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02-28-2000 Council Packet
PUBLIC ATTENDANCE ,,2,2, -co � COUNCII., □PLANNING COMMISSION OUT 1HE INFOJb\iATION □PARK COMMISSION□01'HER NAME (please print) ADDRESS REQUFSrED BELOW FOR OUR CITY ·RECORDS. PRESENT FOR (from agenda) NAME OR NUMBER J'"'<" ..., / 'lh�� -1 �/I ( 5 //--c-� c- -3._�J_e ____ �_�_1,:__n _�_i_,_<... ____ ·y1_1_l_v __ 2_v_ .. _c/_.=._lc_�_7 ____ w_�_c_/c __ Y_(_,__l'f.!_e--$.;;;;;• __ _·- 4.,/ £&.&z: s.C�t -t �Bt:t1R ',IRK1 (,4/Jfi:: 'f (, C' /'v L c. l<, [');\ vtl � y .4 "Ee u EA.' r <tif :n:. I c; C,i1 R,Gff T -Qf- \J i ?,� -,4 /�' 6. _______________________________ _ '·-------------------------------- 8. ______________________________ _ 9. ______________________________ _ 10. ______________________________ _ 11. ______________________________ _ 12. ______________________________ _ 13. ______________________________ _ 14. ________________ _, ______________ _ 15. ______________________________ _ •lffl.A REQUEST FOR COUNCIL ACTION COUNCIL MEETING FEB 2 6 2000 Cl IY Uh QHONO DATE; February 28, 2000 ITEM NO.: ( Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Public Hearing for Foxridge Saniiary Sewer Project A Public Hearing was previously held for this project. At this hearing, the property owners questioned the cost allocation for the project. The 1996 MUSA expansion only included the Fox Ridge Neighborhood and the two adjacent properties on South Brown Road. To provide sewer service to the neighborhood, a force main needs to be installed north along South Brown Road to the Watertown Road intersection where it will connect to the City of Long Lake sewer system. The original concept was that the property owners in the Fox Ridge MUSA expansion project area would be assessed for all of the project costs including the South Brown Road force main. The residents questioned the fairness of their being assessed for all of the costs if residents along SouthBrown Road may connect to this sewer in the future. At the January 10* Council meeting, the City’s Policy on cost allocations for sewer projects was discussed. The Council confirmed it’s policy that neighborhoods requesting sewer should pay the full cost of the improvement project. The Council also directed staff to contact all of the properties, adjacent to South Brown Road, that would have a sewer force main installed past their property to see if they are interested in connecting to sewer as part of this project. The project costs would then be split among ail of the properties that participate in the project. The estimated assessment per unit, for a pressure sewer system, if only the residents in the Fox Ridge MUSA expansion area participate, is $23,600. For estimating purposes, if three of the ten South Brown Road residents participate in the project, the estimated assessment per unit is $18,800. This assessment will vary depending on the number of participating properties. A neighborhood informational meeting was held on February 8* for the South Brown Road residents. Three of the ten property owners attended this meeting. One of the owners had a conforming septic system and was possibly interested in connecting to the sewer. The other two property owners had nonconforming septic systems and were interested in connecting to the sewer. We had a phone conversation with one other property owner who has a new conforming septic system, with the house located several hundred feet from Brown Road. This property owner was not interested in sewer. ■J •. V . •: > The Council needs to conduct a public hearing to obtain public conunents from the Fox Ridge and South Brown Road residents. Ptoject funding also needs to be clarified at the hearing. The next step to advance the project would be to order the preparation of plans and specifications. COUNCIL ACTION REQUESTED: Approve Resolution Ordering Preparation of Plans and Specifications for the Fox Ridge/South Brown Road sanitary sewer project. . A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR FOX RIDGE AND BROWN ROAD SOUTH AREAS SANITARY SEWER IMPROVEMENTS WHEREAS, the City of Orono is a municipal corporation existing under the laws of the State of Minnesota; and WHEREAS, the City Engineer has prepared a feasibility study to determine the feasibility of serving the Fox Ridge and Brown Road South neighborhoods with sanitary sewer; and WHEREAS, on January 24, 2000 the City Council adopted Resolution No. 4418 receiving the feasibilit>' report and calling for a public hearing for Fox Ridge and Drown Road South sanitary sewer improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 28th day of February, 2000, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby direct the City Engineer to prepare plans and specifications for the installation of sanitary sewer for the Fox Ridge and Brown Road South neighborhoods. Adopted by the City Council at a regular meeting held on February 28,2000 by a vote ayes and navs. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk •1 mJLLJC is I Si^oK■ir«n! I >r^i I .^•1 2 • # C lUcaii 191 [la M - - \. •»€tUOt AV •••* («i)til’ 1 # 1 •• i • >th im M fc-x rS‘*>*i-i\ —.,\\ ' c'1. fc.—^ I CAXS6 A.f s cA 1 ,A.a ■M f^il ^ ,f„a 1 (lU Jy (/••a 1 C>l » Cin a ■•• tai @) c.Aj 1 1 (3)1 ■no < .1 I : *c5i !{=1 'cSj CCI tu •SAlSJdMD i 1 ,; •X'fJ”I "’* «•• • •mm (Ml 1 . «•» ____: f gyra J s ! L 1' Ca ! 9 ! <• tM1 . ^ • ' iri“1 s'*r 1 '“ •t w- . m .! - - 1 «'1J4d ws ^ liV. s B (SI 1 •• «1 B ?• ci!j^ 1 sVI5iia \3.t V » ♦•• •» n . _ A* (•a *nirt V -t\» **. •» \ 1 (■a ilNN-' >f»ti 3^iM-*‘«r« (22^ VSk t -4. dSP ♦♦ » «ir» ri« •" #C3 s n 1 »v^ % ^ m •« *1*1 GlTYof ORONO r>- ik-Municipal Offices »* Street Address: 2750 Kelley Partway Orono, MN 55356 MaHinf Address: P.O. Box 66 Crystal Bay, MN 55323-0066 February 1,2'• II Dear Project Area Residents; Notice of Hearing on Improvement Notice is hereby given that the Orono City Council will meet in the Council Chambers, 2780 Kelley Parkway, at 7:00 p.m. on Febniar}' 28,2000 to consider the installation of a pressure sanitary sewer system in the Fox Ridge / South Brown Road Area pursuant to Minn. Stat. 429.011 to 429.111. The estimated cost of the improvement is $226,000 this results in an estimated per unit assessment of $18,800 which includes a $4,500 grinder pump allowance. This cost estimate is based on the nine properties in the Fox Ridge MUSA expansion area and three additional properties, along South Brown Road, being added to the project. The assessment will vary depending on the number of properties included in the project. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Project Background Information and Purpose of the Public Hearing The Fox Ridge Neighborhood was included in the recent Metropolitan Urban Service Area (MUSA) expansions for sanitary sewer installation because of the smaller lot sizes, and nonconforming septic systems with limited replacement sites available. This area is one of ten neighborhoods included in the recent MUSA expansions. Sewer projects have already been completed in seven of these areas with the final three projects scheduled for completion this summer. Telephone (612) 249-4600 • Fax (612) 2494616 A previous Neighborhood meeting and Public Hearing were held for the residents in the Foxridge Neighborhood. At these meetings, the neighborhood residents requested that the area adjacent to South Brown Road, between the Fox Ridge Neighborhood and Watertown Road, be included in the project area. The sewer line to serve the Fox Ridge Neighborhood will be installed along South Brown Road and will connect to the City of Long Lake sewer system at the Watertown Road intersection, so a sewer line will be located adjacent to the South Brown Road properties. Including the Brown Road properties will result in lower assessments for all of the residents, as the project costs could be split among all the participating properties. The City Council recently approved adding the South Brown Road properties to the project. History of the Project and Evolution of the City’.* Sewer Policy An understanding of the project history, and City sewer policies, is necessary to fiilly understand the evolution of this project. For the last twenty years. City policy has been to only provide sewer to the existing older developed areas of the City. New development in the two and five- acre residential zones requires individual wells and septic systems. This policy has been in place to limit the density of development in the City in order to protect the lakes and wetlands from excessive storm water runoff. For areas to be eligible for sanitary sewer, they had to be included within the Metropolitan Urban Services Area (MUSA). Approval from the Metropolitan Council is required for any changes to the MUSA. In 1996, the City obtained MUSA expansions to sewer ten existing developed neighborhoods with smaller lots in which the options for septic systems were limited. The Fox Ridge Neighborhood was one of the MUSA expansion areas. At the time these MUSA expansions were obtained, it was very difficult for the City to obtain MUSA expansions. Therefore the expansion areas were limited, only to specific neighborhoods. The areas adjacent to the sewer lines required to serve the neighborhoods were not included in the project. Since the MUSA expansions were obtained, both the City’s and Metropolitan Council’s policy toward the provision of sewer service has been changing. The Metropolitan Council authorized the City to connect fifty units to sewer, if they were adjacent to an existing sewer line, without a MUSA amendment. The City’s first policy change was that sewer service for properties located adjacent to sewer lines, but outside the MUSA line, would only be provided if the property had a nonconforming septic system and no replacement septic sites available. The Council just revised the policy to allow sewer service to all developed properties adjacent to sewer, so all of the properties along South Brown Road are now eligible for sewer. All of the costs for providing sewer will be assessed to the benefitting properties that are included in the project. Information on estimated project costs is provided below. Construction of this project is planned for this summer. Project Assessments for a Pressure Sewer System with Residential Grinder Pumps This pressure sewer system will consist of individual residential grinder pumps that discharge into a force main located in the street. A service stub with a shut off valve will be installed to the property line. The property owner is then responsible for the connection between the service stub and the house, and abandoning the existing septic system. The property owners are also responsible for the purchase, installation, operation, and maintenance of their own grinder pump. This pumping system consists of a pump and a tank located in the yard, similar to the pump and tank for a mound system. Grinder pumps grind up the solids in the flow versus a mound system pump that pumps clear wastewater, so g»’mder pumps may require more maintenance and repairs. The estimated assessment is $14,300 per unit payable over a fifteen-year period. There is also an option for the residents to receive an allowance of $4,500 for the purchase of their grinder pump. This grinder pump allowance would then be added to the $14,300 assessment for a total assessment of $18,800. Installation of the grinder pump would be completed by the licensed plumber hired by the property owner to complete the sewer service connection to the house. The assessment amount assumes that in addition to the nine properties in the Fox Ridge neighborhood, three properties along South Brown Road will choose to participate in the project. There is a total of ten eligible properties along South Brown Road. If more properties participate in the project, the assessment will be reduced. If less participate, the assessment will increase. Options for prepayment of the assessment are available. Based on several projects recently completed, the estimated interest rate is 6.25 %. Based on a 15-year assessment at 6.25 % interest, the annual assessment payments, for a $18,800 assessment, will be approximately $2,000. The property owner is also responsible for payment of a SAC (Sewer Availability Charge) at the time the permit for connection is issued. The 2000 SAC charge will be $1,150 per unit. This money is collected by the City and then forwarded to the Metropolitan Council Environmental Services Division. This money is used to pay for the additional capacity built into the MCES sewer interceptor pipes, and treatment plants, for future connections to the sewer system. This is a standard charge for new sewer units for the entire MCES system in the metro area. The year 2(XX) quarterly sewer rate for the entire City is a flat fee of $81.85. Sincerely; Gregory A. Gappa Director of Public Services I I P) »\ 2'1 • I 1 I(49 «t«^ NEILSON AVE . ■*• 71• (49 '« •* (39 1 1••»*'K 1 • ‘ui-Jw Z_Ji •UJ w* 5 \ 7 m 1 y ^ ’ :fK « • (• • Vk («l .lt»\WAR, ^)f I]> w ESTWCX)a^ *• \ /bal”aw Mrwtf HIM •!• i o^tn-AS^A/ (COLIN DR) ■SXSFT(»• *n •M < Z VrR R* ' . A <* ■ (• (Jt»nr'in(79 ■ K <e--^ "**------7T»•» CM lO A . U1<nyllil (»' •ifn •du j w RLSNi ft (?# )531 # _Mi/» R L S NO 352 ^^-//7.^j V s’ 1^Fox li XPKU U5A " .03-n7-Jl3 Report F or Fox Ridge Sanitary Sewer Orono, Minnesota January, 2000 File No. 139-99-106 j/ J Bonestroo Rosene ■Anderlik & |\ I Associates Engineers & Architects January 18,2000 aorescrao. Rose^c. k jind Associates, tnc. #f sn Afftr.yfjrtve Action EouJt Cccortu^ity PnnctpdiL Olio G Bonejtroo. PE • Josepn C. Anderlik. P£. • M;»rvin L Sorvafa. P£. • Glenn R. Cook. PE. • Rooert G Scnunicht. PE. • Jerry A. 0o*.if(3on. P£ • Rooerc W Roiene. PL. Rtcnard E. Turner. PE. and Su:an M Eseri.n. C PA . Sen.or Conjultanfj Associate Pnncipeis Howard A. Sanford. PE. • Keith A. Gordon. PH • Rooer: Pfcfferle. PE • Richard W Foster. PE. • David O Loskota. PE. • Rooert C. Russek. A.i A. • Mark A. Hanson. PE • Michael T. Raurmann. PE • Ted K Fiefd. PE. • Kenneth P. Anderson. PE. • Mark R. Rolfs. PE • Sidney P Williamson. PE.. LS • RoOert F. Kotjmith • Agnes M Ring • Allan Rick Schmdt. PE Offices: St. Paul. Rochester. Wilimar and St. Cloud. MN • Milwaukee. Wl WeOsite WWWOonestroo com Mr. Greg Gappa Director of Public Services City of Orono PO Box 66 Crystal Bay MN 55323-0066 Re: Fox Ridge Feasibility Report File No. 139-99-106 Dear Greg: As directed by City staff, we have reviewed the existing conditions and the P“^>ble insall^on of sanitary sewer to serve the Fox Ridge neighborhood and several properties north of ' RTdgrneighborhood is located on the east and west sides of South Brown Road just so^ of he Luce Line trail in Orono. The other properties are located adjacent to South Brown Road between tte Luce Line Trail and Watertown Road. For the purposes of this report there are ‘“'I”'^^ would benefit from sanitary sewer. City records indicate that most septic sys ems i c non-conforming or failing. Designs for both a gravity system and a grinder (pressure) system were considered m °* and 2. The gravity system would require the installation of a pemment i t s a ion i •' jug neighborhood. Gravity sewer pipe would be installed in the street and carry o ® ‘^ three properties located along South Brown Road north of Fox Ridge wou individual residential grinder pumps. Sanitary sewer services would be extended to the property lin . The grinder system option would require the installation of a common forcemain along the existhg street Services would be extended to the property lines. Each residence would be served by a residential grinder station that would pump flows into the common forcemain In both the gravity and pressure options, the sewer pipe crossings under C.R. 146 and would be jacked or directionally bored. Both systems assume flows wou e pump would gravity manhole at the intersection of Brown Road and Watertown Road in ong . be extended to all frontages along South Brown Road between Fox Ridge and W atertown Road. The following is a summary of the estimated costs for each option: Area M of Units Est. Project Cost Est. Cost / Unit Fnx Ridffe-Grinder 12 S226.000 S 18.800 1 Fox Ridge-Gravity _______________12 _________S378.000_______I_______S31.5QQ_______ the edge of the roadways and therefore street repairs would be necessary only at manhole locauons. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651*636*4600 - Fax: 651*636*1311 1. The estimated costs are based on 1999 unit prices and can be related to the ENR Construction Cost Index for January, 2000 of 6,130. Soil investigation work has not been completed and the estimated costs are based on typical Orono soils. The project would require a license agreement between the City and the Minnesota Department of Natural Resources (MN DNR) to cross the Luce Line trail. Permits will be required from Hennepin County and the Minnesota Pollution Control Agency. The City of Long Lake will need to approve the connection to their system. The construction of the sanitary sewer to serve the Fox Ridge neighborhood is feuible from an engineering standpoint. The project is necessary because of the non-conforming septic systems and potential pollution problems. The capital cost as well as operation and maintenance costs have been considered in determining that the project is cost effective. The cost of these improvements ^e interrelated and should be assigned equitably between all property owners. The following recommendations are presented for consideration by the Orono City Council: That this Report be adopted as the guide for installation of sanitary sewer to serve the Fox Ridge neighborhood and certain propr".ies along South Brown Road between the Luce Line Trail and Watertown Road. 2.That the City conduct a legal and al review of the proposed project prior to the public hearing. 3.That a public hearing be held on the proposed improvements. The total estimated project cost of $226,000 should be incorporated in the public notice. The total estimated cost of $226,000 for the grinder system includes a 5 percent contingency, a 20 percent allowance for design, inspection, legal, and administration costs, and a 5 percent allowance for capit im interest and bonding costs during construction. The cost estimate does not include easement costs t could be incurred on the project. The installation, operation and maintenance of the gnnder stauons ana the connection of the sewer between the property line and the home will be the responsibility o t e property owners. Detailed cost estimates for both options are attached for your review. We would be pleased to discuss this report further with the City Council or City staff at any mutuady convenient time. Respectfully submitted. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Thomas P. Kellogg. P.E. Date: January 18.2000 Reg. No. 26917 r FOX RIDGE SANITARY SEWER • GRAVITY OPTION PRELIMINARY COST ESTIMATE _____ ITEM 8* PVC sanitary sewer Jack 6* PVC sewer, incl. Casing Directional bore 4* HOPE forcemain Standard 4' dia. MH overdepth 8" X 4* wye 4" PVC service pipe Directional bore 1 1/2" HDPE service pipe Improved pipe foundation Televise sewef Mechanical trench compaction Submersible pump lift station Connect to existing manhole Meter manhole Mobiliz ition Silt fence Bituminous surface removal Common excavation Geotextile fabric Class 5 aggregate base, 100% crushed Type 31 bituminous base course Type 41 bituminous wear course Bituminous material for tack coat Repair driveways Sod with 4" topsoil Seeding w/topsoil, mulch, and fertilizer UNIT EST.EST. UNIT PRICE QUANTITY COST LF 28.00 625 $17,500 LF 200.00 75 15,000 LF 22.00 2,300 50,600 EA 1,500.00 5 7,500 LF 100.00 10 1,000 EA 75.00 9 675 LF 20.00 270 5,400 LF 20.00 200 4,000 LF 1.00 1,075 1,075 LF 1.00 700 700 LF 1.00 895 895 EA 75,000.00 1 75,000 EA 2,000.00 1 2,000 EA 1 5,000 LS 5,000.00 1 5,000 LF 2.50 1,600 4,000 SY 2.00 2,600 5,200 CY 6.00 1,000 6,000 SY 1.50 2,600 3,900 TN 10.00 1,600 16,000 TN 32.00 315 10,060 TN 35.00 235 8,225 GL 1.50 150 225 EA 750.00 9 6,750 SY 2.50 2,350 5,875 AC 3,000.00 0.3 900 Estimated Construction Cost •t-5% Contingencies +20% Legal, Engineering and Administration Residential grinder station Long Lake connection charge EA EA 4.500.00 1.700.00 3 12 +5% Capitalized Interest and Bonding Total Estimated Cost $258,500 12,925 $271,425 54,285 $325,710 13,500 20,400 359,610 17,981 377,591 FOX RIDGE SANITARY SEWER - RESIDENTIAL GRINDER OPTION PRELIMINARY COST ESTIMATE_____________ ITEM UNIT UNIT EST. PRICE QUANTITY EST. COST 1 1/2" HOPE service pipe 1 1/2" HOPE service pipe-directional bore 2" HOPE forcemain-directional bore HOPE service tee Curb stop Cleanout manhole Repair driveways Bituminous street patching Connect to existing manhole Erosion control fence Mobilization Sod with 4* topsoil Seeding wAopsoil, mulch, and fertilizer Meter manhole LF 10.00 200 $2,000 LF 20.00 460 9,200 LF 20.00 2,950 59,000 EA 50.00 12 600 EA 200.00 12 2,400 EA 2.500.00 6 15,000 EA 750.00 3 2,250 SY 10.00 200 2,000 EA 2.000.00 1 2.000 LF 2.50 300 750 LS 5.000.00 1 5.000 SY 2.50 2,200 5,500 AC 3,000.00 0.3 900 EA 5.000.00 1 5,000 Estimated Construction Cost *S% Contingencies •f20% Legal, Engineering and Administration • Residential grinder station Long Lake connection charge •(■5% Capitalized Interest and Bonding Total Estimated Coat EA EA 4.500.00 1.700.00 $111,600 5,580 $117,180 23,436 $140,616 12 54,000 12 20.400 215,016 10,751 225,767 2 8 2000 3 OflONO CITY COUNCIL MEETINi'^'* MINUTES FOR FEBRUARY 14,20(»"' ROLL The Council met on the above-mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Richard Flint, Charles Kelley, Barbara Peterson, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA 1.Approve/Amend Items 6,7, 8, 9,15, and 16 were added to the Consent Agenda. Flint moved, and Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *2, Regular Council Meeting of January 24,2000 Flint moved, and Peterson seconded, to approve the Minutes of the Regular City Council meeting of January 24,2000 as submitted. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - ANDREW MCDERMOTT, REPRESENTATIVE McDermott brought a number of items to the Council’s attention. Sledding is open at the golf course and they axe selling hot chocolate on the weekends. They are doing survey work at Saga Hill, and are having a difficult time finding all the property comers. The Commission is working to locate them all and have ended up with more property than they originally thought they had. They’re excited to be getting some areas with large trees. Summit Beach will advertise canoe rack rentals in March or April. The Park Commission will be working on a 5 or 10 year plan for capital improvements. .* • ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR’S REPORT 3.#2530 William Wear, 2160 Wayzata Boulevard - Variance - Resolution No. 4420 Mr. Wear was not present, but was represented by his general manager. The City Council had previously reviewed this application and tabled the request because the overhead canopy was not in conformance with the approvals granted on a prior land use application. The property owner has since replaced the lighting under the overhead canopy to comply with the City requirement. The property was granted variances for allowed signage per Resolution No. 2073 that approved 573 s.f. as part of a Comprehensive Sign Plan. The Applicant has proposed a new sign plan that would dedicate more signage to one use than was permitted by Resolution No. 2073. y.ie Planning Commission has reviewed the request and recommended the property be allowed 380 s.f of signage, based on the use of the property as a shopping center. The site is zoned B-1, however, the use of the property for a number of years has been consistent with that of a property in the B-3 district. If this lot was located in the B-3 district it would be allowed 380 s.f of signage. The building is designed for each tenant to have exterior access. This requires each tenant to be identified on the exterior of the building rather than the interior entrance associated with a shopping center. Sansevere stated the lights replaced under the canopy look much better than the lights originally installed. Flint questioned how the proposed sign they received in their packet was different from the new proposal. 4 i ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 (#2530 William Wear, continued) Weinberger stated the sign has not changed, but a brick planter 3 feet in height is proposed to be located under the sign. Flint stated he is willing to vote in favor of the application although the sign may not be what he would like to see on the site. Flint noted the business owner has been cooperative with the City throughout the process. Kelley liked the idea of a planter base, but overall disapproved of the new sign because it would be too tall. Mayor Jabbour stated that the Council would like the bricks to be masonry bricks and the plants to be tended to. He also indicated that the sign height is not the City ’s ultimate design standard for the Highway 12 area, but it is much improved from the former pylon sign on the property. The City will be developing design standards in the near future. Hawn noted that the Conoco has collateral signs (e.g. an ATM banner) that should come down. Weinberger stated all signage must be in conformance by March 31,2000. Mayor Jabbour stated that all collateral signage must be removed before March 31,2000 as a condition of approv al of the variance. He also stated that the Council would like to see the sign with modest illumination only during business hours, and with flowers planted and tended to in the base, or a plan approved by the City. Flint moved, and Sansevere seconded, to adopt Resolution No. 4420 granting a variance to Municipal Zoning Code Section 10.61, Subd. 3(A). Vote: Ayes 4, Nays 1. Kelley opposed. 4.#2540 Bradley Hoyt, 2523 Kelly Avenue - After-the-fact Conditional Use Permit Mr. Hoyt was not in attendance but was represented by Mr. Sheridan. Mr. Sheridan requested that the application be tabled. Mayor Jabbour noted the applicant would need to provide a letter to the City of Orono to extend the application deadline. Mr. Sheridan stated he would be willing to write a letter to Mr. Barrett, on behalf of Bradley Hoyt, to extend the application deadline. ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 (#2540 Bradley Hoyt, continued) Barrett stated a public hearing had been scheduled with the Planning Commission on Januaiy 19,2000. Neither Mr. Hoyt nor representatives on his behalf appeared at the January 19*'’ public hearing. Mr. Sheridan stated Mr. Hoyt is prepared to submit a complete application to present at the February 28,2000 meeting of the Council. Mayor Jabbour stated a new public hearing with the Planning Commission may be required. Barrett stated a public hearing would be required to review the variance request. Kelley stated the earliest this item could potentially return to the City Council would be the last meeting in March. Mr. Sheridan stated he would be willing to draft a letter to extend the deadline to permit time to proceed with the variance request. Kelley moved, and Peterson seconded, to continue this item to 5A. Vote: Ayes 5, Nays 0. 5.#2550 Charles Van Eeckhout, 120 Brown Road South - Subdivision for Planned Residential Development Mr. Van Eeckhout was present with representative John Bergh of Loucks and Associates. Weinberger explained the issue facing this application was that the dry buildable acreage available totaled 13.7 acres where 14 acres are required for 7 lots. As planned, the subdivision did not meet city requirements of 2 acres per lot. The Planning Commission recommended denying the application based on the total dry buildable not meeting the minimum requirement of 2 acres dry buildable per lot in the RRIB zoning district. Kellogg stated that no trail or sidewalk was planned with the recommended 50 foot road width. Sansevere asked if the applicant had considered a reduction to 6 lots. Van Eeckhout responded that he would prefer 7 lots and felt that would be attainable once soil borings were done in the spring. k.»..n’-----•!.- .i.*"v •, l i4i r*'--i.>i'— ri **»*»)'i—t--------- • ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 (#2550 Charles Van Eeckbout, continued) Mayor Jabbour commented that the city would not allow sewer availability to increase lot density. All Council members agreed. The applicant must demonstrate a hardship to allow more than the permitted density on the site. �Ir. McCusky, the adjoining property owner, was present with legal representation arguing that the applicant had not made arrangements for proper legal access to the subdivision. He was concerned that approving the subdivision may imply some legal rights to access. Barrett confirmed the ease1nent to the property was for driveway purposes and may not be adequate to serve as access to the subdivision. Barrett stated the application deadline is March 2, 2000. The applicant must present a letter to the City of Orono to extend the deadline. Mayor Jabbour stated the applicant should provide a letter requesting the application be tabled, giving the applicant time to resolve the issues of dry buildable acreage and access to the property through a designated outlot. Kelley moved and Peterson seconded to table the application until the applicant requests further review. Vote: Ayes S, Nays 0. SA. #2540 Bradley Hoyt, 2523 Kelly Avenue -After-the-fact Conditional Use Permit Mr. Sheridan provided a letter requesting the application be tabled until the end of March. The letter also stated that the property owner, Mr. Hoyt, has granted the city an extension of the time limits for approval. Kelley moved, and Petenon seconded, to table the application until the end of March. Vote: Ayes S, Nays 0. *6. #2552 STEVEN AND SHEILA SIGEL, 1399 PARK DRIVE -VARIANCES RESOLUTION NO. 4421 Flint moved, Petenon seconded, to approve and adopt Resolution No. 4421, a Resolution Granting Variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivisions 16 (C)(6). VOTE: Ayes S, Nays 0. 5 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 *7. #2553 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE - VARIANCES - RESOLUTION NO. 4422 Flint moved, Peterson seconded, to approve and adopt Resolution No. 4422, a Resolution Granting Variances to Municipal Zoning Code Section 10.61, Subdivisions 2 (A)(3). VOTE; Ayes 5, Nays 0. *8. #2555 HENNEPIN COUNTY, 3880 SHORELINE DRIVE - ZONING CODE AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCES Flint moved, Peterson seconded, to table zoning application #2555 for Hennepin County and continue the request to a future Council meeting. VOTE: Ayes 5, Nays 0. *9. REQUEST FOR PAYMENT #2 - STUBBS BAY ROAD CUL-DE-SAC Flint moved, Peterson seconded, to approve Request for Payment #2, Stubbs Bay Road Cul-de-Sac Project to Buffalo Bituminous Inc. in the amount of $2,643.61. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere stated a resident in the Saga Hill area wanted to poll the Council on whether they would allow snowmobiles in Saga Hill. The Council unanimously agreed that no snowmobiles will be allowed in the Saga Hill Natural Area. Sansevere also stated that a citizen has complained of unsightly yard junk along County Road 19 in the west central portion of the city, and wanted the Council to look into the matter. Mayor Jabbour stated the Council should take an official position on that; and that he sees nothing wTong with County Road 19. Kelley suggested that if people are within the city ordinances, they cannot legislate the way people live. Rick Meyers suggested the city legislate what is offensive and enact a law allowing the city to clean-up people’s yards, then bill them for it. Peterson asked if something could be printed in the newsletter about the issue of unsightly yards regarding what the city ordinances allow and what the consequences are for violations. Mayor Jabbour mentioned the possibility of expanded pick-up and providing an occasional drop-off site. Meyers suggested that citizens with trucks could volunteer to help others (especially the elderly) move trash to a drop-off site. ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 (Mayor/Council Report, continued) Peterson, Moorse, and Kelley are on the Long Lake Volunteer Fire Department Relocation and Building Committee. The committee has interviewed 3 architectural firms, T.K.D.A., S.E.H., and B.K.P.V. The committee chose B.K.P.V. by majority vote. Kelley noted that they are in a unique position because two city councils are working together on the fire station project. He also stated that the site selection is critical and they need to proceed quickly. Mayor Jabbour suggested they have only one representative present information to the Councils to avoid confusion and conflicting views. Peterson noted that they are taking into account the area worked by the fire fighters, as well as their home addresses, in selecting the site. Sansevere stated that the police officers would like to meet with the Council regarding the selection of a new chief of police. The police could provide a committee to work with the Council. Flint asked for an update on the County’s plans for the Hennepin County Shoreline Drive Public Works facility. Mayor Jabbour stated that the County had asked for the application to be tabled to provide time for the County to consider moving the facility. This may be difficult because the facility serves Watertown, Minnetrista, and Shorewood. Mayor Jabbour noted that neighbors are disturbed by the truck traffic at the site. He also stated that this is a two point issue: 1) could they abandon the site, and 2) if not, could they build something more attractive. Kelley stated he is concerned with run-off and pollution of the wetlands from the salt shed. Mayor Jabbour stated he had attended a positive meeting regarding the Dakota Rail to Trail project. ENGINEER REPORT to. Access Options for Narrows Dock Lots Mr. Miegel, a dock lot owTier, was in attendance. Dock lot owners have concerns about Shadywood Road being posted as no parking. Many neighbors attended a previous meeting on the issue. At that time, the staff recommendation was that the no parking be revised to allow 5 vehicles to park in the area. The Council decided not to change the parking restriction at this meeting. Gappa, Gaffron, and Mr. Miegel have met with Hennepin County. There is one existing curb cut that accesses one dock lot. The county would only grant one additional curb cut to access the rest of the dock lots. The county wants the dock lot owners to get together to work out cross easements before a curb cut permit is is.sued. ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 (Access Options for Narrows Dock Lots, continued) The Council discussed ihe possibility of permit parking along the street for dock lot owners only. Gappa explained about 5 cars could be parked in the 100 foot area near the docks along County Road 19. Currently there is no legal street parking near the docks. Mayor Jabbour stated the neighbors should attend a meeting to discuss the issue, and that city staff should send a letter stating the Council’s intent that the property owners work out a solution to this problem prior to the Council meeting. He asked that a meeting be scheduled for the Council meeting on March 27,2000. II.Seasonal Weight Restrictions - Resolution No. 4423 Kelley questioned changing the seasonal weight limit from 4-ton to 9-ton on North Femdale Road. Gappa stated it was recommended that the limit be changed because the road is a major collection road and was just reconstructed up to a 10-ton load standard. Mayor Jabbour moved, and Sansevere seconded, adopting Resolution No. 4423 establishing Weight Restrictions on Orono Public City Streets, per staff recommendations. Vote: Ayes 4, Nays 1. Kelley opposed 12.Navarre Park Improvements Andrew McDermott and Rick Meyers were in attendance. The Park Commission has had several meetings, including some neighborhood meetings. The community made a list of desired renovations. The Commission has worked to decrease the cost resulting in three plans: one at $255,000, one at $147,000, and one at $125,000. The applicants have a list of basic requirements for the park: parking, an accessible path for people with disabilities, accessible play equipment, a water source, and separate play areas for big and little kids. The applicants noted that this park serves over 800 houses. They have looked into different means of funding the renovations including: donations, grants from the Mel Council and the DNR, and pull-labs. The most likely source is the DNR grant. They have already submitted an application for the DNR grant, which will match funds with other sources. Peterson suggested they approach the Lions Club. Gappa noted that walking along County Road 19 is hazardous. He suggested they look into using State Aid money to build a sidewalk. Mayor Jabbour asked if the park could be renovated partly in 2000 and partly in 2001. 8 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 (Navarre Park Improvements, continued) Mayor Jabbour recommended they get the play equipment in place to generate interest among the residents, then get residents involved in the planning process for the remainder of the park. Moorse cautioned the applicants that they might lose grant money if they spend city ftmds before receiving the grant. The grant may only match funds that are promised, but unspent. Kelley urged the applicants to get the play equipment in place before school lets out for the summer. Mayor Jabbour moved, and Peterson seconded, to approve the $147,000 park plan, and authorize the expenditure of up to $80,000 from the Park Fund for the purchase and installation of the planned play equipment with two modules and a handicapped accessible path to the play equipment. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT 13.Shevlin Drive Stop Sign Request Mr. Rakos was not in attendance so the application was continued. 14.Schedule Park Commission Interviews Flint stated that the Park Commission should remain at 7 members because the different areas of the city are not evenly represented with the current 5 members. Interviews will be held at the Council meeting on March 13,2000. *15. WeCAN REQUEST FOR CDBG FUNDS Flint moved, Peterson seconded, to indicate the City’s support of the WeCan application for CDBG funding, and to direct staff to prepare a letter of support. VOTE: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 *16. PLANNING COMMISSION REAPPOINTMENTS Flint moved, Peterson seconded, to authorize staff to determine the interest of Jan Berg and Dale Lindquist in serving another term on the Planning Commission. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT City Attorney Tom Barrett requested to meet in Executive Session with the City Council to discuss pending litigation. *17. LICENCES Flint moved, and Peterson seconded, to approve the following licenses. Vote: Ayes 5, Nays 0. RESIDENTIAL KENNEL LICENSE 1.Carol Brooks 980 We.'^t Femdale Road 4.Don Lindall 666 Tonkawa Road 2.Irwin Jacobs 1700 Shoreline Drive 5.Jayne Paasch 2150 Kenwood Way 3.Jane Kline and Steve Bell 4455 West Branch Road 6.Greg and Nancy Truchinski 1580 Fox Street SPECIAL EVENT PERMIT Norwest Bank Minnesota, N.A. Half Marathon May 7,2000 8:00 a.m, - 11:00 a.m. *18. BILLS Flint moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0.1 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14,2000 19.ADJOURNMENT Mayor Jabbour moved, and Peterson seconded, to adjourn at 10:20 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor LAKE MINNETONKA CONSERVATION DISTRICT February 18,2000 TO: FROM: SUBJECT: Board of Directors Greg Nybeck, Executive Director & Cruiser’s Cove Public Hearing (2/23/00) COl INCH MEETiNG FEB 2 6 2000 CITY OH OHONO BACKGROUND . . . ^ ^ •This past fall, the LMCD Board received public testimony that activities that took place in Cruiser’s Cove on the north-end of Big Island during 1999 were causing public safety concerrw. These concerns included unlicens^ special events, over congestion in the area because of rafting, and the inability of the Hennepin County Shenlrs Water PaTOl to patrol the area properly. To address these issues and make recommendations back to the LMCD Board, a Big Island Task Force was established. •The Big Island Task Force met to evaluate what could be implemented to better control the activities that took place this past summer. Establishing public safety lanes In Cruiser's Cove and a lakewide rafting ordinance were considered by the Task Force. The recommendation of the Task Force has been to establish public safety lanes through the rafting area for the 2000 season. The recommendation to establish public safety lanes has been a joint effort of a number of governmental agencies. In addition to the LMCD. the Hennepin County Shenffs Water Patrol, the MN DNR, the Hennepin County Environmental Management Division, and the Cities of Orono and Spring Park have been active participants. Additional input has been received from Hennepin Parks and the South Lake Minnetonka Police Department •The recommendation of the Task Force to establish public safety lanes has been discussed at two Board meetings. At the 11/17/99 Regular meeting, the Board directed staff to proceed with the establishment of public safety lanes, to allow the Task Force to work out the exact details, and to direct the Task Force to report back on these details. At the 1/26/00 Regular meeting, the Task Force updated the Board on the exact details of me public safety lanes. Board direction at this meeting was to direct staff to prepare for a public hearing on this project and to work with the MN DNR on getting the buoys ordered. DESCRIPTION OF PUBLIC SAFETY LANES •The main purpose of establishing these public safety lanes for the 2000 boating season would be to improve public safety In the area by allowing the Sheriffs Water Patrol to patrol the area properly. •The preliminary layout would fall approximately within the 8 ’ depth contour In Cruiser’s Cove. The design will be an 'arrow* type, with one lane running approximately 1,000' from the shore at a right angle and a second lane, approximately % mile in length, that is slightly curved from the first lane. The width of these lanes would be approximately 50 ’ and the distance between buoys would be approximately 150 ’ to 200’. •These lanes would be marked with 14* white regulatory buoys, with orange bands and an orange circle with black lettering stating the following *No Anchoring Between Buoys*. It is estimated that between 30 and 50 of these buoys will be needed to property mark these public safely lanes. •The total number of buoys used to mark these public safety lanes could fluctuate based on in-fiold evaluation by CRUISER’S COVE PUBUC HEARING MEMO, 2/18/00, PAGE 2 Hennepin County officials. The intent is to place the number of buoys in the area that is needed to properly highlight these public safety lanes. RELATED COSTS •The MN DNR has agreed to buy the 50 buoys. Including tax and delivery, for this project It is estimated that the total cost of these buoys, excluding chain and clevis, is approximately $10,000. These buoys have been ordered bytheMNONR. The additional costs for chain and clevis for these buoys have been estimated at $1.000. Other related costs for this project include the placement removal, and cleaning of these buoys each season. Hennepin County Environmental Services has stated they have not budgeted for this in 2000 and that they would like the ^ard to consider $5,000 for these expenses, with the condition that they recommend for funding in future years. OTHER CONSIDERATIONS •LMCD Attorney Chartie LeFevere has prepared the attached draft ordinance amendment for this project The purpose of the ordinance amendment is to assist the Water Patrol in its enforcement by not allowing anchoring within or obstructing the entrances of these public safety lanes. Without an ordinance, the Water Patrol would not be able to issue citations for violators. •Attached is correspondence received from a number of public agencies and establishments that have stated their position on the proposed project L. LMCD appeals to Minnesota Supreme Court District wants special deputies to have power to enforce the law By Johnathon White Sum Rcpi>rtcr It is not putting us out of business, but it is crippling ,our style." That assessment, on the impact of a recent Minnesota Court of Appeals ruling limiting the sher iff special deputies' powers to enforce water safety ordinances on Lake Minnetonka, was pro vided to the Lake Minnetonka Conservation District (LMCD) at Its I e'o. meeting by L.MCD pro>- eaiting attorney Steve Tallen. Tlic effect of the ruling, accord ing to Tallen, is that the ruling makes it difficult to enforce the law on the lake. "If the ruling goes imchallengc*vl. there will be less enforcement i*f the law," Tallen said. As a rc'jult of the rulinj;, the 39 special deputies, who carry out most of the law enf- -rcement on the lake, can make a stop if they observe a violation taking place. However, the special deputy ould be limited on making "probable cause" slop- it they suspect a violation, T.illen -aid. LMCD to page 26 LMCD----------------- Continued from page 1 Special deputies are not licensed peace officers, but are uniformed unpaid volunteers whr* receive special training from the Hennepin County Sheriff's Department. In its ruling, the Appeals Court affirmed a June 9 decision of District Court Judge Allen Oleiskv, which held that special deputies "do not have a peace offi- ^vr s authority to arrest, but retain non .’'"f::"! level „„ly .lu-powers givon to all fei With only six sworn officers making up the Sheriff's Water Patrol unit, with responsibilitii^s tor law enforcement on all waters^ in Hennepin County. Tallen esti-\ mated that it would cost .about $5 milium annually to repkice the special deputies with sworn officers. As expected, after huddling with Tallen in executive session, the board decided to file an appeal to the Minnesota Supreme Court of the Appeals Court deci- sion. Asked about the cost of the .ippeal, Tallen indicated that if the high court agreed to hear the case, the cost cf the litigation could amount to about S4.600. In addi tion toTaMen's fee s for arguing the case at the Appeals Court level, the LMCD is also on the hook for plaintiffs court costs up to a $2,000 limit set by the court. In other business, the board spent nearly an hour discussing various options on how to resolve i:,sues related to the proposed redevelopr^'.nt of Cochrane s Marina located on St. Albans Bay in Greenwood. The plan for 20 upsc.de town- homes proposed for the site have already been approved by the Greenwood City Council and the Minnesota Department of Natural Resources. The board s atlormy was instructed to draw up a proposed amendment to the LMCD code for consideration at a future meet ing. Additionally. Tonka Bay repre sentative Doug Babcock was unanimously reelected to another term as president of the board. Also reelected were Bert Foster of Deepha'-en, vice chairman; Eugene Partyka of Minnetrista, secretary; and Craig Nelson of Spring Park as treasurer. »•••••• I • • • •••••. {I ••‘ i ••• A. It --• 1 I � ETRISTAII. '·· _i)J •• flllSI � a..o).611'£ � I I� .... C•• !'--!!. I""_ .. i �----- • I11:1 :,, ••• 111:i , ...... , ..• .' t--·--. -�......... -..:----� ,,·-- •::..--- -- LA.'<£ TCH<A � ' / ' •. ./ K •, -/• ··�i� � ... ·, \ �'-- I �·/ �� I . __ ,..,_ ____ .,,,,,. -- ✓•✓•� • ' AGENDA FOR COUNCIL l\<IEETll' ORONO COUNCIL C11Ai'\1BER! (") Asterisk it ems are considered to be r01 under the Consent Item• on the agenda. I'----Public Packet -located on the counter ne . ✓ ., .... •ROLL CALLI.7:00 P.l\.l. -PUBLIC HEARIN<A.Order Preparation of PlanCONSE1'1 AGE1''DA _ 2. Approve/ Amend f1 APPROVAL OF l\.ID"U'TES ■■• • 3. Regular Council Meeting of Feb,PARK CO'.\C\flSSION COl\<lMEl'ffS LAKE l\,[I:\;1iETO:",l(A CONSERVA ---PL.V.'Nlc'iG COi'\l\USSION COl\�I PUBLIC COi'lt�-IE1'1S -(Limit 5 !\'Iii ZONING A.Dl\.IDlSTR.\ TOR'S RE.I 4. #2-100 !Ylark and AIiene Ploen. Rearrangement -Resolul 5.#255-l Ann and Gil Anderson, I6.#2558 Anthony and Linda Pon<7.#2561 Frank and Barbara Peter i'IL.\ YORICOlil'ClL REPORT 8.Census 2000 Proclamation ENGli\'EER REPORT 9.Bid Award -2000 lvlatcrials an,10.Request for Payment #4 -Oron 11.Schedule Public Hearing for NI CITY A.D'.\IINlSTRATOR'S REPOi 12.. \Va�-zata i\farine, 3324 North S 13.Shevlin Drive Stop Sign Requc1-l. Metricom Right-of-Way Agree 15.Extension of Contract for Pro� l 6. CDBG Grant Application -Res17.Amendment of Fee Schedule C Charges -Ordinance 18.Request by Scott Thomas for a \Vatershed District Board of M CITY ATTORi"iE Y'S REPORT •19. LICENSES •20. BILLS UPCOi'IJThG ISSUES M'D EVEN1 z.gim ,o I I I ·,.� '1)•..,·1 I I I I -�A�e�c���E�F�G�H�1•J�K L 02/28 -Council !1,fecting, 7:00 p.m. 02/29 -Public Information Meeting r Church in Long Lake, 7:00 p.1 r.itv nf Ornnn_ Minn��nt� I I �_,-=· f 11!00 ll .. Flllad_!!i!f: ·-·-03/02 -Council Work Session, 7:30 a 03/02 -Lons L■ke/Orono Consolidat Deadline Date: Waived By Request of Applicant COUNCIL MEETING FEB 2 B 2000 CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: 2/28/00 ITEM NO.Li Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2400 Mark and Arlette Ploen 4345/4365 North Shore Drive ________________Subdivision of a Lot Line Rearrangement Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre min. lot size) Lot Area: (Existing)4345 North Shore Drive 4365 North Shore Drive 72,200 s.f. 18,100 s.f. Lot Area: (Proposed)4345 North Shore Drive 4365 North Shore Drive 45,150 s.f. (1 + acre) 45,150 s.f. (1 + acre) Required Minimum Lot Size 43,560 s.f. List of Exhibits A B C Resolution Site Plan Planning Report (January 12,2000) Summary of Request The applicants are owners of properties located at 4345/4365 North Shore Drive in the City of Orono. They have proposed a Subdivision of a Lot Line Rearrangement between the lots that results in two lots that will be greater than the one acre minimum lot size for the zoning district. Both lots, however will not meet the 140 feet required lot width at the lakeshore and structure setback. Variances to this requirement would be required to be approved to permit the lot line rearrangement. Lot A is proposed to have a lot width of 114 feet and Lot B is proposed to have a lot width of 113 feet where lots in the LR-IB district are required to have a 140 foot lot width. Lot Area: (Existing) Lot Area: (Proposed) 4345 North Shore Drive 4365 North Shore Drive 4345 North Shore Drive 4365 North Shore Drive 72,200 s.f. 18,100 s.f. 45,150 s.f 45,150 s.f PLANNING COMMISSION RECOMMENDATION On a vote of 5 to 0 the Planning Commission recommended approval of the application for a Lot Line Rearrangement to amend the lot line separating the lot lots creating 2 one acre lots on property located at 4345 and 4365 North Shore Drive based on the two proposed lots meet the underlying standard for lots in the LR-IB zoning district and meet the intent of the Comprehensive Plan by making an existing developed lot more conforming. The request will also not create any new building lots. STAFF RECOMMENDATION •Staff is recommending approval of the lot line rearrangement as both lots will meet the one acre minimum lot size for the zoning district and to grant variances to lot width that will allow both lots to be developable, subject to the following conditions: 1. 2. 3. Applicant shall dedicate drainage and utility easement along nev^ property lines and vacate any drainage and utility easements along the old property line. Applicant shall provide to the City any documentation relating to easements on both properties. Variances be granted for lot width on both Lots A and B and both shall be considered RECORD LOTS. 4.Applicants comply with all requirements of the attached resolution. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. A RESOLUTION APPROVING A SUBDIYISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4345 AND 4365 NORTH SHORE DRIVE; AND GRANTING OF VARIANCES TO MUNICIPAL CODE SECTION 10.24, SUBDIVISION 5 (B) FILE NO. 2400 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Mark Ploen and Arlette Ploen (hereinafter "the subdividers") of properties legally described as: Parcel A The East Half of Lot 5, Block 18 "Saga Hill Revised, Hennepin County, Minnesota.", and that part of Lot 6 said Block 18, described as follows: Beginning at the Northwest comer of said Lot 6; thence Southerly along the Westerly line of said Lot 6 a distance of 138.50 feet; thence Easterly parallel with the Northerly line of said Lot 6 a distance of 36.81 feet; thence Northerly to a point on the Northerly line of said Lot 6 distant 47.00 feet Easterly of said Northwest comer of Lot 6; thence Westerly along said Northerly line to the point of begiiming. and; Parcel B Lots6,7, and 8, Block 18, "Saga Hill Revised, Hennepin County, Minnesota", EXCEPT that part of ’'•aid Lot 6 described as follows: Beginning at the Northwest comer of said Lot 6; thence Southerly along the Westerly line of said Lot 6 a distance of 138.50 feet; thence Easterly parallel with the Northerly line of said Lot 6 a distance of 36.81 feet; thence Northerly to a point on the Northerly line of said Lot 6 distant 47.00 feet Easterly of said Northwest corner of Lot 6; thence Westerly along said Northerly line tot he point of beginning. to be rearranged by transferring a portion of Parcel B to Parcel A new legal descriptions as: Parcel A The East Half of Lot 5, Lot 6 and the West 17 feet of Lot 7, Block 18, "Saga Hill Revised, Page 1 of 6 Hennepin County, Minnesota." and; Parcel B Lot 8 and that part of Lot 7 lying east of the West 17 feet of said Lot 7, Block 18, "Saga Hill Revised, Hennepin County, Minnesota." WHEREAS, After due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 19, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the subdividers have completed requirements of the City for a subdivision to rearrange the property lines between 4345 and 4365 North Shore Drive. WHEREAS, At their regular meeting held on February 28. 2000, the Orono City Council considered the subdivision application of Mark and Arlette Ploen, noting the following findings of fact: 1.The property is located within the LR-IB, Single Family Lakeshore Residential District requiring a minimum of 1 acre lot area. The existing lots are as follows: 4345 North Shore Drive 4365 North Shore Drive 0.42 acre 1.66 acre 2.The subdividers have proposed a lot line rearrangement creating two lots meeting the minimum requirements for lot area 4345 North Shore Drive 4365 North Shore Drive 1.03 acre 1.03 acre 3.The proposed tots require variances for lot width because they are less than the 140' standard in the zoning district. 4.The lots meet the intent of the Comprehensive Plan of the City of Orono by making an existing developed lot conforming to the one acre minimum lot size. 5.The request for a lot line rearrangement will not create any new building sites. Page 2 of 6 6.Parcel A is developed as a residential property and Parcel B had existed as a residential property until a residence was recently removed. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc., a registered Land Surveyor and Civil Engineer, dated________________, attached Exhibit "A", and grants variances to Municipal Code Section 10.24, Subdivision 5 (B) to permit both newly created lots to be "RECORD LOTS" and are granted variances from the zoning chapter requirements for lot area and lot width. The approval is subject to the following conditions: 1.The new legal description for Parcels A and B, as shown on the survey sited above, shall read as depicted on the approved survey and shown above. 2.New drainage and utility easements as follows: 3. 4. 5. Parcel A and B Exhibit "B" Variances shall be granted creating "RECORD LOTS" for Parcels A and B, The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before August 28, 2000 together with a certified original copy of this resolution. The City of Orono shall not issue a building permit for improvements to either of the new parcels prior to recording the subdivision. 6.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. LEGAL DOCUMENTS required: a)Title Opinions addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Page 3 of 6 b)The subdivider must provide certified copies of all recorded easements currently affecting the property. Three Copies of Certificate of Survey for filing with Hennepin County. d)Drainage and Utility Easements shall be granted along the new property lines. Adopted by the City Council of Orono, Minnesota this 28th day of February, 2000 ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 20th day of February. 2000 by Gabriel Jabbour 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. N’oiary Public Page 4 of 6 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 200 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 for .‘going instniment,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.200 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 , 200 _before me a Notar>' Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss, ) On this day of , 200 _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 , 200 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) iescrib'*d in and who executed the foregoing instrument, and acknowledged that he (th^y) executed the same as his (their) free act and deed. Notary Public Page 6 of 6 ('. • . ' ' � � � .� t \, C, �� � " � ' " � ". . ' I •I � � .. . •• • • • ' . . . . • • I . ' . .. . ' • . . . • • • . I.• • • . ' ' . ... •.. /1 e:iron marker found o:I�on marker set I •• � � ' ' . ,/ • .S-,1 � -"'• -- ·•· .... ... ,. Lake .. . � � -... ,-. /✓Jt . . ... " . • ',I •• t> rf' o, o101J6 t LfAk, : P? '� n e f o !? fa .. . . , ·.· gs;J� Lpl 0ESCR1,r1_ot:1s :. . . ! : .. : : _ , · , .'• :. '. . . . . . . A.=�•Half of �ot s. Eil,ock 18,. �Saga_l-lill)�evlsod, Hennep(q ;co�nty, Minnesota.· .. :and that pa��, Lot:6 ; �aid Bk>ck 1:8,:d�scribed as· f�: 'Beginning at tl\e 'Northwest co_cnor qf :iMld Lot 6; thence Southerly along .t�� Westerly nne of sal� I -:ot .6 i dJstao� of 138.50 feet;, tHeilcJ Easterty parallel"with the ·Northerly llrie of said Lot 8 a �lstance o( 36.81 feet: thence Northerty to a fJOlnt on the Northerly line of said. �18 �lstant 47 .00 feet �ast•rl� of sal� No��\\'e:t comer o� L�� �; �hence We5'erty along �aitf NortheJ1y �ino to the point o� �eglnnlng.. : ' . . -. . . . 8.: Lota e; 7, and 8, Block 1'8, •saga HUI RGvlsod, Hennepin Cpunty, Minnesota·, EXCEPT that part of·said Lot G doscribed a� follows:·B•nlng at the Northwest comer of sal� Lot G; thence Southerty along the Wester1Y, line of said Lot 6 a�distance of 138.50 feet; thenceEasterty parallel with th�·Northerty I;ne of said Lot 6 a distance of 36.81 feet; thence Northerly to a r�lnt on the Northerly line of said Lot 6 dlsta�� 47.00 fe•t East.e:�Y of said Northwest comer of Lot 6; thence Westerly along:�ald Northerly line to1he point o� beginning.. . PROPOSED LEGAL DESCRIPTIONS . ..J . . ·A. The East Half of Lot 5, Lot 6 and the West 17 feet of Lot 7, Block 18, ·saga Hill Revised, Hennepin Cou11ty, Minnesota." ·- 8.LOI I and that �rt of Lot 7 lying east of.lhe West 17 feel of said Lot 7, Block 18, "Saga. Hill Revised, Henne in Count. .. I her eby ce rtify th .. t thi� sur vey was p repared by n,e or under my dir<"<'l super · vision, and that I am a duly rcgisterl'd Civil Engine�r �nd Land Surv�yor undt!r thl' l,1ws of thl' St,,t� of M,nnl'�ol,l. It -JtJ-,✓DATE 7,z,,•1tf .. JOUNO 98-317Mark S. Gronberg Minnesota License Nun,bt.'r 12755 TO:Chair Hawn and Orono Planning Commission Ron Moorse, City Administrator FROM: DATE: Paul Weinberger, Zoning Administrator/Planner January 12,2000 SUBJECT:#2400 Mark and Arlette Ploen 4345/4365 North Shore Drive Subdivision of a Lot Line Rearrangement ~ Class I Subdivision Zoning District: Lot Area: (Existing) Lot Area: (Proposed) Required Minimum Lot Size LR-IB One Family Lakeshore Residential District (1 Acre) 4345 North Shore Drive 72,200 s.f. 4365 North Shore Drive 18,100 s.f. 4345 North Shore Drive 45,150 s.f. 4365 North Shore Drive 45,150 s.f. e 43,560 s.f. Lut of Exhibits A B C D E Application Plat Map Survey/Proposed Property Line Property Owners List Resolution No. 3042 Summary of Request: The applicants are owners of properties located at 4345/4.'^G5 North Shore Drive in the City of Orono. They have proposed a Subdivision of a Lot Line Rerjrangement between the lots that results in two lots that will be greater than the one acre minimum lot size for the zoning district. Both lots, however will not meet the 140 feet required lot width at the lakeshore and structure setback. Variances to this requirement would be required to be approved to permit the lot line rearrangement. Lot A is proposed to have a lot width of 114 feet and Lot B is proposed to have a lot width of 113 feet where lots in the LR-IB district are required to have a 140 foot lot width. Both properties are sewered. The house at 4345 has had a demolition permit issued last year. The lot is vacant. Septic testing is not required for sewered property. U2400 Mark and Arlette Ploen 4345/4365 Sorth Shore Drt\e Lot L*ne Rearrangement January 19. 2000 Page I r Lot Area: (Existing) Lot Area: (Proposed) 4345 North Shore Drive 4365 North Shore Drive 4345 North Shore Drive 4365 North Shore Drive 72,200 s.f. 18,100 s.f. 45,150 s.f. 45,150 s.f Pertinent Ordinance Section 10.24 LR-IB One Family Lakeshore Residential District Lot Area 1 acre Lot Area and Yards 4345 North Shore Drive Existing Lot Size 72,200 s.f Lot Width (lake)194.83 feet Lot Width (front)147.21 feet Structure Setback (side)Vacant Lot Proposed Lot Size 45,150 s.f Lot Width (lake)113 feet Lot Width (front)116 feet Structure Setback (side)Vacant Lot Lot Front Side Lakeshore Width Yard Yard 929.4 ’ OHWL 140 feet 35 feet 10 feet 75 feet 1^2400 Mark and Arlette Ploen 4S45/4365 North Shore Drive Lot Line Rearrangement January 1 9. 2000 Page 2 436S North Shore Drive Existing Lot Size 18,100 s.f. Lot Width (lake)31.54 feet Lot Width (front)79.00 feet Structure Setback (side)6.00 feet Proposed Lot Size 45,150 s.f. Lot Width (lake)114.00 feet Lot Width (front)116.00 feet Structure Setback (side)6.00 feet Lots in the LR-IB district are required to be 140’ wide at the front yard setback. Each lot would require a variance to permit a lot width less than what the district requires. Previous Application for Lot Line Rearrangement: 1 have attached City Council Resolution No. 3042 approving a previous lot line rearrangement on the property. The lot line near the e.xisting garage on Lot A was rearranged to allow additional hardcover on the lot and allow the garage to meet minimum setback requirements. Staff Recommendation Staff is recommending approval of the lot line rearrangement as both lots will meet the one acre minimum lot size for the zoning district and to grant variances to lot widUi that will allow both lots to be developable, subject to the following conditions: 1.Applicant shall dedicate drainage and utility easement along new property lines and vacate any drainage and utility easements along the old property line. 2.Applicant shall provide to the City any documentation relating to easements on both properties. 3.Prior to City Council review 3 original surveys of the survey completed by a licensed surveyor in the State of Minnesota shall be submitted, with signature blocks. 4.Variances be granted for lot width on both Lots A and B and both shall be considered RECORD LOTS. 5. k * i^2400 Mark and Arletie Ploen 4345/4365 North Shore Drive Lot Line Rearrangement January 19. 2000 Page 3 Applicant shall dedicate or quit claim right-of-way to Hennepin County. Yb--o)0 CtA<- Application H c^FVc o_______ Date Received ^T50 .cV Amount Paid ~~nT^T7W^ CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION if -s a Siie address <4>«4^/a!S N?>r ’f'K D'r .L/lrQnr>____ Property Identification Number (P^ 1)1 ~45 QQ^O 0O2S\ i/abstract orPlease check one - Property torrens? Attach legal description to application. APPLICANT Name Onri /lirU-ny PIPCD Address /vQntn tShor€ City l^nciO — ~ - br.Phone (home)_ ZizS5'^4 Phone (work) OWNER (if different than applicant) Name So/n^ Address City___;Zip Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)__________ Present Zoning District Lg-> I S PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites .0-. Existing Units New Units ip^vn; s. • ■ O^Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) I___Units per / Acres I ~ Sq. Ft. Dry Buildable Land e VC. ^ Residential ____Other (specify) MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1.Payment of fees (refer to "application fees" listed below. 2.Completed application form. 3.Preliminary plat information on Certificate of Survey. 4*.Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt. Center 348-3271). Z this other persons you ^ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1.Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2.Signed Certificate of Survey or mylar copies of formal plat. 3.Title opinion. 4.Easements, covenants, etc. 5.Developers Agreement and Letter of Credit. Zoning Official’s Signature _________________Dste L APPLICATION FEES (Zoning Administrator to check pC} those which apply) A.Application Base Fees: Sketch Plan Review (Class I, II & HI) S250.00 Totals X__ Subdivision of a Lot Line Rearrangement $350.00 ___ Subdivision Application (Class I & II) $350.00 ___ Preliminary SubdivUion Application $375.00 + $25.00/Iot (Class HI & all non-residential) ___ Final Plat Application (Class III) $200.00 ___ Legal Review and Filing: _____Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 2^ 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 HI Subdivision Application $150.00 (No change from original application) B.Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.; _____ Proposed Public Roads $900.00 + $.50/lineal ft; lin.ft.x.50-S lin. ft. X .50 » $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x_____new lots C.Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision S30.00/Dwelling Unit The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. /!' / «^ p/ Applicant's Signature ____ULlCi.TXL, ,Date (Idlftb Pk .. Il:>\ /<?? Owner’s Signature E)ate ~7/?i h<t Applicant must have all submittals into the City Office 25 days before tlie Planning Commission meering. Planning Comra'ission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building &. Zoning Office of this change prior to the meeting. T \ y •''O •;)M -_ OF iin i»3: liy-23-^l } I ,^'\yf J<f\ 7.V \» f V\%^*>-!^ K v; \ v,v '^X;''.L i•'i 7/ ^••;7'V /■//* JV •>'^ .A-: 6CC M) Vr4:s5^ i % f i 3 s i > ‘i , ^ l \‘ /a 3 I lU^ ^ ^ jc^>' if y>><^ i x> \y A 7 65 1 1 €5 1 _Si.i ’fi !•*'...^ %• «: I .‘.•.•.V/.*.*. a;a:£:v-:-^• • « • • • %.■:«:t-.(g:l 11"' I ;u25)i3 ;?t / ■»'\\ *1 >A// y- v. vr -/: r4 ;^5a ; (•ie» n _rir -ft' LA 7-117-2^-'^} /'^•''C5)//if /,'f..('2<^ V / '# 4# V« / »«A ■V A;!u^=y ' cr^ <y * * <V'rt' \/ 7 ;« ;*/ / Ct?Y / . \i/ Ob) V \ - V\ < «» \ * ♦ ? _, I Jf I r- i. 1 TTSk. « »Vr: i' V **v m^rr^ • 1 I • *. I I*" • - • • *J fy .1 r- ^ I-7>T S^\ >\ I .^l I£K».T)LAKI QO'h • PROPOSED LOT LINE REARRANGEMENTfor MARK b ARLETTE PLOEN in Lots 5-8, Block 18,' "Saga Hill 'Revised, Hennepin 'co ·�inn." . . . H.C. S. A.H. sa,0sa'E 98.()0 IJcclc A. 1�1001r, .... � 00 .... . ... .•• ,. . I h • ,--,,,11-., l--4s,1so1a A6Tf/. ----' � I • � � \i � �. � ",. � ) ' � ' � ' ", �� "" i' t � � I_; ". ' lie (: • . . . . e11•s�1� ;>t>o,er.a.1 \ ,'A.L /9 �=1043. oo L: 134. 00 A ,•l8'/f� '-=11,,.�4 R,, olw•y /iii� of11-e-.A.N. JC/o ,,,�1.1-so -,lf'r •,.Vo. /,t.8tfll2.. --7 / I I � ' I • B. , .. . . .. -�, I >�\. _, J ., � 72,2 I I ' 0 t fl.FT.1£1'--,A.f � �s; IS� . . \ . . . . ... • I I • � � I\\ .. ' .! .IQ. FT. A" l'"Flf -- /1 � B, ,14,.,_/llf , • tt�,� � ' " \.\ � � \ � � � a pr ,o,.a pt>optt'½ \� • ' . .. .' ·�. \ \ � �. Q � . "' � . , ' . . . • • • • ' . • • ' . ... • •:iron o: I !;'on • . ' .. . ._ marker marker ,, found set ,. ------------------ ' . I •' ••,✓.S-,1�. --I I- La Ke N 84 °02'/o'• -- • ' -"' I --. , . ' ........ ... • • I ' . /.,,-: /·-. f k = ;' . ;' :· ,7 e o !? , r aEXISTI� Le<W, pEScR1PTION§, : : . • -i ' . . . . .. . .. .. • t I :. ' • : ' • • A.=Th,• Half of �ot 5, 1;31,�ck 18,/Saga_l·UU.�vvlsad. Hanneptn;co�nty, Minoesota.■ .. �and that part.of Lo(6; said BJock 18,;d�scribed as· f�: 'Beginning at the Northwest comer qf �ctld Lot 6; lhen,ce Southerty along.,�; Westerly nne of sal� I •. ot 6 a d,istance of 138.50 feet; , triehcJ E1sterty paralle1·w1th the ·Northerty lhie of said Lot 6 a ctlstance o( 36 .81 feet: thence Northerly to a 11oint on the Northerty line of said. �:' �lstant 47.00 feet �•st•rt� of sal� No ��\\'e:t comer o� L���; thence Wes\erty along �aid Northeffy �ino to the point o� �ginning. 8. . : � e,· 7, and 8, Block 18 ·sa a Hill RGvised H�nne In u� : Inn • ' . . . ' cribed as follows: . RUN DATE 07/20/9S BATCH 501 , PROP AOOR OMNER NAHE TAXPAYER NANE/ADDR 30 07-117-23 30 0001 00023 NORTH SHORE OR J A HILLER SEN HILLER JOHN A HILLER ELIZABETH N HILLER 0023 NORTH SHORE DR HOUND HN 553M HENNEPIN COUNTY PROPERTY INFORNATXON SYSTEH PROPERTY OWNERS LIST 30 07-117-23 SO 0002 00030 ADDRESS UNASSI6NED HENNEPIN COUNTY HENNEPIN COUNTY REPORT NO. P10S5001 PAGE 1 30 07-117-23 02 0007 01375 VINE PL T D 0 A E LANDON TIHOTHY D 0 ANY E LA 1375 VINE PL HOUND HN 553M PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 30 07-117-23 02 0000 01375 VINE PL T D I A E LANDON TIMOTHY D A ANY E LANDON 1375 VINE PL HOUND HN 55360 30 07-117-23 02 0000 00030 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BON 66 CRYSTAL BAY HN 55323 30 07-117-23 02 0010 00030 ADDRESS UNASSI6NED HENIffiPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR 30 07-117-23 02 0020 01035 PARK OR N J KELLEN I L C KELLEN MICHAEL J KELLEN 1035 PARK DRIVE HOUND HN 55360 30 07-117-23 02 0021 01007 PARK DR P J SCHLENOER 0 H R PALM P J SCHLENOER I N R PALM 1007 PARK DR HOUND HN 55360 30 07-117-23 02 0022 01053 PARK DR 0 A OENTROTT OKS BENTR01T BRENT A 0 KATHRYN S BENTROTT 1053 PARK DR HOUND HN 55360 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 30 07-117-23 02 0023 00300 NORTH SHORE OR THEODORE 0 HETZ t WIFE TtiEOOORE • HARY J HETZ 0300 NORTH SHORE DRIVE HOUND HN 55360 30 07-117-23 02 0020 00330 NORTH SHORE OR DON STRELOW DOUGLAS 0 MARLENE STRELOW 0330 NO SHORE DR HOUND HN 55360 30 07-117-23 02 0031 01300 VINE PL RICfiARD J CHERBA ETAL RICHARD J CHERBA 13>00 VINE PLACE HOUND HN 55360 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 30 07-117-23 02 0037 01360 VINE PL EARL B 0 6AILENE J NORWOOD EARL B t 6AILENE J NORWOOD 1360 VINE PL HOUND HN 55360 30 07-117-23 02 0039 00300 NORTH SHORE DR J D PATTISDN t H V PATTISON J 0 0 H V PATTISON 0300 NCRTH SHORE DR HOUND HN 55360 30 07-117-23 02 0000 00300 NORTH SNORE DR WILLIAM T SCH0ENIN6 WILLIAM T SCH0ENIN6 0300 NORTH SHORE DR HOUND HN 55360 PROP ADDR ’.OWNER NAHE TAXPAYER NAHE/ADDR 30 07-117-23 03 0017 00015 NORTH SHORE DR F K SETTERLUND ET AL W/L EST HRS FRANCES D SETTERLUND 0015 NORTH SHORE DR HOUND HN 55360 30 07-117-23 03 0010 00395 NORTH SHORE DR K D HARDEN ORA WARDEN KENT D WARDEN 0395 NORTH SHORE DR HOUND NN 55360 N r S Or 30 07-117-23 03 0020 01535 ORCHARD BEACH PL L N DELTON 0 N H DELTON LESLIE N 0 NANCY H DELTON 1535 ORCHARD BEACH PL 553( /•/ J >: 'tj ij>' > RUN DATE #7/20/98 •ATCH 501 PROP ADOR OMNER NAME TAXPAYER NANE/ADDR 38 07-117’2S 43 0025 01555 ORCHARD REACH PL PATRICIA H WVSOCKY PATRICIA H WYSOCKY 1555 ORCHARD BEACH PL HOUND HN 55364 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 43 0026 00038 ADDRESS UNASSICNED HOP PFEFFER HERBERT PFEFFER 2850 TANAGER LANE EXCELSIOR HN 55331 REPORT NO. PI435401 PAGE 2 38 07-117-23 43 0027 01448 PARK DR D 8 ERICKSON OLD ERICKSON DAVID 8 0 LAUREL 8 ERICKSON 1448 PARK DR HOUND HN 55364 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 07-117-23 43 0028 04315 NORTH SHORE DR R I H WILLIAMS RICHARD J WILLIAMS 4315 NORTH SNORE DR HOUND HN 55364 38 07-117-23 43 0029 04365 NORTH SHORE DR H S PLOEN 0 A PLOEN HARK 0 ARLETTE PLOEN 5415 SUMNER SNOW DR HOUSTON TX 77041 38 07-117-23 43 0030 04345 NORTH SHORE DR H S PLOEN t A PLOEN HARK 0 ARLETTE PLOEN 4345 NORTH SHORE DR MOUND HN 55364 PROP ADDR OMNER NAME TAXPAYER NAME/AOOR TOTAL BATCH 501 00024 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION« TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE m ♦ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3042_________ A RBSOLOTION GRANTING A VARIANCE TO ORDINANCE NO. 96, SECOND SERIES, AND APPROVING A METES AND BOUNDS SUBDIVISION OP A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4345 AND 4365 NORTH SHORE DRIVE FILE #1695 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 s^fe development of land within the City? and WHEREAS, on August 26, 1991, the City Council adopted Ordinance No. 96, Second Series, an ordinance establishing an interim moratorium on the granting of land subdivisions that have not received ptolimlnary approval from the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Thomas and Alice Stuck of 4365 North Shore Drive and John Bauer of 4345 North Shore Drive (hereinafter "the subdividers") of properties legally described as follows: A. B. The North 125 feet of the West half of Lot 6, and the East half of Lot 5, Block 18, "Saga Hill Revised, Hennepin Co Minn.". , Lots 7, 8 and the East half of Lot 6? ALSO that part of the West half of Lot 6 lying South of the North 125 feet thereof. Block 18, "Saga Hill Revised, Hennepin Co Minn."; and WHEREAS, the subdividers have requested ^ Ordinance No. 96, Second Series to allow the proposed subdivision or a lot line rearrangement to proceed; and Page 1 of 3 dttlSUfll CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3042 __________ WHBREAS» the Orono Planning Commission reviewed the request for the moratorium variance on October 21, 1991 and recommende approval, finding that no new building lots will be created by the proposed subdivision)' and WHEREAS, the City Council finds that the proposed variance is not contrary to the Intent of the Comprehensive Plan, that it s compatible with the zoning and official control amendments being considered by the City as part of vhe Shoreland Regulation review process, that it promotes the health, safety and welfare of the citizens, and that failure to grant the variance would create a hardship for the applicant; and WHEREAS, the subdividers have completed all requirements of the City for metes and bounds subdivision for division and combination purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby grants a variance to Ordinance No. 96, Second Series and hereby approves the metes and bounds subdivision of a lot line rearrangement for Thomas and Alice Stuck and John Bauer as shown on the Certificate of Survey by Mark S. Gronberg dated September 30, 1991 and attached to this resolution, subject to the following conditions: 1.Upon approval of this subdivision by the City Council of Orono, the owner of Parcel A as described in the Certificate of Survey referenced above must apply to the City for legal combination for tax purposes with Parcel C as described in that same survey. 2.The af'*/esaid division as shown on the attached Certificate of Survey shall be filed by the City of Orono Hennepin County Recorder's office on or before May 12, together with a certified original copy of this resolution. 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 o Orono for subdivision review. Page 2 of 3 •t •• CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3042_________ Adopted by the City Council of Orono, Minnesota, this 12th da9i of November, 1991. ATT5ST: ✓DOTOthy M^Jallin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) 8S. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City C7.erk of the City or Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. UHDk S. notary PUBUC - MINNESOTA HENNEPIN COUNTY My cofnnilsston S-12-W Notary Public Page 3 of 3 f-)'-· i ·" � - II.C. S . A . H. l • A • , .. ,t····. ..... � � ' ... �i.- ' PROPOSED LQT DIVIS�ON FOR THOMAS & ALICE. STUCK, JOHN BAUER, AND DICK & LORRAINE BENSON . . • . . IN LOTS 5-8, BLOCK 18, SAGA HILL REVISED, HENNEPIN CO MINN. ,, 1• • • 11 ··•• a,,•-•oo ,, ....-::,. •• , #.otJ __ ..,... . . ,•, 8 ""4.e, I �-37 ---. .._.,.., ... ,,,.. . . : ,, ..... EXISTING LEGAL OIESCRIPTIONS ... . . ,,, A.The North 125 feet of the Neat half of Lot.,f. aad ilMi :·•· •.Eaet half of Lot 5, Blocll 11, •sa9a Hill Revi ■ed: Mn-nepin co Minn. • • ·-•' . . I.Lota 7, I and the t:.at half of Lat,, ALSO that panof the Weet half of Lot, lyln9 South of the North.lJSfeet thereof, Dlock II, •sa9a Hill ••viaetd, HennepinCo N1nn.• • •�OPOSEO DIVISIOM • ♦ •• c.·That· part. of !.Gt ,, llocll, 11, ••••• 1111 levJ■ed, ■en-.. .,n•pin Co NiM. • de■cr lbed •• fol love, 999i•in• at ..the llorthweet corner of ••id Loe I thence Southerly E. •lon9 the We■cerly line.of ■aid Lot, a di■tanew oflll.50 feet, thence la■terly parallel with the •rtherly line of aaid Lot I• di ■tance of J.l.lt feet,thence Nortberly to a point on the Northerly llne of •1aid Lot I dl•tant •1.00 feet C.■terly of •a&d llorth-.· we1t corner ot Lot ,, thence Weaterly alan1 eeld · ·- .. ·Northerly line to the point of heqtnnlna. ■JICllrt' theHo,th IZS f••t ot the Ne■t half of aald Lot '• . •· . . .The hat 'half of Lot s, Block II, ··sa9a Nill Reviae4, Hennepin Co Minn.•, and that s,.rt of Lot ,, aa!d Uoc� 11, d■aeribed •• follow•• .. ,1nnin9 •� the Northwat · corner of ••id•Lot a, thane• aoutherly al-. t.he · We•terly llna of ■ald Lot 6 a dietanc• of Ill.SO IHtt thence Eaaterly parallel wit� the Northerly llnc ol ■aid Lot,• di■ta11ee of 1,.11 feet.a thehce Nort1ter1;to a poir,t on the Northerly lRe or •••• Int 6 dlatant47.00 feet Eaaterly of ••ld Northw.■t corur of Lot Isthence Me■terly alon9 ••id Northerly S..e :o the point,,� be9inniR9. La�• I, 1, and 1, Dlocll u. •s,u,n 11111 "°"'•od, Hoa• n�pin Co MiM. , EXCBn that part of aei� Lot 6 deeuibed •• follows, ••t1ln11int at the Northveat corner of ••I••· 1':'". ,, thence Southerly alon9 the W�•torly li,,e ·•I ••I• ... .. . . M • .. . . . . lake M,nne f 011 kc, •·t • • di•t•nce of Ill.SO feet , thene .. e.■torly parall•l•lth the Northarly line of ••1d Lot•• dlat•nae of l6.11feet., thence Northerly to A point on th� Northerlr lineof ••ld Lot I dlatant 47.00 feet !aaterly flt· ••td..llorth-'ve■t corner of Lot·•• thence We■terly alo,.. ••id -n�erl r lln• to the point or be1t.anl111.· · • · · A,.,o.t A.141,0 ' -,.1"1. 8..,� ,,o s �. II.c./1/(JJ -..11. D.,,. ""'! _,,. II. L.n.,a,o � --,.N.-· a:•.:..._!7J • ..a ... , .......... ---------··-------------�-��---- Thi� aurvey ■ho•• tho houndariea of tho abo\e d••ctlbod property, and thr location of all bulldln9■ thereon. It doe■ not purport to ahow any other illf)rove•nt ■ or •••. ·croachMnt•. • 1 Iron urk�r found o I Iron urker ••t Baarin�• ■hown ere ba■H upon an •••u .. d datua. . . . . ..... ... I ht•u·itl h'fhh lh.af lh� ,un,., ".a' S"•'J',lrt-d itl nw •• unck-, 1111 dwN'l 'U�• , """'• .enJ llwl I .am• Ju" r�e,tnrJ C n II £ "A'""'' ,nJ l.Mkl Sun't� u• ,, ...... ._' ... the• � ... , .... t.ltnM\til• .. I .. : 4• • UAII , • 1•· ,, • , . COUNCIL Application Date: Completion Date: •12/20/99 12/20/99 PEB 2 8 2000 60 Day Deadline:2/1S/2000 CITY OF ORONO Review Date Extension:4/18/2000 REQUEST FOR COUNCIL ACTION DATE: 2/28/00 ITEM NO.:^ Department Approval: Name Wendy Bottenberg Administrator Reviewed:Agenda Section: Title Assistant Zoning Administrator/Planner Zoning Item Description:#2554 Ann and Gil Anderson 845 Willow Drive So. Variance Zoning Dbtrict:R.R-1B One Family Rural Residential District (2 Acre) Lot Area:(Approximately 17 acres) List of Exhibits: A B C D E Resolution Notice of Planning Commission Action (1/20/2000) Topographic Map of Property Draft Minutes of Planning Commission Meeting (1/19/2000) Staff Report and Exhibits of 1/19/2000 Application: The applicants are proposing to construct an 18' x 10' addition to the master bedroom to the existing residence. The proposed addition is to the south side of the residence. The existing residence was built before current zoning standards were adopted and is currently located 36.5' from the front yard property line. The property is serviced with a septic system. The septic system is located 59' to the south of the residence, is non-conforming and will need to be replaced by 2003. This property is in the MUSA and may be served with sewer by the Webber Hills project. The addition to the residence is adding to the square footage of the residence but not the number of bedrooms, therefore a larger septic system is not required at this time. The requested variance is for: 1.Section 10.28, Subd. 5(B): Lot Yard Requirements: Front Yard: The minimum requirement shall be observed for the front yard setback: 50 feet. To permit a 36.5' setback to the front property line to construct an 18' x 10' addition to the master bedroom where 50' setback is required. PLANNING COMMISSION: The Planning Commission recommended by a S toO vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2554 WHEREAS, Ann E. Anderson and Gil A. Anderson (hereinafter "the applicants") are owners of the property located at 845 Willow Drive South within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 7, Section 10, Township 117, Range 23, Hennepin County, Minnesota, lying North of Johnstons French Lake Second Addition and except the North 235 feet of the East 200 feet thereof and except road, according to Hennepin County survey; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 19, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow a 36.5' front yard setback where 50' is required to permit construction of an 18'xlO' master bedroom addition to the south side of the existing residence. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #2554, Page 1 of 6 2. 3. 5. 6. The property is located in the RR-IB, Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of total area of 740,000 s.f. or 17 acres. The Planning Commission reviewed this application on January 19, 2000, and recommended approval on a vote of 5 to 0. 4.The Planning Commission made the following findings of fact: A.The residence was built prior to current zoning standards. B.The addition will not adversely affect the neighbors. The City Council fi ids that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 1 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow a 36.5' front yard setback to permit an 18’xlO' master bedroom addition to the existing residence. Approval was subject to the following conditions: 1. 2. 3. 4. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 28, 2001). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on this 28th day of February, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 28th day of February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & 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 6 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 200 _before me aNotary 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., 200 _before me aNotary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 FRANK R. CARDARELLE und surv.yor. (612)941-3031 riytnfl Cloud Drlv«l!<XHIDit A Land Surveyor Eden Prairie, MN 55344 Survey For ^ CUbtrt Anderson Book Page.File Sgc.10.T.U7.R.23 84S MIIIom Drive Orono, HN Scalt: l“*50* •OtnoUS Iron Hon. Found Dtscriptlon: p -3 Hanneoin County. Mlnntsota, lying NortK of That part of Govtmatnt Ut 7, .action 10,r East 200 fttt thtrtof and except road.Johnstons French Lake Second A^^iltion and except ^e Kor^ 235 according to Hennepin County s-^ t,«. Containing 17 acres t. .r Land Surveyor In the State of Hinnwsota. Signed this r , frank R Page 6 of6 . Crrdi7^fieM'tW H45- t(cenielw. iWfl U A IT < 1 6 CITY OF ORONO P.O. Boi 66 Crystal Bay» MN 55323 612-249-4600 ZONING FILE # 2554 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 1/20/2000 TO: Ann and Gil Anderson COPIES: Dennis Ostrool/NBR 845 Willow Drive South 10024 Minnetonka Boulevard Wayzata, MN 55391 Minnetonka, MN 55305 TYPE OF APPLICATION: Variance DATE OF MEETING: Planning Commbsion recommends the following: Approved as submitted. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is conBrmed as: City Council on February 14,2000 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. IL. X 32.7 931 • s 937.RX "------- ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 D Good Shepherd, Continued) Kluth noteJhStaff has recommended approval of this application. Smith suggested the^pplicant try the soft light first. There were no public commenfe'^^garding this application. Hawn moved, Smith seconded, to recotnojend approval of Application #2553, Good Shepherd Lutheran Church, 3745 Shoreline Drive, granting of a variance for signage square footage to allow a 40 square foof'sign based upon the hardship demonstrated, with the understanding soft lights wilhDejwed to illuminate the sign, and if the lighting proves to be too bright, this issue will ofe^^iewed and approved by City Staff. VOTE: Ayes 4, Nays 0, Abstention 1; Kluth Abswtn^^ Kluth indicated he abstained due to a lack of information regarding this appli< Hawn inquired whether a variance was granted to the Calvary Church. Bottenberg Indicated a variance was granted to the Calvary Church approximately five years ago. (#10) #2554 ANN AND GIL ANDERSON, 845 WILLOW DRIVE SOUTH, VARIANCES, 10:53 p.m. -10:59 p.m. Ann and Gil Anderson. Applicants, were present. Bottenberg stated the Applicants are proposing to construct an 18 by 10 foot master bedroom addition to their residence. The addition will be constructed onto the side of their residence, which is currently located 36.5 feet from the front property line. The septic site is located 59 feet to the south of the residence. Structural coverage is not an issue in this application. The Applicant is seeking approval of a front yard setback variance. Hawn inquired where the addition was going, noting she is confused by the survey. Mrs. Anderson indicated the addition will be constructed on the south side of the residence, just opposite of the driveway. Weinberger indicated the survey was completed by a certified surveyor, but due to the size of the scale, it is sometimes necessary to break the survey lines. The Applicants are proposing to add a master bedroom addition to the side of the residence Weinberger stated the addition should not adversely affect the adjoining neighbors. Smith inquired whether there are any other issues regarding this application. Weinberger stated the only issue is a variance to the front yard setback. Smith noted the Planning Commission has looked favorably in the past on other similar applications. There were no public comments regarding this application. Page 25 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19. 2000 (#2554 Ann and Gil Anderson, Continued) Hawn moved, Kluth seconded, to recommend approval of Application #2554, Ann and Gil Anderson, 845 Willow Drive South, granting of a front yard setback variance to permit the construction of an 18 by 10 foot master bedroom to their residence. VOTE: Ayes 5, Nays 0. (#11) #2556 BARBARA AND COLLINS CAVENDER, 1405/1395 REST POINT ROAD - VARIANCES, 11:00 p.m. -11:49 p.m. Bd^ara and Colhns Cavender, Applicants, were present. Weinboraer stated the Applicants are proposing to remove an existing residence from a property K^ted at 1405 Rest Point Road and combine the lot with a vacant lot located at 1395 RestRoint Road. Combined the two lots are 13,238 square feet, or .30 acre, with the lots beingHocated in the LR-1B District, which has a minimum of one acre zoning. The Applicants have^requested various variances to permit construction of a single family home on the property. ^ Weinberger stated the^^plicants are requesting a variance to permit a structure within 75* of the lakeshore. The Applicants have proposed to construct a new residence 30* from the lakeshore where 75’ is required. Variances to hardcover are also required in the 0-75’ setback and the 75-250' setback. The proposed residence also encroaches 13.63 feet into the front street setback. The A^icants are also requesting a variance to structural coverage. Weinberger noted the Applicants haveHreen working with City Staff in an attempt to anive at the best building pad for the proposed i^idence. Weinberger stated in order for the Applicants to comply with as many of the cHy requirements as possible, the proposed residency is situated in the best building site ayailable for this lot. Weinberger stated the house will rieed to be raised one foot in order to^ above the high water level. Most of the lot exists within 75’ of Lake Minnetonka, so it shouid^be assumed with deveiopment of this lot that some structure and hardcover will be locatedSwthin 75’ of the lakeshore. The Applicants are requesting a variance to the amount ot^tructural coverage normally allowed so they may include the aount of existing structuraPppverage on the developed lot located at 1405 Rest Point Road and 15 percent of the undeveloped lot at 1395 Rest Point Road. The total structural coverage results in 17.4 percent, whim is slightly above the 15 percent limit. \ Weinberger stated the property contains a lift station owned by the Cil^f Orono. The property owners are being credited for 41 square feet of hardcover. Weihberger noted no utility easement has been granted for the lift station installed on the propeny. Weinberger indicated the City would like to work with the property owners to obtain a utilitWasement. Weinberger indicated the previous owner of this vacant parcel had requested vari^ces to permit new construction which included a number of variances That application wa^y reviewed in January. 1998. with the Planning Commission recommending denial base^n the size of the lot and lack of a sewer stub. The application was subsequently withdrawn by me Applicant and was not reviewed by the City Council. Page 26 £ .O:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Wendy Bottenberg, Assistant Zoning Administrator/Planner DATE: SUBJECT: January 14,2000 #2554 Ann and Gil Anderson 845 Willow Drive South Variance — Public Hearing Zoning District:RR-IB One Family Rural Residential District (2 acre) Lot Area:Approximately 740,000 s.f. (17 acres) This application requires the following variance: Section 10.28, Subd. 5(B): Front Yard Setback; The minimum requirement shall be observed for front yard setback: 50 feet. To permit a residential addition to be 36.5' from the front property line where 50' is required. Application: The applicants are proposing to construct a 18' x 1 O' master bedroom addition to their residence. The addition is to the side of their residence which is currently located 36.5' from the front property line. The septic site is located 59' to the south of the residence. Structural coverage is not a concern in this application. The applicants seek approval of a front yard setback variance. U2534 Annual Anderson 845 Willow Drive South Variance 1/14/00 Page I ANALYSIS Lot Area: RR-IB Lot Area Front Yard Setback Required 2 acres 50' Actual 17 acres 36.5 ’ Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1.The existing residence does not meet the front yard setback. 2.Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the front yard setback variance to allow the addition. Exhibits A Application B Site Plan/Survey C Floor Plan D Elevations E Plat Map F Location Map G Property Owner’s List H Permit Record »2554 Ann/Ctl Anderson 845 Willow Drive South Variance 1/14/00 Page 2 Application #25si CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION \ ^ Site Address (^4lC Date Received A ? Amount Paid V .1 ■ i Property Identification Number (P.l.D.l /<?-//7-^3 OO^'Z. Attach legal description to application if not included on required survey. Date Property Acquired A y (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: V residential ___other (specify). Zoning District:^1 R___________________________ APPLICANT C ^ Name 4 Ln\V Address: PA-\VJiVjri\i<» Phone (home). _____ Phone (work)_ City: ' OWli'DR^if differ^ than apolicant) Name l\p t (XAUrngL / Address : JCO?M>l/\l mc ( Phone ______Zip: (&)__55k2kl2 1 _____ ^hone (vfietk). City:Zip: &:^cyC DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail:/0*-0 v /A* (attach additional sheets if necessary) VARIANCES REQUIRED ____Lot Area ___Lot Width y Setback:y 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: Unp si —ClOCi-. t wvppt 4^ - ^ t lrv?rL r^^LLury \hLln.. ^H'Ari p Cc?<^ /•V VaIcLiu (attach ad<^itional sheets if necessary) REQUIRED SUB\nTTALS All of the following information must be submitted bv the application deadline date in order for your application to be considered complete: 1. 5, 6. 7, 8 Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'A" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8/2" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8 ‘/2" x H"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature.Date /'-? - //- OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. 4 Owner's Sisnature><C^Date ^^ - //~ 5^ ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Scale: r-50’ Denotes Iron Mon. Found c (7 »* EXISTING & tr- EXISTING c: ANDERSON RESIDENCE 845 WILLOW DR. SO. ORONO, MN. U-r7 f r> k M W T 1. Uf! ■ / 9 3 1/\ I i ill M W 'r EXISTING h I r EXISTING 'BATHTi 1_5’ X 8'3— ^ . NEW \ A. NEWMSTR BDRMAREA /124 X 97 irr:T I 8- bI CLOSET 410* 97 \ R&S 2*-^no LIVING AREA 1221 sqft 1710 i 9 b New living space NEIGHBORHOOD BUILDING & REMODELING 10024 MTKA. BLVD. MTKA., MN. 55305 Denis Ostroot #3096 :»'� J ·'J -j-J J ,-.;~ , ' l � . . . -.. ) -.. ... � ,-- ,.._ -J �- / , . . . . , .Tr HJ xj •"''' •j s» k ••M »• »« *IW 2ND ADDN I «*M » -f* I* FOX ST -r........ 1 ' o¥-//7-A3-H -WiilltflMf Cy^'ft7-A2-/; french lake of orono ii ■» I !D~ H7-SS^A Id-1 !7- 713-^/ CARWAGE T^s: 'l■•r ^ mu i*—w A oHNSTONStRENO^tA -jirf* JQf£TONS FROG 1 LAKE fucnaii/^fior •nc H T^: ?0f<0N01»«>adoh \ StO»OAUjr< WW«i«M 4i /-i ^ -------------------------------p •wr s . hill *^ pa ^ [Tl i’ ^itjri- .'••f .•UlUT WAniTA e WOOOHlutN 0 wtM cn 2 WTffllOWK*. iA7: eoffii- TCV »l EUM LA MAP LE U «AM0 AVf Co,. "® 0 TMOHOU6 h (r£o | ■» ft^ [o I nr^TTZTT ^ow5^ / BiVmg........•• ...................................... • ^r:w*‘A Nocrcnbcrg Maxwell K'C* rdca* ^ V^.•'>•V- WNnE \ 400 ^40 800 •'•V -JJ?ay *•••' .•■ —-■-*■ -——-'. '•• * ••* ^ m .»* •* • Jr 7^ ■• r-. »>>^->.\-7^ ; • 4'M 0L> lOi ' r.. Orono.\^ i*S *£■-.;> _ .. \ •?/ ;g v--.=r'iv ■>•..•• •« - v-aV;:./* nf^. j Coil lU ^ s; - < d^ » 141 yj ocifisp* S M Ty •• V • . •: Golf '. f.Course ;•§*••• ?*•***•’•• • *• fHtWCH UUCE RO Trtnch , Lake ^ « •.•*.. ^’‘ •“■-■***“^ • • “V' ..J*V * . O i «• >«« A • M A1 vt -.^V...- - »H ^< /V-*y/^SRIEMTlI^jV^J I;-','.''--'.' *. r - V V, V. _••LT. ;* •-Vr'l: *.v ;}\Bay’ •.?* •■••r :. • * . - '“ ■• . ■«■; • •;-•■ '.•/ ! ',/} • ;.'. • 7 -. •' •-•... ••'. •'••■•'■■•*• « *. . « mm DATE 12/02/99 BATCH OOS PROP ADDR ONNER NAHE TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORHATIOH SYSTEH PROPERTY OWNERS LIST 30 03-117-23 33 0001 00030 AODRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF OROHO P 0 BOX 44 CRYSTAL BAY HN 55325 30 04-117-23 44 0004 02401 RAINEY RO K N t P H BURTON KIRSTEN 0 PATRICK BURTON 91 OAK.VIEU TER SHORT HILLS NJ 07070 / REPORT NO. PI435401 PAGE 0 30 09-117-23 11 0010 0246S FRENCH LAKE RD ROBERT J 0 JOAN L DAYTON ROBERT J 0 JOAN L DAYTON 1 FRENCH LAKE RD MAYZATA NN 55391 / PROP ADDR OWNER NANE TAXPAYER NANE/ADOR PROP ADDR OHNEir NAHE TAXPAYER NAHE/ADDR 30 10-117-23 21 0091 00030 AODRESS UNASSICNED E S BORHAN I J E CORWIN E S BORHAN 0 J E CORWIN r/0 BURT H CORWIN 400 1ST AVE N R224 HPLS HN 55401 30 10-117-23 22 0002 00045 WILLOW DR S 6 A 0 A E ANDERSON GILBERT A ANDERSON 045 S WILLOW DR WAYZATA HN 55391 y 30 10-117-23 21 0007 00030 ADDRESS UNASSICNED E S BORHAN I J E CORWIN JULIUS HENOEL ^ C/0 BURT N CORWIN '' 400 1ST AVE N HPLS HN 55401 30 10-117-23 22 0012 02250 FRENCH LAKE RD LUCY HCDONALD WHITNEY ET AL CRAIG S 0 LUCY W STANDISH 2250 FRENCH LAKE RD y/ VkilAlk MN 55391 30 10-117-23 22 0013 00030 ADDRESS UNASSICNED ROBERT J 0 JOAN L DAYTJN ROBERT J 0 JOAN L DAYTON 1 FRENCH LAKE RD WAYZATA HN 55391 / PROP ADDR OWItfR NAHE TAXPAYER NAHE/ADDR 30 10-117-23 22 0014 00030 AODRESS UNASSICNED R 0 J DAYTON ROBERT J 0 JOAN L DAYTON 1 FRENCH LAKE RD WAYZATA HN 55391 30 10-117-23 22 0015 00030 ADDRESS UNASSICNED R H LANDIS 0 T E LANDIS RICHARD H LANDIS 2205 FRENCH LAKE WAYZATA HN 55391 30 10-117-25 22 0014 00030 AODRESS UNASSIGNED CHARLES S I SUSAN H LANNOH CHARLES S LANNOH 070 OLD CRYSTAL BAY RO WAYZATA HN 55391 / PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 10 117 23 21 0008 825 BROWN RD S STEVEN & ELIZABETH BOHL STEVEN & ELIZABETH BOHL 420 UPLAND LA N PLYMOUTH MN 55447 38 10 117 23 21 0009 2135 CARRIAGE LA SCOTT & NANCY REID y SCOTT & NANCY REID v 4241 INWOOD RD MINNETONKA MN 38 10 117 23 21 0011 ADDRESS UNASSIGNED GA ANDERSON i AE ANDERSON GILBERT A & ANN E ANDERSON 845 WILLOW OR S WAYZATA MN 55391 JS -t r ;. i-' // *:• / ». %-u JL Address: ^C'rrf i) Xyt. ^ , PERMIT RECORD H Permit No ^0^3 \3ozg ,24^'Z ___^sn s3. Date 9-4>Y ?'-J29-^6 /^■■^j-9L L--'S fL-^ 9S lo- :n -91 !■ Type of Permit i\2fXc9L yiu! (?/ l^Xtc^dL-J r, ■ -t KL^UKSL^ CniiMoii meeting Application Date:12/22/99 Completion Date:12/22/99 60 Day Deadline:2/20/2000 Review Date Extension:4/20/2000 fee 2 8 2000 Ct1 Y UP OHOMO REQUEST FOR COUNCIL ACTION DATE: 2/28/00 ITEM NO.: If Department Approval:Administrator Reviewed: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Agenda Section: Zoning Item Description:#2558 Anthony and Linda Patterson 1780 Shady wood Road Variance Zoning District: Lot Area: LR-IC One Family Lakcshorc Residential District (.5 Acre) 12,627 s.f (.29 acre) List of Exhibits: A Resolution B Notice of Planning Commission Action (2/23/20U0) C Staff Report and Exhibits of 2/23/2000 Application: The applicants have applied for variances to permit additional living space to the existing residence, replace an existing lakeside deck, and replace an existing side entrance on the south side of the residence. Presently, the house is a 1 '/t story structure that, as proposed would be expanded to a full 2 story. The applicant was issued a permit for construction on the second story as long as construction did not occur within the 10 ’ side yard setback. The Building Official advised the applicants of the potential for variance denial; he could not deny that permit ba.scd on unrelated variance matters. The requested variances are for: 1.Section 10.03, Subd. 14(C): Lot Coverage: In all zoning district, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory' structures shall not exceed 15% of the lot area. The proposal includes a side entry that is larger (80 s.f) than what currently exists (37 s.f.). The larger side entry increases the total lot coverage to 2,020 (15.9%). To permit a variance to allow lot coverage to be 2,020 s.f (15.9%) where 1,977 s.f (15.7%) exists, and 1,894.1 (15%) is allowed. 2.Section 10.22, Subd. 2and Section 10.56, Subd. 16(L)(2): Hardcover in 75-250’ setback area: To allow 3,133 s.f. (42.7%) of hardcover in the 75-250* lakeshore setback, where 3,204 s.f. (43.7%) exists, and 1,834 s.f. (25%) is allowed. 3.Section 10.25, Subd. 6(B): Area, Height, Width and Yard Requirements: Side Yard: The minimum requirements shall be observed for side yard setback: 10 feet. To permit a 6.7* setback where 10 ’ is required. The existing residence is located 6.7* from the side yard. PLANNING COMMISSION: The Planning Commission recommended by a 4 to 0 vote to: Approve the application as presented, e.xcept that lot coverage will be limited to 15.7% or less, requiring the side entry to be no larger than 37 s.f. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) AND SECTION 10.22, SUBDIVISIONS I (B) AND SECTION 10.25, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISIONS 16 (L) (2) FILE #2558 WHEREAS, Anthony Patterson and Linda Patterson (hereinafter "the applicants") are owners of the property located at 1780 Shady wood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 19, Shady wood. Hennepin County, Minnesota; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February ’ 23. 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 14 (C) to allow lot coverage of 1,976 s.f. (15.6%) where 1,977 s.f. (15.7%) exists and 1,894.1 (15%) is allowed. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 3,133 s.f. (42.7%) hardcover in the 75-250’ lakeshore setback where 3,204 s.f. (43.7%) exists and 1,834 s.f. (25%) is allowed. Section 10.25, Subdivision 6 (B) to allow a side yard setback of 6.7' where 10' is required to permit construction of a second story, replace the lakeside deck and replace the side entrance to the existing residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page I of 6 1. 0 3. FINDINGS This application was reviewed as Zoning File #2558. The property is located in the LR-IC, Lakeshore Residential Zoning District requiring .5 acres in area. The property consists of total area of 12,627s.f. or .29 acres. The Planning Commission reviewed this application on February 23, 2000 and recommended approval on a vote of 4 to 0. 4.The Planning Commission made the following findings of fact: A.The residence was built prior to current zoning standards. B.The lot is unusuallv small and narrow for the LR-IC zoning district. 5. 0. C. D. No hardship exists to justify lot coverage in excess of what currently exists on the property. The addition of the second stoiy within the side yard setback w'ill not adversely affect the neighboring property. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary' to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and llic effect of the proposed variance on the health, safety and welfare of the communitv. Page 2 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 14 (C) to allow lot coverage of 1,976 s.f. (15.6%) where l,977s.f. (15.7%) exists and 1,894.1 (15%) is allowed. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 3,133 s.f. (42.7%) hardcover in the 75-250’ lakeshorc setback where 3,204 s.f. (43.7%) exists and 1,834 s.f (25%) is allowed. Section 10.25, Subdivision 6 (B) to allow a side yard setback of 6.7' where 10' is required to permit construction of a second story', replace the lakeside deck and replace the side entrance to the existing residence. Approval was subject to the following conditions: 1. 3. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council Review. Authorities granted by this variance run with the property not with the applicants, but arc 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 (February 28, 2001). X'iolation 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. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on this 28th day of February, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & 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 6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss, ) On this day of , 200 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. Notaiy ’ Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. ) On this dav of , 200 before me a Notaiy Public within and for said county, personally appeared ____________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 99i5u^n/n7/23P/m^^ ADVANCE SURVEYING & ENGINEERING CO. 5300S.Hwy.No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax (612) 474 8267 Mn.vKVFoi.: TONY PATTERSON SURVEYED: October, 1999 DRAFTED: November 1,1999 REVISED: February 24,2000 to show revised proposals by client; LEGAL DESCRIPTION: Lot 19, Shadywood, Hennepin County, Minnesota. SCOPE OF WORK!_ 1.Showing the length and direction of boundary lines of the above legal description. The icopc of our services does not include determining what you o^^'n, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, imd that any matters of record, such as casements, that you wish shown on the survey, have been shown 2.Showing the location of existing improvements we deemed important. 3.Setting new monuments or verifying old monuments to mark the comers of the property. 4.Showing and tabulating hard cover and area of the lot for your review and for the review of such govcmmenul agencies as may have jurisdiction over hard cover requirements. STANDARD SYMBOLS A CONVENTIONSi Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. ^ CERTIFICATION:. .^ S.I hereby certify that this survey was prepared by me or under my direct supervision and O that I am a Professional Engineer and a Profi^ional Surveyor under the Laws of the State of Mtnnesou. ^. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 TO:Anthony and Linda Patterson 1780 Shadywood Road Wayzata, MN 55391 ZONING FILE # 2558 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 24, 2000 TYPE OF APPLICATION: Variance COPIES: DATE OF MEETING: February 23,2000 VOTE: 4 FOR AGAINST Planning Commission recommends the following: Approved as presented, except lot coverage will be limited to 15.7% or less, requiring the side enlr>' to be 37 s.f. or less and hardcover to remain at 3,204 s.f. or less in the 75-250' setback area. Applicant's next scheduled meeting is confirmed as: City Council February 28. 2000, 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. TO: FROM; DATE; SUBJECT: Chair Havvn and Orono Planning Commission Members Ron Moorse, City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner February 14, 2000 #2558 Anthony and Linda Patterson 1780 Shadywood Road Variance - Public Hearing Zoning District:LR-IC Lot Area: One Family Lakeshore Residential District (.5 acre) 12,627 s.f.(.29 acre) Exhibits A B C D \l I- G H 1 .1 Application Applicants Letter Revised views plan lilevations Revised Hardcover calculations Second Stor> Plan Location Map Planning Commission Minutes (January 19, 2000) Resolution #3974 (Adjacent property variances-10/97) Stall'Report (January 14. 2000) including application. sur\ey. etc Suinmary : 1 his application was tabled at the January 19,2000 Planning Commission meeting so the applicant could redesign the deck and side entty to conform more with Orono ’s zoning code. The applicants have applied for variances to permit additional living space to the existing residence, replace an existing lakeside deck, and replace an existing side entrance on the south side of the residence with a larger entrance. Presently, the house is a 1 'A storv structure that, as proposed, would be expanded to a full 2 story house. The applicant was issued a permit for construction on the second stoiy as long as construction did not occur w ith the 1 O' side yard setback. Ihe Building Official advised the applicants of the potential for variance denial; he could not deny that permit ba.sed on unrelated variance matters. ^255S Anthony/l.mda Patterson / 7S0 Shadywuod Road Variances 2 n 4/00 Pa^e / Neighborhood History: The applicant has obtained a copy of the survey, hardcover calculations and resolution for the adjacent property - 1770 Shady wood Road. In October 1997, the Planning Commission and City Council approved variances for an after the fact deck. Sec attached Resolution #3974 as Exhibit K. Brief Summary of proposed changes: The 0-75’ setback area: The existing deck has 65 s.f. located in the setback area. The deck has been redesigned to eliminate it from protruding into the setback area, lowering the hardcover calculations in this setback area to 0%. No variance needed. The 75-250' setback area: The existing deck has 220 s.f in the 75-250’ setback area, the first proposal was for 291 s.f to be located in this area. The redesigned deck proposes 235 s.f to be located in this setback area. In the combined setback areas, total deck square footage is reduced from 285 s.f existing to 220 s.f proposed. The side cntr>' as exists is 37 s.f The first proposal was for 165 s.f The redesigned side entrv is for 80 s.f The applicant's are still proposing to remove 95 s.f of driveway and 128 s.f. of sidewalk.. The deck, side entr>'. reduction of driveway and sidewalk reduce the hardcover calculations for this area from 3,204 s.f (43.7%) existing to 3.039 s.f (41.4%) proposed. A variance is still required for hardeover within the 75-250’ setback area. •Structural Coverage; The existing structural coverage for the lot is 1.977 s.f or 15.7%. The new proposal beeause of the side entry being larger than what exists is 2,020 s.f or 15.9%. The applicant understands that the zoning code only allows 15% structural coverage, but wishes to keep the side entry at 8' x 10' (80 s.f instead of the 165 s.f first proposed), fhe first staff report has larger numbers for structural coverage because the deck was included in this calculation, however, it has been determined that the deck is under 6' in height and is not included in .structural coverage calculations. A variance is still needed for structural coverage. This application requires the following variances; Section 10.03, Subd. 14(C): Lot coverage: In all zoning district, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and acccssoiy structures shall notexceed 15% of the lot area. To permit a variance to allow lot coverage to be 2.020 s.f (15.9”/o) where 1.977 s.f (15.7%) exists and 1.894.1 (15%) is allowed. ^255iS Anthony/Linda Patterson 1780 Shadywoud Road Variances 2/N/00 Pa^^e 2 7 y Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250* setback area: To allow 5;039 s.f. (4K4%) of hardcover in the 75-250' lakeshore setback, where 3,204 s.f. (43.7%) exists, and 1,834 s.f. (25%) is allowed. Section 10.25, Subd. 6(B): Area, Height, Lot Width and Yard Requirements: Side yard: The minimum requirements shall be observed for side yard setback: 10 feet. To permit a 6.7' setback where 10' is required. The existing residence is located 6.7' from the side yard. ANALYSIS Lot Area: LR-IC Lot Area Side Yard Setback Required 21,780 s.f.10' Actual 12,627 s.f.6.7' Structural Coveraiic Total Lot Size Total Structural Coverage 12.627 s.f.Allowed: 1,894.1 s.f.(15%) Existing: 1.977 .s.f.(15.7%) Proposed: 2.020 s.f.(^I5r9%) I*' 1 lardcovcr Calculations: Distance from shoreline fotal area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75 ’5.291 s.f. 0 s.f (0%)65 .s.f (1.2%)0.s.f (0%) 75-250'7,336 s.f.1,834 s.f (25%)3,204 s.f (43.7%)(41.4%) U255S Anthony/l.tmUt Pultcrson 17li0 Shad^M'Ood Road Variances 2/N/i)0 Puye i Statement of Hardship ; The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues of Concern ; 1.The existing residence was built in the 1960's creating the existing side yard setbacks. 2.The proposal to remove part of the driveway and sidewalk. Planning Commission should discuss whether it may be prudent to leave the sidewalk and driveway as is. The property needs a sidewalk to access the garage and the driveway size is needed for off street parking and as a turn around to enter Shadywood Road. This will increase the hardcover coverage in the 75-250' setback area to 3r262 s.f. (44:4%). 3.Other issues raised by the Planning Commission. Staff Recommendation ; Staff makes the following recommendations: 1.Approve the variances for lot coverage, and side yard setback. 2.Approve the variance for hardcover in the 75-250' setback area including the sidewalk and full driveway. The hardcover calculation would be 3,562^.f. (44r4%). 3.A new survey to show revisions be submitted to City staff for approval before building pennit will be issued. Anlhuny Liiuht Patterson 1780 Shinlyw ond Road Parlance I/I 4/00 Page 4 Application U S S Date Received " / ^^ Amount Paid $> 2>S 0 ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.C0 (S50.00 per each additional variance) Renewal Variance Fee SI50.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) XXK.\jLd r\c\~-lC^C PROPERTY INFORxMATION ^^ ^'I I Site Address \'^^0 ,!>-^3^ I Property Identification Number (I^.I.D.) \'^l! tt It •• 1**.* * C A* •• tillAttach legal description to apphcMion if not included on required survey. Date Property Acquired OcTtoS>t^ /*97^ __________________(month/year) • -(do) (^0 not]) also . ___ ^ Present use of property: ^-^^residential ___other (specify) Zoning District: L-P - l(\___________________________ PPLICANT^ /// n Jj Name Z-^^ Address T"City ' different IOWNER (if ^ff^rent jhan applicant) Name Address:City:Zip: DESCRIPTION OF REQUE^ ,Estimated Consimction C,ost sJJS^O O . Describe request.in det:^: S'/'cr^ UE^ :cc. 'Tc.c<- Cx/y^-^x u;-/A /neu dixil^ %. ».* ) (jol " •\ ‘I > Phone (home) hl^'~ ^ ^ ^ ___ ^hone (work) o l!^ ^^7)"~ 3^ 3!_ ity: Or0.^0 _______Zip: S~J~~7*D L '^' Phone (home) Phone (work)_ ncCr' Set-6oc/ (attach additional sheets if necessar/) VAW.ANCES REQUIRED xC Lot Area Setback: ___Lot Width Front Side Hardcover ___Lot Coverage Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficultv or unusual nroperty conditions preventing compliance with Zoning Code requirements: o/f cucAc d ___________________ (attach additional sheets if necessaiy) 5 HARDSHIP/DECSCRITION OF UNUSUAL POPERTY CONDITIONS: 1780 SHADYWOOD RD....TONY AND LINDA PA TTERSON A.SECOND STORY ADDITION -The North wall of the second one-half storj’ of our existing residence falls within the 10ft setback of our neighbors property line (7ft). We are applying for a variance based on the practical difficulty of replacing the dormer existing second story with a full second story but not being able to extend the addition the entire length of the original foundation without conforming to the 10ft setback ordinance. B.REPLACE EXISTING FRONT DECK -We would like to replace the e.xisting deck utilizing the same basic square footage. Existing deck meets lake setback, however, the staircase protrudes into the 75ft setback but will be re-located to conform in new design. C.RE-BUILD SIDE ENTRANCE/MUD-ROOM -We are proposing to replace the existing side entrance with new construction and a slightly larger foundation that is suitable for our families active lifestyle. Total property hardcover will remain the same with proposed elimination of a portion of the e.xisting driveway and stone walking path on Southeast comer of stmcturc. X 1- * i ) JJ X •• r .-.:-’' ^ •'1 c? V w\ • .. : ... '· ,.J _ .J •/ . . I ..; . : -:J.: ... ii ., •: t• ,.., \ • I .. , • ., ••• t :. • .. • J l >, •• • -4 .·• ........ ' '. •. C' ' ... r-' -.I . . ., I I • r1 rcHCi ·-. I I .. ---- t'----Jj ·. _. _, --- eom mNKWW i£ln) ^ m j o « s oo lO \Q5 tityAWH I l □□ □ □ □ � ,A' � &Jll I I I i'-.....A1 1 ii I I I I itl'-. Al I 11 111 J IJ I 1 11"-. A I I 11 11 I I I I I II I 11"'-.. □□ ______________ ____, ...... ,------, - □□ □ 5-rRfff flfVA110N ----------------------- ••• • • < t* •HARDCOVERg^CULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)7S-250’250-500’ EXISTING HARDCOVER IN ZO^fE A.House X _________** Leogth Width B.Garage C.Driveway D.Sidewalk E.Pacio/Dcck F.Landscape Underlain By Plastic Or Fabric X X X G, Other X X X X X X X X X V s= s=x TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ - A Ir^-B fl,2Q /X 100 PROPOSED HARDCOVER IN ZONE A. House ______________ Leog’Ji Width B.Garage C, Driveway D.SidcwAjc E.Palio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - A ^ -s- B 65^1 ('ly)500-1000’I 66" 6^ ^JkOJL ^.^11 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ’s.F. S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ]S.F. S.F. S.F. xlOO S.F. S.F. S.F. S.F. S.F. S.F. % A B A B ... . , .. ... . HARDCOVER CALCULATION '\YORKSHEET ·( · (J1z� SETBACK ZONE: (CIRCLE ONE) &XIS I�� HARDCOVER lN ZONEA. B. c. D. E. F. G. House ·Garaae. . ::: -. Driveway Sidewal.lc Patio/Deck . �:,tdC ( • d1� · Landscape Underlain By Plastic Or Fabric Other Leosth .. 0-75' X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONETOTAL PROPERTY AREA IN ZONE A . B- lROPQSED HARDC 1 )VER Ii'i ZONE A. B. C. D. E. F� G. House $,.cti' ( • d \J Garage Driveway Sidewalk Patio/Deck Land.scape Underlain By Plastic Or Fabric Other X Leoath X X X X X X X X X X X X TOT AL H.A.R.DCOVER 1N ZONE TOTAL PROPERTY AREA IN ZONE A 3t�t . B- <ff:-2s]_S.; Width - . / :> ��l1✓X 100 Width •• -' l j :;lt:>X 100 ld 250-500' - --- - -- --- --- -.·--= -- - - ---- - 3(p_ 500-1000'·•/ ,·.3c, t. l· 3c1 Sile_;. 'l �g 3,·) () 37 j_:X' l '1 � � L,. I. L-�,, I . .J"('. I' '--. � 1i;.-;c1 . S.F. S.F. . . S.F. s.�. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.··S.F. S.F. S.F. AS.F. B % S.F. S.F. S.F. S.F. 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Bay :• \ N • ^ • y im*jo<ji« Spring I U ij ' >i^nijar/,Park Ul /^]pwg n \ gfpgg ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19.1999 jCCi % H are requesting a variance for the second story addition to encroach 20 feet into the aven lakeshore setback and a variance to permit a 10.62' setback to the north property Ijire and a 9.93* setback to the south property line where 30' setback is required. City Staff is recommending approval of variances for side yard selbackyaverage lakeshore setback and hardcover In the 75-250' setback area. Hawn inquired whether a variance to height is required on thi^pplication. Bottenberg stated the height of the proposed structure i^not an issue. Mr. McAthie staled they are looking to update theipt'esidence. McAthie slated their neighbors are in support of this project. Bottenberg commented City Staff has revived a phone from Michael Johnson. 1461 Bay Ridge Road and Kent Whitworth, 1425 ^ay Ridge Road, indicating their support of this project. There were no public commems. Kluth inquired where th^ardcover was being reduced. Mr. McAthie stateckmey removing some decking and a sidewalk located in the front. Kluth move^Hawn seconded, to recommend approval of Application #2557, Juditt^nd Daniel McAthie, 1449 Bay Ridge Road, granting of variances to side ira setback, average lakeshore setback, and hardcover In the 75-250' setback area to permit the addition of a garage and living space to the existing residence. VOTE: Ayes 5, Nays 0. (#13) #2558 ANTHONY PATTERSON. 1780 SHADYWOOD ROAD - VARIANCES, 11:57 p.m. -12:23 p.m. Anthony Patterson, Applicant, was present, along with David Berkman, Property Manager. Bottenberg stated the Applicants are proposing to construct additional living space to the existing residence, replacing an existing deck, and replacing an existing side entrance with a slightly larger entrance. Presently the house is a one and a half story residence that will Page 42 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUtV 19,1999- v).^___>^cc'0 be expanded to a full two story house under this proposal. Bottenberg stated the Applicants are requesting approval of variances for lot coverage, hardcover in the 0-75 and 75-250* setback area, lakeshore setback, and side yard setback. The Applicants are proposing to decrease hardcover in the 0-75* setback to 45 square feet, and increasing the amount of hardcover in the 75-250 ’ setback to 45.1 percent. Bottenberg noted the overall structural coverage on this lot with this proposal will be 19.3 percent. Bottenberg stated the existing residence was built in the 1960s, creating the existing side yard setbacks. City Staff is recommending reconfiguring the lakeside deck and keeping it at its present size of 285 square feet, which will eliminate the hardcover variance and encroachment into the 0-75* setback area. Staff also recommends leaving the sidewalk and driveway as is to allow for off street parking and a turn-around. Bottenberg stated the proposed side entrance is reasonable in size and is not excessive for the lot or size house. Bottenberg staled i f the second story walls were to meet the 10 foot setback from the north lot line, this would create odd shaped rooms and cause problems with the layout of the second story. There were no public comments regarding this application. Hawn commented when she visited the site, the residence was already under construction and she was puzzled by what was new construction and what was existing. Hawn inquired why construction had commenced prior to the application being heard by the Planning Commission. Berkman stated he has spoken with the City’s building inspector regarding this proposal. The construction that is presently undeiway is outside the sideyard setback and a building permit was issued to allow commencement Oi’ that work. Berkman stated the property owners would like to have the work completed by April. Berkman stated the new construction Is over the existing foundation, and the work requiring variances has not been Page 43 ORONO PLANNING COMMISSION MEETING MINUTES FOR«IULY 19.199» Mk.'JC'C'O commenced at this time. Hawn inquired whether the new enclosed porch is entirely out of the 0-75' setback. Berkman stated the enclosed porch is outside the 0-75 ’ setback, with the existing deck encroaching into the 0-75 ’ setback. Kluth noted the Applicants are proposing to increase the structural coverage on this property. Berkman stated they are looking at expanding the entryway. Kluth inquired whether the size of the deck could be reduced slightly to lower the amount of structural coverage. Berkman commented tonight was the first time they heard there was a different between hardcover and structural coverage. Kluth stated the deck would be considered structural. Hawn commented the Planning Commission is reluctant to approve structural coverage which exceeds the allowable 15 percent. Kluth stated he does not have a problem with the proposed setbacks. Kluth slated the concrete sidewalk would be considered hardcover. Kluth stated if the deck is reduced by ten square feet, structural coverage v/ould be reduced to 18.2 percent, which is the existing amount of structural coverage on the property. Smith suggested the Applicants keep the structural coverage at the existing limit, noting the code allows up to 15 percent structural coverage. Hawn suggested the Applicants revise fheir plan in an effort to reduce the overa" structural coverage on the property. Smith noted City Staff is recommending reconfiguration of the lakeside deck and keeping it at its present size, which vWII eliminate the need for a hardcover variance and encroachment into the 0-75 ’ setback area. Berkman inquired whether patio stones are considered hardcover. Smith stated they would be counted as hardcover. Smith inquired whether the Applicants r^ge 44 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUtV 19, would like their application tabled to allow them time to revise their plan. Kluth noted the sideyard is grandfathered in. Kluth recommended this application be tabled. Patterson inquired whether the application could proceed forward if they keep the hardcover and structural coverage at the existing limits. Hawn stated the Planning Commission needs to review the revised plan before approving it. Hawn stated she would not be comfortable approving this application prior to seeing a revised plan. Smith indicated she was in agreement with Hawn and that the Planning Commission really needs to review the revised plan to see exactly what is being proposed before approval is given. Hawn advised tne Applicant to have the application tabled. Patterson requested the application be tabled. Smith moved, Kluth seconded, to table Application #2558, Anthony Patterson, 1780 Shadywood Road, to allow the Applicant time to submit a revised plan. VOTE: Ayes 5, Nays 0. NING COMMISSION COMMENTS (#14) REPbRT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON'n OVEMBER 22,1999 AND DECEMBER 13,1999, AND JANUARY 10, 2000 This item was not discussed. (#15) OTHER ISSUES FOR DlSCUSSIOl Mayor Jabbour suggested City Staff discuss the applications directly with the Applicants prior to their appearance at the Planning Commission mee^g^o avoid any confusion regarding hardcover and structural coverage limits. Jabbour sl^rLplastic is considered hardcover, noting that the City Council also requests that the residenlsTeiTiove the plastic underiayment whenever possible. ^ Kluth commented the Planning Commission needs to have as much information as pbssi^ Page 45 CITYof OROXO RESOLUTION OF THE CITY COUNCIL NO. .^974 A RESOLUTION GRANTING VARLANCES TO >R7aCIPAl, ZONING CODE SECTION 10.22, SU'BD. 1 .AND 2 ANT) SECTION 10.25. SL^BD. 6(B» FILE NO. 2287 WHEREAS, Bradley and Traci Peterson (hereinafter "iht arrplitants") are o%\neTS of the property locaed a: 1 ‘70 Shad^-vsood Road within the C:r.- of Ctoso hersmar.er "the City") and legally described as follows: Lot 18, Shady-Wood (hereirafter "the property"); and WHEREAS, ±e applicants have applied to the Cit>- for variances t: Municipal Zoning Code Secuon 10.22, Subd.l and 2 and Section 10.25, Sur-d. 6i,3) to permit die replacement of a previously existing 490.2 s.f. deck. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the Cir- Cauncu of Orcno, FINDINGS 1.This applicauon was reviewed as Zoning File #2237. 2.The properr- is located in the LR-IC Single Family L.akfshcre Residenua! Zoning Disrict requiring one-half acre in area. Tee preperry consists of 12,047.9 s.f. or JIS acres. 3.The Orcno Plarming Commission reviewed this applicant cn September 15. 1997 and recommended approval of the proposed varlanaces base: union the following fmiir.gs: 1.Tne zonin.2 !:t does not meet area or widdi ren-dnements. Tne deck is a replacement for a previously e.xisdng cne. Page 1 of 6 o.o A CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^74 - 4.The Cit>- Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning dirtrict; that zracting the variances vsould not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would cot merely seive as a convenience to the applicants, but is necessary to alleviate a demonsu-able hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the fniings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Baied upon one or more of the above findings, the Orono City Council hereby erants variances to Municipal Zoning Code Section 10.22, Subdivision I and Subdivision 2 and Secticn 11.25. Subdivision 6(B) to permit the replacement of a previously existing deck that recuires hardcover variances of 21.6% in the O' to 75 ’ lakeshore zone and 36.4°; in the 75 ’ to 25C lakeshore zone where 21.6% and 63.6% is existing and none and 25% is allowed, resrechvelv. a side setback variance of 5.9 ’ to allow the deck to be located 4.1 ’ frcm the side lot line \\here 10' is requhed and .9’ is existing and a lakeshore setback variance of S’ to allow the deck to be located 67 from the ordinary high water mark where 75 ’ is required. .A.pproval was subject to the following conditions: 1.Landscaping underlain with plastic must be removed in the amount c: 4902 s.f, the same area as the deck as shown on Exhibit .A. Exhibit B is the applicant’s e.vnlanation of the proposal, which estimates the removal of even more hardcover than is recuired bv Planning Commission Recommendation. Audiorities granted by this variance run with the property no: wi± the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 13, 199S). Violation of or non-compliance with any of the terms and condidons of this Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. a 9 74 variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of October, 1997. 4 fuitiA4ix> Property 0\sner (s) STAJE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the Cit>- of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. notary PUBLIC-U'NNESOTA » K HENNEPIN county » W M'/ Comnissicn *7^/ / -'..M Notary Public Page 3 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^9 74 _____ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /7^'_______day of A" ^ 4- //>-/' _______, 1997 before nw a Notary Public within and for said county, personally appeared hitdlT^ /."c.-f) h i‘,/: •• 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 (their) free act and deed. LIMDAS.VEE NOTARY PUBUC-MINNESOTA HENNEPIN COUNTY MyCc(tifiiissicnExclfesJin.31.2CC0 ^ NOTARY PUBUC 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 person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 6 Peterson Pontiac GMC TEL :612-:5:53-:iU75 ':-ep 23 ’ '27 9:13 Mo . 00:-: F . Oj ExU'.V /I 3974 Peterson Pontiac GMC TEL : tlJ-^GG-oOrs Gep 23*y7 9:13 Mo.003 F.0i !ds- ^ - • U>i\V.Y 6 September 23,1997 3974 City of Orono PO Box 66 Crystal Bay, MN 55323 Attn: Liz Van Zomeren Zoning file: #2287 As per the planning commission meeting on September 15. 1997 I am submitting a proposed hardcover removal for your consideration. I would propose to remove all of the plastic ground covering on the north side of the property along the chain link fence for approx. 53’. 1 believe that the would remove approx. 318 sq. ft. of ground cover in the 0-75' zone. I would also propose to remove a 10 X 20’ section of plastic ground covering on the west side of the property next to the timber retaining wall. This should remove 200 sq. ft. of hardcover in the 75-250’ zone. Please inform me as to your acceptance or rejection of this proposal by Thursday September 25. 1997. I would like to have this completed by the September 26,1997 deadline for the city council. Thanks. Brad Peterson 1770 Shadywood Road Orono. MN 55391 ■i-«w^wrrrfltl TO: DATE: /3 3- Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Wendy Bottenberg, Assistant Zoning Administrator/Pianner January 14,2000 SUBJECT:#2558 Anthonv ^nd Linda Patterson 1780 Shady wood Road Variance — Public Hearing ___ Zoning District:LR-IC One Family Lakeshore Residential District (.5 acre) Lot Area:12,627 s.f. (.29 acre) This application requires the following variances: Section 10.03, Subd. 14(C): Lot coverage: In all zoning distnet, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. To peratil a variance to allow lot coverage to be 2,441 s.f. (19.3%) where 2.299 s.f. (18.2%) exists and 1,894.1 (15%) is allowed. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l): Hardcover in 0-75’ setback area: To allow 45 s.f.(.85%) of hardcover in the 0-75’ lakeshore setback, where 65 s.f. (1.2%) exists, and 0 s.f (0%) is allowed, and to allow removal and replacement of an existing deck on the lakeside of the residence to encroach 5' into the 0-75’ setback area. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250’ setback area: To allow 3.308 s.f (45.1%) of hardcover in the 75-250’ lakeshore setback, where ?,204 s.f (43.7%) exists, and - '4 s.f (25%) is allowed. Section ld.25, Subd. 6(B): Area. Height, Lot Width and Yard Requirements: Side yard: The minimum requirements shall be observed for side yard setback: 10 feet. To permit a 6.7' setback where 10’ is required. The existing residence is located 6.7 ’ froni the side yard. The applicants seek approval of variances for lot coverage, hardcover in the 0-75’ and 75-250’ setback area, lakeshore setback, and side yard setback. ^2558 Anthony/Linda Patterson 1780 ShadyM ooJ Road yariances 1/14 00 Pa^e / Application Summary: The applicants have applied for variances to permit additional living space to the existing residence, .eplacing an existing deck, and replacing an existing side entrance with a slightly larger entrance. Presently, the house is a 1 '/z story structure that, as proposed, would be expanded to a full 2 story house. The applicants seek approval of variances for lot coverage, hardcover in the 0-75' and 75-250' setback areas, lakeshore setback, and side yard setback. Lot Area: ANALYSIS LR-IC . .ot Area Side Yard Setback Required : 1,780 s.f 10' Actual 12,627 s.f.6.7' Structural Coverage: Total Lot Size Total Structural Coverage 12,627 s.f Allowed: 1.894.1 s.f (15%), Existing: 2,299 s.f (18.2%)" Proposed: 2,441 s.f (19.3%) \( nr ‘iO Hardcover Calculations: Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75'5,291 s.f 0 s.f (0%)65 s.f (1.2%)45 s.f (.85%) 75-250'7,336 s.f 1.834 s.f (25%)3,204 s.f (43.7%) 3,308 s.f (45.1%) U2558 Anthohv/Lincla Patterson / 780 Shach-w cod Road yariances 1/14/00 Page 2 *• Statement of Hardship : The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues of Concern: 1.The existing residei "e was built in the 1960's creating the existing side yard setbacks. 2.The proposed lakeside deck encroaches into the 0-75 ’ setback area and hardcover in the 0-75 ’ setback area. 3.Other issues raised by the Planning Commission. Staff Recommendation: Stair has the following recommendations: 1.Reconfigure the leikeside deck and keep it at the present size of 285 feet will eliminate the hardcover variance and encroachment into the 0-75 ’ setback area. 2.Leave the sidewalk and driveway as is. The property needs a sidewalk to access the garage and the driveway size is needed for off street parking and as a turn around. 3.The proposed side entrance is reasonable in size, not excessive for the lot or house size. 4.The second story walls should meet the 10' setback from the north lot line, however, looking at the plans this creates odd shaped rooms fouling up the interior layout of the second story. Exhibits A Application B Applicant ’s letter C Site Plan/Sur\'ey D ElevationsA^iews E Hardcover Calculations F Floor Plan G Plat Map H Location Map I Property Owner ’s List J Permit Record >*255S Anthony/Linda Patterson 1780 ShaJv^vood Road Variance l/ld/00 Page 3 t f\ Application #S S Date ReceKed /^/a Amount Paid Z> CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) 13 ui uci ICoiMCiciC't ■ •A PROPERTY INFORMATION , ^ ... Site Address 'S Property Identification Number (IP.l.D.) i ^^^m.• Attach legal description to appUc^ion if not included on required survey. Date Property Acquired Qcrosf^^. I (do) (^o not]) also own the adjacent fjarcels of land. Present use of property; residential ___^other (specify) Zoning District: LI? - l(\__________________________ (month/year) JJ ) i ) to I-^^ APPLICANT Name Address L r\ \ /'r^ ! > OWTVER (if ^different than applicant) Name Address: (if^^i^rentj Phone (home) ^^^ _____ rPhone (work) p(3^3^ 2 / .> Ciw: UC0/10________Zip: Phone (home). Phone (\vork)_ City:Zip: Oo DESCRIPTION OF REQUE^ .Estimated Construction Cost $ Jj^OOO. ' Describe request.in detail;c*- CX/ ^~ / / L ii-cry A oj dink Hb i<f-6^K. ^(attach additional sheets if necessary) VAWANCES REQUIRED Oy Lot Area Setback:Front Lot Width Hardcover ___^Lot Coverage ^ Side __Rear ^ Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficult’ or unusual property conditions preventing compliance with Zoning Code requirements: ?______________________ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. >K 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owiiers List of oumers within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SVz' x 11" for reproduction. A /J4.Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/’" x 11" for reproduction. ^Sketches or plans of floor & elevation views (provide one (1) copy S'A" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __Additional items as may be requested by City staff The Applicant and Properly Owner must sign this application. Please remember that your variance application is not complete if the above information ha.s not been included. APPLIC.ANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true andjcoirect to the best of his/her knowledge. Applicant's Signature Date OWTSER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff consultants, agents. Commission members, and Council members for purposes qf^nvcKtiMtion and verification of this request. Owner's Signature Date /j- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. .Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building &. Zoning Office of this change prior to the meeting. HARDSHIP/DECSCRITION OF UNUSUAL POPERTY CONDITIONS: 1780 SHADYWOOD RD TONY AND LINDA PA TTERSON A.SECOND STORY ADDITION -The North wall of the second one-half stOf>' of our existing residence falls within the 10ft setback of our neighbors property- line (7ft). We are applying for a variance based on the practical difficulty of replacing the dormer e.xisting second story with a full second story but not being able to extend the addition the entire length of the original foundation without conforming to the 10ft setback ordinance. B.REPLACE EXISTtNG FRONT DECK -We would like to replace the e.xisting deck utilizing the same basic square footage. Existing deck meets lake setback. however, the staircase protrudes into the 7Sft setback but will be re-located to conform in new desiga 6 C.RE-BUILD SIDE ENTRANCE/MUD-ROOM -We are proposing to replace the e.xisting side entrance with new construction and a slightly larger foundation that is suitable for our families active lifestyle. Total jvoperty hardcover will remain the same with proposed elimination of a portion of the e.xisung driveway and stone walking path on Southeast comer of structure. .1 5 'wJ J . / ^ ••'4^ ADVANCE SURVEYING & ENGINEERING CO, 5300 S. Ilwy. No. 101 Minnclonkn, MN 55345 Phone (612) 474 7964 l•ux (6l2) 474 8267 TONY PATTERSONSURVnV FOR; SURVEYED: October, 1999 •;N DRAFTED; November 1,1999 V ^ !t LEGAL DESCRIPTION: Lol 19, Shadywood, Hennepin County, Minnesota. SCOPE OF WORK: 1.Showing the length and direction of boundary lines of the above legal description. I he scope of our services docs not include determining what you own, which is a legal matter. Please check the legal description with your records or consult u ilh competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, dial you wish shown on the survey, have been shown 2.Showing the location of existing improvements we deemed important. 3.Setting new monuments or verifying old monuments to mark the comers of the property. 4.Showing and tabulating hard cover and area of the lot for your review and for the review of such governmental agencies as may have jurisdiction over hard cover requirements. STANDARD SYMBOLS & CONVENTIONS. Denotes VT* ID pipe with plastic plug bearing CERTIFICATION: 1 hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State ofMirmesota. •V 4 -• (be License Number 9235, set, unless otherwise noted. 274 ------------^ H.Parker P.i:. & P.S No 9235 >!47»T o ^ o ^o V" ^ \ GRAPHIC SCAU-: ( 01 mr) I teak • n n.JOB NO. 991509 o 5(?IJTH BtEVATlOM rO n. D im ELEVATION (O ir^ A -St '■ t i >1 -Tf i aJE^ HARDCOVER CALCULATION WORKSHEET 75-250'250-500’SETBACK ZONE: (CIRCLE ONE) (^0^7^ EXISTTNG hardcover IN ZONE A. House ______________X ^"5 1^03 C 500-1000* LrafJi Wid-Ji B.Garage C.Driveway D.Sidewalk E.Patio/Dcck F.Landscape Underlain By Plastic G.Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE r C___ ^ B X 100 S.F. ST. SI. SI. S.F. SJ. S.F. S.F. S.F. PROPOSEn hardco ver in zone A. House _____ _______^ Uiiftth Width X X X B.Garage C.Driveway D.Sidewalk X X X X E.PatioDeck Rg.w^c»e CA. F.Landscape Underlain By Plasric G.Other X X X TOTAL HARDCOVER IN ZONE TOTAL P^PERTY AREA IN ZO^fE ^ Cr.5 S.F. S.F. S.F. S.F. S.F. S.F. U "» S.F. A ( S.F. B 1 . 'L-% S.F. S.F. S.F. S.F. S.F. S.F. S.F. SJ. S.F. GO • •/ • 4.. i / — 4S S.F. AS S.F. S.F. S.F. S.F. S.F. t" 4l5_s.f. X 100 ^07^ a 1 S.F. A B HARDCOVER CALCULATION WORKSHEET L SETBACK ZONE: (CIRCLE ONE) ' 0-75* EXISTING HARDCOVER IN ZONE A. House ______________^ Length WidUi X X X B.Garage C.Driveway D.Sidewalk E.Palic/Dcck F.Landscape Underlain By Plastic G.Other X X X X X X X X X TOTAL HARIXOVER IN ZONE TOTAL PROPERTY AREA IN ZO^ .c> A *B __L PROPOSEn HARDCOVER IN ZONE A. House _______________* e.vN-Vr^'^ ----- X ____ Width B.Garage ---------------------*---------------------------- c.Drivewav e^. t X_____________— D.Sidewalk X X R.€.vv ^o^^ E.Patio/Deck_______________ tOieiLd^clpu- F.Landscape Underlain By Plastic G.Other X X X TOTAL HARDCOVER IN '’ONE t^al ^roperty ar ^ s , ,00 250-500’500-1000’ S.F. SJF.■' ST. S.F. m Cr,y^ S.F. s S.F. S.F. ss S.F. S S.F. S.F. 'L.T_0 S.F.rr37S.F. S.F.• • S.F.•‘‘s S.F. I • Jl 100 3,7_04 S.F. S.F. A'K.l %CD>S.F.•.“'S ') . . v' • . •> m — 3>'7 S.F. m m -e- \ A S S.F. S.F. m S.F. V • 1 "'I 9 —S.F. S.F. S.F. S.F. — 'iruD S.F. -1-9^1 S.F. S.F. S.F. S.F. S.F. "yS •S.F. n S.F. . 1 __.% A B *• y%< UJL V^'(M \Q' -c \ AC 'f V.::ff :¥.^i •OTW0t*^ (nrj ITECK FIF5f FU9(^ a/V^ ' FX15Tlt^ "F (■^ ► ,v ['[coc PIOcfN P" I f in'-D'i II'-O" j'-lli/fl" cncia PEa ow6oe6 cnc w 5''lLI/8" ex7.s'-io>/i« xy-er/8" MASTER PEPROOM LMOFR/OttWaRUTW lO'-U^ MA5teK PATH 5H(7weR -ro" a(?5Er ORM n? RUM lO'-IL"7*.mi 5-.II" 2'6" L»CN aoser 2 20*0020 <r-0"ir-o" / ©PATH © —1-----n ----------------------------^^---------------------- V 2-010020 121-5"*r O" (Jd 200.13 10 ( 17) 195.1 N \ 185.25 ^ \ 239.86 ?v \13( 19) § 98.29 120 (20)n : 15 145.7 130 9 ^9^ 250 (3) 135 9 '\ ><\ fo 13 (23) 155.9 .S »: '’r5\cp. 2S 20 (25) ^ 215.8 \ % 21 (26) 245.8 22 8 \ •23 ______________305.8 ^ cP V \ \cp Q> V.v> \-5'. Vbi ( 15) V5 V tO 24 Va. \_____300.1 ( 16) 29 4.4 \ 145*48'13" 4.0 ( 17) 288.7 .\ G f i.' \ (10)_o c 9o\o'' 27 282.8 N 6' \ (II)(2) 'i f • • RED OAX f.A. Cbu rse-'jA^VSiJ WIST iM»CM «« ■• >i-' >v\?•* .. • . ^ •#•MX! U:.r AN .• 9^ SEE MAP 61 ^ t Coir; ;Q«uVse «w Vwki.%. •■•••- OiTVOAHL RO^;.„ s:';is5x 3AV r ^ BRAilOWEWU "* Jennings' Bay ill • ^. w. - »N. -.; » , ;!IH ^^SSUg. S (J^‘.......... a^/>K5, V / Skogsba-g Point •* ♦%# West •*• •W HI * , L5«N>^ - Jb ••• I i ijl ORONOr» Ar/n 4 -•• • • V. *IOHN$ •MlXT \U • * . ••V j O •'2:. 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PXASSAtl PAGE II RATCH BIS PROP AOOR OWNER NAHE TAXPAYER NANE/AOOR PROP A1 OWNER NANE TAXPAYER NANE/AODR OWNER NANE TAXPAYER NANE/AOOR PROP AODR OWNER NANE TAXPAYER NANE/AOOR SO 17-117-2S 21 IMi •MSS ADORESS UNASSIGNEO HENNEPXN FORFEXTEO LAND CXTY OF ORONO P 0 BOX 44 CRYSTAL BAY NN B5S2S SO 17-117-2S 21 0M7 OiOSO ADORESS UNASSIGNEO HENNEPXN FORFEXTEO LAND CITY OF ORONO P 0 BOX 44 CRYSTAL BAY HN S5S2S SO 17-117-2S 21 0000 0179S SHADYWOOD RD LOO PXLORAN LEROY 0 DELPHXE PXLGRAN BOX 01 NAVARRE HN 55S92 SO 17-117-2S 21 1021 01750 SHADYWOOD RO GRETCHEN S SHAW GRETCHEN S SHAW 1750 SHADYWOOD RD WAYZATA HN BBSOl SO 17-117-23 21 0022 01740 SHADYWOOD RD BAIL S BRXNER BAIL S BRXNER 1740 SHADYWOOD RO WAYZATA HN 55S91 SO 17-117-2S 21 002S 01770 SHADYWOOD RD SUE ANN HENDERSON SUE ANN HENDERSON 1770 SHADYWOOD RD WAYZATA HN 55S91 't M 17-U7-2S 21 ••24 •17S2 SHAOVWNNI RD ANTHONY L PATTIRSON IT AL A L t L S PATTERSON 1700 SHAOVHOOD RD WAYZATA HN 55S91 Sa 17-117-2S 21 0025 •1790 SHADYWOOD RD DONALD J URiAN DONALD J URBAN 1790 SHADYWOOD RD WAYZATA HN SSS91 SB 17-117-2S 21 ••2B •!•••SHADYWDOD RO OOU6LAS R SEABOLT DOUBLAS R SEABOLT !••• SHADYWOOD RD WAYZATA NN SBS91 *^1-.’’ h SB 17-117-2S 21 0027 •IBIO SHADYWOOD RO ROBERT C ALBRECHT ROBERT C ALBRECHT IBIB SHADYWOOD RD WAYZATA HN SSSTl SO 17-117-25 24 •••! •1B2S SHADYWOOD RO DIANE LEE RUUD DIANE LEE RUUD 1B25 SHADYWOOD RO WAYZATA NN 55541 li j: TOTAL BATCH BBS •••!! ,1? I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IHFORNATION AS IT APPEARS THIS DATE ON THE R Of THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWIEOOE AND BELIEF. DATE '‘Cr'•vi i- i'l > j \ m H Permit Ho. /3V ~?/J/ J3I\ S»I3 smi— 4141 94/70 /20lk I2:xn L„,..... PERMIT RECORD Date H~gs ^ 3-<4-7f 6-S'- to //'/t- Z6 y-ig</ 9-30-97 //- V<- / 7’g© Shu^uu-Xx 'J A T Type of Permit H douu ^ xet>/iiA /yf^cc~i innech. Du cCk 4^ CU^t^ COUNCIL MEETING Application Date: Completion Date: 60 Day Deadline: 1/24/2000 1/24/2000 3/24/2000 FEB 2 6 2000 CITYOFonONO REQUEST FOR COUNCIL ACTION DATE: 2/28/00 ITEM NO.: ^ Department Approval:Administrator Reviewed: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Agenda Section: Zoning Item Description:#2561 Frank and Barbara Peterson 1261 Arbor Street Variance Zoning District:RR-IB One Family Rural Residential District (2 Acre) Lot Area:14,000 s.f. (.32 acre) List of Exhibits: A Resolution B Notice of Planning Commission Action (2/23/2000) C Revised proposal to staff report of 2/23/2000 D Staff Report and Exhibits of 2/23/2000 Application: The applicants have applied for variances to permit the construction of a 672 s.f. detached garage on the northwest comer of the lot. The property currently does not have a garage servicing it. The garage will be accessed from Minnetonka Avenue. Minnetonka Avenue is not a heavily traveled street. The location of the garage is where parking space is currently located. The lot is shaped such that it does not allow for the garage doors to face away from the street. The propert)' lies within 1,000 feet of French Lake, however the amount of proposed hardcover does not exceed the allowed 35%. The requested variances are for: 1.Section 10,03, Subd. 13 : Garages: Accessory buildings which are for the storage of cars shall have the doors thirty feet or more from the property line when doors face on a public street. The proposed garage doors will be located 10' from the property line. This leaves approximately 20’ between the garage doors and the traveled paved roadway. ■'.m'. ‘V 2.Section 10.03, SuM. 14(C): Lot Coverage: All lots of 0-1.99 acre in area are limited to 15% lot coverage by structures. The existing house constitutes 1512 s.f. Allowed lot coverage is 15% of 14,000 s.f. or 2,100 s.f. leaving 588 s.f. available for a garage if the octagonal shed is removed. 2.Section 10.28, Subd. 5 (B): Side Street Yard Setback- The minimum requirement for side yard adjacent to street setback in RR-IB is 50 feet. To allow the detached garage to be located 10' from the side street lot line. 3.Section 10.61, Subd. 5(A): Garage stalk in *R* Dktricts may not be located in a required yard but may be as near as 10 ’ to a rear lot line. The proposed garage will be 5' from the rear lot line. PLANNING COMMISSION: The Ptanning Commission recommended by a 4 to 0 vote to: Approve the application as presented, except that lot coverage will be limited to 15.0%, requiring the garage to be sized no larger than 588 s.f., and the shed (the old Wayzata Beach “snack hut") must be removed. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 13 AND SECTION 10.28, SUBDIVISION 5 (B) AND SECTION 10.61, SUBDIVISION 5(A) FILE #2561 WHEREAS, Frank Peterson and Barbara Peterson (hereinafter "the applicants") are owners of the property located at 1261 Arbor Street within the City of Orono (hereinafter "City") and legally described as follows: Lots 1 and 2, Block 2, CRYSTAL BAY MINNETONKA, according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 23, 2000, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 13 to allow the doors of a detached garage to be located 10' from the lot line where 30' is required. Section 10.28, Subdivision 5(B) and Section 10.61, Subdivision 5(A) to allow the side yard adjacent to street setback to be 10' from the lot line where 50' is required, and Section 10.61, Subdivision 5(A) to allow a setback of 5' from rear lot line where 10' is normally required to permit construction of a two stall detached garage NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1.This application was reviewed as Zoning File #2561. Page 1 of 6 2. 3. 5. 6. The property is located in the RR-IB, Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of total area of 14,000 s.f. or .32 acres. The Planning Commission reviewed this application on February 23, 2000 and recommended approval on a vote of 4 to 0. 4.The Planning Commission made the following findings of fact: A.The residence was built prior to current zoning standards. B. C. D. E. The lot is unusually small and narrow for the RR-IB zoning district. The property is not currently served wUh a garage. The proposed garage location will allow the presentation of an existing mature maple tree in the rear yard. No hardship exists to justify lot coverage in excess of the 15% allowed by code. Allowed lot coverage is 2,100 s.f.; the existing house is 1512 s.f. leaving an allowance of 588 s.f. for accessory buildings. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 •J CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 13 to allow the doors of a detached garage to be located 10* from the lot line where 30' is required. Section 10.28, Subdivision 5 (B) and Section 10.61, Subdivision 5(A) to allow the side yard adjacent to street setback to be 10' from the lot line where 50' is required and Section 10.61, Subdivision 5(A) to allow a 5' rear lot line setback when 10' is normally required to permit construction of a 588 s.f. two-stall detached garage. Approval is subject to the following conditions: 1. 3. 4. 5. 6. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council Review. 2.The garage is limited to 588 s.f. in order to meet the 15% lot coverage limitation. The applicants shall remove the historical Wayzata Beach snack hut on the property within 90 days of receiving the building permit or prior to final inspection, whichever is earlier, so that the property will meet the 15% lot coverage limitation. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 28, 2001). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on this 28th day of Februaiy, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 28th day of February, 2000, by Gabriel Jabbour & Linda S. Vee, Mayor & 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 6 (* 1 L. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of., 200 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., 200 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and w'ho executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of6 CERTIFICATE OF SURVEY Prepared for*.FRANK PETERSON MINNETONKA AVENUE A I Oog •* I \ a \ N I bWgmincus 14^*00^'r- T I L-'‘- I \ 1 j. * ./ Sh«4'/ •^V 43.4- I X oo s •I .'l —*• I40.00‘”*“^1 \N\VO i4K3\^V^pr- 34.1 ^ Z-S-F LEGAL DESCRIPTION: 13 M C H Ui UJ QC Kf) ‘o:oo ■S'UJ COa: < Lots 1 and 2, Block 2, CRYSTAL BAY MINNETONKA, according to the recorded plat thereof, Hennepin County, Minnesota, AREA* 14,000 s^.rr ^4; _« HV-* A a >«.• / y 1^25'V-: \ GENERAL NOTES Denotes Iron monument • Page6 top of foundation elevation = Prooosed basement floor elevotlon - i vf e> CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2561 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 24,2000 TO: Frank and Barbara Peterson 1261 Arbor Street Crystal Bay, MN 55323 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: February 23, 2000 VOTE: 4 FOR AGAINST Planning Commission recommends the following: Approved as presented, except that lot coverage will be limited to 15.0%, requiring the garage tobe sized no larger than 588 s.f., and the shed (the old Wayzata Beach “snack hut ”) must be removed. NOTES AND SPECIAL CONDITIONS: Applicant’s next scheduled meeting is confirmed as: City Council February 28,2000, 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 tlie Planning Commission. TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Wendy Bottenberg, Assistant Zoning Administrator/Planner February 23,2000 SUBJECT:#2561 Frank/Barbara Peterson 1261 Arbor Street Variance-Public ’ learing After meeting with City staff, the applicant has revised the size of the proposed detached garage to 24' X 28' (672s.f.). The proposed garage would still be located on the northwest comer of the lot. The variance for accessory building setbacks has been eliminated. However, the application still needs three variances for: 1.Section 10.03, Subd. 13 - Garages 2.Section 10.03, Subd. 14 (C) - Lot Coverage 3.Section 10.28, Subd. S(B) - Side Street Yard Setback Structural Coverage: Total Lot Size Total Structural Coverage 14,000 s.f Allowed: 2,100 s.f Existing: 1,586 s.f Proposed: 2,184 s.f \5.U^o The proposed structural coverage is 84 s.f over the allowed amount. This calculation includes the removal of the Wayzata Beach snack hut. Hardcover Calculations: Distance from shoreline Total Area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1,000'14,000 s.f 4,900 s.f 2,211 s.f 3,241 s.f (Removal of snack hut) The property lies within 1,000 feet of French Lake, however the amount of proposed hardcover still does not exceed the allowed amount. •• » o TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator ,1 FROM:Wendy Bottenberg, Assistant Zoning Administrator/Planner Ii DATE:February 14,2000 SUBJECT:#2561 Frank and Barbara Peterson 1261 Arbor Street Variance - Public Hearing Zoning District:RR-IB One Family Rural Residential District (2 acre) Lot Area:14,000 s.f. (.32 acre) List of Exhibits A B C D E F G H Application Site Plan/Survey Views Hardcover Calculations Plat Map Location Map Property Owner ’s List Permit Record Pertinent Code Sections 1.Section 10.03, Subd. 9 (E) - Accessory Building Setbacks - Accessory structures in excess of 750 s.f. but not exceeding 1,000 s.f. shall be located at least 15' from any lot line. 2.Section 10.03, Subd. 13 - Garages - Accessory buildings which are for the storage of cars shall have the doors thirty feet or more from the property line when doors face on a public street. 3.Section 10.03, Subd. 14 (C) - Lot Coverage - In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. 4.Section 10.28, Subd. 5 (B) - Side Street Yard Setback - The minimum requirement for side yard adjacent to street setback in RR-IB is 50 feet. tt256l Frank/Barbara Peterson 1261 Arbor Street Variances 2/14/00 Page I r • ApplicatioD Summary: The applicants have applied for variances to permit the construction of a 28' X 32' (896 s.f.) detached garage on the northwest comer of the lot. The property currently does not have a garage servicing it. The garage will be accessed from Minnetonka Avenue. Minnetonka Avenue is not a heavily traveled street. The location of the garage is where parking space is currently located. The lot is shaped such that it does not allow for the garage doors to face away from the street. There are two other large detached garages in the neighborhood. (One is 28' X 24' and another is 26' x 35', which were built in 1980 and 1990). The property lies within 1,000 feet of French Lake, however the amount of proposed hardcover does not exceed the allowed 35%. The detached garage will increase the stmctural lot coverage from 1,531.36 s.f. (10.9%) to 2,427.36 s.f. (17.3%) where 2,100 s.f (15%) is allowed. Accessory structures greater than 750 s.f. but less than 1,000 s.f are required to be located 15' from the rear property line. The proposed garage will be located 5' from the rear property line. Accessory stmctures to be used for the storage of cars that have doors facing the street are required to be located 30' or more from the property line. The proposed garage doors will be located 10' from the property line. This leaves approximately 20' between the garage doors and the traveled paved roadway. The RR-IB zoning district requires a side street yard setback of 50 ’. The proposed garage will be 10' from the side street lot line. U2561 Frank'Barbara Peterson 1261 Spruce Street Variances 2/14/00 Page 2 ANALYSIS Lot Area: RR-IB Lot Area Side Yard Setback Required 87,120 s.f. (2 acres)30' Actual 14,000 s.f. (.32 acre)5’ Structural Coverage : Total Lot Size Total Structural Coverage 14,000 s.f.Allowed: 2,100 s.f. (15%) Existing: 1,531.36 s.f. (10.9%)11.32 Proposed: 2,427.36 s.f. (17.3%) Hardcover Calculations : Distance from shoreline Total area in setback Allowed hardcover Existing hardcover Proposed hardcover 500-1,000*14,000 s.f.4,900 s.f. (35%) 2,156.36 (15.4%) 3,372.36 s.f. (24.1%) Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Issues of Concern : 1.The property is not currently serviced by a garage. 2.There is a mature maple tree, approximately 50 years old, the applicants wish to keep, located just south of the proposed garage; the maple would be jeopardized by moving the garage further from the street. 3.The shed on the survey is a historical building, the former snack hut at Wayzata Beach, hence applicant prefers to not remove it. U2561 Frank/Barbara Peterson 1261 Arbor Street Variances 2/14/00 Pages r r' * 4.The lot is small for the RR-IB zone, but similar in size to many other lots in the neighborhood. 5.The residence was built prior to current zoning standards. 6.Other issues the Plaiming Commission may have. Options for Action: 1.Recommend approval of the variances to allow the detached garage of 896 s.f. to be constructed on the property as on the survey; OR 2.Move the garage 15' from the rear property line, eliminating one variance, and approve other variances to allow a de-'ached garage of 896 s.f. to be constructed on the property; OR 3.Advise applicant what other possible revisions will make the application approvable, and table the application. 4.Other. Staff Rccommcndarion; Review the applicant ’s stated hardships and determine whether justification exists to grant the requested variances. U256I Frank/Barbara Peterson 1261 Arbor Street Variances 2/14/2000 Page 4 Application # JU SLf | Date Received 11 2*^/ Amount Paid 3 00 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 1 2.(^1 4*^bo*^ StarJet. Property Identification Number fP.l.D.) IO-H~7~2-'3 - 3t ___________ Attach legal description to application if not included on required survey. Date Property Acquired_________________________(month/year) I (do not) also own the adjacent parcels of land. Present use of property: X residential ___other (specify) Zoning District: R R ~ 1 B______^ ^ c e.______________ APPLICANT Name Fr<3ry>c P Pe-he^-^om Address: 3t..CitN" Phone (home)(plZ>‘<4-7 S' ‘2^’lOKo Phone (work)(^lg.* 3C?^- _______________Zip: OWNER (if different than applicant) Name Phone (home) Phone (work)_ Address:Cin.-:Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: NecO dpF^cldgd _____________ • I * ■ N^ y 4- -O V ■ ••' " (attach additional sheets if necessary )' * ‘ - V S. VARIANCES REQUIRED Lot Area Lot Width ^ Setback:Front ^ Side/^^'^ Hardcover Rear Lot CoverageGQ Other (specify) Average Lakeshore^^x^^ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITION.S Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 'Ibc 'lu c cSJ o i . k I I . (tt I ( t V . Av\ *5Vt (attach additional sheets if necessary) i-Xc- Uu\ ! _ .a i r . REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1._ 2.A 3. 4.NA 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy BYi" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy SYi" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/j" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applic.'nt hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. --------------DateApplicant's Signature / OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purpose^jif investigation and verification of this request. Owner's Signature Date ‘h-zho Applicant must have all submittals into the Cit>‘ offices 25 days before the Planning Conunission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 1 L.. PERSPECTIVE M W •-.5' Vl^ ■' 'V*. 4>:-.'•/>. * . . ..r-r •1 .•T<| • / ^!lVjT> ^^. A V*'A<*. GARAGE CONSTRUCTION GUIDELINES it#m« should bo conoidorod whon plonnino ond locoting your goroyo. ^ Dotormino oiio of gorogo roquirod« 1, 2. or 3 cort. f Will ontror>€# to gorogo bo from oirool or from olloy. B.Contoct your locol uitlily compomoo 10 locoio undorgrouftd ulililioo (goo. wolor, oowor. loptic ^yotom otc.l C..Boforo otortmg conotruction of your gorogo conlocl VfMii Inrui I fi* I *,U>!•'^v B.Loyoul orul owiiomblo ¥voll on concroto olob. Noil through ploioo into ooch ornl ol ttud with two 16d noili. Squoro wollo orwf tomporonly noil 1h6 diogonolly to from#. Tilt up ooch oido or>d ornJ woll oo complotod ond broco oocuroly. Plumb wollo. oquoro building ornl opply top ploto. Lop top ploto ovor odjocent wiillt for good tio*in Noil loctiont togolhor or>d notch in 114 diogunol corner brocing if plywood •»v-*•!rr»"M»% Ml -».•••! fill im »ih«*wn WALL FRftllNC O.S. Stuiiti 120 - 2m4 Platiti Froft FounOatloni 120 L.F. 7 - 2« 11 - 2m .■«, ^ . •hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE) 0-75*75-250’250-500’ •D F.mSTlNG HABDCOVER IN ZOiNE A.House X :oo-iooo’ I3 l s.f. Lcafib Vidih B.Garage ' • C.Driveway D.Sidewalk E.Patlo/Dedc F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X S.F. S.F. S.F. . .*3 22 id G.Odier $4. >4 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^_ _ _ _ + B . 53^11 y>RQPQSED HARDCOVER IN ZONE A.House Lcogth Width X X X B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric G.Other ^ A cP4 I lO JL ■ 0 -X X X X X X X X X X 4'^ /(/ ♦S.F. • S.F. ").F. • S.F. _S.F. —T - ' ^S.F. S.F. S.F. S.F. S.F. is*^- 74 S.F. H CO- 'irrc-S.F.4, SS:% S.F. S.F. S.F. -------------------“S.F. S.F. S.F. S.F. i^n'' S.F. S.F. S.F. S.F. S.F. S.F. S.F. r 4 m 44 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AKEAIH ZONE ^ ^ =■44 ’^ S.F. ht-rrf‘ _S.F. -M?q 94.1-1.1^ to-117- J3~3t 1/!>— 140 140 ou>13 175 o U) 14 175 15 175 s s 19 140 g UO ° o 6 18 o 9 o in 1- . <0 S in S' (75) 17^ _ in g ; (70) 1 q14(6 o W O in 22) 10 187.i ----- ^ < S ■ U>' we;"4^^ (93) 8 ®"jr o o>- 7^40 o 140 ' (102)\ o - ID Z^l i£i—j (7^ O,/ 14 140 O 13)/14fe U'J; 140 1 (72) 140 MINNETONKA / 7E oO\/ 3 (42) -» ^ Son 14?o S^.%AY^ (43)■" 8 /IP/ 14BAYL! .6(99) 145 1^. 5(66) 16 0.2 K CO o W3ii2 ~s 168-35 1 1 ■" 160.l(g1) q I57.6g2) « o 11 S 2 ^ 10 14(to , 3 T4fe (38)""a/(33) ® i4<b ■' 4 14(S U> N-----r ----tf>A 9 (37)____L./ V rV!1 (34)'^'WTVlSS .1405 o in ”151.8BT?> g/ 148.3!P3 ) ^ ^*1 'Vf £5 Q 5 132.5^5) f 6 (35)14ir CRYSTAL AVE 90 91 o in 27 6 <0^' § 118.^.9!® o /o CO CO CM (18^S (16) S (”^(^3) (17) (97) / in (£> 72 50 90 PROSPECT AVE 175 175 CM in 1 212 199 KVI •7/ % . I . • i i' i b t o ci” f L '« * R /a 140 .*^,«»........so•' a oc" JS.a140 *:'(75'. * O 9 •;V70T V 17 8 Y 10 i*0p \ St ••■ “ '*®a^74) •*(71)* — 140 . li •(69)^'^ V • (M)191 ^ ^CT 140 J rSTAl'* LJ 11 '^Q r\*5Q) **V * '*0 -(V) « (38) « J. .3 1402.^33) a a 9 '«<>a (37)^ '■ <«) y »h_(f ISO o'*®-” 12 or (31) gD5TiTr oc crystal ave (22) •/ I5Y.6I * . a/ (23)(30) ^( 29) > w 140.qt( 24) ^ ^ISA a ?/ '«•» 3 , (26) « 127.J<: «/ ‘iU 6a . (^n IIA.9M8.9 106 rt »<ji> * Ul 90 (14)4 r»r»r» sr'a 808)S( 16)8 09)-07)< '^U '?90 91 «0 *2,’j(54)8 V ®(53)^ ^55)8 Its •V RUN DATE 01/18/00 BATCH 501 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR HENNEPIN COUNTY PROPERTY INPORHATION SYSTEH PROPERTY OWNERS LIST SS 10-117-23 31 0026 01200 ARDOR ST STEVEN R DENSON STEVEN R BENSON 1200 ARDOR ST WAYZATA HN 55301 38 10-117-23 31 0031 01250 ARBOR ST CARY F BURTON CARY R FARLEY 1250 ARBOR ST PO BOX 22 CRYSTAL BAY HN 55323 38 10-117-23 31 0030 01285 ARDOR ST C J ALBRECHT i J L ALBRECHT C J 8 J L ALBRECHT 1285 ARBOR ST WAYZATA HN 55301 38 10-117-23 31 012O0 BRIAR ST CLARK E ZUHBACH CLARK E ZUHBACH 1200 BRIAR ST WAYZATA HN 55301 0037 38 10-117-23 31 0071 01223 ARBOR ST J H K KENNEH i L S KENNEN JANICE 8 LEONARD KENNEN 1223 ARBOR ST WAYZATA HN 55301 38 10-117-23 31 0070 01220 BRIAR ST HAYBELL KOHLS HAYBELL KOHLS 1220 BRIAR ST WAYZATA HN 55301 m m _3!: ^ REPORT NO. P1035001 PAGE 0 38 10-117-23 31 0020 01270 ARBOR ST J E FULLERTON 8 A H J E FULLERTON 8 A H 1270 ARBOR ST WAYZATA HN 55391 HOLDZIO HOLDZIO 38 10-117-23 31 0030 01250 ARBOR ST CARY F BURTON CARY F FAKLEY 1250 ARBOR ST PO BOX 22 CRYSTAL DAY HN 55323 Zi 10-117-23 31 0032 01261 ARBOR ST FAB PETERSON F P PETERSON P 0 BOX 160 CRYSTAL DAY HN 55323 38 10-117-23 31 0033 01271 ARBOR ST JEFFREY E CUTSHALL JEFFREY E CUTSHALL 1271 ARBOR ST * OROHO HN 55391 3S .10-117-23 31 0035 01205 ARBOR ST A L HOPIfE ET AL H/L EST LINDA SHRADER 1205 ARBOR ST PO BOX 03 CRYSTAL BAY HN 38 10-117-23 31 003« 02160 CRYSTAL AVE N t J BLUE HARCUS J t JUDY A BLUE 2160 CRYSTAL AVE WAYZATA HN 55301 55323 38 10-117-23 31 0038 01270 BRIAR ST JOHN C RANGE JOHN C RANGE P 0 BOX 105 CRYSTAL BAY HN 55323 38 10-117-23 31 0030 01250 BRIAR ST LAURIE A PEARSON LAURIE A PEARSON 1250 BRIAR ST WAYZATA HN 55301 38 10-117-23 31 0072 01205 ARBOR ST JOHN H BOLDINGH KAREN E BJERKENG 1205 ARBOR ST WAYZATA HN 55301 38 18-117-23 31 0073 01205 ARBOR ST KAREN E BJERKENG KAREN E BJERKENG 1205 ARBOR ST WAYZATA HN 55301 i.1'^' 000038 10-117-23 31 01200 ARBOR ST L S KENNEN • J H KELLAR LEONARD S KENNEN JANICE H KENNEN 1223 ARBOR ST WAYZATA HN 55301 TOTAL BATCH 501 00017 ^■2.6 \ UoJCiox,■H PERMIT RECORD Permit No.Date Type of Permit Rl a-t^D \"\IAjCx ^ f^l Ai?hn 11*^0 (LCL ^OArJl'A .JQ5£i__._lZz6^.... 26Q:f.______ j^cae.___......’2iLQrr^Av<x ^22.?.___ ..._Sjr.s:). 'Skox _________________________ //;J/ HI. (o ji. '/ fr 7 '<?»7 -V b .ZL2^iS ____/I'P-o-^/S :> 7 h jt~?- </ir {l^ • % • . j>_ •t i 1 1 *" ' - COUNCIL MBETIM^ FEB 2 8 2000 CITY OF ORONO Census 2000 Proclamation WHEREAS, the City of Orono is committed to a full and accurate Census count; and WHEREAS, a full and accurate count will ensure a fair share of funds for programs benefitting Orono residents. THEREFORE, the City Council of the City of Orono does hereby proclaim Census 2000 as a top priority for all elected and appointed officials, and encourages the City to place an emphasis on partnering with the U.S. Census Bureau in achieving an accurate and complete count in Census 2000. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 28th day of February, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk COUNCIL MSETING FEB 2 6 2000 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: February 25, ITEM NO.: ^ III Department Approval: Name GregGappa Title Director of P.blic Services Administrator Reviewed: Item Description: Bid Award - Equipnient & Materials Bid 2 Agenda Section: City Administrator's Report III The City of Orono advertised for two successive weeks for street materials and equipment rental, with bid opening at 1:00 P.M. Friday, February 11, 2000. The enclosed tabulation contains a complete accounting of all bids. For comparison purposes I have also included a copy of the 1999 bid tabulation. ’ The accepted low bids for materials are determined by availability and location of materials. Traveling distance to a supplier is considered a cost factor when determining a low bid. When renting equipment with an operator, we are guided by the type, size of equipment, and an hourly rate. It is possible to award the low bid to more than one contractor when considering materials and equipment. In order to stimulate enthusiasm for the following year's work, we make sure to divide the work accordingly among these low bidders. In the event the low bidder is not available, the City reserves the right to purchase from the next alternate. COUNCIL ACTION REQUESTED: I recommend that the City Council accept the bids as presented for the calendar year 2000. i CITY OK ORONO 2000 BID TABULATIONS FOR STREET MATERIALS <& EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE Wm Mueller&Sons Barton Sand & Gravel Co. Midwest Asphalt Corp. SA-AG Inc. Buffalo Bituminous CLASS 5 GRAVEL TON PIT DEL. 3.40*6.75* CLASS 5 GRAVEL TON RECYCLED PIT DEL. 5.27 7.95* 5.35 8.75 FA-2 CLASS C (SEAL COAT) TON PIT DEL. FA-I (WINTER SAND) TON PIT DEL. 2.02*5.36* ♦Denotes low bid I CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATEIUALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RaTE I 1/2" CLEAN CRUSHED LIMESTONE TON PIT DEL. I 1/2" MINUS CRUSHED LIMESTONE TON PIT DEL. 3/4" CLEAN CRUSHED LIMESTONE TON PIT DEL. 3/4" N CRUSHED I T( PIT 1INUS 1 JMESTONE 1 )N DEL. 8.55 12.50 5.60*9.55*8.55 12.50*5.60*9.55* Wm Mueller & Sons 7.42*12.02*5.80 10.40 7.99*12.59 5.80 10.40 -- MC 30, 70. 250, 800 . GALLON PLANT DEL. & PLACED CRS- 1 & 2 GALLON PLANT DEL. & PLACED RC 250-800 GALLON PLANT DEL. & PLACED Wm Mueller & Sons 2.10* Midwest Asphalt 4.00* ♦Denotes low bid CITY OF ORONO 1 Commercial Asphalt Wm Mueller & Sons Midwest Asphalt BufTalo Bituminous ♦Denotes low bid PLANT 25.56 23.45 26.00 22.50* 2331 AC TON DELIVERED 28.00 27.50 26.25* PLACED 31.50 27.70* 30.75 PLANT 2331 MC TON DELIVERED PLACED Wm Mueller & Sons PLANT___ 23.45 2341 AC TON DELIVERED 28.00 PLACED 31.50 PLANT 2341 MC TON DELIVERED 1 PLACED vV III IVIUVlIWl Xifi/Ui/pct Acnhiilf 26.00 27.50 27.95* 25.56 nnffaln Difiiminous 23.00*26.75*31.25 1 UUllcULI UllUlllllivFUJ - / CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY R..TE MOD. FINE MIX 2341 AC TON MOD. FINE MIX 2341 MC TON 50-50 2341 AC/MC TON PLANT DEL.PLACED PLANT DEL. PLACED PLANT DEL.PLACED Wm Mueller & Sons 24.45 29.00 32.50 Midwest Asphalt 26.00 27.50*28.90* Commercial Asphalt 26.63 Buffalo Bituminous 24.00*27.75 32.25 t'i *Denotes low bid CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & R^TAL all quantities are bid in tons - EQUIPMENT IS BID PER HOURLY RATE ♦Denotes low bid - 4 ft CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE *Denotes low bid -- - TRUCK RENTAL i TRUCK RENTAL TRUCK RENTAL TRUC K RENTAL | PER HOUR PER HOUR PER HOUR PER HOUR 1 CY RATE CY RATE CY RATE CY RATE Schoening Excavating 12 44.00*f 1 \ • CITY OF ORONO 2000 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE ♦Denotes low bid CITY OF ORONO 1999 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE Wm Mueller & Sons Barton Sand & Gravel Co. Midwest Asphalt Corp. SA-AG Inc. Buffalo Bituminous CLASS 5 GRAVEL TON PIT DEL. 3.56 3.15* 7.96 6.76* 7.50 CLASS 5 GRAVEL TON RECYCLED PIT DEL. 4.28* 4.85 5.27 5.75 8.68 7.60* 7.95 10.75 FA-2 CLASS C (SEAL COAT) TON PIT DEL. 8.04*12.44 FA-1 (WINTER SAND) TON PIT DEL. it 1 2.13* 3.6V 1.92* 7.40 5.21* »2.13 Elk River *3.67 Maple Grove *Denotes low bid 1 CITY OF ORONO 1999 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE 1 1/2" CLEAN CRUSHED LIMESTONE TON PIT DEL. 1 1/2* MINUS CRUSHED LIMESTONE TON PIT DEL. 3/4* CLEAN CRUSHED LIMESTONE TON PIT DEL. 3/4* MINUS CRUSHED LIMESTONE TON PIT DEL. Bryan Rock Products 5.80* 9.60* 5.25* 9.05*7.30*11.10*5.25*9.05* Wm Mueller & Sons 6.87 11.27 5.38 9.78 7.40 11.80 5.38 9.78 __________________ MC 30, 70, 250, 800 GALLON PLANT DEL. & PLACED CRS- 1 & 2 GALLON PLANT DEL. & PLACED 1 RC 250-800 GALLON PLANT DEL. A PLACED Wm Mueller & Sons 2.00*• Midwest Asphalt 4.00 Buffalo Bituminous 1.00*2.00* Denotes low bid CITY OF ORONO 1999 BID TABUT.ATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES AltE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE *Denotes low bid PLANT 2331 AC TON DELIVERED PLACED PLANT 2331 MC TON DEUVERED PLACED Commercial Asphalt 22.90 Wm Mueller & Sons 21.32 26.00 29.50 Midwest Asphalt 25.00 26.45 26.45* Buffalo Bituminous 19.50*23.50*27.50 • • PLANT 2341 AC ’ TON DELIVERED PLACED PLANT 2341 MC TON DEUVERED PLACED Wm Mueller & Sons 21.32 26.00 29.50 Midwest Asphalt 25.00 26.45 26.45* Commercial Asphalt 22.90 Buffalo Bituminous 19.80*23.80*27.80 CITY OF ORONO 1999 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE MOD. FINE MIX 2341 AC TON PLANT DEL.PLACED MOD. FINE MIX 2341 MC TON PLANT DEL. PLACED 50-50 2341 AC/MC TON 1 PLANT DEL. PIJ^CED Wm Mueller & Sons 22.20 26.90 30.40 Midwest Asphalt 26.00 27.90 27.90* Commercial Asphalt 23.95 Buffalo Bituminous 20.60*24.60*28.60 1___ *Denotes low bid ' i 2 CITY OF ORONO 1999 BID TABULATIONS FOR STREET MATERULS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE ALL PRICES TO BE DELIVERED Johnston Fargo All Steel Products ♦Denotes low bid ___ 12" APRON 44.00 38.00* 15" APRON 54.00 48.00* 18" APRON 70.00 63.00* 24" APRON 106.00 94.00* 36" APRON 310.00 260.00* 48" APRON 836.00 670.00* 60" APRON 1460.00 1150.00* ALL PRICES TO BE DELIVERED Johnston Fargo All Steel Products 12" BAND 9.00 8.30* 15" BAND 10.00* 11.30 18" BAND 12.00* 13.50 24" BAND 17.00* 22.00 36" BAND 32.00* 45.00 48" BAND 60.00* 85.00 60" BAND 90.00* 170.00 1 —. CITY OF ORONO 1999 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE n TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE 1 Schoening Excavating 12*42.00* *Denotes low bid CITY OF ORONO 1999 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE *Denotes low bid BACKHOE PER HOUR CY RATE BACKHOE PER HOUR CY RATE BAG PER CY KHOE HOUR RATE Schoening Excavating 3/4*60.00*1*75.00* i 1 COUNCIL MEETING FEB 28 2000REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: February 28, 2000 ITEM NO.: / D Department Approval: Name Gregory A. Gappa TUIc Director of Public Services Administrator Reviewed: >5' Agenda Section: Engineer's Report Item Description: Request for Payment #4 Orono Orchards Sanitary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #4, Orono Orchards Sanitary Sewer Project to Widmer Inc. in the amount of $19,902.50 1/1 Boncstroo Rosene Anderlik & Associjites Ir^tnccf 14 A/cnite<ti Owner City of Orono 2750 Kelly Plow. PO Box 219, Crystal Bav MN. 55323-0066 Date February 17, 2000 For Period; 11/17/99 to 2/17/00 Request No Contractor: Widmer Inc 4250 Creekview Circle PO Box 219.. St Bonifacius MN, 55375 REQUEST FOR PAYMENT ORONO ORCHARD SANITARY SEWER BRA FILE NO 139-98-101 CLIENT PROJECT NO CLIENT CONTRACT NO. SUMMARY 1 2 3 4 5 6 7 8 9 10 11 12 C •‘qinal Contract Amount Change Order • Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal Less Amount Paid Previously Liquidated damages - AMOUNT DUE THIS REQUEST FOR PAYMENT NO. S 50.678.50 $0.00 $ s $ s $ s $ s 424.713.50 475.392.00 389.238.30 0.00 389.238.30 19,461.92 369.776.38 349.873.88 0.00 19902.50 Recommended for Approval by; BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. Approved by Owner CITY OF ORONO Specified Contract Completion Date October 15.1999 Date; No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 23 29 30 31 32 33 34 35 36 38 39 43 8 8 8 8 8 8 Item Part 1 • Sanitary Sewer 8" PVC sanitary sewer. SDR 35.0‘-8’ deep PVC sanitary se'//er. SDR 35. 8’-10’ deep PVC sanitary sewer. SDR 35.10’-12‘ deep PVC sanitary sewer. SDR 35.12'-14’ deep PVC sanitary sewer, SDR 35,14‘-16' deep DIP, 8'-10' deep in place DIP. 10‘-12‘ deep in place 4' diameter sanitary MH, 8' deep, inci R-1642-B cstg MH depth greater than 8' deep Outside drcp Directional bore 8" HDPE SDR 11 Directional bore 4 “ HOPE SDR 11 service pipe 8" X 4" PVC or HDPE compatible service wye branch 4" PVC service pipe in place, SDR 26 4-PVC, SDR 26 riser pipe Improved pipe foundation in 6" increment depth Mechanical trench compaction Insulation Closed circuit TV inspection Submersible pump lift station Connect to existing force main as per MCES detail Total Part 1 - Sanitary Sewer Part 2 • Restoration Remove bituminous pavement Common excavation (EV) Aggregate base. Class 5,100% crushed Type 31 bituminous base course Type 41A bituminous wearing course Geotextile Filter Bituminous material for tack coat Bituminous street patching Clear and Grub Bituminous dnvev/ay restoration Concrete driveway restoration Sodding, inci 4" topsoil Seed with topsoil, mulch and fertilizer Erosion control fence Furnish and plant evergreen tree (blue spruce) 6' high Furnish and plant shade tree (Sugar Maple) 4** diameter Remove and transplant bushes Remove and transplant tree • Desiduous Remove and transplant tree • Coniferous Total Part 2 • Restoraton Change Order Number 1 1 2 3 4 5 6 7 8 9 10 Change Order No. 1 8 ’ PVC sanitary sewer. SDR 35.0'-8‘ deep 8* PVC sanitary sewer. SDR 35. 8’-10* deep 8“ PVC sanitary sewer, SDR 35.10'*12' deep 8 " PVC sanitary sewer. SDR 35.12‘- '4' deep 4 ’ diameter sanitary MH. 8’ deep, inci R-1642-B cstg MH depth greater than 8' deep 8" X 4 ’ PVC or HDPE compatible senrice wye branch 4 " PVC service pipe in place, SDR 26 Improved pipe foundation in 6** increment depth Mechanics! trench compaction Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 480 36.00 522 $18,792 00 lf 150 36.00 150 S5.400 00 LF 160 36.00 160 $5,760.00 LF 30 36.00 25 S900.00 LF 310 36.00 297 $10,692 00 LF 60 46.00 35 $1,610.00 LF 20 46.00 $0.00 EA 15 1500.00 14 $21,000.00 LF 69 100.00 58.4 $5,840.00 LF 11.9 150 00 11.9 $1,785.00 LF 2550 47.00 2483 $116,701.00 . LF 560 28 00 667 $18,676.00 EA 23 7500 22 $1,650.00 LF 450 800 360 $2,880.00 LF 100 8.00 $0.00 LF 1200 2.00 2581 $5,162.00 lf 1710 025 1439 $35975 SY 100 10.00 $0.00 LF 3760 0.50 3630 $1.81500 LS 1 72000.00 1 $72.000 00 LS 1 10000.00 1 $10.000 00 $301,022.75 SY CY TN TN TN SY GAL SY LS SY SF SY AC LF EA EA EA EA LF LF LF LF EA LF EA LF LF LF 4000 550 1100 170 130 1450 100 2400 1 500 100 13000 0.2 2000 0.75 7.50 10.00 30.00 31.00 1.00 0.01 9.50 5000 00 10.50 8.00 3.00 7500.00 2.00 1803 550 500 141.1 112.1 1450 25 1126 1 244 0.1 40 450.00 5 10 25 5 500.00 50.00 250.00 250 00 7 4 2 1 230 120 135 15 36 00 36 00 36 00 36 00 150 186 145 4 6 1500 00 100 00 4 42 3 60 200 500 75.00 8.00 2.00 025 $1,352.25 $4,125.00 $5,000.00 $4,233.00 $3,475.10 $1,450.00 $0.25 $10,697.00 $5,000.00 $2,562.00 $0 00 $0.00 $750.00 $80.00 $3,150.00 $2,000.00 $0.00 $500.00 $250.00 $44,624.60 $5,400.00 $6,696.00 $5.22000 $0 00 $6.000 00 $420 00 481 $0.00 $0.00 $0.00 $120 25 Item 11 Closed circuit TV inspection 12 Connect to existing manhole 13 Remove bituminous ^ ement 14 Common excavation (EV) 15 Aggregate base. Class 5,100% crushed 16 Type 31 bituminous base course 17 Type 41 A bituminous wearing course 18 Geotextite Filter 19 Bituminous material for tack coat 20 Bituminous driveway restoration 21 Sodding, ind 4” topsoil 22 Erosion control fence Total Change Order No. 1 Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 500 0.50 456 $228.00 EA 1 1500.00 1 $1,500.00 SY 950 0.75 931 $698.25 CY 400 7.50 300 $2,250.00 TN 650 10.00 393 3 $3,933.00 TN 120 30 00 142.7 $4,281.00 TN 90 31.00 1982 $6,144.20 SY 1050 1.00 700 $700.00 GAL 100 0.01 25 $0.25 SY 90 10.50 $0.00 SY 1300 3.00 $0.00 LF 300 2.00 $0.00 $43,590.95 Total Part 1 • Sanitary Sewer Total Part 2 • Restoration Total Change Order No. 1 $301,022.75 $44,624.60 $43,590.95 PROJECT PAYMENT STATUS OWNER CITY OF ORONO CLIENT PROJECT NO BRA FILE NO. 139-98-101 CONTRACTOR WIDMER INC CHANGE ORDERS PAYMENT SUMMARY Material on Hand 1 6/17/99 Provide sewer service to the Hamm property < >0.678.50 Total Change Ort-'ers $50.678 50 1 07/01/99 08/04/99 217.147.91 11.428 84 228.576.75 2 08/05/99 10/05/99 56.155.69 14.384.40 287.688 00 3 10/06/99 11/16/99 76.57028 18.414.42 368.288.30 4 11/17/99 02/17/00 19.902 50 19.461.92 389.238.30 Total Payment to Date $369.776 38 Original Contract $424,713.50 Retainage Pay No.4 19.46192 Change Orders $50,678.50 Total Amount Earned $389,238.30 Revised Contract $475,392.00 COUNCIL MEETING REQUEST FOR COUNCIL ACTION 2 6 2000 CITY OF ORONO DATE: February 28, 2 • II ITEM NO.II Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer ’s Report Item Description: Schedule Public Hearing for Navarre Playground DNR Grant The Park Conunission is preparing an application for a DNR grant for the Navarre Playground Improvements. A Public Hearing by the City Council is required as part of the grant application. We are recommending scheduling this hearing at the regularly scheduled Council meeting on March 27"*. The deadline for this grant application is March 31”, so a resolution approving the grant application will need to be iipproved by the Council after the Public Hearing is held. We are recommending approval of the motion scheduling the hearing, so we can publish the Public Hearing notice. COUNCIL ACTION REQUESTED: Motion to schedule a Public Hearing on the DNR Grant for Navarre Playground Improvements for 7:00 p.m. on March 27, 2000 COUNCIL MEETING FEB 2 8 2000 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: February 25,2000 ITEM NO.12^ Department Approval:Administrator Reviewed:ll«lName Michael P. Gaffron ic Title Senior Planning Coordinator Agenda Section: Zoning Item Description: 2000 Marina License - Wayzata Marine, 3324 North Shore Drive Summary of Request: Gary E. Bri';gs, President of Wayzata Marine, is acquiring Lakeside Ma.ina. Wayzata Marine currently operat.s a retail store/service facility on Highway 12 in Wayzata which will be closing, and those functions will be moved to the Lakeside location. Mr. Briggs is requesting approval of a 2000 Commercial Marina License to operate his business at this site. Wayzata Marine will continue many facets of Lakeside’s past operation including rental of in-water boat slips; sales of boats, motors, trailers and marine accessories; repair and servicing of boats; on land boat storage both summer and winter; and marine fuel sales. The head pumpout facility will continue in operation as an allowed accessory use. None of the uses defined by code as Conditional Uses are proposed. The closing for Briggs’ purchase of this property is scheduled for March 15,2000, hence staff agreed to place this item on the Council's February 28 agenda to allow applicant ample time to resolve any issues that may arise. While this license is for a new owner, the business operation at the site will continue essentially as a full-service marina as it has for many years. List of Exhibits A - Wayzata Marine 2000 License Application & Letter of Request B - Submitted Summer Parking Plan C - Submitted Winter Storage Plan D - Certificate of Insurance E - 1999 LMCD License and Dock Layout License Review This site is located in the B-2 Lakeshore Business District in which marine operation is the intended permitted use. A marina has operated at this site for more than three decades. The proposed use is not changing at this time, none of the proposed uses requires a CUP, and no physical changes to the site are proposed at this time, hence no specific zoning application is required in order to issue the applicant a license. Municipal Code Section 5.43, Subd. 4 allows Council to hold a public hearing on a marina license if Council deems it appropriate, but a hearing is not mandatory unless the applicant requests one in the case of a revocation or denial. Staff feels there is no need for a public hearing on this application. •I .• Wayzata Marine - 2000 License February 25,2000 Page 2 Section 5.43, Subd. 5 requires that the applicant for a License provide a Certificate of Insurance (see Exhibit D); that the primary business operator on the site be the license holder (applicant plans to operate this business and has indicated no other business occupants of the property); and that the licensee shall adhere to the following Minimum Operation Standards: 1.Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 2.Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 3.Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4.The site shall be kept neat and orderly, and free of garbage. 5.On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. 6.Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. 7.Lights shall be shielded from the road, the lake, and adjacent properties. The applicant is aware of these conditions and has indicated he will have no problem complying with them. Fuel Sales It should be noted that Lakeside removed its old nonconforming underground gasoline tanks and had intended to replace them with an aboveground system during 1999. Specifically pursuant to L ikeside’s intent, and in a spirit of cooperation with the Marinas as well as an acknowledgment that State and Federal regulations now strictly govern the design and use of aboveground storage so that the risks of fire and/or spills are minimized; the Council in April 1999 amended the fuel storage ordinances to allow aboveground tanks in the B-2 Zoning District. Lakeside never did proceed with installation of a fuel tank. Locating an aboveground tank on the site may result in the need for setback or hardcover variances, which we would expect to be one of the new owner’s first requests. .ir*'mi-“ Wayzata Marine - 2000 License February 25,2000 Page 3 Permitted Uses The applicant proposes to operate each of the principal permitted uses identified in the zoning code (except bait and fishing tackle sales) as follows: A.Rental of in water boat slips. LMCD has historically licensed this site for 77 in water slips. Applicant proposes to rent 70 slips, use 5 slips for company boats, and use 2 slips for “other” (typically for service needs). B.Sales of boats, motors, trailers and marine accessories. This activity is similar to that operated by Lakeside Marina for many years. The main marina building contains a suitable showroom for this use. C.Boat repair and servicing. Again, this is a use operated on the site in the past, and the main building has a suitable wing for service. The Fire Marshal met with Lakeside owner Jim Dunn during 1999 to resolve a number of Fire Code issues related to service areas, outside storage locations, and fueling. We would expect to follow up on this with the new owner in 2000. D.On-land boat storage, winter and summer. Orono’s 5 marinas have provided substantial amounts of winter boat storage near the lake for many years. Summer boat storage numbers are generally significantly reduced due to the parking needs of slip and retail customers. Applicant has submitted the winter storage and summer parking plans previously accepted for Lakeside ’s operation (see Exhibits B & C). The winter storage number proposed by applicant (135) is slightly reduced from the 150-plus boats stored by Lakeside in some prior years. The summer parking plan appears to meet the needs established by code, providing 96 potential spaces where the code calculation would require 95. E.Marine fuel sales. (Discussed above). Unresolved Lakeside Issues/Concerns for Discussion 1.Lakeside Marina was required 2 years ago to install a fence along its easterly border. This fence was substantially completed, although gaps were left to accommodate existing trees along the lot line. The need for the fence was generated by Robert Waade ’s residential construction next door. Mr. Waade requested during 1999 that the fence be finished to avoid trespass - this may still be an open issue. 2.Waade also expressed concern that the boats were parked right up to the fence, making it easv for boatowners to dump debris over the fence, etc. Our goal would be to have boats Wayzata Marine - 2000 License February 25,2000 Page 4 parked 5' back from the fence to avoid any problems. Note that Lakeside had operated for many years with only a 5' landscape area along the east boundary where 12' would normally be required. The City had chosen to not pursue this during the many years that the site next door was vacant. The fence now provides a measure of buffering to the adjacent residential property; addition of vegetative screening would provide an added benefit to the neighbor. 3.Lakeside had since ca.l996 operated a number of the defined Conditional Uses absent a CUP. This has been an ongoing point of contention between Lakeside and the City, and the new owner ’s intent to not operate any of the Conditional Uses will alleviate this problem. 4.Marina parking “overflow ” onto the DNR landing has been an occasional problem, and the new owner is advised that use of the DNR landing to satisfy business operations will not be allowed. Staff Recommendation Staff recommends approval of a 2000 Commercial Marina License to Wayzata Marine for operation of a marina at 3324 North Shore Drive, subject to compliance with the 7 ‘Operation Standards’. COUNCIL ACTION REQUESTED Motion to approve the issuance a 2000 Commercial Marina Licenses to Wayzata Marine. £i J UiY OK ORONO 9 6122494616 02/09/00 14:43 Cjl :03/23 NO: 134 Lktiiie \w 2000 CITY OF ORONO P.O. Box 66, Ciyatftl Bay, Minnesota 55323 Phone 612-249*4600 Date application sent to Marina 1/27/00 Date application returned to City Febr. ii, 2000 ANNUAL COMMERCIAI. MARINA UCENSE APPLICATION . Pursuant to Orono Municipal Code Section 5.43. Subdivision 2 - f jtequirgrf ft is unlawful for any penwns to engage or participate in business u.s4* without first having obtained a license therefor from tnc City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 29 OF THE LICENSE YEAR. BUSINESS I!kl A.*] 1.BUSINESS OR TRADE NAME Wayzata Marine ____________ Street Address------nr.. Omnn^ 55391 Mailing Address 6150 Baker Road. Minnetonka MN, 55348 (55345) Marina Phone .Currently; 471-9606Qffice Phone 612-930-9700 ■—----------------—_________________________________ AFTER 2/27/00: 952-930-9700 2.OWNERSHIP/OPERATION Fee Owner (if different than above) Gary E. BRIGGS Address_6150 Baker Road, Minnetonka. MN 55345 Phono 930-9700 After 2/27/00; 952-930-9700 3.BUSINESS ORGANIZATION: (Check ^licable item) — X individual ownership ____ partnership corporation List the name of each partner or corporate officer and their title: Gary E Briaas. Pres. David J. Briggs, V.P Name of the marina manager responsible for daily operation: __£SLCy.>.B.rJ.qqs and David Briaas ___________ Page I of 6 UIT 0»> OKONO 9 6122494616 4. 6. 02/09/00 14:43 0*:04/23 N0:134 List Ute minimum number of employees on duty when the marinu is open to the public during the boating season: ..1_ *lock attendants _g__ repair or service personnel others available for sales/public information, etc. List every short or long term business occupant of the property other than the Busines.<< noted above: None PRINCIPAL BUSINESS ACTIVITY (Check all PrlneiPBl Uses X in-water slip rental sales of boats/motors/trailcrs/# marine accessories boot repair and servicing services offered): Accasaorv Uses X head pumpout ____ fishing toutnarnem site ____ sale of pre-packaged fo X_ on-land boat storage _JL winter jl summer X marine fuel sales ___ sale of bait and fishing tackle ____ dive shop ____ clubhouse (for slip or Conditional Ua«i ^Conditional Use Permit is ____boat club ____public boat launching, on*demand public boat launching, tran.sient ____charter boat port-of*cali ____caretaker dwelling unit boat club customers) lessons/teaebing boat rental sailboard sales/renta) ____iceboat sales/rcntal icc fishing tackle sales _ cross-country ski sale/renial 5.BUSINESS SCHEDULE (Check appropriate items): X_ open all year open during boating season only List proposed hours of operation: dock access 6;00 aM to 10;00 PM retail sales & service 9:00 AM to 6:00 PM MARINA SECURITY is provided by: Not yet contracted________ CARETAKER living on site?No Page 2 of 6 I vif I till Ur OKUNU 'a' 01^4^4616 02/0V/00 14:43 O:03/23 N0:134 SUPS AND BOAT UNITS List the maximum number of boau in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft mus*. be indicated and numbered on the dock and site plan submitted with this application. 7. 8. BOATS STORED IN THE WATER (for lake use) a.At dock slips Total Boots in Water Company Owned RemaJ Renul Slips/ Other Boats Spaces BOATS STORED ON LAND FOR LAKE USE a.Inside Buildings b.Outside on Racks ____ c.Outside - other means 5 Total Boats Stored on Land for Lake Use 5 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8)XO 10.OTHER BOATS ON PREMISES (SUMMER) a.Transient boats (repaif/service) b.New boats for sale (inventory) c.Used boats for sale (inventory) d.Other (list:__________ ) Total 11.OrilER BOATS ON PREMISES (WINTER) a.Transient boats (repair/serviee) b.Contract storage (customer's boats) c.Inventory (new & used boats) d.Other (list:________________j Total Total Boao 77 77 Iniidg Building Outside Buildina Inside Building JiL_, -35_ 125 Total Outside P^ildi^g 10 -I1& Total Page 3 of 6 L CilT Uh OKUNO @ 61^24V4616 02/09/00 H:A3 O :06/23 NO;134 OFF-STREET FARKINC REQUIREMENTS 12.SUMMER PARKING A.Retail soles/servicc customers 8 spaces minimum (+1 per each 800 s.f. over 1,000 s.f.) Boating customers 6 spaces per 10 boots for lake use [.6 x 91 (line 9)) - Launching ramp customers (day use) 10 spaces minimum per ramp " Charter boat poit-of-call 1 space por each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] ~ Totd spaces required (add a» b. c, & d) Total spaces available per attached parking plan b. c. d. 21 spaces 49 spaces _ space.s spaces 7Q spaces spaces 13.WINTER PARKING REQUIRED a.0.20 X (line 12e)14 spoces CK CONSTRUCTION 14.CHECK ALL THAT /VPPLY: X Permanent _____ Seasonal ___ Concrete ........ Metal Flotation Method (if used): ____ Foam Pilings: X Wood Decking: __ Wood De-icing normally used Metal __ Other Other Barrels OtherFlastic Floats Page 4 of 6 LICENSE STANDARDS ADVISORY Businesses required to be licensed under Section 5.43 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: Insurance Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. A. B. C. Licenseholder. The primaiy business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: 1)Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. The site shall be kepi neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and nn-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except that when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. License Revocation. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. Page 5 of 6 "I.' UIT U^ UKUNU 02/09/00 14:43 O':08/23 NO;134 ATTACHMEN^":. 11)0 Ibliuwing must accompany this application: 1.CERTIFICAl n 01- SURVEY/SITE PLAN/PARKING PLAN indicating the b*mndaries of the marina property and the authorized dock use urea, the location of ail structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing wd landscaping features. The drawing .shall be updated each year to show all existing facilities, all changes from the previous season, and uny changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2.CERTIFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license period. 3.Copy of your LMCD LICENSE APPLICATION. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current Cit fee schedule.'' Initial Application @ S300.00 Renewal Application @ S200.00 Late Fee (if not postmarked by February 29) $100.00 TOTAL DUE THIS APPLICATION ^-ZQQ,. QQ. $ S 200.00 REVIEW PROCEDURE When u complete application is received, the City Council will review the license application and will UiereaRer pass upon the application per the licensing procedures of Chapter 5. B^THK rn V public use ONLY UPON APPROVAl CF TITF l iri.^XF Pursuant to Section 5.43 of the Orono Municipal Code, the applicant hereby requests the Orono Oiy Council to review this Marina License application, and agrees and authoiizcs the City of Orono and Ac City's designat^ employees or ugents to enter upon Ac marina property at any reasonable time to perform safety and code compliance inspections. AuAorized Signature Title Date 2/11/0 0 Own Relationship to Owner Same Page 6 of 6 February 9, 2000 Mr. Michael P. Gaffron Senior Planning Coordinator City of Orono 2750 Kelley Parkway, P.O. Box 66 Orono, MN 55323 Dear Mr. Gaffron, ., -. -I i,..., I would like to confirm that I have signed a purchase agreement to acquire the property at Lakeside Marina in Orono. The closing date is set for March 15, 2000. On April 30, Wayzata Marine will close its store on Highway 12 and will move that retail and service facility to the Marina. The Chaparral Boats product line will be displayed in the new showroom at the Marina. . Wayzata Marine has a second store at Baker Road and the Crosstown Highway in the City of Minnetonka. We will continue to offer Chris Craft Boats and Tiara Yachts at that showroom. As a routine matter, the financing for this project calls for receipt of a letter from the City of Orono uconfirming material compliance with the terms of any agreement with the city." The lender also requires us to show that the property is properly zoned for its use as a marina and that Orono is not located in a designated flood plain. We fall under Section 10.41 of the city code defined as a «Marina Business." We are asking for issuance of the license rt:quired in Subd. 3 of the municipal code. The permitted uses listed in Subd. 5 that we are asking for are: A.Rental of in water boat slips B.Sales of boats, motors. trailers. and marine accessories C.Repair and servicing of boats D.On-land storage of boats, winter and summer E.Marine fuel sales UnderSubd.6 8.Boat head pumpouU sa nitary boat waste dumping facility. We are a well-established retail organization in the City of Wayzata. We have enjoyed an excellent working relationship with the City since 1967. We are starting our fifth year at our Minnetonka Marine location in Minnetonka. Our relationship with that City is very cordial also. look forward to working with you and the City of Orono and thank the City in advance for welcoming us. Sincerely. A.41YJL 6 Gary E. Briggs (612)930-9700 • -• ) I • \•I • -•rn • • • \ .... "I t I I .,,· \ I•• ' ------- - ---• • • -.10.00 -·. ••• --------------------Jts s1• sz·oo··E �... ' ..r ' ' . ·-' .. . . I - .. . . . . . . . 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Il•• ...D ..J 00 I••• • • • • ••• •• I ,JI -- :::::i ...; I I ' .. \�-�-o . : . _1' 1·1 .. • ., \ (• (I •' ' I I jjOMMocmiJ JOHN DEERE INSURANCE 50048SIM 07 90 X0790Z01 ! .OhN DEERE insurance COMPANY 34C0ect^ Sl'eei Woiirg liiinois6'26S'58e6 CERTIFICATE OF INSURANCE This Certificate of Insurance is subject to all of the provisions, terms and conditions, including endorsements of any policies described herein and neither affirmatively nor negatively amends, extends or alters the coverages afforded by such policies. The following described policies In the name of: Named Insured and Address WAYZATA MARINE INC 16602 WAYZATA BLVD WAYZATA, MN 55391 have been Issued by the company with respect to the coverages, and limits of liability Indicated by specific entry herein. TYPE OF COVERAGE POLICY PERIOD POLICY NUMBER LIMITS General Liability 2^Commercial General Liability Claims Made X Occurrence Owner’s & Contractor’s Prot. E«. 10-31-99 Exp, 10-31-00 JDI 0162381 General Aggregate $NONE Products-Comp/Ops Aggregatu $NONE Personal & Advertising Injury S 500,000 Each Occurrence $500 000 Fire Damage (Any one f.re)$100,000 Medical Expense (Any one person) 5 ^ qqq Automobile Liability Any Auto __All Owned Autos __Scheduled Autos _ Hired Autos _Non*Owned Autos __Garage Liability Etf. Exp. Etf. Exp. Business Auto • Combined Single Limit Per Accident $ Garage Operations Auto Only Per Accident S Garage Operations Other Than Auto Only Per Accident 3 Garage Operations Other Than Auto Only Aggregate $ Excess Liability X Umbrella Form Other Than Umbrella E»f.10-31-99 E*o.10-31-00 JDI 0162381 Each Occurrence $2,000,000 General Aggregate S NONE PrcxJucts-Comp/Ops Aggregate S NONE Workers’ Compensation and Employers’ Liability Eft 10-31-99 Exp 10-31-00 WC 0162381 Statutory Limits ^ Eacn Accident ^100,000 Disease • Policy Limit S 500,000 Disease • Each Employee S 100,000 Other EH. Exp.• Description of Operations / Locations / Vehicles / Restrictions / Special Items IN THE EVENT CF CANCELLATION OF SAID POLICIES BY THE COMPANY, THE COMPANY WILL ENDEAVOR TO GIVE 30 DAYS WRITTEN NOTICE TO THE PART'’ TO WHOM THE CERTIFICATE IS ISSUED, AT THE ADDRESS SHOWN HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Ccunters.gnature (If Requ'red). oL aUxj (Autnonzeci Representative} DATE ISSUED 11/01/99 U S SMALL BUSINESS ADMINTSTRATION MINNEAPOLIS DISTRICT OFFICE 100 NO 6TH STREET //610 C BUTLER SQUARE MINNEAPOLIS MN 55A03 INSURED COPY 609259 No. 98-55 Fee: $1,212.50 155 WSU Units 77 BSU Units MULTIPLE DOCK AND MOORING AREA LICENSE 6 LAKE MINNETONKA CONSERVATION DISTRICT County of Hennepin, State of Minnesota ss. WHEREAS, Lakeside Marina, Inc., do James J. Dunn, 3324 North Shore Drive, VVayzata, MN 55391 has paid the sum of Sl,212.50 DOLLARS to the Treasurer of said LAKE MINNETONKA CONSERVATION DISTRICT as required by the Ordinances of said District and complied with all the requirements of said Ordinances necessary- for obtaining this License; NOW, THEREFORE, By order of the Board of Directors of said District and by virtue hereof, the said Lakeside Marina, Inc. is hereby licensed and autliorized to operate a multiple dock subject to existing and future density policies and regulations adopted by tlie District's Board of Directors, Per Site Plan ; Subject to Variance Order 4/22/81; Non-Conforming Structure, 1:4 density. 280 feet of lakcshore frontage. for the period of the 1998 Dock Season and ending December 31, 1998 subject to all the conditions and provisions of said Ordinances. Violations of the provisions of the District's Code of Ordinances are punishable bv imprisoiunent for not more than 90 days or imposition of a fine of not more than S700. or both. Given under my hand and the corporate seal of the LAKE MINNETONKA CONSERVATION DISTRICT this 22 day of April A.D. 1998. Attest ExecutivoT)iji«tor, Gregory S Nybeck Chairman. Dou^as E Babcock •61 lA ‘i^pt.rhf tine enfC^5'0*i ^ ’ •« 4W«*4 Fence & No Parking signs.- - -^ Al *. Jm 4*1 r 4: # — ^ Kb o<»J ’N «------------—^ ' -4? ? K aj --------*n AA F t4 ^ } rr ^rz'esL —a^/ •*t r '<r fit -/ C3 > m: a/tr/i ^hVe-w y'^St'<Sl ‘ihbl :r'5L‘tht>l nt 3^ T3 o ^3 \ C- rt D- O o rr CO rr cr • o ^;: to r rr ^ cr H- o ro CD 3 ^ CB 00 rr ^ to •-- rr »- 2T O to a.rr C •3 to *1 ?r 3 OP Q. O n CO o o rr O 3 CD O 2 3 25 O rr 3* ‘3 O to O X •o r- to 3 3 OQ ISO 'v. C/5 00 hH om Q| •• 3 CL cn rr c o cr rr O to 3 CB O. OB OQ 3 O CD to 3 O. OB to rr o r-rr-o C rr •— O to rr o r-'-I O C. 3 to OB •SuxABjp paqoB^^e aq^ uiojj jcaX 000'3 saSueqo ou aae aaaqj, *a0WT aq:^ JO suot^BinSaa aqj q^TA Xjjuijojuoo ut aje s>ioop aq:» ^eqj uijtjuod o:» 'panssi AisnotAajd sea ^eqj ^xuiaad a 6uxsoToua aJE aM ‘A^jadojd aq^ uo asoio aA uaqA gi qoJBH uox^^eoxidde 000'3 jno aixi aA qeqj pajsa66ns seq aOWI SMJ. o, o o»-n »-n e: L/i to 3oto j CO I I \5 a) .*r j: ^>zo m 00H m </) T1o3 COUNCIL MEETING FEB 2 6 2000 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: February 24,2000 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Request for Stop Sign at Shevlin Drive and Willow Drive At the January 24 Council meeting. Kurt Rakos of 2175 Shevlin Drive requested the City consider a 3-way stop at the Shevlin Drive/Willow Drive intersection to address concerns regarding safety and the speed of traffic. In response to this request, the Police Chief and the City’s consultant engineer reviewed the request. Both recommended against the 3-way stop. A letter from Sheldon Johnson of Bonestroo Associates and a memo from Gary Cheswick, Police Chief, are attached. When Chief Cheswick discussed his findings with Mr. Rakos, Mr. Rakos requested an opportunity to address the Council regarding his request. Staff is recommending against the 3-way stop because the level of traffic at that intersection does not warrant the 3-way stop condition. When a 3-way stop is installed at an intersection that does not meet warrants, drivers tend to ignore the stop signs. This behavior also then tends to be applied to other stop signs. Chief Cheswick has indicated the Police Department will monitor traffic speeds and will take action to control the speed of traffic in the area. COUNCIL ACTION REQUESTED: Motion to deny the request for the 3-way stop at the Shevlin Drive/Willow Drive intersection. Date: To: From: Subject: February 22,2000 Ron Moorse, City Administrator Gary Cheswick, Chief of Police Request for Stop Sign In response to the request for stop sign at Shevlin Drive an^ Willow Drive, the following are reasons the Police Department does not support posting of additional stop signs: ►A speed test survey was conducted for a 24 hour period, showing the total number of vehicles on Willow Drive to be 233. Of these, 50 percentile were at 28 mph, and 85 percentile at 33 mph. The posted speed is 30 mph, showing the majority of vehicles were travelling at a minimal speed. ►A review of traffic control was conducted and it was found the Shevlin Drive intersection already has a stop sign posted at Willow Drive. It is felt additional stop signs on Willow would provide minimal deterrence to excessive speeding. ►Finally, a stop sign would impact normal traffic flow as well as providing opportunity for rear end collisions. 1/ J Bonestroo Rosene mn ■ Anderlik & ^ I Associates Engineers & Architects Sonestroo. Rosene. AnderUk and Associates, tnc. is an Affirmative Action/Equat Opportunity Bmpfoyer Principals: Otto G Bonestroo. PE. • Joseph C Andcfflk. PE. • Marvin L Sorvala. PE. • Glenn R. Cook. PE. • Robert G. Schunicht. PE. • Jerry A. Bourdon, PE. • Robert W. Rosene. PE.. Richard E. Turner. PE. and Susan M. Eberlin. C PA.. Ser’ .r Consultants Associate Principals: Howard A. Sanford. PE. • Keith A. Gordon. PE. • Robert R. Pfcfrerft. PE. • Richard W Foster. PE. • Oavid O. Loskota. PE • Robert C Russek. A I.A. • Mark A. Hanson. PE. • Michael T. Rautmann. PE. • Ted K.Field. PE. • Kenneth P. Anderson. PE. • Mark R. Rolfs. PE • Sidney P. Williamson. PE. LS. • Robert F. Kotsrmth • Agnes M. Ring • Allan Rick Schmidt. PE. Offices: St. Paul. Rochester. Wilimar and St. Cloud. MN • Milwaukee. Wi Website: wwwbonestroo.com Memorandum RE:Traffic Speed Issue — Willow Drive Our File No. 139-Gen Tom Kellogg asked for my thoughts with regard to the citizen complaint of speeding along Willow Drive, particularly in the area of the intersection with Shevlin Drive. He also informed me that an all-way stop at the intersection of Willow Drive with Shevlin Drive was an option that was mentioned with regard to “slowing dowii the traffic ”. Traffic Speeds The traffic speeds issue may or may not be valid. I would suggest that the City request the local law enforcement agency to conduct a speed study along Willow. This will help to determine if a problem presently e.xists. If a speeding problem exists, the City can take the following course of action: 1 .Increase speed enforcement along willow Drive. 2.Consider some signing requesting traffic to slow down and/or watch their speed. If these have no effect, the City could then consider various types of traffic calming measures that may help to slow the traffic. All-Wav Stop Control Attached to this memo is a copy for the warrants for stop sign installation and for all-way stop sign installation These warrants are from the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). Given the volume conditions required, I donT think that the Willow/Shevlin intersection would meet warrants for all-wav stop control. It is also recommended that stop signs not be used as a speed control as it is ineffective for such use. Also, all-way stops at low volume areas will find motorists “rolling ” through these stop signs as the traffic can ’t really understand why a stop sign is at that location. Traffic will tend to ignore the traffic control and possibly other traffic control. 2335 West Highway 36 • St. Paul. MN 55113 ■ 651-636-4600 > Fax: 651-636-1311 ^ I 2B>5 Warrants for Stop Sign Because the STOP sign causes a substantial inconvenience to motorists, it should be used only where warranted. A STOP sign may be warranted at an intersection where one or more of the following conditions exist: 1.Intersection of a less important road with a main road where application of the normal right*of«way rule is unduly hazardous. 2.Street entering a through highway or street. 3.Unsignalized interseaion in a signalized area. 4.Other intersections where a combination of high speed, restricted view, and serious accident record indicates a need for control by the STOP sign. Prior to the application of these warrants, consideration should be given to less restrictive measures, such as the YIELD sign (2B-7) where a full Rtv. 9/84 2B-2 It- • • top is not neccss&ry sc &11 times. Periodic reviews of existing instsllstions may be desirable to determine whether, because of changed conditions, the use of less restrictive control or no control could accommodate traffic demands safely and more effectively. STOP signs should never be used on the through roadways of expressways. Properly designed expressway interchanges provide for the continuous flow of traffic, making STOP signs unnessary even on the entering roadways. Where at-grade un Tsections are temporarily justified for local traffic in sparsely populated areas, STOP signs s.;iould be used on the entering roadways to protect the through traffic. STOP signs may also be required at the end of diverging roadways at the intersection with other highways not designed as expressways. In most of these cases, the speeds will not wanant any great increase in the sign sizes. STOP signs shall not be erected at intersections where traffic control signals are operating. The conflicting commands of two types of control devices are confusing. If traffic is required to stop when the operation of the stop-and-go signals is not warranted, the signals should be put on flashing operation with the red flashing light facing the traffic that must stop. Where two main highways intersect, the STOP sign or signs should normally be posted on the minor street to stop the lesser flow of traffic, .'raffic engineering studies, however, may justify a decision to install a STOP sign or signs on the major sueet, as at a three-way intersection where safety considerations may justify stopping the greater flow of traffic to permit a left-turning movement. STOP signs may be used at selected railroad-highway grade crossings only after their need has been determined by a detailed traffic engineering study. Use of the STOP sign at railroad-highway grade crossings is described in Section 8B-9. Portable or part-time STOP signs shall not be used except for emergency purposes. Also, STOP signs should not be used for speed control. vm-S (e)Rtv. a 2B-6 Multiway Stop Signs The “Multiway Stop ” installation is useful as a safety measure at some locations. It should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. A traffic control signal is more satisfactory for an intersection with a heavy volume of traffic. Any of the following conditions may warrant a multiway STOP sign installation (sec. 2B-4): 1.Where traffic signals are warranted and urgently needed, the lultiway stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2B-3 Rev. 9IU 2.An accident problem, as indicated by five or more reported accidents of a type susceptible of correction by a multiway stop installation in a 12-month period. Such accidents include right- and left-turn collisions as well as right-angle collisions. 3.Minimum traffic volumes: (a)The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day. and (b)The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the ma.ximum hour, but (c)When the 85-percemile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. 2B-7 Yield Sign (Rl-2) The YIELD sign assigns right-of-way to traffic on certain approaches to an intersection. Vehicles controlled by a YIELD sign need stop only when necessary to avoid interference with other traffic that is given the right-of- way. The YIELD sign sh?U be a downward pointing, equilateral triangle having a red border band .4 a white interior and the word YIELD in red inside the border band. The rs^ndard size shall be 36 x 36 x 36 inches. k 2B-8 Warrants for Yield Signs The YIELD sign may be warranted: 1.At the entrance to an intersection where it is necessary to assign right-of-way and where the safe approach speed on the entrance exceeds 10 miles per hour. 2.On the entrance ramp to an expressway where an acceleration lane is not provided. 2B-4 tl•^r| •A k: 3.At intersections on a divided highway where the median between the roadways is more than 30 feet wide. At such intersections, a STOP sign may be used at the entrance to the First roadway of the divided highway and a YIELD sign may be placed at the entrance to the second roadway. 4.Where there is a separate or channelized right-turn lane, without an adequate acceleration lane. 5.At any intersection where a special problem e.xists and where an engineering study indicates the problem to be susceptible to correction by use of the YIELD sign. YIELD signs generally should not be placed to control the major How of traffic at an intersection. However, YIELD signs may be installed to control a major traffic movement where a majority of drivers in that movement are making right turns (see page 2A-16). At such an intersection, YIELD signs should not be erected on more than one approach. YIELD signs should not be used on the through roadways of e.xpressways. They may be used on an entering roadway without an adequate acceleration lane, but in a well-designed interchange, the sign would interfere with the free merging movement, and it should not be used under those circumstances. 11-37 R««. 11-37 R«v. if* >1 REQUEST FOR COUNCIL ACTION COUNCIL MEETIHO f EB 2 6 2000 CITY OF ORONO DATE: February 24,2000 ITEM NO: /V Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Right-of-Way Agreement with Metricom, Inc. Metricom, Inc. is a provider of wireless Internet and data services using a network of shoebox-sized radio transmitters, located in the public right-of-way on light poles or similar facilities, at a density of five to seven transmitters per square mile. Although Metricom, Inc. has the right to use the public right-of-way, they have an obligation to reimburse the City for its costs related to managing the right- of-way. Because these costs are difficult to project, Metricom has proposed a right-of-way agreement under which it would compensate the City for the use of the right-of-way through a payment equal to 1% of its adjusted gross revenues, and the provision of ten free subscriptions to its wireless Internet and data service. The agreement has an initial term of nine years with three extensions of five years each. This agreement has been reviewed by both the League of Mirmesota Cities and the Suburban Rate Authority, and reflects revisions made in response to that review. If Metricom receives approval of the right-of-way agreement by Orono and adjacent cities, the next phase is to locate antennas on water towers and other authorized communication facilities similar to the cellular and PCS antennas currently on the City’s water towers. If Metricom was to locate its antennas on an Orono tower, it would be required to enter into a lease agreement with the City similar to the PCS antenna lease agreements. Staff Recommendation Based on the low impact of the Metricom radio system on the City’s right-of-way, the benefits to the City and the City’s residents and businesses of providing a wireless service, and the review of the right-of-way agreement by the League of Minnesota Cities and the Suburban Rate Authority, staff recommends approval of the right-of-way agreement with Metricom, Inc. COUNCIL ACTION REQUESTED: Motion to approve the right-of-way agreement with Metricom, Inc., and to authorize the Mayor and City Administrator to sign the agreement. r •« . ,j <i . ! Writers Direct Phone: 612-403-7832 February 17, 2000 Mr. Ron Moorse City of Orono City Administrator PO Box 66 (2750 Kelly Parkway) Orono, MN 55323-0066 re: Completion of Metricom's ROW Agreement Dear Ron: Thanks for your catt and, interestoo-tho phone-Friday, concerning final steps to bring Metricom's innovative new "Ricochet®" wireless internet and data service to residents and businesses in Orono. I havo attached one "final revision" and thren"executable originals" of Metricom's "Right-of- Way Permit and Facility Use Agreement" (ROW) for signature by you and Orono's Mayor. As we discussed,^ the." final revision" of the.ROW was done in concurrence with Mr. Tom Grundhoefer, General Counsel for the League of Minnesota Cities (LMC), and with Mr. Jim Strommen, attorney for the Suburban.Rate Authority (SRA). All changes were finalized in late December, 1999. If ynii hflvp h«»<»n aMa tn read, the memo s which. Jim Strommen has written about his work on this "model" ROW, you most likely know that we were conscientious in our work with both the LMC and SRA, andrevisedthe document to their satisfaction. We believe this ROW goes beyond statutory requirements for conq)ensating cities for Metricom's very minimal impact on public rights-of-way. Our radios require na digging in or adjacent to streets, no underground conduits, no street cuts, no significant inconvenience to traffic (since we estimate only 15 minutes to install each pole-top deviceX and only about 5 to 7 "shoe-box" size pole-top devices per square mile mounted on existing pole structures. This is truly minimal impact on your right-of-way, but it brings a significant benefit of new competitive services to your citizens! We also think this ROW is the "model" of a fair way to document methods for uring public rightsrof-way to bring innovative new services to the public, which in turn can attract people and . . % .e* n business to your community. We want to be fair to all cities, and since fairness is best ensured with a weVe been reluctant to change this standard ROW. To date, IS local Minnesota cities have approved and signed this same ROW document. On you suggested that the next available City Council agenda we could be on might be February ZS*** (Consent Agenda if possible since LMC and SRA, are already comfortable with the ROW document), f will plan to attend that meeting if possible, to answer any questions City Council members may have. Please use the number at the top of the page to confirm council meeting date and time. After the ROW is signed.by Orooo, I will ask Metricom to execute them, and return one original for city files. As soon as the ROW is executed, we can complete final planning for the actual placemeqt of pole-top radios. Thanks again.for you anrlassistance in bringing.this innovative new Ricochet® service to your constituents. Sincerely, Max W. Thonq>son Metriconvlnc..- MN Local Market Manager . r ^ 'll I ~*»~TJinriT“rfirT ' nr m ----i ORONO Right-Of-Way Permit and Facility Use Agreement HIS RIC»rr-Gff-WAY USE AGREEMENT (this "Use Agreemenl") is dated as of (the "Effective Date"), and entered into by and between •the CITY OF ORONO, a Minnesota local government unit (the "City")/ and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A.Metricom owns, maintains, and operates, in accordance with regulations promulgated 1^ the Federal Communications Commission, a mobile digital data coimnunicatrons~radicr network knowir as Ricochet®,” utriizing’ Radios (as defined in §1.10 below) and related equipment certified by tiie Federal Commumcations Commission. B.For purpose of operating Ricochet®, Metricom wishes to locate, place, attach, install, operate, and maintairr Radios in the Public Right of Way (as defined in §1.9 below) on faciUties owned by flte City, as well as bn facilities owned by third parties therein. Agreement Now, tiieref^re / for good and valuable consideration, tite receipt and sufficiency-of which are hereby acknowledged, the parlies agree to the following covenants, terms, and conditions: 1 Definitions. The following definitions shall apply generally to the provisions of this Use Agreement 1.1 Adjusted Gross Revenues, "Adjusted Gross Revenues" means the gross dollar amount received by Metricom for its Services (as defined in § 1.11 below) provided to subscribers with billing addresses in the City, excluding (i) any utility users' tax, communications tax, or similar tax or fee; (ii) local, state, or federal taxes that have been billed to flie subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.c., bad debts) with billing addresses in tiie City tiiat was previously included in Adjusted Gross Revenues. Permit and FaciUty Uu Agreement Ofy afOrmo:: Metricom, Inc. Pa^e IcflS 1.3 City. "City" means the City of ORONO. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to entities doing business in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee). 1.4 htstallation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to titis Use Agreement 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resoluh^^ regtriahcMns> judicial decisions, rules, tariffs, administrative orders, certificates, orders, or otiier requirements of the City or other govemmentEil agency having joint or several jurisdiction over the parties to this Use AgieemenL 1.6 1.7 Metriccrn "Metricom" means Metricom^ Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. MPUC. " MPUC" means the Minnesota Public Utility Commission. 1.8 Mwticipal Facilities. "Municipal Facilities" means City-owned street light poles,-lighting fixtures> electroliers, or ottier City-owned structures located within the Public Right of Way and may refer to such facilities in the singular or plural, as appropriate to tfie context in w'hich used. 1.9 Public Right of VJay. "Public Right of Wa/' means the space in, upon, above, along, acroSiS,- and over the public streets, roads, highways, lanes, cartways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public utility easements and public service easements as Hio same now or may hereafter exist, that are under tfie jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property ow'ned by any person or entity other than the City, except as provided by applicable Laws or pursuant to an agreement between ttie City and any such person or entity. If the City adjusts its boundaries pursuant to Minn. Stat, Chap. 414 through annexation, incorporation, combination, detachment, or other means, this Use Agreement shall be binding on the entire area within the City's boundaries after fte adjustment 1.10 Radio. "Radio" means the radio equipment whether referred to singly collectively, to be installed and operated by Metricom hereunder. vl { iU^hi-cf-lVay Penmt and Facility UseAx^eement City cf Orono:: MOricom. Inc. Pagelcflo 1.11 Services. "Services^' means the mobile digital communications services provided tfirough Ricochet® by Metricom, which services consist principally of wireless Internet- e-mail and local area network access and may include transmission of sound and video images; provided, however, that "Services" shall not be construed, interpreted or applied to authorize either real time telecommunications services (including telephone and voice) or video or cable television communications services except as may be considered standard Intemet content T Term . This Use A^eement shall be effective as of the Effective Date and shall extend for a term of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance witii the provisions herein. The term of ftis Use Agreement shall be renewed'automatically for tiiree (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless eittier party notifies the other of its intention not to renew not less dian one hundred et^tty (18(^talendardays prior to^conmiencement of the relevant renewal term. 3^ • Scope OF U se A gre ement . Any and aH rights expressly granted to Metricom under tius Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be sul^ect to the prior and continuing right of ttie City under applicable Laws to use any and all parts of the Public Right of Way exclusively or concurrently with any other person or entity and shall be furttier sul^ect to all de^s, easements, dedicaticms, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect feePuWic Righ#of Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement Any work performed pursuant to the rights granted under this. Use AgteementshallJje subject to-the reasonable prior review and approval of tf\e City. 3.1 Attachment to Municipal Facilities. The City hereby auttiorizes and permits Metricom to enter upon the Public Right of Way and to locate, place,- attach,- install,- operate, maintaiiy remove, reattach, remstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operatmg KTcochet® and providing Services, fri addition, subject to ttie provisions of § 4.3 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachment to MunicipalFacilities. 3.2 Attachment to TRird-Farfy rtopcrty. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Ri^ht-cfAWay Permit and Paaiity UseA^eement Oty cj Ofono :: Mitricom. Inc. Pa^e3cfl6 ■■■IV S -lir - such number of Radios in or on poles or ottier structures owned by public utility companies or ottier property owners located within the Public Right, of Way as. may be permitted by the public utility company or property owner, as the case may be for die purposes of operating Ricochet® an<f providing Services. Upon request Metricom shall furnish to the City documentation of such permission from die individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in die Public Right of Way. 3.3 No Interference. Metricom in die performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner widi the existence and operation of any and all public and private rights of w’ay, sanitaiy sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable'television , anct odier information" or communications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applieable- Laws-or dtis Use- Agreement- City agrees to use reasonable efforts to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises City may- enter into after the Effective Date widi other information or commvuiications providers and carriers. 3.3.1 Interference ResduHon. Any actual or anticipated radio interference caused by either the presence of die Radios or the presence of any such other communications equipment or devices in die Public Right of Way shall be resolved by Metricom and any such other providers without cost to City on the basis of the applicable rules, regulations, practices, and procedures of die FCC. City agrees to assist Metricom in the resdtttkHvof any such interference dispute at Metricom's sole expense. 3.4 - Compliance'witfrEaws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under diis Use Agreement The Right-of-Way Management Reimbursement provided for in §-4rl below ^all be in lieu of all odier City fees, with the exception of any City permits required for the initial installation of the Radios. City shall prompdy respond to Metricom's filings and shall otherwise cooperate with Metricom in facilitating die deployment of Ricochet® in the Public Right of Way in a reasonable and timely maimer. Rjgfti-cf4Vay P^rmt artJ Paalsty U$e A^eement City of Orono:: Mrtrtcom, Inc. Pa^e4cfl6 ^ * 33 Location and Installation of Radios. The proposed locations of Metricom's planned initial installation of Radios shall be determined subject to the reasonable prior review and approval of the City, promptly after Metricom's review of available street light maps and prior to deployment of tfie Radios. Upon the completion of installation, Metricom promptly shall furnish to the City a pole list showing the exact location of die Radios in tiie Public Right of Way. 4 C ompensation ; U ttuty charges . Metricom shall be solely responsible for ttie pa yment of all lawful in connection with Metricom's performance under this Use Agreement in accordance witfi ttie terms set forfli below. 4J.RighkofrWay Management Reinibuxsement. In order to reimburse City for any right-of-way management costs it may mcur during the term of this Use Agreement following the initial deployment of the Radios in connection with Metricom's entry upon and deployment within the Public Right of Way, Metricom shall pay to the City, on an annual basis, an amountpquaftD'Dne'percent(!%)■ of Adjusted Gfoss Revenues (the 'Right- of-Way Management Reimbursementf'), which amount may be collected from subscribers of the Services with billing addresses in the City and remitted to City as provided herein. The parties agree that such Right-of-Way Management Reimbursement represents a fair estimate of ttie costs of continuing management of the Public Right of Way utilized hy Metricom an<Lttiat such Right-of-Way Management Reimbursement is not a franchise fee or payment for use of the Public Right of Way. The Right-of-Way Management Reimbursement shall be payable for the period commencing upon-the date-thatServices are offered to commercially paying subscribeis within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement andshall be due on.or before the 45* day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Mebicom shall furnish to the City with each payment of compensation required by this sectrorr a statement executed by an authorized officer of Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment If Metricom discovers any error4rr the correct amount of compensation due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due. Acceptance by the Permit and facility UuA^eemmt City ofOrono :: Metricom, tnc. Pa^e Softs p 1 City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior tfaetetcy nor, shall the acceptance by the City of any such payments preclude the City from later establishing that a largpr amount was actually due or from collecting any balance due to the City. City may, at any time, at City's, sole option, upon ninety (90) days written notice, require Metricom to discontinue the Right-of-Way Management Reimbursement compensation. Upon receiving such notice Metricom shall, no later than ninety (90) days after receiving such notice, cease making all compensation payments diat w’ould have been payable after such ninety (90)" day no tice period.'If City requires suclra discontinuation of Right-of- Way Management Reimbursement compensation, tiie City may then charge, on an annual basis, its actual Right-of-Way Management costs (pursuant to-Minnesota Statutes Sec. 237.1^, Subd. 9 and Sec. 237.163, ' Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day period described above. Metricom shall only be liable for such actual annual- Rightr^-Way management costs- to- the extent such costs exceed die annual retail value of the service subscriptions for which the City is eligible under Section 4.5 of diis Agreement 4.1.1 Reduction of Right-of-Way Management Reimbursement by Amount- of- Utility- Users- or Communications Tax. Notw'itiistanding anything to the contrary in this Use Agreement if die Services are subject to a utility users tax, communications tax, or other tax or fee which accrues to die City by operation of die Citv^s Municipal Code or other applicable law, then die amount of the Righf-bf-Way Management Reimbursement shall be reduced by the amount of the applicable utility users tax, communications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of acco unt lelative to the City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only te-die-exfcent necessary to-c^trm the accuracy of payments due under §4.1 above. Alternatively, Metricom will make available for inspection by the City at Metricom's office located closest to die City, upon thirty (30) days prior written notice, the Fd^hi-cf-W'ay P^tmtand Faaltty Use Asreemejit Oty of Orona:: Metricom, Inc. Pn^e 6cfl6 relevant portions of its books and records as reasonably necessary to confirm toe accuracy of any payments due toe City under this Usg. Agreement... The. City agrees to hold in confidence any non-public information it learns from Metricom to the fullest extent permitted by Law. 4.2 Annual Fee. As compensation for toe use of Municipal Facilities, Metricom.shall pay to the City an annual fee (toe Annual Fee^^) in toe amount of Sixty Dollars ($60.00) for toe use of each Murucipal Facility, if any, upon which a Radio has be^ installed pursuant to tois Use Agreement Where light poles or other facilities to be used by Metricom w’itoin toe Public Right of Way are owned by a utility, such annual fee shall be paid to toe appropriate utiKty and not to toe City. The aggregate Annual Fee with respect to each year of toe term shall be an amount equal to the number of Radios installed on Municipal Facilities during toe preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later toan forty-five (45) days after each anniversary of toe Installation Date. City represents and covenants-toat-City-ownS'all-MttRieipal-FacilitieS'for the use of which it is collecting from Metricom toe Annual Fee pursuant to tois § 4.2. 4.2.1 CPI Adjustment. Effective commencing on toe fifth (5*) anniversary of toe Installation Date and continuing on each fifth (5^) annivefsaiy- thereafter durmg the term, toe Annual Fee with respect to toe ensuing five-year period shall be increased by a percentage amount equal to the percentage increase, if any, in the U.S...Department of Labor,. Bureavuof Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which occurred during toe previous five-year period for the Midwest Urban Region Consolidated Metropolitan Statistical Area. 43.. Fl«irh-iriiy rfiargoa, Metricom shallbesolety responsible for toe payment of all electrical utility charges to the applicable utility company based upon toe Radios^ usage of el^tricity and applicable tariffs. 4.4 Reimbursement of City's Project Review ^penses. Metricom shall reimburse the.City at City's standard rates for reasonable attorney's fees and other project review expenses relating to the preparation and review of this Use Agreement, promptly upon receipt of itemized bills, paid invoices, and other such documentation as Metricom shall reasonably require, and in a total amount not to exceed One Thousand Dollars ($1,000). The reimbursement provided for in tois § 4.4 shall not replace or RiSht-cf-Way Ptrmt and Facility UuAgreement Qty cfOrono :: Metricom. Inc. Page 7(^16 4.5 4.6 excuse Metricom from tire payment of any applicable permit fee for work undertaken pursuant to the initial installation of the Radios. Municipal Subscriber Program. City shall have the right throughout the term of- this Use Agreement to receive up to the maximum number specified below (based upon the City^s population) of free Ricochet® basic service subscriptions. T^e number of free subscriptions which the City may receive shall be. determined in accordance with the City^s official population, as shown on the latest available census data, as follows: (a) for municipalities wifli a population of less tiian 100,000, up to a maximum of ten (10) free subscriptions; C^) for municipalities with a population of between 100,000 and 249,000, up to a maximum of fifteen (15) free subscriptions; (c) for municipalities with a population of betw^een 250,000 and 500,000, up to a maximum of twenty (20) free subscriptions; and (d)for municipalities of over 500,000, up to a maximum of tw’enty-five (25) free ~ subscriptions. City riiall designate one person who shall be responsible for ordering and receiving any subscriptions. Tc take advantage of this program, the designated individual should contact Metri€om'’-s-Netovork Real Estate-Depwtment at the address stated in § 8 below City^s right to use the subscriptions shall commence at tiie time that Ricochet® service is commercially available in the City and shall extend-vmtil-the expiration ot tiie term of tiiis-Use Agreement or through the length of time that Radios are deployed in tiie Municipal Right of Way, w’hichever is longer. City^s use of the subscriptions shall be sul^'ect to standard Ricochet® terms and conditions of use. City understands and agrees that modems and equipment required to utilize tiie subscriptions and any additional service subscriptions or service options the City may desire may be obtained from an authorized retailer at market rates current from time to time. City shall use all subscriptions provided pursuant terthis section solely for itsown use and shall not be entitled to resell, distribute, or otiierw'ise permit tiie use of same by any other person, excep ting a local public entity tiiat provides public service within the corporate boundaries of the City (r.^., municipal schools, public safety, or fire departments, etc.). The level of benefits and service provided to City by Metricom as "basic service" shall not be diminished or reduced during the-term of this Use* Agreement or renewal thereof or prior to its cancellation or termination, as the case may be. ’ Most-Favored Municipality Clause. Should Metricom after the parties^ ex ecution and delivery of this Use Agreement enter into a right-of-way permit and facility use agreement witti another municipality of the same Rj^ht<f-Way P^natami Facility Use A^eemeut Qty cfOrotto :: Metricom, Inc Pa^e Sof 16 ■p.:'jhl 1 ^.-.tk .-.skiY'.iikp-.r up ••tunnmid size or smaller than ttie City as compared witti cities in the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Famsey, Scott and Washington,, which agreement contaii\s eitiier (a) a higher Right-of Way Management Reimbursement as described in § 4.1 above or (b) a higher Annual Fee as described in § 4.2 above or (c) a higher amount of Reimbursement of City's Project Review Expenses as described in § 4.4 above. City shall have the right to require tiiat Metricom modify this Use Agreement to incorporate ttte same or substantially similar superior benefits and such other terms. 5 Relocation and D isplacement of Radios . Metricom understands and acknowl edges that City may require Metricom to relocate one or more of its Radios, and Metricom shaD atCity% direction relocate such Radios at Metricom's sole costand expense, whenever City reasonably determines that the relocation is needed for any of tiie following purposes: (a) if required for tt\e construction, completion, repair, relocation, or maintenance of a~City prqject7(b) because the Radio is interfering witfi or gnals Municipal Facilities; or (c) to protect or preserve the public health or safety. In any sueh-case? City shall use reasonable efforts-to afford Metricom a reasonably equivalent alternate location with no duty to incur any expenses or cost to City. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under the circtxmstances- iR accordance with- toe foregoing provision. City shall be entitled to relocate toe Radios at Metricom's sole cost and expense, w’ithout further notice to Metricom. To toe extent the City has actual knowledge thereof, the City will attempt prom Radio is located. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City w'ill use reasonable efforts to accommodate Metricom by making anotoer reasonably equivalent Municipal Facility available for use in accordance with and sul^ect to toe terms and co nditions of this Use Agreement 5.2 Damage to Public Right of Way. Whenever the removal or relocation of Radios is required or permitted imder tois Use Agreement and such removal or relocation shall cause toe Public Right of Way to be damaged, Metricom, at its sole cost and expense, shaU promptly repair and return the Pubbc Right of Way in which the Radios are located to a safe and satisfacto ry conditi on-nr accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days^ prior written 4 Righl-if-lVay Pirndtaml Faciltty Uft As^ffment Oty cfOrano :: Slftncom, Inc. Page9ofl6 notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs, to be. incurred or the actual costs incurred by die City at City's standard rates. Upon die receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 Il^EMNIHCATlON AND WAIVER. Metricom agrees to indemnify, defend, protect, and hold harmlpsR the.City, it^ rntinHl mpirihprs, officers, and employees from and against emy and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administradve and judiciaT proceedings and orders, judgements, and all costs and expenses incurred in connection dierewidi, including reasonable attome)r's fees and costs of defense (collectively, the "Losses") directiy or proximately resulting from Metricom's activities undertaken pursuant to this Use' Agreement except to tiie extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. The foregoing notwithstanding, Metricom shall defend and indemnify the City, and its officers and employees, even in the case of negligence, unless de allegations allege (a) independent negligence on the part of die City, its officers and employees or (b) a wrongful act or omission on the part of the City or-its-officers-or emf^oyeesr Metricom shall also defend and indemnify the City, its officers and employees, even in the case of negligence, if the allegations are based on tiie City's or its officers or employees' negligence or odierwise wrongful act or omis&k»v-kv issuing a-permit to Metricom or-approving this Use Agreement or in failing to properly or adequately inspect or enforce compliance witfi the terms. conditions or purpose of any permit issued to Metricom. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and- rights-it may assert against die City on account of any loss, damage, or injury to any Radio or any loss or degradation of die Services as a result of any event or occurrence which is beyond the reasonable control of the City or on account of City's exetdse of its regulatory or police powers. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from ttie negligence or willful misconduct of City, its employees, agents, or contractors. 7 Insurance .- Metdcom-shalLobtainaiul maintain at all times during the term of this Use Agreement Commercial General Liability insurance and Commercial Automobile Liability insurance protecting Metricom in an amount not less dian One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personatinjury liability and products-completed operations. Ri^ht-cf-Way Permit and Faality Use Agreement Qty cf Orono :: Metricottu Inc. Pa^e lOcf 16 % i f The Commercial General Liability insurance policy shall name the City, its council members, officers, and employees as additional insureds as respects any covered ^rfQing ottt-of I^etzicoxn^s perfomoance of work, under this Use Agreement Coverage shall be in an occurrence form and in accordance witti tfie limits and provisions specified herein. Oaims-made policies are not acceptable. Such insurance shall not be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. Prior to any five(5)-year renewal term, pursuant to Section 2 of this Use Agreement, tiie parties may in good faith bargain to increase the abo ve mmimTrm- insurance amounts, if such an increase is warranted by industry standards. Such increase, if any, shall not be effective until tfie commencement of such renewal term. Prior to any five (5)-year renewal term, pursuant to Section 2 of this Use .Aigreement theCitymfty request and the parties shall bargain in good faith to increase die above minimum insurance amounts, if such an increase is warranted by industry standards or specific identified risk- Such increase, if any, shall not be effective until the commencements^ such- renewed- temw 7.1 FUtttg^ef Certificates-and Endo rscmcnter Prior to ttie commencement of any work pursuant to this Use Agreement Metricom shall file with the City the required origin. . 1 certificate(s) of insurance with endorsements, whkb-shaUstate the folio ing: (^the- pelky number; name- of insurance company; name an< address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specificcovecage amounts; (b)that- the City shall receive thirty- (30) daysT prior notice of cancellation; (c)that Metricom's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that die City^nutypossessr including any self-insured retentions the City may have; and any other insurance the City does possess shall be co nsidered excess insurance only and shall not be required to contdhute. with this insurance; and (d)UoaLMetncom's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the City. Permit and Facility Use Agreement Qfy of OronoMetricom. Inc. Pagellofie The certificate(s) of insurance witti endorsements and notices shall be mailed to tite City at the address specified in § 8 below. 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term^ of this Use Agreement statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the City witfi a certificate showing, proof of such coverage. 7S.r*ri teri^ Any insurance provider of Metricom shall be admitted and audiorized to do business in the State of Minnesota and shall carry a minimum rating assigned by AM. Best 6* Ccmpany's Key Rating Guide of "A" Overall and a Financial Size Category of "X" {i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). Insurance policies and* certificates issued by non-admitted insurance companies are not acceptable. 7.4 Severability of Interest Any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by die City. "Severability of interest" or "separation of insureds!" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 8 N otices . All notices which shall or may be given pursuant to this Use Agreement shall be in'writing and'delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission^ if a hard copy of the-same is- followed- by ddivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: if to tiie City: City of O rono Attn: City Administrator - Ron Moorse P.O. Box 66^ (2750-Kelly Parkwity) Crystal Bay, MN 55323-0066 if to Metricom: Metricom , Inc . Attn: Network Real Estate 980 University Avenue LosGatos,.CA 95032. Rtsht-tf-lVay PamilanJ FacUity U$t Agreement Qty of Orono:: Atrtn.om. Inc. Pa^elloflS 8.1 Date of Notices; Changing Notice Addxess. Notices shall be deemed given upon receipt in tfie case of personal deliveiy, ttiree (3) days after Hgpogif jjrt mail^ or the nextbusiness day in.the cas e of facsuxule/ email/ or overnight delivery. Eittier party may from time Id time designate any other address for this purpose by written notice to tiie other party delivered in the maimer set forth above. 9 TfpmtmATinM. This TI«^ Agrppinpni: may be terminated by either party upon forty five (45) days' prior written notice to tire other party upon a default of any material covenant or term hereof by fire other party, which default is not cured within forty-five (45)days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails tD commence such cure within forty=^five (45)"days or fails thereafter dillgentty to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, flie rights granted under this Use-Agreement a re irrevoca ble during fte term. 10" ASSIGNRIENT. TTiis Use- Agreemcnt^all not be assigned by Metricom without the express written consent of fee City, which consent shall not be unreasonably wifeheld, conditioned, or delayed. Notvx'ifestanding fee foregoing, fee transfer of fee rights and obligations of Metricom here under to a parent subsidiary, orfinancially viable affiliate of Metricom or to any successor-in-interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment for the purpose&of this Use Agreement Miscellaneous -Pro vision s-. The provisions which follow shall apply generally to the obligations of fee parties tinder this Use Agreement 11.1 Nonexclusive Use. Metricom understands feat this Use Agreement does not provide Metricom wife exclusive use of fee Public Right of Way or any Municipal Facility and feat City shall have fee right to permit other providers of communications services to inst^ equipment or devices in fee Public Right of Way and on Mtinicipal Facilities. City agrees promptly to notity- Metricom- of the receipt of a proposal for fee mstallation c communications equipment or devices in fee‘Public Right of Way or on Municipal Facilities. In addition. City agrees to advise other providers of rnmmnniraHnrK; services of the presence or planned deployment of fee Radios in fee Public Right of Way and/or on Municipal Facilities. 11.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing_waiver of any subsequent breach or violation of fee same or any other provision of this Use Agreement________________________ Rj^hi-cf-Wtty Permit and Facility UicAsreemmt City afOrauo :: Metricom, lac. I3cfl6 11.3 Severability of Provisions. If any one or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judiciaL action-to-be-void/^ voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Use Agreement and shall not aff^t tfie legality, validity, or constitutionality of ih** remaining-, portions of this Use Agreement Notwithstanding tiie foregoing, tiie parties agree that if a court or administrative agency of competent jurisdiction should declare a provision(s) of Section 4 of tfiis Use Agreement invalid, then the parties shall each be obligated to negotiate in good faitii to amend S?ction 4 of this Use Agreement and if, after" one hundred and eighty (180) days from the commencement of negotiations or such extension thereof that may be agreed by the parhes, the parties are unable to reach agreement on amendments hereto, dien this Use Agreement-may be-fcerminated by eidier party. 11.6. 1L7 11.8 11.4- Contac ting Metricom; Metricom-shalf be available to the staff employees of any City department having jurisdiction over Metricom^s activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints-restating from the- attachment mstallation, operation, maintenance, or removal of the" RAdios. The City may contact by telephone the network control center operator at telephone number (800)873-346a regarding such problems or complaints. Gevenung Law; Jurisdktion. This Use Agreement shall be governed and construed by and in accordance widi tfie laws of the State of Minnesota, without reference to its conflicts of law principles. If suit is brought by a party to this Use Agreement^-ttie parties agree diat trial of such action shall be vested exclusively in the state courts of Mmnesota, County of Hennepin, or in the United States District Court for die District of Minnesota. AUomeya' Fee** Should.any digpnfa* arising out of this Use Agreement lead to litigation, the prevailing party shall be entidcd to recover its costs of suit up to an amount of Five Thousand DbUars_ ($5,000.00), including (without limitation) reasonable attorneys' fees. Tnany rflsp where the approval or consent of one party hereto is required, requested or otherwise to be given imder this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity. Rigla-cfAVay Per ml amt Facilitf Use Averment Gfy qfOiono :: MetricortL Inc. Pa^e I4cf 16 and auttibiity to enter into and perform the parties^ respective obligations hereunder and that such obligations shall be binding upon such party withottt-die ie(}uirement of die approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 11.9 Amendment of Use Agreement This Use Agreement may not be amended except pursuant to a written instrument signed by bodi parties. 11.10 Entile Agreement This Use Agreement contains the entire understanding between the parties with re^)ect to die subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter o£ diis.Use Agreement which are not fully expressed herein. RightHf4Vay P^Tfidtand FaciUty UuAsrfemmt City cf Orano v, Mttricom, Inc, Pa^t ISoflS In witneSS whereof / and in order to bind themselves legally to the terms and conditions of tfiis Use Agreement; ttie duty authorized representatives of the parties haveexecuted this Use Agreement as of tfie Effective Date. CITY OF ORCWO, a Minnesota municipal corporationCftyr By: Ron Moorse [nametyp€dl Its: City Administrator Date: By: Gabriel Tabbour lnanutfjf€dl Its: Mavor Date: Metricom: METRTCOM; INC., a Delaware corporation By: Iname typed} Its: Dateu Right-<f^ay Permit and Facility UstAgTimat _ Qhf of Oromo :: Metricom, lac. Pagel6(fl6 REQUEST FOR COUNCIL ACTION COUNCIL MEETING FEB 26 2000 CITY Qt ORONQ DATE: February 24,2000 ITEM NO: / 5^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Extension of Property Assessment Service Contract with the Hennepin County Assessor’s Office In mid-1998, Rolf Erickson indicated he would no longer be able to provide assessment services to the cities of Orono and Shorewood due to his firm’s inability to retain qualified staff. At that time, both Orono and Shorewood requested proposals from private assessing firms for the provision of property assessment services. Both cities invited the firms to submit proposals to serve one or both of Ae cities. The city of Orono received only one proposal. The cities then approached the Heimepin County Assessor’s Office about providing the service. The Hennepin County Assessor’s Office provides assessment services to sixteen cities in Hennepin County, including Independence, Minnetrista, Mound, Spring Park and Tonka Bay. The Orono and Shorewood City Councils met jointly to discuss the Hennepin County option. Hennepin County proposed a four-year agreement. The cities proposed an initial two-year agreement, with a provision for a four-year extension. The two-year agreement expires July 31, 2000. The agreement may be extended for a term of four (4) years by the City providing written notice to so extend 150 days prior to the expiration date. The Hennepin County Assessor’s Office has invested a very large amount of time and effort to get Orono’s property records organized, updated and entered into their property assessment system. They have done a very good job with the revaluations. They worked with a large number of property owners with large valuation increases for taxes payable 1999 to explain the increases, which limited the number of property owners who attended the Board of Review meeting. Staff Recommendation Based on the work of the Hennepin County Assessor’s Office over the past two years, staff recommends extending the contract for property assessment services for a four-year period. COUNCIL ACTION REQUESTED: Motion to approve the extension of the contract with the Hennepin County Assessor’s Office for property assessment services for a four-year period ending on July 31, 2004. td COUNCIL MEETING FEB 2 d 2000 REQUEST FOR COUNCIL ACTION CITY OHONO DATE: February 24,2000 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Authorization to Submit a CDBG Grant Application - Resolution The City Council has previously approved the submittal of grant applications appropriate to enabling four of the units in the Lake Minnetonka Woods townhouse development to meet the Metropolitan Council’s housing affordability guidelines. A grant application has been submitted to the Minnesota Housing Finance Agency for this purpose. However, to have the best chance of being funded, this grant needs to be matched by funds from another source. Staff is preparing a grant application through the Hennepin County CDBG program to obtain matching funds. This grant application requires the adoption of the attached resolution authorizing the submittal of the grant application. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution approving the submittal of a request for funding through the Urban Hennepin County Consolidated Pool Community Development Block Grant Program. A RESOLUTION APPROVING SUBMITTAL OF A REQUEST FOR PROJECT FUNDING FOR THE 2000 URBAN HENNEPIN COUNTY CONSOLIDATED POOL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Orono, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Consolidated Pool Community Development Block Grant Program; and WHEREAS, the City of Orono has developed a proposal for the use of 2000 Urban Hennepin County Consolidated Pool CDBG funds consistent with identified housing and community development needs. BE IT RESOLVED, the City Council of the City of Orono authorizes submittal of the following proposal to the Urban Hennepin County Consolidated Pool Selection Committee and recommends inclusion of this proposed project in the 2000 Urban Hennepin County Commumty Development Block Grant Program. Propcct Navarre Affordable Homeownership Program Funding Request $64,000 BE IT FURTHER RESOLVED, That the City Council hereby authorizes and directs the Mayor and City Administrator to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2000 CDBG Program. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on this 28th day of February, 2000. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 1 of 1 1 • REQUEST FOR COUNCIL ACTION COUNCIL MEETING FEB 2 6 2000 CITY CJ� ORONO Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:1'1 DATE: February 24, 2000 ITEM NO: } / Agenda Section: City Administrator's Report Item Description: Ordinance Amendment to Revise the 1989 Highway 12 Water and Sewer Improvement Project Connection Charges At its February 14, 2000 work session, the City Council reviewed infonnation concemng the connection charges related to the 1989 Highway 12 Water and Sewer Improvement Proi�ct. The information recommended changing the connection charges from a per-unit charge tr, a per-acre charge for the school property, including the ice arena, the 40 acres of property we,;t of Willow guided for medium density residential development, and the 17 acres of property ·.vest of Willow Drive guided for commercial development. Since that meeting, staff has reviewed past assessment projects in the area, and bas determined therear: no past projects that would have an impact on the connection charges. Staff Recommeudation Staff recommends t.'te 1989 Highway 12 Water and Sewer Improvement Project connection charges be revised to provide for a $13,000 per-acre connection charge for the Orono Schools property, including the ice arena, the medium density residential property, and the commercial property. A.'1 ordinance amending the fee schedule ord inance to reflect the revised connection charges is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to approve an ordinance amending the fee schedule ordinance to revise the connection charges for the 1989 Water and Sewer Improvement Project. I : •7. ,•• t *1} •’ A-' ' } ORDINANCE NO. 195 .2ND SERIES AN ORDINANCE AMENDING THE 2000 FEE SCHEDULE The City Council of Orono ordains: Section 1. Ordinance Amended. Ordinance No. 194, 2nd Series entitled "An Ordinance Adopting the 2000 Fee Schedule" is hereby amended to revise the water and sewer connection charges related to the 1989 Highway 12 Water and Sewer Improvement Project. The amendment changes the connection charges from per-unit charges to per-acre charges. Tlie new charges are as follows: 1989 Highway 12 Sewer Connection Charge: 1989 Highway 12 Water Connection Charge: $4,900/acre $8,100/acre SEWER PROJECTS Per Acre 1983-1 Highway 12 Orono-Long Lake- Medina $ 1,325.00 (1)1 /f \ IIiVoV iii^nwAy * 1 nflsc i ■iiiiuc Drown Rd to Willow Dr W 1 n r r\ €\c\ Expansion O’ 1989 Hi^zhwav 12 $4.900/acre m 1992 Stubbs Bay Sewer I Stubbs Bay NE/NW - Bayside East II Bederwood III Bayside North IV Oxford V Cygnet and Leaf $15,265.00 $23,635.00 $20,010.00 $28,245.00 $22,825.00 (5)1 (5)1(5)1(5)1 (5)1 I .A-■ I 1 WATER PROJECTS By District - Project Unit Charge +Area Or Acreage Charge + Front Foot Charge Credit To Area 1967 LW-1 Highway 12/Crystal Bay Road $ 4,405.00 $ 32.75 (1) 1969 LW-2 Chevy Chase $ 4,405.00 . -(1) 1970 LW-1 Navarre Residential $2,185.00 $ 21.75 (1) 1970 LW-1 Navarre Commercial $ 3,275.00 S 32.75 (1) 1982-1A Navarro $ 2,325.00 (2) W ■North Side Water Trunk ■ Drown Rd to Willow Dr ^ / •/v»wV/ i\n1VBV1 ii^nw2iy k iidsc 11 ■ Water Tower, Well, & Pumphouse DyJZU.VV 1989 Hichwav 12 $8.100/acre CD 1999 Navarre Water Treatment n Plant Rehabilitation* $ 360.00 (1) Section 2. Effective Date. This ordinance shall be effective upon appfi». X zsd publication. Adopted by the City Council of the City of Orono on this 28th day of February, 2000, by a vote of___ayes and_____nays. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor REQUEST FOR COUNCIL ACTION COUNCIL MBETINO FEB 2B 2000 CITY OF ORONO DATE: Febniary 24,2000 ITEM NO: / % Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Request by Scott Thomas for a Letter of Support for His Reappointment to the Minnehaha Creek Watershed District Board of Managers Attached is a letter from Scott Thomas requesting the City’s support for his reappointment to the Board of Managers of the Minnehaha Creek Watershed District. Mr. Thomas was appointed to the MCWD Board in March of 1999. Prior to his appointment, he had met with the Council, and Council had provided him with a letter of support for his appointment. A copy of the minutes of that meeting is attached. COUNCIL ACTION REQUESTED: Motion to authorize the City Administrator to prepare a letter of support for the reappointment of Scott Thomas to the Board of Managers of the Minnehaha Creek Watershed District. '•0 February 9. 2000 4801 Minneapolis Ave Minnetrista, MN 55364 (612)472-2018 a'-. —' City of Orono P.O. Box 66 Crystal Bay. MN 55323 Atten: Mr. Ron Moorse Dear Mr. Moorse: At the end of this month, my term as a Board Manager for the Minnehaha Creek Watershed District (MCWD) expires. I have applied for one of the two Board Manager’s positions that are open. I am writing to ask for the support of the city for my re appointment. Over the last year I have had the opportunity to see first hand the Board’s strengths and weaknesses. I have found that each Board Manager has a strong commitment to improve the quality of the watershed. However, instead spending their time on establishing a framework for effective management, far too much time has been focused on routine permitting and enforcement. This approach has led to a blurring of staff and board responsibilities that prevents the MCWD from being as effective as it could be. If I am re-appointed to the Board, my commitment to your city is to: •Work to move the Board away from the inclination to co-opt staff responsibilities and in its place establish a strategy for the management of the watershed that meets the needs/goals of the Board and its member cities. Letter from Scott Thomas February 9, 2000 Page 2 Work with the Cities to develop achievable goals for its water resources and develop strategies to manage stormwater runoff within its boundaries. Reduce emphasis on rule-based management of the watershed. In its place, establish a performance model that allows some flexibility in watershed management. Allow the cities to innovate to meet goals that are tailored to their urban/rural environment. We have made progress on several fronts. The District has started the process of establishing a watershed wide water quantity/quality model. The staff and several Board Managers have started research on implementation of performance-based regulation (such as TMDL’s). Tliere has also been a better working relationship between the members of the Board than in the past. This is a good start on what I think is going to be long term reform of the MCWD. I am requesting a letter written to the Hennepin County Commissioners supporting my re-appointment. Since this is an open appointment process, the letter will not bind the city to my nomination and you are free to re commend as may candidates as you choose. I would be glad to attend a city council meeting to discuss any issues that you might have with the MCWD. The County Board vote on the appointments is February 29. I appreciate any support that you can give me. I will call you next week to arrange a meeting or discuss any watershed issue you choose. Best Regards, Scott Thomas ORONO CITY COUNCIL MEETINO MINUTES FOR MARCH 22,1999 (#2495 Robert Erickson, continued) There were no public comments. It is the recommendation of City Staff and the Planning Commission that application be approved based on the conditions contained in the March 17.1999 Sta^^port. Mayor Jabbour commented that the City is not in a position at this t|fhe to vacate a portion of the public roadway to the shoreline and that it should be City policy lake access lanes not be vacated, Peterson remarked she has a problem with approving tw^on-conforming lots. Gaffron stated that this application will improve the of^nt situation in that area. Sansevere suggested that signage be erected t^how that there is a public access there. Cronin stated he is aware of the need to k^ that roadway open for public use and the Applicants are willing to work with City Staff on thivl^ue. Cronin indicated that no work would be done on this area until construction is commen( Flint inquired whether the two \oj/coM be combined to create one conforming lot. Gaffron stated one of the radons Staff supports this application is because the lot line rearrangement vrill not increase density Ji^is area. Flint stated he woutd^ in agreement with this application if public access to the lake is provided. Sansevere inqukwl whether City Staff has explored any other options for these parcels. Weinberge^ated Staff has looked at other options but feel that this proposal best meets both parties'i^ls. noting that it is easier to work with lots that are squared off more evenly. in stated they have looked at other options but feel this arrangement works the best. iansevere commented he would support this proposal. Sansevere moved, Flint seconded, to approve Application #2465,364 and 372 Westlake Street, granting of a lot line rearrangement subject to the conditions outlined in the March 17,1999 Staff report VOTE: Ayes 4, Nays 0. (#2) PRESENTATION BY SCOTT THOMAS - CANDIDATE FOR MEMBER OF MCWD BOARD OF MANAGERS Thomas addressed the City Council and requested their support of him as a candidate for the MCWD Board of Managers. Thomas stated he is a civil engineer with 20 years experience and has a good understanding of the watershed process. Thomas stated if elected to '.he MCWD Board of Managers his goals would be to. #1. identify the resources in the watershed district clearly and to list the expectations of the resources for the watershed district; #2. shift the focus of the board away from the day-to-operations; and #3. predict the future needs of the watershed district by looking at a 20 year window. Pages r- ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 22,1999 (Presentation by Scott Thomas, continued) Thomas commented he would iike to woik closely with the City in achieving these goals. Mayor Jabbour remarked that the City has basicaliy supported Mr. Reid in the past, noting that the City has not been requested to support anyone else for this board. Jabbour inquired how Thomas would go about improving the relationship between the participating cities and the watershed board. l^omas stated in his view the board should function as a resource to the cities and to allow the cities to have better input Into how the watershed district could be improved and maintained. One of his goals would be to develop and provide each city with a resource plan that would enable the cities to actively maintain their watershed district to a certain standard. Thomas commented that in his opinion there currently is a deficiency in predicting what issues will come up in the future and a failure on the part of the board to request input from the cities on how they would like the watershed district to be maintained. Thomas stated he would like to make it more of a joint effort before the board and the cities by developing an overall comprehensive plan for the watershed district. Sansevere indicated i ^ Is in support of Thomas’ ideas and goals. Flint stated in his view there is too much emphasis being placed on engineering solutions, which are not resolving the problems. Flint remarked that the City of Orono is taking steps to insure that hardcover is limited along the lakeshore and to keep the area as natural as possible. Thomas stated in his view the board needs to have common sense solutions to the problems with the watershed district and to provide the communities with accurate and adequate information on how to best maintain the watershed district so they could enact ordinances to maintain and improve the water quality. Flint stated he is impressed with Mr. Thomas, but feels that the City should wait to see if there are any other applicants for this position before drafting a letter supporting a particular individual. Thomas indicated that his interview is on April 13, with the board voting on April 20th. Mayor Jabbour suggested this item be discussed at their Thursday morning work session and to authorize Staff to draft a letter supporting Mr. Thomas but to delay sending it until after the April 12th City Council meeting in the event that another candidate approaches the City requesting ADMINISTRATOR’S REPORT (#15) Hi R REQUEST - 485 ORONO ORCHARD ROAD Bruce Palmer, on behalf ol Hamm, was present. Gaffron stated that the City has receive^^npdQjed letter of request and a site evaluation report indicating that the potential drainfield site northeas^JMti^iouse is usable; however, there are some minor downsides relating to use of the site. NumbenM^troe large pine trees will have to be removed to make use of the primary site; and number two. ap^Ritf^f^a wooded newer-growth buffer area between the house and the road would have to be removedtOTiMke use of the alternate site. Page 6 C REQUEST FOR COUNCIL ACTION DATE: February 25,2000 ITEM NO: j ^ Department Approval: Name Lin Vee VW Administrator Reviewed: Title City Clerk Item Description: List of Licenses for Council Approval 4^ Agenda Section: Licenses SPECIAL EVENT PERMIT 1.Applicant: Event: Location: Date: Time: Clyde Gates Foot Race Wayzata Central Middle School to Luce line and approximately 41/2 miles out and back April 8.2000 8:30 a.m. -10:30 a.m. CIGARETTE LICENSE 1.James Anderst Jimmies Lounge 3380 Shoreline Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses.1 Date:February 18,2000 To:Lin Vee, City Clerk From:Gary Cheswick, Chief of Police Subject:Special Event Permit I have reviewed the application submitted by Clyde Gates for a special event permit regarding a foot race on April 8,2000. Providing the same requirements are met as described last year, I have no objection to the issuance of this permit. •4 I t 1. 2. 3. 4. APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (Ordinance No. 164, Second Series - Adopted 12/08/97) Make check payable to: City of Orono Mailing address: P.O. Box 66 Crystal Bay, MN 55323 FEE: $100.00 (February 1 -January o1) DATE Applicant's Full Name ----------------------------- FIRST Quah t.A^ MIDDLE Applicant's Home Address ^9 0 L^utix. HOUSE NUMBER yy ctiCi. LAST STREET HOME PHONE ttJ! 7/i CITY STATE ZIP Applicant's Business TYPE OF BUSINESS 0.' BUSINESS NAM l/yihA i sname’ o u. C,!D ' <4ll -3 J5X. BUSINESS PHONE ,v / / 3 "gr? P. O. Oo-v ,Iaii Annocce/^ STREET ADDRESS MAILING ADDRESS' CITY Describe how the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the custoer and the licensee or employee take^ place. ToLa./ / ri /5 -----QSslJL-----1/" OF ORONO. Date The issuance of a license under this ordinance shall be considered a privilege «PP»car>f and shall not entitle Uie holder to an automatic renewal of the license. 121197 3 2S Feb 2000 Fri 1:21 PM Check Reglecer City of Orono Check Number Date Name Q\eck Number 60819 60819 A.P.H.A. 2S-Feb-00 A.P.H.A. I Totals Check Number 60819 A.P.H.A. Check Number 60B20 ALISSA WirriERHElMER 60820 24-Feb-OO ALISSA WINTERHEIMER Totals Check Number 60820 ALISSA HINTERHEIMER Check Number 60821 ANCHOR PAPER Check Number 60823 BANYON DATA SYSTEMS 60823 2S-Feb-00 BANYON DATA SYSTEMS Totals Check Number 60823 BANYON DATA SYSTEMS Check Number 60824 BIFFS INC. 60824 24-Feb-OO BIFFS INC. Totals Check Number 60824 BIFFS INC Check Number 60825 BLACKOWIAK k SON 6082S 6082S 2S-Feb-00 25-Fcb-OO BLACKOWIAK k SON BLACKOWIAK k SON Totals Check Number 60825 BLACKOWIAK & SON Check Number 60826 BROWNELLS, INC 60826 25-Feb-OO BROWNELLS. INC Transaction Amount 100.00 100.00 175.00 175.00 150.00 150.00 135.06 135.06 73.90 191.72 270.62 17.17 Comments Page 1 rrvNkion meCHH® FEB 2 6 2000 CITY OH OROMO CCCNCZL MI.WTES 2/14/00 60821 25-Feb-OO ANCHOR PAPER 597.47 PAPia Totals Check Number 60821 ANCHOR PAPER 597.47 Check Number 60822 AT a T HIRELESS SERVICES 60822 25-Feb-OO AT a T WIRELESS SERVICES 33.77 CELL FKONE SERVICE 60822 25-Feb-OO AT a T WIRELESS SERVICES 61.29 CELL PHONE SERVICE 60822 25-Fcb-Ou AT a T WIRELESS SERVICES 5.76 CELL PHONE SERVICE 60822 25-Feb-OO AT a T WIRELESS SERVICES 5.76 CELL PHONE SERVICE Totals Check NUff^or 60822 AT a T WIRELESS SERVICES 106.58 VtlStA:' CONVERSION P0RTA2LS • BIDERWOOD REFVSS SERVICE l/OO REr:SE SERVICE 1/00 GU:; ECUIPMENT i i 1 25 Feb 2000 Fri 1:21 PM Check Register City of Orono Check Kumber Date Name Check Humber 60826 BROWNELLS. INC Totals Check Number 60B26 BROWNELLS, INC Check Number 60827 BUDGET PRINTING 60827 60827 60827 60827 60827 60827 60827 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Fcb-OO 25-Feb-OO 25-Feb-OO BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET PRINTING PRINTING PRINTING PRINTING PRINTING PRINTING PRINTING Totals Check Number 60827 BUDGET PRINTING 60829 CHUNKS LAKESHORE AUTOCheck Number 60829 60829 60829 60829 60829 60029 60829 60829 60829 60829 60829 60829 60829 60829 60829 60929 60829 60829 60929 60829 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb *0 25-Feb 00 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-*='cb-00 CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS CHUNKS OiUNXS CHUNKS CHV^lYiS CHUJiKS CHUNKS CHUTiKS CHUJiKS LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKEoHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE LAKESHORE AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO Totals Check Number 60829 CHUNKS LAKESHORE AUTO ChecK Number 60930 CITY OF MAPLE PLAIN 60830 60830 60930 60830 25-Feb-OO 25-Feb-OO 25-Fcb-OO 25-Feb-OO Totals Ch^ck Number CITY OF MAPLE PLAIN CITY OF MAPLE PLAIN CITY OF MAPLE PLAIN CITY OF MAPLE PLMN 60830 CITY OF MAPLE PLAIN Transaction Amount 17.17 3.48 5.24 112.63 949.62 37.58 9.10 276.06 1,393.71 3.006.11 19.561.02 17,689.70 20.941.33 20.942.31 78.133.36 Page 2 Conumerits MAR.KERS FOR TRFC CONES SHIPPING CHGS TO BCA ENVELOPES. LETTERHEAD COMP PLAN BOOKS ENVELOPES. COVER STOCK PENS VEHICLE IMPND FORMS 516.28 ALTEP-NATOR - 8182 53.17 OIL CHANGE 8184 103.58 INS7AL M16 RACK 8181 13.10 TIGHTEN MIRROR 8179 41.55 MOUNT TIRES 8184 0.00 MOUNT TIRES 8184 19.65 REPLACE LUGS 8185 33.C2 OIL r-iA.NGE 8183 105.18 FUEL SYSTEM RPRS 8183 631.27 OIL. PLUGS. BRKS 8182 74.33 CK RGT WINDOW WASHER 186 27.88 FUSES • LGHT BAR 181 24.95 MOU?.- TIRES •8183 28.45 MOU?.- TIRES 8185 156.94 IDLER FULLY 8186 33.52 OIL C-UL‘.'3E 8180 156.41 FUEL SEKDING UNIT 8186 673.28 OIL C:-;3. FRNT END 8179 135.31 OIL CHG. DIAG.NOSTICS 8181 35.84 WIPER BLADE. TST BRKS 182 141.90 OIL CH'^ TRANSMSN 178 FIRE SERVICE YEAR 1994 FIRE SERVICE YEAR 1995 FIRE SERVICE YEAR 1996 FIRE SERVICE YEAR 1997 M 4 i • 2S Feb 2000 Fri li21 PM Check Register City of Orono Check Number Date Name \ Check Number 60831 60831 COFFEE MILL 25-Feb-OO COFFEE MILL Totals Check Number 60831 COFFEE MILL Cheik Vurber 60332 CONNELLY INDUSTRIAL ELEC. 60832 25-Feb-OO CCNDiELLY INDUSTRIAL ELEC. Totals Check Number 60832 CONTJELLY INDUSTRIAL ELEC, Check Numoer 6033 3 DAHLGREN SHP OLOW & UBA.N 60833 25-Feb-OO DAHLGREN ' AKDLCW k UBA14 Totals Check Number 60833 DAHLGREN SKARDLOW k L*3AN Gieck Number 60834 DCA • WIRE ONLY 60834 25-Feb-OO DCA - WIRE ONLY Totals Check Number 60334 DCA - WIRE ONLY Check Number 60835 DC LISH 60835 25-Fcb-OO DE LISH Totals Check Number 60835 DE LISH Check Numb<.r 60036 DELTA DENTAL 41 60036 60836 60936 25-Feb-OO 25-Feb 00 2SFcb-00 DELTA DENTAL DELTA DENTAL DELTA DENTAL Totals Check Number 60836 DELTA DENTAL Che"k Number 60837 DEDUTY REGISTRAR 25-Feb-OO DEPUTY REGISTRAK Totals Check Number 60837 r . JTY REGISTRAR Check Nurr.ber 60838 FEDEX 6083S 25-Feb-OO FEDEX Totals Check Number 60838 FEDEX Transaction Amount 303.00 303.00 163.70 163.70 213.39 213.39 1,877.60 1,877.60 77.23 77.23 -117.20 59.60 1.039.60 981.00 8.SO 8.SO 17.45 17.45 Page 3 Comments COFFEE SERVICE LS 021 FIRE SERVICE SPEDNINO ACCTS 2/20/00 B0.X LNCH-WRK SESSION MARCH DELTA DE.NTAL MARCH DELTA DENTAL MA^CH DELTA DENTAL LICENSE - CKIEF'S OXR DEL PACKET TO FLINT r 2S ^eb 2000 Fri PM Check Register City of Orono Page 4 Check Nuiaber Date Name Check Number 60839 G 6 K SERVICES Transaction Amount Comments 60839 24-Feb-OO G & K SERVICES 8.61 LCIIFORM - STEFFEN*HAGEN 60839 25-Feb-OO G & K SERVICES 77.62 UNIFORMS 60839 25-Feb-OO G & K SERVICES 15.28 UNIFORM-RATHBLU 60839 25-Feb-OO G 6 K SERVICES 9.67 UNIFO.RM - STEFFE.VHACEN Totals Check Number 60839 G & K SERVICES 111.18 Check Number 60840 GARY'S DIESEL SERVICE INC. 60840 25-Feb-OO GARY'S 1DIESEL SERVICE INC.337.04 VEHICLE INSPECTIONS Totals Check Nujnber 60840 GARY'S DIESEL SERVICE INC.337.04 Check Number 60842 GENUINE PARTS CO. 60842 25-Feb-OO GENUINE PARTS CO.23.41 WINTER WIPER 60842 25-Feb-OO GE.NUINE PARTS CO.18.21 PTO 60842 25-Feb-OO GENUINE PARTS CO.65.77 WIPER BLADES 60842 25-Feb-OO GENUINE PARTS CO.1^.16 WIPER BLADES 60842 25-Feb-OO GENUINE PARTS CO.3.47 FITTING 60842 25-Feb-OO GENUINE PARTS CO.6.94 FITTING 60842 25-Feb-OO GENUINE PARTS CO.12.65 OIL 60842 25-Feb-OO GENUINE PARTS CO.48.26 WIPER ULADE. TIRE CEMENT 60842 25-Feb-OO GENUINE PARTS CO.37.64 MARKER LIGHT 60842 25-Feb-OO GENUINE PARTS CO.7.60 WASHER FLUID 60842 25-Feb 00 GENUINE PARTS CO.18.35 MISC SUPPLIES 60842 25-Feb-OO GENUINE PARTS CO.42.59 ALARM 60842 25-Fcb-OO GEirjINE PARTS CO.-42.59 RETURN - AIA.RM 60842 25-Feb-OO GENUINE PARTS CO.6.37 TEE. BUSHING ' Totals Check Number 60842 GENUINE PARTS CO.261.83 Check Number 60843 GEO ANALYTICS 60843 25-Feb-OO GEO a:;alytics 5,873.25 JA.TUA.RY GOVERN TR-N'/SETUP Totals Check Number 6 084 3 GEO A.NALYTICS 5,873.25 Check Number 60844 GOPHER • state one-CALL INC. 60844 25-Feb-OO GOPHER STATE ONE-CALL INC.17.50 JANUARY LOCATES 60844 25-Feb-OO GOPHER STATE ONE-CALL INC.17.50 JAirJARY LOCATES Totals Check Number 60844 GOPHER STATE ONE-CALL INC.35.00 Check Number 60845 GOVERN Sr.TWARE 6084S 25-Feb-OO GOVERN SOFTWARE 2,808.00 SUPPO.RT-GVRN l/l-12/31/OO 2S Feb 2000 Pri 1:21 PM Check Register City of Orono Check Number Date Name Check Number 60845 60845 GOVERN SOFTWARE 25-Feb-OO GOVERN SOFTWARE Totals Check Number 60845 GOVERN SOFTWARE Check Number 60846 H a L MESABI 60846 24-Feb-00 H Si L MESABI Totals Check Number 60846 H Si L MESABI Check Number 60847 HENNEPIN COUNTY SHERIFF 60847 24-Feb-OO HENNEPIN COUJiTY SHERIFF Totals Check Number 60847 HEtINEPIN COUNTY SHERIFF Check Number 60848 HENNEPIN COUNTY TREASURER-GEN 60848 25-Feb-OO HENNEPIN COUNT/ TREASURER-GEN Totals Check Number 60848 HENTJEPIN COUNTY TREASURER-GEN Check Number 60849 KINSHAW k CULBERTSON 60849 60849 60949 24-Feb-00 24-Feb-OO 24-Feb-OO HINSHAW k CULBERTSCN HINS^tAW k CULBERTSCN HINSHAW k CULBERTSCN Totals Check Number 60849 HINSHAW k CULBERTSCN Check Number 00850 HINSHAW k CULBERTSON 6QBS0 24-Feb-OO HINSJIAW Si CUL3ERV3CN Totals Check Number 60850 HINSIIAW k C’L'^ERTSCN Check Number 60851 INTOXIMETERS 60851 25-Feb-OO irrroxiMLTERS Totals Check Number 60851 INTOXIMETERS Check Number 60952 LONG LAKE DIG A AUTO PARTS 60852 60852 24-Feb-OO 24-Feb-OO LONG LAKE DIG A AUTO PARTS LONG LAKE DIG A AUTO PARTS Totals Check Number 60852 LONG LAKE BIG A ALTO PARTS Transaction Amount 13.291.20 16.099.20 636.70 636.70 115.91 115.91 25.00 25.00 94.00 117.04 476.00 687.04 154.48 154.49 181.05 181.05 15.55 2.65 18.20 Page S Corxr.ents go'/sr:j software ELATES BCOKI.SG FEES 12/39 NOTARY REGISTRATION-BERRY EDGEWCOD HILLS SEWER STUBBS BAY RD CUL-DE-SAC LUZAICH CLEAR CUT TREES LLTAICH »24 9: - TREES MCLTHPIECES WIPER SLATES mis: SUPPLIES 1 1 ti t r IJIii i*»I in rt gltll m 25 Feb 2000 Fri 1:21 PM Check Register City of Orono Check Nurrber Date I?ame Check Number 609S3 60853 LONG LAKE POWER EQUIPMENT 25-Feb-OO LONG LAKE POWER EQUIPMEJrr Totals Check Number 60853 ? ONG LAKE POWER EQUIPME?rr Check NumJDer 6035*; ^!ALLOY MONTAGUE KAR^iOWSKI & CO 60354 25-Feb-OO MALLOY MOriTAGUE KAR-NOWSKI & CO Totals Check Number 60354 MALLOY MCfrTAGUE KARNOWSKX & CO Check Number 60356 MEDICA CHOICE 60356 25-Feb-OO MEDICA CHOICE 60356 25-Feb-OO MEDICA CHOICE 60356 25-Feb-OO MEDICA CHOICE 60856 25-Feb-OO MEDICA CHOICE 60856 25-Feb-OO MEDICA CHOICE 60856 25-rtb-OO MEDICA CHOICE 60956 25-Feb-OO MEDICA CHOICE 60956 25-Feb-OO MEDICA CHOICE 60956 25-Feb-OO MEDICA CHOICE 60856 25-Feb-OO MEDICA CHOICE 60956 25-Feb-OO MEDICA CHOICE 60956 25-Fcb-OO MEDICA CHOICE 60956 25-Feb-OO MEDICA CHOICE 6C95C 25-Feb-OO MEDICA CHOICE 60956 25-Feb-OO MEDICA CHOICE 60356 25-Feb-OO MEDICA CHOICE 60956 25-Feb-OO MEDICA CHOICE 60856 25-Feb-OO MEDICA CHOICE Totals Check Number 60856 MEDICA CHOICE Check Nurnbe:60957 MET COUTJCIL ENVIHD.TtKNTAL SVCS ^0357 25-Feb-OO MET CCUNCiL Err/IRONT-tENTAL SVCS Totals Check r.’umber 60357 MET CC’JTiCIL ENVIRON?-!ENTAL SVCS Check Number GcTbSS MILE 60353 25-Feb-OO MILE Totals Check Number 60859 MILE Check Number 60850 MN CHIEFS OF POL. ED.FO'JIIDATl 60359 25-Fcb-OO M.N CHIEFS OF POL. ED. FOCNDATI Transaction Amount 39.06 39.06 2.535.00 2.535.00 22.716.00 135.00 135.00 265.00 Comments BLTFE.R. SCRrWS ALT)IT PAYME.NT 91 202.23 MARCH .MEDICA ELECT 1.620.07 MARCH MEDICA ELECT -1,164.98 MARCH MEDICA ELECT 202.23 MARCH .MEDICA ELECT 606.69 MARCH .MEDICA ELECT 202.23 MARCH .MEDICA ELECT 4.156.74 MARCH MEDICA ELECT 202.22 MARCH M.EDICA LOW 1.363.36 MARCH .MEDICA LOW 553.62 MARCH .MEDICA LOW 202.23 MARCH .MEDICA HIGH 202.22 MARCH MEDICA HIGH 1.646.80 MARCH .MEDICA HIGH 606.69 MARCH .MEDICA HIGH 606.66 MARCH .MEDICA HIGH -640.63 MARCH .MEDICA HIGH 3.492.49 MARCH MEDICA HIGH 3.492.70 F-ARCH MEDICA HIGH 17.753.57 22.716.00 >*ARCH SEWSR CHARGES Page 6 C.--S-K CP.VING CLASS 2/11/00 c-::efs conference r \ I r 'V 2S Feb 2000 Check Register Page Fri 1:21 PM City of Orono Check Transaction Kufflber Date Name Amount Comments Check Number 60859 MN CHIEFS OF POL. ED. FOUMOATI Totals Check Number 60359 MN CHIEFS OF POL.ED. FOUNDATI 265.00 Check Number 60860 MN DEPT 01' HEALTH 60860 25-Feb-OO MN DEPT OF HEALTH 100.00 WATE.R SCHOOL - DEBAERE 60860 25-Feb-OO ^!N DEPT OF HEALTH 100.00 WATER SCHOOL - 03ERAINGER 60860 25-Feb-OO MN DEPT OF HEALTH 100.00 WATER SCHOOL - RATHBUN 60860 25-Feb-OO MN DEPT OF HEALTH 100.00 WATE.R SCHOOL - HANSEN 60860 25-Feb-OO MN DEPT OF HEALTH 100.00 WATER SCHOOL - BRINKHAUS Totals Check Number 60860 MN DEPT OF HEALTH 500.00 Check Humber 60861 M0R0WCZYNSKI« JIM £0361 2S-Feb-00 MOROWCZYl.’SKI, JIM 19.12 MEALS. PRKIN3 - TRAINING Totals Check Number 60861 MOROWCZYNSKI. JIM 18.12 Check Number 60862 MUNICILITE CO. 60862 25-Feb-OO MUNICILITE CO.94.37 LIGHT FOR PATCH TRUCK Totals Check Number 60962 MUNICILITE CO.94.37 Check Number 60864 NAVARRE HARDWARE 60864 24-Feb-OO NAVARRE HARDWA.RE 37.42 % BATTERIES 60864 24-Feb-OO NAVARRE HARDWA.RE 5.09 BATTERIES 60864 24-Feb-OO NAVARRE HARDWARE 17.C9 BRUSHES. SNDPPR, TAPE 60864 24-Feb-OO NAVARRE HARDWA.RB 37.26 BOLT CUTTER 60864 24-Feb-OO NAV/iRRE HARDWARE 1.67 CASLE. HRDWRE 60864 24 -Feb-00 NAVARRE HA.RDWARE 1.27 KEY 60864 24-Feb-OO NAV/VRRE HA.R: wARE 11.04 KEY. EN'ANEL 60864 24-Fcb-OO NAV;\RRE HA.RDW;iRB 5.72 Kr. iS 60864 24-Feb-OO NAVARRE HARDWARE 6.39 BATTERIES 60864 24-Feb-OO NAVARRE HARDWVvRE 1.27 KEY 60864 24-Feb-OO NAVARRE HARDWARE 7 93 vec :r 3 tape 60864 24-fcb-OO NAVARRE HARDWARE 4.25 MC*.Tr::::G tape 60864 24-Feb-OO NAVARRE HARDWA.RE 2.97 SW . 4 60864 24-Feb-OO NAVARRE HARDWARE 17.43 BATTERIES 60864 24-Feb-OO NAVARRE HARDWARE 17.54 PIrE. ENA^!EL 60864 24-Feb-OO NAVARRE HARDWARE 14.26 SCREWS, SHOPLIGHT 60864 24-Feb-OO NAVARRE HARDWARE -10.64 RErJ?-N - SHOPLIGHT 60864 24-Feb-OO NAVARRE HARDWARE 19.08 STRAP. SUPPLIES 60064 24-Feb-OO NAVARRE HARDWARE 61.99 B.RU5HES. ENAMEL 60864 24-Feb-OO NAVARRE HJ^DWARE -19.15 STOVE PAINT RETURN r 2S Feb 2000 Fri 1:21 PM Check Register City of Orono Check Number Date Name Check Number 60864 60864 NAVARRE HARDWARE 2 4 - Feb - 0 0 NAVARRE HARDWARE Totals Check Number 60864 NAVARRE HARDWARE Check Number 60865 OFFICE DEPOT 60365 60865 60865 60865 60865 60865 60865 60865 60865 60865 60865 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO Totals Check Number Check Number 60866 OFFICE ENVIROMENT BROKERS Transaction Amount 4.97 244.79 Page 8 Comments VELCRO. KEY RING OFFICE DEPOT 135.52 OFFICE SUPPLIES OFFICE DEPOT 165.65 OFFICE SUPPLIES OFFICE DEPOT 15.35 OFFICE SUPPLIES OFFICE DEPOT 18.77 OFFICE SUPPLIES OFFICE DEPOT 84.26 OFFICE SUPPLIES OFFICE DEPOT 103.00 OFFICE SUPPLIES OFFICE DEPOT 5.96 VHS TAPES OFFICE DEPOT 12.79 OFFICE SUPPLIES OFFICE DEPOT 15.65 OFFICE SUPPLIES OFFICE DEPOT 11.13 OFFICE SUPPLIES OFFICE DEPOT 103.77 LA.MP-PROJECTOR 60865 OFFICE DEPOT 671.85 60866 25-Feb-OO OFFICE E.T/IRCMENT BROKERS 723.03 WORKSTATION Totals Check Number 60866 OFFICE E^^;:ROME^T BROKERS 723.03 Check Number 60867 ON!A.N,LYLE 60867 25-Feb-OO OMA.N.LYLE 27.95 MILEAGE REIMBURSEMENT 60867 25-Feb-OO OMA.V.LYLE 27.70 MILEAGE REIMBURSEMENT 60867 25-Feb-OO OMAN.LYLE 28.92 MILEAGE REIhtBURSEMENT 60967 25-Feb-OO om;o;.LYLE 25.67 MILEAGE REIMBURSEMENT 60867 2'^-Feb-OO oxa:?.LYLE 18.85 MILEAGE REIMBURSEMENT Totals Check Number 60867 or-!A;;.LYLE 129.09 Check Number 60863 P-4 INC 60868 25-Feb-OO P-4 INC 116.91 MOUTHPIECES Totals Check Number 60869 P-4 INC 116.91 Check Number 60869 PLEAA 60969 25-Feb-OO PLEAA 10.00 DATA F.RIVACY CLASS 60869 25-Feb-OO PLEAA 10.00 DATA P.EIVACY CLASS Totals Check Number 60869 PLEAA 20.00 L;,-J--- - - - - -- 25 Feb 2000 Fri 1:21 PH Check Register City of Orono Check Humber Date Hame Check Humber 60S70 60870 ROM IHC. 25-Feb-OO ROM IHC. Totals Check Number 60870 ROM INC. Check Number 60871 SIGNS OF THE SEASON 60871 24-Feb-OO SIGNS OF THE SEASON Totals Check Humber 60871 SIGNS OF THE SEASON Check Humber 60872 SNYDER DRUG STORES 60872 60872 60872 24-Feb-OO 24-Feb-OO 24-Feb-OO SNYDER DRUG STORES SNYDER DRUG STORES SNYDER DRUG STORES Totals Check Number 60872 SNYDER DRUG STORES Check Number 60873 SPRAY CONTROL SYSTEMS 60873 25-Feb-00 SPRAY CONTROL SYSTEV^S Totals Chock Number 60973 SPRAY CONTROL SYSTEMS Gieck Number 60874 STAR TRIDUTIB 60874 25-Feb-OO STAR TRIDIRIS Totals Check Number 60874 STAR TRIBUNE Check Number 60875 STOP STICK LTD 60975 25-Feb-OO STOP STICK LTD Totals Check Nu-her 60975 STOP STICK LTD Totals Check Nu^er 60976 STREiaiERS Transaction Amount 267.50 267.50 112.00 112.00 9.33 3.18 1.41 13.92 368.01 369.01 111.80 111.80 378.50 378.50 1.968.30 Page 9 Comments SEWER LINE CLEAN OUT 4 TON ROAD SIGNS PHOTO DEVELOPING PHOTO DEVELOPING EN-'/ELOPSS FE.NDERS FOR PATCH TRK SU3SCRIPTI0N-STAR TRIB STOP STICK Check Number 60876 STREICHERS 60976 25-Fcb-OO STREICHERS 73.22 CUFFS. HOBBLE 60876 25'-Feb-00 STREICHERS 59.52 BELT. TIE DOViTJ 60876 25-Feb-OO STREICHERS 569.90 BALLISTIC VEST 60876 25-Feb-OO STREICHERS 39.95 TROUSERS.A.NDERSON 60976 25-Feb-OO STREICHERS 549.95 BALL VEST 60876 25-Feb-OO STREICHERS 12.73 TIE DOWN 60876 25-Feb-OO STREICHERS 44.13 i.RRiTA:rr 60976 25-Feb-OO STREICi... A.619.9u SIREN SWITCH-NEW SQUAD 25 reb 2000 Fri 1:21 PM Check Register City of Orono Check Number Date Name Check Number 60877 60877 STRINGER BUSINESS SYSTEMS 25-Feb*00 STRINGER BUSINESS SYSTEMS Totals Check Number 60877 STRINGER BUSINESS SYSTEMS Cneck Number 60878 SUN NEWSPAPERS 60878 25-Feb-OO SUN NEWSPAPERS Totals Check Number 60878 SUN NEWSPAPERS Check Number 60879 TMB CONSULTING INC 60879 60879 24-Feb-OO 24-Feb-OO TMB CONSULTING INC TMB CONSULTING INC Totals Check Number 60879 TMB CONSULTING INC Check Number 600 80 TOLL GAS k WELDING SUPPLY 60880 25-Feb-OO TOLL CAS 6 WELDING SUPPLY Totals Check Number 60880 TOLL GAS li WELDING SUPPLY Check Number 60881 TRACY TRIP? FUELS 60881 60881 24-Feb-OO 24-Fcb-OO TRACY TRIPP FUELS TRACY TRIPP FUELS Totals Check Number 60881 TRACY TRIPP FUELS Check Number 60882 US WEST INTERPRISF: 60382 iI-Feb-00 US WEST INTERPPISE Totals Check Number 60802 US WEST INTERPRISE Check Number 60883 USI 60883 Totals Check Number 25-Feb-OO •• USI 60883 USI Check Number 60084 WIDMER INC 60884 25-Feb-OO WIDMER INC Totals Check Number 6C304 WIDMER INC Transaction Amount 181.00 181.00 108.80 108.80 4.690.83 1.825.00 6.515.83 6.05 6.05 1,645.09 810.47 2.455.56 369.00 369.00 13.20 13.20 19.902.50 19.902.50 Page 10 Comments DRUM FOR FAX MACHINE ADV FOR RECORDER NErWORK UPGRADE NETWORK UPGRADE CYLINDER RENTAL 1239 CALS u:;lead£d 729.4 CALS DIESEL T1 LI.NE CC?J?ER GAURi) CRONO CRGl SWR - RFP 4 % 1% Vi 25 P«b 2000 Pri 1:21 PH Check Number Date Name Check Regiater City of Orono Transaction Amount Page 11 Comments rheck Number 608B5 60885 60885 WRIGHT HENNEPIN ELECTRIC 25-Feb-OO WRIGHT HENNEPIN ELECTRIC 25-Fcb-OO WRIGHT HENNEPIN ELECTRIC Totals Check Number 60385 WRIGHT HENNEPIN ELECTRIC 8.00 28.02 36.02 ELECTRICAL SERVICE ELECTRICAL SERVICE Check Number 60886 YOCUM OIL CO INC. 60886 25-Feb-OO YOCUM OIL CO INC.121.39 FUEL OIL - SHOP 60886 25-Feb-OO YOCUM OIL CO INC.185.34 FUEL OIL - CLUB HOUSE 60886 25-Feb-OO YOCUM OIL CO INC.217.69 FUEL OIL - CLUB HOUSE Totals Check Number 60896 YOCUM OIL CO JNC.524.41 Check Number 60887 YOUNGDAHL COMPANIES 60887 60887 60897 60887 60987 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO 25-Feb-OO Totals Check Number YOUNGDAHL COMPANIES YOUNGDAHL COMPANIES YOUNGDAHL COMPANIES YOUNGDAHL COMPANIES YOUIiGDAHL COMPANIES 60997 YOUNGDAHL COMPANIES 565.00 910.00 75.00 175.00 75.00 1,800.00 INS A3ENT 1ST QTR INS A3E.NT 1ST QTR INS AGE.NT 1ST QTR INS AGE.NT 1.ST QTR INS AGE.NT 1ST QTR Grand Total 193.362.02 24 Feb 2000 Thu 9120 AN Check Register City of Orono Check Number Employee Name Check Number 047212 047212 JOHNSON, NARY ANN Totals Check Number 047212 Check Number 047213 047213 BERRY. HEIDI N. Totals Check Number 047213 Check Number 047214 047214 HASEMAN. CAROLE A. Totals Check Number 047214 Check Number 047215 047215 HOORSE. RONALD J. Totals Check Number 047215 Check Number 047216 047216 VEE. LINDA S. Totals Check Number 047216 Check Number 047217 047217 KUEHN. THOMAS M. Totals Check Number 047217 Check Number 0472IB 047218 OLSON. RONALD J. Tot'»ls Check Number 047216 Check Number 047219 t 047219 PETTIT. SA.NDRA K. Totals Check Number 047219 Check Number 047220 Check Date 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-Oa 23-Fcb-OO 23»Feb-00 Page 1 Check Amount 561.43 561.43 706.00 706.00 768.05 768.05 1,571.88 1,571.88 1,158.59 1,158.59 1.076.14 1.076.14 24.14 24.14 102.54 102.54 1 24 Feb 2000 Thu 9:20 AM Check Register City of Orono Check Number Employee Name Check Number 047220 047220 ANDERS0N« BRUCE L. Totals Check Number 047220 Check Number 047221 047221 BOBZIEN« SUE A. Totals Check Number 047221 Check Number 047222 047222 BORIS, SCOTT W, Totals Check Number 047222 Check Number 047223 047223 BUDIO, STACIE M. Totals Check Number 047223 Check Number 047224 047224 CARLSON, MICHAEL D. Tot4Vi Check Number 047224 Check Number 047225 047225 CHESWrCK, CARY B. Totals Check Number 047225 Check Number 047226 047226 COWIICK, JAMES L. Totals Check Number 047226 I Check Number 047227 047227 DEMBOUSKI. JAY C. Totals Check Number 047227 Check Number 04722B 047224 ERICKSON, KURT R Check Hate 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO ■aa Page 2 Check Amount 417.94 417.94 677.46 677.46 1,035.51 1,035.51 646.61 646.61 218.54 218.54 1,549.37 1,548.37 1,385.22 1,385.22 1,302.59 1,302.59 1,277.03 34 P€b 2000 Thu 9:20 AM Check Register City of Orcno Check Number Employee Name Check Number 047228 Totals Check Number 047228 Check Number 047229 047229 FARNIOK. CORRET L. Totals Check Number 047229 Check Number 047230 047230 FISCHENICH, DAN T. Totals Check Number 047230 Check Number 047231 047231 FISCHER. CHRISTOPHER K, Totals Check Number 047231 Check Number 047232 047732 JOHNSON. JEFFREY Totals Check Number 047232 Check Number 047233 »047233 JOHNSON. BRADLEY P. Totals Check Number 047233 Check Number 047234 047234 MADSON. ADRIENNE M. Totals Check Number 047234 Check Number 047235 047235 MCNALLY. STLVEN A. Totals Check Number 047235 Check Number 047236 047236 MCNICHOLS. DAVID L. L._ _ Check Date 22-Feb-00 23-Feb-OO 23-Fcb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO Page 3 Check Amount 1.277.03 1.311 79 1.311.79 1.386.32 1.386.32 1.214.56 1.214.56 849.82 849.82 1.270.86 1.270.86 594.17 594.17 1.123.69 1.123.69 638.28 i 24 Feb 2000 Thu 9:20 AM Check Register City of Orono Check Number Employee Name Check Number 047236 Totals Check Number 047236 Check Number 047237 047237 K0R0WC2YNSKI. JAMES Touals Check Number 047237 Check Number 047238 347238 PERSELL, WILLIAM R. Totals Check Number 047238 Check Number 047239 047239 SCHOEN'HOFF, JOWI B. Totals Check Number 047239 Check Number 047240 047240 TOKCHECK, LAWRENCE F. Totals Check Number 047240 Check N^rr^er 047241 C47241 TOMCZYK, NARK W. Totals Check Number 047241 Oieck Number 047242 047242 WITTKE. A.NTHONY A. Totals Check Number 047242 Check Number 047243 047243 HENDRICKS, RONALD J. Totals Check Number 047243 Check Number 047244 047244 JENSEN. CHRISTOPHER £. Totals Check Number 047244 Check Date 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Fcb-OO Page 4 Check Amount 638.28 1.640.15 1.640.15 321.48 321.48 1*303.80 1,303.80 256.97 256.97 1,284.23 1,284.23 923.20 923.20 563.73 563.73 278.84 278.84 'J 24 Feb 2000 Thu 9:20 AH Check Register City of Orono Oieck Humber Employee Name Check Number 047245 047245 BOTTENBERG, WENDY C. Totals Check Number 047245 Check Number 047245 047246 DAVIS. MARK L. Totals Check Number 047246 Check Number 047247 047247 GAFFRON, MICHAEL P. Totals Check Number 047247 Check Number 047248 047248 GAPPA, GREGORY A. Totals Check Number 047248 Check Number 047249 047249 MEYER, WILLIAM C. Totals Check Number 047249 Check Number 047253 047250 OMAN. LYLE E. Totals Check Number 047250 Check Number 047251 047251 PENCE, CHRISTOPHER M. Totals Check Number 047251 Check Number 047252 047252 WEINBERGER. PAUL E. Totals Check Number 047252 Check Number 047253 047253 BRINKHAUS, JOHN F. Check Date 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-Feb-OO Page 5 Check Amouiit 1,047.85 1,047.85 1,081.98 1,081.98 1,181.11 1,181.11 1,638.94 1,638.94 517.91 517.91 476.82 476.82 873.37 873.37 1,185.36 1,185.36 1,065.67 . ft ^ u A. ? . ^ )il i; .kAi.' 24 Ptb 2000 Thu 9:20 AM Check Register City o£ Orono Check Number Employee Name Check Number 047253 Totals Check Number 047253 Check Number 047254 0^7254 DEBAERE, DONALD L. Totals Check Number 047254 Check Number 047255 047255 GREGORY. JAMES D. Totals Check Number 047255 Check Number 047256 047256 HANSEN. STEVEN Totals Check Number 047256 Check Number 047257 047257 OBERAICNER. SCOTT G. Totals Check Nutnber 047r''^7 Check Number 047258 047250 OBRIEN, RANDY L. Totals Check Number 047259 Check Number 047259 047259 PALMER. GREGORY A. Totals Check Number 047259 Check Number 047260 047260 RATHBU?!, BARRY J. Totals Check Number 047260 Check N‘ nber 047261 047261 SKREEN. DALE S. Check Date 23-Feb-OO 23-Feb-OO 23-Feb-OO 23-'-eb-00 23-Feb-OO 23-Fcb-OO 23-Feb-OO 23-Feb-OO Page 6 Check Amount 1.065.67 1.419.62 1.419.62 686.78 686.78 965.90 965.90 662.56 662.56 307.32 307.32 095.57 895.57 1.012.34 1.012.34 754.26 1 C^v 1i r -ft 24 Peb 2000 Thu 9:20 AM Check Register City of Orono Page 7 Check Number Employee Name Check Date Check Amount Check Number 047261 Totals Check Number 047261 754.26 Check Number 047262 047262 ROSS. JOHN A.23-Feb-OO Totals Check Number 047262 90.75 9C.75 Check Number 047263 047263 STEFFENHAGEN. RONALD E.23-Fcb-OO Totals Check Number 047263 Grand Total 1.170.09 1.178.09 46.562.13 24 Feb 2000 Thu 10:46 AM Check Register City of Orono Check Number Date Name Check Number 60806 60006 CITY COUNTY CREDIT UNION 23-Feb-00 CITY COUNTY CREDIT UNION Totals Check Number €0806 CITY COUNT! CREDIT UNION Check Number 60807 FIRST NATIONAL BANK OF LAKES 60807 60807 60807 23-Feb-OO 23-Feb-OO 23-Feb-OO FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 60807 FIRST NATIONAL BANK OF LAKES Check Number 60808 ICMA RETIREMENT TRUST - 457 60808 23-Feb-OO ICMA RETIREMENT TRUST - 457 Totals Check Number 60808 ICMA RETIREMENT TRUST - 457 Check Number 60809 LAW ENFORCMENT LABOR SERVICE 60809 23-Feb-OO LAW ENFORCMENT LABOR SERVICE Totals Check Number 60809 LAW ENFORCMENT LABOR SERVICE Check Number 60810 MINTiESOTA CHILD SUPPORT PM7 C7 60810 23-Feb-OO MirriESOTA CHILD SUPPORT PMT CT Totals Check Number 60910 MINNESOTA CHILD SUPPORT PMT CT Check Number 60811 MN DEPT OF REVENUE 60811 23-Fcb-OO MN DEPT OF REVE:3US Totals Check Number 60811 MN DEPT OF REVE»TJS Check Number 60812 ORCHARD TRUST CO. TRUSTEE/CUS7 60812 23-Feb-OO ORCHARD TRUST CO. TRUSTEE/CUST Totals Check Number 60812 ORCHARD TRUST CO. TRUSTEE/CUST Check Number 60813 PEDSCO/OOPJi 60813 23-Feb-OO PEBSCO/OBRA Totals Check Number 60813 PEBSCO/OBRA Transaction Amount 7.249.00 7.249.00 3.965.65 3.965.65 9.037.90 16.969.20 275.00 275.00 462.00 462.00 179.51 179.51 3.509^ 09 3.500.09 1.986.68 1.996.68 8.70 8.70 Page 1 Coinments SAVINGS W/H k TRANSFERRED FICA & MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H UNION DUES WH SKREEN 8001075572) STATE TAX W/K DEF COMP OBRA DEFERRED CCM? W/H 1 ^ I 24 Feb 2000 Thu 10:46 M Check Register City of Orono Check Number Date Name Check Number 60814 60814 PEBSCO/US CONP OF MAYORS 23-Feb-OO PEBSCO/US CONF OF MAYORS Totals Check Number 60814 PEBSCO/US CONF OF MAYORS Check Number 6081S PERA 60815 60815 23-Feb-OO 23-Feb-OO PERA PERA Totals Check Number 60815 PERA Check Number 6081 UNITED WAY 60816 23-Peb-OO UNITED WAY Totals Check Number 60816 UNITED WAY Check Number 60817 WISCONSIN SCTF 60817 23-Feb-OO WISCONSIN SCTF Totals Check Number 60817 WISCONSIN SCTF Grand Total Transaction Amount 2,658.00 2,658.00 4.383.63 5,669.04 10,052.67 28.00 28.00 184.62 184.62 43.562.47 Page 2 Comments USCM DEFERRED CCMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DCNATIC.SS W/H JOHNSON '•J r COUMCH.MSETtNS FEB 26 2000 CITY Oir OflONO information ITEMS COUNCIL MEETING 60UHn> MeFTINB fEB 2 8 2000 OF CITY OF ORONO iTB Him iiiiixyhiii linn iiirn ~~ unnurtr-tirT i r rr~ *«M r««. 7 i COl INCIL MSETINQ FEB 25 2000 TO:Mayor and City Council Department Heads ClTYOFORONO FROM: DATE: Ron Moorse, City Administrator February 17,2000 SUBJECT:Information Regarding “Endowment ” Fund Attached is information regarding the City of Minnetonka Community Investment Fund, which is an “endowment ” type of fund. In general, the annual expenditures from this fund are limited to 90% of the annual interest earned in the fund. In the late 1980 ’s, the City of Miimetonka had accumulated large surpluses in its Improvement Bond funds due to very large inver.tment returns on special assessment prepayments. The City wanted to determine how best to use these funds for the long-term benefit of the conununity. The City brought together a number of conununity leaders to develop a plan and guidelines for the long-term use of these funds. They developed the Community Investment Fund. The attached materials set out how the fund works. As indicated above, the key element of the fund is that expenditures from the fund are limited to an amount that will ensure the principal amount in the fund remains or grows over the long-term. This ensures the City will always have the benefit of this fund as a funding source for capital projects of benefit to the City that would not be possible without this fund. f I ) ) FEB-14-2000 09:24 ninnetonkh leCihl dept.6129393243 P.02'?)6 1210.00 Section 1210 - Community Invaitwent Fund ^Sy^ordyis-sls) 1210.00. Fund Created. There is hereby created a separate fund to be designated as the Community Investment Fund. This fund shall be maintained in the official city records administered by the Treasurer in accordance with the provisions of this section. All surplus moneys in each separate improvement fund in the Improvement Bond Redemption Fund which remain after the costs of each improvement have been fully funded# and which are not transferred to another separate improvement fund# shall be transferred to the Community investment Fund. In addition# the following shall be deposited in this fund: (a)All collections of special assessments and taxes levied for the payment of the costs of an improve ment which are received after the improvement costs have been fully funded# (b)Investment earnings generated by the moneys in the Community Investment Fund, and (c)Any other moneys appropriated by the Council or donated for the purposes of the fund. The principal of the fund shall consist of all transfers from the Improvement Bond Redemption Fund, subsequent collections of special assessments and taxes# and other moneys apprrpriated or donated to the fund, in addition# the principal shall be increased annually by an amount equal to ten percent of the investment earnings generated by the fund in the previous year. The remaining investment earnings shall not accrue to the principal and shall forever be treated as investment earnings available for expenditure in accordeuice with this section. 1210.05. Purpose of Fund. This fund shall be used solely to pay the capital costs of projects of general benefit to the City of Minnetonka. 1210.10. Expenditure Limitations. (a)Expenditures from the fund shall be made solely from accumulated investment earnings until 1993. In 1993 and beyond, expenditures shall be made only from accumulated investment earnings whenever possible. <b)Expenditures may be made from principal# but may not exceed an amount greater than the equivalent of the fund's investment earnings for the prior two consecutive years. l£ expenditures from principal are made# either they must be structured as a loan to repay the principal# or no further expenditures of any kind may be made from the fund until investment earnings have reestablished the -33BC - FEB-14-2000 09:24 MINtETOlKA LEGAL DEPT.6129398248 P.03 06 1210.15 principal at an amount equal to that existing before the expenditures plus ten percent of the investment earnings that would have been earned per year if the principal had not been reduced. 1210.15. Funding Preference. Expenditures from the fund for competing projects shall be granted in the following order of preference: (a)First Priorityx Projects which can be funded within amount of the available investment earnings. (b)Second Priority: projects using expenditures from principal funds which have the capacity to repay the principal amount borrowed. (c)Third priorityx Projects using expenditures from principal funds which have no other reasonable funding source, are non-revenue producing, require significant funding# and will provide otherwise unattainable community benefit. 1210.20. Funding Procedxire. Expenditures from the fund may be made only after con^lianee with the following procedure: (a)The project to be funded must have been included for at least two years in the city's formally-adopted capital improvement program. (b)The City Council must hold a public hearing on whether the proposed project should be funded. Notice specifying the date# time and place of the hearing# the project to be funded# and the amount of funding must be published at least ten days before the hearing in the city's official newspaper. In addition# efforts shall be made to. give notice to the community through other reasonable means# such as newspaper articles# cable television and any city newsletter. The public hearing must be held on two separate days at least 30 days apart. The date and time of the second meeting shall be announced at the first. (c)The City Council must make the following findings which shall be incorporated into an adopted resolution: (1)The project has sufficient community-wide benefit as determined by a review of its intended users# the degree to which it addresses a community-wide need or problem# and its consistency with other city goals# programs or policies. (2)The project to be funded could not occur but for the use of the Community Investment Fund. (3)The Community Investment Fund is not replacing funding from another previously programmed or available source. # (4)The project has been included in at least two I,IS'.; k If'i' •^ 5 f *Ir; ! > FEB-14-2000 09:24 MINNETOh^KA LEGAL DEPT.6129398243 P.04^,06 « J 1210.25 consecutiv# formally-approved capital improvement programs. (5)If principal is used, the project has the ability to reasonably repay the funds, and use of the principal does not exceed the equivalent of the last two years' investment earnings from the Community Investment Fund. (6)An estimate of the ongoing annual operating and maintenance costs has been made and the source(s) for paying such costs identified. (d)If any of the findings in paragraph (c) cannot be made and the project meets the expenditure limitations imposed in Section 1210.10, expenditures may be made from the fund only after the affirmative vote of at least five Council members. 1210.25. Administrative Expenditures. The limitations imposed in the sections above shall not apply to reasonable expenses necessary for the administration of the Community Investment Fund. 1210.30. Amendments. No amendments may be made to Section 1210.10(b) except upon the affirmative vote of at least six meroers of the Council. No other amendments to Section 1210 may be made except upon the affirmative vote of at least five members of the Council. e • • -- L41.Y rHfl rflfTlMli^l M**!!f I '■~l 11 I I T~r T 'i ~iffll I ■-ITT.•e YEAR iMi 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 TOTAL TRANSFER FROM SPECIAL ASSESSMENT FUND CITY OF MINNETONKA COMMUNITY INVESTMENT FUND FUND BALANCE TEN PERCENT NINETY PERCENT MTERESTTO MTERESTTO APPROPRIATED UNAPPROP^JATElT FUND BALANCE FUND BALANCE EXPENDITURES APPROPRIATED UNAPPROPRMTED FUND BALANCE FUND BALANCE w V 2; 4JI 24 2,1 1 I lirr. •III » I •i'll » 0 0 0 0 618A00. $5,620 45^1 66,327 88,798 84,147 91,523 123.430 123,172 119,844 110,809 106,807 6,682 150,583 408A76 596,947 799,184 757,323 823,707 1.110,865 1,108,548 14)78,592 995,336 961,267 $0 0 0 0 0 0 1,369,618 1^17A78 2,982,759 1.070,687 J7$Mr $4,0054)20 6AS1,051 9,117,378 13,206,176 15,290423 17,381446 18405476 18428448 18,748492 18,858485 18.965492 $50483 459450 14 »6406 1458490 2412413 8^436 JWO 3,177467 2489437 966,170 888419 1475479 $8591428 $7416,149 $18.965.692 $1475.679 t ' V.' 4 1^: 7 I-* I s•• fO 51 8 r PROJECT AMOUNT AUTHORIZED UNDBEROH Ce«TER WILLISTON CENTER ICE ARENA 8HA0Y OAK BEACH CULTURAL ARTS faiacklnp.wli2 HO -D $2.182W L. 1. 2, i; 2^ ll« I » |9^22J CITY OF MINNETONKA COMMUNITY INVESTMENT FUND ENOITURES PRIOR EXPENDED EXPENDED 1998 EXPENDED $imA09 821^ 188,780 0 0 $2J98jnS ■f V ■5 ‘ »f IT 1999 DED $203JN» 878.634 2.088,175 112,980 0 10 0 126A98 944,892 0 $2382.799 $1370,687 --r'-j; s ^ ■l ; ■f I. 10 0 0 85, 290; $370307 *■ / PROJECT BALANCE $0 0 0 58386 2,149,705 823I6361 A •nm t0I I 3• • D g .1 § r 690 City Center Drive, PO Box 14/ Chanfmen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safety Fax 612.934.2524 Web u’U'w.ci.chanlmen.mn.us ColiHrtK MfiETWO FEB 26 2000 February 11,2000 CITY UF ORONO Mayor Gabriel Jabbour P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Mayor Jabbour: The City of Chanhassen has been working diligently oyer the past six to nine months to deal with complicated issues concerning affordable housing. We haye had many meetings with consultants, experts, and Metropolitan Council staff regarding the nuances of this issue. It became eyident early on that with an issue as complicated as this, it would be extremely difficult for our elected officials, as lay people, to understand the twists and turns of affordable housing, liyable communities, and smart growth. To that end, 1 extended an invitation to the Metropolitan Council and Minnesota Housing Finance Agency to come to the City of Chanhassen and participate with us in a “back to school night ” to bring staff and elected officials alike up to speed on these difficult issues. At the same time, as these housing issues are largely regional in nature, I thought it prudent and appropriate to inyite you, as our neighbors, to participate with us in this educational opportunity. To that end, I would like to extend to you an inyitation to join us on Monday, .March 20 beginning at 5:30 p.m. at the Chanhassen Recreation Center, Room 4 in a discussion on affordable housing issues. Besides Chanhassen elected and appointed officials, Mr. Tom McElyyn and Mr. Guy Peterson of the Metropolitan Council, and Ms. Kit Hadley of the Minnesota Housing Finance Agency will be present to make a presentation on the topic and to engage the participants in discussion in an informal setting regarding these issues. We would welcome your participation with us at this eyent. In order to get a better idea of the number of attendees, please RSVP to Karen Engelhardt, City of Chanhassen at 937-1900 ext. 104 on or before March 10,2000. Additionally, when you RSVP, please identify for us who will be attending and what their position is with your organization. Please contact me directly if you have any questions. Sincerel Scott A. Botcher City Manager SAB:k scottb alTorddble housing conf doc The City of Chanhassen, A growing community with clean lakes, quality schools, a charming downtown, shriving businesses, and beautiful parks. A great place to live, work, and pi