vui. OoMiii ftidlnt doc* coti about 20 pcfccot OKNC than vinyl riding, and It com about SO pctccni more than vtotl to Imtal because H talM more people to hoM the boaid* Ihev are brink and ran cract io tpcdal ttxAt are needed to cut through the ridewalh like material lie said. Vinyl coats about 75 cents a foot he said. vrhUe cement board costs about S! 25 a bot Natural cedar costs about S2alooL Priebe. ol Sebem Brothen Lumber, said that pre primed Hardiplank costs 70 lo ID rents a square fool, vriih Instal latkMi costs raiM from SI to SI JO a square fool have develupcd special S4Mrs drills and jlgitvrs vdih carbkk blades. Nads ate used lo anach the ma terial lu wall studs rather than )ust to the horned sheathing material» usual ly oriented strand board or plywood A uiUiiy knife also can be used to score die boards, and dents and other impctfoctfons can be courted with arty cement patching c ompound AUar started using the prodoci sta years ago aisd has used li on nine houses, including several m tbr Itiddm Lakes bouafog developmcni lo Golden Vabry Many eiamplrs also can be found In the IJIm^ on the Lake housing devd- opmenl In btittwaier. where 90 percent Of the houses have fUief -ceineni siding, said Shelly Tompkins, vice president of Contrarloi Pmpefty Devriopers Co. She said that she eiulorses the prod uct because It s an all natural product that looks better In devefopments that embrace iradlriooal nrtghborhood de- s^ prindpirs. wbicb often favor his- lortc home style* Tompkins said that Hardlplank looks more bke wood mrd rive* kune- owners more color cbot«^ than vinyl or -/Imtabliffm ProdHCtrtvtow ri Fborcomontricfogproductaare mods bom moatb Fomoid commt aanrt ind a M of cefobae bsood) ftor. ^ kvarriryofprodUcuartmodihQm t« morinri rvutm Ming, faacri bowria rimges and aen boards ► Oamantadrigcoatimarefianveiyl M*Hbutriiiii smanaMawnnedar adrig faoompetflMwriistsoo PwmIcow ri MMrifogaacKdoeanlamandai conaaci *0 vs more res»tant to mow> kvv NconbapatnlidoMnslafodprt- paedad Thamanufackeeroritrsalmv ad SO year warranty ri Ofoodeantago: It requVts spacfoi loori to cut and natal WlMtO0HII ► TharearaaemrslnwradacUarsno aonwide. nckJdrigCarimiTaad. Cam prim. jameaKriiSeCa andMaoTit. ► ryoutamaraaiadnaaangtriproO ucl tevarrihauata on v» Parade of Homesfal SfoMtt wara buri arfo fber oemant safog Tbey noUk bouM No 03b. by Undriad Homeg houae No 034, by MoOonrid Homes, and NMaa No 632. by Sam A Vour^driii AlartnStriaalar TheParadreontev uet 9vouri< Sapl 30. wVh hout from noontt>6pm. TNesdayaam^Sen Otfx i m* Mia Mil: Mia REgUKST FOR COUNCIL ACTION ••• * ocroaaioi Dale: Item No.: ^ DeiMrtmcnl Approval: Adrelnlitrator Approval: Name: Michael P. CialTroiV^j^^^ TUk: Planning Dircclor Agenda Section: Zoning Item Description: /^2640/2(hI I Dunbar Development Corp., 2060 Wor/ata Blvd. - Status Update (Final Council Approvals Scheduled for Oct. 22) - Review Senior Housing Final Duilding^Sitc/Landscaping Plans The Dunbar senior housing / office building project approval process is nearly complete, and final Council actions are tentatively scheduled for the October 22 meeting. In order that Council hav e as much time as possible to review the final documents, plans and conditions of approval, this item is placed on Councifs agenda for discussion October 8 to identify any remaining issues or concerns, fhis will allow .staff 2 weeks to address any outstanding items so that final approvals can be cfllcicnlly handled on October 22. List ofEshibils A - Draft Development Agreement B • Draft PUD 2A (Oflice) I>cvelopers Agreement C - Draft PUD 2B (Senior Housing) Developers Agreement D - Draft Preliminary Plat Approval Resolution E • Draft Final Plat Approval and General Development Plan Approval Resolution F - Draft Rezoning and PUD No. 2 Ordinance G - Miller Johnson Stcichcn Kinnard - Housing revenue Bonds Summary of Terms H - Senior Housing Building Floor Plans and Elcv^ations I - Site Plan. Grading & l:rosion Control Plan. Utility Plan J - Senior Housing Landscape Plan Project Staging Planned. Dunbar has had difficulty finding tenants for the oftlcc building. As a result, he is splitting the project into 2 phases: Phase 1. the senior housing building, will be commenced late this fall. Phase 2. the oflice building, will not commence until at least sometime in 2002. Most site work for the oftice will be delayed as well. Dunbar is also looking at other potential options fur the oflice site. HUD Financing No Longer Proposed. Although Dunbar originally planned to use I lUD financing for this project, he concluded that the anticipated delay's in completing the HUD process would adversely affect the project schedule. Instead, he has obtained private financing through Miller Johnson Steichen Kinnard. Inc. for underwriting the S8 million Senior Housing Re\*cnue Bonds. Their summary of tciins is attached as Exhibit G. *^2640/264 1 Dunbar Dev. Corp. October 4, 2001 Page: Ground Lease. Al ihc time HUD was still the funding source, Dunbar's consultants advised that City ovsnership of the senior housing land was not feasible based on HUD regulations and policies. Once HUD was no longer in the picture, the City's bond consultants pursued the ground lease option with the new underwriters and were successful in bringing the ground lease back. As currently proposed, the developer will sell Lot 2 to the Cit>' for $ I, and the City will lease the land back to the developer for 90 \ears at $1 per year. The lease language will include conditions ensuring the site w ill be used for senior housing for the term of the lease. Deferral of Park and SAW Connection Fees. A question raised by the developer, especial ly now that the City will have ownership of the land, is whether the City will ‘sunset' the deferred sewer & water fees (i$40,000) and deferred Park fees i±S 1 60,000) at the end of the lease, rather than making them due and payable w ith 99 years of interest at 7®/o per year. Mr. Dunbar has indicated it has been his understanding throughout the process that the fees would be deferred for as long as the use of the property remained senior housing. Since the development agreement now includes a 99-> ear ground lease that requires the iLse to remain senior housing, he believes the fees should not have to be repaid. If the City now requires the fees to be repaid over a shorter time frame, and with interest, this is a substantial change to the initial agreement, and adversely alTccts his financing package, os well as the project's cash flow' and rental rates. If the fees do not ‘sunset*, the deferred amount due with interest at the end of 99 years would be $162 million. Options the Council may want to consider include a long-term deferral without interest; a shorter term deferral without interest, say 10-15 years, at which time the fees become immediate!) due: and a short term deferral followed by a 5-10 year payment plan. If the fees were forgiven, the City could repay itself with a portion of the final 5 years of tlie ta.x increment revenue generated by the development. Senior Housing Building Plans Finalized. The senior housing floor pfans and elevation views have been included in your packet for your final review and approval. Building materials include a rockface CMU along the exposed foundation, brick exterior for the lower levels of the front facade (2 levels of 3-stor> segment, I level of 2-story segment), and lap siding for the front upper story as well os for the side and rear facades (see plans. Exhibits H-t-J), Also included are the landscaping plan as w ell as grading, road, drainage and utility plans. A signage plan including the design of the entrance monuments has been submitted. An exterior lighting plan has yet to be submitted. Wally Case of DSU will be reviewing the landscape plan to confirm its conformity with the land^aping standards of the RPUD District The Fire Marshal and the Long Lake Fim Chief have also reviewed the final plans and no site plan or building lay out changes ore anticipated as a result of their review. No detailed plans have been submitted for the ofllcc building. If the office eventually is built per the originally approved concept plan, a simple plan review/approval by Council would be necessarv' before a building permit could be issued. If something other than the office is ultimately proposed, this would require on amendment to the PUD, a more extensive review process. W2M0/264I Dunbar Dev. Corp. October 4. 2001 Page 3 Watershed District Approval Pendiog. TI e applicant has submitted stormwater management plans to the Minnehaha Creek Watershed District for approval. As of this writing it is anticipated the MCWD will act on the application on October 25. This is after the anticipated City final approval date of October 22. which obviously presents a timing problem unless Council wants to grant a conditional approval. The only risk in granting conditional approx al is that the MCWD could potentially require stormwater plan changes that afTcct the site la>out. in which ease the Council w ould have to review and approve the changes. This appears to be a minimal risk, although we are still waiting for confimtation that the existing pond will handle this development proposal. Comprcheiisive Plan Approval Set for October 24. Met Council stafl'ore nearing completion of their review of Oronu's 2000-2020 CMP (including the Senior I lousing amendment) and intend to place the Plan on the Met Council's October 24 Consent Agenda for approval. Again, this is after the October 22 anticipated City approvals; however, we should have a copy of the Met Council final staff report by October 22. which should indicate w hether there are any last minute problems. Mn/DOT Plat Review Raises Minor Issues. In a letter rcccixed September 28. Mn DOT has raised a few issues regarding access location and design, drainage, noise impacts on residential uses from WasTtata Boulevard, and the need for temporary easements for reconstruction of the Brown/1 2 intersection. Staff and the developer arc working with Mn/DOT to resolve these minor issues. City Responsible for Certain Off-site Improvements. As part of the TIP financing, the City has agreed to be responsible for certain off-site improvements related to this project. These include: - Street lighting along Wa\/ata Boulevard matching Long Lake's existing lights • Burial of power lines along Wayzata Boulevard • Sidewalks adjacent to Way/aia Boulevard - Tum-lanc improvements as may be required by Ma'DOT - Installation of semaphore at intersection of Brown Road North and Wayzata BK d. • Minor upgrade to sewer lift station lltcse City expenditures are expected to occur mostly In 2002 and are expected to be paid back from TIP proceeds. IKJCUMENTS Pollowing is a brief review of each of the (attached) draft documents Council will be presented with for action on October 22: Rctoludon; Pitliminarv Plat Approval (Exhibit DY It has been the Council's intent to not grant any final approvals until the end of the review process, and since preliminary plat approval is functionally a cemmitment to plat acceptance, we have yet to grant preliminary plat approval. Council will be asked to adopt this resolution prior to the Pinal Plat approval resolution. Resolution; Approval of General Devti oproent Plan A Final Plat (Exhibit E\. This Resolution documents the process and agreements that have resulted General Development Plan approval and Pinal Plat approval, and grants those approvals subject to the referenced agreements. Vi #2640/2641 Dunbar Dev. Corp. October 4,2001 Page 4 PUD 2A A^rcf men! (Office) (Exhibit B). This Agreement documents the conditions of approval for development of the Ofllcc site (Phase 2). It establishes approval conditions for the specific site plans, approved uses, nature of the building and site improvements including access, parking, utilities, etc. It requires that the developer or his contractor provide financial security (Letter of Credit) prior to issuance of building permits for construction of site improvements or building construction. Because development of the Office site will be delayed, it requires that Council must approve the final building plans before permits can be issued. It also defines what development aspects are the responsibility of the City and which arc the responsibility of the Developer. PUP 2B Affcerocnt (Senior llousinf> (Exhibit lliis Agreement documents the conditions of approval for development of the Senior Housing site (Phase 1). It establishes approval conditions for the specific site plans, building plans, landscaping, grading, access, lighting & signage, etc. It also documents the use of TIF funding and the City’s intent and conditions regarding the duration of the Senior I lousing use. The agreement establishes City or Developer responsibility for various aspects of the development, and requires a Letter of Credit prior to issuance of building permits. Pcvciopincnt Agreement Rciatiny To Orono Woods Apartments {Exhibit Ah 'I his is the primary* agreement between the City, the HRA and Orono Senior I lousing LLC that establishes and documents the various financing arrangements including TIF financing, I lousing Bonds, etc. This document was prepared by the City’s financial consultants, Stese Rosholt of Faegre & Bensim LLP and includes the various representations and covenants; details the City obligations for housing bonds and subordinated housing note, deferment of fees, acquisition of the property, and construction of public improvements; establishes limitations on encumbrance, prohibitions against assignment and transfer; establishes conditions of the TIF Note and remedies in the event of default. Attached to this document is the ground lease betwircn the WRA and Orono Senior Housing LLC with appropriate terms and conditions. Additional miscellaneous documents relating to the TIF financing, certificate of completion and partial release format, income certification form, etc. Ordinance; Rc/ontng. PUD Documentation (Add 10.53 Subd, 91 (Exhibit Fi, I his Ordinance accomplishes the re/oning of Lot I fromB-l toB>6,and Lot2fromB-l to RPUD, with a concurrent additional section added to the Zoning Code formally establishing the zoning for " Planned Unit Development No. 2 - Dunbar PUD”, fhe allowable uses within Lots I and 2 are individually established by ordinance, w ith development standards as documented in the General Development Plan Approval resolution. COUNCIL ACTION RKQULSTLD Staff requests that Council review the site plan, landscaping, signage and building plans for the Senior Housing site (Phase I) attached as Exhibits H-l-J, and advise staff .ind/or the developer of any issues that need to be addressed before the October 22nd meeting. I #2640/2641 Dunbar Dev. Coip. October 4.2001 Pages 2. Council is asked to review the various attached approval documents and advise stafTofony specific issues, apparent discrepancies or unclear language that should be addressed prior to the October 22 meeting. 3. Council is asked to specifically address the issue of deferred fees. 4. Council should determine whether final approvals will be granted on October 22 if neither Comp Plan approval nor Watershed District approval are flnalized by that date. '^7 » f Draft: 9/24/01 DEVELOPMENT AGREEMENT Relating to ORONO WOODS APARTMENTS (Including Tax Increment Financing District No. I-I) Between CITY OF ORONO OivONO HOUSING AND REDEVELOPMENT AUTHORITY and ORONO SENIOR HOUSING. LLC This Instrument Drafted by: Faegre & Benson LLP 2200 Wells Forgo Center 90 South Seventh Street Minneapolis. Minnesota 55402-3901 Telephone: (612)336-3000 1 DEVELOPMENT AGREEMENT TI IIS AGREEMENT, made and cnlercd inio as of this__day of October, 2001, by and among the CITY OF ORONO. a Minnesota municipal corporation having its principal ofTice at 2750 Kelley Parkway, Orono, Minnesota (the "City-), the ORONO HOUSING AND REDEVELOPMENT AtmiORm', a body corporate and politic having its principal office at 2750 Kelley Parkway, Orono, Minnesota (the "HRA") and ORONO SENIOR HOUSING, LLC, a Minnesota limited liability company (the -Developer-). WITNESSETH: WHEREAS, the Developer, the City and the HRA conicmplate that the Developer and Dunbar will develop the property described in Exhibit A hereto (the -Development Property-) as a 62-unit apartment building for seniors (the -Project-); and WHEREAS, the Developer w ill cause the Development Property to be acquired and conveyed to the HRA under the terms and conditions of Section 3.3 hereof; and WHEREAS, the HRA will lease the Development Property to the Developer for use as senior housing pursuant to the Ground Leiise attached hereto as E.xhibit B (the "Ground Lease"); and WHEREAS, the HRA will issue its Tax Incamient Revenue Note in the form of E.xhibit C hereto (the "TIP Note") in payment of a portion of the costs of acquiring the Development Property; and WHEREAS, the balance of the costs of the Project w ill be financed by the issuance by the City of its Multifamily Senior Housing Revenue Bonds (Orono Woods Project). Series 2001A (the "Housing Bonds") and its Subordinate Multifamily Senior Housing Revenue Note (Orono Woods Project). Series 2001B (the "Subordinate Housing Note") to be issued as described in Section 3.1 hereof; and WHEREAS, the HRA has created and established Tax Increment Financing District No. 1-1 as a housing tax increment financing district (the "TIF District") and a coterminus Housing Project Area No. I pursuant to a development program and a tax increment financing plan (the "TIF Plan") adopted pursuant to Minnesota Statutes, Sections 469.001 through 469 047 and Sections 469.174 through 469.179 (collectively, the "Acts"); and W HEREAS, the Project :ind the TIF Note are contemplated and authorized by the TIF Plan; and f' WHEREAS, the I'rojcct, the I lousing Bonds and Subordinated Housing Note arc contemplated and authorized by a Senior Housing Program (the "Housing Program") adopted by the City Council pursuant to Minnesota Statutes. Chapter 462C; and WHEREAS, the Project is to be developed as a planned unit development pursuant to the terms of a_________Agreement dated as of October , 2001 between the City and the Developer (the "PUD Agreement"). WHEREAS, the proposed Project qualifies as a "housing development project" within the meaning of Minnesota Statutes, Sections 469.002. Subd. 15 and 469.017. and will promote and carry out the objectives of the Housing Program and the TIP Plan, will be in the vital best interests of the City and will promote the health, safety, morals and welfare of its residents, and ore in accord with the public purposes and provisions of the applicable state and local laws. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the HRA, the City and the Developer, the parties hereby represent, covenant and agree as follows: (The balance of this page intentionally lel\ blank.] ARI ICLi: 1. l)i:MNI HONS. l:XniBITS. RIJLKS OF INI RRPREIATION Scclion I.I Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise: (a) Acts. Minnesota Statutes, Sections 469.001 through 469.047 and 469.174 through 469.179. hereto. (b) Certificate of Completion. The certificate of completion set forth in Exhibit D (c) City . The City of Orono, Hennepin County, Minnesota. (d) Completion Year. The earlier of (1) the year 2002 and (2) the year (if any) in which the Certificate of Completion for the Improvements is issued. (e) Developer. Orono Senior Housing, LLC, a Minnesota limited liability company, its successors and assigns. (0 Development. 'Hie Development Property and the Improvements to be constructed thereon by the Developer in accordance with the terms of this Agreement, as they may at any time exist. (g) Development Property. The real property which is the site of the lmpro\ements, as legally described in Exhibit A hereto. (h) Event of Default. An Event of Default, as defined in Section 7,1. (i) Financing Documents. The following documents to be executed and delivered in connection with the issuance and sale of the Housing Bonds and the Subordinate Housing Note: _______________________________________. (j) Ground Lease. The Ground I.ease attached as Exhibit B hereto, as the same may be amended from time to time. (k) Housing Bonds. The Multifamily Senior Housing Revenue Bon is (Orono Woods Project), Scries 2001 A and the Taxable Multi family Senior Housing Revenue Bonds, Scries 200 IB to be issued pursuant to Section 3.1 hereof and the Financing Documents. (l) Housing Plan. The development program for the I IRA’s I lousing Project Area No. 1, which contains the TIF District. (m) HRA. The Orono I lousing and Redevelopment Authority, and any successor to its functions. (n) Improvements. Ihc 62-unit apartment building and appurtenant facilities described in the PUD Agreement. (o) Mortgage and Holder, fhe term “Mortgage** shall include the mortgages referenced in Article V of this Agreement and any other instrument creating an enc umbrance or lien upon the Development or any part thereof as security for a loan. The term “Holder** in reference to a Mortgage includes any insurer or guarantor (other than the Developer) of any obligation or condition secured by such Mortgage or deed of trust. (p) Permitted Encumbrances. Ihc encumbrances on the Development Property which are pennitted to c.xist and the time the Development Property is conveyed to the I IRA, which encumbrances shall consist only of________________________and such other encumbrances as the City and HRA may approve in writing. (q) Project. The IX’velopmenl Property and the Improvements to be constructed thereon pursuant to this Agreement (r) Project Costs. Project Costs means: (a) Costs incurred directly or indirectly for or in connection with the acquisition, construction, installation or equipping of the Project, including other costs incurred in respect of the Project for preliminaiy planning and studies; architectural, legal, engineering, account consulting, development super\ isoiy and other services; land, labor, sen ices and materials and recording of documents and title work. (b) Premiums attributable to any surety bonds and insurance required to be taken out and maintained during the construction period with respect to the Development Property and the Improvements. (c) Taxes, assessments and other governmental charges in respect of the Project that may become due and payable during the construction period. (d) Costs incurred directly or indirectly in seeking to enforce any remedy against any contractor or subcontractor in respect of any actual or claimed default under any contract relating to the Improvements. (e) Financial, legal, accounting, printing and engraving fees, charges and expenses and all other such fees, charges and expenses incurred in connection with the authorization, sale, issuance and delivery of the Housing Bonds and Subordinate Housing Note including, without limitation, the fees and expenses of the City and 1 HRA and the fees and expenses of the irusiee, ihe pa>4ng agent, the registrar and the authenticating agent properly incurred under the Financing Documents that may become due and payable during the construction period. (0 Any other costs, expenses, fees and charges properly chargeable to the cost of acquisition, construction, installation and equipping of the Project. PUD Agreement. The Agreement dated 2001 between the Developer and the City relating to development of the Development Property and an adjacent parcel as a planned unit development. (t) Subordinate Housing Note . The Subordinate Multifamily' Senior Housing Note (Orono Woods Project), Scries 2001C to be issued pursuant to Section 3.1 hereof and the Financing £>ocuments. (u) Tax Increment Financing District fTIF Districtl. Ta.x Increment Financing District No. 1-1 consisting of the Development Parcel, created by the I IRA pursuant to the TIF Act and described in the TIF Plan adopted therefor. (v) Tax Increment Financing Plan (TIF PlanV The plan for development of the TIF District adopted by the HRA pursuant to the TIF Act. (w) Tax Increment Note or TIF Note . The Note to be issued by the HRA pursuant to Section 6.1 hereof and w hich is substantially in the form of IZxhibit C hereto. (x) Term. The period beginning on the date of this Agreement and ending on the Februao ’ 1* 2022; provided, however, that the Term shall not extend beyond the termination dale of the TIF District under the TIF Act or the date, if any, of cancellation or recission of this Agreement under Section 7.2(a) hereof. (y) TIF Act. Minnesota Statutes, Sections 469.174 through 469.179. (z) llnavoidable Delays. Delays which arc the direct result of strikes, fire, w ar, material shortage, causes beyond the party’s control or other casualty, or acts of any federal, state or local government unit, except those acts anticipated or contemplated under this Agreement. Section 1.2 Exhibits. The following Exhibits arc attached to and by reference made a part of this Agreement: A. B. C. D. E. F. Development Property Ground Lease Tax Increment Note Certificate of Completion Form of Income Certification Investor Letter Section 1.3 Rules of Interpretation. (a) This Agrcemcm shall be inlcrprcicd in accordance with and governed by ihc laws of the state of Minn^ta* (b) The words ’'herein" and "hcrcor and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular article, section or subdivision hereof arc to the article, section or subdivision of this Agreement os originally executed. (d) Any titles of the several parts, articles and sections of this Agreement arc inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. [The balance of this page intentionally left blank.I j ARTICLE II. REPRESENTATIONS AND COVENANTS Section 2.1 the LX*vclopcr. I he Developer makes the following representations and covenants: (a) l*he Developer has the legal authority and power to enter into this Agreement. (b) 1 he Developer a*asonably expects to obtain financial resources which, when combined with the assistance hereunder, will be sufilcient to enable the completion of the Improvements. (c) Tlie Developer will, subject to the provisions of Article IV' hereof, construct, operate and maintain the Improvements in accordatice with the terms of this Agreement, the PUD Agreement, the Housing Plan, the TIP Plan and all local, state and federal laws and regu.ations, and will construct or pa\ the costs of construction of any site improvements, utilities, parking facilities, or landscaping improvements which arc necessar>' in connection with the construction and operation of the Improvements. (d) At such time or limes as may be required by law, the Developer will have complied with all local, stale and federal environmental laws and regulations, will have obtained any and all necessary env ironmenial reviews, licenses or clearances under, and will he in compliance w ith the requirements of the National Environmental Policy Act of 1969, the Minnesota En\ironmental Policy .Act, and the Critical Area Act of 1973. (e) The Developer w ill obtain, in a timely manner, all required permits, licenses ajid approvals, and w ill meet, in a timely manner, all requirements of all local, slate and federal laws and regulations which must be obtained or met before the Improvements may be constructed. (0 Tlie Developer acknow ledges that the TIP District is a "housing district," as defined in Section 469.174, Subdixision 11, of the TIP Act and, as such, is subject to the limitations provided in Minnesota Slaliiles. Section 469.174, Subdivision 11 and Sect.on 469.1761, Subdivision 3 (together, the “Restrictions"). I he Developer covenants that it w ill w iih respect to the Improvements obserxe and comply, and that it will cause and require anv of its penniiied successors and assigns to obsen c and comply, w ith such Restrictions. In particular, and without limitation, the Developer covenants that at no lime prioi to the expiration of the Term shall the fair market value (determined using cost of construction, capitalized income, or other appropriate method of estimating market value) of any portion of the Improvements w hich are, w ithin the meaning of Section 469.174, Subdivision 11, constructed for commercial uses or for uses other than low and moderate inco.me housing constitute more than 20% of the total fair market value of the Improvements. The Developer rcprescnls and covenants that throughout the Term the TIF District shall continue to qualify as "housing district" under the TIF Act; specifically, that not less than 20% of the nmtal housing units of the Improvements shall be rented to persons/families that at occupancy have annual income less than 50% of urea median gross income. The Developer further represents and covenants that throughout the Term the housing units shall be rented only to persons 62 years of age or older. At least annually, the Developer agrees to provide evidence reasonably satisfactoiy to the HRA of compliance with the applicable income and age limitations, including without limitation the total number of rental units during any reporting period and income and age verifications substantially in the form of the attached E.xhibit E respecting units rented to tenants meeting those limits. (g) It is intended and agreed that the covenants provided in this Section 2.1 shall remain in effect throughout the Term and shall be covenants running with the land. Except as expressly set forth in Section 5.5 hereof, the obligations under such provisions shall not be subordinated to the rights of any party having an interest in the Development Property. Section 2.2 Bv the Citv . The City makes the following representations as the basis for the undertaking on its part herein contained: (a) ITte City is authorized by law to enter into this Agreement and to carr>’ out its obligations hereunder. (b) The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applications of the Developer and will cooperate with the cfTorts of Developer to secure the granting of any permit, license, or other approval required to construct and operate the Improvements: provided, however, that nothing contained in this subparagraph 2.2(b) shall be construed to limit in any way the reasonable and legitimate exercise of the City’s discretion in considering any submittal or application. (c) The Development Property is zoned for purposes which include the Development as proposed. The City has issued all nccessar>' planned unit development, conditional use pennits and plat approval for the Development Property. Section 2.3 Dvthe HRA. Ilic HRA makes the following representations as the basis of the undertakings on its part: (a) The I IRz\ is authorized by law' to enter into this Agreement and to corr>' out its obligations hereunder: (b) The I IRA shall cooperate w ith the City and the Developer w ith regard to the issuance of any additional permits required by the Developer to construct the Improvements. (c) ITie HRA will issue Ute TIF Note in consideration of Dunbar ’s conveyance of the Development Property in accordance with Section 3.03. ARTICLE III. CITY OBLIGA1 IONS FOR HOUSING BOND.S AND SUnORDINATI-n HOUSING NOTE: DEFERMENT OF FEES: ACQUISITION OF DEVELOPMENT PROPERTY: CONSTRUCTION OF PUBLIC IMPROVEf Section 3.1 Housing Bonds and Subordinated Housing Note. The City agrees to issue the Housing Bonds and Subordinated Housing Note pursuant to the Housing Act in an aggregate amount, not to exceed $8,070,000, which is estimated by the Developer to be sufTicient to pay the estimated Project Costs: provided, however, that the aggregate principal amount of the Housing Bonds shall not exceed $7,800,000 and the principal amount of the Subordinated Housing Note shall not exceed S250.000. The obligation of the City to issue the Housing Bonds and Subordinated Housing Note is subject to the following conditions: (a) The Financing Documents, in form and substance satisfactorx' to the City and the City Attorney, have been duly executed and delivered by the Developer and the other parlies thereto. (b) ITie Developer shall have executed and delivered the Ground Lease and the PUD Agreement. (c) Faegrc & Benson LI.P, as bond counsel, shall have delivered its opinion that the Housing Bonds md Subordinated Housing Note were validly issued and that the interest thereon is exempt from federal income taxation. (d) llie City shall have received opinions of counsel to the Developer and the other parties to the Financing Documents, in form and substance satisfactory to it, to the effect that the Ground Lease and Financing Dixumenis arc valid and binding obligations of such parties, enforceable in accordance w iih their terms. (e) The Developer shall have entered into a contract for constniction of the Improvements w ith__________, in form and substance satisfactory to the City, and providing for a guaranteed maximum price of not more than $_________________. (0 All conditions precedent to the e.xecution and deliverx' of the Financing Documents shall have been satisfied without regard to any waivers which the City has not approved. 1 Neither the City nor the lIRA shall be responsible for the failure of the Developer, Dunbar or any other person to satisfy the foregoing conditions and the City and HRA moke no representations or warranties that such conditions can or will be met. The City and HRA have no • bligation to issue any additional obligations to refund the Housing Bonds or SuboroLnated Housing Note or to provide any additional funds for completion of the Development or otherw'ise. Section 3.2. Park Dedication and Utility Connection Charges. The City agrees that park dedication fees in the amount of S_______and utility connection fees in the amount of S_______. otherwise payable with respect to the Development are deferred and shall be payable only in the event that the Developer permits the Development to be occupied by tenants who are not 62 years of age or ol^r. In that event such fees shall be immediately due and payable together with interest on the deferred amounts computed at the rate of 7.00% per annum from the date hereof. Section 3.3. Conveyance of Development Property: Execution of CffV*^lfhJ liTfiff On or prior to_______. 2001 the Developer shall convey fee simple title to the Development Property to the HRA by warranty deed, subject only to Permitted Encumbrances. In consideration of such conveyance the HRA shall e.xccute and deliver the TIF Note to Developer. Upon c.\ecution and delivery of the Financing Documents, the HRA shall c.\ecute and deliver the Ground Lease. (The balance of this page intentionally left blank.) ARnCLE IV. CONSTRUCTION OF LMI’ROVFMFNTS Section 4.1 Construction oF Improvements. The IX'vcIoper agrees to construct ihc Improvements and complete the Project in accordance with the PUD Agreement on or prior to______________. 2002. This covenant to construct the Improvements shall run with the land. When the Project is completed, as evidenced b>* a Certificate of Completion, the Development Property shall be released from the requirements of this Article IV and shall no longer be encumbered by the obligations imposed under this Article IV. Section 4.2 Building Plans . When the Developer completes the design for the Improvements, it may submit the plans and specifications to the City as part of its application for a building permit. If the proposed Improvements for that phase are substantially consistent with the definition of the Improvements set forth herein and the Developer has complied with all other applicable requirements for the issuance of a building permit, the permit shall be issued in accordance with standard City practices. The City shall not be required to provide a building permit or othenvisc permit construction of any improvements on the Development Property if. in its reasonable judgment, such improvements would interfere with the ability of the Developer to complete the Improvements described herein within applicable land-u.se regulations. Any change in the approved plans for a phase which substantially alters the construction of the Improvements shall be subject to approval by the City. Section 4.3 Completion of Construction. All construction shall be in conformity with the plans. Periodically during construction, but at intervals of not less than 30 days, the Developer shall make reports in such detail as may reasonably be requested by the ('ity concerning the actual progress of construction. Section 4.4 Certificate of Completion. Promptly aller notification by the Developer of completion of the Improvements, the City shall inspect the construction to determine whether it has K*en completed in accordance with the tenns of this Agreement. In the event that the City detennines that the construction has been completed in accordance with the plans and applicable regulations, the City shall furnish the Developer with a Certificate of Completion in the form provided in Exhibit D. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in Article IV of this Agreement with respect to the obligation of the Developer to construct the Improvements. The Certification of Completion provided for in this Section 4.4 shall be in recordable form. If the City shall refuse or fail to provide certification in accordance with the provisions of this Section 4.4, the City shall within 15 days of such notification provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Improvements in accordance with the applicable plans and applicable regulations, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. The City shall issue the Completion Certificate the Improvements conform to the applicable plans and applicable regulations. |Thc balance of this page intentionally lefl blank.] ARTICLE V. LIMH A HON UPON i:ncumbr /\nce ; PRommiioNs AGAINST ASSIGNMENT AND TRANS! liR; SUBORDINATION Section 5.1 Limitation I tpon F:ncumbrancc of Development. Prior to the issuance of the CertiUcate of Completion, neither the Developer nor any successor in interest to the Development Properly or any part thereof shall engage in any financing or any other transaction creating any Mortgage or other encumbrance or lien upon the Development Property, whether by express agreement or operation of law. or suffer any encumbrance or lien to be made on or attached to the parcel of the Development Property other than this Agreement, the PUD .Agreement and the I-inancing Documents. Section 5.2 Representation as to Development. I he Developer represents and agrees that its undertakings pursuant to the Aga*ement are for the purpose of implementation of the Development and not for speculation in landholding. Ilie Developer further recognizes that, in view' of the importance of the Development to the general welfare of the City and the substantial financing and other public aids that have been made available by the I IRA and the City for the purpi^sc of making the Development possible, the qualifications and identity of the Developer are of particular concern to the IIR.A and the City. I he Developer fuither recognizes that it is because of such qualifications and identity that the HRA and City are entering into this Agreement, and, in so doing, are liirther w illing to rely on the representations and undertakings of the Developer for the faithful perfonnance of all undertakings and covenants agreed by Developer to be performed. Section 5.3 Prohibition Against t ransfer of Property and Assignment of Agreement For the reasons set out in Section 5.2 of this Agreement, the Developer represents atid agrees that, prior to the issuance of the Certificate of Completion as certified by the City: (a) Except for leases and other tenancies in the rental units of the Improvements, any other purpo.se authorized by this Agreement, the Developer, except as so authorized, has not made or created, and w ill not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mixle or form of or with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approv al of the City; and (b) 1 he City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval under this Section 5.3 that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary^ and adequate to fulfill the obligations undertaken in this Agreement by the Developer or, in the event the transfer is of or relates to part of the Development, such obligations to the e.xtent that they relate to such part, (ii) Any proposed transferee, by instniment in uriting satisfactory’ to the City and in form recordable among the land records, shall for itself and its successors and assigns, and specifically for the benefit of the HRA and the City, have expressly assumed all (or the applicable portion) of the obligations of the Developer under this Agreement and agreed to be subject to such obligations, restrictions and conditions or, in the event the transfer is, of, or relates to part of the Development, such obligations, conditions, and restrictions to the extent that they relate to such port; provided, that the fact that any transferee of. or any other successor in interest whatsoever to. the Development or any part thereof, shall, for whatever reason, not have assumed such obligations or agreed to do so. shall not. unless and only to the extent othenvise specifically provided in this Agreement or agreed to in w riting by the City, relieve or except such transferee or successor from such obligations, conditions, or restrictions, or deprive or limit the I IRA and the City of or with respect to any rights or remedies or controls with respect to the Development or the construction of the Improvements; it being the intent of this Section 5.3, together with other provisions of this Agreement, that to the fullest extent permitted by law and equity and excepting only in the manner and to the e.xtent specifically provided otherwise in the Agreement no transfer of. or change w ith respect to. ownership in the Development or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the I IRA or the City, of any rights or remedies or controls provided in or resulting from this Agreement with respect to the Developmv .t and the construction of the Improvements that the lIRA and the City would have had, had there been no such transfer or ch.inge. (iii) There shall be submitted to the City for review all instruments and other legal documents involved itt effecting transfers descrit^d herein, and if approved by the City, their approval shall be indicated to the Developer in writing. In the absence of specific written agreement bv the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the IX'veloper from any of its obligations w ith respect thereto. Section 5.4 Approvals. Any approval required to be given by the City under this Article V' may be denied only in the event that the City reasonably determine that the ability of the Developer to perform its obligations under this Agreement will be ntaterially impaired by the action for which approval is sought. Section 5.5 Subordination and Modification for the Itenetlt of Morteayccs. (a) In order to facilitate the obtaining of temporary or permanent financing for the construction or purchase of the Development, or individual phases thereof, by the Developer, the City agrees to subordinate its rights under this Agreement to the Holder of any Mortgage entered into for the purpose of obtaining such financing, but only provided that the Mortgage or subordination agreement provides that if the Holder of the Mortgage shall foreclose on the Development t’roperty or the Improvements thereon, or on the Developer’s interest in the Ground Lease, or any portion thereof, or accept a deed to such property in lieu of foreclosure, it shall consent to be bound by the provisions of Section 2.1 (0. (b) In order to facilitate the obtaining of financing for the acquisition and construction of the Development, the City agrees that it shall agree to any reasonable modification of this Article V or waiver of its rights hereunder to accommodate the interests of the Holder of the Mortgage, provided, however, that the City determines, in its reasonable judgment, that any such modincation(s) will adequately protect the legitimate interests and security of the MRA and the City with respect to the Development. (The balance of this page intentionally leA blank.] ARTICLE VI. TAX INCREMENT NOTE Section 6.1 iMiuince of Tax I ole. The Developer represents that it has incurred and will incur significant costs in acquiring the Development Property wliich are estimated to be at least S______. In consideration of this Agreement, the HRA agrees to reimburse up to $______of these costs, together with interest accruing thereon at 7.00% per annum, as provided in and subject to the provisions of the TIF Note substantially in the form of Exhibit C hereto. The lIRA shall issue the TIF Note and deliver the same to the Developer or the Developer’s designee, as registered owner of the TIF Note, contemporaneously with the execution and delivery of a warranty deed conveying the Development Property to the HRA. The I>cveloper covenants and agrees not to sell, transfer or convey the TIF Note without the express written consent of the HRA, which consent shall not be unreasonably withheld if the transferee executes and delivers to the HRA and the City an investment letter substantially in the form of Exhibit F hereto: provided, however, that the Developer may, without such consent, pledge or grant a security interest in the TIF Note to a lender as security for a loan. The Developer acknow ledges that neither the City nor the HRA make any represenuitions as to the ad^uacy of tax increments available to pay the TIF Note. The TIF Note shall be payable solely from tax increment from the TIF District received by the HRA to the e.\tent provided in Section 6.2 hereof and neither the City nor the HRA shall be liable on the TIF Note, nor shall the TIF Note be payable out of any funds or properties of the City or HRA e.xcept for said tax increment Section 6.2 Tax Increment Available for I iF Note. The Note shall be paid solely from tax increment from the TIF District os set forth in the TIF Note. Only the amounts specifically required to be paid thereon shall be due and payable, regardless of whether the TIF Note has been paid in full. Section 7.4 No Additional Waiver Implied bv One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. [The balance of this page intentionally left blank.] IL__ (d) As to Dunbar: or at such other address with respect to any party as that party may. from time to time, designate in writing and forward to the others os provided in this Section 8.3. Section 8.4 Counterparts . This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. [The balance of this page intentionally left blank.] ■ • I IN WITNESS WHEREOF, the HRA and the City have caused this Agreement to be duly executed in their names and bchairand the Developer has caused this Agreement to be duly executed as of the day and year first above written. CITY OF ORONO, MINNESOTA By_______________________ Mayor City Clerk ORONO HOUSING AND REDEVELOPMENT AUTHORITY. 1 STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this__day of October, 2001, by___________________and _______________. the Mayor and City Clerk of the City of Orono, Minnesota, a municipal corporation under the laws of the Stale of Minnesota, on behalf of the city. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this__day of October, 2001, by.and _, the Executive Director and Chair nf the Orono Housing and Redevelopment Authority, a public body corporate and politK, on behalf of the HRA. Notarv Public STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this___day of. 2001, by.,lhe of Orono Senior Housing. I.LC, a Minnesota limited liability company, on behalf of the company. Notary Public Ml T16:U0I EXHraiTA LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY the recorded plat thereof, Hennepin County. Minnesota. according to EXHIBIT B GROUND LEASE between ORONO HOUSING AND REDE VELOMENT AUTHORITY, M Landlord and TABLE OF CONTENTS ARTICLE I DEFINITIONS..........................................................................................I 1.1 Definitions ...........................................................................................................I 1.2 Exhibits...............................................................................................................2 ARTICLE 2 - LEASE AND TERM.................................................................................3 2.1 Grant..................................................................................................................3 2.2 Covenants...........................................................................................................3 2.3 Quiet Eniovmc it............................................................................................................3 2.4 linn...................... 3 2.5 Purchase of Development Propert}’......................................................................3 2.6 Title to Improvements ........................................................................................4 ARTICLE 3-R1;NT ....................................................................................................4 3.1 Biol ....................................................................................................................4 3.2 Net Lease............................................................................................................4 3.3 Manner of Payment..............................................................................................4 ARTICLE4-TENANTSCOVENANTS ......................................................................4 4.1 Tenant’s Equipment.............................................................................................4 4.2 Maintenance........................................................................................................5 4.3 RsBflks................................................................................................................5 4.4 Nondiscrimination; Restrictions on Use..................................................................5 ARTICLE 5 - FINANCING............................................................................................5 5.1 M«?ngagta...........................................................................................................5 5.2 N9liCT.................................................................................................................5 5.3 Performance........................................................................................................5 6.4 New Lease................................................................................................ • • • 6 5.5 Further Assurances. .. ......................................................................................7 5.6 Tc^^l^n4^^jftft f yflSC .......................................................................................7 ARTICLE 6 - ASSIGNMHN^r AND SUBLEITING ......................................................8 6.1 Assignments........................................................................................................8 6.2 SaMeasw.....................................................................................* 6.3 Other Agreements................................................................................................8 ARTICLE 7 - END OF TERM........................................................................................8 H -i- 7.1 Swrcn<^CT..................................................................................* 7.2 Vcsiins.......................................................................................8 7.3 Tenant s Equipment................................ 8 7.4 Acceptance............................................ 9 7.5 hiSISSL..............................................................................................................9 ARTICLE 8 - NOTICES AND ESTOPPELS ..................................................................9 8.1 Notices ...............................................................................................................9 8.2 Estoppels ...........................................................................................................10 ARTICLE 9-DEFAULT.............................................................................................10 9.1 Events of Dcrault................................................................ 10 9.2 Tenninatiofi.............................. •.. ........................................................................11 9.3 Payments...........................................................................................................II 9.4 lp|unctive Relief. ........................................*..................................................II 9.5 Forbearance......................... 11 9.6 Cfias ............................................................................................................................12 9^7 Waiver of Default .....................................................................................................12 9.8 Tenant’s Liability.............................................................................................12 ARTICLE 10. MISCELLANEOUS.............................................................................12 10.1 Relationship............................................................................ 12 10.2 Number and Gender...........................................................................................12 10.3 CaCliSDS............................................................................................................13 10.4Iimfi.................................................................................................................13 10.5 Con.siniction ......................................................... 13 11.6 Law ..............................................................................................................................13 10.7 Binding........................................................................................................................13 10.8 Short Fomi...................................................................................................................13 10.9 Severability ..................................................................................................................13 10.10 Countemarts............................................................................................................13 10.11 Interest Rate.................................................... 13 -ii- EXHIBIT A Legal Description of the Development Property EXHIBIT B Permitted Encumbrances -iii- Tl US GROUND LHASH, made on or as of the___day of __,2001,byand bcmcen ORONO MOUSING AND RI:DEVELOPMENT AUTHORIIT, a public body corporate and politic and a governmental subdivision under Minnesota law, and ORONO SENIOR HOUSING, IXC ("ORONO SENIOR HOUSING, LLC"). The Authority and Orono Senior I lousing, LLC, in consideration of the covenants herein coniainci hereby agree as follows: 1.1 article : I DEI INITIONS Definitions. In this Lease: "City" means the City of Orono. Minnesota. "Commencement Date" means that date upon which all of the parties hereto have executed this Lease. "Development" means the Development Property and the Improvements to be constructed pursuant to the Development Agreement. "Development Agreement" means the Development Agreement dated as of October__, 2001 between the City, the Landlord and the Tenant. "Development Property" means the real property that is the subject of the IXwelopment Agreement, which is legally described in Exhibit A. "l-vent of Default" means any one or more of the events listed under Section 10.2. "financing Documents" means any of the following documents to be executed and delivered in connection w ith the issuance and sale of the Housing Bonds and the Subordinate Mousing Note to be_________________as described in the Development Agreement. "Holder" means .lie holder of any Mortgage. "Improvements" means the 62-unit senior housing apartment building to be constructed by Tenant upon and w ithin the Development Property pursuant to the Development Agreement. "Landlord" means the Authority, its successors and assigns. -1- “Lease" means this lease agreement for the Development Property entered into pursuant to the Development Agreement. "Mortgage" means any mortgage or deed of trust on Tenant’s interest in this Lease, the Development Property and the Improvements permitted under Article 5 of this Lease. "Permitted Encumbrances" means the matters described in Exhibit C. "Rent" means any amounts due from Tenant to Landlord under the terms of this Lease. "Tenant" means Orono Senior Housing. LLC and its permitted assigns. "Tenant’s Equipment" means all movable equipment, furniture and other trade fixtures installed or placed in the Development by or for the account ol Tenant or any occupant of the Development. "Term" means the period of time set out in Section 2.4. "Termination Date" means________.2100. "Unrelated Third Party" means an individual or entity that is not (i) an individual ("Related Individual") who is an owner or officer of Tenant or a Related Company, (ii) any subsidiaiy or parent of Tenant (each of which is a "Related Company"), or (Hi) a general partnership, limited partnership or limited liability partnership ("Related Partnerships") in which a Related Individual or Related Company is a partner, or (iv) a corporation or limited liability corporation in which a Related Individual. Related Company or Related Partnership is an owner, shareholder, officer, member or manager. 1.2 Exhibits . The follow ing exhibits are attached to and by this reference made a port of this Lease: (1) (2) "Exhibit A" - Legal Description of the Development Property "Exhibit B" - Permitted Encumbrances -2- ARTICLE 2 LEASE AND TERM 2.1 Grant. Upon ihc terms and conditions of this Lease, Landlord demises and leases the Development Property to Tenant and Tenant leases and accepts the Development Property from Landlord subject to the Permitted Encumbrances. 2.2 Covenants. Landlord covenants to obsen e and perform all of the covenants and conditions to be observ ed and performed by Landlord under this Lease. Tenant covenants to pay the Rent when due under this Lease and to observe and perform all of the terms and conditions and covenants to be observed and performed by Tenant under tis Lease. 2.3 Quiet Enjoyment. Landlord covenants that Tenant, on faying the Rent, shall peacefully have, hold and enjoy the Development Property subject to the terms of this Lease, subject only to the Permitted Encumbrances. Term. I he term of this Lease commences on the Commencement Date and expires at 11:59 p.m. on the termination Date, unless terminated earlier as provided in this Lease. 2.5 Purchase of I3cvelopment Property. On the Termination Dale, if there is no uncured Event of Default by Tenant under this Lease at the time of exercise. Tenant may purchase the I.andlord's entire interest in the Development Property on the following conditions: (1) Tenant shall give Landlord not less than thirty (30) days prior written notice exercising its right to purchase the Development Property, (2) the closing shall take place on a mutually convenient date at the principal olTice of Landlord or such other location as the parties agree, (3) the purchase price for the Landlord’s entire interest in the Development Property shall be One Dollar (SI.00). (4) at closing. Landlord shall convey fee title in the Development Property to Tenant by quit claim deed, assignments and other appropriate instruments of conveyance, such conveyance to be subject only to (i) the Permitted Encumbrances, (ii) at Landlord’s option, a restriction running with the land for such period as the Landlord may specify to the cITect that the Development may be used only for residential housing purposes available for occupancy by persons 62 years of age and older, and (iii) any liens and encumbrances created -3* IP roriUTiri iiM^iaPlIItTiTi nT7i FTirnswn l!l>MIi)«4 111 I [IHSpm <• -m: (e) When a new lease is cmered into such Holder or (if reasonably approved by Landlord pursuant to the Development Agreement) its designee (such holder or designee the ’’Acquiring Holder," and the Mortgage of such Acquiring Holder the "Acquiring Holder's Leasehold Mortgage"), the liens on and estates and other interests in the Development Property or this Lease of all persons holding directly or indirectly under or thmugh Tenant (including the Acquiring Holder's Leasehold Mortgage), other than liens, estates and interests which are subordinate to the Acquiring Holder's Leasehold Mortgage, shall immediately and without documentation continue in elTert ittach to the new lease and be reinstated as to each other to the samt ent, and in the same manner, order iind priority, as if(i) the new lease wea* this Lease, (ii) this Lease had rot been terminated, and (iii) the Acquiring I lolder had acquired the leasehold estate under this I ease by assignment on the date the term of the new lease commences. liach lien, estate or interest which could liave been extinguished by the foreclosure of the .Acquiring Holder*s Leasehold Mortgage shall be deemed to be subordinate to the Acquiring Holder ’s i.easehold Mortgage. (f) Notw iihstanding any provision of this Section 5.4 apparently to the contrary . Landlord shall not be required to provide any notice to any Holder under this Section 5.4 unless such Holder has provided Landlord written notice of its existence in accordance with Section 5.2 licreol'. (g) Upon request ^^fa Holder. Landlord will enter into an agreement with such Holder confirming the provisions of this Section 5.4 for the benefit of such Holder and acknowledging the Holder's Mortgage and the ;Lssignments made therein. 5.5 l urther Assurances . Landlord agrees to execute such amendments to this Le sc and lurther agreements ;ls may reasonably be requested by any Holder. pro\ ided such am mdments and further agreements do not impose any material obligations or liabilities Ufon Landlord, or affect the rights of Landlord hereunder in any material respect. 5.6 1 ermination of Lea.se . No cancellation, surrender, abandonment, acceptance of surrender or modification or amendment o. this Lease shall bo binding upon any I lolder or affect the lien of any Mortgage if done w ithout the prior w ritten consent of said Holder (provided (x) that no con.sent shall be required to a surrender on the rermination Date or earlier termination hereof, and (y) consents to any mixlification or amendment to this Lease shall not be unreirsonably withheld or delayed by such Holder). -7. ARTICLE 6 ASSIGNMENT AND SUBLEITING 6 1 Assi^merits. Tenant and iu successors and assigns shall not assign or sublet all or substantially all of Tenantinterest in this Lease or the Development without the prior written consent of Landlord, except as otherwise provided in (a) the De\ elopmcnt Agreement, (b) Article S hereof, or (e) Section 6.2 hereof. 6.2 (a) Subleases- Tenant may enter Into subleases of the housing in the Improvements as provided in the Development Agreement w ithout the need for Landlord consent. Units in tile Development may be subleased only for purposes of residential housing and no unit may be subleased to a person under 62 years of age. 6.3 Other Agreements . Tenant mav enter into the Financing Documents and such other agreements affecting the Development Property as are contemplated by the Development Agreement. ARTICLE 7 END OF TERM 7.1 Surrender. Upon termination of this Lease or of Tenant’s right of possession of the Development Propertv. Tenant shall immediately quit and surrender possession of the Development to L^mdlord in its then condition. 7.2 Vesting . Upon termination of this Lease, if Tenant does not exercise Tenant’s option to purchase under Section 2.5, all right, title and interest of Tenant in the Development shall automatically v est in Landlord without the necessity of confirmation by any other document. However, upon the request of Landlord, such vesting shall be confirmed in separate recordable instruments in form and substance acceptable to Landlord. 7.3 Tenant’s Equipment. Any ofTenanl’s Equipment remaining in the Development after termination of this Lease or of Tenant’s right of possession of the Development Property shall be deemed conclusively to have been abandoned by Tenant and, after notice to Tenant and Tenant’s failure to respond within twenty (20) business days after serv ice thereof, may be appropriated, sold, destroyed, or disposed of by Landlord without further notice or obligation to compensate Tenant or account therefor. -8- j 8.2 t:stonncl s. Landlord or 1 cnant shall at any lime and from lime to time upon not less *han thirty (30) daj's prior notice from the other execute, acknowledge and deliver a WTittcn ilcmcnt certifying (1) that this Lease is in full force and en'c*ct, subject only to such modiilcation (if any) as may be set out therein, (2) the dales (if any) to which Rent is paid in advance. (3) that there arc not, to such party’s knowledge, any uncured defaults on the part of the other party, or specifying such defaults if any are claimed, and (4) such other matters as may he reasonably reijuired by the requesting party. Any such statement may be relied upon by any prospective transferee or encumbrancer of all or any portion of the Development or any interest therein or any assignee of any such persons. If any party fails to timely deliver such statement, such party shall be deemed to have acknowledged that this Lease is in full force and elTect. without modification except as may be represented by the other, and that there are no uncured defaults in the other's performance. AR nCLI: 9 DLIAULT 9.1 livents of Default. Any one or more of the following events constitutes an Event of Default: (I) If Tenant shall have failed to pay when due Rent or any other amount payable by fenant pursuant to this Lease within five (5) d.iys following fenant’s receipt of written notice from Landlord stating that such payment was not made: or (2) If Tenant shall have failed to perform any of the other covenants, terms, conditions or provisions of this Lease or any of its obligations under the Development Agreement within thirty (30) days alter 'fenant’s receipt of written notice specifying such failure; provided, however, with respect to those failures which cannot with due diligence be cured within said 30-day period. Tenant shall not be deemed to be in default hereundei if Tenant commences to cure such default within such 30-day period and thereafter continues the curing of such default with all due diligence; -10- 9.2 Termination . If an uncurcd Fveni of Default exists under this Lease, then Landlord may, subject to Section 9.5 hereof, exercise one or more of the following remedies in addition to any other rights and nrmedies provided at law or in equity: (I) Landlord may terminate this Lease by written notice to Tenant and may forthw ith repossess the Development and recover as damages the amounts provided in Section 9.3, or (2) Landlord may terminate Tenanfs right ofposse.ssion and repossess the Development w ithout demand or notice of any kind and w ithout terminating this 1 ease, in which event Landlord may (but wiU not be obligated to) relel all or any part of the Development oi any part thereof for the account of Tenant for such rent and upon such terms as Landlord deems advisable and may make any changes, additions, improvements, redecorations and repairs to the Development as Landlord deems advisable w ithout alTecting Tenant ’s liability under this Lease. 9.3 Payments . If pursuant to Section 9.2 this Lease is terminated or Landlord terminates Tenant ’s right of possession and repossesses the Development, Tenant shall pay to Landlord on demand the sum of: (1) all unpaid Rent ow ing at the time of lenninalion or repossession, as the case may be. (2) all expenses (together w ith interest thereon at a rate of twelve percent (12%) per annum from the date paid by Landlord) incurred by Landlord in terminating, a*possessing and reletting including but not limited to costs of changes, additions, improvements, redecorations and repairs, brokerage and legal fees, and the collection of Rent, and (3) any deficiency between the Rent, when due in accordance with this Lease, for the remainder of the Term and the pa\ ments, if any, received by Landlord trom any reletting of the Development or portions thereof. 9.4 Injunctiv e Relief . If an uncured Lv ent of Default exists under this Lease, Landlord shall have the right, in addition to any remedy available to Landlord under Section 9.2, to institute from time to time an action or actions for injunctive and or other equitable relief. 9.5 Forbearance . If there is a Mortgage on Tenant ’s interest in this Lease or the Development Property, Landlord will not terminate this Lease or fenant’s right of possession of the Dev elopment Property pursuant to Section 9.2. if Holder or any purchaser or transferee of Tenant ’s interest in this Lease or the Dev elopment by reason of foreclosure or other proceedings or by deed or assignment in lieu of such proceedings (or an assignee ofllolder • 1 •n- or such purchaser or minsfcrcc) shall, within one hundred eighty (180) days after acquiring Tenant’s interest in this Lease or the Development, cure all defaults susceptible of being cured by such entity (or, if such cure would reasonably require more than op^ hundred eighty (180) days and thereafter promptly, effectively and continuously proceed to cure such default). Nothing in this Section shall affect Landlord’s right to enforce any remedy under this Lease for an Event of Default e.xcept, so long as I lolder is in the process of curing such Event of Default or foreclosing its Mortgage under this Section, the right to terminate this Lease or Tenant’s right of possession of the Development. 9.6 Tenant shall indemnify Landlord against all costs and charges (including reasonable legal fees) lawfully and reasonably incurred in enforcing pasTnent of Rent, and in obtaining possession of the Development after an Event of Default of Tenant or upt>n expiration or t.trlier termination of this Lease, or in enforcing any covenant, proviso or agreement of Tenant contained in this Lease. Landlord shall indemnify Tenant against all costs and charges (including legal fees) lawfully and reasonably incurred in cnibreing any covenant, proviso or agreement of I.andlord contained in this Lease. 9.7 Waiver of Default. No failure or delay by Landlord or Tenant to insist on strict perfonnance of any term of this Lease or to exercise any right, power, or remedy upon a breach of this Lease shall constitute a waiver of such term or such breach. 9.8 Tenant’s Liability . Notwithstanding anything to the contrary provided in this Lease, it is specifically understood and agreed, such agreement being a primars' consideration for the execution of this Lease by Tenant, that (i) there shall be absolutely no personal liability on the part of Tenant, or its officers, directors, members, employees and agents, to Landlord with respect to any of the terms, covenants and conditions of this Lease, and (ii) Landlord shall look solely to recovering possession of the Development Property in the event of any breach by Tenant of any of the terms, covenants and conditions of this Lease to be performed by Tenant. ARTICLE 10 MISCT LLANi:OCS 10.1 Relationship. Nothing contained in this Lease shall create any relationship between the parties hereto other than that of lessor and lessee. Landlord and 1'cnant disclaim an\ intention to create a joint venture, partnership or agency relationship. 10.2 Number and Gender. Ilie words "Landlord” and ’Tenant’* as used herein includes the plural as well as the singular. The use of specific gender includes any other gender as applicable. 10.3 Captions. The captions in this Lease arc for convenience only and shall have no cffecT on the construction or interpretation of this Lease. -12. 4 10.4 Time. Time is of the essence of this Lease and each of its provisions. 10.5 Construction. The provisions ot*:nis Lease shall oe construed as a whole according to their conunon meaning, and not strictly for or against Landlord or Tenant. 10.6 Law. This Lease shall be governed by and construed under the laws of Minnesota. 10.7 Binding. This Lease is binding upon and inures to the benefit of Landlord and I'enant and their respective successors and assigns and shall not be for the benefit of any third pmies other than such successors and assigns. 10.8 Short Form. Landlord and Tenant ogree upon request of the other to execute a Short Form of this Lease suitable for recording. 10 9 Severabi’hv. If any term of this Lease or application of it to any person or circumstance is invalid or unenforceable, the remainder of this Lease or the application of it to other persons or circumstances shall not be jlYccted, and each provision of this Lease shall be valid and enforceable to the e.xtent permitted by law*. 10.10 Counterparts. Iliis Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the some instrument. 1 0.11 Interest Rate. Any interest due from one party to another hereunder shall be at me interest rate specified herein or the maximum rate permitted by opplicable law, if less. -13. ft IN WITNESS OF THIS LEASE, Landlord and Tenant have properly executed it as of the date set out at its head. LANDLORD ORONO HOUSING AND REDEVELOPMENT AUTHORITY Name: Its: E.xecutivc Director ISIGNAIURE PAGE TO LEASE (DEVELOPMENT PROPERTY)] -14- TENANT ORONO SENIOR HOtSING, LLC, a Minnesota limited liability company B>: Wedum Foundation, its Manager Member By:_ Nome: Its; ISIGNATURE PAGE TO LEASE (DEVELOPMENT PROPERTY)) r -15- M EXHDITA LEGAL DESCRimON OF DEVELOPMENT PROPERTY MI:Tf6aiOI A-l 1 # CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note was os of the latest date listed below registered in the name of the lost Registered Owner noted beiow, and that, at the request of said Registered Owner of this Note, the undersigned has as of said applicable date registered this Note as to principal and interest on the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME OF REGISTERED OWNER_________ Orono Senior Housing, LLC, a Minnesota Limited Liability ComDan)'_____________ DATE OF SIGNATURE OF REGISTRATION HRA EXECUTIVE DIRECTOR EXHIBIT D CFRTIFICATE OF COMPLETION AND PARTIAL RELFASE The undersigned hereby certifies that Orono Senior Housing, LLC, a Minnesota limited liability company, and/br permitted assigns (the "Developer") has fully and completely complied with the Developer's obligations under Article IV of that document entitled "Development Agreement," dated October_. 2001 between the City of Orono, the Orono Housing and Redevelopment Authority and Orono Senior Housing, LLC, a Minnesota limited li •»ility company, and filed for record_______, 20 __. as Document No._____in the office of the Hennepin County Recorder w ith respect to construction of that phase of the Improvements (as defined in the Development Agreement) constructed on the real property described in E.xhibit A hereto. As to the real property described in Exhibit A, the obligations of Article IV of the Development Aga*emcnt are terminated and satisfied and released of record. DATED: CITY OF ORONO. MINNESOTA Its Mayor Its City Clerk STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknow ledged before me this___day of ____ __^ ____^ by_______________________and________________________, the Mayor and City Clerk of the City of Orono, Minnesota, a municipal corporation under the law s of the State of Minnesota, on behalf of the city. Notary Public Ml 7WUOI L EXHIBIT E Form of Income Certificntloa Certification of Tenant Eligibility UNIT MEMBER: lAVe, the undersigned, being first duly sworn, slate that lAvc have read and answered Ailly and truthfully each of the following questions for all persons who are to occupy the unit In the Orono Woods Apartments development for which application is made, all of w hom are listed below: 1.2.3.4.5. Name of Members Relationship Social of the to Head of Secarit}’Place of Household lloasehold Number Fmplovmcat Head Spouse Income Computation 6. Anticipated Annual Income. The anticipated total annual income from all sources of each person listed in item 1 abo\ e for the tw elve month period beginning on the dale of this certificate, including income described in (a) below, but excluding all income described in (b) below , is $________________. (a) The amount set forth abi>\ c includes all of the follow ing income (unless such income is described in (b) below; (i) all wages and salaries, overtime pay, commissions, fees, tips and bonuses before pa>n>ll deductions; (ii) net income from the operation of a business or profession or from Uie rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allow ance for depreciation of capital assets); (Hi) interest and dividends (including income from assets as set forth in item 7(b) below); (iv)the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts; 9L payments in lieu of comings, such os unemployment and disability compensation, workmen's compensation and severance pay; (vi) the maximum amount of public assistance available to the above persons; (vii) periodic and determinable allowances, such as alimony and child support payments and regular contributions and gilts received from persons not residing in the dwelling; (viii) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) w ho is the head of the household or spouse; and (ix) any earned income tax credit to the extent it exceeds income tax liability. The following income is excluded from the amount set forth above: (i) casual, sporadic or irregular gifts; (ii) amounts that arc specifically for or in reimbursement of medical e.xpenscs; (Hi) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and \N orkmen's compensation), capital gains and settlement for personal or propcrl)' losses; (iv) amounts of educational scholarships paid directly to student or educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment, but in either case only to the extent used for such purposes; (v) hazardous duty pay to a member of the household in the armed forces who is aw ay from horn** and exposed to hostile fire; (vi) relocation payments under Title H of the 1 Iniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (vii) income from employment of children (including foster children) under the age of 18 years; (viii) foster child care payments; (ix) the value of coupon allotments under the Food Stamp Act of 1977; (x) payments to volunteers under the Domestic Volunteer Service Act of 1973; (xi) payments received under the Alaska Native Claims Settlement Act; (xii) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (xiii) payments on allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program; (xiv) payments received from the Job Partnership Training Act; (xv) income derived from the disposition of fimds of the Grand River Dank of Ottawa Indians: and (xiv) the first $2,000 of per capita shares received from judgments awarded by the Indian Claims Commission or the Court of Claims or from funds held in trust for an Indian tribe by the Secretary of Interior. 7. Net Family Assets. If any of the persons described in item 1 above (or any person whose income or contributions were included in item 6 above) has any savings, stocks, bonds, equity in real property or other form of capital investment (excluding interests in Indian trust lands), provide: (a) the total value of all such assets owned by all such persons: (b) the amount of income expected to be derived from such assets in the 12-month period commencing on the date hereof: the amount of such income included in item 6: Students (a) Will all of the persons listed in item 1 above be or have they been full-time students during five calendar months of this calendar year at an educational institution (other than a correspondence school) with regular faculty and students? (b) (Complete only if the answer to item 8(a) is *’Yes".) Is any such person (other than nonresident aliens) married and eligible to file a joint federal income tax return? The above information is full, true and complete to the best of my knowledge. I have no objections to inquiries being mode for the purpose of verifying the statements made herein. The undersigned acknowledge that the lease executed by the undersigned may be canceled upon notice os provided therein if the undersigned have misrepresented any of the information set forth above. Date: Signature -riiin mWlffTi' I I lltiflliii FOR COMPLETION BY PROJECT OWNER OR MANAGER ONLY: A. Calculation of eligible income: (1) Enter amount entered for entire household in item 6 above: $_________________ (2) If the amount entered in item 7(a) above is greater than $5,000, enter the greater of (i) the amount entered in 7(b) less the amount entered in 7(c) or (ii) 10% of the amount entered in 7(a): (3) TOTAL ELIGIBLE INCOME (Line A(I) plus line A(2): S________________ The amount entered in A(3) (Total Eligible Income) is: ____ Less than S___________________which is an amount equal to 50% of median Income for the Minneapolis-St. Paul SMSA. More than the above-mentioned amount C. D. Number of apartment unit assigned: This apartment unit w as____w as not____last occupied for a period of at least 3 1 consecutive days by a person or persons w hose aggregate anticipated annual income, as certified in the above manner, was less than or equal to the amount at which a person would have qualified under B above. E. Applicant: ____ Quali Ties as a Low er-lncome Tenant ____ Docs not qualify as a Lower Income Tenant, Ow ner or Manager EXHIBIT F INVESTOR LETTER Oruno Housing and Redevelopment Authority Orono, Minnesota City of Orono, Minnesota Orono, Minnesota Re: Orono Housing and Redevelopment Authority Tax Increment Revenue Note Ladies and Gentlemen: The undersigned representative of._____________(the "Purchaser"), being the purchaser of the Orono I lousing and Redeveloj mc'it Authority Tax Increment Revenue Note of 2001, dated as of June __, 2001 (the "Note" /, docs hereby certify, represent and warrant for the benefit of the addressees that: (a) The Purchaser is cither a bank, savin js and loan association, registered investment company, insurance company or other * Accredited Investor" as defined in Rule 501(a) of Regulation D of the Securities Act of 1931. as amended. Purchaser (i) is duly and validly organized under the laws of its jurisdiction < f incorporation or organization, (ii) is leg ally authorized to purchase the Note as law ful im estinent of the Purchaser, (Hi) has such knowledge and experience in business and financial natters as to be capable of evaluating the merits and risks of an investment in the Note on the bwsis of the information and review of documents described in section (d) below and the inveitigation which the Purchaser has conducted and (iv) can bear the economic risk of the purchase of the Note. (b) The Purchaser has purchased the Note for ;ts ow n account for investment purposes only or has become the registered owner thereof for security purposes and not for the account of any other person and not for distribution, assignment or resale; provided, how ever, the Purchaser may dispose of the Note or any portion thereof or interest therein in compliance w ith paragraph 10 of the Note and provided further that a sale of shares in any investment company that purchases the Note w ill not, in and of itself, constitute a distribution of the Note for the purposes of this section (b). (c) Neither the City of Orono, Minnesota (the "City"), the Orono Housing and Redevelopment Authority (the "HRA") nor its counsel shall be deemed to have made any representations with respect to the Note or the Development Agreement or tax increment financing district referred to therein as of any date, except as expressly provided in the Note or the Development Agreement. (d) The Purchaser has obtained and has read and reviewed such documents, instruments and information related to the issuance of the Note as the Purchaser has requested from the City and the HRA. The Purchaser has also reviewed such other information as requested and has been provided an opportunity to ask questions of, and has received answers from, representatives of the City and the HRA regarding the terms and conditions of the Note. We understand that the Note is payable solely from certain tax increment pledged to the payment thereof and understand that such tax increment may not be sufficient to pay stated principal and interest on the Note and that there may be other risks in such an investment which arc not described therein. (e) The undersigned is a duly appointed, qualified and acting ofllcer or representative of the Purchaser and authorized to make the certifications, representations and warranties contained herein and the purchase of the Note constitutes a lawful investment of the Purchaser (0 The Purchaser acknowledges that the City, the HRA, the members of their respective governing bodies and their olTicers (each individually an "Issuer Party" and collectively the "Issuer Parties") have not undertaken to furnish information to the Purchaser or to ascertain the accuracy or completeness of any information that may have been furnished to the Purchaser by or on l^half of the City, the HRA or the prior holder of the Note relating to the tax increment pledged to payment of the Note and that none of the Issuer Parties have made any representations concerning the accuracy or completeness of any information supplied to the Purchaser or relating to the security for the Note. The Purchaser hereby waives any requirements of due diligence in investigation or inquiry' on the part of any Issuer Parties and all claims, actions, or causes of action which the Purchaser may have directly or indirectly from or relating to any action which the Issuer Parties took or could have taken, in connection with the issuance and sale of the Note to the Purchaser. IN WITNESS WHEREOF, I have hereunder set my hand the __day of Name: Title: B Revised Dran 7/31/01 Revised DraR 9/27/01 CITY OF OKONO IIENNKPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 2A AGREEMENT FOR ORONO AMBAR OFFICE BUILDING (Name of Development) ORONO AMBAR. LLC.. A MINNESOTA CORPORATION (Name of Dev eloper) THIS AGREEMENT, made and entered into this da> of_, 2001. bv and between the City of Oruno. a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter called "City"), and Orono Ambor. LLC. a Minnesota Corporation, its heirs, successors and assigns (hereinafter called "Developer"). WITNESSETH: W HEREAS, the IX'veloper has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) including a comprehensive plan amendment, subdivision to create two buildabic lots, and commercial site plan review, for the purpose of developing a 62-unit Senior Housing residential building and a 25,000 s.f. Professional OfTice building: and WHEREAS, on March 12, 2001 the City Council granted Concept Plan .Approval for development of a 62-unit building for senior housing use (the "Senior Housing Building") and a 25,000 s.f. general oftlce building (the "Office Building") per Re.solution No. 46 H/. on the condition that the Developer enter into this agreement to provide for conformance w ith the City's Planned Unit Development (PUD) ordinances, to provide for the installation and maintenance of improvements, and to establish and document the conditions of approval for the Tax Increment Financing (TIF) associated w ith tlic Senior I lousing element of the development. Page I of 14 NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hcrcinafler contained, it is hereby agreed as follo\%^: A. General Tcrmi and CoBditioiii 1. ProperU' Description. Outlot F. Sugar Woods according to the plat thereof on file in the office of the Registrar of Titles of Hennepin County. Minnes<»ta (sometimes herein referred to os the "Pioperty”). The property description to wnich this Agreement for the Otllce Building component of the development applies is Lot I. Block I. Orono Amhar. 2. Zoning , lire property is zoned os a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning for the office building compiment on Lot I. 2 story office building with underground parking in the basement level and additional surface parking as depicted in the site plan (attached hereto os Exhibit A) and approved building plans and elevations (attached hereto os Exhibit B). The permitted use of the otTice building is general office uses which may include business and professional offices of a general nature, and may include a clinic for human care on an outpatient basis only. The olTice building shall not be used for general retail use. except that retail uses customarily accessory to ’he general office use may occur in no nrore than twenty percent (20“o) of the office building gross lloor area. Other uses shall nut be allowed e.xcept by amendment of this PUD agreement. Within Lot I the only accessory structures allowed shall include: a) Trash enclosures attached to the principal structures, constructed of materials comparable to and compatible w ith those of the principal structure; and b) Monument identification signs per the approved plans. No other accessory structures are pemiiited except by amendment of this agreement. Users shall be obligated to contomi to all applicable Orono ordinances and to the provisions of this PUD agreement. The foregoing uses are permitted pursuant to this PUD agreement. Site Access. Internal circulation for Lot I shall be via a new private road to be developed within Lots 1 and 2, Block 1. Orono Ambar. The private road shall serve the uses for both Lots I and 2. Ilie easterly access point for the private rood shall be at Brown Road North per the site plan attached as Exhibit A. The easterly access point shall allow full entrance and e.xit movements to North Brown Road. Page 2 of 14 A single direct access to Highway 12 shall be developed at a location approximately 500 feet w'cst of the intersection of Brown Rood and I lighwny 1 2. This direct access shall be restricted to westbound right-in/right-out turning movements, and shall be subject to MnDOT design approval. A third acces.s point located near the northwest comer of l.ot I shall provide for future access to a future public nxul which may be constructed within Outlet O. Sugar Wotxls. At such time that a public road is constructed within said Outlot D, the City shall have the right to cimnect such public road to the internal road system within Lots I and 2 for the purpose of providingadditior.il ingress/egress options for Lots I and 2 as well as provide ingress'egress options for properties west of Lot I. Tlie Developer shall grant to the City public road, drainage and utilities easements over the private road corridor including all surface parking arcas, in order that future public use of the roadways is ensured in the event that a future connection to the west is established. Developer sliall grant cross easements between I.ots I and 2 to ensure full use of the internal private road s>stem until such time that the City exerci.ses its easement rights to consert all or a portion of tlie internal road system to a public road status. It is specifically agreed that the City is not obligated to maintain the private internal road system until such time that the City chooses to convert all or a portion of the internal road system to a public road, and construction of an access connection to a public road in Outlot D. Sugar Woods shall not automatically terminate the private road status of the internal road sy stem. Off-site access improvements that are the msponsibility of the developer shall include establishment of the right-in'right-out access curbing for the southerly access. Any tum-lane or acceleration lane improvements or re-striping that may be a*quired by MnDOT for that access shall be the responsibility of the City. Other otT-site access improvements tliat w ill be the responsibility of the City shall include establishment of the semaphore and related impro\ ements at the intersection of Brown Road North and Highway 12. Building Desien and Constmetion. The office buildings on Lot 1 shall be constructed according to the plans on file with the City. On Lot I. the plans indicate a two story ollice building with parking on the basement level. The second story is set back from the first story at the north end of the building to reduce impacts to the residential neighborhood to the north. Window s arc also minimized on the north end of the office building to reduce impacts on neighboring properties. The roof is a standard shingle hip roof with pitch established at 5; 1 2 to minimize the impacts of building height. The exterior of the oflice building shall be Page 3 of 14 of materials consistent with the approved plans attached as Exhibit D. Any accessory structures on Lot I. if approved, shall he of the same exterior finish and colors os the office building. Constniction of the ofllcc building on Lot I shall be in conformance with the building codes and regulations adopted by the City of Orono. Any changes to the gross square fix'iage, footprinl'wall/roof dimensions or defined building height shall rc*quire a prior amendment to this Agreement. l andscaping. 1 he landscaping plan attached to this .Aga*ement as Exhibit E shall be strictly adhea*d to. Within Lot I. the Developer shall establish and maintain suitable vegetative .screening along the northerly boundars of the property sufllcienl to substan ’ially block direct view of most vehicle headlights from the adjoining Sugar Woods residential properties. Within Lot I. the Developer sbtll provide and maintain vegetative scanming within the defined rear yard of the ofllcc building to mlnimi/e the visual impact on the adjoining a^idential properties. Within Lot I. Developer shall minimize to the greatest extent passible the removal of existing trees and vegetation along the perimeters of the property and where feasible shall retain existing trees along the southerly boundarv during constniction until their removal is necessarv to complete the appro\ ed landscape plan. The construction limits shall be clearly marked with adequate fencing to prevent construction damage or disturbance of any trees and vegetation outside of the defined construction limits. Any retaining w alls to be constnicted on Lot 1 as shown on the approved plans shall be of decorative concrete keystone-tvpe bliK'k construction of an earthtone color and shall be limited in height and length to the extent neccssarv' to accomplish their intended purpose. Lighting Site lighting shall adhere to the approved lighting plan attached hereto as Exhibit F. All lighting fixtures shall be located and constructed so as to direct light away from the adjacent residential neighborhood. Signage . Signage on the site shall be limited to the required trafllc control signage, and to monument signs provided by the developer at each entrance to ihe site. The signage shall be limited to a company or development name and/or logo and street address on the monument signs. Design and materials of monument signage shall adhere to the approved Signage Plan attached hereto as Exhibit G. Parking and traffic control signage shall be installed subject to City stall and City Engineer approval, including required stop signs within the parking lots and service drive to ensure safety of pedestrians in parking areas and cro.ssing points. Page 4 of 14 1 B. Inslallation and Maintenance of Impruvcmcntit 9. lmpro\ emenls: In accordance with the policies and ordinances of the City of Orono. the following described public or private improvements (hereinafter collectively called the "Improvements'*) shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this PUD Agreement: (a) Site grading, roadways and drivewav's. curb and gutter, parking lots, sidewalks, retaining wnlls and all necessarv erosion control measures per the approx ed Grading, Drainage & Erosion Control Plan attached hereto os Exhibit B (hereinafter called "site grading improvements"); (b) Sanilar)' sewer and water lines and facilities (hereinafter called "sewer and water improvements") and storm sewer lines and facilities (hercinalWr called "stormwater improvements") per the approved Utility Plan attached hereto as Exhibit C. Relocation of the existing gravity sewer line extending from Drown Road North to the liR station near the southeast comer of Lot 2. os required by the City pursuant to the letters attached hereto as Exhibits I and J. shall be the resptmsibility of Sidnex B. Rebers, seller ofOutlot F. Sugar Woods. (c) Underground natural gas. electric, cable and telephone serv ice to be arranged by the DevclojK*r xvith the utility companies involved (hereinafter called tlie "otlicr utility improvements"); (d) Landscaping and site rex egetation improx ements per the approved Landscaping Plan attached hereto as Exhibit E (hereinaller called "landscaping improvements"). (e) Traflic control signage subject to approval by the City Engineer and Public Serv ices Director. (0 Any additional inprox ements listed wiiliin the Site Improvements Cost Estimate attached hereto as Exhibit li. 10. Construction Plans : Detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the City prior to issuance of applicable City permits. The Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement. Page 5 of 14 (c) Underground natural gas. electric, cable and telephone service to be arranged by Developer with the utility companies involved (hereinaAer called the "other utility improvements"); (d) Landscaping and site revegetation improvements per the approved Landscaping Plan attached hemto us Exhibit E (hcrcinaner called "l.uidscaping impnnements"). (e) Tralfic control signage subject to approval by the City Engineer and Public Serv ices Director. (0 The follouing additional improvements which ore detailed within the Site Improvements Cost Estimate attached hereto os Exhibit If; 1) 2) (TO BE ADDED VPOS COMPLETIOS OF COST ESTLMA TE) 3) etc. 10. Construction Plans : Detailed plans and specifications for the complete installation of the lmpro\ements shall be submitted by the Developer for the approval of the City of Orono prior to issuance of applicable City pcmiits. 1 he Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement. 11. Construction of Improvements: (a) Commencement Date • The construction of Improvements shall begin no later than December 31.2001. (b) Completion Date - All Improv ements sliall be completed no later than December 31 , 2002. (c) Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. WTiere required by City ordinance, the contractor shall first obtain a license from the City. Page 6 of 17 (d> Prc-ConstrucUon Conference - Prior to the start of any consmiciioiu the Developer and the Developer’s Contractor shall meet with the responsible City ofTicial to review construction plans and schedules. (e) Permits • Prior to the start of any construction, the Developer’s Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following: Site Grading Permit; Utility Construction Permit; Sewer and Water Connection Permits. (0 Construction • lire construction, installation and materials shall be in accordance with the plans and specifications approved by the City. (g) Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation. Liability and Property Damage. Performance Deposit: for the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his designated General Contractor will deposit with the City prior to the City's issuance of site grading and building pemiits an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactoril) complete the work prior to the completion date specified in Section 11 above. The amount of such deposit is $______per the schedule attached to this document as Eihlblt H. The amount of such deposit shall not be reduced before substantial completion oi the Improvements. The letter of credit shall expire no sooner than six months after the completion date specified in Section 11 above. 13. Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable odditional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to. direct City pavToll and overhead, costs, and fees paid to consultants and other professionals, which arc not covered by City application fees. Page 7 of 17 The Developer shall be responsible for maintenance of all privately ouTied Improvements including roads, sidewalks, and storm sewers, regardless whether eascmcnis for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and landscaping consistent with the approved Plans for said improvements. Upon satisfactory completion of construction of sewer and water mains on the site. Developer shall transfer ownership of said main lines to the City, and the City shall henceforth maintain said sewer and water mains. Developer shall be responsible for maintenance of all sewer and water lines that ore defined os "connections" as indicated on the approved Utility Plan. Developer shall be responsible for ensuring that the appearance and design of the building are maintained per the approved building and construction plan, and shall be responsible for ensuring that the site amenities and features os shown on the approved site plan ore maintained per said plan. C. Senior Housing Pumtion 15.City Intent and Conditions for Senior Housine nuilding. It is the intent ofthe City of Orono that the Senior Housing Building be used for Ute purpose of senior rental housing for persons age 62 and older for the longest practicable period of time, with rental priority given to area resident.«. In order to achieve this intent, the Developer agrees to the following conditions which ore hereby established us pait of this PUD Agreement; In order to maximize the length of time that the City can exert control over the use of the Senior Housing for its intended purpose, the City intends to purchase Lot 2. Block I, Orono Woods Addition from the Developer prior to the commencement of construction for the sum of $1 (one dollar) and other good and valuable considerations. The City w ill then lease said Lot 2 to the Dcvelopcr/Building Owner for a period of ninety-nine (99) years, at an annual rent of $1. The lease shall include the following general terms: 1 ) The lease shall be written to prohibit rental to other than seniors during the term ofthe lease. 2) At the end of the 99.>-car lease term, the City will sell Lot 2 back to the Developer/Owner for the sum of SI. During the 99 >-car term of the lease, the building shall be owned and operated by a non-profit corporation. Page 8 of 17 tuamailii During the term of the TIF funding as described in this document, the Developer shall limit the rental price of 20% of the units per the TIF AgieemenU and all 62 units shall be used only for housing of seniors age 62 and older, with rental preference given to Orono residents, per the terms and conditions of the "Senior Housing Restriction" and the "Orono Preference Requirement" as stated within that certain document entitled "Development Agreement Relating to Orono Woods Apartments (Including Tax Increment Financing District No. 1-1) Between City of Orono. Orono Housing and Redevelopment Authority and Orono Senior Housing. LLC" (hereinaAer the "Development Agreement"). In order to ma.ximize the length of time that the Senior Housing will serve its intended purpose, the Citv will defer Sewer and Water Connection Fees in the amount of S40.838 and Park Dedication Fees in the amount of $161,200 that would otherwise be due at the time of development of the Senior Housing. Such fees (hereinaAer "defencd improvement costs") shall be payable only in the event that the Developer violates the "Senior Housing Restriction" as set forth in the "Development Agreement". In that event such fees shall be immediately due and payable together with interest on the deferred amounts computed at the rate of 7% per atumm from the dale of said "Development Agreement". The deferred amounts plus 7% interest compounded annually shall be due and payable to the City at the termination of the 99 year lease, except that the Developer/Owner may Airther extend the deferral period in 5-ycar increments by contract with the City. Devclotxrr Renresentations and Covenants. ITie Developer hereby makes the following rcprc.sentations and covenants: (a) The Developer has the legal authority and power to enter into this Agreement. The Developer reasonably expects to obtain financial resources which, when combined with the assistance hereunder, will be sufficient to enable the completion of the Improvements. The Developer will, subject to the requirements of Section B - Installation and Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance w ith the terms of this Agreement, the requirements of the TIF District and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities. 1 Page 9 of 17 landscaping, stormwater management facilities, roads, or parking facilities which are necessary in connection with the construction and such improvements. (d) At such time or times as may be required by law. the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authorit>’. (e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely nuinner. all requirements of all local, state, and federal law s and regulations w hich must be obtained or met before the Improvements may be constructed. (0 The Developer acknowledges that the TIF District is a "housing district" os defined in Section 469.174. Subdivision 11. of the TIF Act and. as such, is subject to the limitations provided in Minnesota Statutes. Section 469.174. Subdivision 11 and Section 469.1761. Subdivision 3 (together, the "Restrictions"). The Developer covenants that it will, with respect to the Improvements, observe and comply, and that it will cause the require any of its permitted successors and assigns to observe and comply with such Restrictions. In particular, and without limitation, the Developer covenants iliat at all times prior to the expiration of the Term the use of the property shall continue to qualify as a "housing district" under the TIP Act: specifically, that not less than 20*!'o of the housing units shall be rented to tenants having annual income less tiun 5U% of area mc^lian gross income. At least once annually, the Developer or Owner agrees to provide evidence satisfactory to the City of Orono of compliance with the applicable income limitation, including without limitation the total number of rental units during any reporting period and income verifications. (g) The Developer acknowledges that the "deferred improvement costs" shall be in addition to the requirements of the "TIF" financing. Such costs as identified in Section 15(c) aK>ve shall be deferred and no pasment shall be made to the City of Orono by the Ow ner if the housing remains in ownership of the "non-profit operator" and the housing be limited to senior rental units for persons aged 62 and older. At such time that cither condition no longer exists, the deferred amounts plus 7®/o per annum interest compounded annually shall be immediately due and payable in full. Page 10 of 17 (h> It is intended and agreed that the covenants provided in this Section shall remain in efTect throughout the Terms and shall be covenants running with the land not the owner or developer. 17. City Representations and Covenants: The City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. (b) The City w ill. in a timely manner, subject to all notification requirements, review and act upon all submittals and application of the Developer and will cooperate '.'•ith the eRort of the Developer to secure the granting of any permit, license, or other approval required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the City's discretion in considering any submittal or application. (c) The Development Propertx is zoned for purposes which include the Development as proposed. The city luis issued all ncce.ssary residential planned unit development (RPUD) approval, and plat approval of Orono Woods Addition. (d) The City has duly taken such steps as it is required to take to approve the TIP District and TIP Plan pursuant to and in accordance with the TIP Act and the City covenants to discharge such future obligation. The City acknowledges that, as a housing TIP District, the TIP District is subject to specific requirements and limitation under the TIP Act. including the requirements that: (1) The increment be expended in accordance with the TIP Plan (Section 469.176. Subdivision 4) and solely to fiiunce the cost of "housing projects", as defined in Section 469.174. Subdivision 11, which may include the cost of public improvements directl) related to the housing projects and allocated administrative expenses (469.176. Subdivision 4d) (2) The income limitations under Section 469.1761. the violation of which may limit the TIP District’s duration to that of on economic development district (Section 469.1761. Subdivision 4) Pagcllofl? The disquunricalion of a project if (he fair market value ofits improvements which ore constructed for uses other than low and moderate income housing exceeds 20®/o of the total fair market value of the planned improvements in the development plan or agreement (Section 469.174. Subdivision 11). Compliance with some of these restrictions is'within the control of the City and compliance with some of these restrictions is within the control of the Developer and or Owner. The City of Orono aeknow ledges that the “deferred improvement costs” shall be in addition to the requirements of the “TIF Act” by an additional 79 sears. Such costs os identified in Section 15(c) above shall be deferred and no pavment shall be made to the City of Orono by the Owner if the conditions the housing remain in ow nership of the “non-profit operator” and the housing be limited to senior rental units lor persons aged 62 and older. At such time that said requirements ore no longer met. the deferred improvement costs plus interest necnied at the annual rale of 7®/o compounded annually shall be repaid immediatelN to the City of Orono. The City covenants not to take any actions, including without limitation any approval of the e.xpendilure by the City of increment from the TIF District not applied toward pa> ment of the i IF Note, which would violate tlie TIF Act, invalidate the TIF District in whole or in part or adversciv alfect the tax increment pavincnt obligations to the Developer under this .Agreement i»r the TIF Note. Nothing in this subsection shall diminish the Developer's obligations under this Agreement or create any liability of the Citv respecting an Event of Default. The City shall promptly give the IX*v eloper written notice and copy of an> lawsuit or similar proceeding, or any threat thereof, and of any communication from the Otfice of the State Auditor, the IXpartment of Rev enue. I lennepin County or other public official which questions the propriety or legality of the TIF District or the expenditure of its increment. Compliance. At ony time and from time to time the Developer may request that the City provide (he Developer a eertifieate certifying tlut that the temis and prov isions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance or other matters. To the extent that there be anv bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into confomumce. and thereaficr the City shall be obligated to pn>vide such certificate. Page 12 of 17 21. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one. shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notice to Developer City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay. MN 55323 James Cooper. Chief Manager Orono Senior Housing. LLC c/o Dunbar De\elopment Corporation 5000 CileiuM>od Avenue Golden Valley. MN 55422 cc: Wedum Foundation Parties may substitute notice provisions upon notice to all other parties. Incorporation bv Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully os if set out herein in full. Disclaimer bv Citv: It is understixHl and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen. laborers, or any other perstm. firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Page 13 of 17 23. Hold Harmless and InJcmnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and emplo>'ees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or sub contractors. whether or not caused in part by a party indemnified hereunder. 24. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or w ithholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. 25. Right of l-ntr\'. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all ofthe agreed upon lmpro\ ernents should the Developer not complete those Improvements by the date specified in Section 11. 26. Controlling Agreement. To the extent lliat there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Developer, this Planned Unit Development Agreement shall control. (The balance of this page intentionally left blank) Page 14 of 17 1 IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of: Reviewed for Administration: Date: This instrument was dralled by; City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay. MN 55356 CUT OF ORONO By:. (Mayor) (City Clerk) DEVELOPER By:. (Tale) (Planning Director) By:. (City Administrator) Page 15 of 17 L (NOTARIZATION PAGES) Page 16 of 17 (NOTARIZATION PAGUS) Pagel7ofl7 k ...... LIST OF EXHIBITS Exhibit A............................ Site Plan Exhibit B............................ Grading. Drainage and Erosion Control Plan Exhibit C............................ Utility Plan Exhibit D........................... Building Plans & Elevations Exhibit E............................ Landscaping Plan Exhibit F............................ Lighting Plan Exhibit G.......................... Signage Plan Exhibit H........................... Site Improvements Cost Estimate Exhibit I............................. Letter by Hugh M. Maytiord dated 4/24/01 regarding Sewer Replacement Exhibit J............................ Agreement for Sewer Replacement (City to draft, Rebers to sign) Page 18 of 17 b Cit>’ of Orono 2750 Kelley Parkway P.O. Box 66 Orono. .NLN SS323 Phone: (952) 294-4600 Fax: (952) 249-4616 DATE: TO: FROM: 5IEMORANDUM October 1,2001 Mike GafTron Paul Weinberger SUBJECT: Dunber Preliminar>’ Plat Resolution and Outstanding Issues Checklist_________ Attached is the draft Preliminary Plat Resolution for the Dunbar Project. 1 have left some findings in the document that arc the same findings we had made in the General Concept Plan approval. In some cases they are verbatim to what the General Concept Plan read. Do you feel it is necessary to repeat? I have also written notes in the margins of things we may want to add/changc. This is a list of outstanding issues or additional info we may need before the final approval: Payment of Final Plat fees. Is the senior building for 55 + or 62 +? Final lighting plan, including plans for street lighting to match the Long Lake plan. Final traffic signage. Greg (and possible the P.D.) may want to comment before we ask for final plans. Final monument sign plans. MnDot approval of the Stormwater Management Plan.s MCWD approval of SWMP. Landscaping Plan shall be ic\iewed by DSU (Wally Case will review) All utility, grading, stomiwater management, etc. shall be approved by Public Works and Engineering (Kellogg is reviewing) Estimate shall be given to Dunbar for letter of credit. Fire Marshal and Steve Persion are meeting later this w«k to review and approve final plans Met Council final determination is required for determining SAC units b City of Orono 2750 KcUcy Parkway P.O. Box 66 Orono, MN 55323 Phone: (952) 294-4600 Fax: (952) 249-4616 MEMORANDUM DATE:October 1,2001 TO:Mike GafTron FROM: Paul Weinberger SUBJECT: Dunber PreliminarN’ Plat Resolution and Outstanding Issues Checklist Attached is the draft Preliminary Plat Resolution for the Dunbar Project. I have left some findings in the document that are the same findings u-e had made in the General Concept Plan approval. In some cases they arc verbatim to what the General Concept Plan read. Do you feel it is necessary to repeat? I have also written notes in the margins of things we may want to add/change. This is a list of outstanding issues o*- additional info we may need before the final approval: Payment of Final Plat fees. Is the senior building for 55 + or 62 ■♦■? Final lighting plan, including plans for street lighting to match the Long Lake plan. Final traffic signage, Greg (and possible the P.D.) may want to comment before we ask for final plans. Final monument sign plans. MnDot approval of the Stormwater Management Plans MCWD approval of SWMP. Landscaping Plan shall be reviewed by DSU (Wally Case will review) All utility, grading, stomiwater management, etc. shall be approved by Public Works and Engineering (Kellogg is review ing) Estimate shall be given to Dunbar for letter of credit. Fire Marshal and Steve Persion arc meeting later this wwk to review and approve final plans Met Council final determination is required for determining SAC units T- 1*- T*- ?^E^A PLftT Doc. A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PROPERTY LOCATED AT 2060 WAYZATA BOULEVARD FILE NO. 2640/2641 WHEREAS, Orono Ambar, LLC (hereinafter the "applicant*’) has an interest in propert)' located at 2060 W'ayzaia Boulevard within the City of Orono (hereinafter the "City") and le^ly described as follows: Outlot F, Sugarwoods Hennepin County, Minnesota (hervinafter the "property"); and WHEREAS, the PUD ordinance requires a three step approval project for properties developing as part of a PUD; Resolution No._______for General Concept Plan WHS adopted on__________. the second step in the process is Preliminary Plat approval, followed by the Final Plat; and WHEREAS, the applicant has requested Preliminary Plat Approval for a two lot plat of a 6.7 acre property. Proposed is a rezoning for the two properties from D-1, Retail Sales Business District to B-6/PUD (for office use of the proposed west parcel) and RPUD/PUD (for multi-family residential use of the proposed east parcel). The intended use of the properties ore a 3 story 62 unit senior housing project and a 23,000 s.f. office building; and WHEREAS, the property ii located in the Highway 12 Corridor Study Area which has established special requirciucnls for re.^ijning; a.id WHEREAS, the City of Orono has agreed to purchase the 4.7 acre parcel that will contain the senior housing project and lease the property to a non-profit organization that will own and operate the building; and WHEREAS, the Orono City Council makes the following findings in regard to this application:1 Page 1 of 10 ?^E^A PLftT Doc. A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PROPERTY LOCATED AT 2060 WAYZATA BOULEVARD FILE NO. 2640/2641 WHEREAS, Orono Ambar, LLC (hereinafter the ’'applicant") has an interest in property located at 2060 Wayzata Boulevard within the City of Orono (hereinafter the "City”) and legally described as follows: Outlot F, Sugarwoods Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the PUD ordinance requires a three step approval project for properties developing as part of c PUD; Resolution No._______for General Concept Plan was adopted on ---------------the second step in the process is Preliminary Plat approval followed by the Final Plat; and WHEREAS, the applicant has requested Preliminary Plat Approval for a two lot plat of a 6.7 acre property. Proposed is a rezoning for the two properties from B-l, Retail Sales Business District to B-6/PUD (for oftlce use of the proposed west parcel) and RPUD/PUD (for multi-family residential use of the proposed east parcel). The intended use ofjhc properties are a 3 story 62 unit senior housing project and a 23,000 s.f. office building; WHEREAS, the property is located in the Highway 12 Corridor Study Area which has established special requireincnts for rezoning; and WHEREAS, the City of Orono ha.* agreed to purchase the 4.7 acre parcel that wi contain the senior housing project and lease the property to a non-profit organization that will own ana operate the building; and WHEREAS. this application: the Orono City Council makes Uie following findings in legar^ to Page 1 of 10 FINDINGS 1. This application was reviewed as Zoning Files #2640-2641, the City of Orono has received application #_________for simultaneous review of the final plat of Orono Woods. 2. The property is located in the B-l Limited Neighborhood Business District. The property consists of approximately 6.7 acres.2. 3. The City Coimcil adopted Resolution No.approving the Gisfleral Concept Plan for a 23,000 s.f two-story office building and a 62 unit ' C62j;;scnior liousing building. The office building would be located on a property approximately 2.7 ac.'p* in size. The residential use would be located on a lot approximately 4.0 acres in size. 4. Rezo.ning of the properties from B-l General Business to B-6 and RPUD are essentially down zoning of the properties as the permitted uses in the B-6 and RPUD districts would have less potential impact on the adjacent residential properties. The proposed office use and senior residential component would not require the same traffic levels and development pattern as a retail environment. 5. A large stormwater pond is located adjacent to the property that is owned by MnDOT that has been designed with the capacity to handle stormwater flow ’s from the property. In addition to the City of Orono, MnDOT shares approval from the stormwater management plan. S. The property rises gradually from the pond. The proposed development has incorporated building and road design that takes advantage of the existing topography. The senior building has been designed to follow the general topography of the land. I The City of Orono had planned to have a service road connection between Brown Road an.l the properties to the west. A version of the service drive has been designed to allow for a future connection west. The Concept Plan would allow two way traffic to enter from Brown Road. This is the ideal primary ingrcss/egrcss to the property as a lighted intersection is planned for Highway Page 2 of 10 11. Niiiiiil li 12 and Brov^-n Road to allow for trafTic to safely access Highway 12. A righi-in right-out intersection would allow direct access from the site to Highway 12. Future connection to the west would potentially be to Brimhall with a lighted intersection at existing Highway 12. This would reduce the amount of through traffic on the residential property to the east. Highw’ay 12 is scheduled to be relocated to the south. The existing 12 would be reclassified and become a Hennepin County Road (Way^ta Boulevard). Per Section 10.61, Subd. 10, required off-sucet parking is approved as follows; No. of Parking Stalls: Required - 1 per 200 s.f. Required " 1 per 200 s.f. of “net usable floor area for office use* Total stalls required = 97 Total stalls proposed = 97 No. of Parking Stalls: Required ■ 140 spaces Total stalls proposed Required 2 per dwelling unit (Section 10.61) 83 interior spaces .• . SO e.xterior spaces The standards for a building designed for senior housing use may not require the same parking standards. The applicants have stated they do not feel all the parking proposed on site will be necessary' for tiie use. A 8’ wide regional trail is located along Brown Road. The plans have provided pedestrian access to the trail via a path that would connect the main entrance to the west. A 6’ sidewalk is located along the south property line. Connection to the sidewalk has been provided to the main entrance. A path/trail will also be provided to allow pedestrian access from the residential building to the office use on the adjacent property. The 62 unit building on the 4 acre site would provide 15.5 units'acre of senior housing units at a variety of unit sizes and rental rates. The proposed RPUD zoning district would be the appropriate zoning district to provide the units/acre density requested. The RPUD district would allow the City of Orono to provide Page 3 of 10 id Broun Road to allow for traffic to safely access Highway 12. A righl-in ■out intersection would allow direct access from the site to Highway 12. re connection to the west would potentially be to Brimhall with a lighted section at existing Highway 12. This would reduce the amount of through on the residential propcny to the east. way 12 is scheduled to be relocated to the south. The existing 12 would classified and become a Hennepin County Road (Wayzata Boulevard). ieclion 10.61, Subd. 10, required off-street parking is approved as follows: af Parking Stalls: Required “ I per 200 s.f. ired = 1 per 200 s.f. of “net usable floor area for office use" stalls required = 97 stalls proposed = 97 >f Parking Stalls: ired = 140 spaces stalls proposed Required » 2 per dwelling unit (Section 10.61) 83 interior spaces . ^ 50 exterior spaces ^^ standards for a building designed for senior housing use may not require the parking standards. The applicants have stated they do not feel all the ng proposed on site will be necessary for the use. wide regional trail is located along Brown Road. The plans have provided strian access to the trail via a path that would connect the main entrance to »cst. A 6' sidewalk is located along the south property line. Connection to idewalk has been provided to the main entrance. A path/trail will also be ded to allow pedestrian access from the residential building to the olTice in the adjacent property. 52 unit building on the 4 acre site would provide 15.5 units/acre of senior ng units at a variety of unit sizes and rental rates. The proposed RPUD ig district would be the appropriate zoning district to provide the units/acre ty requested. The RPUD district would allow the City of Orono to provide Page 3 of 10 incentives to encourage projects which are consistent with housing goals. “Incentives may include modification of density and floor area ratio requirements for developments providing lifecycle housing and low and moderate cost housing.” The City has the ability to ensure the housing need, for lifecycle A housing, is m«. ( 207. U SO % The property was platted as Outlot F, Sugarwoods the parcel immediately south of the Sugar>voods neighborhood. The only buffer between the single family residential use in Sugarwoods is a 40' wide platted outlot that is owned by the Sugarwoods homeowners association. Restrictions were placed on each lot within the Sugarwoods neighborhood that prohibits removal of trees greater than 2" in diameter within the rear setback for those lots located closest to the proposed development. The property is located on Highway 12 and the City of Long Lake is located south of Highw-ay 12. Two lots that are located west of the project arc developed as the Orono Shopping Center and Conoco gas station. ^The apoll»nt hayfeiuested fiilahcial assi^fShce fronylKeXity of Or^o tcKailow'. for aflbrdable rthts.l Sucymet\ods i;ifclud\^th5/<freatioi\of a^Mi^cr imihu- proVjsj^ms orVeinjeursemt 14.The developer has proposed to plat the senior housing project as condominiums. ^ Each unit would have a separate legal description and tax statement. Under this ^ units would be owned by a non-profit agency and rented to the <\A^ \ occupants under the agreements established for the building. CONCLUSIONS, ORDER AND CONDITIONS THEREFORE, BE IT RESOLVED that the City Council of Orono hereby approves the General Concept Plan for a 62 unit building fo housing use and a 23,000 s.f general office building subject to the following City lenior 1.Plans and specifications for service line connectiorts for sewer around the pond have been approved per the design by Loucks Associates dated 2.Final grading, ^nage tmd erosion control plan showing existing and proposed contours, building locations, elevations, stormwater pond, utilities and erosion Page 4 of 10 8. control measures to be used during consmiction has been approved per the plans submitted by Loucks Associates dated___________. The Minnehaha Creek Watershed District and MnDOT has approved the storm\%ater plans and all appropriate permits have been issued to the applicant. Final engineering details and design are approved for the retaining wall per the plans completed by Loucks Associates dated___________.. Final sanitary sewer and watermain plans have been approved by the Public Works Department and City Engineer, per the plans completed by Loucks Associates dated___________. The sidewalk/trail connections shall be provided to the Brown Road trail along the east side of the property, from the property to the sidewalk along Highway 12, and between each of the proposed buildings. All trails shall be permanently owned and maintained by applicanl'property owner to provide pedestrian access through the site. Applicant has granted trail easements to permit public use of the trails. The parking lots shall be paved with concrete curb and gutter, driving lanes within parking lot shall have a 9-ton pavement section for trucks. A geotechnical evaluation of the soil shall be done in conjunction with the pavement design has been approved by the City Engineer. Applicants' architect has submited final development plans to the Metro Council Environmental Services to determine the exact number of SAC units to be charged at the time of the issuance of a building permit. Metro Council Environmental Services has determined the total number of SAC units to be charged is_________. The City has determined the additional Sewer and Water Unit Adjustment Charges and system upgrade connection charges to be_______units, of which ______will be defirred for the period established within the Developers Agreement and conditions of the Land Lease from the City of Orono to the building owTiers. Page 5 of 10 10. Appropriaitf trafTic and parking signage shall be installed subject to the Orono staff and City Engineer’s review, including required stop signs within the parking lots and service drive to ensure safe parking areas and pedestrian crossing within the development. H. The landynpg argm iw «thnwn on the above referenced site plan shall consist of vyherever feasible and ^hPH »^dhere to the above referenced Revised Plan Hnti»4 2/21/01 in reyards to planting species, sizes and locations Because the final road design and traffic patterns have not been established the flflfll plans shall be submitted with the Preliminary Plan set. .Ml landscaping shall be conform to the standards established within the RPUD and B-6 districts. IMust be approved bv DSU.) 12. Monument signs shall be provided at each entrance to the site. The signage shall be limited to a company name and/or logo and street address on the monument signs. Final signage plans shall submitted by the applicant and approved by the City Council. 13. Final lighting plan shall be subject to City staff approval and shall locate lighting so as to direct lights away from the adjacent residential neighborhood. 14. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality^ in Urban Areas". All erosion controls as required by the City shall be in place prior to commencing excavation on the site. Construction limits shall not permit removal or regrading of mature trees outside of the defined construction limits. City Engineer shall hold the right to require additional erosion control measures during construction, as deemed necessary , to ensure there is no erosion of the finished grades and no sediment is deposited off site or into stormwater maitagement facilities. 15. Additional improvements required are bury ing of power lines and installation of street lighting that would be character with the street lighting plans along Highway 12 in cooperation with the City of Long Lake’s street lighting program. Final plans shall be submitted and approved by the City Council. If necessary^ the City of Long Lake shall be consulted to comment on the proposed street Page 6 of 10 20. 21. 23. lighling program. Per the appropriate documents, including the ground lease and Development Agreements the financial assistance package for the senior housing site to ensure the property remains in use as a residential property for senior housing for long period of time have been approved. Approval shall be subject to the Council’s adoption of the RPUD district with the Final Plat Approval. The Prcliminaiy Plat approval is not an approval of Uic rezoning or Prcliminao Plat. 1 he rezoning and Comprehensive Plan Amendment shall not be approved until the Final Plat approval, subject to the Developer, and Cit>- enter into and e.xeculc a Developer’s Agreement and ground lease. Tlie City Engineer has completed an estimate of improvement costs, including but not limited to landscaping, grading, erosion control, utilities, pavement, trails, retaining walls and pond'outlet control structure construction and the applicant shall submit to the City a financial guarantee of_____________subject to a Developer’s Agreement being executed by the developer and City of Orono Drainage and Utility Easements shall be dedicated to the public on the final plat 10* along all exterior property lines and 5’ along the interior property line. Additional Drainage and Utility Easements shall be dedicated to the public on the final plat over all utility lines and rights of way. Final road easement to permit public ingres&'egress over the servicc'frontage road shall be granted to the public. Authorities granted by this resolution run with the property not with the owners, but are permissive only as set forth by the special conditions of this resolution will expire one year from the date of Council approval on that date (___________________. 2002). 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 Page 7 of 10 1 25. 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 Orono City Council on this _lh day of 2001. ATTEST: Linda S. Vcc. City Clerk Barbara A. Peterson, Mayor Property 0\Micr Property Owner Applicant STATE OF MINNESOTA ) ) COUNTY OF HEN'NEPIN ) The foregoing instrument was acknowledged before me on this _lh day of ___________, 2001 by Barbara A. Peterson and Linda S, Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was e.xecuted on behalf of the City. On this day of., 20 before me a Notarv Public uiihin and for said county, personally appeared knov^-n to me to be the pcison(s) described in and who executed the foregoing insmiment. and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MLNTNtSOTA ) ) ss. COUNTY OF KENT4EPIN ) On this day of 20__before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of within and for said county, personally appeared 20__before me a Notary Pid)Iic known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that hc(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 9 of 10 DraH 9/27/01 A RESOLUTION GRANTING GENERAL DEVELOPMENT PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 2 FOR ORONO AMBAR, L.L.C. AND APPROVING THE PLAT OF ORONO AMBAR - FILE #2640/2641 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws ol' the State of Mirutesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application by Orono Ambar. L.L.C. for suKlivision and development by the Planned Unit Development process of properly located within Outlot I-, Sugar Wotnls. Hennepin County, Minnesota; and WHEREAS, on March 12. 2001 the City Council adopted Resolution No. 4619 granting General Concept Plan Approval for the proposed development, which approval includes the follow ing elements: 1 . Subdivision platting of Outlot P to create two developable building lots; 2. Rezoning of each newly created lot; Lot I rezoned from B-1 Retail Sales Business District to B*6 Highway Commercial District, and Lot 2 rezoned from B-1 to RPUD Residential Planned Unit Development District. 3. Comprehensive Plan amendment to re-guide Lot 2 from Commercial to Residential use. 4. 5. Commercial site plan approval and conditions for proposed olTicc building on Lot I. Residential site plan review and conditions for proposed senior housing building on Lot 2. Use of TIP financing for development of Senior Housing on Lot 2; and WHEREAS, on 2001 the Metropolitan Council granted approval of the Orono 2000-2020 Community Management Plan including the re-guiding of lot 2 from commercial to residential use; and Page 1 of6 1 WIIFREAS, the Developer has submitted an executed Development Agreement relating to the Orono Woods Apartments between City of Orono, Orono Housing and Redevelopment Authority (hcreinaRcr "HRA"), and Orono Senior Housing I,LC for the City Council ’s consideration and final execution, which agreement sets forth the terms and conditions for the development of Senior Housing on Lot 2. including acquisition of the land by the HRA. ground lease to the Developer, Tax Increment Financing and issuance by the City of Niultifamily Senior Housing Revenue Bonds: and WHEREAS, the Developer has submitted executed Planned Unit Development Agreements 2A and 2B providing for the installation of certain improvements os a condition of site plan approval for the construction of on Office Building on Lot I and a Senior Housing Building on Lot 2 respectively, and which agreements document the general conditions for use and development of the property; and WHEREAS, the Devdoperer has submitted an executed Road, Drainage and Utility easement over the portions of drivewa>s in Lots I and 2 that provide potential future frontage road connections between Brown Road, Wayzata Boulevard, and properties to the west; and WHEREAS, the Developer has completed all other requirements of the platting regulations of the City including; 1. 2. Completion of all platting requirements of Preliminary Plat Resolution No. Dedication on the plat of Drainage and Utility Fasements. including dedication of a utility easement to allow for replacement of the existing municipal sewer line which must be relocated outside of the MnDOT right-of-wuy and onto Lot 2. Submittal of Minnehaha Creek Watershed District (MCWD) permit (No._J approving the grading and stormwater management facilities plan for Lots 1 and 2 per the Grading. Drainage and Erosion Control Plan. Sheet C3-I dated 8/16-01 . Submittal of the necessary MnDOT approval for the right*in. right-out access to Wayzata Boulevard, and confirmation that the MnDOT stormwater pond located southeast of Lot 2 has the capacity to accommodate the proposed drainage from development on Lots 1 and 2.. Page 2 of 6 Submittal of on executed Temporary Construction Easement in favor of MnDOT along the easterly 15 feet of Lot 2 to accommodate the planned future clianges to Uie intersection of Brown Road North and Wayzata Boulevard associated with the re* routing of tligh\say 12; and Payment to the City of Park Dedication Fee for the development of I.ol 1 in the amount of $___________. Payment to the City for the legal review and filing of the plat agreements, casements and covenants in the amount of $ _______. 8. Payment of the final plat fee in the amount of S, WHEREAS, for development sowing purposes the Developer has divided the project into two phases. Phase 1 being the Senior I lousing component on Lot 2. and Phase 2 being the Otficc component on Lot 1, the intent being to commence Phase I construction in late 2001 and Phase 2 construction in 2002; and WHEREAS, City stall and consultants have reviewed the plans for this comprehensive application and hcreb> specify approval of each enclosed plan and identify them os part of the olficial record fur the Oronu Ambar subdivision and Planned Unit D cn elopmenl No. 2: 1. Approval of site plan for Phase I & 2 per Site Plan per Sheet C2-I dated 8/16'01. 2. Approval of Grading. Drainage and Erosion Control Plan for Phases 1 & 2 per Sheet C3-1 dated 8/16/01, subject to the additional requirements of the MCWD in Pi- nil No.____. 3. Approval of Utility Plan for Phases 1 & 2 per Sheet C4-I dated 8/16 01. subject to the additional requirements specified by City Engineer Tom Kellogg in his letter dated _____. 4. Approval of Grading. Street and Utility Detail for Phases I & 2 per Sheets C9-1 and C9-2 dated 8/16.01. 5. Approval of Landscaping Plan for Phase 2 only per Sheet LA-1 doled 8/19/01. Page 3 of 6 Acceptance of floor plan and facade elevations for the Senior Housing building on Lot 2 (Phase I only) per Sheets A3.1 through A3.5 by MHWB Architects and Planners dated 9/19/01. Approval of site Lighting and Signage Plans per Sheets _________. 2001. and dated Preliminary' approval of building design plans for the Oft ice building on Lot 2 (Phase 2) os described and documented in Resolution No. 4619. NO\V,TH£R£FORE, B£ IT R£SOLV£D that based on the findings of Resolution No. 4619, the City Council of the City of Orono docs hereby approve the plat of Orono Ambar. Hennepin County. Minnesota and grants General Development Plan Approval for Planned Unit Development No. 2. subject to the following conditions: 1. General Development Plan Approval is granted subject to conditions establiihed within Res^dution 4619 and subject to the conditions established within the Development Agreement. PUD 2A and 2B Agreements. TIP financing documents, and other pertinent documents. 2. Upon the final approval and execution of the the resolution approving the plat of Orono Ambar. the City Council of Orono shall formally approve an ordinance amending the official zoning map of the City to rezonc Lot I. Orono Ambar from B* 1 Retail Sales Business District to B-6 Highway Commercial District, and to rezonc Lot 2. Orono Ambar. from B-1 Retail Sales Business District to RPUD Residential Planned Unit Development District, and amending the Orono Zoning Code by adding language establishing Planned Unit Development No. 2 (PUD-2) to include Lots I and 2. Orono Ambar. 3. Upon execution of the final plat of Orono Ambar. the City Council shall direct the Mayor and Clerk to execute other documents required by this subdivision and PUD re/oning. including but not limited to the following: "Dc\clopment Agreement Relating to Orono Woods Apartments (Including Tax Increment Financing District No. 1 -1) Between City of Orono. Orono I lousing and Redevelopment Authority and Orono Senior Housing , LLC"; "Planned Unit Development No. 2A Agreement for Orono Ambar Office Building"; "Planned Unit Dcxclopment No. 2B Agreement for Page 4 of 6 Orono Woods Apartments”: and any documents related to the TFF financing and issuance of the Multi family Senior Housing Revenue Bonds. 4. Final building design plans for the Office building on Lot I (Phase 2) shall be subject to City Council review and approval prior to issuance of permits for said building. 5. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before _______. 2002 together with a certified original copy of this resolution and executed copies of the agreements, easements, and covenants pertinent thereto. FURTHER* BE IT RESOLVED that the City Council hereby declares that the conditions of Resolution No.____vacating an existing unus^ sanitary sewer easement within Outlot F, Sugar Woods, have been fulfilled, and said vacation shall be effective upon filing of Resolution No.___with the Hennepin County Registrar of Titles OfTice. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdi\ ision review. Adopted by the City Council of Orono this____day of._.200l. ATTEST: Lindas. Vee.Cit> Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this . iJay of..,2001 by Barbara A. Peterson and Linda S. Vee. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the City. Notary Public Page 6 of 6 ORDINANCE NO..SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO AND AMENDING THE OFFICIAL ZONING MAP BY REZONING PROPERTY WITHIN OLTLOT F, SUGAR WOODS, HENNEPIN COUNTY, MINNESOTA FROM B-l RETAIL SALES BUSINESS DISTRICT TO B-6 HIGHWAY COMMERCIAL DISTRICT OR RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND ADDING SECTION 10.53 SUBDIVISION 9 REGARDING PLANNED UNIT DEVELOPMENT NO. 2 - FILE M640 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has approved the rcplatting of Outlot F, Sugar Woods. Hennepin County, Minnesota into Lots 1 and 2, Orono Ambar, Hennepin County, Minnesota; and WHEREAS, the City Council has approved the rezoning of said Lots 1 and 2 per the findings, terms and conditions of Resolution No._______adopted____________, 2001, and the ceratin PUD Agreement between Dunbar Development Corporation and the City of Orono dated .2001. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORONO DOES HEREBY ORDAIN: Section 1. The Municipal Code of Orono is amended by amending tlic ofTicial zoning map and zoning district boundaries for the property described as follows: Lot 1. Block 1. Orono Arobar. Hennepin County. Minnesota. Said property is hercb\ rc/oned from B-1 Retail Sales Business District to B-61 lighway Commercial District. Section .. The Municipal Code of Orono is amended by amending the ofTicial zoning map and zoning district boundaries for the property described as follows: Lot 2, Block I, Orono Ambar. Hennepin County. Minnesota. Said property is hereby rezoned from B-1 Retail Sales Business District to RPUD Residential Planned Unit Development District. Page I of3 ScctioB 3. as follows: The Municii»l Code ofOnmo is amended by adding Sectioa 10.53, Subd.9 to read -Subd. 9. PLANNED UNIT DEVELOPMENT NO. 2 - DUNBAR PUD: Legal Description. The PUD is legally described as Lots 1 and 2. Block 1, Orono Ambtn, Hennepin County, Minnesota. Lot I. Block 2. Orono Am bar when referenced individually shall be bereinaOer referred to as PUD NO. 2A. Lot 2. Block I. Orono Ambar when referenced individually shall be hereinafter referenced as PUD NO. 2B. Incorporated herein by reference arc the DUNBAR PUD plans received by the City on ___________, 2001. on file in the OITice of the Zoning Administrator under File #2640/2641 . Allowable Uses. The uses allowed in the PUD are as follows: Uses allowed in PUD NO. 2A are any permitted or accessory uses allowed in the B-6 Highway Commercid District. Uses allowed in PUD NO. 2B include the following: Senior independent living housing, limited to one (I) building, subject to the performance standards of the RPUD Zoning District and as further limited within City Council Resolution No. on file in the Office of the ^ning Administrator under File #2640/2641. Any accessory ’ use as regulated in the RPUD District, except as further limited within City Council Resolution No.____ on file in the Office of the Zoning Administrator under File #2640/2641. Development Standards. Development standards shall be as indicated on the approv ‘d PUD General Development Plan as documented within City Council Resolution No. . on file in the Office of the Zoning Administrator under File #2640/2641.- Page 2 of 3 1 .•i i IL ScctioB 4. This ordinance shall be published in The Laker and The Pioneer newsp^ier and shall be effective upon publication. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 8lh day of October. 2001 by a vote of___ayes and____nays. ATTEST:Barbara A. Peterson, Mayor Linda S.Vee. City Clerk Page 3 of3 SEP-24-20B1 10:38 MJSK Ihf«STT€NT BPhKERS 763B47732B P.01/08 L Miller Johnson Steichen Kinnard DATE TO: FROM: SSOO Wayiata Bovlcvard 14*^ Floor MiMeopolU,MN 55416 Plione: (7^) 542-6000 Fu: (703)847-7328 Tolocopier Cover Sheet I i?bn l^bor&e./fV\ikl^ UQ-ffr^Vi oo s{‘tve^1Lo^i\hf"h/ShLviy\ UIC^^ -^^?7-SrSSS Pi -fifclgV Pv4LViii Dor\Laf' ^^3-^7^^>1^5 Crai^ £nrt>_______ (763) %An-n3^i TOTAL PAGES TO FOLLOW: _______________ COMMENTS: ^.gt/i^grl cSll »wyy\A r-| d*f T^rrvi^ .Orcfrciju-fi^pi^ Li^>_____________ Thn infaniwilofi to follow !■ ol conftdontiol nature and should bo doUvorod to its Intandod reclptent InaMdiotdjr. If you do not raotivtddo fax in its «nttnty,pl«OMcan Rhonda at (7«3) 847*7338. SEP-24-2001 ie>38 hJSK I^R.€ST^ENT BPNCERS S«|rteniber 24,2001 7639477328 P.02/08 $8,070,000* C ity or Orono , Minnesota Senior Housing Revenue Bonds (Orono Woods apartment Project ) SERIES 2001 Sumintiy of Terms AmMittt: Istver! Berrewtr Tnistec: Dcrelepert TIui Project: Um of Proceeds: Form of Bead Sale; Maneglog Undenviiter: Tax States; Series A: Senes BCTaxable): Seriea C (Subordmatc): S7.585.000* S235.000* S250.000* The Qty of Orono. Minnesota (the “City’^, a body coqiorate and politic, will serve as Issuer for the Bonds. Orono Senior Housing LLC, a Minnesou United liability oorapany. The sole member of the Borrower is the Wedum Foundation, a Minnesota not-for-profit corporation, qualified to do business in the State of MumeaoteC'^edtmi”). Wedum is an organiation described in Section 501(c)3 of the Code and exempt firom taxation under Section 501(a) of the Code. US Bank Trust will serve u the Trustee for the Project. The Developer for the Proj'ect will be Dunbar Developcnent Company, a Mmneapolu ba^ limited UabiUty corporation. The Project to be known u the Orono Senior Living Facility is a 62-unit independent living project to be located in the City of Orono, Minnesota. Bond proceeds will be used for; the construction of the Project, partial funding of the costs of issuing the Bonds, funding of a Debt Service Rescr.e Fund for the Bonds, and funding capitalized Jiterest during the construction period plus five (5) months. The Bonds shall be sold on a negoUited tale basis to the retail and institutional marketplace. Miller Johnson Steichen Kinnard shall aerve as the exclusive managing underwriter for the structuring and sale of the Bonds. Interest earnings on the Bonds shaU be exempt firom taxation under Federal law. The Bonds shall not be subject to the Alternative Minimum Tax under Fedcial tax law. The Bonds will be subject to bank qualification and consequently will be eligible for purchase by banks. •Pnlimmary, suhtlKt n chaago.Miller Johnson Steichea Kinnard, Inc. •1 J SEP-24-20B1 10:38 ttJSK INUESTrtNT BPT«<ERS 763B477328 P.03/08 8«Im a. Tbt ibaQ have a 18-ycar final maturity and •Kail amortia mrcr a 3S>yaar mn achedula. SarlaaB. Tte Bondi iball amoitiaa in yam 2004^7. 8arl«C. The Bondi ihaUamoitizB over 30 yean. InttrwtRala EitimatedmttrettniteiareasfoUowf: Series A: Series B: Series C: 6.125% 8.00% 9.00% (SerieeAAB): Mandatecy Bedrftien: MaufeBMit Contract: Sonreesaad Vms ofFwidi: The Bommer, wifi* die approval of die Issuo. i^ at dieir option may redeem any or all of die outstanding principal of die Bonds on any interest paynient date with 60 dayi prior notice according to the following nchcdule: Years M Years Ycar6 Year 7 and Thenafker No Optional Redemption 102'*/* of Par Value Outstanding 101% of Par Value Outstanding Par Ihi Borrower shall redeem Series C bonds w th 50% of excess ftitiityi cash flow upon project atabilixatioc. Annual tutu cash flow be defined as cash flow after the S ea A and Series B Bonds have been paid and aflar the repeir enc replacement fund has been flinded. Tha Borrower will enter into a Management Contract with Oreat Lakes Management hioorpoated, a Minne^ for-profit corporation. The Management Contract entered itiio with Oreat 1*1^ will conform to tha **Manageinent Contract Rules** u provided for in Federal tax law, without any impainneot to tha ux-«xcropt natuR the Bonds. An approximatic!! of die Sourees and Project is as follows: Sairttr Par Amount of Series A Par Amount of Series B Par Amount of Series C Equity Contribution Total Sources; sea of Funds for the $7^85.000.00 235.000.00 350,000 00 SiJOMim Underwriter*! Discount Cost of Issuance Debt Service Reserve Pond Capitalixed Inte;est Fund <thru 4/1 A)3) Project CoDStmetion Fur.d_______ 195.500.00 194.806.00 547.828.76 575.267.76 5,139,780.76 Miller Johnaon Steichen Kinnard, Inc. SEP-24-2001 ie>38 MTSK INUESTTENT BRN<ERS 7630477320 P. 04/00 OptraltaiDcfidtt Gor—tt: Debt S«nr|ct lUsenre Fud: Scevity for tbt Bobdi (SorlMAJkB): Land Acquiiitiaa DcwalopoMat Fee Aiehiteeti^ and Eatineerinc Furniture, Fixtures St EqiufmeBi Management 50103 Orgnizatiooal Costs RoundiBg Amount 122,000.00 235.000 00 164300.00 73311.00 70.000 00 50,000.00 2,305.72 Total Uses:51Q70.000 00 The Borrower daU provide an Operating Deficit Ouarantee in the form of cash or a Letter of Credit in an amount equal lo S250,000. The Trustee may draw on this Ouarantee after the Frqjeet Stabilixation Account has been exhausted and, in the evant that the revenue firom operatians of the Project are insufficient to pay operatioDal expenses and debt service on the Bonds. This Guarantee will expire upon twenty*four months of continuous operations of the Project at a debt service coverage taboof l.lSx. A Debt Service Reserve Fuod will be created and fundad from Bond proceeds m so amount equal to avenge one year principal and interest payment on the Bonds. The DdH Service Reserve Fuad will be held by the Trustee for the benefit of the Bondholders and invested to the benefit of the Borrower. The Bonds will be secured u follows: First security interest snd nortgage oo the property iaeludtng the land, building and peraooal propwty associated vriih the Project. The City of Orono will hold title to the land and ground lease the property to the borrower for 99 years. The annual ground lease payment shall be SI .00. City of Orono Tax Incrsment aasisianco. Debt Service Reserve Fuod as described above. Operating Deficits Ouirantee as described above An assignment of the Msnagement Contract and any and all operating licenses and peimiu which may be assigned undo Minnesota State Law, MiFer Johnson Stdehen Kinnaid, Inc. FEP>24>2BB1 10138 MJSK INUE51TCNT BPN<ERS 7638477328 P.^5y?B SMwtIsrferllM (SifiMC): riMWtalCOVMMlts/ TiCtoilllf: The Bonds will be secured u follows: • A Moond martgsfe on the Project • Psymtnt oo the Scries C Bonds will be subordinate to the Series AAB. • Mamtcnanoe of 501(c) (3) tax«cxeimit statues. • The Borrower riwU maintain all excen project cash flows in an operating reserve fond until the balance equals S27S.000. • Provisian for addrtiortal bonds only in event of a natiaoally lerognised feasibility oonauhant study which shows combined pro forma debt service coverage of 1^0%x mininiuin for a projected S years beyond the safe of the additional debt • Afreemant to provide a rate structure whv:h will mswe a l.lOx debt service coverage for the life of the Bonds. • Other financisl covenants to be negotiatad between the Borrower and the Underwriter. • An MAI appraisal on the land showing! market value of ■ minimum of S822.000. • A repair end replacement fond requirement equal to SISO per unit per yor commencing 24 months slier Ceniiicate of Occupancy. Miller Jedmson Steicben Kinnard, Inc. SEP-24-2001 10: S tU9< IHUEST^C^rr BROKERS C ity or 0B0I40, Minnesota Senior Housing R evenue Bonds (Orono Woods atariments Project ) Series 2M1 R eviser Dsturution List OwmMT Sh««mB«us Onoo Seoio^buting, LLC C/o Wedum Foundation 3191 Shofcwood Drive Aldan HiUs.MN SSU2 Tun lMX»a CQop^gmail mm coiB pwiur'a Cmtautl Jamei Christofifel CbristofblAEmot.P.A nil Piper Jaffiay Plaza 444 Cedar Street St. Paul, MN SSlOl-2129 entn Ronald Moorse Michael Oaffiron City of Orono 2750 Kelley Paricway On»o.MN 5S3S6 651-636-S530 6S1-636-SS30 651-224-0244 9S2-249-4600 952-249-4600 7638477328 P. 06/08 651-633-0312 651-633-0312 651-224-0550 952-2494616 952-249-4616 Miller Jofanaon Steichen Kiimard, Inc. SEP-24-2001 ie>3B tirSK INUES1TCNT BROKERS 7638477328 P.07/08 Ou/BtUCQmH Stq)hea Rofholt Steven Likes Faegrt & Benioo 2200 Wells Fargo Center 90 South Seventh Street Mubw^mUs. MN 5S402-3901 Mn4liolBfStfiepe.com «incei/S)faegrc.com dry Russell Fifield Ehleia k. Associates 3060 Centre Point Drive Roseville.MN 55113-1105 pj^^y^gehjap-iTp.COm 612-766-8729 612-766-8057 651-697-8506 612-766-1600 612-766-1600 651-697-8555 PrmlMtC99r4iH9t»r Prank Dunbar Dunbar Development 5000 Oleowood Avenue. Suite 200 Minneapolis. MN 55422 Fed ddcfilvisi.com UnknrrHfr. David Juran Ralph McGinley Miller Johnson Steichen Kinnard, Inc. 5500 Wayzau Boulevard, Suite 1450 Minneapolis, MN 55416 nncginlev^^>miKk.eom 763-377-7090 763-377-7089 612-599-9092 (ceU) 763-847-7327 763-847-7322 763-847-7328 763-847-7328 KfiUer Johnson Steichen Kinnard, Inc. SEP-24-a0Bi ie>3B MJSK INUEST^ENT BPT«(ERS 763B477 32 B P.eB/QB Vmd0rwtUtir*t Cmun$d Monif Knopf DmNeltaii Boot A Flanagan LLP 601 Second Avenue South, Suite 4000 MinaeapolU.MN 55402 ^*w.com m To be dctenniaed rwuiife To be detenmned OuukLIiamt OnigSUro Virehow KrattM 601 Carlson Parkway, Suite 600 Minnetonka, MN 55305 Phoat m 612-341-9714 612-349-5649 612-339-SI97 612-339-5897 952 404-5173 952 473-2195 Miller Johnaon Steichen Kinnard, Idc. 1 I / TOTPL p.ar Ji QEWIAL Wm «e Mca m IDIAA» Mff *>4 sffi2«L;r-"* UNIT TABULATION- I------------AV* %• lOACO* OMt XT tmm SSm» ; u^A-*....• 4 ••t 1 1 f1 1 lla^t •••.,■ •II •4 •4 II «0V4k4O-» mnmnt 9 •444* DM ttCTOI AT MKC4iZJ t •4*PV« to C0U#« >f wc^T coi^ SAS€M<j^T LeMtL H'/ .h i.\ .-»-- -. ■ ■■''-___- -^-^ «»-~«»»..<ar«i,.l,-..--■'^■, REQUEST FOR COUNCIL ACTION Department Approval Name Wendy Bonenberg Title Zoning Adminsiralor/Planner “ “'ETINQ DATE! 10/3/0 1 CT ITEM NO.: 7 Agenda Section: Zoning 1 Itein Dcfcription:M)l-2688 Kirtland Woodhousc/Nlichael Winlon 1780 Shoreline Drive Lot Line Rearrangement Zoning DistHct: Lot Area: LR-1A One Family Lakeshore Residential District (2 acre) East Parcel - 2.83 acres (d v) Middle Parcel • 2.76 acres (dry) West Parcel - 2.83 acres (dry) Lilt ofEaliibiti: A Resolution B Final Sun ey C SiafT Report and E.xhibits of 6/18^001 Application Summaty: This application was approved by City' Council on June 25.2001. Due to its complexity the county sur\ eyors office rejected the application as a lot tine rearningement. They required the changes to the lot lines be recorded as a Registered Land Survey rather than a lot line rearrangement with sur\ ey. The lot lines on the mylars submitted do match the proposal that was previously approved. A new resolution has been drafted to go along with the Registered Land Survey. STAFF RECOMMENDATION Stafl* recommends approval of the lot line rearrangement os a Registered Land Survey subdivision. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution, A RESOLUTION APPROVING THE REGISTERED LAND SURVEY OF A LOT LINE REARRANGEMENT LOCATED AT 1780 SHORELINE DRIVE FILE NO. 01-2688 WHEREAS, the Cit>' of Orono is a municipal coqwralion organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinalk*r "City Council") has adopted subdivision regulations for the orderly, economic and safe develupmcnl of land within the City; and WHEREAS, the City Council on June 25. 2001 adopted Resolution No. 4668 approving a lot line rearrangement subdivision by Kirtland C. Woodhouse. (hereinafter "the applicant") and David M. Winton. (hercinaOcr "the subdivider") of properties legally described us follows: Exhibit “A" attached (hereinaAer "the Property"); and WHEREAS, Heiuicpin County has required that this subdivision be recorded as a Registered Land Survey; and WHEREAS, the property, upon recording of Registered Land Surv cy No. . shall hence forth be known as Tracts A. H. C and I). Registered Land Survey No. . NO>> , I HEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the Registered Land Survey of the above referenced property by the sul'dividcr as shown on the Registered Land Survey by Mark S. Gronberg. a licensed survevor of Gronberg & .Associates, dated and rev ised September 28. 2001. and attached to this resolution as Exhibit B. subject to the following conditions: I. The aforesaid division as shown on the attached registered land survey shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before April 8.2002 together w ith a certified original copy of this resolution. Page I of 3 The approval granted by this resolution shall expire if the division has not been filed by the date speciOed above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono. Minnesota this 8* day of October. 2001 . ATTEST: Linda S.Vee. City Clerk Barbara A. Peterson. Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8 th day of October. 2001 by Barbara A. Peterson and Linda S. Vec. Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of3 Exhibit A existing legal OESCR iPTIONS ; EAST parcel : SouthvtdSrl/ line ot**old**fr«ei A*-;lint tran o paint on Iht Of Tfcet 8.to 0 point on tht North,:i?i??! f? '*! l» of tnt iTx>tt E:«ttrl» earnt? of 0 JuPiciei ien<r«ri. pioetd ot t-i T:** 83 t«t: Nortn-t»t#*i,All in R.,i.fr.d Lend S-r.ty No. 2a5. A; Miootc PAUCEL : Mnt‘of^a?dSr«ri*aiiten|"lo*ft^;*Ni?,S:,?.!‘7* '^'.^’2 '•’*"«»«*'»* ‘h« Eouth.ttttMy • root B. to o point on tht no«-thtc*;tMy'V*?I‘2f J-?n T?L7“a'-.*®V*'’f'’i< e*'"*'’ of toid ^ of tht ^»t Eattorly eorntr of soic Tract O T?L?; c o *• f**‘Surt.y NO. 2*3. Pi It. of Rt,i.trer ef *" Land V.EST parcel : TfccU C entf I: l»n« droln^parol let iTth cnd^lo^fttSsutn-esttr ly of e AM in Rt,i.t.r.d Lc-d Surety Page 3 Of3 A|iplkalio« Dale: S/2J/0i 66 Day Dtadliae: 9/20/01 REQUEST FOR COUNCIL ACTION Dcpaiimcal Approval: Nanc Wendy Bottenbcrg Title Zoning Adminstralor/PIanncr DATE: 6/20/01 ITEM NO.: Af eada Sectfoa: Zoning Item DescripHoa:iOl-2688 Kirtland WoodhouscMichoel Winton 1780 Shoreline Drive Lot Line Rearrangement Zoalag Dlitrici: Lot Area: LR-IA One Family Uikeshorc Residential District (2 acre) East Parcel - 2.83 acres (dry) Middle Parcel • 2.76 acres (dry) West Parcel • 2.83 acres (do) LUtofEaMbite: A Resolution D Final Survey C Stair Report and Exhibits of6/18/2001 Application Summary: The applicant is requesting a lot line rearrangement for properties located at 1780 Shoreline Drive. Winton is selling the entire property (except for the two adjacent Fo.xhill lots which are not part of this application) to W^oodhousc. The property consists of three separate building lots which were created by RLS No. 245 in 1953. The three lots were separated from the remainder of the land in RLS 245 with the plat of Foxhill in 1965. The east parcel and middle parcel have residences existing on them. The west parcel is vacant and has been since 1953. Ilie lot line rearrangement is to fulfill requirements outlined in Resolution tf 1864 adopted at the time the guest house on the east parcel was granted a CUP in 1985. The intent of the rearrangement is two-fold: 1) to create a conforming cast side setback for the existing home on the middle parcel; and 2) to make the west parcel slightly wider at the intended building site. The 6/18/01 staff memo discusses the basis for defining fronl/rear/sidc lot lines for the east, middle and west parcels. A segment of the private road/driveway was chosen by staff as the “front" lot line for the vacant west parcel, which allows the lot width to be measured at the 50* setback paralleling that line. The technical need for a lot width variance prior to construction is then negated, fhe private road/driveway segments adjacent to the west parcel will remain as a separate tax parcel either owned in common by the owners of all 3 lots, or owned by one of the three with casements granted to the other two. M01-268S d/20/01 Page 2 PLANNING COMMISSION RECOMMENDATION Neighbors present at the Planning Conunission public hearing on June 1 8 expressed concerns that a third and probably very large residence would be constructed so close to their more modest homes, that that residence would use the private driveway/road os access and create more traHic. especially during construction, virtually in their back yards. It was pointed out to the neighbors that the west parcel is a lot of record, and eligible as a buildable lot; no new lots ore being created. It was also noted that the driveway ser>’cs the two developed lots and the vacant lot because it is not possible to access those lots through the wetland, and access from the north off Heritage Lane is not feasible due to the steep topography. It was also noted that only the easterly lot will have lake access. The Planning Commission recommended by a 7 to 0 vote to approve application as presented. STAFF RECOMMENDATION Staff recommends approval of the lot line rearrangement os presented. COUNCIL ACTION REQUESI'ED: To adopt or amend the enclosed resolution. A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 1780 SHORELINE DRIVE FILE NO. 01-2688 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council**) has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a a lot line rearrangement by Kinland C. Woodhouse. (hereinafter “the applicant**) and David M. Winton, (hereinafter "the subdivider") of properties legally described as; Exhibit “A** WHEREAS, the property consists of a number of tax parcels which comprise three buildable parcels shown on Exhibit ‘*A** as the east parcel, the middle parcel, and the west parcel, in addition to a number of smaller tax parcels comprising a private driveway; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 ct. scq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 18.200 1, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the subdivider has completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement fordivision and combination purposes, resulting in the relocation of the common lot boundary between the east parcel and the middle parcel, and between the middle parcel and the west parcel, as shown in the survey attached as Exhibit "B** resulting in a new legal description for each of the east, middle and west parcels as shown in Exhibit “C**; and WHEREAS, 'he subdivider is meeting the intent of Resolution #1864 adopted in 1965 creating a conforming side setback for the existing residence on the middle parcel; and Page 1 of 6 WHEREAS, the intent of the rearrangement between the middle parcel and the west parcel is to make the west parcel wider at the intended building site; and WHEREAS, the west parcel is considered by the City of Orono as a buildable lot of record and the City has accepted the principal structure setbacks as shown on the survey in Exhibit “B”, and has determined that the west parcel as described in Exhibit C meets the lot area and width rquirements of the LR-IA zoning district. NOW. THEREFORE, BE IT RESOLVED, that the Cicy Council of the City of Orono hereby approves the lot line rearrangement of the above referenced property by the subdivider as shown on the certificate of survey by Mark S. Gronberg. a licensed surveyor of Gronberg A Associates, dated and revised June 22.2001, as attached in Exhibit “B". subject to the following conditions: I. Applicant shall provide a title opinion for the proper^ conTirming ownership and encumbrances. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Heimepin County Recorder’s Office or Registrar of Titles Office on or before December 2S, 2001 together with a certified original copy of this resolution. 3. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 23* day of June, 2001 . ATTEST: Lindas. Vee,City Clerk Barbara A. Peterson, Mayor Page 2 of6 I STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 2Sth day of June. 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said iiutrument was executed on behalf of the City. Notary Public Page 3 of6 i if.i' /., ':V ,, , Exhibit A EXISTING LEGAL DESCRIPTIONS : EAST PARCEL thf carntr All thol port of Trcct A, R.L.S. Kz. 2<5 l/‘*!9 Scut^f''ly of 0 l»n# drc«n from c po«n* on SouthNOSter ly line of loid Trod A clstont £0 feet N^r tn«ester ly of the mo*t Ecstedy car a! li? ^ } L M n e ; s t e r I y ime of loid Trcct A Sistcnt 80 feet Nor th-t ster i, Aii® i D^*®I i pioc«8 ot t-e inttruction of tne Ecst one Nortreosteriy lirei of loic Trc-t A-All in Registered Lord Survey No. 2^5. F.i,, of Rcg.slrcr of Titles. County of Hennep.n * MIDDLE PARCEL ; from 0 point on the SouthAtstsr ly Trcwt 0 distont 80 feet Nor tn*fiter ly of the most Southerly corner of soid ^ of the^rJeit FaStw®rAiIIIr”S#^ ® distant 80 feet Nor th^ester lyof the ^st Eostor y corner of soic Troct 5; Trocts C ond 0; All in Registered Long Survey No. 245, Files of Registror of Titles. County of Hennepin. V.SST parcel : Trocts E end I; i Trocts C ond J ond Soulneester ly of 0 AM R#dS?I?ii I Eosterly line of soid Trcct H;All in Registtred Lc-i Survey No. *45. Files of Registror of Titles. County of Hennepin. Exhibit C PSCPOSEO LtCAL C£SC«lPTiCK^ : (rt^.f with Torrens Office) EAST PAJtCEL :All thot port of Trod A. R.L.S. Nd 245 lying Sowtherly of o line drc»n from c pomt on the SouthwesterIy line of soio Troct A distont 80 feet Nortnwester Iy of the most Ecsterly corner of Trcct S.to o point on the Nor tntoiter i y line of foiO Trccl A distent 80 feel Nor tn«t ster I y ^ of o iudicicl Icn^TxirV oicced ot thf intersection of the Ecst end Nor theoiter I y lines of soid ir::t A; EXCEPT thet pert of soid Trccl A dtscrited os follows: Beginning ot the most ecsterly corner of Troct C: ther.ee eosterly clona tn# easterly eitension of the southerly line of soid Troct C to its intersection with the northerly eitension of the middle segment of the westerly l.ne of s:*d Troct A. thence southerly clong scid eitension and middle segment to the northerly cngle point •- soid •este'^'y line; tnence nor thwester i y olong the northerly segment of soid westerly lire to t*e point of beginning. All in Registered lend Survey No. 245, Files of Reglstror of Titles. County of Ht-repm. MIOOLE PARCEL :All thot port of Tract B lying Southerly of o line drown from o point on the South«ester ly line of soid Troct B distent 60 feet Nor thwester i y of the most Southerly corner of soid Tract B. to o point on the northeosteriy line of said Tract B distent 80 f«ft NorthwesterIy of the most Eosterly co'^ncr of soid Troct B; Troct C; that port of Troct 0 which lies easterly of the following described line ond its eitentions: Ccnmencing at the most southerly comer of said Troct 0; tnence cn on osstrvd bearing of North 68 degrees 51 minutes 20 seconds West along the southwesterly line of said Tract 0 o distonce of 119 03 feet to the point of beginning of the line being described: thence No»th 4 degrees 40 minutes 05 seconds West 0 distance of 716.feet; thence North 22 degrees 53 minutes 21 seconds West to the northerly line of soid Tract D. and soid line there ending; thot port of Tract A described cs follows: B«;inning ot the most easterly corner of Tract C; thence easterly olong the eosterly extension of the southerly line of soid Trod C t'' its intersection with the northerly extension of the middlf stgmint of the westerly line of said Troct A; thence southerly olong sold extension on: middle segment to the northerly onele point in soid westerly line; tnence nor thwester ly olong the northerly seonent of soid westerly line to the point of beginning; All in Registered Lond Survey No. 245. Files of Registror of Titles. County of Hennepin. WEST PARCEL : Trcct I;All thot port of Troct Z which lies westerly of the following described line end >ts eitensior.s Canrr^ncing ct the most scutnerly come'’ of said Trcct 0. thence on on osstrred bearing of Norln 61 decrees 51 minutes 20 seconds West dong the southwester I y line of soid Trod 0 o distonce of 119.03 feet to the pent of beginning of tnc line oeing described, thence North 4 degrees 40 minutes 05 seconds West o distance of 716 S3 feet, thence North 22 degrees 53 minutes 21 seconds West to the nartherly line of so^d Trod 0. ond said line there ending; All in Registered Land Survey No 245. Files of Registrar of Titles. County of Hennepin. PRIVATE ROAD PARCEL :Troct E; Tract H except thot port thereof lying between Trocts C and J ond Southwesterly of o line drown porollei with ond 20 feet Westerly of the Easterly line of soid Troct H; All in Registered Lond Survey No 245. Files of Registror of Titles. County of Hennepin. Page 6 of 6 CER^FICMEQ qI^ Q 1^2 ^ IN R/L. 5. No. 245 .M. iri*nuri! TII*B I*• ( •* • liik«0 II IJltLlt IM »*•#•••< I#**!.#** •». —w g*»*#*«f cr«««<»lt >-llJs:sn hIo OJiiO UlU; Ov^ J..AI.V ?t 1 •'/- TO: Chair Mawn and Orono Planning Commission Members Ron Moi>rse, City Administrator FROM: Wendy Dottenberg. Zoning Administrator/Planner DATE: June 14,2001 SUBJECT: ^01-2688 1780 Shoreline Drive Lot Line Rearrangement Zoning DUlrict: LR-1A One Familv Lakeshorc Residential District. 2 acre. Septic Lot Area: Last Parcel 4.24 acres Middle Parcel 4.30 acres West Parcel 2.17 acres List ofEahibiU A Application B Applicants Proposal C Surve> (Existing) D Sur\e\ (Proposed) H Topographic Map L Plat Map G Septic Report H Rcstdution «^1864 I Location Map J RLS ^245 Survey Summary of Request The applicant has proposed a lot line rcanangement for properties located at 1780 Shoreline Drive. l‘he property consists of three separate building lots which were created by Registered Land Surv cy No. 245 in 1953. The three lots were separated from the remainder of the land in RLS 245 with the plalofFoxhill in 1965. The cast parcel and middle parcel have residences existing on them. The west parcel is vacant and has been since 1953. The lot line rearrangement is requested to fulfill requirements outlined in Resolution ^ 1864 adopted at the time the guest house on the east parcel was granted a CUP in 1985. (L.xhibit G) The intent of the rearrangement is two-fold: I) to create a conforming side setback for the existing home on the middle parcel; and 2) to make the west parcel slightly wider at the intended building site. HiMhihouse 1780 ShortUnt Ortve Lot Line Rtarranft^ment 6 14 01 Pitge I ANALYSIS Lot Configuration LR-IA (2 Acre) Required Actual - Do Actual- Wet Total Acres (Hxi.sting) Dry Acres Total Acres (Proposed) Hast Parcel 2 acres 2.85 acres 1.4 acres 4 25 acres 2.83 acres 4.23 acres Middle Parcel 2 acres 3.4 acres .99 acres 4.39 acres 2.76 acres 3.57 acres West Parcel 2 acres 2.17 acres ............2.17 acres 2.83 acres 3.01 acres LR-1A Zoning Standards for Lots Lot Area Hot Width Front Yard Side Yard Side Yard Adj Street Rear Yard 2 acres 200 feet 50 feci 30 feet 50 feet 50 feet Septic All three properties arc ser\ iced by on-sile sewage ircaimeni systems. Matt Boltcrman, On-Site Septic Manager, has reviewed the septic sites and has determined both the primar>' and alternate drainfield sites meet all City and State standards. The site evaluations were completed by Swedlund Septic Ser\*ice. ITic existing sites on the east parcel and middle parcel arc conforming systems and would not be impacted by the lot line rearrangcmeni. Access All three lots currently have access by a private driveway off Shoreline Drive. This access would a*main the same. The driveway is located over Tracis E, H, and C of RLS 245. No more than three homes will be served by this driveway. Similar to other existing developments along priv ate easement roads in Orono, the City would not re%]uire upgrade of the driveway to road status unless this was a replat (an example is the private 14' driveway serv ing 20 plus homes on North 1-cmdale Road). $oi :mK woodhoust iTSOShortlmeOrhe Lot Lmt Rearrangement 6 N ot Page 2 EiscmciiCs The sim*c>' docs not show any existing easements along interior lot lines uliich will be moved. Any existing easements should be vacated along areas no longer serv ing as property lines. Since this application is not a plaU no new drainage/utility easements arc proposed nor requested; except that where such easements do exist along lot lines being moved, they should be rcdedicated along the new lot lines. Issues llie vacant west parcel is a buildable lot of record, assuming it meets the 200’ width standard. Width is measured at the front 50’ setback line. But where is the front lot line? The private cur\ ed drive surrounds the west lot on the north, south and west. The front, rear and side yards need to be established in order for setbacks to be applied to the lot, and to confirm where the lot width should be measumd. The slope of the w est lot defies strict interpretation of w hat is front/side/rear based on the zoning code definition. From a practical standpoint, the east parcel and middle parcel residences have both been dcvcIop<Ki with the residence oriented towards the lake. For these two properties the lake side is considered the front yard and to the north is the rear property line. To be consistent with the yards of the other two properties, the yards for the vacant west parcel could be defined as follows: • Front - lake side along driveway, beginning at the southern point of the reconfigured west parcel and extending northward along the curve tothe point where the driveway straightens out. • Rear- north as shown by surveyor. ^ Side yard- west side along driveway and along east property line adjacent to the middle parcel. It is questionable whether the west side lot line adjacent to the driveway should be treated as a **side street." Staff'recommends that it be simply a side lot line. If these setbacks arc occeptabic, the city accepts the yard setback demarcation os shown by ;Sc surveyor on the survey. Only the east parcel will have lake access. Staff Recommendation SiafTis recommending approval of the lot line rearrangement as proposed on the survey, completed by Gronberg & Associates. Inc. May 23,2001 based on the following conditions: I. City accepts yard setback demarcation as shown by surveyor on survey and neither lot width nor setback variances will be needed to build on the west lot. 2. The applicant shall grant drainage and utility easements, to replace any such existing easements which will no longer follow lot lines. t^0h2688K Woodhoust 1780 Shoreline Dr he Lot Line Rearrangement ^NOl Pages AppUcatkmf C>i - PateRecdTtd 's' Amount Paid '>0 CTTV OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION _ y. ^ . SiVflddry55 /7?0 o Propeitv Identification Number fPlD) S^ajO- Please check one - Property____abstract or torrcns? Attach legal description to application. fcxfeU../ c. u. Address.^_______ City ggS lAi. T^su^f>>JL€JLM-CJI._______Phone (home) ?J3-;t ?P<S Zip5S3»/ Phone (work) ?<S-S»S- /OOA OWNER (if diflerent than applicant) Name ^ /H. 6J AdJr^ ^ 7yo City (attach list more than on^ EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District _______Phone (home) ysa--v73- Sia 2 Zipy5-J»/phope(wotk)<^/a-- 3 02j^ V2. :?.3? /o.^( u%-l A Acres Dry Land Acres Wet Land Acres Total, ail parcels Residential; no. of uiuts -3 Other (specify) PROPOSAL _________ Division for Tax Purposes \y' Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites 3 Existing Units O New Units Total Units Number of Building Sites Proposed Gross Density Minimum Lot Size Proposed Use (check) / Units Pcr^-^^Acrcs t-?tXC Sq. Ft. Dry Buildablc Land Residential Other (specify)________ c- 1 r \) fi * »IT I V' vS: MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fc«« (refer lo'appticatioa feet* listed below. 2. Completed application fonn. 3. Plrelimioary pUt information on Cettlftcite of Survey. Z ^OinlM'"s*!"* ******* **’*’*''**'**"' Ita of any other persons you srbh notilled of this application. i MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Ccriincate of Survey or mylar copies of formal pUt. 3. Title opinion. 4. EasemenU. covenants, etc. 5. Developers Agreement and Letter of Credit Zoning OfUciaTs Signature ____________ Dite______ L APPLICATION FEES (Zoning Administrator to check pC] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, IIA III) $275.00 _____ Subdivision of a Lot Line Rearrangement S350.00 _____ Subdivision Application (Class IA II) S350.00 _____ Preliminary Subdivision Application $400.00 ♦ $30.00/k)t (Class 111 A all noo-iesideotial) _____ Final Plat Application (CUis 111) $225.00 _____ Ugal Review and FUing: _____Subdivisioa only $100.00 . Subdivision w/easements and covenantt min. $200.00 Totals /• _____ Park Fees (to be determined per Section 11.62) _____ Legal and Engineering Review Fees (as incurred) _____ Renewal of Class I and II Subdivision Application $200.00 (No change from original application) _____ Renewal of Class III. Preliminary Subdivision Application $200.00 (No change from original application) _____ Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $650.00 ♦ $.50/lineal ft.;, Proposed Public Roads $950.00 ^ $.50/lineal ft.; / lin. ft.x.50-$ .lin.ft.xJ0-$ Request for City to Accept Existing Private Road $950.00 Proposed Sanitary Sewer Main Extension S275.00 ^ $25/stub Proposed Watermain Extension $275.00 $25/stub Proposed Storm Sewer System (excluding culverts) $250.00 On-Site System, Site Evaluation Reviesv (applicable to rural subdivbion applicatiooa) $60.00/per lot x_____new lots C. Flexible Application Fccs/Mbc. Fees _____ Variance $250.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivbion $100.00 _____ PRD Applicalir*' • Subdivbion 535.00 Dwelling Unit The •pplicani hereby agree* to provide all mfocmaiion required or requested by the Zoniiig Admlnlitntor. City Engineer. City Anoraey. Planning Commission and Council necessary to process this applkation and fiirther agrees to pay aU addiUonal fees esublished by ordinance. Applicant's Signature __________________________________________Daie Owner's Signature. Applicant must have all submitub into the City Office 25 days before the Planning CoRunbslon meeting. Planning Commission meetings are held on the third Monday of each month. Applkaou must be present at all Kbeduled review meetings of the Planning Commission and Council. If an applicant b unable to anend a scheduled meeting, please make arrangements to hive an authorized agent attend in your place and to advise the Building A Zoning Office of ihb change prior to the meeting. Lot Line Rearrangement Proposal Mr. and Mrs. David M. Winlon. Ihc property owners, and Kirtland C. Woodhouse, ihc purchaser, jointly request permission for a lot line rearrangement of the Winton property at 1780 Shoreline Drive, Orono, Hennepin County, Minnesota. There arc three separate building lots located at 1780 Shoreline Drive. The lots were created by Registered Land Survey No. 245 in 1953. The three lots were separated from the remainder of the land in RLS No. 245 when Foxhill was platted in 1965. At the present time there arc houses on tw o of the lots. The third lot is vacant. The third lot is a buildabic lot. The first lot line rearrangement is between the two lots with houses on them. The proposed dividing line makes a minor change at the north end so that both houses meet Orono setbacks. The requirements for this lot line rearrangement were outlined in 1985 in Orono Resolution No. 1864. The second lot line rearrangement makes an adjustment at the north between the middle lot and the undeveloped lot to the west. It makes the three lots more equal in size. It also makes the building area for the w esterly lot more regular in shape because of the unusual shape of the lot. Since the lots have existed since 1953, we believe they arc grandfathered lots under Ofono Code Section 10.03 (Subd. 6). Each of the lots has its own tax identification number. The changes requested are minor and solely for the purposes of fixing the 1985 lot line issue, making the lots more equal in size and enabling a house on the undeveloped lot to fit the shape of the lot better. ixn^tiKtozri M n Qr /-o - ■ : ' ■. B J !f CCRiriCATC or survey for KIRT WOODHOUSE t4 R. L. S. No. 245 MEftCPtI COUNTY. MttCSOTA Exts+i'f %Jp M m iLr I \^ i *.r.v |.tft r'' iJ s<ej !%• •••-'.tv"'-. . • • • Jonn§ik)o^ ;UTOM. f/O, ov * t (?- GITYorOllONO MMldpHiOfflOM SirHtaMtttfe 2750 Why PvkMy Onm. MN 55556 P.O. la 66 Ciytt*l Biy, m 553234XX6 TO: Wendy Bottenberg FROM: Man Bolterman, On-Sile Systems Manager DATE: June 14. 2001 SUBJECT: Septic Review for Kirt Woodhouse Lot The proposed I lot subdivision requires the use of on-site sewage treatment systems. Soil borings and percolation tests were performed by Swedlund Septic Services to identify primary and alternate drainfield sites for the new lot The other two lots have existing septic systems on them already. The new lot has a primary and alternate site for an in-ground septic system The information provided indicates that both drainfield sites meet all Orono and Minnesota 7080 standards for location No design information was provided for the new septic sites Based on the above information, stafi'recommends approval of the subdivision in regards to septic location. 1UfplMM(iS2)24M6M • rn(932)MM6M www.ctaniwaa IL TT5 -tm City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 18^^_________ A R£50L0TI0N GRAMTIHG A CONDITIONAL OSB PERMIT PER MUNICIPAL SORING CODE SECTION 10.20, SUBDIVISION 3 (G) PILE 1955 HBBRBAS, David M. Wlnton (hereinafter "the applicant”) is the owner of the property located at 1780 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: All that part of Tract A lying Southerly of a line drawn from a point on the Southwesterly line of said Tract A distant 80 feet Northwesterly of the most Easterly corner of Tract B, to a point on the Northeasterly line of said Tract A distant 80 feet North westerly of a judicial landraar)c placed at the intersection of the East and Northeasterly lines of said Tract A; and All that part of Tract B lying Southerly of a line drawn from a point on the Southwesterly line of said Tract B distant 80 feet Northwesterly of the most Southerly corner of said Tract B, to a point on the Northeasterly line of said Tract B distant 80 feet Northwesterly of the most Easterly corner of said Tract B; and Tracts C, D, E, and I; and Tract H except that part thereof lying between Tracts G and J and Southwesterly of a line drawn parallel with and 20 feet Westerly of the Easterly line of said Tract Hj all in Registered Land Survey No. 245, files of Registrar of Titles, County of Hennepin, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit the construction of a guest house on a separate 2.2 acre parcel historically considered and used as a part of the principal dwelling property, per Municipal Zoning Code Section 10.20, Subdivision 3 (G). Minnesota: NOW, TBEREFORB, BE IT RESOLVED by the City Council of Orono, 1. FINDINGS This application was reviewed as Zoning File #955. 2. The property is located in the LR-IA Single Family Lalceshore Residential Zoning District. 3. On September 16, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: « Page 1 of 4 CityofORONO \cf.K>r>!cv^ RESOLUTION OF THE CITY COUNCIL NO. 1864_ _ _ _ _ a) The guest house parcel contains 2.2 acres of dry build- able land, meeting the LR-IA 2-acre minimum lot area requirement. The remainder of the non-combined parcels contains 6.9 acres of dry buildable land and includes the main house. The lot width at the building site is somewhat less than the required 200*. b) The guest house is proposed in a location within the 2.2 acre parcel which meets all setback requirements within that parcel, and which will maintain in excess of the minimum setback required (60*) from the adjacent structure. c) Access to the guest house is via the existing driveway serving the main house. 4. The City Council has considered this appli ution including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the construction of a guest house will not be detri mental to the health, safety or general welfare of the public, would not adversely affect light air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit the construction of a guest house on a separate 2.2 acre parcel historically considered and used as a part of the principal dwelling property, subject to the following conditions: 1. The guest house shall have a separate well and septic system. 2. Applicant is placed on notice that if P.I.D. 110-117-23 14 0002 (the 2.2 acre parcel with guest house) is ever sold off separately from the main property, the guest house shall at that time be considered the primary residence for that parcel, and construction of a second dwelling on that parcel will require a further conditional use permit review. Page 2 of 4 CityofORONO RESOLUTION OF THE CITY COUNCIL NO. 1864__________ 3. Applicant is placed on notice that Orono Municipal Zoning Code Section 10.03# Subdivision 6 (C) prohibits the sale or transfer of any parcel or combination of adjacent parcels which singly or in combination are non-conforming in area or width; or which sale or transfer makes the retained property or properties non-confoxrming; without Council approval. 4. Applicant is further placed on notice# that based on the survey submitted with the application# the existing main house at one point appears to be only 23* from the side lot line where a 30* side setback is required, hence sale of the guest house parcel would cause the main house parcel to be non-conforming# in violation of S10.03# Subdivision 6(C). A simple lot line re arrangement would remedy this potential future problem. Also#* the survey indicates that the lot lines could be arranged so that while maintaining a 30* setback to the existing house# the lot width of the guest house parcel could be increased to approxi mately 195*# nearly meeting the required lot width but still requiring a slight variance. 5. Applicant is further placed on notice that if the guest house parcel was sold off separately# that an access easement would be required over the existing driveway on the main house property. 6. The applicant is advised to check on the relative property tax benefits of combining or not combining the 9 properties held in common. 7. 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. 8. The undersigned applicant has read# understood and hereby agrees to the terms of this resolution and on behalf of himself# hxs heirs# successors and assigns# hereby agrees to the recording of this resolution in the chain of title of the property. ■1 Ml CltyofORONO RESOLUTION OF THE CITY COUNCIL NO. 1864__________ _/ rj STATE OF MINNESOTA COUNTY OP HENNEPIN ) SS. ) day of 198VOn this_ _ _ __ _ _ _ __ _ _ _ _ _ before me a Notary Public within and for^lad^ounty, personally appeared A. . ^y.<urr»/v^ _ _ _ _ _ _ known to me to be the person(s) described In and who executed the foregoing instrument* and acknowledged that he (they) executed the same as his (their) free act and deed. MICHA2L P C / * HOT art pu SL'C • • I* menn:2=:': ' HyCemfluK-:-. NOTAP.Y PUBLICyp MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this c day of /'CZ , 198lfe before re a Notary^Prjblic wi^in. and fojr said County, personally appeared ________Z A /c ' 'y 4^ known to me to be the person(s) described in and who executed the foregoing instrument. and acknowledged that he (they) executed the same as his L 4s‘.- ‘ v7^'. ••■ i ■: -t . ^ ‘ ¥ , f. ' I • ----- UCI 0 6 2001 REQUEST FOR COUNCIL ACTION ci I y u»- OflONO DATE: October 4,2001 ITEM NO: / O Dcpartaicat Approval: Noaic RooMoone Tllk Chy Administmor Adoiiaistnitor Reviewed: llcfli Description: Scheduling of CouncirWorksessionsfworkse Agenda Section: City Adntnistratof'i Rqwft There are a number of work items to be addressed in a council workscssion. The major items are as follows; 1. 2002 budget A. Capital expenditures D. Enterprise Fund expenditures and fees C. Fund balance information 2. City Administrator Annual Performance Review The Council may want to schedule two \st)rksesstons to address these items. Potential dates and times are as follows: Thursday, October 11-morning Tuesday, October 16-evening Thursday, October IS-moming or evening Friday, October 19-moming COUNCIL ACTION REQUESTED: Motion to select dates and times for council workscssions. REQUEST FOR COUNCIL ACTION •* ••ceuNQ UUI 0 6 2001 CITY OF OROI^ DATErOctobcr 5,2001 ITEMNO: II Departaent Approval: Naae RooMoone THk CityAdmishtrttor Adaiablrator Reviewed:Agenda Section: City AdmiainrMor’s Report Item Dcscriplion: Scheduling HRA Meeting The City’s HRA needs to meet to take final action regarding the financing for the Dunbar senior housing project. It is recommended a meeting be scheduled at 8:00 p.m. on Monday, October 22, which is the date of the Council meeting at which the Council is scheduled to take final action regarding the senior housing project. COUNCIL ACTION REQUESTED: There is no formal Council action requested. If the suggested date and time of the HRA meeting is acceptable, sUiff will ensure the meeting is properly posted. OCT 0 8 2001 REQUEST FOR COUNCIL ACTION DATE: October 8,2001 ITEM NO: Department Approval: Vamc Lin Vec •. yJ Tllk City Clerk * Administratoi Reviewed: /T’ Agenda Section: Licenses Item Description: List of Licenses fur Council Approval HOME OCCUPATION LICENSES 1. L.A. Pilgram, D.C. (Chiropractic OfTicc) LcRoy A. Pilgram. D.C. 1795 Shadywood Road Navarre. MN 55392 2. Nails by Ginger (Nails) Ginger Scott 2620 Kelly Avcnac Excelsior. MN 55331 3. Waldron Law OlTiccs. Ltd. (Law Practice) John B. Waldron 1951 Concordia Street Wayzata. MN 55391 William Lc\\is Web Development. I LC (Web Developer) William Leskinen 1125 N. Willow Drive Long Lake. MN 55356 Paulette Pickard Sturmans (Massage Therapy) 550 Orono Orchard Road Wayzata, MN 55391 Bruce C. Mathison (Furniture Repair) 5 South Browo Road Orono. MN 55356 GAMBLING PREMISES PERMIT RENEWAL • RESOLUTION 1. National Multiple Sclerosis Society. Minnesota Chapter Narrows Saloon 3380 Shoreline Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. application for annual home occupation license CITY OF ORONO 2750 KELLEY PARKWAY. P.O. BOX 66 CRYSTAL BAY, MN 55323 NAME:___ ADDRESS: BUSINESS NAME: i Pn^ /I • A ■ O' PH^ ‘V7/ filthytOonH CU yAi//hJ?pe:. SS39^ "T, . A • L&city/sute TYPE OF BUSINESS TO BE OPERATED: O U ( hOp m 4eiNumber of Employees Within Oi>eratioa:T^ CProvide names of employees on back of application) Check One: Initial Review Fee SSO.OO_____ Annual Review Fee S30.00 License may be revoked if any violation occurs. City srff :hall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspeaion is required by City staff, the review time will be extendi to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation to engage in operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs pennitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby ag^rtTlo threbn^itions quoted above from the Orono Municipal Code and any additional conditions the Ci^ may require. £U. Date: /MSignatureof Applicant:.7^/ FOR CITY USE ONLY: After review if appUcautn, staff recommends the following: r/O Approval of application __________Denial of application Signature of Zoning Official: Date:. Signature of BulldingOfficial:___Q - •/-Of Application Date.Date License Approved:. Date: /fi-y-ja. Date License Expired:. USnNO OF EMPLOYEES: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: Cmr&ZIP; DATE OF BIRTH: NAME: ADDRESS: CTTY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CI7Y&ZIP: DATE OF BIRTH: NAME: ADDRESS: OTY&ZIP: DATE OF BIRTH: ^ * I APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 .Vi* < CRYSTAL BAY, MN 55323 ^^, i..-> NAME: f _________________T— PHONE: ' 971- 77 ADDRESS: ^JictO Cut. PfCtl^r C^5 5^7 tireet 1 / ' / / _ \ ^ BUSINESS NAME: ----- TYPE OF BUSINESS TO BE OPERATED: city/sute zip Number of Employees Within Operation:, Check Or : Initial Review Fee $50.00 (Provide names of employees on back of application) Annual Review Fee $30.00 L.-*-— License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 3.02 & 3.03. If a site inspection is required by City suff. the review time wili be exteixl^ to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1 . It' i unlawful for any business operating as a home occupation to engage in operation without proper licenses. All persons engaged in the business must reside in the dwelling. No commercial signs permitted other than signs permitted in the resideruial zone. No excessive stock in trade may be stored on the premises. Over the counter retail sales is not allowed. Entrance to the home occupation must be gained from w'ithin the structure. 2. 3. 4. 5. 6. The undersigned hereby agrees to the conditions quoted above from the Orono M'inicipal Code and any additional conditions the City/^y require/^ Signature of Applicant the : /Zi Ul FOR CITY USE O.NXY: After review of application, staff recommends the following: fUJ Approval of application _________Denial of application Signature of Zoning Official : Signature of BuildingOfficial TS^ 6 Date: 7. 2?• C t Date: Application Date:,Date License Approved:Date License Expired:. i USTING OF EMPLOYEES: NAME: ADDRESS: cmr&ziP: DATE OF BIRTH: NAME: ADDRESS: CITY St HP: DATE OF BIRTH: NAME: ADDRESS: CITY St ZIP: DATE OF BIRTH: NAME: ADDRESS: Cmr & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: OTY&Za*: DATE OF BIRTH: -^itiur'r fiiiiiii .1 APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 NAME;fLjAdd ^ PHONE: APPRF-SS: !*•)$/ JfrCc*f____________ BUSINESS NAME: ___________________________ TYPE OF BUSINESS TO BE OPERATED:.^___//L^; _________________________ Number of Employees Within Operation: / (Provide names of employees on back of application) Check One: Initial Review Fee $50.00____ Annual Review Fee $30.00 License may be revoked if any violation occurs. City staff shall have five (5) bus'mess days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 A 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10) business days. The license application with suff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices . . v 1 . It is unlawful for any business operating as a hoote occiq>ation to engage in operation without proper licenses. 2. All persons engaged in the business must reside In the dwelling. 3. No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agries to the conditions quoted above from the Orono Municipal Code and any additional conditions the ,Ci^ may require.^ \ /j Signaiuceol Mpn1ic.ni: <^-4---------------------------------------------------------Dale:. ------ FOR CITY USE ONXY: ffiP. Approval of Application After review of application, staff recommends the following: _________Denial of application Signature of Zoning Official: __________Daie:__^_iZl£_L_ Signature of Building Official: ^ ^ T_ P^^te:—:Ol Application Date:________^Date License Approved:________Date License Expired:--------- USJJSG OF EMPLOYEES: NAME;^i(d ADDRESS: j-lfl Jt^^f CITY & ZIP: /«7A fJJV/ DATE OF BIRTH: ^'l(7vj/j_______ NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: cmr&ziP: DATE OF BIRTH: NAME: ADDRESS; cmr&ziP: DATE OF BIRTH: NAME; ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME; ADDRESS: CITY&ZIP: DATE OF BIRTH: APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE cm' OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 liAME: /pPluuiArA ADDRESS: H2S lJ.Wii.uoio PHOi>JE: qQ,/ ^aT__________6 city/iuic BUSINESS NAME: Ai: ll)FA TYPE OF BUSINESS TO BE OPERATED: JTiL/rgffiugr £^^gst7£' Number of Employees Within Operation:___ (Provide names of employees on back of application) Check One: Initial Review Fee S50.00____ Annual Review Fee $30.(X) License may be revoked if any violation occurs. City staff shall have five (5) business days In which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site insp^ion is required by City staff, the review time will be extended to ten (10) business days. The license application with suff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation to engage in operation without proper licenses. All persons engaged in the business must reside in the dwelling. No commercial signs permitted other than signs permitted in the residential zone. No excessive s.ock in trade may be stored on the premises. Over the counter retail sales is not allowed. Entrance to the home occupation must be gained from within the structure. 2. 3. 4. 5. 6. The UT wcrsigned I ^reby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City may require. Signature of Applicant:Date:J O • i -Oi FOR CI^ USE ONLY: After review of application, staff recommends the following: ^ Approval of application _________Denial of application Signature of Zoning Official: Signature of BuildingOfTidalT Dae: /O-t-OJ Date: Application Date:,_Date License Approved:Date License Expired: .^.^wn>w8■ t 1 USTINO OF EMPLOYEES: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY A ZIP: DATE OF BIRTH:. NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITYAZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: L APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE cmr OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 3dt UMAE'.fkule'tt^ PtC-k^rd "Sfu.unm/^/O^ ADDRESS J 55?9 cytrxrjr, C3r^A rr/ Ph PHONE:*^^* 9^<A/5T5^ SYw/ street BUSINESS NAME; city/sute TYPE OF BUSINESS TO BE OPERATED: Number of Employees Within Operation: O (Provide names of en^^ees on back application) Check One: Initial Review Fee SSO.OO Annual Review Fee S30.00 License may be revoked if any violation occurs. City staff shall have five (S) business days in which to investigate and make a recommendation pursuaiu to Orono Municipal Code Section S.02 & 5.03. If a site irupection is required by City staff, the review time will be extended to ten (10) business days. The license apptication wit<i taff recommendation will be scheduled before the Council at the next regularly scheduled meeting held or the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation tc engage in operation without proper licenses. All persons engaged in the business must reside In the dwelling. No commercial signs permitted other than signs permitted in the residential zone. No excessive stock in trade may be stored on the premises. Over the counter retail sales is not allowed. Entrance to the home occupation must be gained from within the structure. 2. 3. 4. 5. 6. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City may require. SignatureofApplic U U X Date: t7/ FOR CITY USE ONLY: After review of application, staff recommends the following: Approval of application _________Denial of application Sigiuture of Zoning Official: My Signature of Building Official: Date: ^y'27'Ol Date: 9- Application Date:,Date License Approved:,Date License Expired;, USTING OF EMPLOYEES• ■'><rx.c2— NAME: ADDRESS: cmr &zn»: DATE OF BIRTH: NAME: ADDRESS: OTY&ZIP; DATE OF BKTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY & ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP; DATE OF BIRTH: APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE cmroFORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 NAME: 1*^ V 1J f p C > 50 a) ADDRESS: b ^tLc\ PHONE: 9iTZ .^n\. YT>^ b'S'^SL- street ciiy/$tate BUSINESS NAME: m^/0 \J)<^CQyiLC? TYPE OF BUSINESS TO BE OPERATED: Fu ft 1 Tv.< fl tl ___________ Number of Employees Within Operation: O (Provide names of employees on back of applicatloiu Check One: Initial Review Fee S50.00____ Annual Review Fee $30.00 % License may be revoked if any violation occurs. City staff shall have five (5) business days In which *o investigate and make a recommendation pursuant to C.ono Municipal Code Section 5.02 & 5.03. If a site inspection b required by City staff, the review time will be extended to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation to engage In operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. J. Nu cuiiuiieicial signs peimiucd uilicc than sigrii pcnuiiud in the residential zsne. 4. No excessive stock in trade may be stored on the prembes. 5. Over the counter retail sales b not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions tlw City may require. Signanireof Applicant:]Date: 9 -14 -1 ) For CITY USE ONLY: After review of application, staff recommends the following: ^0 Approval of application Denial of application Signature of Zoning Official; Signature of Building Official:, Application Date:____ Date: 7'27Ct Date: _Date License Approved:.Date License Expired:. USTING OF EMPLOYEES: NAME: ADDRESS: CITY A ZIP: DATE OF BIRTH: NAME: ADDRESS: CITYAZIP: DATE OF BIRTH: NAME: ADDRESS: CITY* ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY&ZIP: DATE OF BERTH: NAME: ADDRESS: CITY & ZIP: _ DATE OF BIRTH: NAME: ADDRESS: HTYAZIP: DATE OF BIRTH: NAME: ADDRESS: CITY A ZIP: DATE OF BIRTH: NAME: ADDRESS: CITYAZIP: DATE OF BIRTH: Date: October 1,2001 To: Lin Vee, City Clerk From: Jim Morowczynski, Sgt., Orono Police Department ke: Application for Gambling Permit We have reviewed all past records involving the Narrows Saloon and the MS Society. No concerns were found in regard to gambling at that location. Nothing in our records would prohibit the renewal of this permit. Slate of Minnesota Gambling Control Board Premises Permit Renewal Application LC2MPPR Mined: 7/I3/200I License Numberfi-00562-177 EfTective Date: 1/1/2000 Expiration Date: 12/31/2001 Name of Organization: Multiple Sclerosis Society Minnesota Chapter Gambling Premises information Name of the estoblishmcnt where gambling will be conducted Narrows Saloon 3380 Shoreline Dr Navarre. MN 55392 County: Hennepin No«e: Our records show the premises is located %viihin Che ciQ/ limits Lessor Information Name of the property owner (If different):Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion; Rent paid per bingo occasion: Bingo Activity- Our records indicate that Bingo is not conducted on these premises. Storage Information 33S0 -5Vo<’e-l\rv« ^$^9 Sk Bank Information 1st National Bank of the Lakes 2445 Shady Wood Rd Navarre, MN 55392 Gambling Bank Account Number: 7433896 On the lines prov ided be tow tin the name. mUress and litie of at lesti two persons aithonzed to sign checks and make deposits and withdcawals for the gatnbUng acoount The organimtons eeasuier miy not handle gambltog funds. lOOIltllAvcS Minneapolis, hLN S54ISI2SS Board of Directors Richard Knutsoa lOOlllhAvcS Minneapolis, MN SS4ISI2SS Board of Directors This fotm will be made available In alternative fotmat (ie. large print, braille) upon request Page 1 of} (Coniiiuied on Back) iiiiiiniill Acknowledgment Cambiteg Sit AnlbarlntlM I hereby cofucm tfiai local lt«» enrorccfnent ofTWcrt. Um boMd or agenii of the board, or e»t flwowilMiooer of re»tmie or piMic or tgenct of die commit^ Pigc2of2 t, may coaer ihe preniaca to enforce toe law Baak Rccor^i bfbrmatioa Theboarditftiihofucdto mspect the bank recofdi of toe gambting account whenever Moeuary to Aitfin reHuirtments ofcuireni ftmbUngruletmdlaw OrgMiaUM Uccast AirtlioHatleii I hereby autooHar toe Gambling Control Board lo modiiy the claa of organuatiofi NoriiK to be oondstent with the claa of peirnii being appl«d for Oath ^ Ideclaretoa; I. lh»*«i«»<Hh»in,lic*ioo.nd.i| biforraaioo tubmised lo toe board it »ue. accuraa. and complete; 7. 2 ell other required tnibrmadon hat been Adlyditcloted. 3 lamdachiefexccutiveoflkerofthe organiabon. any changca in application inibematoa wUI be tubmeied to toe board aid local unit of government within tea days of toe change; and I undemand toa failure to pioeldt required infoemation or providmg Ikbcor otitkadiag ln‘^ . mayratthlnihe denial or icvocaion of the licciac 4 lattumefWI ietpontibiliiy forihefaeand la w All operaoc n of all activ diet to be oonducted. 3 l'*illfamilian«mytdfwitolhelawiof Minnetou governing law Ail gambling and of toe board and agree, iriiocntcd. to abide b> those laws and rukt. includeig amendments to them. Signature of the chief eiecuiive ofTiccr (Designee may not sign) Date Qp->/o| Onbch^rQfliMciO.lhaTb) wkno»kdf«ihi$i(iplK«ioil C',-L<j air-OcC>^0 l^lj»ftil|jirtlui*»ci>*it>Mih«premis«locjie<l within Pnmii«3o7ei»~-----------------------------------------------— toe a t> s j irudicuin. and that a re toluoon Specific ally , ^ » approving or denying the application will be forwarded to of city personnel receiving application fv C.l-er'ic 9 lily, oj——L-f—L—x ___t. ^ ________y_/ y —----------------------------------------------------------------------------------- > D,/ — . I « I . . .. ^ ,u _______l'’ . ♦ tat Iht ImmhlB. On bdnlfof ih> io>.n.hip. I «ckno»lcJ,« ~ thJi ihc ortiiiijuon U appK tn$ k> conduct law Ail (amblinf =—------------------------------------------______________ activity within toe low luhip I uni tv Pnm name of township ^•■u«ofa.wn.hip,»,cial ir«w.n,.pp.Kaoon J____/ LOLIbC aum> On behalf of the county, thereby _____ acknowledge this application for lawful gambling activuv « Phiil nxneofcounty the premises located within toe county ’s/uriidiction. and* that a resolution spedAmOy approving or denying the applicaiion will be forwarded to the arr»>*ng organiraiion Signature ofoountv personnel recerving plication The mformalion requested on this form (and Oily anachments) will be used by Ihc CamWing Conool Board (Board) lo df afmme your quahAcationa to be involved m lawful gambling aaivioes in Mmnesou. and to asm the Board in conduceng a bakigroundinvesiigaiicnof you You have toe nght to rr Aise to supply toe informal ton requested, however, if you rcAase to supphr toll aifoemaooA. toe Board may not be able to determine your qualificaDons and» as a consquenoe. miy rcAtsc to issue you a keen* Ifyou supply toe infoemaikM requested, toe Board wiO be able to process your applicmnn. Your name and address w U] be public mformalion when recew ed by Ihe Board All the other infomution that you provide will be private data about you imttl the Board issues your iKcnst When toe Board issues your license, all of toe mformatton toal you have provided to Ihc Bo*d to the pwess of applying for your license wOI become public IftiscBtwddoetnocisuc >ou a license, ail toe mformaiton you have provided in toe peoces of applying foe a li«n* remsRs pnvate. wito toe cxccpetoo of your itamc ssd addres which win mnton public Board whose work assignmeni requets lhai they have access to the infoetmoon. toe Mmnesou Depanmcniof Pubkc Safety; the Minncaou Aaomey General toe MtooesouCommisstoneflof Admimstration.rinsicc.a«dlUvcnue toe Miimesou Legtslaiive Audmse. n^onal «d totemsional gambling regulatory tigcndcs. anyone pursuant to court order, otoer individuate and agcndcs toat are tproiflcaHy autooriaed by stsc or fodcral law to have access to toe tofoc todhitomte and agendcs for which law or Frivaiedtoai I you are avadaWc only to A RESOLUTION GRANTING RENEWAL OF GAMBLING PREMISES PERMIT FOR THE NARROWS SALOON LOCATED AT 33M SHORELINE DRIVE BE IT RESOLVED, the City of Orono agrees to approve the renewal gambling permit application (Class B Permit) for the National Multiple Sclerosis Society. Minnesota Chapter to conduct lawful gambling at the Narrows Saloon, 3380 Shoreline Drive. Orono. Minnesota. Adoption of the foregoing resolution at the regular October 8,2001 council meeting was moved by ______________________________________and duly seconded by The following Council Members voted in the affirmative: The following Council Members voted in the negative: Adopted by the City Council of the Cit>' of Orono, Minnesota at a regular meeting held on the 8* day of October, 2001. ATTEST: Linda S.Vee. City Clerk Barbara A. Peterson, Mayor /3 '■ ‘"OPTING CITY OF ORONO ^ ^ ^00! Chtck Detail Ragiator CITY of oho ^q Friday. October 05.2001 Page 1 of 9 CliecJi Amt 10100 Primary Caeh Paddhkl 672^^9 l0<6/20il ARAMARK REFRESHMENT SCPVICES E 101-41900-201 Oflkatuppfcet E 101-41900-521 Talephona E 101-42110-439 Meeting Ercpenm Total AlUIIAftKIlEFRESHilENTSERVICES Pa«i Chk# 072070 l6mo6l A r CM iMRELESS E 613-49630-321 55 27 6013-192181 539 06 6013-206642 537 50 6013-206643 56163 Aa Pot Cleaner Coffee. Sugar Coffee. Sugar. Cream 556 80 K3755958I 5172 83 K375S958I 5172 83 K3755958I 5345 67JC3755958I 5750 13 Pager Servtee 9^1/1-02 Pager Service Ori/1-02 Pager Service 9M/1-02 Pager Service 9/171-02 LO 6 Texet E 601-49400-321 E 602-49450-321 E 101-41900-321 ToUl ARCMWIRELESS Paid CIA# 072071 lOmdbl AT4T- E 601-49400-321 Teleplione Total AT4T- Paid dhk# 1(Jr8/2001 AT A T WIREL^S SERVICES E 602-49450-321 Telephone 514 97 3419397 CelPhonet E 101-41900-321 Telephone 531.19 3419397 CeHPhonet E601-49400-321 Telephone 514 96 3419397 CeHPhonet Total AT 6 T WIRELESS SERVICES 56112 541 05 9524717766 54105 Paid ChMI 07207i 10/6/2001 BATTERlEi PLUS E 101-43000-221 Equipment Parts 6 Accetionet 529 33 F5-68507 Total BATTERIES PLUS 529 33 Cordless Tool Battery Paid Chke 6720^4 16^8/2001 BRASS TACKS NETWORK. INC E 101-42110-319 OtherProietsionalServcet 52 062 ^6^1 Total BRASS TACKS NETWORK. INC 52.062 50 ContuHmg-PO E 101-42110-201 OmcetuppHet $108 69 17J97 Coin Envelopet « ny i7AAd Jr Total BUDOCTPIUNTMO 5419 71 PaxiChk# 072(i76 1(V8r2001 bAROILLSALT Total CARGILL SALT MS A 9MPO ICM 52.202 08 €9Um OW E 101-42260-318 Fee Services 55 940 31 73101-0 Budget Overage-2000 E 101-42260-318 Fee Services 533.662 50 92901-0 511Total CITY Of LONG LAKE 539.622 81 toRfio soofifiSTiuiaSI ^—— TftiW flhnflkia Total CITY Of IMNNETOfIKA BEACH 598oT 01 • a WM OfWfwWW Paid ChlUl 072079 CITY OF ORONO Check Detail Register CtMcJi Ami Invoka Friday. Odob«r 05.2001 Page2of9 Commant E 613-49630-403 Repairs/MatnI-Misc Equip $189 85 19741 WeH Pump Repairs Total CITYVIEW PLUMBING A HEATING $18985 PaidChk# 072080 10/8/2001 CROW RIVER SUSPENSION A ALIGN E 101 -43000-402 Repairs/Maint-Auto Equ<p Totol CROW RIVER SUSPENSION A ALIGN $366 40 1262 $36640 Front End Work #424 INC E 101-43000-489 Other Mscelanetius Charges Totol DAKOTA FENCE OF MN. INC $57600 4350 $57800 Fence Repair Paid Chk# 072062 10/8/2001 DAVIES WATER EQUIPMENT CO. E 601-49400-227 Utilrty System Maint Supplies Totol DAVIES WATER EQUIPMENT CO. $167 72 3062809 $187 72 SUinless BoMs £613-499004)91 Beer For Resale Totol DAY DISTRIBUTING CO. $43 20 151337 $4320 Beer for Resale PaidChKa 072084 10/6/2001 DCA* WIRE ONLY G 101-21719 OCA/Spending Accounts Totol DCA-WIRE ONLY $73848 10/2A)1 $738 48 Spending Accounts 10/1 E 101-42110-311 Data ProcMsmg Communication E 101-41900-321 Talephona Total DEPT Of ADM-INTCRTECH GROUP $37 00 DV0107117 $17961 W01080660 $216 61 PVC 7/2001 Phone Service 8/2001 PaidChKA 072066 10/8/2001 DYNAMEO E 101-42110-221 Equipment Parts 8 Accessories E 101-42110-221 Equipment Parts & Accessories Total DYNAMED $47 08 55116074 Latex Gloves $164 73 551160740001 1st Aid Supplies $21l'81 Paid Cnkf 072087 10/8/2001 E-Z RECYCLING E 101-43270-316 Contract Recycling Pickup Totol E-Z RECYCLING $5.62 0 12 2639 $1620 12 Recycfing 9/2001 Paid ChKA 072088 10/8/2001 EAST SIDE BEVERAGE £613-499004)91 Beer For Resale $51 80 142997 £613-499004)91 Beer For Resale $64jrs 147092 Total EAST SIDE BEVBIAGE $116 55 Beer for Resale Beer for Resale Paid Chka 072069 10/6/2001 EASTMAN KODAK CO E 101-41900-201 Office supplies $59 64 102661102 Total EASTMAN KODAK CO $5964 PaidChX# 072096 10/8/2001 G 101-19999 Suspense Account Total ENCHANTED GARDEN FLORAL Paid Chidi 072091 E 101-42110-437 Training A Development ENCHANTED GARDEN FLORAL $47 28 1122 $47 28 Flosrefs-Gappa $52 15 09/29A)1 Meals. Mileage-Seminar CITY OF ORONO Check Detail Register Fnday.0c»ob«05.200l Pa9*3ol9 Clfcli Amt InvolcD Comrrwnt Total ERICKSOfi KURT nASTAR 1 SS2 15 Paid ChK# 672092 10/a/200t ^riRSTAR TRUST COMPAI E30d-47000^ Fiscal AgenrtFeos $218 38 813016 E68M7000^ FiscalAganrsFMS $95 55 813073 E 571-47000^ Fiscal Aganrs Fees $97 63 813073 E 312-47000420 Fiscal Agent's Fees $750_00 j648857 Total FIRSTAR TRUST COUPANY $1^61 76 92 GO Bond-Agent Fee 95 GO Refund-Agent Fee 95 GO Refund-Agent Fee 98 HRA Bond-Agent Fee Paid Chiui 072093 TSSSooT FISCHER. CHRtS E 101-42110-437 Training S Oevelopnienl $120 94 90041 Meals. Mdeage - School Total FISCHER. CHRIS $120 94 Aaid dhks 6yiMe 104/2001 f6rTIS BENEFITS G 101-21712 Other Deductions $88751 4019825-1 LTD Insurance -100001 Total FORTIS BENERTS $88751 Paid CMOI 072095 10/8/2001 OSK8ERV1CES E 101-43000-221 Equipnient Parts & Acceisones $4411 769394 Shop Towels E 101-43000-226 Clothing & personal equipment $10810 789394 Uniforms E 613-49830-226 Clothing & personal equipment $15 46 769395 Uniform - Sleffenhagen E 601-49400-226 Clolhing S personal equipment $21 82 769396 Uniform -Rathoun Total OSKSERVICES $189 49 Paid Chk# 072096 10/6/2001 CALL'S INC. E 101-42110-221 Equipment Parts S Accessories $17 98 55169700 Tf*fflcT«fnplaleKj| Total GALL'S INC.$1798 Paid ChiUI 072097 10/8/2001 6eAr WEST SKI A BIKE E 101-42110-319 Othe. Prof«mional beivices $35 74 1160 BAe Repairs-Nat Night Out E 101-42110-403 RepairsAilainl-MiSC Equip $35 74 9/17/01 BAeTuneUp Total GEAR WEST SKI A BIKE $7148 Paid Chk* 07269& 1044001 GENUINE PARTS CO. E 101-43000-221 Equipment Parts & Accesiories $26 89 654015 Oil Filter. E 101-45200-221 Equipment Parts & Accessories $16 01 654245 Cable Ties-docks E 602-49450-222 Vehicle Equipment A Parts $21 77 654327 Halogen Buto E 101-43000-221 Equipment Parts A Accessories $6 06 655374 Shop Supplies E 101-43000-221 Equipment Parts A Accessories $21 29 656275 Adpt. Chuck. Carb Clner E 101-43000-221 Equipment Parts A Accessories $0 23 658324 Adapter E 101 -43000-222 Vehicle Equipment A Parts $40 11 656516 Oil Fiksr 6426 E 601-49400-222 Vehicle Equipment A Parts $91 47 658041 Slarter E 101 -43000-221 Equipment Parts A Accessories $7 09 658054 Cart Cleaner E 101-43000-222 Vehicle Equipment A Parts $46 84 658545 Mirror Assembly Total GENUINE PARTS CO.$277 76 PaidChkf 072099 10/8/2001 GOOD. ST^PHANY E 101-42110-437 Training A Development $259 57 907/01 Meals, Training Total GOOD. STEPHANY $2M57 PaidChki 072100 10/8/2001 GOPHER STATE ONE-CALL $10160 1080596 August Locales I CITY OF ORONO Check Detail Register Fiiday.OcMMr0S.2001 P»QR40f9 Ctwck Am« Invoice E 9Q2-4945<M«9 Otfttf Charges Total GOPHER STATE ONE-CALL $10160 1060596 August Locates $20320 PaidChki 072101 l04/JoJl HAWKINS CHEiUCAL~ E 601-49400-216 Ch^mcals and Chem Products Total HAl^NSCHEINCAL $1,141 07 375I0S Chlorine. Rourine Paid Chki 072102 IOfS/2001 HENNEF E 101-43290-600 Special Projects. Conbngency $1,141 07 COUNTY TR-PROP TAXES E 101-43290-600 Special Protects. Contvigency E 101-43290-600 Special Protects. Contingency E 101-43290-510 Land $3.007 61 321182312000 Tax 32-116-23-12-001 $10552 321162321000 Tax32-116-23-21-0001 $1,136 55 331162332000 Tax 33-116-23-32-0005 $936 09 341162332000 Tax 340 WUk)w Dr Total HENNEPIN COUNTY TR-PROP TAXES $5,185 77 E 10M3280-307 LegaLConsutlmg $410 50 10175607A Applications • July 2000 Total HINSHAWS CULBERTSON $41050 PaidChltS 072104 10/8/2001 HUEBSCH RENTAL SERVICE E 613-49630-404 RepairsdUalnl-BldgiXSrounds $24 05 426312 Mai Sendee Total HUEBSCH RENTAL SERVICE $24 05 E10M1600-306 Legal-Prosecution $2.39166 9/2001 Prosecutiont-0/2001 Total KENNETH N. POTTS. PA $2,391 66 Paid Chk« 072106 10/6/2001 KUSTOftl siONALS (nC E 101-42110-221 Equipment ParU & Accessories $20 66 97349 Fluorescent Light Total KUSTOM SIGNALS INC $20 66 E 101-42400-437 Training 6 Devetopmenl $0 00 E 101-42400-437 Training 6 Development $175 00 Davis Nov Smeeiar • Dav% $175 00 Oman Nov Seminar • Oman Total LAKE COUNTRY CHAPTER $350 00 PaxlChki 672106 lOS/TOOl LEAGUE Of MN CtTIES $4,997 00 2001-02 Dues LMC Dues 2001-02 Total LEAGUE OF MN CITIES $4,997 00 PaidCMdi 072109 KV8/2001 LOTS OIL COMPANY E 101-43000-403 Repavs/Maeit-Misc Equp $65 00 25759 Crushed 04 FAers Total LOE*S OIL COMPANY $6500 PaMChkS 072116 10/6/2001 LOGIS $116 00 20996 Intemeiamii E 101-42110^329 OthtfCommunicatons $116 00 20996 Internet am)1 E 101-42110-310 LOOIS-Apphcabons $95200 20996 Pokoe Records 8/2001 E 101-41900-311 Data Processing Communcaeon $30 00 21021 Henn County Conneclion E 101-41900-401 RepaesBAaml-Oiloa Equip $361^5 21064 GW.NitMieSerPaolia E 101-42110-401 RapaesAlaed-Omce Equip $36125 21064 GW. NetMieSer Pedes Total LOGO $1.936 50 CITY OF ORONO Check Detail Register Fnday.OctolM(05.200t PageSofS Ctwcfc Amt Inwotet Comnwnt E 101-43000-212 Motor Fuels 8 Lubricants E 101-43000-212 Motor Fuels & Lubricants ($25 00) 262565 $240 77 266211 ($25 00) 266213 $190 77 Drum Retain Oi. Grease Return - DrumE 101-43000-212 Motor Fuels 8 Lubricants Total MCCOLUSTER8CO Paid Chkf 072112 10/8/2001 MET COUNCIL ENVIRONMENTAL SER R 101-39610 Misooilaneous Revenue ($57 50) 9/2001 Sac Charges -9/2001 0101-20809 SAC Charges due to MWCC $5.750 00 9/2001 Sac Charges -9/2001 Total MET COUNCIL ENVIRONMENTAL SER $5,692 50 E 613-49830404 Repaes/Maint-Bldgs/Grounds $544 00 613 Pond Maintenance Total MIDWEST AQUA CARE $544 00 P.id C«ikf 072114 1(Va/2001 NNDINEST ASPt^LT E 101-43000-224 SttMl Mjnt ktol.n«IWSuppty $103 99 69479MB Hand Patch E 101-43000-224 StiMt Man! MMfi.l.'Supply $129 98 69514MB Hand Patch To«al MIDWEST ASPHALT $233 97 PaidChki* 072115 10/8/2001 MINNEAPOLIS COM 8 TECH COLLEGE E I0M2110-221 Equipment ParU 8 Accessories $14 40 09010918 Medical Oiygen Totol MINNEAPOLIS COM 8 TECH COLLEGE $1440 l^aidt^hkf Cr2ll6 10/8/2001 ln&NN^SOfA c 6nWAY E 101-42110-221 Equipmer^t Parts 8 Accessories $13 57 305658 Seal, Lead 8 Wire Total MINNESOTA CONWAY $13 57 Paid ChkA 072117 10/8/2001 MN CHIEF OF POUCE ASSN E 101-42110-201 Office supplies $28 63 810 PermiU to Acquire Totol MN CHIEF OF POUCE ASSN $28 63 PakJChkf 072116 1W2001 IlMCITY/CCHINTYMOMTASSOC. E 101-4130CM33 M•mb•fs^lpt&Subtcnptlont S84^30 Mootm ToUl MN CITY/COUNTY MOMT ASSOC. $84 30 Duet -5/1/01-02 PatdChki 072119 10/8/2001 I STATE TF R O 101-20802 Due to 90vt»-Stale R 101-39610 MtsoeUneous Revenue ToUl MN STATE TREASURER $4.08496 3f6<|tr2001 ($163 40) 3m qtr 2001 $3 921 58 State Surcharge 9m)1 State Surcharge 9/2001 Paid Chhi 072120 10/8/2(iil I^ATtONAL RIFLE ASSOC. E 10M2110-437 Training 8 Development Total NATIONAL RIFLE ASSOC. $3S00 Mbrahv $3500 Membership 8A)1-02 E 613-49630-402 Repairs/Maml-Auto Equ0 $14 00 8/16A)1 TireFtepeir Total NAVARRE AMOCO $14.00 PaidChlOP 072122 10/8/2001 0101-21710 UM Insurance $156 00 67321001 PERA Ufa 10/2001 1 CITY OF ORONO Check 0«tail Register Friday. October 05.2001 PageSofO Cbeclt Amt invoice Total NCPERS GROUP UFE INS $156 00 PaidChk# 072123 IOm/2001 NEOPOST E10M1900401 Repairs/Mami-Orrice Equip E 101-41900401 Repairs/Maint-Office Eque> E 101-41900401 RepairsMint-Ofrioe Equip Total NEOPOST $154 43 206017801 $159 75 206018001 $150 00 40590450 $46418 Rate Change Pak Rate Change PaK Rate Change Protection Paid Chk# 072124 10/8/2001 O'SULLIVANS AUTO REPAIR E 101-42110402 Repaifs/Maint-Auto Equip E 101-42110402 Repairs/Maint-Auto Equip Total aSULLIVANS AUTO REPAIR $299 25 22535 $299 25 22623 $598 50 75 Car Wash Tickets 75 Car Wash Tickets I’aid^hki 072125 10/8/2001 OBERAlOitfeR. ^dOTT E 101-43000-226 Clothing A personal equipment Total OBERAIGNER. SCOTT StOOOO »28A>I $10000 Safety Boots PaidChke 072126 10/8/2001 6ffICEDEI^OT E 101-41900-201 Office supplies E10M2110-201 Office supplies E 101-41900201 Office supplies E 101-42110201 Office supplies E 101-42110201 Office supplies E 101-42110-201 Office supplies Total OFFICE DEPOT $8 08 134896647 Plastic Knifbs $5716 138446867 Office Supplies $69 85 138446867 Office Supplies $69 16 138895236 Toner ($29 17) 138897158-00 Returns $69 16 139158957 Toner $244 24 Paid Chke 072127 10/8/2001 OHIO UNIVCRSItY E 101-42110^37 Traiomg A Developmtnt Total OHIO UNIVERSITY $295 00 9^8A)1 $295 00 Padopbileft/lntemet-Schoenhofr PaidChKa 072126 10/8/2001 OLD DUTCH FOODS INC. E61S-49900-093 Concessiont For Reaele-TKbl ToUl OLD DUTCH FOODS INC. $1176 ^11 $1176” Chips for Resale 10/8/2001 OWLENOiNEgaSQJNCPaidCnkS 072129 E 101-43290-800 L^>eoal Projects, Contingency ToUl OWL ENGINEERING. INC $450 0^1579 $450 00 Sprint PCS Twr Proposal PaidCnke 072130 10/8/2001 PARK NICOLLET CLINIC E 101-42110-319 Other Professional Services Total PARK NICOLLET CUNIC $57 75 999003749 $5775 Physical • Hendnck PaidChk# 072131 10/8/2001 PK)NEER E 101-42400-340 General Advertismp ToUl PIONEER $46 M 767 $46 38 Land Use Applications PaidChk# 072132 10/8/2001 P1RTEK E 101-43000-403 Repain4Mamt-M«c Equip Total PIRTEK $158 72 PL14622 Host for Back Hoe PaidChkO 072T33 10/8/2001 E 101-42110-407 Janiloriil Services $158.72 POW^RdlJAN c 6mpanv INC. $800 01 8332 Janitorial Service 8/2001 CITY OF ORONO Check Detail Register Frt«ty.(Meb«l».200l P«0i7e«9 Clfcfc Amt lw»olc« E 101-41900407 Jgmionai S«fvtc»s Total POIMERCtEAN COMPANY INC. S977 77 8332 $1.777 78 JtMonal Sofvtoa 8/2001 i^aeldhkf 07^134 E 10141900- 10/6/2001 489 Olfterli 1 PROTECTION ONE $179 00 12677951 $179 00 Alarm Service • 10/1-1201/01 Dial PROTECTION ONE ]^a«lCM(i 072135 10/8/2001 E 10142110-201 Omoe tuppliet $6890 90020 Rotinett Cards Total PUBLIC SAFETY PRINTINO SERVICE $68 90 ^aidCnMl (i72il6 10/6/2001 REEO VENDING E 61349900-093 CofKestiont For Resale-Tibl $59 60 4151 Candy for Resale Total REEO VENDING $5960 PaldChMP 072137 10/8/2001 A^NT EfdbtGY E 10142110-381 Gat&Electric E 80149400-381 OatAEItctnc E 10141900-381 Gat&Elm^ E 60249430-381 OasAEIactnc E 10141900-381 Oat&Eltctnc Totol REUANT ENERGY Paid Chii# 672\ih 10/8/2001 RELIANT ENERGY - GC E 61349830-381 Gai& Electric $34 56 060006750600 Ga« Service $109 40 060006750600 Gat Service $60 67 060006750600 Gat Service $11.13 060006750600 Gat Service $42 73 060006750600 Gat Service $25799 $15 98 539004161700 61349830-381 Total RELIANT ENERGY-GC $15 98 PaidChM 072139 10/62001 iCHOENHOfF. JOHN a:^'50 900/01 Rons - Safe Schools Total SCHOENHOFF, JOHN $19 50 PaidCMii 0/2140 10/80001 SETTER A ASSOCIATES. LLC E 10142110-319 Other Profotsional Servcet $539 50 2001 DckQ/hd Invest- R Hendricks lotal SETTER A ASSOCIATES. LLC $53950 Paid Chkf 07^141 10/80001 ^HAUGHNESSY. COLIN E 10141900404 Repairt/Matftt-Bldgt/Groundt $45000 801/01 Lawn Mowing E 10145200404 RepatradAanl-BldgtASroundt $2 014 29 801/01 LawnMowvig Total SHAUGHNESSY. COLIN $2.484 29 PaN Chat 072142 10/80001 SNYDER DRUG STORES E 10142110-201 OfRoetuppiet $39 67 9/1001 Battanes. Os>9 Food E 10142110-201 OfToe tuppliet $27 15 9/11/01 PoloroidFilm E 60149400-227 UtAly System MavH Suppliet $12 43 9001 Fim Total SNYDERDRUGSTORES $79 25 PaN ChJUl 072143 10/80001 SULLIVANS UTIUTY 5ERV. UtC. E 60249450406 RepaimAlamt-Swr Imes/Utt $582 50 23932 PumpGSiJ2 Total SULLIVANS UTILITY SERV. INC.$562M 10/8/2001 TA E 10141600-306 Legal-ProeecutioA $18806 om>i Proteoitttftt 9/2001 1 CITY OF ORONO Check Detail Refliater Fndly. Octotxr 05. 2001 PioaSolO Chtch Amt liwolca Cofwmtnt PatdChlai 072145 Tout TAUENAN0BAERT8CHI 0/8/2001 TEMPORARIES-TCMK) S188 08 E 10M130(M04 TemporaryEfnpioyeMRoguUr E 101-41300-104 Tetr^ary Employees Regular E10M1300-104 Temporary Employeet Regular Tout TEMPORARtES-TOOO $241 50 10385 $150 50 10390 ^178J0 10398 $570 50 Temp Help-Wk End 9^16 Temp Help • Wk End 9/23/01 Temp Help-Wk End 900 Paid Chkf 072146 10/80001 iH6Rpi Dist CO. E 613^9900^1 Beer For Resale $19 40 239631 Beer for Resale ToUl THORPE OI8T CO. $19 40 Paid Chk# 072147 10/80001 iOLL GAS i IMEtblNO SUPPLY E 101-43000-221 Equipment ParU 8 Accessories $13 54 125442 E 101-43000-415 OUier Equ4>ment RenUls ToUl TOLL GASS WELDING SUPPLY $6 05 457397 $19 59 Valve Throttle Cybnder Rental F^aid dhidi 072148 10/8/2001 TRACY TRIPP FUELS E 101-43000-212 Motor Fuels S Lubncanis G10M4101 Gasokne Inventory ToUl TRACY TRIPP FUELS $919 43 85743 $3.294 22 85743 S4 213 65 600 2 Gals Diesel 2174 4 Gals Unleaded UNITED REHTALSPaid Chk# 072149 10/8/2001 E 101-43000-415 Other Equipment RenUte Tout UNITED RENTALS $105iM 202673 $10544 Barricades 'paid Chk# 072150 iffiKoOl UNITED STATES POSTAL SERVICE E 101-41900-322 Postage ToUl UNITED STATES POSTAL SERVICE $1.800 00 Postage $1 80000 Postage for Meter Paid Chk# 072151 lM/2001 US FILTER E 602-49450-406 Repatrs/Maml-Swr ImesAifU E 602-49450-406 Repairs/Mamt-Sef Imesnifts ToUl US FILTER $681 09 7696362 $1.01701 7699119 $1.698 10 LS #2 Repairs LS #2 Repairs Paiddhk# 072152 10/8/2001 VERIZON WIRELESS E 601-49400-321 Telephone E 602-49450-321 Telephone E 101-41900-321 Telephone ToUl VERIZONWIRELESS $15 86 10034585141 $15 86 10014585141 $448 26 10035922058 Utility Dept • CeU Phone Uthn* Dept-Cell Phone Cen Phones $479 98 Paid Chk# 072153 iCV8/2001 E 601-49400-227 Ulil.iy System Mavit Supplies Tout VESSCOINC Paid Chk# 072154 10/6/2001 VESSCO INC. $126 39 24537 $12639^ VIKIMO INDUSTRIAL CENTER Repair Pump - Wtr Plant E 602-49450-240 Small Tools and Mmor Equf) Tout VIKING INDUSTRIAL CENTER $274 49 90319 $274 49 Battery Pack. Cab Cylinder Paid Chk# 072155 VOGT HEATING AAlR E 101-41900404 Repatrs/Mami-Bldgt/Grounds E 101-42110404 Repairs/Mamt-Bldgs/Grounds $366 00 316865 $366 00 316865 Mainunance Cor^trad- Maintenance Contract- cmroFORONo Chack Datail RagtetM- Friday. Odotar os. 2001 PaOaOorO OrnkAm ToW VOOTHEATBiOAAOl $1,700 00 670055 S2.432.00 3TOOAC Una-CH si.osooo ami PaucdOiM-Auguil Tow VOESTNENNEPINPUMJCSAFETY $1,050 00 E 602-49450-227 Utily Sytlam MM Soppfttt $284 36 54660 2ydtConoroli ToM tWESTMOeRCniaXHilC.$284 36 E e02-494S(M0e Ra|>aifiAtoM.Swtlnt*riM* ToW tMOaCRINC S942 30 4615 SM2S0 LS92Rapsin E 602^9450^1 OMOEtoctnc E 101-43000-381 OtsOElKOic E 101-43000-361 GatdEltctnc E 101-43000-381 OatSEItctric Tow WIOOHTHENIiCPMELECTmC S21 19 3113009200 $6 99 3413366000 $6 99 5014799900 $14 65 9014697100 EltctrtcalSofvtoi EMricaiStfvioo EiKincalSwvtoi EloctrtcolSorvioo $93.74 ^Oid £hkf 072160 10/i/iO01 ZAWIOTH WHI8H MORK9 E 101-43000-221 Equipmoni Pads & Acco $399 64 81680 Total ZARMOTH BflUSH WORKS Swotptr Brooms $399 64 10100 Primwy Cash 6107J43 65 CITYOFORONO check register lOmOl 10 53 AM Paget Check ITumhef Employee Maine ^ r.mm oeoies OOOOE. RACHEL M 050196 JOHNSON. MARY ANN 090197 LESKJNEN, DEMISE M 090196 M00R8E. RONALD J 090199 VCE.LINDAS 090200 KUEHN. THOMAS M 090201 OLSON. RONALD J 090202 PCmr. SANDRA K. 090203 ANDERSON. BRUCE L 090204 BOeZIEN.SUEA. 090209 BORIS. SCOTT W 090206 BUDIO. STACIE M 090207 CARLSON.MICMAELB 090206 CORNICK. JAMES L C50200 DEMBOUSKI. JAY C 050210 tRiCKSON. KURT R 050211 FARNIOK, CORREY L 050212 FISCHEN1CH.DANT 050213 FISCHER. CHRISTOPHER K 050214 GOOD. 8TEPHANY R 050219 HENDRICKS. RONALD J JOHNSONBRADLEYP. JOHNSON. JEFFREY 090216 MADSON. ADRIENNE M 050219 MCNALLY. STEVEN A 050220 MCNICHOLS, DAVID L 050221 M0R09VCZYNSK1. JAMES 050222 PERSELL. WILLIAM R 050223 SCHOENHOFF. JOHN B 050224 TOMCHECK, LAWRENCE F. 050229 TOMCZYK.MARKW 050226 WITTKE. ANTHONv A 090227 ARNESON. JOSHUA R 090226 LEE. JOSEPH r 090229 BOLTERMAN. MATTHEW A. 090230 BOnENBERO.WENDYC. 09(»31 DAVIS. MARC L 090232 QAFFRON.MK>4AELP. 090233 OAPPA. GREGORY R 090234 MEYER.WRJJAMC 090239 09IMN.LYLEE 090236 V^INBERGERPAULE. 090237 BRMKHAI^.JOHNF. 090236 OEaAERE.DONALDL 090239 GREGORY. JAMES D 090216 090217 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 Check AmcMvit S1.02067 $56241 $736 93 $1.79510 $1.27014 $1.073 24 $36 32 $36942 $349 64 $707 66 $1,321.16 $704 41 $337 67 $1.47316 $1.810 82 $1.367 04 $1.653 53 $1,358 85 $1.259 26 $2.006 77 $91931 $1.714 89 $1.102 35 $48960 $1.369 63 $540 28 $1.620 91 $347 44 $1.350 95 $254 92 $1.346 43 $1.099 04 $664 90 $247 69 $977 64 $1.064 79 $1.264 64 $1.265 92 $1.64565 $60558 $14019 $1.367 29 $1,231.92 $92600 $96016 Check Daie Check SlaU lonAiiOu 1(V3A)1 Omstandine KV3I01 Oulsiandkig 1004)1 Oulstandng 1004)1 Oulstandmg 1004)1 OuMandkig 1004)1 Omstancing 1004)1 Outstanding 1004)1 Outstandirg 1004)1 Outslandmg 1004)1 Outstanding 1004)1 Outstanding 1004)1 Outstanding 1004)1 Outetandmg 1004)1 Outstanding 1004)1 Outstanding 1004)1 Outstanding 1004)1 OuUtanding 10O4>1 Outstanding 1004)1 Outstanding 1004)1 OuUtanding 1004)1 OuUtanding 1004)1 OuUtanding 1004)1 OuUUnding 1004)1 OuUtanding 1004)1 OuUUnding 1004)1 Outstandmg 1004)1 OuUtanUng 1004)1 OuUtandmg 1004)1 OuUtandUg 1004>i OuUUndmg 1004)1 OuUtanUng 1004)1 OuUtanding 1004)1 OuUUntkng 1004)1 Oulstandmg 1004)1 OuUtanding 1004)1 OuUtanding 1004)1 OuUtandUg 1004)1 OuUtandhg 1004)1 OuUtandng 1004)1 OuUtandUg 1004)1 OuUUndUg 1004)1 OuUtandiig 1004)1 Outstandug 1004)1 OuUMUg J CITYOFORONO chock register lOmOt 10 53 AM f>age2 Cliecli FcHod Check Amount Check DiM Check State 0S024O HANSEfi STCVEN OSOM1 OaEIWKmER.8COTTa 20 20 $978 42 $844 64 10M1 090242 OeRieN.flANOVL 20 $99963 10/301 OMstandkig 060243 PAUICa GREGORY A 20 $78992 UV301 OutstandMQ 060244 RATHBUN. BARRY J 20 $980 66 KV301 Outtteding 060243 SKREEN.OALE8 20 20 $1.006 77 $16667 10/301 Oulitandk^ 10OO1 OuMandmo 060247 BIX. MILTON. H 20 $107 87 KV301 Oulatandno 060246 HAMBRO. MARSHALL J 20 $83 33 10OO1 OuNtandbo 060249 MCINTYRE. WILLIAM E 20 $236 17 10OO1 Oulitandmo 060260 OA8. DANIEL 0 20 187.16 10OO1 Outendmo 060261 PEICKERT.GARYJ 20 $32666 10f3O1 OulatarKkng 060262 ROSS. JOHN A 20 $93 47 10OO1 OtitsMnding 060263 STEFFENHAOEN.RONALO 20 $1.27089 10OO1 Outstanding 060264 STORK, JOHN T.20 $239 28 $64 026 96 10OO1 Outstandkig FILTER; ((year»*2001* and (pay period] In (20))) and [pay group] In fOV) CITYOFORONO Check Oatail Register VlMnMday. Odotar 0), 2MI P»g«lof1 1!1CommaiR moo PrtmwyCMH PliO CM 071035 100^1 CITY COUNTY CREOfT UMOM 0101*21711 CfOdi Union $7.340 00 SAVINGS Wm A TRANSFERRED Total CITY COUNTY CREOrr UNION S7.34a00 PaU CM 071030 100/01 FT 'T NATIONAL BANK OF lAKES 0101-21701 FadwaiVWNMktng $10,499-13 FEDERAL V9IM 0101-21703 FICATailMIMteUIng $4,243.09 FICAAMEOICAPEW/H $4,243-09 FICA A MEDCR CITY SHARE Total MIST NATWNM. BANK OF LAKES $10,909.31 0101-21705 OOMfRo«nnwM 5300.00 OEFERREDCOMP Total ICMARETIREMENT TRUST.457 5300.00 Paid CM 0710^0 iA/3/01 LAW E nFSI^BRTTX BOR SERVICE 0101-21707 UnkMOjM $0.00 imiONDUES Total LAW ENFORCMENT LABOR SERVICE $000 PaM CM 071039 10/3/01 MN DEPT OF REV e RuC 0101-21702 Slala Withholding 53.92S.t3 STATE TAX W»1 ToUl MNOEPTOFREVENUE 53.92S.t3 ^•IdCM 071040 10/3/01 ORCHARD TRUST CO. ’rRUSTEE/CUST O1C1-21705 OlhtfRatlramant $1.954 68 MN STATE RETIREMENT Total ORCHARD TRUST CO. TRU5TEEA:UST $1,954.60 Paid CM 071841 10/3/01 PEBSCO/06RA $128 83 OBRA DEFERRED COMP Tout PEBSCONDBRA $12883 $2.49700 USCM-ENTITY 2339 Total PEBSCOAIS CONF OF MAvolts $2.497 00 Paid CM 071043 10/3/01 PUBLIC EMPLOYEES RETHtEHENT 0101-21704 PERA $6,392-30 PERA CITY SHARE 0101-21704 PERA $4.920 74 PERA EMPLOYEE W/H Total PUBLIC EMPLOYEES RETOEMBfr $11.313 04 Paid CM 071044 lOOA)1 UNITEOWAY 0101-21700 UnMWay $24 00 CHARITY DONATIONS Total UNITEOWAY $24 00 Paid CM 071049 10/3/01 TVISCONSSISCTF O tot-21712 OSMtOaducSom $184 02 JOHNSON SODOTTSeSSI Total tmSCONSmSCTF $184 62 811$46.655A1 L- CITYOFORONO check register lO/OS/Ot 10 37 AM Pegei ClMCll Pair Check Cheek Number Employee Menit Mod Arnoum Dele Check Slalue ... femai daoss PETERSON. BARBARA 10 332322 10T8/01 Oulstandbig 0S02S6 MOORSE. RONALD J 10 $346^1 KVa/Ol Outelandkig 0302S7 SANSEVERE. ROBERT K.10 S26936 lOmi Outitendkig 0S02M FLINT. RICHARD 10 S269 36 KVa/OI Outstanding 0502S9 NVOARO.JAY 10 $26936 KV8/01 Outstanding 050260 WHrrE.JAMESM.10 126936 $1.74697 KV8/01 Outstandkig FILTER: ((yean>*2001' and [pay period] in (10))) and [pay group] in fOZ') information items COUNCIL MEETING Coiiwrn OCT 0 6 200T CRYOFOnONO OF 1 ii 1’ ■•'y. X 4 2 WLake Minnetonka Aj>sociation K j; c„, ^^OOt BcMrd of Directors Bob Bcutler. chair Michael Mason Mitchell Olson Jane Best Regnier Candi Stabedc Carol Stauter Cedney Tuttle October 2.2001 Mike GafTrin City ofOrono P O. Box 66 Crystal Bay. MN 55323 Dick Osgood Executive Director P.O. Box 248 Exctlsior.MN 55331 (952) 4764)883 S01(t)3 Corporation Mike: I appreciate the time you have taken helping me tu understand the Hrelane classification process being undertaken by Orono I have enclosed a cover letter and position statements on behalf of the Lake Minnetonka Association Will you please distribute copies to the Mayor, City Council members and the appropriate Commission members for their review. I would also welcome your comments or requests for additional information Please feel free to contact me at my direct number. 952-470-4449, if you need further information. Again, thanks for your help. Sincerely, Dick Osgood Executive Director W L^ke Minnetonka Association Board of Dfrecton Bob Bcutler, chair Michael Mason Mitchell Olson Jane Best Regnler Candl Stabeck Carol Stauter Cedney Tuttle Dick Osgood Executive Director P.O. eox 248 ExccUior. MN 55331 (952) 4760883 50Hc)3 Corporation October 2.2001 To City of Orono, Mayor. City Council and Commissions RE. ‘Firelane' Access Classificalion The membership of the Lake Minnetonka Association (LMA) is represented by lakeshore owners, businesses and others who seek the preservation of our beautiful lake The LMA Board has identified lake use issues as one of its top priorities In this vein, we have concerns regarding the City of Orono's considerations involving the classification of platted road and right-of-way accesses to Lake Minnetonka, also referred to as firelanes. I understand the City does not intend to change the legal status of these accesses, but rather, it seeks to classify them to provide for appropriate uses It is critical the City ensures the results of this process are compatible with larger lake issues The LMA is concerned about the unstructured and informal nature of these access points Specifically, these accesses are unlikely to have hours of operation, adequate parking and waste disposal, buffers with neighboring properties and adequate enforcement To respond to and help guide the management and preserv ation of lake use, the LMA has adopted position statements, which 1 have enclosed. We hope to facilitate the mitigation of concerns dealing with increasing impacts of lake access, lakeshore development and surface use by providing guidance to those we rely upon as partners in our mutual efforts to preserve Lake Minnetonka The LMA encourages consolidating lake accesses to provide safe and orderly public facilities The LMA encourages lakescaping as a way to provide and restore shoreland fish and wildlife habitat The classification process being undertaken by Orono is a wonderful opportunity to demonstrate good stewardship of our lakeshore habitat I am happy to further discuss our concerns at your invitation. Thanks Sincerely, Dick Osgood Executive Director POSITION STATEMENTS of the Lakk MrNNirroNKA A ssociation Lake Minnetonka is a public resource available for all to use and enjoy. But Lake Minnetonka is also the most heavily used lake in Minnesota. The Lake Minnetonka Association is concerned about the growing impacts from lake shore and lake surface use on and around Lake Minnetonka, including noise, congestion, safety, fish and wildlife habitat disruption and aesthetic damage. To guide the Lake Minnetonka Association and others in providing for a safe, healthy and enjoyable environment on and around the lake, the Lake Minnetonka Association has adopted the following position statements: /. Public access to ixtke Mintwiotika ocatrs via facilities ranging from small, unimproved atui un- maintanml ri^ts^f\%xty to large improwdfacilities. The Ixtke Mimwtonka Associatiott recog9iizes the public right to have access to atui use Ixtke Minttetonkit as a public h a/tfr body. Concerns with neighborhood disruption, noise, parking, wa.ae and santtar}* management, and taw enforcement tend to intensify as the size and operation of public accesses get smaller. To facilitate safe and orderly public access to Ixtke Minnetonka, the Lake Minnetonka Association supports consolidating public access to larger facilities that: • Provide a seiKtratton and buffer from residential areas • Prttvide for sanitary and Haste di,sposal • Provide and maintain adequate parking and access facilities • Provides tmire effective atui efficient law enforcement ^ Adopted by the Lake Minnetonka Association Board of Directors on September 28, 2001. 2. LcAe Minnetonka is the most heavil}^used lake in Mimiesota. Demandfor access to Lake Minnetonka continues to groH\ thereby jeopardizing safe atui enjoyable use of the lake. Pre.ssure is grttwing to develop margiml lands atui tributary areas on atui around Ixtke MinneUmka, which essentially would expmul the shoreline of Ixtke Minnetonka atui create new motorized watercraft access points to the lake. The Lake Mimetonka Association opposes at^ proposal or development that would expand the shoreline of Ixtke Mintielonka atui provide motorized watercraft access to the Ixtke from a tributary* that is outside the current shoreline of Lake Minnetonka. ^ Adopted by the Lake Minnetonka Association Board of Directors on June 2S, 2001. I % 3. Ldut Minnetonka has J3I miles cf lakeshore - much of which has been altered from its natmd condition. These alterations may serve imporumt functions, such as dtareline protection, but one result has also been the loss of habitatfor fish emd wildlife. Until recertify, the only practical alternative to these shoreland improvements has been to ‘leave the shore wild ’ Now, there is another alternative referred to as Ijikescaping.' Lakescaping is simply landscaping on the lake shore which provides an more natural alternative to structural or artificial shore landscaping and erosion control. Udtesccgting cm benefit Lake Minnetonka by improving fidt and wildlife habitat, providing shoreline protection md enhancing the lake's aesthetics. The Lcdte Minnetonka Association st^tports public and private efforts to use bdcesccping on the shore of IxAe Minnetonka. * Adopted by the Lake Minnetonka Assodation Board ofDirectors on Sqrteinber 28.2001. ' See, Lakescaping far nUdli/e and Water Quality, by Carrot Hendwron, Carotyn Dindoff and Ficd Ronimaliki, Noogame Wildlifc Pngnm - Section of WikUile. MN Dcpaitnent of Nattiial Remmci. To older, call l-a0O4S7-3757 or 6S1-297-3000. h\ '■4' September 26.2001 OC^O OtiYof. ^2001 From: Roger lod Lucille Kodner 2000ShadywoodRo«l To: Mayor Barbara Petenon. City of Orono City Council: Richard Flint, Jay Nygard, Bob Sansevere, Jim \%nite Ron Moone, City Adnunistrator Greg Oappa, Director of Public Services We thank you for the tune, effort and thoughtfulness that went into prqraring for and conducting the public heating on Monday, September 24. It was a model of how local government should work and we are pr^ to be citizens of Orono. Ataneariier Council meeting. Mayor Peterson noted that Orono was changing, but nuybe not for the better. At the time I thought that we ate depending on Orono becoming better, and we have not been disappointed. Thank you for your action. We now feel like we can have a life! Roger and Lucille KirdHier 2000 Shadywood Road 9S2-471-9I46 .V