HomeMy WebLinkAbout08-28-2000 Council PacketPublic A ttendance
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ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000 cOliKjoil MEETING
ROLL
AUU 2 8 2000
CITY Oh OhO/vO
The Council met on the above-mentioned date with the following members present: Mayor
Gabriel Jnbbour, Council Members Charles Kelley, Richard Flint, and Bob Sansevere.
Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior
Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant
Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services
Director Greg Gappa, and Recorder Alissa Wintemheimer. Council Member Barbara
Peterson was abs'-t.
Mayor Jabbour called the meeting to order at 7:02 p.m.
CONSENT AGENDA
1. Approve/Amend
Items 8,9, 10,11,13,14,15, 17,18,20, and 21 were added to the Consent Agenda.
Flint moved, and Sansevere seconded, to approve the consent agenda as amended.
Vote: Ayes 4, Nays 0.
APPR " ’AL OF MINUTES
*2. Regular Council Meeting of July 24,2000
Flint moved, and Sansevere seconded, to approve the Minutes of the Regular
Council Meeting of July 24,2000 as presented.
Vote: Ayes 4, Nays 0.
MARY HILL SMITH, METROPOLITAN COUNCIL—CERTIFICATE OF
APPRECIATION
Ms. Smith stated that in 1995 the Legislature passed an act that established the Livable
Communities Program. The purpose of the program is to provide a pot of money that
cities could use to leverage private money to improve their communities, through
affordable housing, smart growth, and brown field clean up. Since 1995, $10 million has
been given out. Orono is one of the communities that has participated in the program
since its inception. Governor Jesse Ventura and Council Chair Ted Mondale provided
Orono with a Certificate of Appreciation that states: “To Orono, a charter partner in the
Livable Communities Program, for your accomplishment in promoting smart growth.
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ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14, 2000
MARY HILL SMITH, METROPOLITAN COUNCIL —CERTIFICA TE OF
APPRECIA TION—Continued
housing, and clean up of polluted land for redevelopment.” Ms. Smith also stated that
Orono received a grant this year for affordable housing.
Mayor Jabbour thanked Ms. Smith for the award and indicated the City will be applying
for another grant.
MAPLE PLAIN FIRE DEPARTMENT —PRESENTATION
Assistant Chief Bart Kusske informed the Council that the department plans to replace its
second line pumper. The truck is worn out, was purchased in 1974 and refurbished once
in the mid-1980’s. A committee has decided to purchase an aerial truck, especially for
use in the industrial park and in the outlying areas where large houses are too tall for
ground ladders. The truck will be a first-out truck. It will cost $530,000. They have
$120,000 down, and will finance the remaining $410,000 over 10 years, at which time
they will own the truck. Orono’s yearly payment to fund the truck will be $2,000.
Kelley asked about the truck size. Kusske stated the truck is about 38 feet long and about
8 feet wide. It has a custom chassis that allows it to turn in a tight space, and the new
truck will access places their current truck won’t. It will take about 10 months to deliver.
The life expectancy of the truck is about 30 years.
Flint asked how the department avoids purchasing the same type of equipment that is
owned by a neighboring department, creating duplicate expenses. Kusske stated that the
fire departments work together closely. The closest station to a fire will be called out
first, then they call for back-up from other departments if needed. In some cases, as with
apartment buildings, the dispatch knows to send out multiple fire departments
simultaneously. He stated that the new aerial truck could be used as a pumper if it is not
first on the scene.
Kusske mentioned that many driveways to large homes in the area are too narrow for the
fire trucks to access the house. They would have to park the truck at the property
entrance and drag a hose up the drive with a pick-up truck.
PARK COMMISSION COMMENTS —IRENE SILBER, REPRESENTATIVE
Ms. Silber thanked the Council for designating the Crystal Bay land as a park. Mayor
Jabbour asked if staff had allocated money to show the City’s contribution to the park.
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ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000
PARK COMMISSION COMMENTS—Continued
Silber stated they will be holding the park tour on September 5, 2000 at 5:00 p.m., and
invited the Council members to attend.
Mayor Jabbour stated that he is concerned if the City uses DNR money to designate a
fishing pier, it might appear on park maps resulting in overuse.
PLANNING COMMISSION COMMENTS
None.
PUBLIC COMMENTS
None.
ZONING ADMINISTRATOR’S REPORT
3. U2S6S Bancor Group, Inc., Southwest Corner of Willow Drive North and Sixth
Avenue North—Willow View—Review of Entrance Monument Plan
David Newman was present representing the Bancor Group.
Weinberger stated that the entrance monument at the North entrance of Willow Drive
would be constructed on an island that splits the entrance. The structure consists of an
arch that would run parallel to the street and go over a pedestrian/bike path that crosses
the street. Material would be metal posts, giving it a '"gate" style appearance.
The proposed arch is shown 6 feet high and 8 feet wide. It is recommended the arch have
a clearance height of approximately 10 feet and a width of 12 feet, based on the MnDot
recommended clearance heights and widths for underpasses along bike trails.
The proposed monument shows a lamp light. It may be more appropriate to have in-
ground lighting to illuminate the monument, because the proposed lamp light may impact
adjacent residential structures.
Similar style mailbox supports and benches are proposed to establish a theme throughout
Willow View.
Mr. Newman stated they are trying to create an identity for the community. The
monument is designed to be reminiscent of a prairie school trellace. The signage is
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ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000
3. #2568 Bancor Group, Inc., Southwest Corner of Willow Drive North and Sixth
Avenue North—Willow View—Review of Entrance Monument Plan —Continued
minimal. The lighting was intended to be soft, with the effect of gas lighting. He stated
he w'ould have no problem conforming to MnDot guidelines for the sl 'gested height of
10 feet and width of 12 feet, or changing the lighting if it is the desire of the Council.
Mayor Jabbour asked if the monument would be in the way of City vehicles that need to
use the road. Gappa stated it would not.
Kelley stated he would prefer in-ground lighting of the monument and no lights on the
mailbox structures. Newman stated the mailbox lights were designed for security
purposes as well as ease of locating house numbers.
Mayor Jabbour moved, and Kelley seconded, to have staff work with the developer
to alter the Willow View monument plans to conform to Council recommendations:
the monument should be 10 feet high and 12 feet wide with in-ground lighting.
Vote: Ayes 4, Nays 0.
4. #2599 Bob and Wendy Beutler, 684 Tonkawa Road—Variances—Resolution No.
4504
Kelley stated that since the house is being tom down, and a new house being built from
scratch, he questioned the hardship for the average setback variance.
Weinberger stated that the owners want to construct a four-season porch that would
encroach 12 feet into the average lakeshore setback. The proposed design works well
with the land contours. The entire house is being moved back about 30 feet.
Flint stated he felt the proposed setback was a large improvement over the existing
setback, and he was willing to support the application. He also felt that the staff handled
his concern with future requests by stating that no decks or patios would be allowed to be
added within the hardcover limits in the future.
Mayor Jabbour stated that the law requires them to identify a hardship in order to grant a
variance. The neighbor’s house directly to the south sits well in front of the proposed
house creating a hardship. The house to the north is 14 feet higher, at the lowest
elevation than the proposed house.
Kelley asked if the addition w ould obstruct the view of the neighbor to the north, and
asked if the neighbor had seen the plans. Weinberger stated that the porch would not
obstmet the neighbor’s view, and the neighbor was mailed notification of the Public
Hearing.
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ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000•/. U2599 Bob and Wendy Beutler, 684 Tonkawa Road—Variances—Resolution No. 4504 —Contin ued
Flint moved, and Sansevere seconded, to approve Resolution No. 4504 granting
variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new
residential construction on a 0.68 acre lot where 1.0 acre is required and having a
lot width of 85 feet where 140 feet is required, and Section 10.56, Subdivision 16
(C)(6) to permit a 12 foot encroachment of the average lakeshore setback where no
encroachment is normally allowed.
Vote: Ayes 4, Nays 0.
*5. #2600 Brian Kerber, 740 Orchard Park Road—Variances—Resolution No.
4505
Flint moved, and Sansevere seconded, to approve Resolution No. 4505 granting
variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit
construction of a 2,160 square foot pole barn (60’ x 36*) where 2,000 square feet is
allowed, and Section 10.03, Subdivision 9 (D) to permit the existing garage to be
relocated on the property 72.9 feet from the north property line where 100 feet is
required.
Vote: Ayes 4, Nays 0.
6. #2602 Thomas and Jennifer Graham, 1065 Tamarack drive—Preliminary
Subdivision—Resolution No. 4506
Thomas and Jennifer Graham, and John Graham, son, were in attendance.
Weinberger stated that the developed 5.1 acre lot is proposed to be subdivided to create a
2.0 acre building site north of the existing house. Both proposed lots meet or exceed
standards of the Zoning and Subdivision Codes. Hennepin County has requested
additional right-of-way for trail purposes along County Road 6 that would require about
10 additional feet of right-of-way and would be dedicated on the final plat. The final
request from Hennepin County was 50 feet from the centerline of County Road 6.
An issue discussed was the future use of the accessory building, a bam currently used for
equipment storage, located on proposed Lot 1. The applicants have requested that the
accessory building be allowed to remain after the lot is subdivided as long as the two
properties remain in common ownership. The applicants have stated they would agree to
file a covenant on the chain of title alerting future property owners a time limit would
restrict the length of time the building would be permitted to remain on the property once
the lots are no longer under common ownership.
The Planning Commission recommended that the bam be removed or a residence
constmeted on Lot 1 within 18 months of recording the final plat, regardless of
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ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000
6. #2602 Thomas and Jennifer Graham, 1065 Tamarack drive—Preliminary
Subdivision —Resolution No. 4506—Continued
ownership. The applicants have requested that the 18 month time frame not go into effect
until the properties are no longer in common ownership.
Mr. Graham stated that they have no plans to sell the north lot and would like the bam to
remain for their use. Their purpose for the subdivision is to increase their options for the
future.
Kelley stated he feels it is premature to ask the applicants to give up their property rights
for an easement. Flint stated that Hennepin County would penalize the City by requiring
they pay for 100% of the right-of-way if they didn ’t take it at the time of the subdivision.
Moorse stated easements and right-of-ways get larger as an area is developed and use
increases. The applicant stated he felt the right-of-way issue is separate from the bam
issue and seems irrelevant to the subdivision application. Mayor Jabbour stated the
Council is not holding him hostage over the right-of-way issue, but the Council is in the
position of reviewing a policy decision that is expected to come into issue in the future.
Kelley questioned how the City would know when the properties are sold into separate
ownership. Barrett stated that the requirement would be listed in the property deeds, but
there would be no way to enforce it until somebody inquired about the barn ’s use. Flint
stated the policy is in place to prevent people having out buildings on a lot without a
primary' residence. Kelley stated he could not vote in favor of the applicant ’s request to
allow the bam as long the lots are in common ownership because it would require making
an exception to the rule.
Mayor Jabbour questioned whether the applicant could be reimbursed for the right-of-
way along County Road 6. Flint stated the applicant could not be reimbursed. Moorse
stated that the City asks for a trail easement with any subdivision along a trail route.
Gaffron stated that Hennepin County has had it on the books for 3 years that if a city does
not require an easement for future road or trail use at the time of a subdivision, the city
.vill pay 100%, otherwise the city will only pay 50%. Mayor Jabbour asked if the City
has any control over the County. Barrett stated he was not aware of any statutes giving
the City the right to stop the County from taking a right-of-way. Flint suggested plotting
the right-of-way as an easement and allowing the applicant to use the land until it is
needed.
Flint moved, and Sanscverc seconded, to approve Resolution No. 4506 granting
preliminary approval for a hvo lot subdivision of the property located at 1065
Tamarack Drive, owned by Thomas and Jennifer Graham, with the provision that
the accessory structure will not have to come into conformance until 12 months
after the lots are sold into separate ownership.
Vote: Aves 3, Nays 1 (Kelley).
ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000
*7. #2607 John and Maureen Vogt, and Michael and Ann Hilbelink, 350 Stubbs
Bay Road North—Final Subdivision —Resolution No. 4507
Flint moved, and Sansevere seconded, to approve Resolution No. 4507 approving
the plat of Tamarack Hill, owned by John and Maureen Vogt, and Michael and Ann
Hilbelink.
Vote: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
The Mayor/Council Report appears after item 14.
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PUBLIC SERVICE DIRECTOR’S REPORT
*8. Request for Payment #3—Highway 12 Lift Station
Flint moved, and Sansevere seconded, to approve Request for Payment #3,2000 Lift
Stations Project to Ford Construction, Inc. in the amount of $56,726.30.
Vote: Ayes 4, Nays 0.
*9. Request for Payment #1—^Webber Hills Sanitary Sewer Project
Flint moved, and Sansevere seconded, to approve Request for Payment #1, Webber
Hills Sanitary Project to Earth Burners, Inc. in the amount of $125,459.38.
Vote: Ayes 4, Nays 0.
*10. Request for Payment #3—Stubbs Bay Road Cul-de-sac
Flint moved, and Sansevere seconded, to approve Request for Payment #3, Stubbs
Road Cul-de-sac Project to Buffalo Bituminous, Inc. in the amount of $66,104.95.
Vote: Ayes 4, Nays 0.
*11. Highway 12 Lift Station Electric Service
Flint moved, and Sansevere seconded, to approve installation of an overhead
transformer for ♦he new Highway 12 sanitary sewer lift station by NSP for the
amount of $3,873.
Vote: Ayes 4, Nays 0.
ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000
12. Update on Mooney Lake Outlet Project
Doug Dayton was in attendance.
Gappa stated that the Council has already discussed this item as a “Draft Feasibility
Study,” and decided the project should be completed using Watershed District tax levy
general funds. The final report recommends allocating the project costs among the
property owners within the Mooney Lake watershed based on the “equivalent runoff
method.” This method assigns project costs based on the proportionate volume of runoff
from each community, resulting in the following project cost split: Orono 4%, Medina
15%, Plymouth 81%. If the project is financed using a cost allocation to the property
owners, the Watershed District should consider providing an option to spread the
allocation costs to the property owners over a 5 - 10 year period through an assessment
process, fhe process s’ ould be conducted by the Watershed District.
Gappa stated an assessment project is probably not feasible because it would be very
difficult to show the benefit of the project to property owners off the lakeshore, which
could result in many assessment appeals. Kelley stated they need to show the damage
created by high density on the Plymouth side. He suggested that the watershed may have
been changed by Plymouth storm sewers.
Flint noted that Mr. Dayton is donating the easement, and that increased runoff into the
lake could add 21 inches a year to the water level.
Flint moved, and Sansevere seconded, to have staff inform the other city
governments that the City of Orono has reviewed the final report and is in favor of
pursuing the Mooney Lake Outlet project and encourage them to help advance the
project.
Vote: Ayes 4, Nays 0.
*13. Crystal Bay Park Designation
Flint moved, and Sansevere seconded, to approve the designation of the former City
Hall and Public Work’s Site on South Brown Road, as described in the listed legal
descriptions, to the City’s Park system to be named “Cry stal Bay Park.”
Vote; Ayes 4, Nays 0.
*14. Cry stal Bay Post Office Window Replacement
Flint moved, and Sansevere seconded, to approve replacement of Crystal Bay Post
Office windows by Wayzata Window s, Inc. for the amount of S4,735 to be funded
from the 2000 Capital Improvement Budget.
Vote: Ayes 4, Nays 0.
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ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000
MAYOR/COUNCIL REPORT
Mayor Jabbour stated that Bob Erickson’s objection filed with MnDot has made the
federal government hesitant to issue the F.O.N.S.I. Finding of No Significant Impact.
Mr. Erickson has indicated he will withdraw his objections if the City will provide a left
turn lane for his commercial property and vacate a portion of a road. Lake Street, which
is abutting Lake Minnetonka. The City’s position is thai vacating Lake Street is not an
option for consideration and Mr. Erickson has already been told this numerous times.
MnDot has $500 million to spend in 3 years or lose the money. There is no way they can
spend the money in 3 years because their process to approve expenditures takes more
than 3 years. Mayor Jabbour suggested they appoint one person in charge of
coordinating efforts and attending to the needs of the City. He stated he would like the
Council to appoint Jim Murphy as the Council’s contact with MnDot. The Council
agreed with the suggested appointment.
CITY ADMINISTRATOR’S REPORT
*15. Appointment of 2000 Primary Election Judges—^Resolution No. 4508
Flint moved, and Sansevere seconded, to approve Resolution No. 4508 appointing
election judges for the September 12,2000 Primary Election.
Vote: Ayes 4, Nays 0.
16. Orono Area Sports Alliance Agreement
Moorse stated that the Orono School District’s Community Education staff are trying to
improve coordination, communication, and planning across the various youth sports
associations and cities in the School District. They have created the Orono Area Sports
Alliance Agreement, which creates an organization with membership from the Orono
School District, youth athletic associations, and the cities within the Orono School
District. Moorse suggested that he and the Public Services Director join the committee in
order to keep informed of activities.
Flint stated he does not approve of the structure that gives the District 4 representatives
while the cities and sport associations each have 1 representative. Moorse stated he
would follow up on that issue. He feels the board’s purpose is for coordination of
activities, and money will not be spent without representatives going back to their
organizations for approval. Kelley stated that Orono could be constantly voted to provide
facilities by the board. Flint stated he believed representation should be proportionate to
a city’s population. Kelley questioned why the board needs to vote if their purpose is to
l4M r.iMMMftiMTkfeW ,_________^
ORONO CITY COUNCIL MEETING
MONDAY, AUGUST 14,2000
OTHER
Moorse indicaieil a tree niirsery has a number of large trees that it must transplant this
year, and is offering them to the City at a significantly reduced price.
Jabbour moved, and Kelley seconded, to authorize staff to spend up to S10,000 for
trees to screen the City Facilities buildings and to screen the Public Works yard
area from the property to the east, and to approve the budget adjustment in the
General Fund to reflect the expenditure.
ADJOURNMENT
The meeting was adjourned at 10:05 p.m.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mavor
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REQUEST FOR COUNCIL ACTION
»MCf|. MEETING
AUG 2 8 2000
Cl IV l-'^OHO/VO
DATE: August 24, 2000
ITEM NO:
Department Approval:
Name Ron Moorse
Title City Administrator
Administrator Reviewed:Agenda Section:
City Administrator's
Report
Item Description: Award Sale of General Obligation Improvement Bonds, Series 2000 - Resolution
At its August 14, 2000 meeting, the City Council called for the sale of General Obligation
Improvement Bonds to fund sanitary sewer projects for three neighborhoods, which include Webber
Hills, Fox Ridge and East Long Lake. Ehlers & Associates, the City’s bond consultant, has
coordinated a competitive bid process for the sale of the bonds. The results of the sale will be
presented to the Council by Carolyn Drude, of Ehlers & Associates. The Council will then consider
the award of the sale of the bonds.
COUNCIL ACTION REQUESTED:
Motion to adopt a resolution awarding the sale of General Obligation Improvement Bonds,
Series 2000, in the amount of $925,000.
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. • •Member introduced the following written resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AWARDING SALE OF $925,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2000,
FIXING THE FORM AND SPECIFICATIONS
THEREOF, PROVIDING FOR THEIR EXECUTION AND
DELIVERY, AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as
follows:
1. The proposal of (the "Purchaser") to
purchase the $925,000 General Obligation Improvement Bonds, Series 2000 of the City at a
price of $__________plus accrued interest is hereby found and determined to be the best
proposal received pursuant to the Terms of Proposal, and shall be and is hereby accepted,
said offer being to purchase Bonds bearing interest according to year of maturity as follows:
Interest
Rate
Maturity Interest Maturity
IFebruarv 11 Hat^fFebruarv \ )
2002 %2010
2003 2011
2004 2012
2005 2013
2006 2014
2007 2015
2008 2016
2009
2. To provide funds for the City’s 2000 Improvement Projects as
described in paragraph 3 (the "Improvements"), the City hereby determines that it is
necessary and expedient to issue pursuant to Minnesota Statutes, Section 444.075 and
Chapter 429, its negotiable General Obligation Improvement Bonds, Series 2000 (the
"Bonds") in the aggregate principal amount of $925,000, dated September I, 2000, which
Bonds shall bear interest at the rates above set forth, computed on the basis of a 360-day year
of twelve 30-day months, payable August 1, 2001 and semiannually thereafter on February 1
and August 1 in each year, and shall mature serially on February 1 in the years and amounts
as follows:
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Year Amount Year A
2002 $25,000 2010 $65,000
2003 45,000 2011 65,000
2004 50,000 2012 70,000
2005 50,000 2013 75,000
2006 55,000 2014 80,000
2007 55,000 2015 85,000
2008 60,000 2016 85,000
2009 60,000
[The Bonds maturing on February 1,are subject to mandatory sinking fund redemption
and shall be redeemed in part at par plus accrued interest on the mandatory redemption dates
and in the principal amounts as follows;
February 1. Term Bonds
Mandatory Redemption Date Principal Amount
February 1,
February 1, *
$
The Bonds maturing on February 1,2016 are subject to mandatory sinking fund redemption
and shall be redeemed in part at par plus accrued interest on the mandatory redemption dates
and in the principal amounts as follows:
February 1.2016 Term Bonds
Mandatory Redemption Date Principal Amount
February 1,2014
February 1,2015
February 1,2016*
$
The principal amount of the Bonds maturing on February 1,and 2016 are required to be
redeemed on each mandatory redemption date as set forth aboye, may be reduced through the
earlier optional redemption thereof, with any partial optional redemptions of Bonds of such
maturities credited against future mandatory redemption requirements for such Bonds in such
order as the Council shall determine. In addition, on or prior to the 60 ‘*‘ day preceding any
mandatory redemption date, the Registrar and Paying
Final Maturity
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Agent may, and if directed by the City shall, purchase the Bonds maturing on February 1,
20 _and 2016 in an amount not exceeding the amount of the Bonds of such maturity
required to be redeemed on such date and at a price not exceeding the principal amount
thereof plus accrued interest. Any Bonds so purchased shall be canceled and the redemption
thereof shall be credited against the principal amount of Bonds of such maturity required to
be redeemed on the next mandatory redemption date.]
All Bonds maturing on or after February I, 2010, are subject to redemption and prior
payment in whole or in part in such order as the City may determine and by lot within a
maturity at the option of the City on February 1,2009, and any date thereafter at par and
accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond
Registrar shall assign to each Bond of such maturity then outstanding a distinctive number
for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it
determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like
maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were
assigned numbers so selected, but only so much of the principal amount of each Bond of a
denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number
assigned to it and so selected. The Bonds shall be numbered R-1 upwards in order of
issuance or in such other order as the Registrar may determine and shall be in the
denomination of $5,000 each or any integral multiple thereof not exceeding the amount
maturing in any year.
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3. The Bonds are being issued to provide financing of estimated costs in
the minimum amount of $911,767, including contract price, construction interest and legal,
fiscal and miscellaneous costs for certain local improvements of the City pursuant to the
authority of Chapter 429, Minnesota Statutes, referred to as East Long Lake, Fox Ridge and
Webber Hills, and also to provide additional interest in the amount of $13,233 in the form of
obligations as authorized in Section 475.56, Minnesota Statutes, consisting of bonds
maturing in 2002. The City Council has made all necessary investigation and hereby finds
and determines as follows:
a. The City Council has held a public hearing after due notice regarding
each such improvement and has ordered in each such improvement
b. Contract for the construction of each such improvement will be entered
into within the time prescribed by law.
c. Each such improvement will be a special benefit to property in the City
and that the total cost of such improvements is at least the amount set forth above.
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d. Special assessments for each such improvement may and will be levied
on the benefited property in an amount equal to at least 20% of the cost thereof.
4. The Bonds, the Registrar’s Authentication Certificate and the form of
assignment shail be in substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
No.
GENERAL OBLIGATION
IMPROVEMENT BOND, SERIES 2000
Interest Rate Maturity Date of Original Issue
September 1, 2000
CUSIP
Registered Owner:
Principal Amount:
The City of Orono, Hennepin County, Minnesota, for value received, hereby
promises to pay to the Registered Owner specified above, or registered assigns, the Principal
Amount specified above on the maturity date specified above, upon the presentation and
surrender hereof, and to pay to the Registered Owner hereof interest on such Principal
Amount at the Interest Rate specified above from September 1, 2000, or the most recent
interest payment date to which interest has been paid or duly provided for as specified below,
on February 1 and August 1 of each year, commencing August 1,2001, until said principal
amount is paid. Principal is payable in lawful money of the United States of America at the
office of U.S. Bank Trust National Association, in St. Paul, Minnesota, as Bond Registrar or
of its successor as Bond Registrar designated by the City upon 60 days’ notice to the
registered owners at their registered addresses. Interest shall be paid on each February 1 and
August I interest payment date by check or draft mailed to the person in whose name this
Bond is registered at the close of business on the 15th day of the month preceding each
interest payment date (whether or not a business day) at said person’s address set forth on the
registration books maintained by the Bond Registrar. Any such interest not punctually paid
or provided for will cease to be payable to the owner of record as of such regular record dates
and such defaulted interest may be paid to the person in whose name this Bond shall be
registered at the close of business on a special record date for the payment of such defaulted
interest established by the Bond Registrar.
[The Bonds of this maturing on February 1, 20_and February 1, 2016 are
subject to mandatory sinking fund redemption on February 1 in the years and amounts as set
forth in the Resolution described below.] The Bonds of this series maturing on or after
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Ut r .1
February 1, 2010, are subject to redemption at the option of the City, in whole or in part m
such order as the City may determine and by lot within a maturity, on February 1, 2009 and
any date thereafter at par and accrued interest. Thirty days ’ notice of prior redemption will
be given by mail to the bank where the Bonds are payable and to the registered owners in the
manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of
redemption shall not affect the validity of the proceedings for redemption. Any Bond called
for redemption, and for the payment of which moneys are set aside by the City on the
redemption date, shall not bear interest after the redemption date, regardless of any delay in
its presentation.
During such time as this Bond is registered in the name of Cede & Co., as
nominee of Depository Trust Company ("DTC"), the method of payment, notice of
redemption and certain other matters are subject to the terms of a Blanket Letter of
Representations executed by the City and DTC prior to the date of issuance of the Bonds as
such Blanket Letter of Representations may be amended from time to time.
This Bond is one of an issue of Bonds in the aggregate principal amount of
$925,000, all of like date and tenor except as to maturity, interest rate and redemption
privilege, issued pursuant to and in full conformity with the Constitution and Laws of the
State of Minnesota, including Section 444.075 and Chapter 429, Minnesota Statutes, for the
purpose of providing funds for various sewer improvements identified in the Resolution
described below; and this Bond is payable primarily from the net revenues of the City ’s
sewer system and special assessments levied or to be levied from its Improvement Bonds of
2000 Fund, but this Bond constitutes a general obligation of the City and to provide moneys
for the prompt and full payment of said principal and interest as the same become due the full
faith and credit of the City is hereby irrevocably pledged, and the City will levy ad valorem
taxes on all taxable property in the City, if required for such purpose, without limitation as to
rate or amount.
4
This Bond is transferable, as provided by the Resolution of the City Council
authorizing the issuance of the Bonds of this series adopted August 28, 2000 (the
"Resolution") only upon books of the City kept at the office of the Bond Registrar by the
Registered Owner hereof in person or by the Registered Owner’s duly authorized attorney,
upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by,
or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar
duly executed by, the Registered Owner hereof or the Registered Owner’s duly authorized
attorney, and, upon payment of any tax, fee or other governmental charge required to be paid
with respect to such transfer, one or more fully registered Bonds of the series of the same
principal amount, maturity and interest rate will be issued to the designated transferee or
transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof
for all purposes.
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The Bonds of this series are issuable only as fully registered bonds without
coupons in denominations of $5,000 or any integral multiple thereof not exceeding the
principal amount maturing in any one year. As provided in the Resolution and subject to
certain limitations therein set forth, the Bonds of this series are exchangeable for a like
aggregate principal amount of Bonds of this series of a different authorized denomination, as
requested by the Registered Owner or the owner ’s duly authorized attorney upon surrender
thereof to the Bond Registrar.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to happen
and to be performed precedent to and in the issuance of this Bond have been done, have
happened and have been performed in regular and due form, time and manner as required by
law and that this Bond, together with all other indebtedness of the City outstanding on the
date of its issuance, does not exceed any constitutional or statutory limitation of
indebtedness.
This Bond shall not be valid or become obligatory for any purpose until the
Certificate of Authentication and Registration hereon shall have been signed by the Bond
Registrar.
IN WITNESS WHEREOF, the City of Orono, Minnesota, by its City Council,
has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and
by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified
above.
Dated:
(Facsimile Signature!
Mayor
(Facsimile Signature!
City Clerk
Bond Registrar’s Certificate of Authentication and Registration
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> I
This is one of the Bonds described in the within mentioned Resolution and this
Bond has been registered as to principal and interest in the name of the Registered Owner
identified above on the registration books of the City of Orono, Minnesota.
U.S. BANK TRUST NATIONAL ASSOCIATION
Bond Registrar
Authorized Signature
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers
unto _____________________________________________________________
(Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights
thereunder, and hereby irrevocably constitutes and appoints______________attorney to
transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
*
Dated:
Please Insert Social Security
Number or Other Identifying
appears
Number of Assignee
Assignee
Notice: The signature to this assignment
must correspond with the name as it
on the face of this Bond in every particular,
without alteration or any change whatever.
Signature Guaranteed:
1
Signatures must be guaranteed by a
national bank or trust company or by
a brokerage firm having membership
in one of the major stock exchanges.
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5. The Bonds shall be payable upon presentation at the office of U.S. Bank
Trust National Association, in St. Paul, Minnesota, as Registrar and Paying Agent, or at the
offices of such other successor agents as the City may hereafter designate upon 60 days’
mailed notice to the registered owners at their registered addresses. Interest shall be paid by
check or draft of the Registrar mailed to the registered owners at their addresses shown on the
registration books on each interest payment date unless other arrangements satisfactory to the
Bond Registrar the City and the registered owners of Bonds are made. The City shall deposit
ftmds with the Bond Registrar at the time and in the manner necessary to provide for the full
and prompt payment of such principal and interest.
6. The Bonds shall be prepared in typewritten or printed form under the
direction of the City Clerk and when so prepared shall be executed on behalf of the City by the
facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds
shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond
Registrar is authorized and directed to register the Bonds initially issued hereunder in such
names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as
of September 1,2000, and all Bonds issued in exchange therefor shall be registered as of such
date, or, if issued after the first payment date, as of the most recent interest payment date on
which interest was paid or duly provided for. When the Bonds shall have been so prepared
and executed, they shall be delivered by the Finance Director in exchange for the purchase
price and upon receipt of the signed legal opinion of Faegre & Benson LLP, as Bond Counsel,
and the purchaser shall not be required to see to the proper application of the proceeds.
7. (a) For purposes of this paragraph 7, the following terms shall have
the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the
person recorded as the beneficial owner of such Bond by a Participant on the records of such
Participant, or such person ’s subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"DTC" shall mean Depository Trust Company, New York, New York.
"Participants" shall mean those broker-dealers, banks and other financial
institutions for which DTC holds Bonds as securities depository.
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"Representation Letter" shall mean the Blanket Letter of Representations from
the City to DTC, vvith respect to obligations issued from time to time by the City,
substantially in the form on file in the office of the City Clerk.
(b) The Bonds shall be initially issued as separate authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each stated
maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be
registered in the bond register of the City kept by the Registrar in the name of Cede & Co., as
nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and
exclusive owner of the Bonds registered in its name for the purposes of payment of the
principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed,
giving any notice permitted or required to be given to registered owners of Bonds under this
Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and
neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the
Registrar nor the City shall have any responsibility or obligation to any Participant, any
person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the registration books of the Registrar
as being a registered owner of any Bonds, with respect to the accuracy of any records
maintained by DTC or any Participant, with respect to the payment by DTC or any
Participant of any amount with respect to the principal of or interest on the Bonds, with
respect to any notice which is permitted or required to be given to owners of Bonds under
tliis Resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect to any
consent given or other action taken by DTC as registered owner of the Bonds. The Registrar
shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the
Representation Letter, and all such payments shall be valid and effective to fully satisfy and
dischargv the City's obligations with respect to the principal of and interest on the Bonds to
the exten. of the sum or sums so paid. No person other than DTC shall receive an
authenticated Bond for each separate stated maturity evidencing the obligation of the City to
make payments of principal and interest. Upon delivery by DTC to the Registrar of written
notice to the effect that DTC has determined to substitute a new nominee in place of Cede &
Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (f)
hereof.
(c) In the event the City determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC
of Bond certificates. In such event, the Bonds will be transferable in accordance with
subparagraph (0 hereof. DTC may determine to discontinue providing its services with
respect to the Bonds at any time by giving notice to the City and the Registrar and
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(b) for the purpose of refunding the principal of and interest on outstanding
Bonds not paid when due for lack of available net revenues.
So long as any of the Bonds are outstanding, the City covenants with and for the
benefit of each Bond holder that:
(a) The City will establish, maintain and collect such charges of the nature
authorized by Section 444.075, Minnesota Statutes, at the times and in the amounts
necessary so that the net revenues of the Sewer System, together with pledged special
assessments, will be sufficient to make the required payments into the Improvement
Bonds of 2000 Fund.
(b) The City will continue to own, operate and maintain the Sewer System of
the City as a revenue- producing utility free from all liens on the property thereof and
income therefrom other than the liens herein described or provided.
(c) The City will use its best efforts to comply with all applicable laws and
regulations of the United States of America and the State of Minnesota and each
department and agency thereof, including laws and regulations relating to public health
and water and sewer quality. The City will continue to use and operate the System to
the extent such use and operation is not prohibited by court order or regulation, but the
City may contest the validity or applicability of any law or regulation so long as the
System is not thereby subject to unreasonable penalties or risk of damage or forfeiture.
The City shall construct the improvements or extensions ultimately determined to be
necessary to comply with applicable laws or regulations so that the System may be used
and operated as a revenue-producing utility, and the City may issue additional
obligations secured by a parity lien on and ratably payable from the net revenues of the
System, as provided in paragraph 12 hereof, for the purpose of providing money for
said necessary improvements or extensions.
It is hereby found and determined that the foregoing revenues, will, together
with the estimated collection of pledged special assessments, produce at least five percent in
excess of the amount needed to meet when due the payments of principal and interest on the
Bonds; but the Bonds are general obligations of the City to which the full faith, credit and
unlimited taxing powers of the City have been and are hereby pledged; and the City Council
shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the
principal of and interest on the Bonds when due.
14. The City Clerk is authorized and directed to prep.tre and furnish to the
purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and
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records relating to the issuance of said General Obligation Improvement Bonds, Series 2000
and to the right, power and authority of the City and its officers to issue the same, and said
certified copies and certificates shall be deemed the represe»itations of the City as to all matters
stated therein.
15. The Official Statement relating to the Bonds, on file with the Clerk and
presented to this meeting, is hereby approved and its designation as a "near final" Official
Statement for purposes of Rule 15c2-l2 of the Securities and Exchange Commission and the
furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed,
insofar as the same relates to the Bonds and the sale thereof.
16. The officers of the City are hereby authorized and directed to prepare
and furnish to the Secretary of the Treasury a statement meeting the information reporting
requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the
"Code"), by the 15th day of the second calendar month after the close of the calendar quarter
in which the Bonds are issued.
17. The City shall not take or permit any action that would cause the Bonds
to be "private activity bonds" within the meaning of Section 141 of the Code. The City shall
comply with the rebate requirements imposed under Section 148(f) of the Code and
regulations thereunder, including (if applicable) the requirement to make periodic caiculations
of the amount subject to rebate thereunder and the requirement to make all required rebates to
the United States. The Finance Director of the City is hereby authorized to make on behalf of
the City all elections that he may deem necessary and expedient under Section 148 of the
Code. In addition, the City shall make no investment of funds that would cause the Bonds to
be "arbitrage bonds" within the meaning of Section 148 of tlie Code and regulations
thereunder. All terms used in this paragraph 17 shall have the meanings provided in the Code
and regulations thereunder.
18. The Bonds are hereby designated "qualified tax exempt obligations" for
purposes of Section 265(b)(3) of the Internal Revenue Code of 1986.
19. The City Clerk shall furnish a certified copy of this resolution to the
County Auditor of Hennepin County, and obtain the County Auditor ’s certificate as required
by law.
The motion for the adoption of the foregoing resolution was duly seconded by
Member__________________upon vote being taken thereon the following voted in favor
thereof:
and the following voted against the same:
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN
)
) SS
)
CITY OF ORONO )
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing
extinct of minutes of a meeting of the City Council of said City held August 28,2000 with the
original thereof on file and of record in my office and the same is a full, true and complete
transcript therefrom insofar as the same relates to the issuance and sale of $925,000 General
Obligation Improvement Bonds, Series 2000 of said City.
WITNESS My hand officially and the seal of the City this
August, 2000.
City Clerk
City of Orono, Minnesota
(Seal)
■1
a1
Ml.654941 01
♦.f1
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BID TABULATION
$925,000 General Obligation Improvement Bonds, Series 2000
City of Orono, MN
SALE: August 28, 2000
AWARD: DAIN RAUSCHER, INC.
RATING: Moody’s Investors Service "Aa1"BBI: 5.49%
NAME OF BIDDER RATE YEAR
4.25% 2002
4.30% 2003
4.35% 2004
4.40% 2005
4.50% 2006
4.55% 2007
4.60%2008
4.65%2009
4.70%2010
4.80%2011
4.90%2012
5.00%2013
5.10%2014
5.20%2015
5.30% 2016
4.30%2002
4.35%2003
4.40%2004
4.45%2005
4.50%2006
4.55%2007
4.60%2008
4.65%2009
4.75%2010
4.85%2011
4.95%2012
5.05%2013
5.15%2014
5.25%2015
5.30%2016
PRICE in/SJest
COST
TRUE
INTEREST
RATE
DAIN RAUSCHER, INC.
Minneapolis, MN
WELLS FARGO BROKERAGE SERVICES, LLC
Minneapolis, MN
$913,067.50 $443,581.67 5.0748%
$914,732.50 $444,843.75 5.0829%
'1 EHLERS
& ASSOCIATES INC
I EADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive. Roseville. MN 55113-1105
651.697.8500 la» 651.697.8555 www.ehlers-inc.com
Offices in Roseville. MN, Broolrlield, IVI and Naperville, IL
r,-
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$925,000 General Obligation Improvement Bonds, Series 2000
City of Orono, MN Page 2
NAME OF BIDDER RATE YEAR
U.S. BANCORP PIPER JAFFRAY 4.75%2002*2011
Minneapolis, MN 4.875%2012
5.00%2013-2014
5.125%2015-2016
MORGAN STANLEY DEAN WITTER 4.50%2002-2007
Chicago, IL 4.55%2008
PAINEWEBBER INC.4.65%2009
Chicago, IL 4.70%2010
4.80%2011
5.00%2012-2013
f -25%2014
t..i0%2015
5.30% 2016
CRONIN & COMPANY, INC.4.50%2002-2006
Minneapolis, MN 4.625%2007-2009
4.75% 2010
5.00%2011-2012 Term
5.10%2013-2014 Term
5.25%2015-2016 Term
MILLER, JOHNSON & KUEHN, INC.4.25%2002
Minneapolis, MN 4.30%2003
BERNARDI SECURITIES, INC.4.35%2004
Chicago, IL 4.40%2005
4.50%2006
4.60% 2007
4.65% 2008
4.70% 2009
4.80% 2010
5.00%2011-2012
5.15% 2013-2014
5.30%2015-2016
PRICE
NET
INTEREfiT
COSY
TRUE
INTEREST
RATE
$912,034.30 $444,842.48 5.1049%
$911,768.15 $446,332.68 5.1122%
$913,833.50 $447,196.67 5.1157%
$912,050.00 $451,175.00 5.1648%
i
BOND INDEX
Bond Buyer Index (20 Bond, 20 Years) Regional Index (20 Bond, 10 Years) Revenue Bond Index (25 Bond, 30 Years)
12 14 12 9 4
F M
S1234l234St234l294l234 *v 1234Sl23«'
AM JJA 8 ON
451234123413341234S12341234S12)4123412)4S
DJFM AM JJA
0
0
Prepared by Ehlers and Associates 8/25/00 BBI-B&W Chart 1
I ’i
8/25/00 BBI-B&W Chart 1
$1,190,(
BID TABULATION
General Obligation Improvement Bonds, Series 1999
City of Orono, Minnesota
SALE: June 28.1999
AWARD: MILLER JOHNSON & KUEHN. INC.
RATING: Moody's Investors Service, Inc. "Aal BBI: 5.45%
NAME OF BIDDER
MILLER JOHNSON & KUEHN. INC.
Minneapolis. Minnesota
CRONIN & COMPANY. INC.
Minneapolis. Minnesota
SALOMON SMITH BARNEY
Chicago. Illinois
DOUGHERTY SUMMIT SECURITIES LLC
Minneapolis, Minnesota
RATE YEAR
4.10%2001
4.20%2002
4.30%2003
4.40%2004
4.50%2005
4.60%2006
4.70%2007
4.75%2008
4.80%2009
4.90%2010
5.00%2011-2012 Term
5.10%2013-2015 Term
4.50%2001-2004
4.55%2005
4.65%2006
4.75%2007
4.85%2008
5.00%2009-2013
5.10%2014
5.15..2015
4.00%«• JCr-i
4.15%2002
4.30%2003
4.50%2004-2005 Term
4.70%2006-2007 Term
4.90%2008-2009 Term
5.00%2010-2011 Term
5.10%2012-2013 Term
5.20%2014-2015 Term
PRICE
NET
INTEREST
COST
TRUE
INTEREST
RATE
$1,174,530.00 $561,504.37 5.0668%
$1,177,375.35 $563,582.36 5.0819%
$1,175,125.00 $568,417.50 5.1261%
*$1S5,000 Term Bond due 2012 with mandatory redemption in 2011 .
**$300,000 Term Bond due 2015 with mandatory redemption in 2013 and 2014.
L.
EHLERS I
4 ASSOCIATES INC
EADERS IN PUBLIC FINANCE
3060 Centre Pomte Drive, Roseville. MN 551131105
651.697.8500 lex 651.697.8555 www.ehters-inc.com
Or/ices in Roseville. UN. BrookUeld. Wt end Neperville. IL
08/23/2000 17:50 ET
ATTN: Ron Mooree
Orcno
REF:N00D1319.0OU FR:N00DYS 10:9522494616 Pagt 1 of 2
MOODY’S ASSIGNS Aal RATING TO THE CITY OF ORONO’S (MN) SERIES 2000 G.O. BONDS
$5.6 MILLION IN DEBT AFFECTED
Orono (City of) MN
Municipality
Minnesota
Moody’s Rating
Issue Rating
General Obligation IniproveiDent Bonds» Series 2000 Aal
Sale Amount $925»000
Expected Sale Date 08/28/00
Rating Description General Obligation Unlimited Tax
NEW YORK) August 23» 2000 -- Moody’s has assigned a Aal rating, and stable
outlook, to the City of Orono’s (MN) $925,000 General Obligation Improvement
Bonds, Series 2000. Moody’s also affirms the Aal rating on the city’s
outstanding $4.7 million in general obligation bonds. Proceeds from the bonds,
secured by the city’s general obligation unlimited tax pledge but supported by
special assessments, will be used to finance improvements to the sewer system.
The rating reflects the city’s growing residential base with very high wealth
levels, proposed merger with the City of Long Lake, sound financial
operations, and moderate debt levels with rapid amortization.
WEALTHY MINNEAPOLIS SUBURB EXPERIENCING MANAGED GROWTH
Moody’S expects the city’s economic condition to remain strong due to its
favorable location 15 miles west of Minneapolis (rated Aaa), high value
residential development and wealthy population, and additional land available
for future development. Located on the northern shore of Lake Minnetonka, the
city has experienced continued high-end residential development on valuable
lakefront property. As a result of both new construction (averxf^ing
approximately 30 homes annually; and property value appreciation, the city’s
$1.2 billion tax base has averaged 7.4% annual growth over the. four
years. Land for approximately 400-500 new residential homes (? acre lots)
remains available. Evidencing the residential nature of the nity, 92% of the
tax base j.s residential, and six of the top ten taxpayers a> t ivldual
residences. Wealth levels and housing values are more thar. douc. (v the state,
and the high quality of the residential development is reflected in an
extremely high full value per capita of $154,092.
PROPOSED MERGER WITH THE CITY OF LONG LAKE SUBJECT TO SEPTEMBER VOTE
A merger with the city of Long Lake has been proposed which would create a new
city effective January 1, 2001. Already unanimously approved by both city
councils, residents from both cities will vote on the issue this September,
representing the final step in the merger approval process. It has been
reported that the consolidation would allow for more consistent development
efforts, and yield approximately $130,000 in combined reduced expenditures,
reflecting anticipated economies of scale. Moody’s believes that approval of
the merger would not adversely impact Orono*s credit fundamentals, given Long
Lake’s sound financial position, moderate debt and full valuation of $139
million, which is approximately 12% of Orono’s current full value.
N/23/2000 17:S0 ET REF:N00D1319.0011 FR:NOODYS 70:9522494616 Pagt 2 of 2
SOUND FINANCIAL POSITION EXPECTED TO CONTINUE
Moody*8 expects the city’s sound financial position to continue given a
history of conservative budgeting practices, resulting in the maintenance of
favorable levels of reserves. Three years of operating surpluses have resulted
in a General Fund balance of $2.2 million in fiscal 1999, or 53% of General
Fund revenues. In fiscal 1999, the water enterprise system received property
tax support to offset slower than anticipated development. Despite a slight
budgeted drawdown, officials expect a modest operating surplus for fiscal 2000
due to a favorable variance in revenues.
MODERATE DEBT BURDEN CHARACTERIZED BY RAPID AMORTIZATION
Moody’S expects the city’s moderate debt burden of 2.5% to decline due to
expected tax base growth, rapid principal amortization, and lack of future
borrowing plans. While the city’s direct debt level is low, at 0.7%, borrowing
by overlapping school districts comprises approximately 70% of the city’s debt
burden. Principal amortization is rapid with 83% paid in ten years.
KEY STATISTICS
1998 estimated population: 7,728
1998 full valuation: $1.2 billion
1998 full value per capita: $154,092
Debt burden: 2.5%
Payout of principal: (10 years): 83.0%
FY99 General Fund balance: $2.17 million (53% of General Fund revenues)
ANALYSTS:
Jonathan North, Analyst, Public Finance Group, Moody’s Investors Service
Dianne Golub, Backup Analyst, Public Finance Group, Moody’s Investors Service
Linda Ebrahim, Senior Credit Officer, Public Finance Group, Moody’s Investors
Service
CONTACTS:
Journalists: (212) 553-0376
Research Clients: (212) 553-1625
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REQUEST FOR COUNCIL ACTION
cm iMoii meeting
AUG 2 8 2000
CU Y or unuivu
DATE: August 24, 2000
ITEM NO:y
Department Approval:
Name Ron Moorse
Title City Administrator
Administrator Reviewed:Agenda Section:
City Administrator's
Report
Item Description: Presentation Regarding the 1999 Comprehensive Annual Financial
Report.
Ken Malloy of Malloy, Montague, Kanmowski. Radosevich and Company, P. A., the firm
that conducted the annual audit of the City’s finances, will present a brief summary of the
results of the audit and the City’s financial condition.
COUNCIL ACTION REQUESTED:
No action required.
LAKE MINNETONKA CONSERVATION DISTRICT
18338 Minnetonka Blvd.
Deephaven, MN 55391
745-0789
EXECUTIVE DIRECTOR NEWSLEHER
Gregory S. Nybeck
August 9,2000
meeting
? 8 2000
cur Of UttoisiQ
Big Island Task Force; In tlie fall of 1999, the District received public testimony that some activities have took place
in Cruiser ’s Cove which are causing public safety concerns. These activities included unlicensed special events,
over congestion in the area because of rafting, and the inability of the Water Patrol to patrol the area properly. A
Task Force was established to review the issues and to make recommendations back to the Board. The Task Force
recommended the establishment of public safety lanes, delineated by buoys, in this area for the 2000 boating
season to allow the Water Patrol better access and enhanced control of the activit:es.
The Board conducted a public hearing on a proposed public safety lane layout in this area for the 2000 boating
season on 2/23/00. Significant testimony was received at this public hearing, with concerns raised about the
proposed layout. Based on the testimony received from the public, changes were made to the proposed layout of
public safety lanes for the 2000 boating season. The buoys, which were purchased by the MN DNR, were installed
Ihe week prior to Memorial Day weekend. To date, the District office has received no complaints on the public
safety lanes established in Cmiser ’s Cove.
Exotics Management: The EWM Harvesting Program commenced on 6/12/00 and is planned through 9/1/00, with
a skeleton crew of three harvesters the last two weeks. The crew has recently completed the first round of
harvesting and has initiated the second round of harvesting in Carman and Old Channel Bays. Once harvesting has
been completed in these bays, the Program will move to Lower Lake, with an emphasis on Gideon, St. Albans, and
Grays Bays. Staff believes the Program should be in Upper Lake by the end of the week of 8/14/00 - 8/18/00, the
last week the Program will be fully staffed. Harvesting priorities, which are consistent with past years, are based
upon impediment to public boat navigation on the open water.
The new aquatic plant harvester, which was order in December of 1999, arrived to Lake hiinnetonka ori 7/9/00. The
purchase of the new harvester, which is being paid from donated, non-levied funds from the EWM Equipment
Reserve, increases the number of harvesters in the fleet from four to five. The purchase of the new harvester was
one recommendation of the EWM Harvesting Program Improvement Task Force in the fall of 1999. Other
recommendations of this Task Force, some of which included starting the Program earlier in the year, harvesting
later In the year, and longer work days, will be evaluated at the conclusion of the season. Please call the District
office if you have other suggestions on how to improve the EWM Harvesting Program or if we can be of assistance.
The District launched a zebra mussel billboard campaign at four Lake Minnetonka locations this past May.
Additionally. District staff worked with EWM/Exotics Task Force Chair Suerth on the distribution of an educational
poster and information at commercial facilities around Lake Minnetonka.
Review of Code fc. u. nversion of Use Proposals; This past January, the District received an application to re
develop a legal, non-conforming commercial facility to a multi-family development on St. Albans Bay. The Board, in
general, supported the proposed project; however, they recognized that there were problems with the Sections of
the Code relating to the 1:50’ General Rule and Conversion of Use principles.
The concept of changing these Code Sections was discussed at a number of subsequent Board meetings. At the
6/14/00 Regular meeting, the Board adopted LMCD Ordinance 169, which provides greater flexibility to maintain
EXECUTIVE DIRECTOR NEWSLEHER, 8/9/00, PAGE 2
some of the grandfathered status, mainly boat storage density. Certain conditions are imposed to maintain
grandfathered status, such as a decrease in boat storage density of at least 50%. The proposed application
received in January, which was from Mr. Kent Carlson, was approved by the Board at its 6/28/00 Regular meeting
under the new ordinance.
Increased Water Patrol Presence for 2001 Boa.ina Season; In the past year, The District has received a number
of concerns by agencies and the public at large regarding the use of Lake Minnetonka, with a common thread for the
need of increased law enforcement on Lake Minnetonka. In a previous letter, dated 7/24/00, the District has
encouraged the 14 member cities to discuss whether they support the increase of Water Patrol presence on Lake
Minnetonka by two Deputies, for five months, for the 2001 boating season and whether they are willing to share in
the costs for it. The District has encouraged feedback from the member communities by 8/15/00. Further details will
be provided when available.
Update on Special Deputy Litigation; In previous Newsletters, we have informed you that there have been a
number of challenges to the authority of Hennepin County Sheriffs Water Patrol Special Deputies on Lake
Minnetonka. Just to remind you, the District has been successful on all of these challenges with the exception of
one, where the District Court ruled in favor of the defendant. The District appealed the decision of the District Court
to the Minnesota Appellate Court in the fall of 1999, which resulted in the Appellate Court upholding the decision of
the District Court. The District petitioned the Minnesota Supreme Court to further review this case in February of this
year. The Minnesota Supreme Court agreed to the petition by the District and oral arguments on this case were
heard on 5/30/00. The District, to date, has not received a decision from the Minnesota Supreme Court on this case.
Further details will be provided when available.
2000 Lake Minnetonka Management Plan Projects: Consistent with the Management Plan for Lake Minnetonka,
three projects are currently being conducted this summer. Two of these projects, the 2000 Boat Density and User
Attitude Survey's, are currently being conducted by Schoell and Madson, Inc., with a report to be finalized sometime
in the latter part of this calendar year. The third project, a Lakeshore Inventory of Boat Storage, is being conducted
by District staff. The fieldwork has just been completed, with a preliminary report planned for Board review at a
September meeting. Finalized reports on these three projects will be fonwarded to the member cities after the Board
has approved them.
2001LMCD Budoet: The 2001 LMCD budget was certified by the Board at its 6/28/00 meeting and fonwarded to the
member cities on 6/29/00 in accordance with state enabling legislation. Minnesota State Statutes 103B.635 states
that the Board must on or before July 1 of each year prepare and submit a detailed budget of the District's needs, for
the next calendar year, to the governing body of each municipality in the District with a statement of the proportion of
the budget to be provided by each municipality. The approv^ budget has forwarded a total levy of $221,269.98 to
the 14 member communities. It is anticipated that reserve accounts for Administration and EWM/Exotics will both be
below agreed upon levels by 12/31/00.
On-Qolng Licenses/Permits; The District has completed the processing of all renewal without change applications
for licensed multiple docks, charter boats, liquor licenses, and special event permits. Currently, the District is
working on new applications submitted from the City of Mound and Shorewood Yacht Club. District staff has
completed the vast majority of mult'ple dock license inspections for 2000. Feel free to call the District office if you
have questions or concerns regarding a specific license/pemiit or a multiple dock license inspection.
Web Page: The LMCD’s new Web address is: http://www.lmcd.org.
5
1
. J ‘
*■ l':JL^.
LAKE MINNETONKA CONSERVATION DISTRICT
CO.. JOINED STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GENERAL AND BUDGETED SPECIAL REVENUE FUNDS
YEAR ENDED DECEMBER 31. 1999
REVENUE
Revenue from membership dues
Revenue from public agencies
Licenses and permits
Fines and forfeits
Contributions and donations
Interest on investments
Miscellaneous
TOTAL REVENUE
EXPENDITURES
Current
Personal services
Operating supplies
Public services
Repair and maintenance
Contract fees
Legal fees
Truck service
Other services
Other charges
Capital outlay
TOTAL EXPENDITURES
EXCESS (DEFICIENCY) OF REVENUE
OVER EXPENDITURES
OTHER FINANCING SOURCES (USES)
Operating transfers out
EXCESS (DERCIENCY) OF REVENUE
AND OTHER FINANCING SOURCES OVER
EXPENDITURES AND OTHER FINANCING USES
FUND BALANCE, JANUARY 1
FUND BALANCE, DECEMBER 31
See Notes to Financial Statements.
-6-
S (15,000)
General Fund
Budget Actual
Variance-
Favorable
(Unfavorable)
$ 109,208 $ 109,209 $ 1
102,100 110,257 8,157
40,000 24,616 (15.384)
10,000 9,951 (49)
2,000 1,770 (230)
263,308 255,803 (7.505)
121,168 125,823 (4.655)
11,350
m
12,464 (1,114)
2,500 1,370 1,130
52,000 68,834 (16,834)
37,500
••
14,696 22,804
50,790 39,301 11,489
3,000 545 2,455
278,308 263,033 15,275
(15,000)(7,230)7,770
-•
S 111,300
(7,230) $ 7,770
C=SBBBSBB=
118,530
..............I ~i« I |i~M I I m
n
M
■
LAKE MINNETONKA CONSERVATION DISTRICT
STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
EURASIAN MILFOIL FUND
YEAR ENDED DECEMBER 31. 1999
(With comparative actual amounts for the year ended December 31,1998)
REVENUE
Revenue ftom membership dues
Revenue from public agencies
Interest on investments
TOTAL REVENUE
EXPENDITURES
Current
Personal services
Operating supplies
Repair and maintenance
Contract fees
Truck service
Other services
Other charges
TOTAL EXPENDITURES
EXCESS (DEFICIENCY) OF REVENUE
OVER EXPENDITURES
OTHER FINANCING SOURCES (USES)
Operating transfers in
Operating transfers out
TOTAL OTHER FINANCING SOURCES (USES)
EXCESS (DEFICIENCY) OF REVENUE AND
OTHER FINANCING SOURCES OVER
EXPENDITURES AND OTHER FINANCING USES
FUND BALANCE, JANUARY 1
FUND BALANCE, DECEMBER 31
150,191
$ 93,426
1999 1998
Variance-
Favorable •
Budget Actual (Unfavorable)Actual
$ 42,000 $ 42,001 $ 1 $ 64,500
24,000 23,854 (146)23,854
8,000 8,829 829 8,543
74,000 74,684
684 96,897
24,800 26,902 (2.102)23,387
6,500 5,341 1,159 6,191
18,500 16,753 1,747 76,021
14,000 21,247 (7.247)
18,391
16,000 14,175 1,825 14,484
4,000 2,120 1.880 5,690
20,200 9,911 10,289 13,204
104,000 96,449 7,551 157,368
(30,000)(21,765)8,235 (60,471)
60,471
-(35,000)(35,000)(17,500)
1 (35,000) (35,000)
42,971
$ (30,000)(56.765)$ (26,765)(17,500)
167,691
$ 150,191
SBaaaaii .............
19-
Overview of Activity in the Districts Funds
General Fund
The general fund had expenditures in excess of revenue totaling S7.230. This decreased the fund balance to Si 11,300.
The fund balance currently is 42.3% ofl999 expenditures and transfers out. The District has a policy of maintaining
fund balance at 50% of planned expenditures. The decrease in 1999 resulted mainly from court fine revenue coming in
under budget and prosecution expense higher than budget. Also, a positive variance resulted from a planned $20,000
signage project that was not done in 1999. Although the District is below the fund balance target, the working capital is
still adequate but it should be monitored to ensure it doesn’t get any lower. The following graph shows the fund balance
as it relates to expenditures over the last 4 years.
Fund Balance and Expenditures It / t c
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$-4
m
1996
^ # Jr —- -r ^ . I
- J :
1997
1 XT.---------
1998 1999
'M■ Lifi
t -»2*
□ Fund balance
■ Expenditures
Special Revenue Funds
Save the Lake
This fund receives its revenue mainly from contributions and interest on investments. Revenue was $34,220 and
expendimres were $27,892. The fund balance increased $6,328 to finish at $182,095.
Eurasian Milfoil
The fund balance decreased $56,765 to $93,426. The District has a policy of maintaining fimd balance at 100% of
planned expenditures. The current level meets this requirement.
New Equipment Acquisition and Equipment Replacement
The only activity in these two funds in 1999 was interest on investments of $11,059 for New Equipment and $7,963
for Equipment Replacement and transfer of $35,000 from replacement to Milfoil.
• • •
Save the Lake presents
A PUBLIC TOUR OF "LAKESCAPING" GARDENING
VIEW THE LONG LAKE SHORELINE RESTORATION PROJECT TO LEARN
HOW "BUFFER ZONES" CAN IMPROVE LAKESHORE PROPERTY.
MEET WITH LAKESCAPING CONSULTANTS TO GAIN INSIGHT ON
PROTECTING YOUR SHORELINE AND BENEFITING THE LAKE.
. • .LAKESCAPING IS GOOD FOR THE LAKE. . .
m
DETER (
WITH TAL
MPROVE W-
QUALITY
X'JI
"A-
' A
II
ADD PRIVACY
AND BEAUTY
tract WILDLIFE
w
HORELINE EROSIO.
PLEASE JOIN US FOR A FREE DEMONSTRATION TOUR
9-11 AM • SATURDAY, SEPT. 9
NELSON'S BEACH • LONG LAKE
DIRECTIONS: NELSON'S BEACH IS LOCATED IN THE CENTER OF LONG LAKE
ON RT.146 JUST NORTH OF HIGHWAY 12
FOR MORE INFO: CALL THE LMCD OFFICE 952-745-0789
(Illustration courtesy of DNR s ' Lakescaping for Wildlife and Water Quality")
) •
r. -..A’
2.
3.
5.
This property is located in the LR-IC Zoning District, where 1/2 acre is the minimum
lot area. The property consists of 4,901 s.f.
The Orono Planning Commission reviewed this application on August 24,2000 and
recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A.The property has been developed for many years. The property owners have
stated the existing residence is in need of major repairs and would prefer to
construct a new house rather than remodel and add to the existing house. The
variances are required due to the small size of tb.e i<:.t. The lot size is .11 acre
in a Vi acre (.5) zoning district.
B. The house would meet the 10' side setback requirements.
C.It is not possible to meet a rear setback of 30' and maintain an adequate
setback to the lake or Crystal Bay Road, kioposed is an 8' setback to the rear
property line.
D.The lot is only 4,901 s.f which was plaited and developed prior to the
adoption of the zoning ordinance. It would not be possible to purchase
additional land from the adjacent residential properties as they are similar in
size to the subject lot.
E.To establish an adequate setback to the lakeshore and Crystal Bay Road, an
8' setback to the rear property line is appropriate. The property to the rear is
a 100' railroad right-of-way, not residential 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;
Page 2 of 6
fr..
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
6.The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by 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
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Sec .ion 10.56, Subdivision 16 (L)
to permit 836 s.f. (29%) hardcover in the 0-75' setback where 768.4 s.f. (27%) exists and none is allowed,
and 972 s.f. (47%) hardcover in the 75-250 ’ setback where 994 s.f (48%) exists and 25% is allowed; Section
10.55, Subdivision 8 to permit the proposed »-esidence 70* from the 929.4’ lakeshore where a minimum
setback of 75 ’ is required; Section 10.25, Subdivision 6 (B) to p'*rmit an 8 ’ rear yard setback where 30 ’ is
required and to permit new construction on the non-conforming lot less than .5 acre in the LR-IC district.
Approval is subject to the following conditions:
1.Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Coimcil review.
2.It is the intent of the City Council that variances to develop the lot to exceed allowed
hardcover would not be looked upon favorably.
3.
4.
The roof pitch of the structure shall not exceed 10:12.
Authorities granted by this variance run with the property not with the applicant, but
are permissive only and must be exercised by application for a building permit within
one year of the date of Council approval, or this variance will expire on that date
(August 28,2001).
5.Violation of or non-compliance with any of the terms and conditions of this variance
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
Page 3 of 6
(* nMr v n:^ M*' II ■ I .1 / - r I A. .1 -
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2'
6.The undersigned applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City or Orono, Minnesota at a regular meeting
held on the 28th day of August, 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 August,
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.
Notary Public
Page 4 of 6
L.....
%
K
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 )
day ofOn this__________
within and for said County, personally appeared
., 200 __, before me a Notary Public
.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
BflCSftCttU VULAht
t Exhibit A
wP v/«"‘ ^"'’ “^ct:» 0/*^'
Prepared For:
Sheryl Sc Larry Palm
• Donolcs found Iron monumnnl
NOTES
••Legal descrIpUon aw provided by client
•^Utls survey Is subject to sny facts that rnny he
disclosed by ti full and occurnte title scorch,
(ic. ensement for rood or encroachments, etc.)
“Lot Area: 5707 Square Fact
LEGAL DESCRIPTION
Lot 10. "rrALUCE’S ADDITION TO THE VILLAGE OF MINNETONKA BEACH
no^im iiAo nciMR,PRonosra hardcc ^r o-?i*cftOKs aii^waaL'LZii^j'saiff
nusuk*f9 107 4 *U)n IkMVyft A Omk*9/H SO It flb4Mkr«9«l«#SO ir tktSJVtft a Omkt tif SO n
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Page 6 of 6
8-21-00
To:Chair Hawn & Orono Commission Planning Commission Members
Ron Moorse, City Administrator
Paul Weinberger, Zoning Administrator/Planner
From:Bradley & Lori Bakke
(Neighbor sharing the East Lot Line at 3345 Crystal Bay Road)
Subject: #2593 Ace Properties
3349 Crystal Bay Road
Variances—Public Hearing
Back in 9-28-94 The City Orono approved the attached variance to add a new
deck & railing on top of the garage at 3349 Crystal Bay Road. ( Resolution #
3472, file #1961.)
The Orono Planning Commission recommended approval based upon:
3.
C. Deck & rails does not create a new view encroachment for
neighboring Properties.
If you allow variance applicants to build up above the area above the deck or
even to do the same with new construction, you would not be sticking to one
Of the conditions the Planning Commission required in order to recommend
approval for Resolution # 3472.
If you can’t get what you want the first time around why would it be OK to get
2^ variance upon the 1** variance in such a piece-meal fashion?
If you are will to set such a precedent why not just oper. the flood gates and
Change the 75' setback ordinance to a 70 ’ or 65 ’ setback.
The City Council found that by granting tne 1994 Variance it would not
adversely affect the light nor air of the neighboring property.
if you allow them to build 2 % stories within 75’ of the lake K will adversely affect
the sunlight, daylight & NW breeze onto my property. Where I now have a view
of the lake I will be looking at a 2 story sidewall.
Besides the 75’ setback, there are two other major concerns that could adversely
impact me.
r:
List of Exhibits
A
B
C
D
E
F
Application
Plat Map
Proposed Site Plan
Existing Site Plan
Lakeside Elevation
Property Owners Notification List
Issues
I. ronformitv to Zoning Code and Comprehensive Plan
The property has been developed for many years. The property owners have stated the existing
residence is in need of major repairs and would prefer to construct a new house rather than remodel
and add to the existing house. The variances are required due to the small size of the lot. The lot
size is .11 acre in a V2 acre (.5) zoning district.
It would not be possible to redevelop this site or improve the existing house without the need for
variances. Staff is supportive of the revised plan. The proposed house would not increase structural
coverage on the lot from what is there today. However the proposed building would be moved away
from the property line to the east to meet the 10' setback requirements.
It is not possible to meet a rear setback of 30' and maintain an adequate setback to the lake or Crystal
Bay Road. Proposed is an 8' setback to the rear property line. The City would prefer to have at least
10' for a rear yard setback to allow property owners additional space to maintain their properties.
Many lots along Crystal Bay Road have extended landscaped back yards into the railroad right-of-
way.
II. Hardship
To approve variances a hardship must be inherent in the land to allow granting of a variance. Staff
would suggest tlie following hardships in determining variance approval:
1.The lot has existed as a developed parcel for many years. The proposed development would
be consistent with other new construction in the area.
2.The lot is only 4,901 s.f. which was platted and developed prior to the adoption of the zoning
ordinance. It would not be possible to purchase additional land from the adjacent residential
properties as they are similar in size to the subject lot.
3.To establish an adequate setback to the lakeshore and Crystal Bay Road, an 8' setback to the
rear property line is appropriate. Note the propert)’ to the rear is a 100' railroad right-of-way,
not residential property.
4.The size of the proposed house is consistent with the size of the existing house. The
applicants have made every effort to reduce the size of the residence to meet the objectives
as established in the Comprehensive Plan for protection of Lake Minnetonka. Overall
structure and hardcover w ould not be significantly increased. Some structure and hardcover
is located on the railroad property that would be removed that had not been calculated into
existing structure or hardcover. All structure and hardcover located on the railroad property
would be removed prior to construction of a new residence.
i’
5.Hardcover within the 0-75' setback is required for driveway access to the property as Crystal
Bay Road is located within 75' of the lakeshore. No other access is available.
Staff Recommendation
Staff recommends approval based on the hardships noted above.
Options for Action
1. Recommend approval of variances.
2. Recommend denial of variances, stating reasons.
3. Table for additional information.
4. Other action.
L-. .
'■jr,
t
f
ANALYSIS WORKSHEET
Lot Area;
LR-IB Lot Area
Required 21,780 s.f. '/2 acre
Actual 4,901 s.f. .11 acre
Structural Coverage ;
Hardcover Calculations;
Total Lot Size Total Structural Coverage
4,901 s.f Allowed: 1,500 s.f
Existing: 1,080.4 s.f
Proposed: 1,082 s.f
Distance from Total area in Allowed Existing Proposed
shoreline setback hardcover hardcover hardcover
0-75’2,849 s.f 0 s.f (0%)768.4 s.f 836 s.f
(27%)(29 %)
75-250*2.052 s.f 513 s.f 994 s.f 972 s.f
(25%)(48%)(47%)
ANALYSIS WORKSHEET
.. i
r. ^ V-
Lot Area;
LR-IB Lot Area
Required 21,780 s.f. '/i acre
Actual 4,901 s.f. .11 acre
Structural Coveraee:
Total Lot Size Total SUiictural Coverage
4,901 s.f.Allowed: 1,500 s.f.
Existing: 1,080.4 s.f.
Proposed: 1,082 s.f.
i
Hardcover Calculations;
Distance from
shoreline
Total area in
setback
Allowed
hardcover
Existing
hardcover
1
Proposed
hardcover
0-75’2,849 s.f.0 s.f. (0%)768.4 s.f.
(27%)
836 s.f.
(29 %)
75-250’2.052 s.f.513 s.f.
(25%)
994 s.f.
(48%)
972 s.f.
(47%)
•
A
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i:
b.
m
CITY OF ORONO - VARIANCE APPLICATION
Initial Applicaiion 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 3349 Crystal Bay Road
Application # ^ ^
Date Received^ S~//7 jp 0
Amount Paid^
17-117-23 41 0023Property Identification Number (P.I.D.)______________
Attach legal description to application if not included on required survey.
Date Property Acquired, 06/07/99 (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present lise of property: __presidential ___pother (specify)
Zoning District: Zone 2RIC_______________________
APPLICANT
Name ace prq^rties, llc
Phone (home).
Phone fwork) 612-694-S8QQ ?»• »
Address: 5500 Anderson Estates Rd Citv:Maple Plain Zip: ssiSQ
OWNER (if different than applicant)
Name ___________________
Phone (home)
Phone (work)_
w
Address:City:.. 2ip:
% N . %
DESCRIPTION OF REQUEST Estimated Constmetion Cost $ '250.OOP.oo__
Describe request in detail: 10' x 43' addition per the attached survey.
(attach additional sheets if necessary)
0^''\ :
0 ^ Vvi.
VARIANCES REQUIRED
Lot Area
Setback:
___Lot Width
Front X Side
o-'isjrS'ZSO
X Hardcover Lot Coverage ’***^>»U
-
Rear Average Lakeshore
Other (specify)
HARDSraP/DESCRIPTION OF UNUSU.AL PROPERTY CONDITIONS
Describe undue haidship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: Lot width of 49.88 restric.^-----
house addition. There is no other "Area or Side" to place it on
due to hardcover limitations._ _ _ _ ___ _ _ ___ _ _ _ _ _ _ _ _ ___ _ _ _ _ _
(attach additional sheets if necessary)
n'in-a3-
VILLA(9fc IVliriNK
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iUN BATE iS/lt/tt HENNCPIN COUNTY PROPERTY INFORHATIOH SYSTEH
PROPERTY OWNERS LIST
REPORT MO. P1455401
PACE 13
BATCH StS
PROP AODR
OMMER NANE
TAXPAYER
NAHE/ABDR
SO 17-117-23 54 4052
44430 ADDRESS PENDING
MCLEOD CNTY REG RR AUTHORITY
DAKOTA RAIL INC
244 NORTH MILL ST
FERGUS FALLS IM 54537
PROP ADDR
ONNER NAME
TAXPAYER
HANE/AOBR
30 17-117-23 41 4423
•3344 CRYSTAL BAY RD
ACC PROPERTIES LLC
ACE PROPERTIES LLC
5445 STATE HMY HO 149
PLYNOUTH HM 55442
PROP Al
'ONNER NAME
TAXPAYER
NAMC/AOOR
50 17-117-23 41 4434
43335 CRYSTAL BAY RO
LIANE PEPEK
LIANE PEPEK
S3SB CRYSTAL BAY RD
HAYZATA HN 55341
ONNER NAME
TAXPAYER
NANC/AOOR
30 17-117-23 44 4144
45244 NAVARRE LA
CLAIR T 0 LYNN D ROOD
CLAIR I LYNN ROOD
22IB KCNNOOD NAY
NAYZATA MN 55341
30 17-117-23 41 4421
43339 CRYSTAL BAY RD
J 0 I T J HOFER
JONATHAN I THERESA HOFER
3339 CRYSTAL BAY RD
HAYZATA HN 55391
SO 17-117-23 41 4422
43345 CRYSTAL BAY RD
B C t L A BAKKE
BRADLEY C BAKKE
7024 WEXFORD RD
EDINA HN 55439
30 17-117-23 41 4424
43355 CRYSTAL BAY RD
ELLEN DEHAVEN PETERSON
ELLEN DEHAVEN PETERSON
944 SHADY LA E
WAYZATA HM 55391
30 17-117-23 41 4425
43359 CRYSTAL BAY RD
NOBILE CELLULAR UNLTD INC
NOBILE CELLULAR UNLTD INC
7304 FRANCE AVE S
EDINA HN 55435 >•]
3B 17-117-23 44 4416
43345 CRYSTAL BAY RD
J R LOFRANO ETAL
J R LO FRANO
3545 CRYSTAL BAY RD
WAYZATA HM 55391
SO 17-117-23 44 4417
43349 CRYSTAL BAY RD
PAUL C NACEN
PAUL C HAGEN
3349 CRYSTAL BAY RD
WAYZATA MN 55391
30 17-117-25 44 4149
43284 NAVARRE LA
GRACE MARIE DAHL
GRACE MARIE DAHL
3204 NAVARRE LA
WAYZATA HN 55391
TOTAL BATCH 545 44411
1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE_
representation of information as it appears this date on the records srs SeISepim coSty department of property taxation, to the best
OF HY KNOWLEDGE AND BELIEF
DATE B B OO BY
J. I
i: H iV
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Completion Date: 7/15/00
60 Day Deadline: 9/05/00
CO/iMr^,, meeting
mg 2 8 2000
REQUEST FOR COUNCIL ACTION
Department Approval:
Name Wendy Bottenberg
Title Assistant Zoning Administrator/Planner
Cl I y ur umo /v (j
DATE: 8/28/00
ITEM NO.: (o
Agenda Section: Zoning
Item Description:#2603 Jim Renckens
3020 Watertown Road
Variance/CUP
Zoning District: RR-IB One Family Rural Residential District (2 Acre)
Lot Area: 1 1.825 acres
List of Exhibits:
A Resolution
B Flowage and Conservation Easement
C Notice of Planning Commission Action
D Staff Report and Exhibits of 8/21/2000
Application: The applicant has applied for a variance and CUP to permit the removal of
approximately 1600 yards of fill out of a City of Orono protected wetland. The pond would have
approximately 16,000 s.f of surface area. Maximum depth is proposed at 5 feet. Slope would be
a 10; 1 ratio. The wetland would be come a wildlife habitat pond with water and a nesting island in
the middle. The fill will be used to form berms on the left and right sides of the driveway along
Watertown Road and a berm south of the pond.
A permit was granted by the Minnehaha Creek Watershed District. The City engineer recommends
approval md staff feels the proposed land alteration will result in a positive improvement and
provide a higher quality wetland for wildlife and storm water management functions.
1. Section 10.55, Subd. 8: Development Restricted; Prohibition. Code does not allow land
alterations within designated wetlands without first seeking variance approval.
2. Section 10.03, Subd. 19-21: Conditional Use Permit required for excavation or dredging within
designated wetland.
PLANNING COMMISSION:
The Planning Commission recommended by a 5 to 0 vote to:
Approve the application as presented,
STAFF RECOMMENDATION:
To approve the enclosed resolution.
COUNCIL ACTION REQUESTED:
To adopt or amend the enclosed resolution.
i
.1
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A RESOLUTION GRANTING
A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8 AND A
CONDITIONAL USE PERMIT
PER SECTION 10.03, SUBDIVISION 19-21
FILE NO. 2603
WHEREAS, James R. Renckens and Debra A. Renckens, (hereinafter "the
applicants") are the owners of the property located at 3020 Watertown Road within the City of Orono
(hereinafter "the City") and legally described as follows:
That part of the South 1 170 feet, as measured along the west line thereof, of the West
Half of the Southwest Quarter of Section 33, Township 118, Range 23 West of the
5* Principal Meridian, lying east of the West 869 feet, thereof, as measured along the
south line thereof, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City to permit the removal of
approximately 1600 yards of fill from a 0.7 acre City of Orono protected wetland to create a wildlife
habitat pond requiring a variance to Municipal Code Section 10.55, Subdivision 8 and conditional
use permit per Section 10.03, Subdivision 19-21.
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 21,2000, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1.
2.
This application was reviewed as Zoning File #2603.
This property is located in the RR-IB Zoning District, where 2 acre or 87,120 s.f. is
the minimum lot area. The property consists of approximately 11.825 acres or
515,088 s.f.
Page 1 of 5
3.
5.
6.
7.
The Orono Planning Commission reviewed this application on August 21,2000 and
recommended approval by a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A.The excavation of fill and creation of an open water wildlife pond will result
in an improved or upgraded wetland providing greater surface runoff
detention and habitat for wildlife.
B.Approximately 1600 yards of fill will be removed from the existing wetland
creating approximately 16,000 s.f, of surface area.
C. Fill removed from the existing wetland will remain on the 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 finds that granting a conditional u.se permit to allow creation of a
wildlife habitat pond would not to be detrimental to the health, safety or general
welfare of the public, would not adversely affect light, air nor pose a fire hazard or
other danger to neighboring properties, nor will it depreciate surrounding property
values and that the proposed level of use of the property will be in keeping with the
intent and objectives of the Zoning Code and Comprehensive Plan r he City.
The City' Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City Staff, comments
by the applicants and the effect of the proposed variances on the health, safety and
welfare of the community.
Page 2 of 5
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Municipal Code Section 10.55, Subdivision 8 and conditional use permit per
Municipal Code Section 10.03, Subdivision 19-21 to permit the creation of a wildlife habitat
pond. Approval is subject to the following conditions:
1.
2.
3.
6.
7.
8.
Applicant shall abide by all conditions set forth in the MCWD Permit 00-139
approved 5/11/00.
Applicant/owner shall be responsible for maintaining adequate erosion control
until ground cover is restored to entire disturbed area.
The excavation of the pond will have no impact on drainage of adjacent
properties.
Applicant’s contractor shall complete final approved grades of the banks at 10:1
slope.
5. A flowage and conservation easement be granted to the City over the wetland.
Authorities granted by the variance and conditional use permit run with the
property not with the applicants, but are permissive only and must be exercised by
application for a permit within one year of the date of Council approval,
or the variance will expire on that date (August 28,2001).
Violation of or non-compliance with any of the terms and conditions of the
variance and conditional use permit 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 5
1
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
the 28th day of August, 2000.
I-' '-i ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owoier (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
August, 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.
Notary Public
V
Page 4 of 5
k*'
f
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of 2000, 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) jfree act and deed.
Notary Public
t” V
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
day ofOn this__________
within and for said County, personally appeared
,, 2000, before me a Notary Public
.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 5
t
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FLOWAGE AND CONSERVATION EASEMENT AGREEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this
and between ________
day of .19 ___,by
, and its heirs,
assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono,
its successors and assigns, a municipal corporation under the laws of the State of Minnesota
(hereinafter referred to as the Grantee.)
WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right
to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under
the conditions and covenants herein contained, the following described Land in the County of
Hennepin and State of Mirmesota:
as follows:
1. Grantor(s) hereby covenant(s) and agree(s):
» '»
A.No structures shall be constructed, erected, or placed upon, above, or beneath
the Land including without limitation, fences, fireplaces, steps, docks, piers,
hardcover or roads of any nature whatsoever, or any other structure or
improvement inconsistent with the natural state of the Izind.
B.No trees, shrubs or other vegetation shall be destroyed, cut or removed from
the Land except as authorized by written consent of Grantee.
C.No earth, loam, peat, gravel, soil or any other natural material or substance
shall be moved or removed from the Land and there shall be no dredging or
excavation of any nature whatsoever or any change of the topography of the
Land without the written consent of Grantee.
D.No soil, sand, gravel or other substance or material as landfill shall be placed,
dumped or stored upon the Land and no waste, trash or garbage shall be
placed, dumped or stored upon the Land.
Page 1 of3
i
E. No use shall be made of the Land except uses, if any, which will not change
or alter the natural condition of the Land, and no use w'hich would tend to
change the drainage, flood control, water conservation, erosion control, soil
conservation, fish and wildlife habitat characteristics shall be made of the
Land or the water situated thereon.
F. Grantee may enter upon the Land for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed
from the Land without any liability any structures, uses, materials,
substances, or unnatural matter inconsistent with the covenants contained
herein and the natural state of the Land.
2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage
• easement and right and privilege to trespass with water over and upon any or all of
the Land.
3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the
Grantee and any and all of its officers and employees of and from any and all claims,
demand or causes of action of any kind or nature whatsoever which may arise or
accrue by virtue of any flowage or trespass with water within terms of these
agreements.
In addition to any other remedy the grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
Grantor(s) do not intend that the public should have any interest in the above land by virtue
of this indenture or otherwise, except as hereinabove set forth.
The Grantor(s) herein certify that the land herein described are free and clear of all
encumbrances except:
All provisions hereof shall run with the land and shall extend to and bind the heirs,
successors, representatives, grantees or assigns of the respective parties hereto.
Page 2 of 3
t
f
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this
_____________,19___^.by.__________________
day of
NOTARY PUBLIC
STATE DEED TAX DUE HEREON:
This instrument is drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
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Page 3 of3
c.
CITY OF ORO \0
P.O. Box 66
Cr>stal Bay, MN 55323
612-249-4600
ZONING FILE # 2603
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: August 22,2000
TO: Jim Renckens
4680 Forestview Lane
Plymouth, MN 55442
COPIES: Steiner and Koppelman
18340 Miimetonka Blvd.
Wayzata, MN 55391
TYPE OF APPLICATION: Variance/Conditional Use Permit
DATE OF MEETING: August 21,2000 VOTE: 5 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as submitted.
Applicant's next scheduled meeting is confirmed as:
City Council on August 28,2000 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.
The proposal has been submitted to the Minnehaha Creek Watershed District and was granted
approval with conditions, including a requirement for security to ensure completion of requirements.
The conditions have been met and the permit has been issued. (Exhibit D). The City engineer has
also reviewed the proposal and has recommended approval. (Exhibit F).
Conditional Use Permit Guidelines:
The Planning Commission may recommend and the Council may grant a conditional use permit as
the use permit was applied for or in modified form, if on the basis of the application and the evidence
submitted, the City makes the following findings;
1. That the proposed location of the conditional use is in accord with the objectives of the
Zoning Chapter and the purposes of the district in which the site is located and
Comprehensive Municipal Plan.
The Conditional Use is for land alteration of greater than 500 cubic yards. The land
alteration is to occur in a wetland that is an Orono protected wetland, therefore a variance
is required.
2. That the proposed location of the conditional use and the proposed condition under which
it would be operated or maintained would not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
No fdl has been placed within the wetland to change its capacity and normal water level.
The excavated material will be used on the site. The pond would be a maximum depth of 5
feet and have a 1 foot perimeter bench.
3. That the proposed conditional use will comply with each of the applicable provisions of the
Zoning Chapter.
Because the pond is located in a protected wetland, a variance is required. A conditional
use permit is required only because land alteration greater than 500 cubic yards will occur
as part of this project.
Staff Recommendation:
Staff recommends approval of the variance and conditional use permit subject to the following
conditions:
1. A conservation and flowage easement be granted to the City over the wetland.
2. Erosion control measures be in place prior to excavation or construction activities.
3. The financial security required by MCWT) is sufficient to cover any City concerns re:
completion of the project.
U2603 James Renckens
3020 Watertown Road
Variance/CUP-p. 2
S'b
7.
it;
k' 1 •
TO:
FROM:
DATE:
SUBJECT:
Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
Wendy Bottenberg, Assistant Zoning Administrator/Planner
August 21,2000
#2603 ■ James Renckens
3020 Watertown Road
Variance/CUP -- Public Hearing
Zoning District:
Lot Area:
RR-IB One Family Lakeshore Residential District (2 acre)
515,088 s.f. (11.825 acres)
List of Exhibits
A Application
B Site Plan/ Survey
C Plat Map
D MCWD Permit
E City Engineer Letter
F Half Section Map of City Protected Wetland
G Sample Flowage and Conservation Easement
H Location Map
I Property Owner’s List
J Permit List
Pertinent Code Sections
1. Section 10.55, Subd. 8: Development Restricted; Prohibition. Except as hereinafter specifically
permitted, no filling, grading, dredging, excavation shall be allowed within the Flood Plain and
Wetlands Conservation Area, The Code does not allow land alterations within designated wetlands
without first seeking varia-ice approval.
2. Section 10.03, Subdivision 19-21: Conditional use permit required for excavation or dredging
within designated wetland.
Application Summary: The applicants have applied for a variance and conditional use permit
to permit the removal of approximately 1600 yards of fill out of a City of Orono protected wetland.
The pond would have approximately 16,000 s.f of surface area. The maximum depth is proposed
at 5 feet. The slope would be a 10:1 ratio. The wetland would become a wildlife habitat pond with
water and a nesting island in the middle. The fill will be used to form berms on the left and right
sides of the driveway along Watertown Road and a berm south of the pond.
In 1974, prior to the Wetlands Conser\ation Act, this wetland was classified as a Type 3, Glencoe
wetland. On a recent inspection, staff found reed and canary grasses and no standing water. The
excavation of the wetland will make it a Type 4 wetland. In this specific instance, staff feels the
proposed land alterations will result in a positive improvement and provide a higher quality wetland
for wildlife and stormwater management functions.
#2603 James Renckens
3020 Watertown Road
Variance/CUP~p. /
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JtE_02-50.FAX 952 448 7788 KLEIN FINANCIAL INC
,JUN.27.2000 BMIOM STEINER KOPPELMflN NO.422 P.2/4 @002
Pi
Applicatkm # 2- (p03
Date Received 7-5" O 0
Amount Paid SSo o
CITY OF ORONO - GENERAL LAND USE APPLICATION
PROPERTY LOCATION
Site Ad<lies9
.iiur< V t ^ fi t3 0 u)ai
Typo of Application to be Filed
Pretty Identification Number (P.I.D.)
appucantPUCAIMT y I
Name
Addreaa /83 Xfe AitjA City fA^A.y»e4a.
Phone (home)fi^^S-itSf
Phone fworki ^‘>3-^V3lS
Zip—
OWNER (if differo^ than applicant)
Nam e J Tm K
amu(Phone fliomel
Nam e oim rnone
ySW /it<€tfu*hnO City A
Phone fworkl
Zip <xrv^
Date Propeity Acquired
I (do)
fropeitsci (mondi/year)
also own the adjacent parcels of land,
FEES - CONDITIONAL USE PERMITS - p ^
X. variance request with CUP application '^//a^d
______ SnS.OO Residential Accessory Use
_____S250.00 Institutional (church, school, etc.)
_______ S22S.OO Oueat House/Ouest Apartments
________ $200.00 Duplex Credit/Bldg
_____$300.00 Commercial/Industiial Use
^_S250.00 Land Alteration
Grading and filling - designated wetland or floodplain
Grading and filling
Grading, seawall, retaining walls within 73' of lakeshore
PRD/PID • see Fee Schedule
$150.00 Renewal Fee (no change from original application)
After-the-Fact Fee - Double Current Application Fee
CyiHER appucations
______ S2SO.OO Commercial Site Plan Review (+ consultant fees)
_____$300.00 Vacation
_____S200.00 Easement Vacation
_______ $100.00 Easement Vacation With Subdivision
_________ $350.00 Rezoning (PUD - refer to fee schedule)
S3SO.OO Coropreheosive Plan Amendment
________ $100.00 Appeals
Ofiier - see Fee Schedule
V.-......•'r'
06£27 j 1M TIJL.Q9:50 FAX 952 448 7788 KI.KIN FINANCIAL INC
JUN.27.2000 8:42F!M STEINER KOPPELNRN NO.422 P.3/4 1^003
KEQUIRED SUBMITTALS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Completed AppUcatioa Form.
Describe request in detail.
Certified Property Owners List of owners within 3 SO', labels and plat map (you
must obtain t^ list, labels and map from Hennepin County Department of Finance,
A-603, Government Center, 348-3271).
Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey
information.
Attach legal description to application if not included on required survey.
Topographic survey (existing and proposed contours) if land alterations involve
changes in elevatioo (grades).
List of the legal names (include marital status) of all persons with an interest in the
property. This would i^lude name(s) of applicant(s) if not current ownetfs).
Coirstruction plan, if applicable (see staff for requirements).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
YOU ABE BEQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY
FOR REPRODUCTION (U" X 17" OR SMALLER) FOR ALL DOCUMENTS
SUBMITTED. (Staff will require to scale drawings of aU documents, plana, etc. to be
submitted.)
The Applicant and Property Owner must sign this application. Please remember that your
application is not complete if the above information has not been included.
Certification by Clerical Department that Land Use Application is complete.
Initials of Clerical Staff:__________________________ Date _c::)
APPUCANT’S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to p ''v additional fees (staff time not covered by original fee payment)
and/or onnuunl expenses inct Ted in review of this application, and certifies that the information
supplied is true and correct^the best of his/her knowledge.
Applicant's signature Date
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and fhrther authorized reasonable
entry onto the property by City staff, consultants, agents, commission members, and Council
members for purposes of investigation and verification of this request.
Owner's signature Date
Applicant must have all submittals Into the City offices 25 days before the Planning Commission Meeting.
Plinniag 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 atiead a
scheduled meeting, please make arrangements to have an authorized agant attend in your place add advise the
Building A Zoning Office of this change prior to the meeting.
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i ^fUG-16-2000 10:04
Gray Fnshwaiir Cantor
Hwys. IS & 19, Navarre
MaS:
2SOOShadywoodRoad
Ettdsior, MN 55331-9576
Phonr(9S2) 471-0590
tac (852)471-0682
Bntf:
•dnrinOminnahahaoreeiLorg
Web Ska:
aiwMMnlnnetehacreelUNg
board of Managare
PamaiaG.BIIxt
JamnCalMns
Lance Fisher
Monica Gross
Scott Thomas
MaleoknRaid
Robert Schroeder
0:s
niNNEHPHfl CREEK UPTERSHED 6124710682 P.02/02
Minnehaha Creek Watershed District
Improving Qu/xJi^ of Water, Quality of Life &
Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements
and inToimation contained In the permit application, correspondence, plans,
maps, and all other supporting data submitted by the applicant, all of which*are
made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the
applicant named below for use and development of land in the Minnehaha
Creek Watershed District.
Issued to: James Renckens Permit No- 00-139
Location: 3020 Watertown Road. Orono
Purpose: Rule B. Erosion Control and Rule D. Wetland Protection
Date of Issuance: 6/22/00 Date of Expiration: 5/12/2001
By Order of the Board of Managers
hilu.. A rrf\Jk
Barbara J.'Moeller
District Technician
This permit is not transferable, and is valid to the date of expiration. No activity
Is authorized beyond the expiration date. If the permittee requires more time to
complete the project, an application for renewal of the permit is required.
The applicant is responsible for compliance with all District Rules and for the
action of their representatives, contractors, and employees.
Conditions:Project to be completed as described In plans submitted to the
MCWD office on April 24. 00 and according to the provisions of
this permit
• Properly maintain all required MCWD Rule B. erosion control
measures until the disturbed areas are restabilized
• When the site is restablilized and the MCWD staff has
performed a final inspection, ail silt fences must be removed
• Silt fences must be orange in color
(Statement concerning fees for inspections, violations, etc... on reverse)
TOTAL P.02
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AUG-16-2000 10:06 MINNEHPlHfl CREEK WATERSHED
L-r?
6124710662 P.02/02'
Permit Application No.: 00^139
Applicant:
Project:
James Renckens
Rule: B. D
Wetland excavation for wildlife
enhancement______________
Location: 3020 Watertown Road. Orono
L
Received: 4/24/00
Complete: 4/25/00
Recommendation: --------------------------------
Approval. Permit should not be issued until the following conditions are met:
1. Sureties of $3,900 for erosion control and $5,550 for wetland alteration must be received.
2. A declaration for preservation of the wetland buffer must be executed and recorded.
3. Rule J fees must be paid.
Background:
The project plans for excavation of the wetland on the property to provide for wildlife
enhancements. Rules B and D apply.
Rules
The erosion control plan meets Rule B lecjuirements and includes silt fence around the excavated
wetland. An erosion control surety of $3,900 is required as per the surety schedule approved by
the Board of Managers.
Rule D
Excavation in the wetland follows DNR guidelines for wildlife enhancement, therefore, no
mitigation is required. The revegetation plan will restore native plants and decrease the number
of invasive spectcs. The wetland buffer will be decompacted and revegetated where it is
damaged to access the wetland for excavation. The buffer must be recorded before a permit is
issued. A wetland alteration surety of $5,550 is require^.
Attachments:
1. Application received 4/24/00.
2. Site location map.
3. Site Landscape Plan dated 3/7/00 revised 4/21/00.
Gsa A. Tilman Date
T:\OI85\0l\I51\appOO 139.doc
04 28/00
TATAI P.7C>
; t
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^ J Bonestroo
l^osene
mn ■ Anderlik &
|\ \ Associates
Engineers & Architects
Bonestroo, Rosene. Anderlik and Associates. Inc. Is an Affirmative Action/Equal Opportunity
Employer and Employee Owned
Principals: Otto G Bonestroo. PE • Marvin L Sorvaia. PE • Glenn R Cook. PE •
Robert G. Schunichi. PE • Jerry A Bourdon. PE
Senior Consultants: Robert W Rosene. PE • Joseph C Anderlik. PE • Richard E Turner. PE •
Susan M. Eberlin. C PA
Associate Principals: Howard A Sanford. PE • Keith A Gordon. PE • Robert R P^efferle. PE •
Richard W Foster. PE • David O Loskota. PE • Robert C Russek, Al A • Mark A Hanson. PE •
Michael T Rautmann. PE • Ted K Field, PE • Kenneth P Anderson. PE • Mark R Rolfs PE •
David A Bonestroo. M B A • Sidney P Williamson. PE. L S • Agnes M Ring, MBA* Allan Rick Schmidt. PE
August 15, 2000 Offices: St Paul. St. Cloud. Rochester and Wilimar. MN • Milwaukee. Wl
\l^bsite: wwwbonesiroocom
Mr. Paul Weinberger
Zoning Administrator/Planner
City of Orono
Post Office Box 66
Crystal Bay. MN 55323-0066
Re:Renckens Land Alteration
BRA File No. 139-2603
Dear Paul:
We have reviewed the grading plan and accompanying letter for the proposed land alteration on the
Renckens property. The site is located at 3020 Watertown Road. We have the following comments
in regards to engineering matters.
li
K
The proposed grading plan appears acceptable. Based on the June 23, 2000 letter from
Steiner and Koppelman, all excavated material will be used on site. This will minimize
concerns of truck traffic and tracking soil on Watertown Road.
Plans should be submitted to the Minnehaha Creek Watershed District for their review and
approval. All appropriate permits should be acquired prior to excavation or construction
activities.
Erosion control measures should be in place prior to any grading activities and should
remain in place until vegetation has been established.
Please contact me at (651) 604-4863 if you have any questions regarding this matter.
Yours very truly,
BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC.
Tom Kellogglooo
Cc: Greg Gappa. City of Orono
2335 West Highway 36 • St. Paul. MN 55113 • 651-636*4600 • Fax: 651-636-1311
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FLO WAGE AND CONSERVATION EASEMENT AGREEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this
and between__________________________
day of 19 ___, by
, and its heirs.
assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono,
its successors and assigns, a municipal corporation under the laws of the State of Minnesota
(hereinafter referred to as the Grantee.)
WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right
to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under
the conditions and covenants herein contained, the following described Land in the County of
Hennepin and State of Minnesota:
as follows:
1. Grantor(s) hereby covenant(s) and agree(s):
A.No structures shall be constructed, erected, or placed upon, above, or beneain
the Land including without limitation, fences, fireplaces, steps, docks, piers,
hardcover or roads of any nature whatsoever, or any other structure or
improvement inconsistent with the natural state of the land.
B.No trees, shrubs or other vegetation shall be destroyed, cut or removed from
the Land except as authorized by written consent of Grantee.
C.No earth, loam, peat, gravel, soil or any other natural material or substance
shall be moved or removed from the Land and there shall be no dredging or
excavation of any nature whatsoever or any change of the topography of the
Land without the written consent of Grantee.
D.No soil, sand, gravel or other substance or material as landfill shall be placed,
dumped or stored upon the Land and no waste, trash or garbage shall be
placed, dumped or stored upon the Land.
Page 1 of3
i
F
''
E.No use shall be made of the Land except uses, if any, which will not change
or alter the natural condition of the Land, and no use which would tend to
change the drainage, flood control, water conservation, erosion control, soil
conservation, fish and wildlife habitat characteristics shall be made of the
Land or the water situated thereon.
F.Grantee may enter upon the Land for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed
from the Land without any liability any structures, uses, materials,
substances, or unnatural matter inconsistent with the covenants contained
herein and the natural state of the Land.
2.Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all of
the Land.
3.Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the
Grantee and any and all of its officers and employees of and from any and all claims,
demand or causes of action of any kind or nature whatsoever which may arise or
accrue by virtue of any flowage or trespass with water within terms of these
agreements.
In addition to any other remedy the grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
Grantor(s) do not intend that the public should have any interest in the above land by virtue
of this indenture or otherwise, except as hereinabove set forth.
The Grantor(s) herein certify that the land herein described are free and clear of all
encumbrances except:
All provisions hereof shall run with the land and shall extend to and bind the heirs,
successors, representatives, grantees or assigns of the respective parties hereto.
Page 2 of 3
1
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this
_____________, 19___, by __________________
day of
NOTARY PUBLIC
STATE DEED TAX DUE HEREON:
This instrument is drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Page 3 of 3
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RUN DATE l«/2a/t»HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
•ATCN f«2
PROP AOOR
OWNER NAm
TANPAYER
NANE/ADDR
58 M-117-2S 21 0801
•2985 WATERTOWN RD
TOIL BAURLE
TNOfMS D 8 LOUAim BAURLE
2985 WATERTOWN RD
LONG LAKE MN 55356
38 06-117-23 21 0008
00038 ADDRESS UNASSICNED
EST OF RUTH F WEAR
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
.■» -
PROP AOOR
OWNER NAME
TAXPAYER
NANE/AOOR
58 89-117-23 21 0016
88058 ADDRESS UNASSICNED
OLD CRYSTAL BAY RD ASSOC
ROBERT NARE
1608 LONG LAKE 8LVD
ORONO MN 55356
38 09-117-25 22 0016
00060 CYGNET PL
DIM CURRIER JR
DONALD I MARGARET CURRIER JR
60 CYGNET PLACE
LONG LAKE MN 55356
PROP ADDR
OWNER NAME
TAXPAYER
NANE/AOOR
58 09-117-23 22 0028
85895 WATERTOWN RD
BRUCE C I KATHRYN S HALL
BRUCE C I KATHRYN S HALL
5895 WATERTOWN RD
ORONO MN 55356
38 09-117-23 22 0030
03015 WATERTOWN RD
6E0R6AYN C KRAMER
GEORGAYN C KRAMER
2990 SOMERSET LA
LONG LAKE MN 55356
PROP AOOR
OWNER NAME
TAXPAYER
NANE/AOOR
58 09-117-25 22 0059
00058 ADDRESS UNASSICNED
S J ULSETH I 0 D ULSETH
STEVEN J ULSETH
5085 WATERTOWN RD
LONG LAKE MN 55356
38 33-118-23 31 0007
00225 OLD CRYSTAL BAY RO N
S K 60LDSNXTH I L 0 SCHWIE
S K GOLDSMITH I L D SCHWIE
265 OLD CRYSTAL BAY RD N
LONG LAKE MN 55356
PROP AOOR
OWNER NAHE
TAXPAYER
NANE/AOOR
58 35-118-23 52 0003
00185 CRYSTAL CREEK RD
KENDRICK 8 MELROSE
KENDRICK 8 MELROSE
C/0 TCRO COMPANY
Bill LYNDALE AVE S
BLOOMINGTON MN 55920
38 33-118-23 32 0009
00195 CRYSTAL CREEK RD
PILLAR HOMES INC
PILLAR HOMES INC
920 UPLAND LA N
PLYMOUTH MN 55997
PROP AOOR
OWNER NAME
TAXPAYER
NANE/AOOR
38 55-118-25 53 0001
05020 WATERTOWN RO
J R RENCKENS IDA REfKKENS
DEBRA I JAMES RENCKENS
9680 FORESTVXEW LA N
PLYMOUTH MN 55992
58 33-118-23 33 0006
00175 CRYSTAL CREEK RO
JYLAND DEVELOPMENT INC
JYLANO DEVELOPMENT INC
150 BROADWAY AVE S
WAYZATA MN 55391
REPORT NO. PZ935901
PAGE 12
38 09-117-23 21 0010
02995 WATERTOWN RD
GEORGAYN C KRAMER
GE0R6AYN C KRAMER
2990 SOMERSET LA
LONG LAKE MN 55356
38 09-117-23 22 0029
00020 CYGNET PL
H J I M M PANUSKA
HAROLD J/MARGARET H PANUSKA
20 CYGNET PL
LONG LAKE MN 55356
38 09-117-23 22 0032
03085 WATERTOWN RD
S J ULSETH I D D ULSETH
STEVEN J ULSETH
3085 WATERTOWN RD
LONG LAKE 55356 ft"]
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38 33-118-23 31 0011
00265 OLD CRYSTAL BAY Rb Af
S K GOLDSMITH I L 0 SCHWIE
SCOTT K GOLDSMITH
265 OLD CRYSTAL BAY RO
LONG LAKE MN 55356 n
38 33-118-23 32 0005
00038 ADDRESS PENDING
KINCSBRIDCE PROPERTIES INC
KINCSBRXOOE PROPERTIES INC
3125 FOX ST
LONG LAKE MN 55356
38 55-118-23 33 0007
00020 CRYSTAL CREEK RO
CHARLES CUDD LLC
CHARLES CUDD CO
275 MARKET ST R995
MPLS MN 55905
i’P RUN DATE RA/Za/Rt
BATCH BR2
ntor AOOR
ONNER NAME
TAXPAYER
NAHE/ADDR
58 35>118-23 33 0008
RRR8R CRYSTAL CREEK RD
TNONAS M 8 LYNDA ISAACS
THOMAS H 8 LYNDA ISAACS
8R CRYSTAL CREEK RO
LONG LAKE HN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 33-118-23 33 0009
00100 CRYSTAL CREEK RD
HARK A 8 JULIE J WENIN6ER
MARK A 8 JULIE J WENIN6ER
100 CRYSTAL CREEK RD
LONG LAKE MN 55356
REPORT NO. Pl<i35<i01
PAGE 13
38 33-118-23 33 0010
OOIAO CRYSTAL CREEK RD
D E BRODEN 8 L M BRODEN
DAVID E 8 LAYLON H BRODEN
140 CRYSTAL CREEK RD
LONG LAKE MN 55356
PROP AOOR
OWNER NAME
TAXPAYER
NAME/AOOR
PROP ADOR
ONNER NAME
TAXPAYER
NAME/AODR
PROP ADOR
ONNER NAME
TAXPAYER
NAME/AOOR
38 33-118-23 33 0011
88170 CRYSTAL CREEK RD
DANIEL 8 LAURA FRATE
DANIEL 8 LAURA FRATE
178 CRYSTAL CREEK RO
LONG LAKE MN 55356
38 33-118-23 34 0005
00085 WEAR LA N
N P 8 G M SIEVERT
MICHAEL P 8 GAYLE M SIEVERT
85 WEAR LA N
LONG LAKE MN 55356
TOTAL BATCH 502 00027
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38 33-118-23 33 0012
00038 ADDRESS PENDING
CRYSTAL CREEK HOMEOWNERS
CRYSTAL CREEK HOMEOWNERS
1802 WOODDALE DR
WOODBURY MN 55125
38 33-118-23 34 0006
00055 WEAR LA H
DIANA J GROSS
DIANA J GROSS
55 WEAR LA N
LONG LAKE MN 55356
38 33-118-23 34 0001
00185 OLD CRYSTAL BAY RD N
L S STUBBS ETAL
LYDON SHERWOOD STUBBS
185 OLD CRYSTAL BAY RD N
LONG LAKE MN 55356
38 33-118-23 34 0013
00155 WEAR LA N
J B WINSTON 8 C R WERSAL
J B WINSTON OCR WERSAL
155 WEAR LA N
LONG LAKE HN 55356
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 MV KNOWLEDGE AND BELIEF.
DATE
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PERMIT RECORD
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Permit No.
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1
REQUEST FOR COUNCIL ACTION
DATE: August 28
roKMoii meeting
AUG 2 8 2000
ITEM NO.: 7
Department Approval:
Name Gregory A. Gappa
Title Director of Public Services
Administrator Reviewed: Agenda Section:
Public Services Director’s Report
Item Description: Request for Final Payment, Head Property Sanitary Sewer Project
We have reviewed the information submitted by the City's engineering firm and recommend
approval of this Request for Payment.
COUNCIL ACTION REQUESTED:
Motion to approve Request for Final Payment , Head Property Sanitary Sewer Project to
Minneonun Inc. in the amount of $8,172.90
L -
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^\i Bonestroo
^2 Rosene
Anderfik&
|\j| Associates
Inginttfs 4 Architects
Owner; Citv of Orono.2750 Kellv Pkwv.. Crystal Bav. MN 55323-0066 Date:July 25. 2000
For Period:5/3/00 *0 7/25/00 Request No:2 AND FINAL
Contractor:Minnccmm. 1949 Shadv Acres Ln. Mora. MN 55051
REQUEST FOR PAYMENT
HEAD SEWER SERVICE
BRA FILE NO. 139-98-806
SUMMARY
1
2
3
4
5
Original Contract Amount
Change Order - Addition
Change Order - Deduction
Revised Contract Amount
Value Completed to Data
6 Material on Hand
7 Amount Earned
Less Retainage 0%
Subtotal
Less Amount Paid Previously
Liquidated damages -
AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 AND FINAL
8
9
10
11
12
0.00
0.00
s.
$.
5.
S.
$
$
$
$
$
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Approved by Owner;
CITY OF ORONO
Specified Contract Completion Date;
May 31.2000
Date;
raquMiRFinai
31.936.00
31,936.00
31,069.80
0.00
31,069.80
0.00
31.069.80
22.896.90
0.00
8.172.90
r a
Item
Bast Bid
1 4* HOPE, SDR 11, diraclional bon
2 2-HOPE, SDR 11
3 Connact forcamain to existing manhot
4 Ramova axisting bituminous surfaci
5 Bituminous street patct
6 Sod with 4* topsoi
7 Erosion control fence
Total Base Bic
Contract Unit Quantity Amount
Unit Quantity Price to Date to Data
LF 1150 23.20 1152 $26,726.40
LF 1150 320 1152 $3,686.40
EA 1 300.00 1 $300.00
SY 60 2.75 40 $110.00
SY 60 5.60 40 $224.00
SY 500 0.50 46 $23.00
LF 300 1.75 $0.00
$31,069.80
Total Base Bic
Total Work Completed To Dati
$31,069.80
$31,069.80
wqytiiigiBii
f
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Prr’f •
f>ROJECT PAYMENT STATUS
OWNER CITY OF ORONO
BRA FILE NO. 139-98-806
CONTRACTOR MINNCOMM
CHANGE ORDERS
f V w*
Total Change Orders
PAYMENT SUMMARY
No.From To Payment Retainage Completed
1 01/01/00 05/02/00 22.896.90 1.205.10 24.102.00
2 AND FINAL 05/03/2000 07/25/00 8.172.90 31.069.80
Malarial on Hand
Total Payment to Date $31,069.80 Original Contract $31,936.00
Retainage Pay No 2 AND FINAL Change Orders
Total Amount Earned $31,069.80 Revised Contract $31,936.00
r^MlRFmal
r-
REQUEST FOR COUNCIL ACTION
COIIMCIL MEETING
AUG 2 8 2000
cu y u»- UHO/vo
DATE: August 28, 2
ITEM NO.: ^
mil
Department Approval:
Name Gregory A. Gappa
Title Director of Public Services
Administrator Reviewed:Agenda Section:
Public Services Director’s Report
Item Description: Seasonal Employees for Golf Course
At the beginning of the season, the Council approved a list of Golf Course seasonal employees
for the 2000 season. There were several open positions on this list. Some of these positions have
been filled and previously approved by Council. One of the current employees is unable to work
because of health problems and two of the smdents are returning to school, so two new seasonal
employees will be added. Council approval is required to hire the new seasonal employees
The Golf Course seasonal employees are hired under two different provisions of the PERA rules.
The main employees, who work the most hours, are hired under the 6-month rule which allows
unlimited earnings for a 6-month maximum time period.
The remainder of the employees work fewer hours are hired under the PERA maximum earnings
provision which limits earnings to $425 per month without any restrictions on the number of
months worked.
REVISED LIST OF PROPOSED SEASONAL GOLF COURSE EMPLOYEES
Employee 2000 Hourly Wage Rate
Bill McIntyre (6 month employee)
Jack Peterson (6 month employee) On Leave
Dan Oas
John Ross
Jan Blair
Vicki Raiche
Fred Abrahamson
Adam Noble
Gary Peickerct
Harvey Bix
Andrew Nickson
John Stork
Remming Employee
$7.45
$7.45
$7.65
$7.45
$7.45
$6.87
$6.87
$6.80
$6.80
$6.80
$6.80
$6.80
COUNCIL ACTION REQUESTED:
Motion to approve the new seasonal employees, Andrew Nickson and John Stork, at the proposed
wage rates and under the applicable provisions of the PERA rules.
¥
REQUEST FOR COUNCIL ACTION
COUNCIL MEETING
AUG 2 8 2000
cn Y ur- UHQ/VO
DATE: August 23,2000
7ITEM NO:
Department Approval:
Name Ron Moorse
Title City Administrator
Administrator Reviewed:Agenda Section:
City Administrator’s
Report
Item Description: Highway 12 Aesthetic Design Guide Review Committee
The Highway 12 final design process includes the development of an Aesthetic Design Guide, which
provides a guide for landscaping, lighting and the aesthetic elements of structure such as bridges and
noise walls along the Highway 12 corridor. The development of the Aesthetic Design Guide will
be done with the assistance of an Aesthetic Design Guide Review Committee, made up of
representatives of the affected cities. Each city can appoint three representatives to the committee.
Staff suggests the City ’s membership on the committee include two citizen representatives and one
staff representative as follows:
Andrew McDermott
Jim Murphy
Ron Moorse
Andrew McDermott, the Park Commission Chair, would bring his background in landscape
architecture to the committee. Jim Murphy has been heavily involved with the Highway 12 project
for many years.
COUNCIL ACTION REQUESTED:
Motion to appoint three representatives to the Highway 12 Aesthetic Design Guide Review
Committee.
REQUEST FOR COUNCIL ACTION
MEETING
AUG 2 8 2000
Cl IY Or U ho NO
DATE; August 23,2000 ^
ITEM NO:/O
Department Approval:
Name RonMoorse
Title City Administrator
Administrator Reviewed:Agenda Section:
City Administrator's
Report
Item Description: Board of Government Innovation and Cooperation Exemption Agreements -
Resolution
The Board of Government Innovation and Cooperation is responsible for reviewing plans for the
consolidation of cities. In addition, the Board also is authorized to work with cities and state
agencies to grant waivers or temporary exemptions from procedural rules when those rules are an
utmecessary obstacle to the effective accomplishment of city functions.
In the case of the consolidation of Long Lake and Orono, the two cities have requested three
temporary exemptions from procedural rules. The three exemptions are as follows;
1.Exemption to extend the filing period for city offices from September 12 to
September 15, so that those filing for office can wait until after the consolidation
referendum.
2.Exemption from the procedural rules for developing a city charter. The exemption
enables a city charter to be placed on the ballot without each city having to set up a
separate charter commission.
3.Exemption to allow city council terms of less than four years, so that in the case of
the consolidation of Long Lake and Orono, the councils elected in Long Lake and
Orono in November of 2000 would serve a one-year term. An election would then
be held in November of2001 to elect the seven-member council of the consolidated
city.
The Board of Government Innovation and Cooperation has approved these three exemptions, and
has provided three exemption agreements to be signed by the City. The Board requires a resolution
to be adopted by the Council authorizing the signing of each of the exemption agreements. The
resolutions are attached for Council consideration.
COUNCIL ACTION REQUESTED:
Motion to adopt the resolutions authorizing the Mayor and City Administrator to sign the Board
of Government Innovation and Cooperation exemption agreements.
A RESOLUTION OF AGREEMENT FOR A
TEMPORARY, LIMITED EXEMPTION FROM
ENFORCEMENT OF A PROCEDURAL LAW FROM THE
BOARD OF GOVERNMENT INNOVATION AND COOPERATION
(HEREINAFTER BOARD) TO THE
CITY OF ORONO (HEREINAFTER LOCAL GOVERNMENT UNIT)
WHEREAS, pursuant to Minnesota Statutes 465.797, the Board is authorized to
grant waivers from administrative rules and temporary limited exemptions from enforcement of state
procedural laws governing the delivery of services by local units of government; and
WHEREAS, the Local Government Unit is organized under the taws of the State of
Mimiesota; and
WHEREAS, the Board has granted the City of Orono a temporary, limited exemption
from enforcement of a procedural law in order to allow all candidates for elected municipal office
to file their Affidavits of Candidacy no later than close of business on Sep'ember 15,2000 so that
they are able to know the results of the consolidation referendum prior to filing their Affidavits of
Candidacy.
NOW, THEREFORE, BE IT RESOLVED that the Local Government Unit hereby
authorizes and approves the execution of an agreement with the Board for a temfiorary, limited
exemption from enforcement of a procedural law; and
BE IT RESOLVED that the Local Government Unit’s Mayor and City Administrator
are hereby authorized and directed to sign and submit an agreement for said temporary, limited
exemption from enforcement of a procedural law.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 28th day of August, 2000.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Page 1 of 1
A RESOLUTION OF AGREEMENT FOR A
TEMPORARY, LIMITED EXEMPTION FROM
ENFORCEMENT OF A PROCEDURAL LAW FROM THE
BOARD OF GOVERNMENT INNOVATION AND COOPERATION
(HEREINAFTER BOARD) TO THE
CITY OF ORONO (HEREINAFTER LOCAL GOVERNMENT UNIT)
WHEREAS, pursuant to Minnesota Statutes 465.797, the Board is authorized to
grant waivers from administrati ve rules and temporary limited exemptions from enforcement of state
procedural laws governing the delivery of services by local units of government; and
WHEREAS, the Local Government Unit is organized under the laws of the State of
Minnesota; and
WHEREAS, the Board has granted the City of Orono a temporary, limited exemption
from enforcement of a procedural law in order to allow the Consolidation Committee to proceed with
the drafting of a proposed city charter as an essential element of the merger plan to be placed before
the voters as part of a referendum scheduled for September 12,2000 for the Cities of Long Lake and
Orono.
NOW, THEREFORE, BE IT RESOLVED that the Local Government Unit hereby
authorizes and approves the execution of an agreement with the Board for a temporary, limited
exemption from enforcement of a procedural law; and
BE IT RESOLVED that the Local Government Unit’s Mayor and City Administrator
are hereby authorized and directed to sign and submit an agreement for said temporary, limited
exemption from enforcement of a procedural law.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 28th day of .August, 2000.
ATTEST;
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Page 1 of I
Agreement No. W-00-02 between the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
DRAFT
AGREEMENT
THIS AGREEMENT, which shall be inierpreied pursuant to the laws of the State of Minnesota
between the State of Minnesota, acting through its Board of Government Innovation and
Cooperation (hereinafter BOARD),
And:
Address;
City of Long Lake and the City of Orono
2750 Kelley Parkway
Orono, Minnesota 55356
(hereinafter LOCAL GOVERNMENT UNITS), witnesseth that:
WHEREAS, the BOARD, pursuant to Minnesota Statutes 465.797, is authorized to grant
temporary, limited exemptions from enforcement of state procedural laws governing delivery of
services by a local government unit;
AND WHEREAS, the LOCAL GOVERNMENT UNITS have requested a temporary, limited
exemption from enforcement of a state procedural law(s) governing delivery of services,
AND WHEREAS, the BOARD has granted the LOCAL GOVERNMENT UNITS a temporary,
limited exemption from enforcement of a state procedural law(s) governing delivery of services;
NOW THEREFORE, it is agreed:
I.
II.
EXEMPTION CITATION. The LOCAL GOVERNMENT UNITS ARE her by granted
a lempoiary, limited exemption from enforcement of M.S.. Chapter 410.05 which provides
that the Hennepin County District Court acting through it' vhief judge may appoint a Charter
Commission.. The Cities of Long Lake and Orono shall .oe exempt from enforcement of the
cited statute for the duration of this agreement.
SERVICE DELIVERY. The affect of this exemption request is to allow the Consolidation
Committee to proceed with the drafting of a propo.sed city charter as an e.ssential element
of the merger plan to be placed before the voters as part of a referendum scheduled for
September 12, 2000 for the Cities of Long Lake and Orono.
OUTCOMES. Through the implementation of this exemption, the LOCAL
GOVERNMENT UNITS intend that consistent with the Consolidation Plan approved by the
BOARD that the Consolidation Committee proceed with drafting a city charter for the
combined city.
Page 1 of 3
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Agreement No. W-00-02 between the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
IV.
V.
VI.
REPORTING. The LOCAL GOVERNMI* NT UNITS agrees to provide the BOARD with
semi-annual status reports regarding efforts to implement the BOARD approved
Consolidation Plan including a copy of the adopted city charter. Such reports are due on the
dates listed below:
March 15,2001
November 15,2001
and every six months thereafter until the expiration of »he grant agreement,
EVALUATION. The BOARD shall, during the course of the agreement, evaluate the
LOCAL GOVERNMENT UNIT’S performance under the terms oi lb*. agreement. The
BOARD reserves the right to request additional information the LOCAL
GOVERNMENT UNITS to carry out its evaluation.
TERM OF AGREEMENT. This agreement shall be effective on August 25,2000, or upon
such date as it is executed by the LOCAL GOVERNMENT UNITS and the BOARD,
whichever occurs later, and shall remain in effect until November 15,2001. This agreement
shall be subject to renewal if both parties agree.
VII. CANCELLATION.
B.Upon the LOCAL GOVERNMENT UNIT'S failure to comply with any provision of
this agreement, the BOARD may rescind this agreement. The recision shall be
effective upon the BOARD giving the LOCAL GOVERNMENT UNIT written
notice at its last known address.
C.The BOARD and the LOCAL GOVERNMENT UNITS may mutually agree to
cancel this agreement at any time.
VIII. RECONSIDERATION. Upon amendment of the statute cited in Paragraph I., the BOARD
shall re view the LOCAL GOVERNMENT UNIT’S need for a temporary, limited exemption,
and may require amendments to this agreement or may rescind this agreement.
IX. AMENDMENTS. Any amendments to this agreement shall be in writing, and shall be
executed by the same parties who executed the original agreement or their successors in
office.
X. BOARD’S AUTHORIZED AGENT. The BOARD'S authorized agent for the Purposes of
administration of this agreement is Jim Gelbmann, Executive Director, or his successor in
office.
Page 2 of 3
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Agreement No. V/-00-02 between the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
XI. ASSIGNMENT. The LOCAL GOVERNMENT UNITS shall neither assign nor transfer
any rights or obligations under this agreement. Any assignment or transfer of this agreement
by the LOCAL GOVERNMENT UNITS shall be void.
Xn. LIABILITY. The LOCAL GOVERNMEbTf UNITS agree to indemnify and save and hold
the State of Minnesota and its agents and employees harmless from any and all claims or
causes of action arising from the granting of a temporary, limited exemption from
enforcement of a state procedural law governing delivery of services in this agreement or
from the performance of this agreement by the LOCAL GOVERNMENT UNITS or the
LOCAL GOVERNMENT UNIT'S agents or employees. This clause shall not be construed
to bar any legal remedies the LOCAL GOVERNMENT UNITS may have for the BOARD’S
failure to fulfill its obligations pursuant to this agreement.
There are no further substantive provisions to this agreement; the signatures of the authorized
representatives of the parties to this agreement who are executing it on their behalf appear below.
IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed,
intending to be bound thereby.
(1) LOCAL GOVERNMENT UNIT:
By:
(3) BOARD OF GOVERNMENT AND
COOPERATION:
By:
Title:
Title:
Date:Date:
(2) LOCAL GOVERNMENT UNIT:
By: ________________________
Title:
Date:
Page 3 of 3
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Agreement No. W-00-03 between the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
DRAFT
AGREEMENT
THIS AGREEMENT, which shall be interpreted pursuant to the laws, of the State of Minnesota
between the State of Minnesota, acting through its Bo.ird of Government Innovation and
Cooperation (hereinafter BOARD),
And:
Address:
City of Long Lake and the City of Orono
2750 Kelley Parkway
Orono. Minnt ota 55356
(hereinafter LOCAL GOVERNMENT UNITS), witnesseth that:
WHEREAS, the BOARD, pursuant to Minnesota Statutes 465.797, is authorized to grant
temporary, limited exemptions from enforcement of state procedural laws governing delivery of
services by a local government unit;
AND WHEREAS, the LOCAL GOVERNMENT UNITS HAVE requested a temporary, limited
exemption from enforcement of a state procedural law(s) governing delivery of services;
AND WHEREAS, the BOARD has granted the LOCAL GOVERNMENT UNITS a temporary,
limited exemption from enforcement of a state procedural law(s) governing delivery of services;
NOW THEREFORE, it is agreed:
I EXEMPTION CITATION. The LOCAL GOVERNMENT UNITS are hereby granted
a temporary, limited exemption from enforcement of M.S. 205.13, Subd. la to allow for
a three (3) day extension to the filing period f^r the November 2000 general election from
September 12,2000 to September 15,2000. The LOCAL GOVERNMENT UNITS shall
be exempt from enforcement of the cited statute(s) for the duration of this agreement.
II.SERVICE DELIVERY. The LOCAL GOVERNMENT UNITS 'hall allow all
candidates for elected municipal office to file their affidavits of candidacy no later than
close of business on September 15,2000.
III.OUTCOMES. Through the implementation of this exemption, the LOCAL
GOVERNMENT UNITS intends to allow candidates for elective municipal office to learn
the outcome of the September 12,2000, referendum on merger before submitting their
affidavits of candidacy.
Page 1 of 3
I
Agreement No. W-00-03 between the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
IV.
V.
REPORTING. The LOCAL GOVERNMENT UNITS agrees to provide the BOARD
with semi-annual status reports regarding efforts to implement the BOARD approved
Consolidation Plan including the names of persons filing affidavits of candidacy for
elective municipal office and the dates that such affidavit its were filed. Such reports are
due on the dates listed below:
March 15, 2001
November 15.2001
and every six months thereafter until the expiration of the grant agreement.
EVALUATION. The BOARD shall, during the course of the agreement, evaluate the
LOCAL GOVERNMENT UNIT’S performance under the terms of this agreement. The
BOARD reserves the right to request additional information from the LOCAL
GOVERNMENT UNITS to carry out its evaluation.
VI. TERM OF AGREEMENT. This agreement shall be effective on August 25, 2000, or
upon such date as it is executed by the LOCAL GOVERNMENT UNITS and the BOARD,
whichever occurs later, and shall remain in effect until November 15, 2001. This
agreement shall be subject to renewal if both parties agree.
VII. CANCELLATION.
B.Upon the LOCAL GOVERNMENT UNIT'S failure to comply with any provision
of this agreement, the BOARD may rescind this agreement. The recision shall be
effective upon the BOARD giving the LOCAL GOVERNMENT UNIT written
notice at its last known address.
C.The BOARD and the LOCAL GOVERNMENT UNITS may mutually agree to
cancel this agreement at any time.
Vin. RECONSIDERATION. Upon amendment of the statute cited in Paragraph I,, the
BOARD shall review the LOCAL GOVERNMENT UNIT'S need for a temporary, limited
exemption, and may require amendments to this agreement or may rescind this agreement.
IX. AMENDMENTS. Any amendments to this agreement shall be in writing, and shall be
executed by the same pai ties who executed the original agreement or their successors in
office.
X. BOARD ’S AUTHORIZED AGENT. The BOARD'S authorized agent for the purposes
of adminisu-ation of this agreement is Jim Gelbmann, Executive Director, or his successor
in office.
Page 2 of 3
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Agreement No. W-00-03 between the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
XI.LIABILITY. The LOCAL GOVEP.NMI2NT UNIT agrees to indemnify and save and
hold the State of Minnesota and its agents and employees harmless from any and all claims
or causes of action arising from the granting of a temporary, limited exemption from
enforcement of a state procedural law governing delivery of services in this agreement or
from the performance of this agreement by the LOCAL GOVERNMENT UNIT or the
LOCAL GOVERNMENT UNIT’S agents or employees. This clause shall not be conrtrued
to bar any legal remedies the LOCAL GOVERi 'MENT UNIT may have for the BOARD'S
failure to fulfill its obligations pursuant to this agreement.
There are no further substantive provisions to this agreement; the signatures of the authorized
representatives of the parties to this agreement who are executing it on their behalf appear below.
IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed,
intending to be bound thereby.
(1) LOCAL GOVERNMENT UNIT:(3) BOARD OF GOVERNMENT AND
COOPERATION
By:
By:
Title:
Title:
Date:
Date:
(2) LOCAL GOVERNMENT UNIT;
By:
Title:
Date:
Page 3 of 3
iMl II ml ril W ^ A-.ATA.1 r. iMW r iT > ^ 1^ ~ 1
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Agreement No. W-00-04 between the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
DRAFT
AGREEMENT
THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota
between the State of Minnesota, acting through its Board of Government Innovation and
Cooperation (hereinafter BOARD),
And;
Address:
City of Long Lake and the City of Orono
2750 Kelley P irkway
Orono, Minnesota 55356
(hereinafter LOCAL GOVERNMENT UNITS), witnesseth that:
WHEREAS, the BOARD, pursuant to Minnesota Statutes 465.797, is authorized to grant
temporary, limited exemptions from enforcement of state procedural laws governing delivery of
services by a local government unit;
AND WHEREAS, the LOCAL GOVERNMENT UNITS have requested a temporary, limited
exemption from enforcement of a state procedural law(s) governing delivery ot services;
AND WHEREAS, the BOARD has granted the LOCAL GOVERNMENT UNITS a temporary,
limited exemption from enforcement of a state procedural law(s) governing dehverj' of services;
.SOW THEREFORE, it is agreed.
I.EXEMPTION CITATION. The LOCAL GOVERNMENT UNITS ARE hereby granted
a temporary, limited exemption from enforcement of M.S. 412.02 which requires that city
council members serve terms of four years. The Cities of Long Lake and Orono shall be
exempt from enforcement of the cited statute(s) for the duration of this agreement.
II.SERVICE DELIVERY. In the event that the merger proposed for referendum scheduled
for September 12, 2000 for two cities is successful, city council members elected in
November 2000 may serve terms of less than four years.
III.OUTCOMES. Through the implementation of this exemption, the LOCAL
GOVERNMENT UNITS intend that consistent with the Consolidation Plan approved by
the BOARD, that a joint ten member City Council v'ould govern the new municipality- until
a new seven member Council was elected combined city.
Page 1 of 3
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Agreement No. W-00-041 "ween the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
IV.
V.
VI.
X.
REPORTING. The LOCAL GOVERNMENT UNITS agrees lo provide the BOARD
with semi-annual status reports regarding efforts to implement the BOARD approved
Consolidation Plan including the schedule and results of the election of city council
members. Such reports are due on the dates listed below;
March 15, 2001
November 15,2001
and every six months thereafter until the expiration of the grant agreement.
EVALUATION. The BOARD shall, during the course of the agreement, evaluate the
LOCAL GOVERNMENT UNIT’S performance under the terms of this agreement. The
BOARD reserves the right to request additional information from the LOCAL
GOVERNMENT UNITS to cany out its evaluation.
TERM OF AGREEMENT. This agreement shall be effective on August 25, 2000, or
upon such date as it is executed by the LOCAL GOVERNMENT UNITS and the BOARD,
whichever occurs later, and shall remain in effect until November 15, 2001. This
agreement shall be subject to renewal if both parties agree.
Vn. CANCELLATION.
B.Upon the LOCAL GOVERNMENT UNIT'S failure to comply with any provision
of this agreement, the BOARD may rescind this agreement. The recision shall be
effective upon the BOARD giving the LOCAL GOVERNMENT UNIT written
notice at its last known address.
C.The BOARD and the LOCAL GOVERNMENT UNITS may mutually agree to
cancel this agreement at any time.
VIII. RECONSIDERATION. Upon amendment of the statute cited in Paragraph I., the
BOARD shall review the LOCAL GOVERNMENT UNIT'S need for a temporary, limited
exemption, and may require amendments to this agreement or may rescind this agreement.
IX. AMENDMENTS. Any amendments to this agreement shall be in writing, and shall be
executed by the same parties who executed the original agreement or their successors in
office.
BOARD'S AUTHORIZED AGENT. The BOARD'S authorized agent for the purposes
of administration of this agreement is Jim Gelbmann, Executive Director, or his successor
in office.
Page 2 of 3
Agreement No. W-00-04 bet\^'een the Board of Government Innovation and Cooperation and the
Cities of Long Lake and Orono
XI. ASSIGNMENT. The LOCAL GOVERNMENT UNITS shall neither assign nor transfer
any rights or obligations under this agreement. Any assignment or transfer of this
agreement by the LOCAL GOVERNMENT UNITS shall be void.
XII. LIABILITY, The LOCAL GOVERNMENT UNITS agree to indemnify and save and
hold the State of Minnesota and its agents and employees harmless from any and all claims
or causes of action arising from the granting of a temporary, limited exemption from
enforcement of a state procedural law governing delivery of services in this agreement or
from the performance of this agreement by the LOCAL GOVERNMENT UNITS or the
LOCAL GOVERNMENT UNIT'S agents or employees. This clause shall not be construed
to bar any legal remedies the LOCAL GOVERNMENT UNITS may have for the
BOARD'S failure to fulfill its obligations pursuant to this agreement.
There are no further substantive provisions to this agreement; the signatures of the authorized
representatives of the parties to this agreement who are executing it on their behalf appear below.
IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed,
intending to be bound thereby.
(1) LOCAL GOVERNMENT UNIT:
By: __________________________
(3) BOARD OF GOVERNMENT AND
COOPERATION:
By: ____________________________
Tide:Title:
Date:Date:
(2) LOCAL GOVERNMENT UNIT:
By: _______________________
Title:
Date:
Page 3 of 3
c.nt ii«c^T\NQ
REQUEST FOR COUNCIL ACTION 2 Q 2000
DATE: Aug«B022<>e6OIPNU
ITEM NO: //
Department Approval: Administrator Reviewed:
Name Lin Vec
Title City Clerk
Agenda Section:
Licenses
Item Description: List of Licenses for Council Approval
CLUB FIREARM USE PERMIT
Annual Permit for: Park Gun Club
3600 Sixth Avenue North
COUNCIL ACTION REQUESTED:
Motion to approve/deny the above listed licenses.
1
i
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lAad
c.
Date:
To:
From:
Re:
August 22,2000
Lin Vee, City Clerk
Gary Chesvvick, Chief of Police
Park Gun Club
I have reviewed the application submitted by Ruby Geschwind on behalf of the Park Gun Club
for the Annual Firearm Use Permit.4
No problems have been reported to the Police Department, and I have no objection to the
issuance of this permit based upon using the same restrictions as listed in previous permits.
mpeT»NQ
AUG 2 8 2000
cti 1 ur unUNU
CITY OF ORONO
Check Summary Register
Wednesday, August 23,2000
Page 1 of 1
Name Check Date Check Amt
10100 Primary Cash
PaidChk# 062127 CITY COUNTY CREDIT UNION 8/23/00 $7,529.00
PaidChk# 062128 FIRST NATIONAL BANK OF LAKES 8/23/00 $18,127.48
PaidChk# 062129 ICMA RETIREMENT TRUST - 457 8/23/00 $300 00
PaidChk# 062130 LAW ENFORCMENT LABOR SERVICE 8/23/00 $46200
PaidChk# 062131 MINNESOTA CHILD SUPPORT PMT 8/23/00 $190.12
PaidChk# 062132 MN DEPT OF REVENUE 8/23/00 $3,764.65
PaidChk# 062133 ORCHARD TRUST CO. TRUSTEE/CUST 8/23/00 $1,897.68
Paid Chk# 062134 PEBSCO/OBRA 8/23/00 $162.88
PaidChk# 062135 PEBSCO/US CONF OF MAYORS 8/23/00 $2,718.00
PaidChk# 062136 PUBLIC EMPLOYEES RETIREMENT 8/23/00 $10,703.19
PaidChk# 062137 UNITED WAY 8/23/00 $28.00
PaidChk# 062138 WISCONSIN SCTF 8/23/00 $184.62
Total Checks $46,067.62
k
, - ■nfiT^ > ^ . . ,i
CITY OF ORONO
Check Summary Register
Thursday, August 24, 2000
Page 1 of 2
n
10100 Primary Cash
Paid Chk# 062140
PaidChk# 062141
Paid Chk# 062142
Paid Chk# 062143
Paid Chk# 062144
PaidChk# 062145
Paid Chk# 062146
Paid Chk# 062147
PaidChk# 062148
PaidChk# 062149
PaidChk# 062150
PaidChk# 062151
PaidChk# 062152
PaidChk# 062153
PaidChk# 062154
PaidChk# 062155
PaidChk# 062156
PaidChk# 062157
PaidChk# 062158
PaidChk# 062159
Paid Chk# 062160
Paid Chk# 062161
Paid Chk# 062162
PaidChk# 062163
PaidChk# 062164
PaidChk# 062165
Paid Chk# 062166
PaidChk# 062167
Paid Chk# 062168
Paid Chk# 062169
PaidChk# 062170
PaidChk# 062171
PaidChk# 062172
PaidChk# 062173
PaidChk# 062174
PaidChk# 062175
PaidChk# 062176
PaidChk# 062177
PaidChk# 062178
PaidChk# 062179
PaidChk# 062180
PaidChk# 062181
PaidChk# 062182
PaidChk# 062183
PaidChk# 062184
PaidChk# 062185
PaidChk# 062186
PaidChk# 062187
PaidChk# 062188
Name
:’’*4 ^
ALIMED INC
AT&T-
AT & T WIRELESS SERVICES
AUGIES MOBILE CHEF
BONESTROO ROSENE & ASSOC.
BUDGET PRINTING
CITY OF MAPLE PLAIN
CITY OF ORONO PETTY CASH
CLASSIFIEDS
COFFEE MILL
COFFIN & GRONBERG INC.
CULLlGAN
DAY DISTRIBUTING CO.
DCA-WIRE ONLY
DELTA DENTAL
DEPT OF ADM - INTERTECH GROUP
EAST SIDE BEVERAGE
FORTIS BENEFITS
FRESHWATER SOCIETY
G & K SERVICES
GROSSMAN CHEVROLET
HDR ENGINEERING. INC
HENNEPIN CO-OP SEED EXCHANGE
HENNEPIN COUNTY SHERIFF
HINSHAW & CULBERTSON
HUEBSCH RENTAL SERVICE
INVENTORY TRADING COMPANY
JOHN BABLER AUTOBODY
KUSTOM SIGNALS INC
LOGIS
LONG LAKE POWER EQUIPMENT
MALLOY MONTAGUE KARNOWSKI & CO
MCLEODUSA INC
MEDICA CHOICE
Void
Void
MET COUNCIL ENVIRONMENTAL SVCS
MIDWEST COCA COLA BOTTLING CO
MINNEAPOLIS OXYGEN COMPANY
MINNESOTA BOOK STORE
MN COUNTY ATTORNEYS ASSOC.
MN STATE TREASURER
NASRO
NAVARRE HARDWARE
NORTH MEMORIAL HEALTH CARE
NSP
OFFICE DEPOT
OMAN. LYLE
ORONO LIBRARY FUND
Check Date Check Amt
8/28/2000 S37995
8/28/2000 $31 16
8/28/2000 $13067
8/28/2000 $41 80
8/28/2000 $22,634.88
8/28/2000 $33.76
8/28/2000 $21,694.35
8/23/2000 $400.00
8/28/2000 $40.35
8/28/2000 $141 00
8/28/2000 $2.37200
8/28/2000 $^2 36
8/28/2000 $53.00
8/28/2000 $1,107.44
8/28/2000 $1,082.30
8/28/2000 $295.26
Qiimooo $87.50
8/28/2000 $79948
8/28/2000 $70500
8/28/2000 $287.29
8/28/2000 $9,277.00
8/28/2000 $285.00
8/28/2000 $68.05
8/28/2000 $80637
8/28/2000 $17.944 99
8/28/2000 $22 98
8/28/2000 $71 00
8/28/2000 $27340
8/28/2000 $351 70
8/28/2000 $1,421.69
8/28/2000 $58.94
8/28/2000 $5,104.00
8/28/2000 $54848
8/28/2000 $16,091.68
8/28/2000 $0 00
8/28/2000 $0 00
8/28/2000 $18,788.00
8/28/2000 $17040
8/28/2000 $31.50
8/28/2000 $2663
8/28/2000 $13371
8/28/2000 $4.37943
8/28/2000 $20 00
8/28/2000 $155 08
8/28/2000 $180.00
8/28/2000 $3,102.45
8/28/2000 $503.19
8/28/2000 $80.91
8/28/2000 $50 00
L
I
Name Check Date Check Amt
- <t re^.Vi-HJlL »C
Paid Chk# 062189
Paid Chk# 062190
Paid Chk# 062191
Paid Chk# 062192
Paid Chk# 062193
Paid Chk# 062194
Paid Chk# 062195
Paid Chk# 062196
Paid Chk# 062197
Paid Chk# 062198
Paid Chk# 062199
Paid Chk# 062200
PEPSI-COLA
REED VENDING
SENIOR COMMUNITY SERVICES
SHRED IT
SUTHERLANDS
TEMPORARIES-TO-GO
THORPE DIST CO.
UNITED STATES POSTAL SERVICE
US WEST COMMUNICATIONS
US WEST INTERPRISE
WINTERNHEIMER. ALISSA
WRIGHT HENNEPIN ELECTRIC
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
8/28/2000
Total Checks
$96.50
$66.20
$3,647.50
$356.00
$3,040.96
$1,566.00
$87.50
$1,800.00
$828.38
$361.05
$175.00
$29.03
$144,380.25
Ill
My.
Gail A. D orfman
COMMISSIONER
»*-i )
®HONE
612-548-7885
FAX 6I2-348-870I
■*
Board of Hennepin County Commissioners
A-2400 Government Center
Minneapolis , Minnesota 55487-0240
August 24, 2000
Gabriel Jabbour
Mayor, City of Orono
2750 Kelley Parkway
Orono, MN 55356
Dear Mayor Jabbour:
I would like to thank you for your letter concerning the issues of safety on Lake
Minnetonka.
I will take your comments into consideration if this matter is to come before the
Hennepin County Board of Commissioners. I have also forwarded your letter to
Commissioner Penny Steele, and Commissioner Mary Tambomino, who are the
Commissioner representing the Lake Minnetonka Area.
Thanks again for your comments. My very best to you.
Sincerely,
Gail A. Dorfman
Hennepin County Commissioner
District 3
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August 22,2000
Ronald J. Moorse
Orono City Administrator
2750 Kelley Parkway
Orono, MN 55356
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Dear Mr. Moorse:
Please find enclosed three revised Exemption Agreements prepared for signature by both
communities in connection with exemption requests approved by the Board of Government
Innovation and Cooperation at the July 14,2000, Board Meeting.
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Please have all three copies of each Agreement signed and returned to me. I will then sign the
Agreements following the Board of Government Innovation and Cooperation meeting on August
24”*. I will then send you two copies of each fully executed Agreement for the City of Long Lake
and the City of Orono files.
Should you have any questions regarding this matter, feel free to contact me at (651) 297-3367,
Sincerely,
Acting Executive Director
Promoting Effective and Efficient Delivery of Public Services
LAFAYETTE CLUB
City of Minnetonka Beach,
County of Hennepin
State of Minnesota
Resolution Year: 2000 Resolution
Pursuant to due call and notice thereof, a regular meeting of the Board of Governors of the
Lafayette Club. Minnetonka Beach, Minnesota, was held on the 15* day of August, 2000. The
following members were present; Kathleen Coppo (President), Craig Moleski (Vice-President),
Eric Paulson (Treasurer), Kathryn Swenson (Secretary), Board Members John Lundquist, Roger
Dchring, Peter Lanpher, Jan Ingwalson, Andrew Greenshields, Ron Meshbesher, Pat Kittler and
John Gabos. Staff members: Scott Bremer (General Manager), Carl Rhame (Controller) and
Gale Menger (Executive Administrative Assistant).
Board member Greenshields introduced the following resolution and moved its’ adoption by the
Board of Governors.
WHEREAS, the Dakota Rail Railroad runs through the heart of Minnetonka Beach and
boundaries of Lafayette Club and
WHEREAS, Lafayette Club has been advised of the intent to convert the interim use of the
Dakota Rail corridor to a regional recreational trail, and
WHEREAS, the conversion of the rail corridor to a regional recreational trail would adversely
impact Lafayette Club as well as its members, and
WHEREAS, Lafayette Club additionally questions the need for this multimillion-dollar public
expenditure when two nearly identical length east-west trails exist within five miles of proposed
trail, and
WHEREAS, Hennepin Parks has indicated that only if the cities and its’ citizens along the rail
corridor arc supportive of the conversion would Hennepin Parks support the conversion of the
Dakota Rail corridor to a regional recreational trail,
NOW, THEREFORE, BE IT RESOLVED, that the Lafayette Club does not support the
conversion of the Dakota Rail corridor in Miruietonka Beach to a regional recreational trail and is
unalterably opposed to the conversion of the rail corridor to a regional recreational trail in
Minnctonla Beach, in which this Club is located.
The motion for adoption of the foregoing resolution was duly seconded by Board member John
Gabos and upon the vote being taken, the following voted in favor of the motion; Kathleen
Coppo, Kathryn Swenson, Eric Paulson, Craig Moleski, Andy Greenshields, John Lundquist, Ron
Meshbesher, Roger Dehring, John Gabos, Jan Ingwalson, John Lundquist. The following vot''d
against or abstained; NONE.
Whereupon, the resolution was duly passed unanimously by its’ voting Members of the Board of
Governors and was adopted this 1 5*^ day of August.
Q OW^evO
Gale R. Menger, Exec. Adni. A^t.
Date g/aslfro
Kathleen Coppo, President
Date: ^^