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Home My WebLink About10-25-1999 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 25,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1 .Approve/Amend ocr IN g CiTy^^ ^ 5 /ppp 'No 7:0&p.nt. 2.Sally Koenecke, Lake Minnetonka Cable Commission - 2000 Proposed Budget APPROVAL OF MINUTES *3 Regular Council Meeting of October 11, 1999 /PARK COMMISSION COMMENTS - Peter Welles. Representative LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan. Representative PLANNING COMMISSION COMMENTS - Sandy Smith. Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) / ZONING ADMINISTRATOR'S REPORT CITY ATTORNEY'S REPORT 4./ #2519 Matthew and Robin Staloch, 4705 Watertown Road - Variance - Resolution #2522 Bancor Group. Inc., County Road 6 and Willow Drive North - Preliminary Plat of Willow View ^ 6.#2531 Roger and Elizabeth Olsen, 815 Partenwood Road - Renewal Variances - Resolution 7.#2538 Rob and Tori Jaffray, 540 Barrett Avenue - Variance - Resoli ion # 8.#2541 Paul Phillips, 2140 Sixth Avenue North, Final Plat of Phillips Woodland Terrace Third ^Addition - Resolution Request for Dock Access - David Lovelace, 220 Big Island MAYOR/COUNCIL REPORT ENGINEER REPORT cm' ADMINISTRATOR'S REPORT ^00 Hollander Road - Concerns of Property Ow ner A \^ Purchase of Land Management Software (Govern) 12 Resolution in Support of Cooperative Housing Efforts in the Lake Area AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 25,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA Update on Septic Regulations •4' 14^Accept Donation for Juvenile Liaison Officer Computer AS. Identification ofWo^ Session Dates iSf ^ .J' syfc /Cu A i ^ , CITY ATTORNEY'S REPORT ’ ^ Executive Session - Update on County Road 6 Right-of-Way Acquisition / 6. LICENSES On Sale Liquor License Application - 3380 Shoreline Drive (Jimmies Lounge) * 17. BILLS / UPCOMING ISSUES AND EVENTS 1999 10/21 - Long Lake/Orono Consolidation Study Committee Meeting, 4.00 p.m. 10/25 - Council Work Session, 5:00 p.m. 10/25 - Council Meeting, 7:00 p.m. 11/01 - Park Commission Meeting, 7:15 p.m. 11/04 - Long Lake/Orono Consolidation Study Committee Meeting, 4:00 p.m. 11/08 - Council Meeting, 7:00 p.m. 11/11 - HOLIDAY, VETERANS' DAY 11/15 - Planning Commission Meeting, 6:30 p.m. 11/17 - Mn/DOT Public Hearing/Open House re: Preliminary Layout, Orono High School Cafeteria, 7:00 p.m. 11/18 - Long Lake/Orono Consolidation Study Committee Meeting, 4:00 p.m. 11/22 - Council Meeting, 7.00 p.m. 11/25 - HOLIDAY, THANKSGIVING 11/26 - HOLIDAY, THANKSGIVING Public A ttendance Meeting Date / .0 6 - V V C ouncil Planning C ommission Park C ommission Other Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. V \lr\- L i.V Lloe 3. ^ / 7c •4 5 V rO i'., V/ 6.. 7.. 8.. 9. M 7r.^' 4 .... 7 ?rj , r, 4 <r It / */7. •/.^. V 7,.J ^ ^'7^ ^I V w-i L ■ VV. 10.. 11.. 12.. 13. 14. 15. X :\APfS\ WFWlNiB^ WPOOCSVrOMMSJOJBUC JITT COUNCIL MEETING ocr 2 5 1999 REQUEST FOR COUNCIL ACTION ciTY Ot- U honu DATE: October 21, 1999 ITEM NO: 3^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Lake Minnetonka Communications Commission Year 2000 Budget Attached is the Year 2000 budget for the Lake Minnetonka Communications Commission. The major change in the budget is the addition of revenue from a ptiblic-educational-govemmental access (PEG) fee and the separation of franchise administration costs from studio operations costs. The franchise was recently renewed. The renewal agreement calls for the cable provider to install substantial infrastructure improvements. It may be informative to request the LMCC representative to summarize the terms of the franchise renewal and the improvements to be made to the system. COUNCIL ACTION REQUESTED: Motion to approve the proposed Lake Minnetonka Communications Commission Year 2000 budget. Lake Minnetonka Communications Commission Year 2000 Budget The Lake Minnetonka Communications Commission has experienced some dramatic changes in its operations since the adoption of its 1999 budget in August of 1998. The franchise renewal process (a multi-year efifort) was finalized late in 1998 eifcaive January 1, 1999. Part of the new agreement was the rel^^ase of Triax Cablevision firom any obligation to provide funding or facilities for the purpose of public acces.s to the dedicated PEG channels provided on their cable system. The LMCC had agreed to take over all responsibilities for the provision of public access opportunities for the residents and institutions of its member cities. In order to support the public access studio and production facilities and activities, the new fi-anchise agreement provided for a subscriber PEG fee of .50 cents per month, and calls for the fianchise fees to be paid quarterly to the Commission during the year in which they are generated. Through 1998 ti:e fianchise fees were received in one payment after the end of the year. These changes, combined with negotiated one-time settlements, resulted in an increase in 1999 revenues of over $242,000. The Commission was also informed in December of 1998 that the lease, held by Triax with U S West, for the studio and office facilities in Excelsior had not been renewed. This required an immediate search for a new suitable location for the Commission’s activities and considerable expense and capital outlay which had not been anticipated in the 1999 adopted budget. These changes in revenues and expenditures, both current and going forward, called for major revisions to the 1999 budget The Commission (with the concurrence of its auditor) decided the current format of the budget needed to be expanded to better track the various revenues and new expenditures. The 2000 adopted budget, as presented to you, is represented in this new expanded format of three separate funds: Franchise Administration, Studio/Access Production, and Capital Improvements. Franchise Administration Fund This fund is supported entirely by fianchise fees and interest on investments. Activities accounted for in this fund are related to the oversight responsibilities of the Comnussion representing the member cities’ interest in the cable operators compliance with the fianchise agreement. The LMCC also represents its member cities by monitoring and participating in the ongoing le^slative activities at the stale and federal level relating to local government control of the use of its rights of way. Studio/Access Production Fund This fund is to account for all public access activities for which the LMCC has assumed total responsibility. Expenses cover staff time and all operating costs of assisting residents and institutions in producuig video presentations to be played back over the local public access channels. Revenues for this fund are derived from interest on investments, PEG fees from our cable subscribers, an annual transfer of a portion of the franchise fees, and additional charges to entities outside of our franchise area who have a need to access the public access channels. The Cities of Mound and Chanhassen have expressed an interest in using our facilities and our playback capabilities to reach their constituents. The Studio/Access Fund will be initially supported by a one-time transfer of the 1999 ending fund balance. Capital llmprovement Fund The Capital Improvement Fund has befm established to pre-fund the acquisition of new equipment as well as to recognize the depreciation and need for replacement of equipment and lease-hold improvements presently existing. Revenues for this fimd are comprised of interest on investments and a transfer of funds from the Studio/Access Production Fund. Expenditures from this fund will be decided after the Cable Administrator and production staff have had time to further assess equipment condition and additional needs. This fund will also be initially created by a transfer from the 1999 ending fund balance. The Lake Minnetonka Communications Commission believes this new budget format will be a more effective management tool for the Commission and Staff as well as provide a more understandable document by which the LMCC member cities can view their Commission ’s allocation of resources. 1 I.AKI- MFNNHTONKA COMMUNICA HONS COMMISSION REVENUES Franchise Fees PEG Fees Mound PEG Fees Chanliasscn Fees Studio Rental/Dubbing I'ecs Interest Insurance KcAind Triax FranchUo Fee Settlement Triax Moving Settlement Landlord Contribution Transfer From Other Fund 1999 Franchise Fees (Paid Quarterly in 1999) Total Revenues 1999 Budget Additions $160,000 $9,565 $52,200 $6,625 $250 $4,(HX) $607 $15,000 $15,000 $10,000 $192,000 Adininislralion Sludiu/Acccss Capital Improvement 1999 2000 2000 2000 Revised Proposed Proposed Proposed $169,565 $52,200 $6,625 $250 $4,000 $607 $15,000 $15,000 $10,000 $192,000 $192,000 $.1,000 $5.1.000 $27,000 $0 $500 $.1,000 $75,000 $216.200 $249.047 $465^147 U21I $158.500 $500 $10,000 $10.500 I.AKI- MINNIiTONKA COMMUNICATIONS COMMISSION Bud^ict Summary And Resulting Cash Balance Total 2000 Ending Cash Balances S269.988 Leasehold iinprovenienls (rcniodeling and other costs relating to relocation) for 1999 arc shown in Capital Outlay of SlOL.^OO in the Revised 1999 Budget. 'Ilie transfer of $75,000 from Franchise Adniuiistration to Access Studio Production represents an annual allocation of franchise fees to Public Access. llic year 2000 p'ranchisc Administration Fund shovs’s a fund balance transfer out of Sl.'tO.OOO. 'lljis is a one-time transfer of fund balance to estaNish logining fund balances of $100,000 for the Access Studio Production Fund and $.'K).000 for the Capital Improvement Fund. Without these transfers of funds, the cash flow for tliis fund would Iw a positive $17,275. ’Ilie Capital Improvement I'und docs not show any spending activity for year 2000 pending staff requests. Franchise Studio/Access Capital Administration Production Improvement Fi 1999 1999 2000 2000 2000 Budcct Additions Revised Proposed Proposed Proposed Total Revenues $249,047 $465,247 $195,000 $158.500 Operating Expense $178,000 $47,211 $225,811 $102,725 $148,255 Capital Outlay $57,600 $6.1.900 $101,500 7 Bainnee Transfers to Other Funds $1.10.000 Opt.uiing Transfer Out $75.000- $10,000 (Transfer to Other) Total Expenditures S2 10.200 $111,111 $.127,311 $.107,725 £2 Beginning Cash Balance $104.0.11 $104,031 $241,968 $100,000 $30,000 Increase (Decrease) to Cash $0 $1.17.937 ($112,725)$245 $10,500 Coding Cash Ualaocc f $104,031 $241,968 $129,243 $100,245 $40,500 Lake Minnetonka Communications Commission Franchise Admlnistratioo Expenses and Other Other Financing Uses Transfers to Other Funds 720 Aoceo Studio Operations lotai Other Financing Uses Total Admioistratioo 566.000 566.000 iiSSLtS^ 2000 anacing Uses 1999 Coraraitee Revised Proposal Personal Services 101 Salaried Full—time S47.080 $43,000 102 Salaried Overtime SO SO 103 Salaried Part-time 556 S7.000 121 PeraCoat.S5.852 S2.230 122 FICA ConL SO S3.100 123 Medicare Cont SO S725 131 Health Insurance S2.200 S3.000 151 Workers Corap Ins.SO S500 Total Personal Services S55.688 S59.555 Supplies 200 OfCce Supplies SO S1J200 220 Repair Sc Maint. Supplies S2.240 S 1.200 t otal Supplies S2.240 S2.400 Professional Services 301 Audit Fees S1.050 S1J150 304 Legal Fees S5.850 S3.900 314 Payroll Services SO S450 318 Janitorial Services SO S900 319 Security Services S321 S550 Total Professional Services S7221 S7.050 Other Services and Qiarces 321 Telephone/Comraunications S 1.560 S 1.800 322 Postage S 1.000 $1,000 331 Travel School & Conference S7.720 $6,000 332 Mileage SO $1,800 3S0 Printing and Publishing $1,669 S1./00 360 Insurance S2.950 $2,500 380 UtOities $1,566 S2.000 384 Refuse & Recycling Collection SO $120 404 MainL Repair Equip.SO $3,000 412 Building Rent S9.000 $9,000 433 Dues A Subscriptions S900 $3,000 438 Property Taxes SU22 $1,300 439 Contingency S500 $500 iotal Other Charges $28,087 $33,720 Total Expenditures S93.236 $102,725 S7SJOOO S7S.000 azLzn Lake Minnetonka Communications Commission Access Studio Production Eipenses and Other Financing Uses Personal Services 1999 Revised 2000 Commitee Proposal 101 Salaried Full-tune S38.520 $33,000 102 Salaried ’’Overtime SO $0 103 Salaried Part—time S299 $•.7,000 121 Pera Coot S4.788 $1,710 122 FICA Coot.V)$.3,100 123 Medicare Cont SO $725 131 Health Insurance S1300 Si.noo ISI Workers Comp Ins.SO $500 Total Personal Services $45,407 $39,035 Sunolies 200 Office Supplies S2.240 SUOO 220 Repair & Maint Supplies $0 $1200 1 otal Supplies $2,240 $2,400 Professional Services 301 Auditing Fees S 1.050 $1250 304 Legal Fees S3.150 $2,100 311 Access Contractors SI 1,400 $12,300 314 Payroll Services SO V»50 318 Janitorial Services SO $900 319 Security Services SO S-HX) Total Professional Services $15,600 S1/.XIU Other Services and Charses 321 Teiepbone/CommunJea'ions $1,560 $1,800 322 Postage $1,000 $1,000 331 Travel School &. Conference S1.480 SIJOO 332 Mileage $600 $600 330 Printing and Publishing SSJXK $5200 360 Insurance $2,950 $2200 380 UtUitics S4266 $4,000 384 Refuse & Recycling Collection so $120 404 Maint Repair Equip.S2a700 $20,700 412 Building Rent S27.000 $27,000 433 Dues Sc Subsaiptioos S600 $600 438 PropertyTaxes S3j666 $3,700 439 Contingency |500 $500 1 otal tnner Charges S69J28 $69220 Total Expenditures S132J75 asm Other Financinc Uses Transfers to Other Funds 720 Aocess/Studio Capital FUnd $27,000 iota! Other hmanang Uses $27,000 Total Access/Studk)asm S158255 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER II, 1999 Council meetincs 2 5 I99Q ROLL C'TVOF o ^o /vo The Council met on the above-mentioned date with the following members present: Acting Mayor Charles Kelley, Council Members Richard Flint, Bob Sansevere, and Barbara Peterson. Gabriel Jabbour was absent. Representing Staff were City Administrator Ron Moorse, Public Services Director Greg Gappa, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, City Engineer Tom Kellogg, Zoning Administrator/Planner Paul Weinbergei and Recorder Lanette Wolf. Acting Mayor Kelley called the meeting to order at 7:00 p.m. (#3) CONSENT AGENDA Items 6, 7, 8, 10, 11, 12,13,14, 15,18, and 19 were added to the Consent Agenda. Sansevere moved, Flint seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. (#1) NAVARRE WATER TREATMENT PLANT REHABILITATION A. ASSESSMENT HEARING Kelley opened the public herring at 7:04 p.m. There were no comments. The public hearing was closed. B.ADOPT THE NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT REVISED ASSESSMENT ROLL - RESOLUTION NO. 4359 Peterson moved, Sansevere seconded, to approve Resolution No. 4359 Adopting the Revised Assessment Roll for the Navarre Water Treatment Plant Rehabilitation. VOTE: .\yes 4, Nays 0. (#2) PUBLIC HEARING AUTHORIZING LEVY CERTIFICATION TAX RATE INCREASE FOR THE 1999 TAX LEVY COLLECTIBLE IN 2000 - RESOLUTION NO. 4360 Kelley opened the public hearing at 7:05 p.m. There were no comments. The public hearing was closed. Kelley asked if this is a new reejuirement that prohibits cities from saying they are not raising their tax rate. Moorse said that the State Legislature is concerned that some local units of government claim they are freezing their tax rate which sounds like they are freezing taxes. The legislature created the "Levy Certification Tax Rate" which forces cities to say the tax rate is increasing. Page I 1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER II, 1999 PARK COMMISSION COMMENTS - Continued Use said there is one property owner who is very supportive and that person owns most of the property needed for the trail right-ot-way. Flint recalled that it was going to be expensive to install a trail in that area and that the Council did not want to spend the funds. He thought the City was going to just cut the grass, as a preliminary measure, from Old Crystal Bay over to the park. Gappa said the City is mowing the internal trails only. Flint asked if the shoulder of the road was being mowed. Gappa and Use said no. Flint asked what the Park Commission has in mind for that area. Use said the Park Commission would like to talk to the property owner about what it would take to get the trail off the shoulder of the road. Flint asked if the trail would be on the public right-of-way. Gappa said if the trail would be separated from the road, it would be necessary to obtain some easements. Flint asked if it could be located beyond the shoulder and still be on the public right-of-way. Gappa said it may be possible to make a wider shoulder. Flint said the Council would need to know if it w^^ld be on the public right-of-way or if it would be necessary to spend significant dollars to obtain easements. Flint asked Use what kind of trail the Park Commission was considering. Use said the Commission has not planned that far ahead because they want to find out if the Council will support the project. She wants the Council to know that the neighbors do support it. Flint asked if the trail would go all the way to Thoroughbred. Use said yes, and that way people would not have to walk on Watertown where there is no shoulder. Kelley asked if the City has an easement on Thoroughbred because it is a private road. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 PARK COMMISSION COMMENTS - Continued Gappa said public use of Thoroughbred Road would be a problem because this is a private road. The City only has underlying access easements for utilities, emergency services, etc., but not for general public use. PLANNING COMMISSION COMMENTS - Jay Nygard, Representative None PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT {US) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT, RESOLUTION NOS. 4361 AND 4362 The applicants were not present and City Attorney Barrett suggested that the matter be tabled until later in the meeting. Peterson moved, Sansevere seconded, a motion to table Item #2492,2490 Old Beach Road. VOTE: Ayes 4, Nays 0. (*#6) #2521 JOSEPH HAUS, 4485 BAYSIDE ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4363 Sansevere moved, Flint seconded, to approve Resolution No. 4363, Granting a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3, (G) File #2521,4485 Bayside Road. VOTE: Ayes 4, Nays 0. (*#7) #2523 RONALD AND RITA JANE ZEBECK, 998 WILDHURST TRAIL - VARIANCE^ AND CONDITIONAL USE PERMIT - RESOLUTION NO. 4364 Sansevere moved, Flim seconded, to approve Resolution No. 4364 Granting Variances per Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L) (2) and a Conditional Use Permit per Section 10.03, Subdivisions 19-21 File No. 2523,998 VVildhurst Trail. VOTE: Ayes 4, Nays 0. Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (*#8) #2524 W. DUNCAN MACMILLAN, 1700/1820 FOX STREET - CONDITIONAL USE PERMIT - RESOLUTION NO. 4365 Sansevere moved, Flint seconded, to approve Resolution No. 4365 Granting a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21, File #2424,1820 Fox Street. VOTE: Ayes 4, Nays 0. V#9) #2541 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH, FINAL PLAT OF PHILLIPS WOODLAND TERRACE THIRD ADDITION Peterson moved, Flint seconded, to table Item #2541,2140 Sixth Avenue North, Final Plat of Phillips Woodland Terrace Third Addition, until October 25,1999. VOTE: Ayes 4, Nays 0. ENGINEER REPORT (*#10) REQUEST FOR SANITARY SEWER - 480 RUSSELL AVENUE Sansevere moved, Flint seconded, to approve use of one sewer unit for connection of 480 Russell Avenue to sanitary sewer with the property owner responsible for all costs associated with hookup, including the connection fee for the Minnetonka Bluffs sewer project, and City Engineer plan approval required. VOTE: Ayes 4, Nays 0. (*#11)REQUEST FOR SANITARY SEWER - 925 BROWN ROAD NORTH Sansevere moved, Flint seconded, to approve use of one sewer unit for connection cf 925 Brown Road North to sanitary sewer with the property owner responsible for all costs associated with hookup, including the connection fee for the North Long Lake sewer project, and City Engineer plan approval required. VOTE: Ayes 4, Nays 0. (*#12) AWARD CONTRACT FOR WELL #1 REPAIRS Sansevere moved, Flint seconded, to award the contract for well number 1 repair to Alberg Water Services, Elk River, Minnesota, for a total base bid of 529,765. VOTE: Ayes 4, Nays 0. (*#13) REQUEST FOR PAYMENT #2 - EDGEWOOD HILLS SANITARY SEWER PROJECT Sansevere moved, Flint seconded, to approve Request for Payment #2, Edgewood Hills Sanitary Sewer Project to G.L. Contracting Inc. in the amount of 516,911.29. VOTE: Ayes 4, Nays 0. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (*«14) REQUEST FOR PAYMENT U2 - ORONO ORCHARDS SANITARY SEWER PROJECT Sansevere moved, Flint seconded, to approve Request for Payment #1, Orono Orchards Sanitary Sewer Project to Widmer Inc. in the amount of 556,155.69. VOTE; Ayes 4, Nays 0. (*#15) REQUEST TO PURCHASE GOLF COURSE LEAF BLOWER Sansevere moved, Flint seconded, to approve purchase of a Little Wonder Leaf Blower from Long Lake Power Equipment for 5932.40 to be funded from the Golf Course Capital Outlay Budget with the necessary budget adjustment approved. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT (#16) 200 HOLLANDER ROAD - CONCERNS OF PROPERTY OWNER Sansevere moved, Peterson seconded, to table the matter concerning 200 Hollander Road until October 25,1999. VOTE: Ayes 4, Nays 0. (#17) LONG LAKE VOLUNTEER FIRE DEPARTMENT YEAR 2000 BUDGET Moorse stated this is information about the Long Lake Volunteer Fire Department’s Year 2000 Budget. He said the overall budget is increasing 7% or 51 1,394. Orono ’s share is $8,390. The majority of the increase is related to an increase in the pension contribution. He referred to a survey of other volunteer fire departments that shows pension and other compensation levels. The increase in the pension contribution will begin to move the pension to a level that the Fire Department feels will help them to recruit and retain firefighters. Moorse said the Fire Department has budgeted $24,000 in the year 2000 for painting and minor refurbishment of Engine 11 and Tanker 11. He reminded the Council that they have some information from past meetings that lays out more significant expenditures in the coming years for vehicles and equipment. Flint asked how the major expenditures for vehicles and equipment and the location of the fire station will be addressed in the future. Moorse said that the amount that is set aside each year for vehicle and equipment replacement has been increased from $20,000 to $30,000 in the City of Orono ’s Year 2000 budget. He said that does not include the amount that the City may have to pay toward a new fire station. At this point, no one is sure what the City ’s share of the cost might be for a new fire station because Mn/DOT will be paying for a portion of it and the station has not been designed. Page 6 ORONO cn Y COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (HI 7) LONG LAKE VOLUNTEER FIRE DEPARTMENT YEAR 2000 BUDGET Continued Flint asked what percentage the City of Orono pays. Moorse said it is 71%. Flint said that, obviously, the City of Orono is a major player and needs to be involved in the planning process from the beginning. Kelley said that he and Moorse recently visited fire stations in St. Bonifacius, Chaska, Chanhassen, Shakopee, and Savage. He understands that the design of the Long Lake Fire Department ’s station is being held up because Long Lake is trying to work out an agreement with Mn/DOT on funding for consultant services for the design of the fire station. Long Lake wants to make sure they have an agreement in place with Mn/DOT where Mn/DOT will pay the costs of designing a new fire station. If they spend money before Mn/DOT has approved it, then it doesn’t get reimbursed. As soon as they have that agreement, an architect will be hired. He said that he, Peterson, and Kelley are on a facilities committee that will be working with Long Lake and the architect to put together a design for the fire station. Sansevere said that the cities are in discussions about consolidation. If that happens, he asked if the new fire station could be more centrally located and the need for Maple Plain ’s Fire Department diminished. Moorse said he is not sure that consolidation w ill change the location of the fire station. He said they are looking at locations that are a little farther west, but they wouldn ’t want to move it too far west because the fire station needs to be located relatively close to the firefighters. Sansevere said he w as thinking within one-quarter mile of the Orono City Hall because it is fairly central to Long Lake and parts of Orono. Kelley said that the consultant would help find the best location for the fire station. Sansevere said the Council should keep in mind that they will need to consider what role Maple Plain w'ould play if Orono and Long Lake consolidated and the fire station was moved farther west. Moorse said that on a periodic basis, the cities tal.e a look at the fire districts to see if changes are needed. Flint asked how duplication of expensive fire equipment can be avoided. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (#17) LONG LAKE VOL UNTEER FIRE DEPARTMENT YEAR 2000 BUDGET - Continued Moorse said that several of the local city administratois recently talked about that specific question. They want to meet with all the fire chiefs and city administrators to talk about avoiding duplication of expensive equipment and keeping volunteer fire departments viable. Kelley suggested there should be one fire department for the north shore of Lake Minnetonka with four different stations. Sansevere asked if both Long Lake and Maple Plain Fire Departments respond when there is a fire call. Moorse said that the fire departments cooperate very well through mutual aid. He said that as they looked at the various stations, each one has different equipment that would be nice to have, but the price adds up quickly. It would be very expensive to pay for the same equipment at the Long Lake fire station and all the other stations that support Orono. It might be more cost effective to have one main station with some satellites. Sansevere asked what percentage Orono pays to Maple Plain. Moorse said it is very low, perhaps $20,000 to $30,000 of a $167,000 budget. Kelley asked if the firefighter pension plan is under funded. Moorse said he does not believe it is undt. funded. Kelley asked why Orono is being asked to pay more money toward the pension fund. Moorse said it is because they want to increase the benefit. Kelley asked after the benefit level comes up, will it be under funded. Moorse said the City would want to figure out w hat the contribution needs to be to make sure that we can reach a benefit level without it being underfunded. Kelley asked if Moorse receives an annual statement of the pension’s investment returns. Moorse said he has not received a statement. He said the fire association is independent. Kelley said it is very important to get an annual statement that shows their investments and the returns. Flint asked if the fire association makes those investm ent decisions individuallv. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (U17) LONG LAKE VOLUNTEER FIRE DEPARTMENT YEAR 2000 BUDGET - Continued Moorse said the department itself has a fire relief association with a board that makes the investment decisions. They may be working with a financial advisor to help them with their investments. Kelley said that not all the fire departments participate in PERA. Some of them handle their own pension funds. Peterson moved, Sansevere seconded, to approve the proposed Long Lake Volunteer Fire Department operating and capital budgets for the year 2000, and to amend the General Fund and Improvement and Equipment Outlay Fund budgets to reflect these expenditures. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Flint said there are two work sessions scheduled and he asked Moorse if those meetings will be held. Moorse said there is a work session this Thursday at 7:30 a.m. to talk about the stormwater management plan. He said there are meetings scheduled for October 21 and October 28. The Council will be meeting with Mn/DOT on the preliminary layout. The Council also needs to talk about the Comprehensive Plan at one of the meetings. Kelley asked Kellogg if the work that was done south of the bridge on North Femdale Road during the North Long Lake Project was paid for by the City of Way/ata. Kellogg said they did pay for it. Sansevere said a resident inquired w'hether the City Wr'ould be interested in obtaining a pK)iice dog. Peterson said the City has had two police dogs in the past. Moorse said it was not cost effective and the City can call other police departments if a canine is needed. He said it was a public relations tool. Sansevere asked when the City last borrowed a canine from another department. Moorse said he would check with the Police Department. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (*#18) PURCHASE OF LAND MANAGEMENT SOFTWARE (GOVERN) Sansevere moved, Flint seconded, to grant preliminary authorization for the purchase of the Govern and ArcView software, subject to receiving the formal proposal from GeoAnalytics. VOTE; Ayes 4, Nays 0. (*#19) RESIGNATION OF COMMUNITY SERVICE OFFICER Sansevere moved, Flint seconded, to accept the resignation of Jason Koczur from the position of part-time Community Service Officer effective September 19,1999. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None. (*#20) LICENSES Sansevere moved, Flint seconded, a motion to approve the following licenses: HOME OCCUPATION LICENSES Mi Casa Salon (Hair Salon) Jennifer M. L’Allier 2684 Lydiard Avenue Excelsior, MN 55331 Morning Staar Surgical (Surgical Supply) Thomas W. Clapp 475 Ferndale Road North Orono, MN 55391 Nail by Ginger (Service) Ginger Scott 2620 Kelly Avenue Excelsior, MN 55331 Waldron Law Offices, Ltd. (Law Office) John B. Waldron 1951 Concordia Street Orono, MN 55391 Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 SPECIAL EVENT PERMIT Applicant: Event: Location: Date: Janies McNulty, McNulty Construction Company Builders Association of the Twin Cities Parade of Homes Remodelers Showcase 3125 Fox Street October 15,1:00 p.m. - 7:00 p.m. October 16 and 17,12:00 p.m. - 5:00 p.m. VOTE: Ayes 4, Nays 0. (*#21) BILLS Sansevere moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. (#5) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT, RESOLUTION NOS. 4361 AND 4362 The applicants were not present. Weinberger presented the staff report. He stated that a revised restoration plan has been reviewed by Dr. Peter Bedker who recommended the plan be adopted by the City. The plan has removed two trees that were located near the far property lines and relocated them closer to the center of the property. He said this plan has not eliminated any trees that did appear on a previous plan; however, it has increased the spacing and will achieve 90% canopy coverage within the 25-year restoration period as recommended by Dr. Bedker. Weinberger said the applicant also applied for a conditional use permit and variance to allow for retaining walls and to allow fill within 75’ of the lake. He said that staff and Dr. Bedker recommend approval. He said that the applicants have proposed a stairway 5’ wide, however the Ordinance only allows stairways 4 ’ in width. StalT is recommending the proposed stairway be reduced 1 ’ to comply with the ordinance and decrease potential hardcover on the property. Weinberger said that the Restoration Agreement contains a number of conditions to which the property owner and the City agree to. One of the conditions allows Staff to enter the property and conduct an initial inspection following restoration planting and additional annual inspections for six consecutive years. The purpose of the site inspections is to ensure a successful restoration program and ensure the bluff is not subject to any erosion problems. It also gives the City the right to complete the work if the restoration is not completed or is unsuccessful and for the property owner to pay for those services. Weinberger said the code requires all conditional use permits and variances to be recorded on the chain of title of the property. The property owner disagrees with this requirement. Staff is Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (U5) U2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT - Continued recommending that the Restoration Plan, variance for the retaining wall, and the conditional use permit for the small zunount of fill be approved. This is all subject to the property owners agreeing to sign the conditional use permit and the restoration agreement. Barrett said that two weeks ago he sent a memo to Mr. Reznick to tell him that the City was determined to see a Restoration Agreement and to point out to him the legal authority of the City to compel one. If someone cuts trees and vegetation in violation of the zoning code., the City can repair to the District Court and get an order of mandamus requiring the property owner to restore it. Barrett also cited him the statutory requirement that the conditional use permit would have to be filed against the land. He did not hear from Mr. Reznick and finally reached him last Wednesday. Barrett said he told Mr. Reznick the matter would be on the agenda tonight and a decision would have to be made because the time period would be expiring unless he and the City mutually agreed to an extension. Mr. Reznick is not present at tonight ’s meeting. Barrett said he wanted to be certain that the Council members understand the legal implications of the document. He said there are three separate matters. They are a variance to allow the fill, a conditional use permit which allows the regrading, and a restoration plan. He said that nothing in the language of the conditional use permit or the variance has to do with restoration. The restoration plan is a separate piece which staff had hoped to treat as a condition which could be wrapped in and made enforceable. Barrett said he would like to provide a short amendment to the staff s conclusions and recommend that the Council pass the proposal if they like it substantively. By his amendments, the City could include the restoration agreement, the exhibit which shows the restoration plan and state specific''!ly that the conditional use permit and restoration plan are to be filed against the land. If the applicant refuses that, Barrett thinks the City should prevent any further work on the land until the proper conditional use permit and variance are granted. Secondly, Barrett said the City should commence an enforcement action against the property owner in order to compel the restoration plan, not just to be accepted, but to be filed against the land. This is important because if the land is sold tomorrow, there is no way to compel the subsequent owner to maintain the restoration unless there is an order filed against the land. Most of the trees can be cut at will because the replacements will be so small and the City has no ordinance to prevent them being cut. Sansevere asked if the restoration plan could be enforced against the new owners if the property was sold tomorrow-. Barreti replied that in his view-, unless the City gets some type of agreement to file the plan and the City’s rights of entiy and repair against the land, then the new owner is not bound by it. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (#5) U2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT- Continued Sansevere asked if, in that case, the City should pass the restoration plan. Barrett said that it may be that the applicants will accept the restoration plan and agree to have it filed against the land. He said that if the City passes the restoration plan, then he knows what the City ’s position is and he can go to Court to request that it be ordered against the land. Sansevere said he would have a problem passing the restoration plan because there were trees cut down in the center of the property and the restoration plan does not call for them to be replaced in the center of property. He feels it would set a bad precedent to allow them to replant the trees only on the sides of the property. Kelley said the City is concerned about the trees that were cut down in the 0-75 ’. He asked if the City can do anything about the trees that were cut down in the 75-250 ’. Weinberger said that in this case, the City can do something because the Code does not allow intensive vegetation removal on a steep slope. This property has a steel slope up to approximately the 954 contour, which would include most of the trees. He said clear cutting is not allowed by the code. Sansevere asked to be shown the new tree line. Weinberger showed the location of the trees on the restoration plan. Sansevere said the Council would be setting a bad precedent by allowing the applicant to only replant trees on the side of the property rather than in the middle. Barrett asked Weinberger to show the 954 contour. He said it is true that there were five trees taken altogether, but he does not believe the City can regulate the trees that are behind the 954 contour. Weinberger showed that there were two trees removed in the 954 contour. Flint said there are contour lines farther from the lake. Weinberger said it was determined by walking the property where the actual slope goes from jing steep to coming out to a more even grade. He interpreted the 954 contour to be the top of the slope. He said it could be argued that the slope goes higher on the hill. Flint said the contour line closest to the house could be interpreted as the top of the bluff. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (U5) #2492 RICK AND GAIL L UZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT - Continued Weinberger said the top of the bluff deals with the rise in the elevation over a certain period. He believes the section of the ordinance dealing with tree removal refers to steep slopes and doesn’t necessarily refer to a bluff. Flint said he feels Dr. Bedker’s plan was an effort to work it out with the property owner with a little give and take on everybody’s part. Now, the City is in a situation with a non- cooperative property owner who will not even show up at the meetings. He believes another approach would be to turn the entire application down until there is an adequate restoration plan. Sansevere said that the one time the applicants were at a meeting, it was made clear that the Council would like to see them address the fact that so many trees were removed from the center and it doesn’t seem like there is any movement on their part to do that. Flint said he doesn't believe they ignored it completely. Sansevere said they moved two trees, but not to the center to replace the ones that were cut down. Barrett said the question is the extent to which the Council can predicate a decision on a variance application or conditional use permit application on the restoration plan. He said the variance application really has to do with hardship and what is done in similar circumstances. The conditional use permit for the grading is the same issue. Ordinarily, the Council looks at conditional use permit applications and grants them or not depending on whether they meet the written required conditions. He does not believe there is any immediate link betw’een those applications and the restoration plan. Sansevere said he does not have a problem with the walkway or the retaining wall. Jay Nygard said he believes they are linked in several ways. He said the biggest tree they removed may or may not be in the bluff area, but it had the largest root structure and it was maintaining the most erosion control. He said that when the applicants presented the proposal to the Planning Commission, they passed it so the applicants could get the plantings completed this year and reclaim the land. He believes that the plan the Planning Commission reviewed had several trees planted down by the lake in the center ol the lot. He said the present plan is contraiy' to what the Planning Commission looked at. Kelley said he is concerned that the land will be sold and the City will have no recourse. Peterson said she believes there will be a problem w ith the perception within the community if the trees in the center arc not replaced. I Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER II, 1999 (#5) U2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT- Continued Barrett recommended that the Council think of the restoration plan as not being linked to the conditional use permit or the variance, consider what they would want to see as an appropriate restoration plan and if the applicant will not agree to it and record it against the land, that is predicate for litigation. Kelley asked if the Council can move the trees on the plan if they don’t feel the plan is appropriate. Barrett said yes, he thinks the restoration plan is an independent piece. Kell'^y asked if the Council members would like to move the two maple trees back to the center of the property. Sansevere asked Nygard where the trees by the lake were supposed to be located. Nygard said the plan being shown is not what the Planning Commission reviewed. He said the plan they reviewed had a few trees in the middle and the Planning Commission wanted to see more trees and less shrubs. He does not believe the applicants followed the direction of the Planning Commission. Kelley said the trees should be moved to the top of the bluff, not do\%n by the lake. Sansevere said he would like the new trees planted as close as possible to the siumps of the trees that were removed. He thinks the Council needs to send a message to everyone that they can’t cut their trees down to get the view and then replace the trees on the side. Peterson said there is a problem with the definition of the bluff. Flint explained to Gaffron that the Council was addressing the question of where the bluff starts and whether the Council has any power to deal with the area near the house. Gaffron said the total removal of trees is not allowed in a bluff. The bluff includes the bluff impact zone which is the area up to the top of the bluff and the next 20 feet. The top of the bluff is the point at which the slope changes from 18 percent or more to 18 percent or less. Sansevere asked if the three trees near the house are in an area that the Council has authority over. Kelley said Weinberger has defined the top of the bluff at the 954 contour, Gaffron said, in his opinion, the w hole feature is the bluff and if they have clear cut on the bluff, those trees would have to be replaced. Page 15 •I ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (#5) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCES AND CONDITIONAL USE PERMIT • Continued Sansevere said that he would like to see two trees planted in that area also. Kelley said that the applicant would have to replant two maple trees between the 956 and 958 contour as close as possible to the original. He said it is also the Council’s opinion that the two maple trees that were cut at the 75’ line should be replanted toward the center of the lot. The other Council members agreed with Kelley. Kelley said he thinks the Council members all agree on the variance and the conditional use permit. Kelley asked w hich items of the proposed resolution need to be changed or added onto. Weinberger said the requirements for replanting will be added to the resolution as part of the conditions. Sansevere asked Barrett what the Council needs to add to protect itself from someone buying the property next week and not having the plan enforced. Barrett recommended that the Council set a deadline within which to get an agreement on the restoration plan as amended. If an agreement is not obtained, to authorize him to commence litigation and to file it against the property. Kelley suggested Friday, October 22nd. Sansevere asked what would happen if the owner sells the property before accepting the agreement. He asked if the new owner would get the property in the state it is in now and the City could do nothing. Barrett said that to some extent it is a question of whether they would be good faith purchasers or they buy in ignorance of this. He said the violation the City is seeking to remedy occurs by the action of an individual person against whom, and his land, the City can get an order. To say that a subsequent purchaser has liability for those actions is hard to do unless the City could demonstrate actual knowledge. Sansevere asked if the Council should consider filing the litigation now. Moorse suggested that the City put a sign back up so that any potential buyer would see it. Sansevere asked if they would be bound by any legal obligation to do something about it. Barrett said that if they arc aware tliat the properly is subject to a dispute about whether it has to be restored, that they would take it subject to that dispute. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 11,1999 (#5) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD AND CONDITIONAL USE PERMIT-Continued - VARIANCES Sansevere said that if there is a chance of the property being sold, the City should do something about it right away. Flint ask'^d Barrett if he was saying that the City could commence litigation tomorrow and file a lis pendens simultaneously. Barrett said yes, and that would put a new owner on notice that the property is subject to litigation and that they have to inquire as to what it is about. The title investigation should reveal the lis pendens. Flint said he thinks the City should commence the litigation and file the lis pendens. Peterson moved, Sansevere seconded, to approve Resolution No. 4361 Granting Variances Per Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56^ Subdivision 16(L)(1) and a Conditional Use Permit per Section 10.03, Subdivision 19, File No. 2492,2490 Old Beach Road, on the condition that the applicant reduces the width of the proposed stairway from 5* to 4’, and excluding the restoration plan. VOTE: Ayes 4, Nays 0. Sansevere moved, Flint seconded, to adopt a resolution authorizing Mr. Barrett to commence litigation to restore the propert>- because of the cutting in violation of the Zoning Code. VOTE: Ayes 4, Nays 0. Peterson moved, Sansevere seconded, a motion to adjourn the meeting at 8:20 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 17 COUNCIL MEETING REQUEST FOR COUNCIL ACTION OCT 2 5 1999 CITY Uh OHUNU DATE; 10/19/99 ITEM NO.‘I Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2519 Matthew and Robin Staloch 4705 Watertown Road Amend Variance Zoning: RR-IA One Family Rural Residential Zoning District (5 acre) Summary of Request The City Council approved a variance to allow a 40' x 28' bam to be located on the applicant's property located at 4705 Watertown Road. A variance was required because the accessory building (bam) is located closer to the front property line than the principal stmcture which is located near the rear of the property not allowing a bam to be located between the house and rear property line. Following approval of the variance the applicants purchased the materials to constmct the bam and it was determined the bam is 30' in width where the variance approved a bam 28' in width. The applicants have requested the Council amend the variance approval to allow a 40' x 30' bam. Because the property is 5.4 acres in size the lot is allowed one oversized accessory building with a maximum size of 2,200 s.f. The proposed building is 1,200 s.f. Council Action Requested Adopt or amend the enclosed resolution. A RESOLUTION GRANTING AN AMENDMENT TO A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) FILE #2519 WHEREAS, Matthew A. Staloch and Robin J. Staloch (hereinafter "the applicants") are owners of the property located at 4705 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows. Exhibit A attached, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 20, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the City Council approved a variance to permit a 28 ’x40’ accessory structure on September 27, 1999; and WHEREAS, the applicants have applied to amend a previously approved variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit construction of a 30'x40' accessory structure between the principal building and the street where no accessory structures are to be allowed. NOW, THEREFORE, BE IT RESOLVTD by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2519. 2. The property is located in the RR-IA Zoning District, where 5 acres or 217,800 s f is the minimum lot area. The property consists of 5.6 acres or 245,000 s.f. Page 1 of7 3. 5. The Planning Commission reviewed this application on September 20, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The bam meets all required setbacks for a building with animal uses. B. D E. The lot is within the setback for Painter's Creek. The bam is outside the 100 foot setback required for structures from the creek. Oversized accessory structures require a restrictive covenant be placed on the chain of title alerting future property ovmers of conditions on the property. Horses are a permitted use in the RR-IA Zoning District. Location of the house would not allow a building location for a bam without a variance. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 7 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit construction of an accessory structure between the principal building and the street. Approval was subject to the following conditions; 1. 2. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit B. Any amendments to the site plan may require further Planning Commission and City Council review. Property owners file a restrictive covenant on the lot for an oversized accessory structure. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 25, 2000). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of7 Adopted by the Orono City Council on this 25th day of October, 1999, 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 25th day of October, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of_____^ 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public •! STATE OF MINNESOl A ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 7 Exhibit B THAT PART OF THE NORTHWEST QUARTER OF SECTION 31. TOWNSHIP 118, RANGE 23 DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 40 MINUTES 32 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 29.3 FEET; THENCE SOUTH 49 DEGREES 12 MINUTES 46 SECONDS EAST A DISTANCE OF 326.8 FEET; THENCE SOUTH 44 DEGREES 02 MINUTES 46 SECONDS EAST A DISTANCE OF 260.91 FEET; THENCE SOUTHEASTERLY 21.87 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1432.39 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE CONTINUATION OF S^D CURVE TO THE WESTERLY LINE OF THE PLAT OF MCCULLEY FARM; THENCE SOUTHERLY AND WESTERLY ALONG THE WESTERLY AND NORTHERLY LINES OF SAID PLAT TO THE MOST NORTHERLY CORNER OF LOT 2, BLOCK 2. IN SAID PL^; THENCE NORTH 28 DEGREES 36 MINUTES 48 SECONDS EAST A DISTANCE OF 217.08 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 48 SECONDS EAST TO THE INTERSECTION WITH A LINE WHICH BEARS SOUTH 78 DEGREES 19 MINUTES 48 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NO^H 78 DEGREES 19 MINUTES 48 SECONDS EAST TO THE POINT OF BEGINNING, COUNTY OF HENNEPIN. STATE OF MINNESOTA Page T of 7 Application Date: 8/23/99 Completion Date: 8/25/99 60 Day Deadline: 10/24/99 REQUEST FOR COUNCIL ACTION DATE: 9/22/9; ITEM NO.: Department Approval: Name Kris Jenson Title Assistant Zoning Administra'.or/Planner Administrator Reviewed:Agenda Section: Item Description: #2519 Matthew & Robin Staloch 4705 Watertown Road Variance-Public Hearing Zoning District: RR-IA One Family Rural Residential District (5 Acres) Lot Area:5.6 Acres Application: The applicant has proposed to construct a horse bam between the principal stmcture and the street. This lot is approximately 350' wide and 700’ deep, and the house sits at the rear of the property, only 61.8' from the rear property line. The west property line is Painters Creek. Due to the house location and the creek, the only feasible place to locate the bam is along the driveway in the center of the lot. The area between the bam/driveway area and the east property line will serve as the pasture area for the horse. The proposed building is 28' x 40', and meets all other setback standards for oversized structures. This site, even with the proposed horse bam, is at 0% hardcover within the 0'-75' zone, falls under 10% hardcover within the 75'-250' zone, and 19% within the 250'-500' zone. This application requires the following variance approval: 1.Variance from Section 10.03, Subdivision 9 (D): To permit construction of a 28' x 40’ accessory structure between the principal building and the street. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To improve the enclosed resolution. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. TO: FROM: DATE: RE: Chair Ha\vn eind Orono Planning Commissioners Ron Moorse, City Administrator Kris Jenson, Assistant Zoning Administrator/Planner September 7,1999 #2519 Matthew & Robin Staloch, 4705 Watertown Road Variance-Public Hearing Zoning:RR-IA, 5 Acre District Application: To allow a horse bam to be constmcted between the principal residence and the street. STAFF SUMMARY The applicants have requested a variance to permit the construction of a horse bam between the principal stmcture and the street. This lot is approximately 350' wide and 700' deep, and the house sits at the rear of the property, only 61.8' from the rear property line. The west property line is Painters Creek. Due to the house location and the creek, the only feasible place to locate the bam is along the driveway in the center of the lot. The area between the bam/driveway area and the east property line will serve as the pasture area for the horse. The proposed building is 28' x 40', and meets all other setback standards for oversized structures. This structure will be located more than 75' from the nearest property line, and over 150' from the applicant's home, as well as the neighboring homes at 4765 Watertown Road and 630 Deborah Drive. The North lot line of this property is Painters Creek, and therefore the property falls unders Shoreland Regulations and hardcover requirements. This site, even with the proposed horse bam, is at 0% hardcover within the 0'-75' zone, falls under 10% hardcover within the 75'-250' zone, and 19% within the 250'-300' zone. Pertinent Ordinance Section 10.03 General Provisions, Subd. 9, Accessory Buildings (C) Area Restrictions, (3)(a): No such accessory structure shall be located within a required yard area (principal stmcture setbacks must be met). Further, no such stmcture shall be nearer the front lot line than the front lot line of the principal residence on the property, and no such accessory stmcture shall be located less than 30' from the side or rear lot line regardless whether less strict principal stmcture setbacks apply. d) #*i/9 Sfutthew d Robin Staloch -^"05 fla/ertoun Road Variance September T, 1999 page-I ANALYSIS RR-1A District Reqairemerts Lot Area Lot Width Front Yard Rear Yard Side Yard 5 acres 300'100'100’50' Lot Area Lot Width Front Yard Rear Yard Side Yard Acres 300’580' to house, 200+' to bam 61.8’68', 165' This lot conforms to required lot width, lot area, front and side yard requirements. Issues 1 . The applicant's are in the process of identifying the secondary septic site on the property. A mound system was put in a year ago when the applicant's moved into the property, however a secondeiry site was not indicated in our records. Staff wants to ensure that the secondary site is not located within the bam or pasture area, in order to maintain the integrity of the site. STAFF RECOMMENDATION ► Staff recommends approval of the variance to allow construction of a 28' x 40' accessory stmcture between the principal building and the street. Exhibits: A B C D E F G Application Location Map Plat Map Survey Elevation Drawings Neighboring Property Owners List Hardcover Calculations ^2519 Matthew A Robin Staloch 4705 IVatertoHn Road Variance September 7. 1999 page-2 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address_____H lO ^ U_) (XVK nO Property Identification Number (P.I.D.) 3 /11 ocO 3 m •• •• .• .••ft * Application# Date Receiv^~ Amount Paid . C^ Attach legal description to application if not included on required survey. Date Property Acqmred_____3 I ________________________________^(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: residential ___^other (specify)______;________________ Zoning District: ___________________________________________________ APPLICANT ^ Name s-V\Cb.ir, Address: U i A.>r^t? A City: Phone (home") lO Phone (work) ? Z Zip: OWNER (if different than applicant) Name < ,\ \ Phone (home). Phone (work). Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ~~i o - a. \::>c\^v~\ : ^ Aaais tggfe =| 3 c O O A-.,. (attach additional sheets if necessary) VARIANCES REQUIRED ^ Lot Area ___Lot Width ___Hardcover ___Lot Coverage ^ Setback: ^ Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusu^ property conditions preventing compliance with Zoning Code requirements; ‘<r n * * * * y*r,y:\r: ui'T vj- . * •' iT'' • " *( >. mum mrnmmwm •nioooiM mmmmm Lmi a mmm mm mmm m TOM iMt ■ /m ^ T n ***^^^1 m%f m M ttM V«a«T m i wtm T>a an mmm ^mim £ 6 /a) \ \ V ^ Doc>i?_; i ........ 5 *cl-l Pc;r*4.K 5ouTH I.-. 1C ' J r " 1 1 V X w> cv .1 I I •' I ' i I i I i “*“1"" * a7/> I » •• ........................' • • • •• . I •-1 • •I11 ' 1i 1 1 :• 1 ....... 'i r«\wiraxJ iwind^ _______•* _iJL.»___ 1 j I I : I I • i « • c r—...- • •-•i „ -.___ i U J BAST i •• I —- I - j—i- f- r* ---- I I 11 ji V RUN DATE 08/17/99 BATCH 508 PROP ADDR ONNER NANE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR i 38 31-118-23 22 0002 . 00765 WATERTOWN RD DENNIS OENE ESTERLY DENNIS GENE ESTERLY 0765 WATERTOWN RD HAPLE PLAIN HN 55359 38 31-118-23 22 0006 00660 WATERTOWN RD H W i S E LURTON H W LURTON i S E LURTON 3135 JAMESTOWN RD LONG LAKE HN 55356 70 36-118-20 11 0007 00825 CO RD NO 6 BARBARA J LEFKY BARBARA J LEFKY 0825 CO RD NO 6 HAPLE PLAIN HN 55359 ^_ _ _ _ HENNEPIN CDUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI03500I PACE 26 38 31-118-23 22 0003 00705 WATERTOWN RD H A STALOCH 8 R J STALOCH MATTHEW A I RODIN J STALOCH 0705 WATERTOWN RD MAPLE PLAIN HN 55359 . 38 31-118-23 22 0005 00720 WATERTOWN RD ROBERT L PIERCE ETAL ROBERT L PIERCE 0720 WATERTOWN RD HAPLE PLAIN MN 55359 38 31-118-23 22 0008 00630 DEBORAH DR G T KARLEN I M J KARLEN GREGORY T KARLEN 630 DEBORAH DR HAPLE PLAIN HN 55359 38 31-118-23 23 0005 00560 DEBORAH DR W G LUTH 8 J HARCOUX LUTN W G LUTH 8 J HARCOUX LUTH 560 DEBORAH DR MAPLE PLAIN MN 55359 70 36-118-20 10 0002 00070 ADDRESS UNASSIGNED W G LUTH 8 J HARCOUX LUTH W G LUTH 8 J HARCOUX LUTH 560 DEBORAH DR HAPLE PLAIN HN 55359 TOTAL BATCH 508 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION^ TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE /\ I .4 Qegy T\ :u.ham )COVE r calculation worksheet SETBACK ZONE: (CIRCLE ONE) 0-75’ r.YTSTING HARDCOVER IN ZONE A. House _____________ X Leof^ X X X B. Garaje • * • C. Driveway D. Sidewalk E. Patio/Dcck F. Lsndsc^e Uaderlain By Plastic Or Fabric G. Other « / •9:'QrO 'X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ + B . PROPOSED HARDCOVER IN ZONE A. House Leo|(h I > B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X G. Ocher 75-250'250-500*500-1000' WoUi u- S.F., S.F. S.F. S.F. S.F. • 10V ^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ____________- + B . ' PfrCO S.F. S.F. S.F. S.F. S.F. S.F.» S.F. S.F. ’S.F. S.F. •' I xlOO - > S.F. S.F. % */ ^ S.F. Width S.F. ____S.F. \12L___S.F. \n' •• S.F. S.F. S.F. S.F. S.F. E S.F. S.F. S.F. S.F. S.F. S.F. xlOO I j^S.F. S.F* "" % #••• ► hardcover calculation worj ^heet^ SETBACK ZONE: (CIRCLE ONE) 0-75’ T.YTSTTNG HARDCOVER IN ZONE A. House ___________• X 75-250’ El^HEET <:;^50-50^ Leogifa Wlddi B. • Garage •• * • C. Driveway D. Sidewalk E. i*atio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ■________ -J- B . PROPOSED HARDCOVER IN ZONE A. House _____________ X Leagch B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain B> Plastic Or Fabric X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY ARE/. IN ZONE A ____________ B . ma xlOO Width 500-1000’ S.F. S.F. S.F. s.p. S.F. S.F. S.F. 3 LI Xic-O S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.r« S.F. S.F. S.F. S.F. S.F. S.F. S.T. S.F. 'S.F. S.F. ^S.F. S.F. "S.F. 'S.F. S.F. S.F. S.F- Application Date: 8/18/99 Completion Date: 8/18/99 60 Day Deadline extended Rezoning Comp Plan Amendment to: 12/16/99 COUNCIL MFPTIWg OCT 2 5 CITY Oh OhOno REQUEST FOR COUNCIL ACTION DATE: 10/19/99 ITEM NO.:5" Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2522 The Bancor Group Inc. Southwest comer of County Road 6 and Willow Drive North (Willow View) Zoning District: RR-IB, Single Family Rural Residential, 2 Acre minimum lot size Comp Plan:Rural Service/Rural Residential (2 acre) Site Area:58 Acres (51.81 Acres dry buildable) Exhibits: A B C D E F G H I J K L M N O P Application Applicant Letter Dated October 12, 1999 Reduced Site Plan/Survey - Option I Reduced Site Plaa^Survey - Option 11 Reduced Site Plaa^Survey - Option 111 Original Site Plan Rev iewed by Planning Commission (September 20, 1999) Planning Commission N.inutes (September 20, 1999) Engineer Comments Land Use Map Comprehensive Plan Map Section 10.20 R-1A Zoning District Standards Section 10.32 Planned Residential Development Property Owner Notification List Plat Map Planning Commission Minutes - Sketch Plan (July 19,1999) City Council Minutes - Sketch Plan (August 9. 1999) 4 Pertinent Code Sections: 1. Section 10.20 - R-1A Zoning District Standards 2. Section 10.32 - Planned Residential Development Planning Commission Recommendation: The City of Orono has received a Preliminary Plat application for a 58 acre parcel located at the southwest comer of County Road 6 and Willow Drive North. The Planning Commission and City Council reviewed the proposed development as a Sketch Plan (Please note attached Minutes). The Bancor Group, Inc. had submitted a proposal to subdivide the property into 49 lots, with an average density of approximately 1 acre per dwelling unit. The Planning Commission recommended denial on a vote of 6 to 0 for Zoning Application #2522 based on the following comments: 1.The Orono Community Management Plan was amended with Comp Plan Amendment Number 2 indicating the plan for the subject site is to develop at a two acre rural density development and the Planning Commission is not in a position to change the Comprehensive Plan. 2.If the City of Orono rezoned property it should be to provide an alternative housing style or provide for a housing need not being met. This plan appears to provide the types of housing that would be provided under the existing zoning. J.The proposed number of lots (49) may be too dense. A plan reducing the amount of developable lots would be more desirable. 4.Municipal sewer and water are available to the property. The proposed development of the property would take advantage of the services available. Summary' of Request: ihe property is zoned RR-IB requiring 2 acres per unit. The applicants request the property be rezoned to R-1 A allowing 1 acre per unit density and develop the property as a Planned Residential Development (PRD). The purpose of a PRD is t« -' .ihance the appearance of neighborhoods through preservation of natural open spaces and to counteract the effects of urban congestion. A PRD/R-1A development would allow the property to be developed at one unit per acre, however the average lot size would be less than one acre. The remainder of the property w ould be held by the Homeowners Association as open space by the creation of conservation outlots. The City reviewed an application on this site in 1994 for a 58 unit development. The Planning Commission advised the 58 unit density was not acceptable but would consider a plan for reduced density. The applicant revised the plan leaving the north half of the property at 2 acre density and rezoning the southern half to allow 1 unit per acre density. This plan would have created 44 lots on the 58 acre site. The applicant later requested the application be withdrawn prior to any approvals by the Council. 1 The Bancor Group has provided 3 revised concept plans based on the recommendations of the Planning Commission and comments from adjacent property owners. Option I (Exhibit C) is a 44 lot proposal that concentrates the smaller lots to the interior of the propert>\ The larger lots would be located to the north and east adjacent to the larger lots in the RR- IB district in Shadowood and across CR 6. The proposal indicates minimal use of the conservation outlets especially along the established roadways. The concept does include conservation easements throughout the north and east properties. Option II (Exhibit D) provides the same lot arrangement as Option I, but rather than dedicating conservation casements the entire conservation area is within Outlets B and C thus reducing the size of manv of the lots.m Option III (Exhibit E) does not propose the use of outlots. This option would have a 1 unit per 1.6 acre density should the right-of-way areas credit for density under a PRD. The subdivider has indicated to sta.Tthis option would use private wells rather than municipal water supply. This application requires the following: 1. 2. Rezoning the property from RR-IB (Two Acre Rural Residential) to R-1 A/PRD (One Acre Residential - requiring one dwelling unit per acre density) Conditional Use Permit for a Planned Residential Development - The R-IA allows a Planned Residential Development as a conditional use. Section 10.20, Subdivision 3 (Exhibit K). 3. Comprehensive Plan Amendment - Two acre Rural Residential to One acre Urban Residential The Cit>’ changed its Comprehensive Plan to reflect medium density residential for the property located directly south of the proposed development. Medium density residential will likely be townhomes. It is the intention to e: end Kelley Parkway to Willow from Old Crystal Bay Road. Properties located to the south of Kelley Parkway and north of Highway 12 are guided for office uses. Rezoning The proposed rezoning of the site would allow higher density de*.elopment. The property could not sustain a rural style development with individual septic systems due to the high water table and soil types present. The surrounding propertit'« to this site include the Shadowood Fann development (two acre density east of Willow Drive), low density residential (two acre north of County Road 6). Orono School Campus (Future Middle Scr.ool Site to the west) and possible towriiome/office use along Highway 12 and Kelley Parkway (south). It may be appropriate to utilize this property as a buffer zone beuveen the mixed uses surrounding the proposed development. r Rezoning the property to sustain a one acre development may be appropriate for this area because sanitary sewer service is available. The property is located within the MUSA allowing for the provision of sanitary sewer. The rural two acre zoning district requires more land area for private sewage treatment systems. In addition it is more efficient and cost effective to extend sewer and water service to an area of higher density. Simply put, more lots will decrease the fmancial burden to each new lot for construction costs involved with infrastructure improvements. Developing as a PRD would allow for the creation of conservation outlots along Count) Road 6 and Willow Drive allowing for the highest concentration of lots being located within the interior of the property. The City Council should consider the following issues in discussing a Comprehensive Plan Amendment and rezoning the property: 1.If the City is to consider rezoning of property* for residential purposes is this the appropriate location? Approving any plan for density of greater than one unit per acre density would require rezoning the property to R-l A. The Municipal Code does not provide a district that would restrict the underlying zoning to a density between one and two acres. Some discussion has proposed developing the property as a PUD, however the Code would require rezoning the property to less than one acre zoning in combination with a PUD development. The property is located southwest of the County Road 6 and Willow Drive North intersection. The property located north of C.R. 6 and east of Willow Drive is zoned and developed as tw'o acre rural residential. The Orono School district has started construction of the new Middle School on property located directly west of the site proposed for rezoning. Concept plans for future development south of the property include possible townhomes and ofilc** uses. It may be appropriate to develop at a higher density to create a transition between the lower density the north and east to the more concentrated land uses of the schools, municipal offices and potential higher density to the south. 2.A Comprehensive Plan Amendment would change the guided future of the property from one acre rural residential development to one acre. Comprehensive Plan Amendment #2 adopted the following as the intended use of the land located north of Highway 12. south of Count>‘ Road 6, east of Old Crystal Bay Road, arid west of Willow Drive North. \yyyyy.y.-z Wm^im •yyyyyyyyy.<<r iilisil :X;X;':Xx‘x:x;:f.;: Wetlands The site does contain several City protected wetlands. Any proposed alteration of a wetland will require a variance from the Cit>-. Wetland alteration will also require outside agency review by the Minnehaha Creek Watershed District. DNR and the Corps of Engineers. All wetlands designated by the City of Orono are not included as lot area for the purposes of zoning. Wetland Delineation report completed by Kjolhaug Environmental Services Company (August 25,1999) has determined the total acreage dedicated to wetlands within the 58 acre site is 6.54 acres. Acres Dry-51.89 Acres Wet 6.54 Total .Acres 58.43 Any filling of wetlands will be mitigated on site. The previous proposal mitigated within the open space cutlot to the north. i Grading and Erosion Control Please refer to the enclosed City Engineer Comments (Exhibit H). Some concerns suggested by the City Engineer relate to the grading plan. Many of the lots indicate a basement elevation to be less than t^vo feet than the high water level of the closest pond. Recommended is for the subdivider to provide a revised grading plan indicating suitable building sites prior to plat approval. Additional concerns addressed by the City Engineer involve the high water level of the ponds on the propertj'. Most of the ponds do not indicate outlets to control the pond level. A drainage area map, storm sewer and ponding calculations should be submitted for review. Access/Streets/T rails This proposed development would have direct access to Willow Drive or County Road 6 via the proposed roads intended to be public. Option III shows one lot that would require direct access to Willow Drive. The existing grade is generally even, theiefore there are no issues with the slope of the proposed streets. Final plans should provide horizontal and vertical curve information for all streets. City standards do not allow for more than 10 units to be served by a cul-de-sac. City code requires that a public street serving more than 10 units shall have a minimum paved width of 32-feet where 30-feet is currently shown on the plam. A trail has been proposed along Willow Drive and along the south side of County Road 6. The intent of the trail is to connect to the larger regional system towards the school property and eventually west to the Baker Regional Park. A second small section of trail is proposed to be placed between Lots 12 and 13, Block 3. The trail would provide future access to the Middle School property. Easements 1. J. Standard drainage and utility easements along the property lines will be required for the final plat. Subdi\ ider shall grant Conservation and Flowage easements across the wetlands and ponding areas located within the development. Language in the easement documents shall restrict land alteration and removal of vegetation. Outlots shall be for the purpose of conservation land and open space as well as stormwater ponding areas on the site. Conservation easements shall be created to ensure the outlots remain as open space. Trail easements shall be created alone Willow Drive and Countv Road 6 for connection to W m regional trail systems. The survey show s a proposed trail through the property . Another trail has been proposed to connect the neighborhood to the school property to the west. Park Dedication Fee 8% of the land value, to be determined by the City Assessor, will be required for Park Dedication Fee. The City of Orono has established a minimum park dedication fee per lot of $2,900 and a maximum of $4,900 per lot. Sanitary Sewer and Municipal Water Connection The property is located within the MUSA boundary allowing for sanitary sewer connection. The developer will be responsible for providing sewer and water to the site. Sewer is located along Highway 12 and will be installed along Willow Drive to the development. Estimates for sewer and water connection are approximately $9,250 per unit, not including the construction cost. Easements along the streets may not be required for the public utilities if the roads are developed as public streets. The City Engineer has reviewed the preliminary water and sewer plans and has determined capacity exists to allow the 49 additional units as proposed previously. In Mr. Kellogg's comments (Exhibit H) he has noted that the proposed temporary bypass lift station along T.H. 12 needs to be in place before sewer service can be provided to the Willow View site. the proposed water main shown between Lots 12 and 13, Block 3 should be extended westerly and tied into the 12-inch water main installed as part of the new Orono Middle School project. Final sewer and water plans shall be reviewed and approved prior to final review. Issues for discussion 1. 2. 3. 4. Due to the topography of the site, and grading that can occur on site, it appears the property could sustain a the development. The main issue for Council discussion is the lezoning of the property from RR-IB (2 acre) to (R-IA) one acre. If a rezoning is approved, direction to the developer on the size and number of lots and the conditional use permit to develop as a PRD is appropriate. The development would serve as a buffer between the lower density residential development to the north and east vs. the oth-;r land use types to the south and west. Should the development density include land dedicated for purposes other than open space? Park dedication fee shall be equivalent to 8% of the value of the lot with a ma.ximum of $4,900 per lot or a minimum of $2,900 per lot. The Code does address land dedication for park space rather than a cash contribution. Trail development could potentially reduce the cash portion of the park dedication. Detailed grading and drainage plans shall be provided with application for final approval. Several berms are proposed throughout the development and many lots will require regrading for raising the basement level of the homes. Standard setbacks for the R-1A (1 acre) zoning district are the following: Lot Area Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback Side Adjacent to Street 1 acre 140 feet 35 feet 10 feet 30 feet 35 feet The City Council has the following alternatives to consider: A.Approval of the rezoning, Comprehensive Plan Amendment, conditional use permit for a PRD and Preliminary Plat, or approval of any one of the above requests. Approval of requests would require the subdivider to complete more detailed grading and drainage plans prior to any further requests. B. Deny the rezoning request. Denying the rezoning would include denial c ' the Comprehensive Plan Amendment, conditional use permit for a PRD and the Preliminary Plat. C.Tabling the application and providing direction to the applicant to the number of lots, lot dimensions and lot layout within the development. The applicants shall be advised the following information is requested to complete the review prior to a final plat application. 1.Detailed Grading, Drainage and Erosion Conuol plans shall be submitted for review as requested by the City Engineer (Exhibit H). 2. 3. Final plans for sewer and water extension shall be approved by Staff prior to review. The Metropolitan Council shall approve a Comprehensive Plan Amendment from two acre Rural Residential to one acre Urban Residential. 4.A drainage area map, storm sewer and ponding calculations should be submitted for review' and approval by Staff All ponds shall meet NURP standards. 5. 6. A permit from the Minnehaha Creek Watershed District is required for site land alteration. All easement documents for trails, utilities, drainage and conserv ation land shall be approved by the City Attorney. 7. Final plans for the construction of the roads shall be submitted for review. U t CITY of ORONO Municipal Offices street Address: 2750 Kelley Paritway Orono, MN 55355 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 NOTIFICATION OF 60 DAY EXTENSION October 4,1999 Mr. David P. Newman, President The Bancor Group, Inc. 1521 94th Lane RE. Minneapolis, MN 55434 RE: ZONING APPLICATION #2522 State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. Your application date was AugUSl 1?> 1999- The 60 day review period may be extended by the City of Orono by notification to the applicant. The Planning Commission recommended denial of your application for a Class III Subdivision, rezoning, Comprehensive Plan Amendment and a Conditional Use Permit at their September _0, 1999 meeting. At your request, the application will not be considered by the City Council until their meeting on October 25, 1999. The application deadline for #2522 is Ootob^r P. 1.95S- The City of Orono is extending your application an additional 60 days to allow the land use request to be postponed to the later Council date. The new application expiration date is D*?9Cniby.l6i 1999- The earliest potential date that the City Council could take action on this application is October -5; 1999. Please do not hesitate to contact me should you have questions. Sincerely, Paul Weinberger Zoning Administrator/Planner Telephone (612) 249-4COO • Fax (612) 249-4616 J f— Application ff Date Received S- Amount Paid S 110^^ CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Property Identification Number (PID) 2S-n8-^3- ----------------------------- Please check one - Property _ abstract or Attach legal description to application. torrens? ^ Name ~T»t Ct.v.. X>.^ - Aro. ■ ^— _ !oe --------Phone (home) , ritv Hu Zip?5E phone (work) OWnXR (if different than applicant) Name Ouwe Ct*a•»«»<*- AttwiName 6r... ----- F *Ji Address ^^o hh^ ^ ^Phone (home) (>»-2 City pU ZipS~5'«<'>-S Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size I 5*l-8T (*.rl Present use (check) VAC-A^rV- Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) '• \ .2;. • . 'V y ’ Present Zoning District RR'lP) PROPOSAL _____ Division for Tax Purposes . Lot Line Rearrangement Only (nc new buildling sites) X Subdivision for New Building Sites Q Existing Units New Units 4^ Total Units •• - .. • 0 2 ^ Number of Building Sites *.iif Proposed Gross Density Minimum Let Size Proposed Use (check) \ Units per t.v*\ Acres \S. o^& Sq. Ft. Dry Buildable Land ^ Residential Other (specify) The Bancor Group, Inc. .• f • Cl, Bancor . » I I ^ . ^ • October 12,1999 Mr. Paul Weinberger Assistant Zoning Administrator City of Orono 2750 Kelly Parkway Orono, MN 55323 Re: Willow View Dear Mr. Weinberger: As you know, the Orono Planning Commission held a public hearing on the above-proposed preliminary plat on September 20, 1999. That proposal provided for 49 lots on the site. We also held an informal neighborhood meeting on September 8, 1999. WTiile the Planning Commission clearly rejected tho proposal, at least three of the Commissioners expressed support for a plan with less density. Adso while the neighbors were clearly opposed to our plan, privately several of the neighbors indicated that their primary concerns were the density and the absence of more buffering along Willow Drive. In res^ '>nse to the information obtained through these meetings we have modified our plans to address 'ese concerns. As a result Marty Campion will deliver to you under separate cover three sets of pU >^. I would like to briefly describe them to you. 32 LOT PROl: ^SAL In response to the neighbor ’s concerns, we have designed this proposal, which provides an average lot size of about 1.6 acres buUdable land per lot. We are proposing that we would install public sewer, with each lot having private well and rural streets. This proposal is a direct result of the suggestion that Steve Johnston (the designated neighborhood spokesperson) made at the public hearing. I sincerely believe that this is a v.in/win approach to a unique situ'fion. Because the soils will not support septic systems, public sewer is necessary. However, with the presence of public sewer, there is no longer the need for pilmarj* and secondar>' septic sites on each lot, which permits lots to be reduced slightly in size without creating a health risk. Also because the lots have public sewer, the risk of contaunination of wells is eliminated. However, because of the large size of the lots, private well and rural streets standards are permitted, just as they would be in a 2 acres subdivision. b-0: 1521 Lan.' N.E. Minntfjpoli*. N:;nne»ir.i 55-449 phontf 612 •* )2-39% lx'(6l2-9:-39-6 •t4 LOT SUBDIVTSTON In this concept we have provided two alternatives. Both alternatives are identical, e.xcept in one the lots along the east and north bovmdary extend to the adjoining road right of way, with the rear of each lot covered by a conservation easement. In the other alternative, the lots sdong the east and north boundary are the same depth as the balance of the lots and the area between their rear lot line and the road right of way becomes part of an outlot. We are comfortable with either approach. It is my understanding that there is some concern that the buffer area be protected so that it cannot be platted at a later date. We are providing both alternatives so the dty can choose which approach provides them wicn the best protection. Under either of the 44 lot proposals, there would be the same amenities we described in our original application, including berming, trailways and landscaping. The benefit under this concept is that we have further reduced the number of lota. We also have a greater buffer along Willow Drive. By reducing the number of lots in this pj^oposal and by increasing the buffer along W’iliow Drive, we believe we have address two of the primary concerns raised by the Planning Commission, In order to avoid repetition, I have not restated all of the reasons from my letter of August 18. 1999 as to why we believe a rezoning for this site is appropriate. Nevertheless I believe that these same reeisons continue to apply. W'e also reserve the right to make minor modifications to these altemaMves before your meeting of October 25, 1999. I can assure that any changes we might make would be insignificant and would only entail minor readjustments to lot lines. For your information, I have asked our engineer to deliver a set of these plans to Mr. Steve Johnston. It is my understanding that Mr. Johnston will make his neighbors aware of our modifications. I look forward to further reviewing this with the Council on October 25, 19S''. Sincerely, David P. Newman President cc: Steve Johnston 1^ ft % 4 ¥ r 1 ! w H I CD S> c OQo $ Sio ^ (/) X o-n O Ozom DH U 4 nI t s t w ' { • !* |s a§ w sij3 m (/) mb pnn CO Xm CO I •< ■H . (S-OW-HVS3>- -___yjJON- |8 >( n M M 0 1 1 I M -e'en oOl — tfl r\ COoo 8 V. Jwg'S' mCD. ,• <0 z o 95 ^ e: 3i orn ^ <p^5|o «II cj» cr P _I s iir'iiifr • • ®i!i! ISim. P|!p- !! Jii L_I. i i iCMUuoartJ ORONO PLANNING COMMISSION MINUTES FOR SEPTEMBER 20,1999 (#2521 Joe Haus, Continued) Haus inquired whether improvements could be made to the existing garage located on the property. Weinberger stated a building permit would need to be applied for prior to any improvements being made on the garage. Smith moved, Lindquist seconded, to recommend approval of Application #2521, 4485 Bayside Road, and grant a conditional use permit to permit construction of a garage with living space above it as a guest house on the property, subject to the condition that the guest house be connected to the existing septic system at the time the new residence is completed. VOTE: Ayes 6, Nays 0. (Recess taken from 7:28 p.m. -7:31 p.m.) SCHEDULED PUBLIC HEARINGS (#3) #2522 THE BANCOR GROUP, INC., SOUTHWEST CORNER OF WILLOW DRIVE NORTH AND COUNTY ROAD 6 - CLASS III SUBDIVISION 7:31 p.m. - 9:03 p.m. David Newman and Marty Campion. The Bancor Group, appeared. Weinberger stated the Banc' Group has submitted a preliminary plat application for a 58 acre parcel located at the southweoi comer of County Road 6 and Willow Drive North which presses to subdivide the property into 49 lots, with an average Jensity of approximately one acre per dwelling unit. The Applicants are requesting that the prop>ertv be rezoned to R-1A to allow the one acre per unit density and develop the property as a Planned Residential Development. A PRD is a conditional use In the R-1 A District. The purpose of a PRD is lo enhance the appearaiKe of neighborhoods through preservation of natural open spaces and to counteract the effects of urban congestion A PRD would allow the property to be developed at one unit per acre. Jhe average lot size would be less than one acre. The remainder of the property would be held by the Homeowners Association as open space. Weinberger stated the Applicants are proposing access through a newly platted street, access to this development off of Willow Drive or County Road 6. Ho.vever, on five lots Willow Drive would be considered the rear yard. The proposed rezoning of the site would allow a higher density development. The property wuld not sustain a rural style development with individual septic systems due to the high water table and poor soil types present. It may be appropriate to utilize this property as a buffer zone between the different uses surrounding me proposed development, with two acre density east of Willow Drive, two acre density north of County Rend 6, the Oror.o School Campus to the west, and possible townhome/office use along Highway 12 ana Kelley Parkway to the south. Rezoning the prope y to sustain higher density housing may be appropriate for this area because s^nita^ sewer is available and would be a condition of approval. Development of this area as a PRD would also allow for the creation of conservation outlots along County Road 6 and Willow Drive, which would allow the highest concentration of lots being located within the Interior of the property. The City s Comprehensive Plan suggests that this area might be suitable for a PUD. Newman stated following their last appearance before the Planning Commission, they have reduced the proposed number of lots for this development to 49 and relocated the access north. Newrnan stated this development would ser^e as a transition zone between the two acre density areas to e Page 7 ORONO PLANNING COMMISSION MINUTES FOR SEPTEMBER 20,1999 (#2522 The Bancor Group, Continued) east and north and the school to the west and possible townhome/office use to the south. Newman stated due to the high water table and poor soils in this area, it is necessary to develop this area with City sewer and water, which dictates the need for higher density housing in an effort to help offset those connection costs. This development would also offer an opportunity for those people being relocated due to the Highway 12 project to remain in this community. Newman commented in his opinion this development would not significantly impact negatively on the traffic situation in the area and would be an asset to the community by providing higher Income housing. The concept plan proposes a trailway to the east and north as well as berming and landscaping in an effort to help buffer the area from Willow Drive and County Road 6. Extensive open spaces are being provided as well as ponding and protection to the wetlands. Newman stated the Bancor Group has attempted to comply with Orono's standards and would be a valuable addition to the neighborhood and community. Campion staled they have received a copy of the City Engineer's letter and all the issues raised will be addressed at the time of final plat. Campion indicated they are willing to work with the City Engineer in an effort to resolve thc'e issues. Newman commented since this is only the preliminary plat stage, some of these issues will be addressed later on in the application process. Hawn stated that due to the number of people In the audience who wish to speak regarding this application, it will be necessary to limit public comment to five minutes per speaker. Steve Johnston, 2J30 Shadywood Drive, stated he is representing a number of people tonight, noting that he has resided in Orono for 12 years, is a civil engineer by occupation, and has become familiar with Orono's Comprehensive Plan and ordinances over the years. Johnston remarked the Comprehensive Plan focuses on what is known as an urbanization cycle, which calls for extension of City sen/icts into areas where they are anticipating higher density housing. Johnston pointed out that the original Comprehensive Plan reiterated time and time again that urbanization will not be expanded into existing rural areas, which over time has been revised and now allows for carefully integrated developments to limit the adverse affect on the sumounding areas, with a desire to maintain open spaces and natural environment as much as possible. Johnston noted that the sewer policy does call for City sewer in developments where the land is not able to support their own individual septic systems due to poor soils or high water table. Johnst'^n reviewed an overhead depicting various proposals prepared by a consultant hired by the City on how this area can best be developed, noting that the number of lots proposed by the City consultant range from 14 lots to 20 lots, with the owner of the property proposing 22 lots at that time. Johnston stated when Amendment Two to the Comprehensive Plan was adopted by the City, it was determined that the City should remain at the two acre zoning. Johnston remarked that this area has been designated as a buffer area due to the wetlands and open spaces in this area. In order for rezoning to occur, the question normally posed to the Planning Commission is what conditions have changed since the adoption of Amendment Two which would dictate the need for rezoning of this area. Johnston slated in his opinion the conditions calling for two acre zoning have not changed and that this area should remain zoned at two acres in an effort to preserve the natural environment. Page 8 ORONO PLANNING COMMISSION MINUTES FOR SEPTEMBER 20,1999 (#2522 The Bancor Group, Continued) Johnston indicated that although overall the development Is calling for one lot per acre, the average density under this PRD would be approximately .55 acres, with the smallest lot being .4 acres. In the past Orono has suggested that every lot have its own recreational area, which is doubtful for this development due to the small lots being proposed. Johnston pointed out that there is not a significant buffer area being proposed between the residences and Willow Drive, which should be addressed. Johnston stated he would like to reserve the right to speak again should the Planning Commission indicate a willingness to vote in favor of the rezoning. John Grobe, 2350 Shadowood Drive, presented the Planning Commission with a petition signed by 48 residents In the area opposed to developing this area Into less than two acre lots. Grobbe indicated that a larger number of residents would probably be in attendance at tonights meeting but are unable to attend due to the open house being held at the school tonight. Grobe stated that he moved to Orono because of the smaller community size and the rural environment, which he would like to see preserved as much as possible. Grobe encouraged the Planning Commission to deny this application, noting that in the past four years, all the developments which have occurred in the City has been at two acres or more, and that the impact of this development needs to be considered. Eric Menge, 340 Tumham Road, stated he is a life-long resident of Orono and would like to see Orono remain as more of a rural type community, with higher density housing being avoided. Tom Carlson stated he is moving to Orono due to the rural natural of the cornmunity. Carlson remarked he had the understanding that Orono had a two acre minimum zoning requirement, and If higher density Is proposed for this area, it may open the way for other developers to propose higher density housing for the Orono community. Carlson encouraged the Planning Commission to stick to the two acre zoning requirements. A number of residents in the audience indicated that they would like to see the two acre zoning preserved in Orono. and e '- ouraged the Planning Commission to deny this application due to the high density housing being proposed for this area. Donna Crotteau, 2650 Silver View, commented that there are other developments that exist in Orono which are comprised of less than two acres, and that this development would help generate additional tax dollars for the City. Laurie Collick, Medina, stated she would like to see this area preserved due to the natural feeding area that currently exists for the wildlife. Collick commented she would like to see the rural ns’ure of Orono preserved as much as possible, and if this development is approved, it will op^ the dcor for more requests for higher density housing. Collick expressed concerns about the impact that this development will have on the Orono Schools, noting that there currently is a shortage of classroom space, and that this development will also have a negative impact on the amount of traffic in the area. Collick urged the Planning Commission to deny this application. Cathy Johnston. 2336 Shadywood Drive, commented that Amendment Two to the Comprehensive Plan does recognize one acre housing, noting that this development will be hidden by a number o trees and is located close Long Lake, which has higher density housing. Newman. Bancor Group, stated that the realignment of Highway 12 dees present a basis which the comprehensive plan needs to be reviewed and perhaps revised. Newman cemmented that they acknowledge the neighborhoods’ concerns regarding this development, but that an Page 9 ORONO PLANNING COMMISSION MINUTES FOR SEPTEMBER 20,1999 (#2522 The Bancor Group, Continued) overall view of the development should be taken, noting that many of the lots will overlook open space. Newman remarked due to the high costs associated with developing this parcel of property and the poor soils and high water table in the area. It Is impossible to develop this property at a lower density. Hawn commented that there are certain housing needs in Orono which are not currently being met, but that this proposal in her opinion does not address those housing needs. Hawn stated there needs to be a compelling reason to revise the Comprehensive Plan, which in her opinion has not been demonstrated tonight. Hawn thanked the people in the audience for their interest in this proposed development and in the future development of Orono. Kiuth commented that the Planning Commission serves as an advisory body to the City Council, and In his opinion it is not within their jurisdiction to change the comprehensive plan. Smith stated that the Planning Commission does need to look at the future needs of the residents in Orono, both near term and long-term, and that the City is receptive is looking at other types of housing in Orono. Stoddard stated in his opinion the proposed housing is too dense for this area but does make good use of the City se'.' and water that is available in the area. Stoddard commented he is in favor of two acre zoning, but would be willing to consider a proposal calling for 39 or fewer units on this property. Lindquist acknowledged that developments are generally economically driven, but that the Planning Commission does not look at the economic side of the proposed development but rather the impact that the development will have on the community. Lindquist commented that in his opinion the housing density should be reduced somewhat, with this high density housing being unacceptable in his view. Newman requested that direction be given from the Planning Commission on what they would like to see for this site. Kiuth stated that the Planning Commission is not in a position to develop plans for a particular area, but that in his opinion housing in this area should be limited. Hawn stated that personally she would be interested in seeing smaller, more maintenance free housing for this area, with plenty of open space being provided. Kiuth moved, Lindquist seconded, to recommend denial of Application #2522, Southwest Corner of Willow Drive North and County Road 6, Class III Subdivision. VOTE: Ayes 6, Nays 0. (Recess taken from 9:03 p.m. • 9:08 p.m.} CONTINUED NEW BUSINESS: PUBLIC HEARINGS (#6) #2523 RONALD AND RITA ZEBECK, 998 WILDHURST TRAIL - VARIANCES AND CONDITIONAL USE PERMIT, 9:08 p.m. - 9:41 p.m. Tim Oberg. Southview Design, was present. Page 10 Arjf' ^ifOCi,^r&t. Inc ts jr A f ^cr nn ^ *u,*lCppOfMit/irrp:c/*‘ re SJiS Ctta G Bo'^e-ircc • Joiepn C Anderf»h, ’£ • Mjrv r L Scrv^ia. Pf • G*e''** ^ Coo* ®£ • ‘^ooe't G Sc**uricr»t. P£ • jtffy a Scwfdon. P£ • •7a3<r: J/ Roje'^e. P£ . R'C'a'd S Turner P£ and Suian M saerim. C PA SaniC' Consultants Ajiccaff Prirc p^is Howard A Sanford. P£ • Kcitn A Ccrcon. PE • Rocert R Pfefferie. PE • Ric-ard 'M font* P£ • David O Loi'tota. PE • Rasert C R-sie*». A i A • Mark a Hanson. PE • Micraei r Raut'^ann P£ • Ted < rie»d. PE • Kennctr* P Arcerson, PE • Mark R Rolfs. PE. • S'drey P \Jt'iihamson, PE. L S • Rooert P Koismitn • Agnes M Ring • Allan Rick Scrmidt. PE Cf' Cfl Sc Paul. Roc^este'. iirrar ar'd St C?oud. VN • V.lwauke?. 'Xn •Aeo*i:e wwwscnestroo com Bonestroo Rosene Anderlik & Associates Engineers & Architects September 15, 1999 Mr. Paul Weinberger Zoning Administraior/Planner City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Willow View Subdivision File No. 139GEN-2522 Dear Paul: We have reviewed the preliminary grading and utility plan for the proposed 49 lot Willow View subdivision. The site is located west of Willow Drive and south of County Road 6 in the southeast quarter of Section 28. We have the following comments in regards to engineering matters. 1. Sanitary Sewer: The preliminary sanitary sewer design appears acceptable. It should be noted that the proposed temporary bypass lift station along T.H. 12 needs to be in place before sewer service can be provided to the Willow View site. Final plans should include plan and profile views of the proposed sewer, sewer service locations and sanitary sewer details. Sanitary services should be located 3-feet downstream from water services. All sanitary and storm sewer manholes are required to have an exterior sealing sleeve as manufactured by Infi-Shield or an approved equal. Any connections to existing manholes shall be core drilled and a rubber boot installed. 2. Water Main: The proposed water main shown between Lots 12 and 13, Block J should be extended westerly and tied into the 12 inch water main installed as part of the new Orono Middle School project. The water main alignment should coincide with the utility easement on the school property located just south of the soccer fields. V/e also recommend extending the 8-inch water main northeily to the intersection of Willow Drive and County Road 6. This will allow for a future connection to the City of Medina’s water system. Final plans should include plan and profile views of the proposed water main, water main details and service locations. All water main shall be poly wrapped. 3. Grading: We recommend that the lowest basement elevadons be at least 2-feet higher than the high water level (HWT) of the closest pond. Proposed basement elevadons on some lots on Blocks 1.2 and 3 do not provide this 2-feet of freeboard. We would recommend revising the grading plan or basement elevations to allow a minimum of 2-feet of freeboard. It appears that ponds located in Outlet C will flood the property to the south when they reach their HWL. We recommend revising the proposed grading plan so that ponded water is contained to at least 0.5-feet above the HWX. Block 5 appears to have a low, landlocked area behind the homes. This will result in drainage problems and addidonal storm sewer may be necessary. An erosion control plan should be submitted for review. 4. Storm Sewer: The draft version of the City’s Surface Water Management Plan (SWMP) shows that this site lies w ithin the Long Lake drainage district. The proposed grading plan shows ponding throughout the site. It is unclear how all of the ponds are supposed to function. None of the ponds has an outlet shown. The pond in the northwest comer of the site has no inlet or outlet shown. The pipe shown betw een Lots 6 and 7. Block 3 outlets to a wetland. All storm sewer should outlet to a ponding area. All ponds should meet NURP standards. Ponds should have a 10:1 aquatic bench at the pond's normal water H 2335 West Highway 36 • St. Paul. MN 55113 ■ 651*636-4600 • Fax: 651*636*1311 level (NWL). All ponds should have an outlet stiucture and provided a minimum of 1-foot of skimming to remove floatables and debris. Riprap should be provided at all inlets and outlets. Storm sewer should be reinforced concrete pipe. Final plans should show plan and profile views of the proposed sewer and include storm sewer details. A drainage area map, storm sewer and ponding calculations should be submitted for our review. Final plans should be submitted to the Minnehaha Creek Watershed District (MCWD) for their review. 5. Streets/Trails: Final plans should provide horizontal and vertical curve information for all streets. City standards do not allow for more than 10 units to be served by a cul-de-sac. City code requires that a public street serving more than 10 units shall have a minimum paved width of 32-feet where 30-feet is currently shown. We recommend that the trail typical section be revised to show 3-inches of bituminous. Street and utility record plans should be provided to the City after proje/'f completion. 6. Financial Guarantee: When the plans have been completed we v.iU prepare an estimate of the total cost for the site improvements to determine the amount of the (inaccial guarantee required. The developer will also be responsible for all pertinent City charges includinj, but not li.Tiited to, tnink sewer, trunk water and park dedication fees. Please contact me at (651) 604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE. ANDERLDC & ASSOCIATES, INC. Tom Kellogg Cc: Greg Gappa, City of Orono >OID(/) ^Inico(/)nic/rn Qmpi^\ \. I. (•) \^' 5 / / /,*’ •0 2? (/) ✓✓ / “■ a \m O n\\ *A I I ’v'> "7 -/ r-'-v),i{\¥;—• •■»I • ! viit SI i? 1» «^pi f'l:,1 "•I ; . o /• ■'•■ ■•;''i'i '•>' j • ( •*! •_ t •A 5 \ ! ' ^^ I ••^ ■ V' i'>^-.\'V i# ./ / o 4«l •♦• V«*• I ».*1*1 I \ 0 1 ‘V ...;‘!r -•" '■ li! '' '■ - 4.V- «.i/ ^ »v.', ■ ;• T. ■ I;tmmk\ jpifil w \ iWifmii, / '•». t^H.. t^' \ ,,r—1_. mm mf'' (fO /•'.y ^'- \ C: 'v ;,v _________t«*wi•:::-:!:::;::i:.' Jallihu: X » I ■ riSi ,t •r-i* »-'r *-••... i»i \v '• \^0\ ^111 • • I wV.W.X i oK2JC . h<* S’^ 1 ^ Vr //* h- •“--■'i'^' \ -/'> m.! “ -tiV :f' \ , \ I I 1 I I -------------------------------------------------------------------------------------------------------------- f iP 'f wm;-i <P (A.fe'1 ivi ,/ / #r; 0 i|□ SDE3 l' ?. \/ ' ' ■ It u g ■■ ,'/f s Vf iKaAP. § ' V4 ‘V D \L i W»4i*4 •T3 B tno S :xj C- cr:o nj d;o oi ■'■. ■• V( \. h rvy.vri'i' 2/i Ti K § 10.20 SEC. 10.20. R-IA ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1 . Purpose. Tne "R-1 A” One FamUy Residential District is intended to prouce a district which will allow a combuiation of low density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use penni:. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within any "R-IA" One Family Residential District, n? structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. B. Public owned parks and playgrounds. C. Municipal buildings. Subd. 3. Conditional Uses. Within any ”R-1 A" One Family Residendd District, no structure or land shall be used for the following uses except by conditional use permit: A Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located v,ithin fifty feet of ar.y lot line of an abutting lot in an "R“ District and that a fence be erected fifteen feet or more ftom a.l sneet lot lines where the abutting use is for open play, and nursery schools providmg fifty square fee. of playground space per pupil. 1. Uses Accessory To A High School. The following uses are accessory to aHigt School use ar.d require a separate conditional use permit; a. Indoor Ice Arenas. All such facilities and structures shall be located on the same tax parcel as the principal High School Use to which they are accessory. No such structures shall be located less than 50 feet from any lot line of an abumng lot m an K District. Such facilities shall not be sepamted from the principal High School use by a public to. ■ Ml such facilities shall be owned and operated by the school district, or by a non-profit orgaruza.;on under a land lease arrangement with the school district. The developer of such a facility, prio: to final Conditional Use Permit approval by the City Council, shall demonstrate financia^ to complete construction of said facility, by providing suiuble documentation that at least ei,..D percent (80®/o) of the estimated project costs are in the control of the school distnct or non-p. lessee. Source; Ordinance No. 145,2nd Ser.es Effective Date: 3-11-96 ORONO CC 279 (4-1 -S4) § 10.20 B. Churches. Churches including those related structures located on the same site which are an integral part of the church proper, convents or homes' for persons reiated to a religious function on the same site provided no building oth'*- than a residence shall be located within fifty feet of any lot line of an abutting lot in an "R" Di let. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, Y^'fCA camps, YW CA camps, church camps, or private non- profit parks, playgrounds and other similar uses. The principal structoe for any of the above listed uses shall be 100 feet or more firom any abutting lot in an "R" District, and accessory structures shall be a minimum ofiifty feet from any lot line. D. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50' from any lot line oi an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architecnral design of service structures is compatible to the neighborhood in which it is to be located and thus v^ill promote the general welfare. Public service stmetures as defined above that have been approved by the City at required public hearings for public improvement projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Source: Ordinance 29,2nd Series Adopted; 2-23-87 Source: Ordinance No. 161,2nd Series Effective Date: 5-27-97 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a req’ired yard area, and are subject further to the general zoning code requirements pertaining to accessory structures. Source; Ordinance 72,2nd Series Adopted; 8-14-89 ORONO CC 280 (4-1-84) I § 10.20 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. Source: Ordinance 26,2nd Series Adopted: 7-14-86 G. Guest Houses & Non-rental Guest Apartments. 1) Guest Houses. A separate dwelling constructed on an existing imdivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. Source: Ordinance 29,2nd Series Adopted: 2-23-87 2) Non-rental Guest Apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to e apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of paring, sewage treatment, entiyway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29,2nd Series Adopted: 2-23-87 H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, or vsithin (250') two hundred fifty feet of the Bo District, and the duplex is constructed within 200 feet of the commercial or industnal distnct. A duplex is defined as a two-family unit residential building. Source: Ordinance 178,2nd Series Adopted: 12-8-97 J. Apiaries. ORONO CC 280-1 (4-1-84) § 10.20 K. ;\ntenfla Stnieture. One mdependcnt entetaa alfuetufe wnA antenna or combination of aatcRBa attached thereto, aaberdinata to and aervtemg taj prineig^l use e? stnicttire on the same lot and euatomarily ineidgntal thereto that ia not attached to anothof sjjgpjja provided the height of the-antenna stnicftirc doca not exceed 65 feet and tha antenna stfuer.ja ia flct-baek from any lot lino a distance at least equal to tha total height of the antenna str.>etureT Source: Deleted via Ordinance 161,2nd Series Effective Date: 5-27-97 L. Farms (Crop and stock). Provided that the area is ten or more acres. M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. N. Stables and Bams - Private. The use of an accessory building for keeping animals for non-commercial purposes provided it is for the non-commercial use of the propertv' owner or resident and meets the available area standards outlined in Paragraph M of this subsection. Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. O. Stables and Bams - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such must meet the requirements of Section 10.03, Subdivision 18. Further, no such structure shall be located less than 150 feet from the nearest lot line. P. Riding Academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M, N and 0 of this subdivision and no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from the nearest lot line. Source: Ordinance 26,2nd Series Adopted: 7-14-S5 ORONO CC 280-2 (4-1-84) § 10.20 M. i'^iatenca StfuetufJ. Oae indipjedcRt anteniwt atnietuje viith antenna-er eog.btnation ef antenns attg.eh.gd adsordinat^ to aad icing the principjil U3C or jtructur: en tHe same lot and euatorgariv aiiliznlsl therato that jj e&t et^^ehed to anotl.a 3tmetufe ppov]^ the height ef the gmtenr.a atrjetuge d jca not e.xeeed 6 3 fset and th.c :ntcnna 3tructu:c u act back &o~ any lot line a difltaaee at leait equel ta the told height ef the Lniznnc. atructurc. Cw • ,• <nire«i"€)fdmaRec ><o. 177- Cffeetivc Date; 6 -5 75 Source: Deleted via Ordinance 161,2nd Series Effective Date: 5-27-97 Q. Plumbing in Accessory Building. The provision of a toilet, bathtub or shower in an accessory building. Approval shall be condidoned on provision of municipal sanitar>' sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: 1. Tne Council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residendal character of the neighborhood. 2. The Council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The property is 2.0 acres in area or larger. 4. The accessory' building is conforming in location, size and height. 5. The property owner agrees to the filing of a covenant in the title of the property providing that; , - a. the accessory’ building will not be used for a home occupadon unless specifically approved by City or if allow ed by City code. b. the accessory' building will not be used as a dw’clling unless a guest house CUP is obtained. c. the accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Source: Ordinance No. 179,2nd Series Adopted: 10-12-98 ORONO CC 280-3 (4-1-84) § 10^0 Subd. 4. Accessory Uses. Within any "R-1 A" One Family Residential District no accessory structure or use of land shall be permitted except for one or more of the following uses: A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks. C. Home Occupations. Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than those permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail sales are not ii^volved, the entrance to the home occupation is gained from within the structure, and the use dees not adversely affect the character of the uses permitted in the district in which it is located. .A. professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the n'?ed for more than three off-street parking spaces for ±e occupant and visitors. D. Signs. Signs as regulated in the Zoning Chapter. E. Temporary Stmetuxes. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed lime necessary for such constructin!‘g- F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand offering for sale only farm products produced on the premises provided that such stand does not exceed 200 square feet in area and tl.at it is located at least thirty feet back from the public right-of-way. Source: Ordinance No. 172 Effective Date: 1-1-75 H. Conmunication Reception/Transmission Devices. 1. Accessory Antennas. Accessory antennas shall be limited to radio and television receiving antennas, satellite dishes, TVTlO's, and amateur short-vvave *idio transmitting and receiving antennas. Accessory antennas that are accessory to the principal uss of the property are permitted accesso’.y uses in all zoning districts provided they meet the folio .'in- conditions: ORONO CC 281 (4-1-84) § 10.20 a. Height. A ground mounted accessory antenna shall not excedd twenty (20) feet in height from groun 1 level. b. Yards. Accessory antennas shall not be located within the required front yard setback, comer side yard setback or side yard setback abutting a street. c. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area, the accessorv' antenna may be placed on the roof of any authorized structure on the premises. d. Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements. Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. e. Building Permits. A building permit shall be required for the installation of any accessory anterma requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring. The Building Official must approve the plans before installation. f. Lightning Protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the City of Orono. g. Electrical Code. Acessoiy antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the City of Orono. h. Color/Content. Accessory antennas shall be of a neutral color and shall not be used as signage. 2. Amateur Short-Wave Radio Antennas and Towers which do not meet the conditions for accessory antennas, may be allowed with a conditional use permit in all zoning districts provided they meet the following conditions: a Height. When an amateur short-wave radio antenna is mounted on an anterma tower, the total height of the antenna and tow’er shall not exceed 65 feet. b. Yards. Amateur short-wave radio antennas and tpwrcrs shall not be located within a front, comer side or side yard. ORONO CC 281-1 (4-1-84) § 10.20 c. Setbacks. Amateur short-wave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and tower from the property line. Source: Ordinance 161,2nd Series Adopted: 5-27-97 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1^ stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Lot Aisa 1 acre • Lot Width Front Yaid Side Yard- Rear Yard Side Yard Adjacent to Streets, 140 feet 35 feet 10 feet 30 feet 35 feet ORONO CC 281-2 (4-1-84) \ L § 10.31 E. There shall be no retback exceptions permitted that reduce any required setback to less than 10 feet. aF. There shall be no setback exceptions permitted for any horizontal buildin addition or hardcover increase of any kind Vrithin 75 feet of the shoreline or within 26 feet of an>— G. There shall be no setback exceptions permitted without a Council approved variance in cases where any existing building is being replaced by a new building, or where the proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the Lsessor*s fair market value for the existing building. In these situations, the new work shall conform to all required setbacks. H. The exceptions authorized by this Subdivision apply only to setback requirements and do not authorize variance of any lot area, hardcover, building height, building area or any other zoning or building code performance standard. Subd. 19. Future Amendments. The "RS" District regulations adopted by this Section represent an innovative attempt to solve the unique problems relating to historic use and- nreviously platted substandard lots on the islands while at the same time assuring the proper^- 'o-A-ners of continued reasonable use of their propert>'. It may be found by subsequent City Councils that this Section was not restrictive enough to protect the health, safety and welfare of the ciuzens and that new development potential granted to propert>' owners by this Section may have to e modified. Therefore, no new development rights granted by this Section shall be deemed to be veste property rights but shall remain subject to future modification by the City. Source: Ordinance No. 246 Effective Date: 1-13-83 SEC. 10.32 PRD PLANNED RESIDENTIAL DEVELOPMENT Subd. 1. Purpose. This plan is available to land su idividers subject to Council approval, as alternative to standard minimum lot size subdivision of land. The purpose of this plan is to enhance the appearance of neighborhoods through preservation of natural open spaces, to counteract the effects of urban congestion and monotony, to provide cohesive struc^e to neighborhood design, to offer recreation opportunities close to home, and to aid in improving the welfare in general of City residents. ORONO CC 330 (4-1-84) § 10.32 Subd. 2. Submission of Plans. Land ovniers may submit land subdivision plans for any "R" District wthout adherence to minimum lot si2e requirements for each building lot, provided that the total number of building lots, or dwelling units, shall not exceed the number of such lots or units permissible under the minimum lot size requirements of the zoning district or districts in which such land is situated. Subd. 3. Council Discretion. The dwelling units permitted may be, at the discretion of the Council and subject to the conditions set forth by the Council, in detached, attached or multiple family dwelling structures; subject to the limitations provided for in each zoning district. Subd. 4. Open Space, Etc. The dedication, ownership, use and maintenance of open spaces created by the application of the Planned Residential Development shall be subject to conditions deemed necessary by the Council to assure the preservation of such open spaces for their intended purposes. Subd. 5. Dedication of Open Space. The dedication and ownership of such open spaces may be through: (1) Homeowners Association; (2) Landlord Maintenance; (3) Special Service District; (4) Municipal Ownership; or (5) any other method deemed appropriate by the Council to accomplish the purposes of this plan. Subd. 6. Site Plan. The proposed site plan, including location, spacing and basic design of proposed buildings, street and parking plans, water and sewer (public or private) plans, and plans of open space available for park or recreational purposes, shall be submitted for approval b> the Planning Commission and the Council. Subd. 7. Hearings. The Council may direct that a public hearing be held to review such plans. Subd. 8. Final Approval. Final approval shall not be granted until all condiUons set by the Council are met; and, further the Council shall not approve any such Planned Residential Development prior to the legally binding establishment of the open space dedication, ownership and maintenance provisions, such provisions to be guaranteed by bonding or other means satisfactory to the Council. \ Subd. 9. Subdivision Requirements. All provisions of suboivision procedure established by the City Code except as modified herein above, shall govern applications under this plan. Source: Municipal Code Effective Date: 9-14-67 (Sections 10.33 through 10.39, inclusive, reserved for future expansion.) ORONO CC 331 (4-1-84) L_. MM DATE Oe/11/99 DATCH SOA PROr ADDR OWNER NM1E TAKPAVEt NANE/AODR PROP ADDR OWNER NANE TAXPAYER NAHC/ADOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PlASSARi PACE 12 SO 2R-11R-23 AA OOtl •test ADDRESS UNASSICNED ORONO CENTER PROPERTIES ORONO CENTER PROPERTIES C/0 REIERSCORO LAW FIRM ASOR AATH ST W EDINA HN S5A2A sa 3A>iia*2S 22 aaia aaiAS DICKEY LAKE DR JANES FENSKE JAMES E FENSKE 74S DICKEY LAKE DR LONG LAKE HN 5SS5A' 3s 3s-iia-23 11 aao3 aeasa address unassicned ORONO PLAZA ORONO PLAZA C/0 REIERSGORD LAW OFFICE ASaa AATH ST W HKLS HN 55A2A SO SA-iia-23 22 aaaa a07S5 DICKEY LAKE OR T 0 ESAU SNA ESAU TERRANCE O S NARY A ESAU 755 DICKEY LAKE DR LONG LAKE HN 5535A TOTAL BATCH 50A 00022 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION# TO THE BEST OF NY KNOWLEDGE AND BELIEF « p1 iWMIV 1M 1 %1 HUH DATE 16/11/99 BATCH SOA PBOr ADOR OWNER NAHE TAXPAYER NAHE/ADDR 38 27-118-23 32 8002 ‘ •2388 SIXTH AVE N B 8 R O'ROURKE BARRY I ROBIN O'ROURKE 2388 8TH AVE N I.ONC LAKE HN 553S6 HENNEPIN COUNTY PROPERTY IHFORHATXON SVSTEH PROPERTY OWNERS LIST 38 27-118-23 32 888A 81180 WILLOW DR N CLIFFORD ALFRED HILLSTROH CLIFFORD A HILLSTROH 1160 WILLOW DR N LONC LAKE HN 55356 REPORT NO. PXA5M81 PACE 11 38 27-118-23 32 8813 02350 SHADOWOOD DR J F I J H CROBE JOm CROBE 2358 SHADOWOOD DR LONG LAKE HN 55356 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADOR 38 27-118-23 32 8021 08838 AOORESS UNASSICNEO FULLERTON PROPERTIES INC FULLERTON PROPERTIES INC 688 2ND AVE S NPLS HH 55902 38 27-118-23 32 0822 81020 WILLOW DR N JANES A t BERNADINE A COX JANES 8 BERNADINE COX 1020 N WILLOW DR LONG LAKE HN 55356 coao 38 27-118-23 33 80t9- JK 88988 WILLOW DR N T F 8 H T WOLF ^ ^ THEODORE F 8 HYRNA T WOLF 988 WILLOW DR N LONG LAKE HN 55356 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADOR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADOR OWNER NAHE TAXPAYER NAHE/ADOR 38 27-118-23 33 0009 00760 DICKEY LAKE OR ABRAHAH THONAS ABRAHAH THOHAS 760 DICKY LAKE DR LONG LAKE HN 55356 38 28-118-23 91 0002 81125 WILLOW OR N W L LESKINEN 8 D H LESKINEN W L 8 0 H LESKINEN 1125 WILLOW DR N LONG LAKE HN 55356 38 28-118-23 91 00<*r> 08838 ADDRESS UNASSICNED T 8 C CARROLL THONAS P CARROLL 2688 6TH AVE N LONG LAKE HN 55356 38 28-118-23 92 0006 80838 ADDRESS UNASSICNEO INO SCHOOL DIST 8278 lORONO) XNO SCHOOL DIST 8278 (ORONO) AOHINISTRATIVE OFFICE 685 OLD CRYSTAL BAY RD N LONG LAKE HN 55356 38 27-118-23 33 8010 00770 DICKEY LAKE OR C D LEUKUHA 8 J H LEUKUHA CHARLES 0 8 JILL H LEUKUHA 770 DICKEY LAKE OR LONG LAKE IM 55356 38 28-118-23 91 0003 02950 SIXTH AVE N S 8 H BOULEY STEVEN J BOULEY 2950 COUNTY RO 6 LONC LAKE HN 55356 38 28-118-23 92 8002 02700 SIXTH AVE N JOHN LEIN JOHN H LEIN P 0 BOX 177 LONC LAKE HN 55356 38 28-118-23 93 0007 00038 ADDRESS UNASSICNEO XNO SCHOOL DIST NO 278 IND SCHOOL DIST NO 278 ADHIN OFFICE- SOPERINTENOENT 685 OLD CAPITAL BAY RD N LONC LAKE HN 55356 38 27-118-23 33 0011 00960 WILLOW OR N KATHRYN H BODE KATHRYN H BODE 968 WILLOW OR N LONG LAKE HN 55356 38 28-118-23 91 8809 02588 SIXTH AVE N 0 N 8 W J ERICHSEN DIANE N ERICHSEN 2588 ATH AVE N LONG LAKE HN 55356 38 28-118-23 92 0003 02688 SIXTH AVE N T P CARROLL OCA CARROLL THOHAS P CARROLL 2688 SIXTH AVE N LONG LAKE IM 55356 38 28-118-23 93 0008 00038 ADDRESS UNASSICNED INO SCHOOL DIST NO 278 IND SCHOOL DIST NO 278 AOHXN OFFICE- SUPERINTENDENT 685 OLD CAPITAL BAY RO N LONG LAKE HN 55356 Vr* r>. jn \ :j •r •••-ir*^ ■ ’ ^*V . *■’* «r :jrj;f\ttut (It) (3) ff #• y* ■^:S'I ’:j. js-iis- as- 1 Asi£-(@ ;T bi ^^A|l8-a3- @) •V*. r :i*?__*: xo-,«o a5d:«j’ —V 33-1 ^a?-@ ^r..............,:x.x.;;;.;.:;i.;:>:.;.v;;.v;v;; ;■^;■v•;<•;<.:^•;v•.••.••. •;•x•:•:•:•^:•;v.•v;•;•:•: :•:•;•••:•;•:.'. x^xx^x-x-v^x^ 'x^x- :::x:r:x:;>x:xVx:x:x;;:x :xv;-::-;-'.-x-;'-:;x:-:-: . x*>:-;-:-:-x-;;;-» ^t'X- . :>-x:’:::-:Wx-;-Xv Axx:x:x:>x:;xxx;;<x-x:;:;:>x><x ;>:::xxx-x-x ‘;^x'-r ‘xjx ’x^ fxx:-:x; :•; :xxo xx;vx;x-;;v:;;;X-;;. iliiiiSiiiii i- w.\w.\w.wW’.\yy ‘:v:-::::-:x-;:v:-;-x<v>X::x:xvx:x ;!yXXX;^^!vf.v;;XX;;;vXvt>v;;X;X;'' /(tl) 'n.m xXx:x:;:::::x:yx:;--x-x:x; xX-:::;:x:i:;::::::x:x::;x;x:^ .*•*•*•*«*« •*#*•*• *•««••• ••• • • \>:x:;:x:x:xXx;;X:;:;;::x w-jf • X r , . ^-**/■*' __^ %l k :x;::xxx;;y;:;::x;.x;x;:;x;x;.:;:;;:::;;^ P>x;<-:x:-;-;Xv:<Xv>;'X";;x;:;X;;;.txx; ^^.X;!•.;;^:;;;X;^^;.;;•^;:;•;; • ;;;;:x^ ■>.*X*1 ■.*!•*•! !*X*X•X•X•^!*^X*X^^■^X••■■ ■ ;xX:X;;xx::Xx:x:;:xxx':X;x:x •?*X*X*!’>x!*!*.*>Xx*I*.‘X*.*I’* • • « • § t ••• • • • • «.xx-;-:x-x-x-:-:-:: . ‘ .*«*•*»"•*•*•*•*•*«*•*•*•*•*•*•* • • : :XxXx>‘:xxxx: ;x;::(:•) ■;V-;‘;-'V;x;;xXx-x-x/;':-: . .................... • ' :x:x:;::x:X::xX;X;;:;;x;x:x ■•Y-xXx:;v:x;X::;v;:xX;xxXx;;-;-^ ;!^:^^^^>;x•x;^;x::x:x^ xx:x:vx, XXXipYx'X-XyXvY ■ ;:Y:ixix::;:!^:x:;x;xiYx:i xXxixixixixiYixi-xXx.^^ /;•;x^;•x•;•^XvX•XvX;::X;; .#•••••••••*«• •• • •• • • ‘v:x:x:::;:;::::;::xYX;;;X;X:‘::* ■fmmsmvm (pjr I \, 3Z-U5-<^3- m » >«• ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 0 (rr^4 Steven and Susan Wilson, Continued) The Cmficate of Mailing and Affidavit of Publication were noted. Steven W^on, Applicant, was present. Weinberger that the Planning Commission and City Council has recently approved a subdivision of a igt line rearamgement for properties located at 325 South Brown Road and 2150 Abingdon Way. City Code requires that the Applicants dedicate drainage and utility easements along all newly created property lines, which have been granted along the new property line. However, the previou\^under1>ing drainage and utility easement along the old property line was not vacated at the time the subdivision was approved, which should be vacated. Staff is recommending ap^val of this application. Wilson had no comment Hawn Inquired whether the Applied would be agreeable to affirming the agreement with Abingdon Way. Wilson stated It would not be an affirmahon, but merely notifying the owners of each lot in this division that they are liable for each easerKent Wilson stated he would approach the homeowners association requesting that the 60 foot path^y be eliminated from their agreement, which requires City agreement. Hawn Inquired whether that portion was before th^lanning Commission as part of this application and v/hether any legal notice must be given to the atWoining property owners. Gaff.'on stated that it was, noting that technically actloivlw the Planning Commission may not be required. Gaffron stated that in his opinion no notice Is required. There were no public comments. Smith moved, Berg seconded, to recommend approval of Application #2474,325 Brown Road South/2150 Abingdon Way, vacating the 10 foot wide dredge and utility easement along the previously existing property line between 325 South Btpwn Road and 2150 Abingdon Way based, and as a result of the lot line rearrangemei\the obligation to maintain Abingdon Way will be maintained solely by Lot 5, west of ^pe east 60 foot line, and not Lot 6. VOTE: Ayes 7, Nays 0. SKETCH PLAN REVIEW (#S) #2505 THE BANCOR GROUP, INC., V/ILLOW DR1VE/6TH AVENUE NORTH - SKETCH PLAN David Newman, Bancor Group, was present, along with Marty Campion, P.E., of Otto & Asscdales. Weinberger stated the Applicant is proposing to develop a 58 acre parcel located at the southwest comer of County Road 6 and Willow Drive North. The Applicants have proposed a concept plan to subdivide the property Into 52 lots, with an average density of less than one acre per let. Tne property is zoned RR-1B, which requires two acres per unit. The Applicants are requesting that the property be rezoned to R-1 A, allowing one acre per unit density, and to develop the Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1999 (#2505 The Bancor Group, Inc., Continued) property as a Planned Residential Development The purpose of a PRD is to enhance the appearance of neighborhoods through preservation of natural open spaces and to counteract the effects of urban congestion. A PRD would allow the property to be developed at one unit per acre, with City sewer and water being available to these proposed units. This property could not sustain a rural style development with individual septic systems due to the high water table and soil types present. Weinberger stated that the property to the south may be developed at a slightly higher density, with a two acre density development east of Wllow Drive, a low density residential neighborhood north of County Road 6, and the Orono School Campus to the west This development would serve as a buffer between the lower density residential development to the north and east versus the other land uses to the south and west. The Applicants are proposing a plan that would result in the nearest home being located approximately 225 feet from County Road 6. Several berms are being proposed throughout the development, and each lot will be regraded to create walkout style- homes. Access to this development would be off of V/illow Drive, with no access off of County Road 6. City Staff recommends that the proposed intersection betv/een the development and Shadowood Drive be aligned, whether it's through the extension of the northerly road or the other curb cut being relocated further north, to eliminate traffic turning left. The acces.*j points are proposed to be approximately 200 feat apart. Weinberger staled that standard drainage and utility easements v.ould be required, as well as parkland dedication. Weinberger stated the Applicants could have the option cr donating 8 percent of the land value or designating a portion of the development for trails. Weinberger stated that the hookup costs for City sewer and water v/ill need to be discussed further. Weinberger noted that the City Council has established less restrictive zoning standards for other PROS, including French Creek and Sugarwoods. Lindquist commented that he is hesitant to approve rezoning of this area due to the high density housing that is being proposed. Newman stated that the high density is necessary due to the connection costs for City sewer and water, noting that they have reviev/sd the costs involved in this project and that in order to offset their expenses, upper market housing will need to be constructed in this area. Lindquist inquired v/hether they have calculated the average lot size for this development, Newman replied they have not yet made that calculation. Campion stated that they are contemplating lots that average around a half-acre, with the smallest being one-third acre. Stoddard commented that he would like to see a residential development in this area, but that In his view the City Council may wish to retain the two acre zoning. Stoddard stated he Is unaware of the economics Involved for this development, but that he personally would like to see larger lots. Ns'wman stated that this is an expensive parcel of property to develop, and that not all the residences will be constructed with v/alkouts. Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 19,1993 (#2505 The Bancor Group, Inc., Continued) Campion staled that the walkouts are necessary due to the high water table and soil conditions in the area. Newman stated that they have obtained two sets of soil borings because of the high water table and soils in the area. Hawn commented that the City is interested in providing more affordable housing and that the proposed high density will present drainage problems. Hawn inquired whether a landscaping plan has been developed in more depth. Newman stated they have not designed anything specifically for this development at this lime. Newman stated in his opinion this site will never be developed for first time home buyers due to the high costs associated with developing this piece of properly and that they are contemplating houses In the $350,000 range. Berg questioned whether the location of the access is an issue. Berg commented that she would also like to see lower density in this area, noting that In her view seme of the proposed lots will be unbuildable due to the small lot size and targe pond located in the area. Weinberger stated that the final location of the road will need to be reviewed once the layout of the units is determined. Newman stated they have not reviewed whether the lots contain suitable building pads at this time, which will need to be addressed. Lindquist remarked that the developer will also need to submit a drainage and grading plan, noting that some wetlands do exist In the area. Stoddard stated in his opinion it is doubtful that any zoning under two acres will be approved. Smith commented that the residents are starting to take the view that the holding ponds are a natural feature to the area and should be turned into private beaches, which should not be encouraged. Smith staled that residents are also hesitant to have trails located close to their homes. Smith stated in her opinion the two acre zoning should be adhered to. Newman stated that he is committed to this project. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (^2504 Warren and Tana Garrett, Continued) JeN^n stated the Applicants are requesting variances in order to construct a 12 by 20’ home addicb^an addition to the existing deck, and construction of an ir.ground swimming pcol. The initial app^^tion by the Applicant included a request to construct a split-rail fence alcn^ he procerty line^^ram the driveway to the lakeshore. The Applicant withdrew the request For the fence at the Plannin^'S^mission meeting. The Planning Commi^i^n recommended approval of the variances for the addition to the house, the deck addition, and thCTqcround swimming pool, but recomm.e.nded denial of the variances to allow construction of a five robt^^igh split-rail fence. Jenson stated that a mature stand oN^ess would prohibit the neighbors from having a view of the new addition and swimming pcol. Garrett commented he has read the resolutionSefore the City Council tonight Garrett stated he will withdraw his application for the fence due to sbme complaints by one of the neighbors. The fence was designed to help deter trespassers onto h^Sifoperty from the adjoining Long Lake park, but the number of trespassers has declined this past yei Mayor Jabbour stated that the City does not like to have fence^^nstructed within 75’ of the lakeshore. Kelley moved, Peterson seconded, to approve Application #2504, anbu^dopt RESOLUTION NO. 4332, a Resolution Granting a Variance to the Averag^^akeshore Setback to Allow the Construction of a 12' by 20’ Addition to the Home, an Additiohs(o the Existing Deck, and an Inground Swimming Pool Surrounded by a Deck, and to Deny th«,Yariances to Construct a Five Foot High 3-Rall, Split-rail Fence Along the South Property Uhe from the Driveway to the Lakeshore. VOTE: Ayes 5, Nays 0. ^ (#9) #2505 THE BANCOR GROUP, INC., WILLOW DRIVE/SIXTH AVENUE NORTH - SKETCH PLAN REVIEW Marty Campion. Bancor Group, was present. Weinberger stated the Applicants are proposing to construct a 52 let subdivision consisting of single family units over 58 acres located at the southwest comer cf County Road 6 and Willow Drive North. The Applicants have submitted a proposal to subdivide the property into 52 lots, w^ an average density of less than one acre per lot This is assumi.ng the total property dedicated fcr right-of-v/ay, ponding and wetlands will exceed six acres on the site. The property is currently zoned RR-1B requiring two acres per unit The Applicants are reguest'ng that the property be rezoned to R-1A to allow one acre per unit density and to develop the property as a Planned Residential Development. The pu'pose of a PRD is to enhance the appearance of reighborhoeds through preservation of natural open spaces and to counteract the effects of urban congestion. A PRD would allow the property to be developed at cne unit per acre while allowing the lots to be less than one acre leaving the remaining land as epen space by the creation of conservation cutlots City sewer and water are available to this property. Weinbe.'ger stated that this property would not be able to sustain individual septic systems due to the high water table and soil types present in this area. V/eInberger stated that the surrounding properties to this site include a two acre development cast Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (^505 The Bancor Group, Inc., Continued) of Willow Drive. low density residential consisting of two acre lots north of County Road 6, the Orono School to the west, and some possible townhome/office use along Highway 12 and Kelley Parkway to the south. This property may be appropriate to act as a buffer zone between the mixed uses surrounding the proposed development. Mayor Jabbour commented that a prior application was submitted for this property proposing approximately 42 units. Weinberger stated that ^he prior application proposed two acre density to the north and one acre density to the south, with the propeity being set up as a PUD. and did not appear before the City Council. Campion. Bancor Group, stated that the wetlands were delineated a number of years ago and that a new wetland delineation has been undertaken, which, in his opinion, will shov/ that the wetlands are diminished from what was originally charted. Campion commented that there are a number of benefits to this proposal, such as this property acting as a transitional zone to the surrounding areas, with no access being proposed off of County Road 6. Bancor Group is proposing to preserve the natural environment as much as possible in this area as well as creating a trailway and open green space in this development. Campion stated due to the costs associated with developing this property with City sewer and v/ater, the higher density is necessary. Campion commented that more housing in this area will be needed due to the new Highway 12 corridor and the displacement of a number of families. Mayor Jabbour inquired whether the Applicant would be willing to consider a two-tier zoning for this property. Campion remarked that they are not aware of the exact amount of v/etlands in this area, which would impact the size of the lots, and that if they are required to have a minimum of one acre dry buildable, that v/ould mean a significant reduction in the number of lots. Mayor Jabbour inquired v/hether the Applicant wished to recess this matter temporarily to discuss some of these issues with the other Bancor representatives. Campion requested that they be allowed to discuss this matter. Item #9 follows Item #10. (Recess taken at 8:21 p.m. • 8:31 p.m.) (#10) DNR CONVEYANCE OF LUCE LINE PARCEL TO LONG RIDGE ASSOCIATES Gaffron stated that the DNR has determined that a portion of the south half of the Luce Line right-of-way west of the Orono Golf Course was in fact owned by Long Ridge Associates. Long Ridge Associates has agreed to deed the trail right-of-way to the DNR in exchange for conveyance to Long Ridge a portion of the trail right-of-way further east, adjacent to the Orono Orchard Road bridge. The portion to be conveyed to Long Ridge is now and will continue to be used by DNR and the public as a walking/driving access to the trail with the DNR retaining an easement over the str.p for these purposes. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (<!^9) #2505 The Bancor Group, Ir.c., Willow Drive/Sixth Avenue North, Continued Campion stated that the consensus of the Bancor Group is that they will not be able to proceed forward with this development if it is reduced by more than four lots. Campion stated tnat they > fortUin- annmyimfltPiv 85 drv huildahle acres oer Ict at this time, noting that the exact amour i.a ucYc.w .. .V« ____________________ ___ ■ they are looking st approximately ,85 dry buildable acres per Ict at this time, noting that the exact amount of weUands has not been defined. Mayor Jabbour commented in his view his opinion regarding this parcel has changed scmewhat over the years due to changes In the community as well as the new proposed Highway 12 comdcr. Jabbour stated that according to City Code prior developers were given credit for weliar.ds when City sewer was available. Jabbour commented in his opinion this property should be used as a buffer zone. Campion inquired whether the City Council would be requiring one acre lots for this development. Mayor Jabbour stated this parcel should be developed as a PRD. with an average of cne acre per lot. Kelley commented that he personally is not in favor of rezoning this property and would Tike to see the two acre zoning maintained. Kelley stated he would be in favor of a PRD with two acre zoning Peterson commented that she also is in agreement with the two acre zoning. Kelley stated that in his view the value of the property should be reduced In order to make this development more economically feasible. Campion stated they will need to address these issues further. Gaffron commented that Sugarwccds was rezoned to one acre density. Mayor Jabbour commented In his opinion the City should provide some higher density housing within the City and that the City Council should consider the possibility of rezoning th;s property, Kelley slated he would be in favcr of clustering units on this property, which would e.rainate the need to run sewer to a large number of residences. Kelley commented he would hue o maintain the two acre zoning for this area and is not in favor of higher density housing in this a.ea. Flint comm.ented that he is troubled by the efforts to keep this area zoned at ^o this is not a prime piece of real estate and that the school and County Road 6 do impa-t this property. Sansevere stated he is In agree.ment with Flint and that in his opinion this property cculd be rezoned one acre dry buildable. Campion stated that one acre dry buildable would not allow their proposed development to work, noting that the v/etlands and the streets need to be taken into account. Mayor Jabbour commented that he would be hard-pressed to vote In favor of this app.ica he has denied another similar prcccsal for this property. Jabbour stated he would -e mor favorable towards a development proposing a maximum of 44 units. plication when more Sansevere comm.ented that the developer is proposing upper middle class housing fcr this areai Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9,1999 (#2505 The Bancor Group, Continued) noting that he would be in favor of higher density for this area. Mayor Jabtcur commented that credit should be given for the streets. Gaffron stated under a PRD the City has allowed credit for roadways, noting that no credit is given under a standard plat for streets. Mayor Jabbour commented that the Applicant will need to appear before the Planning Commission with their proposal once these issues are addressed. Campion stated that they will continue to keep the buffering to the north and east, and will look at trying to achieve a one acre zoning under a PRD with credit being given for the streets. ' •» [AYOR/COUNCIL REPORT Mayo^^abbcur stated he has been contacted by one of the business owners, the owner of the vacantVs^mmercial building adjacent to Highway 12 and Industrial Boulevard in Long Lake, regarding^ possibility of constructing a service road to provide additional access to his business from Old C^^al Bay Road. Jabbour stated he explained to the property owner the process that needs to be folk^ed and the City’s general philosophy regarding this matter. Jabbour commented that the City’s cuh^nt comprehensive plan, which is in the process of being updated, is being made obsolete in part bec^se of the nev/ Highway 12 corridor. Mayor Jabbour stated th^the City should make a determination whether a frontage road is necessary in this location whether a frontage road Is des.red by the property owners in that area. Jabbour com.mented tHts|t the City has taken a position that they do not want an exit ramp from new Highway 12 in this lo^tion. Kelley stated he essentially told the)«resentative the same thing last week. Kelley commented that the traffc counts by Mn/DOT are nw always accurate and that their numbers lend to differ from the Counti’’s numbers. Kelley commentedUn his viev/ the new Highv/ay 12 corridor should be constructed first. Mayor Jabbeur suggested that the City Adminis^tor send a letter to the affected business owners informing them that this issue has been discussed\(T^d that the City Council is interested In their input on this matter. Mayor Jabbeur stated he has spoken with the president ofGreat America who has stated that the Dakota Rail v/:!l officially be shut down October 15. 1999. J^bour commented the next step is to m.eet with Her.nepir, Parks to discuss the Dakota Rail to Trail ^^^‘ect Keiley commented that he is aware that the Orono Police Departmeh^is taking some action regarding Big Island. Jabbour stated that the police are aware of the situation and are reviewingsjis m.atter. Sansevere comme.nted that perhaps the number of boats should be restricted in tijat area. ( Application Date: 9/22/99 Completion Date: 9/22/99 60 Day Deadline: 11/21/99 COUNCIL MEETING OCT 2 5 t999 CITY OH ORONO REQUEST FOR COUNCIL ACTION DATE: 10/20/99 ITEM NO. Department Approval: Administrator Reviewed: Agenda Section: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Item Description:#2531 Roger J. and Elizabeth Olsen 815 Partenwood Road Variance Renewal Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:44.225 s.f (1.02 acres) Application: The applicants are requesting approval to renew variances that were granted on November 24, 1997 and October 26, 1998 to allow expansion and remodeling of an existing residence to include a four stall garage and additional living area. The requested variances are for: 1. To allow remodeling per the plan in Exhibit A of the resolution where the residence is currently located 34' from the lakeshore where 34' is proposed and 75' is required. 2. To allow 15.3% (4,413 s.f) of hardcover to be located within the 0'-75' lakeshore setback where (20%) 5,815 s.f. is existing and none is allowed. PLANNING COMMISSION RECOMMENDATION: To approve renewal of the requested variances on a vote of 7-0. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. A RESOLUTION GRANTING RENEWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2531 WHEREAS, Roger Olsen and Elizabeth Olsen (hereinafter "the applicants") are owners of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenwood (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for the renewal of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space located 34' from the 929,4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is allowed as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. 3. This application was reviewed as Zoning File #2531. The property is located in the LR- iv Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. The Orono Planning Commission reviewed this »enewal application on October 18, 1999 and recommended approval of the proposed variances based upon the following findings: 1. The proposed additions would not ftirther encroach on the OHWL. Page 1 of 5 ) are after rono, mtial acre. tober a the 4. 2. The configuration of the lot severely restricts the allowable building pad. 3. The amount of hardcover in the O' to 75' lakeshore setback would be reduced from 20% to 15.3%. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 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. Subdivisions 1 and 2 to allow Ae remodeling and expansion of the existing residence located 34' from the OHWL where 75 is required and hardcover of 4,415 s.f. (15.3%) in the O' to 75' lakeshore setback where 5,815 s.f. (20%) is existing and none is allowed. All plastic under landscaping must be remo\ed in the O' to 75 lakeshore setback prior to any new construction. 5. 1. 2. No further variances will be granted to this propierty in the future. 3.Authorities granted by this \ ariance run with the property not with the applicants, but are permissi\e only and must be exercised by application for a building permit within one year of the date ot Council approval, or this variance will e.xpire on that date (October 25. 2000). Pace 2 of 5 4. 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. 5. 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. 6. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of October, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour. Mavor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of October, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. Notarv Public Page 3 of 5 iiiMiwriTti •»ctr€^¥Mi LtMMl4Ctail r«K9iTi^[•■H] lil«l < X) LAKS MINNETa\*.<A main entry ENTRY WANTING • . ir-MT r/-nc«^M r.i amtikit? 1 TO:Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Wendy Bottenberg, Assistant Zoning Administrator/Planner October 8,1999 SUBJECT:#2531 Roger J. Olsen 815 Partenwood Road Variance Renewal -- Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:44,225 s.f. (1.02 acre) This application requires the following variances; Section 10.22, Subd. 1, Lakeshore Setback Regulations Section 10.22, Subd. 2. Lakeshore Hardcover Requirements Section 10.24, Subd. 5(B), LR-IB Lot Requirements Application Summary: The applicants received variances to expand and remodel the existing residence to include a four stall garage and additional living area. Variances were granted on November 24, 1997 and October 26, 1998 for lakeshore setback to be located 34' from the lakeshore where 75' is required and for hardcover in the 0'-75' setback where 20% (5,815 s.f.) was existing and 15.3% (4,413 s.f.) was proposed. H253! Roger J. Olsen 815 Partenwood Variance Renewal PC-10/8. ^9 page-1 \ ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1 acre 140 ft.35 ft.10 ft.75 ft. Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 1.02 acres 225 ft. at 75' setback; 357 ft. atOHWL 37 ft. (existing) 35 ft. (proposed) 46 ft. (existing) 20 ft. (proposed) 34 ft. The existing residence does not conform to the current lakeshore setback regulations. The homeowner's association has more restrictive side yard setbacks than the zoning district, therefore, the garage was placed 20' instead of 10' from the side yard setback. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'28,810 sq. ft.5,815 sq. ft. (20%) None 4,413 sq. ft. (15.3%) 15.3% ?5'-250’15,415 sq. ft.2,995 sq. ft. (19%) 25%3,600 sq. ft. (23%) None The applicant was granted a hardcover variance in the 0'-75' setback to reduce the amount of hardcover from 20% to 15.3%. Roger J. Olsen 815 Partenwood Variance Reneyval PC-10/8/99 page-2 Statement of Hardship: See Exhibit B Staff Recommendation : The zoning lot conforms to lot area, lot width, and side yard setback requirements. The existing residence is located within the required lakeshore setback. The proposed plan reduces the amount of hardcover in the 0'-75' setback. The existing amount of hardcover on the site is 10,228 s.f. (23%). The proposed plan is for 6,595 s.f. (14.9%) total hardcover on the lot. Staff recommends renewing the variance for lakeshore setback and hardcover in the 0'-75' setback. Attachments A Application B Applicant's letter C Architect's letter D Elevation E Site Plan F Hardcover worksheets G Minutes from previous meetings (10/20/97, 11/17/97,11/24/97) H Res. 4004 I Minutes from previous meetings (10//19/98,10/26/98) J Res. 4185 ti25il Roger J. Olsen 815 Partcmvood Variance Renewal PC-1 0/8/99 page-5 A AppUcadon # <2. S 3 i Date Received" 7/2 2^9 Amount Paid /S^O____ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) ^ Renewal Variance Fee $150.00 —^ ^.^30£5' (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION _____ Site Address koAi> i^nN 3:>3t>6 Property Identification Number (PJ.D.)______OS- HI -2B ^3000^iTOpcrty laenuiicauoii iNumocr n ------------------— Attach legal description to application if not included on required survey. Date Propc^^ Acquired_____________S/dop 7___________________^(month/year) I (do) (d$ji^) also own the adjacent parcels of land. Present use of property: X residendd ___pother (specify). Zoning District:.iCj.Z^.S LA-/B APPLICANT A-F. Name S- Address: V/S~ Rs.>AC^ OV'NER (if different than applicant) Name __________________________ Phone fiiome’l ^H~173S_____ _____ Phone fwork^ V/ 7 - City: ________Zin: SS3SO • Phone (home). Phone (work). Address:.City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: __ Estimated Construction Cost $.f ) (attach additional sheets if necessary) ^1- 1 • •*. i VARIANCES REQUIRED Lot Area ___Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) RARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITION.^ Describe undue hardship or practical difficulty or unusual property cor. .moos preventmg compliance with Zoning Code requirements:__________________ — -------------— (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be consiHgrgrf complete; d) 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property OwfUers List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SYi" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy SYz” x 11 ” for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy iYz" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the informaUon supplied is true and correct to the best of his/her knowledge. Applicant's Signature ______________________ Date 9"- ^ 9 - 9 9^ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Dm Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. i : ! . i ■ & September 22,1999 To: The City of Orono From: Roger Olsen Subject: Renewal of Variance for my home at 815 Partenwood Road. 1 am requesting a one-year extension of the existing variance on my property due to the following circumstances: Several general contractors have turned down my project after initiating the bid process due to a lack of time and their inability to get reliable commitments from their sub contractors. After receiving a firm bid four weeks ago from a general contractor willing to do the project, the price is over one hundred thousand dollars higher than my initial expectations and financial ability at this time. This represents a 25% increase in construction costs over the initial estimates.•A Thank you for your considering this renewal variance. Sincerely, A'- Roger Olsen • « U . /. I ^0 :V 5 November, 1997 c Al.KXANDER *■ UILSK'.N GROUP IS( oirtittliu To the City Planners of Orono: In response to your inquiry about the extent of remodeling to take place at 815 Partenwood, I will describe to you the scope of the work. After being on the market for over a year, the Olsen ’s purchased the properly in June with the intent of immediately remodeling the house. The house has a sagging roof that is in need of re-construction. The structure is of 2x4 wall construction & not up to current energy codes, is in need of window replacement, the porch foundation is in need of replacement,as well as needing much updating to pass any building inspection for current code compliance. Much of the current foundation will remain. Foundation will only be removed at areas where the house is being expanded. The porch foundation will be re-built. The lower level is walkout and has a sub-standard wall which can e ither have 2x6 studs piggybacked to the existing studs or we would rebuild ;ne wall. Rebuilding the wall is a much preferred method of remodeling and what we hope to do. The same options of construction can be applied to the main floor walls that will remain. The main floor Is currently cantilevered at lakeside further than current codes allow for cant’s, so we will need to cut it back and re-build it without cantilevers. Given that the whole main level lakeside wall needs to be re-built to eliminate the cantilever, it has been suggested by contractors to rebuild the floor- for several reasons- to improve constr. & eliminate rebuilding of sub-standard areas, to raise the height of the lower level to current ceiling heights, and allow for clear spans. This concept has now been incorporated into our plans. The ceiling plate heights will be raised and a totally new roof truss system installed. The exact size and shape of the existing and proposed house are shown R£j,Dg>,-T,^LBMLr:\cuEsic\' overlaid on the site plan submitted for variance. If you have any questions please feel free to contact the Olsens or myself. ▼ 4iH EAST LAKE STREET Sincerely, Kathryn Alw<ander V. \^ ZATA V.N (612)4-3 LWf^iovS EL6\/Mlow & B^:-nK'i'tXt =?y5/ £) ifv\m^ir^ I Pi^^-pqg cfehigQ?r-EM^r» >1 iMtfOi eioo CO A Cl Cl Cl CO o I- Cl iO Ho • • o t"-o> LA<e MIN!NETO\‘.<A \_____.MAIN fiNIPY ENH^T PLANTING . •<*»-*» I r-w AI^ITlKI^ > 11 20.-97 10:04 FAX 612 47.1 .S222 ALEXA.NDER DESIGN MAIUJCUVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING hard cover in ?:ONr f 75-2S0*250-500*(lofj.) A. House LengUfJ Width S.F. X X X S.F. S.F. S.F. B.Garage • • X C.Driveway X X D.Sidewalk X X E.Patio/Dcck X X F.Landscape X Underlain X By Plastic X G.Other • X A TOTAL HARDCOVER IN ZONE TOTAL PROPERI Y AREA IN ZONE 4- B X PROPOSED Hardcover ttst tovp A.House X B. C. Garage Driveway l\&t^ f^O crciaG. - D.SiJewalk E.Paiio/Deck - F.Landscape Underlaia 9m By Plastic X G.Other X A TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE ~ B Vrv S.F. X 100 - ’1,^0 S.F. ____ S.F. S.F. _____ S.F. 61 S.F. __ S.F. It(p4n S.F. _________ S.F. S.F. (''b S.F. S.F. S.F. __________ •>1i9 2..(gg>Q S.F. S.F. S.F. S.F. S.F. _____S.F. S.F. S.F. S.F. S.F. S.F. A S.F. S.F. S.F. S.F. S.F. 2i=S.5=>rlC? X ICX) . S.P- i E HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONF. A. House AAfn/y* x 250-500'500-1000 • /p >0' S.F. Length Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X X X X S.F. S.F. S.F. lv\ckyviA iv^ Ay. S.F. l,(/»C3ir> S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERIT AREA IN ZONE A -5- B X 100 = S.F. |g7.4\e S.F. 1^ % PROPOSED HARDCOVER IN ZONE A. House k 'b’^0 S.F. Length Width B. Garage X X X C. Driveway ^ D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X S.F. S.F. S.F. ^2)0 S.F. S.F. S.F. tV\ S.F. _____________S.F. \Sn S.F. S.F. A S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -r B ay S.F. S F. \ch. 4\«g) S.F. X 100 A B A B 0^% MINUTF.S OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20,1997 O' (#12 - #2304 Deborah ShoU - Continued) Schroeder moved, McMillan seconded, to approve Application #2304. Vote: Ayes 6; Nays 0. ^ (#13) #2305 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - VARIANCES - PUBLIC HEARING 10:45-11:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Bressler reported that the application is for remodeling and expansion of an existing residence to include an attached 4-stall garage and loop driveway requiring a lakeshore setback, and hardcover variances in the 0-75’ and 75-250' lakeshore setbacks. A re\^ed survey was presented. Bressler indicated that due to the lot configmation, the building pad on the lot is restricted. Staff recommends approval of the application subject to ^ conditions noted which include elimination of the loop portion of the driveway, plastic under landscaping, and with the notation that no further hardcover would be aUowed m the future. Bressler reported that the applicant has agreed to remove the plastic xmder e landscaping. Olsen said the plans have changed due to the homeowners’ association covenants requiring a 20’ side setback. The plan currenUy calls for a 10’ side setback. He would like to move the design down 10’ to satisfy this requirement. Hawn said in order for this to occur, a new plan would have to be submitted. Bress»er noted that hardcover calculations would change. Berg questioned what tj.l .ing foundation and walls would be used. The existing foundation and walls to be used were noted. The house is a walk-out style. Lmdquist said he would agree in principle to this change but would require reviewing the plan. Olsen said there was a t'me limit problem for beginning construction this year Hawn asked about the elimination of the loop and location of the well. Olsen said he has reduced hardcover 1185 s.f. in the 0-75’ setback with the elimination of driveway and retaining walls. The applicant ’s designer asked if approval could be based on percentages and changes meeting the percentages required. minutes of the orono planning commission MEETING HELD ON OCTOBER 20,1997 (#13 - #2305 Roger and Elizabeth Olsen « Continued) Schroeder indicated he would have to review the plan. Berg said she would like to see • what the impacts are. Schroeder suggested guidance be given to the applicant. Lindquist asked that the hardcover calculations be improved. Berg noted that the Planning Commission must review the application that wiU be seen by the Council. Olsen said the shift would change the front setback from 35' to 32’ and asked if that was a big consideration. He was informed that Lindquist that it was a consideration. Schroeder questioned the need for 4 garage stalls. Lindquist informed the applicant that the City does not like to sec any structure within die 75' lakeshore setback. ^ • • Mrs. Olsen suggested the plan eliminate the 10' within the setback that is in question by the covenants. Olsen said he could eliminate 10' from the plan but would lose storage space. Lindquist suggested the architectural design be considered as well. Schroeder moved, Berg seconded, to table Application #2305. Dr. Bill Cottlcman, a next-door neighbor, was present representing the homeowners' association. He submitted a letter form the architectural committee regarding their restrictive covenants. He noted their restrictions are more stringent than those of the City. He said the homeowners' association would approve the home being more centered on the lot. A copy of the letter was submitted to staff. He said the association prefers to see as much distance between the homes as possible. Vote: Ayes 6, Nays 0. (#14j1#H0^^LEN PETERSON, HAVING AN HSTEREST IN 3355 CRYSTAL BAY R0AD>V4RI^CES - PUBLIC HEADING 11:05-11:10 P.M. The Affidavit of Publicatioh-aQd Certifl^ateof Mailing were noted. The Applicant was present. Photos were showm of the pr^erty. Bressler reported that tfie applicant is proposing constructionhf^82’s.f. carport with a deck above it attached to the front of the existing residence. Thel2*'^We carport would extend 22 out over the existing driveway with a walkway. This proposafl^^ill require variances fohside setback, lakeshore setback, and 0-75' and 75-250’ setbacki^dcover. minutes of the orono planning commission MEETING HELD ON NOVEMBER 17.1997 \ \ \ Vote: Ayes 5, Nays 0. ^ (#3) #2305 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - VARIANCES - 6:47-7:03 P.M. The applicant and architect, Kalhryn Alexander, were present. Bressler presented pictures of the property. The applicant is proposing remodeling and expansion of the residence to include a 4-stall attached garage. The application requires variances for lakeshore setback and hardcover in the 0-75' setback. There is no problem with average lakeshore setback as noted in the topographical map. The residence currently has a 3-stall side loading garage. The driveway configuration has been changed. The existing residence encroaches the lakeshore setback. The allowable building space is limited by the property. Only a portion of the existing foundation will remain; further information is included in the packet. The total hardcover is proposed at 19%. The 1.02 acre property is located in the one acre zoning district with 3/4 acre in the 6-75' setback. The street setback is also restricted. Bressler reported Staff recommended approval subject to maintaining a 34' lakeshore setback from the designated OHW where 75' is required. Encroachment on the lakeshore setback will not be increased by the improvements. Staff recommends hardcover be maintained at a ma.ximum of 14.5% in the 0-75' lakeshore setback where 20% is existing, 16% is proposed, and none is allowed. Bressler indicated that the amount of existing hardcover excluding landscaping underlain by plastic is 14.5%. This figure co^ild largely MiNims ^the orono planning commission MEETING HELD ON NOVEMBER 17,1997 be met by eliminating several proposed decks and existing patio area on the lake side of the residence. By approving this percentage, there would be no net gain in the amount of hardcover on the property, not including plastic under landscaping. Staff recommends aU lan.dscape underlain by plastic in the 0-75' lakeshore setback be removed prior to commencement of new construction. The applicant has agreed to this provision. Staff also recommends that no further hardcover variances be granted to this property in the future. Mr. Olsen, in noting the difficult lot, said he preferred not to reduce the hardcover further than the proposed 16^ to 14.5%, Ms. Alexander said the total hardcover is less than the 25% allowed. Hawn informed the applicant that trading hardcover for landscaping underlain with plastic IS not the same and does not justify the additional hardcover. Lindquist said he agreed noting there is a large amount of structure on the property and is of the opinion that the applicant should maintain the 14.5% hardcover maximum. Stoddard asked Bressler to explain the suggestions for hardcover removal. Alexander :-.oted that as suggested, the hardcover would still be over 14.5%. Bressler informed McMillan that he amved at the 14.5% by subtracting the landscaping underlain with plastic from the hardcover. The balance of hardcover to be removed would come from eliminating a portion of the patio, dog run, decking, or decreasing the size of the additioiL Olsen sard that he would have to eliminate the existing patio or addition even if all of the decking was climrnated. Lindquist infonned him that if the residence was new \ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 17,1997 _ construction, he would not be allowed any structure in the 0-75’ setback. Olsen acknowledged that the home would not have been able to be built to ineet today s standards. Alexander noted that the patio consists of pavers and asked if pavers with drainage holes is still deemed hardcover. Lindquist said they were. Alexander said eliminating 1.5 /o of hardcover would consist of497 s.f. * « When asked by Hawn what items are necessary, it was noted that the dog kennel could be gravel and the patio could be reduced in size. This would amount to less than the decrease being required. The patio is 810 s.f. and could be reduced. There were no public comments. Stoddard moved, Hawn seconded, to approve Application #2305 for lakeshorc setback, hardcover variance in 0-75' setback, subject to revised Staff recommendadon including a 41' lakeshore setback variance for structure to remain at 34' from the OHW, hardcover variance for a maximum of 4415 s.f. in the 0-75’ setback, and plastic under landscaping moved in the 6-75’ setback. The reduction in hardcover in the 0-75’ setback will be decided by applicant subject to staff approval. Vote: Ayes 5, Nays 0. sX DRIVE - PLANNED(#4) #2368.5ROOK PARK REALTY, 3560 SHO: RESroENTIALDl:VBLOP>IENT AND^CtASS HI PRELIMINARY SUBDIVISION - 7:03-7:39 P.M? Bill Gleason \v9s^esent representing Brook Park Realty. MINUTES OF THE REGULAR ORONO CITY COimCIL MEETING HELD ON NOVEMBER 24,1997 ZONING ADMINISTRATOR’S REPORT '(^3) #2279 G. ^L-^RC AND TRACY WHITEHEAD, 1220 LYmX n AVE iONSIDER PRELIMINARY PLAT APPROVAL • Mrs. Whhrfiead was present Gaf&on leportecis^at discussion was held at the last Council mecimg regarding the park dedication fee. pSsi^t \o Staff discussions. Staff recornm^ reopening the preliminary plat resouhion to enable Staff to draft for incop^ration into the resolution additional findings relatwt'to the nexus and proportior^ity issues related to the park fee. Mrs. Whitehead had no cominehts. She verifiedStm and Council reviewed her letter faxed to the City Office. Gaf&on^icated th^ was received on this date and dis-Hbuted for Council review. Jabbour informed Whitehead that the C^u^plans on acting on the application in a timely manner. Mrs. Whitehead s^tn she appre^tes that. Jabbour said the Councu must also protect the interests ofme City. Jabbour moved, Peterson^wnded, to reconsider Resol^Uon #3966 for purposes noted. Vote: Ayes 3, Nays C l Jabbour moved, Hint seconded, to direct Staff to draft findings^a^nexus and proportionalip^ior inclusion in Resolution #3966, Barrett v^mied that the findings will include the nexus and proportionaKtv of the subdivision ’s impact on parks. ote: Ayes 3, Nays 0. ^ (#4) #2305 ROGER AND ELIZABETH OLSEN, 814 PARTENWOOD ROAD - VARIANCES - RESOLUTION NO. 4003 The applicants and arc^’ ...t were present. Van Zomeren reported that the 1.02 acre property is located in the LR-IB Residential District and meets the minimum lot requirements. Pictures were presented of the property. The existing house is located within 75' of the lakeshore. 'Die lot is unus. ^ the lot extends along the lake but is narrow in its depth. The application is a propos^ or a 4-car garage and additions to the residence. A patio vrith pavers cuncntly exi^. The Planning Commission unanimously recommended approval of the 41 variance for ^ lakeshore setback for the residence 34' from the lakeshore and 15.3% hardcover variance in the 0-75' setback where 20% exists and none is allowed. MINUTES OF THE REGULAR ORONO CITY COUNCIL meeting HELD ON NOVEMBER 24,1997 “ ^2305 Roger and Elizabeth Olsen - Continued) The applicant had no additional comments. > . Jabbour asked if any of the hardcover resulted &om replacement of non-structural hardcover with structural hardcover. Van Zomeren explained v lat currently exists and * is proposed. She indicated the plan is reduced from the original proposal by remov^ of a dog run and balcony on the lake side. Van Zomeren said additional structure will occur. Jabboitf explained the issue of concern. He noted that applications have been reviewed where illegally non-conforming hardcover is approved as part of an application becoming legally non-conforming hardcover and resulting in more permanent structure on properties. Jabbour said when the non-conforming hardcover is reviewed, the Planning Commission assumes it has been placed their legally through the permit process but has been added since the original application for construction on the property was made. The City has not verified if the property has changed since the last application and the hardcover is used for trading for additional structure. Kathryn Alexander, the architect, said the property is the same as existed when the original permits were issued. Jabbour said his point referred to other situations. Peterson expressed her surprise that the residence was able to be built originally. Jabbour indicated that it was approved just prior to the current zoning ordinances. Jabbour moved, Flint seconded, to approve Resolution No. 4003. Vote: Ayes^, Nays 0. #2311 LOREN FRITZ, 3845 NORTH SHORE DRIVE - VAJOANCE - RESOHmON NO. 4004 Mr. Fritz was pr^ Peterson moved, Flint seconded^toaddptResolutionNo. 4004. Vote: Ayes 3,Nays 0. (*#6) #2313 TOM STEINKE, RESOLUTION^Ka 4005 AKOTA AVENUE - VARIANCE - PclerSon moved, Flint seconded, to adopt Resolution No. 4005/Vbtc;^Ayes 3, Nays 0. I- I2*es»o:s CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4004 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2305 WHEREAS, Roger and Elizabeth Olsen (hereinafter "the applicants") are ow-ners of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follov.'s: Lot 2, Block 2, Partenwood (here'inafter "the property"); and WHEREAS, the applicant has applied to the City for v^ances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and cxpa^ion of the existing residence to include a four stall garage and additional livmg space located 34 from the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is aUowed as shown on Exhibit A. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2305. The property is located iit the LR-IB Single Fanuly Lakeshore Zoning District requiring one acre in area. The property consists o . ac . The Orono Planning Commission reviewed this applicaUon on November 17, 1997 and recommended approval of the proposed vanance based upon th following findings: 1. The proposed additions would not further encroach on the OHWL. Page 1 of 5 of^o CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. n 0 ______ 2. 3. 4. The configuration of the lot severely restricts the allowable building pad. The amount of hardcover in the O' to 75’ lakeshore setback would be reduced from 20% to 15.3%. 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 grantmg the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to a’l^viate a emonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendatio.ns of the Planning Commission, reports by City staff, comments y 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 vanances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34’ from the OHWL where 75’ is hardcovy of 4,415 s.f. (15.3%) in the 0’ to 75’ lakeshore setback where 5,815 s.f (20%) is existing and none is aUowed. 5. 1. 2. 3. All plastic under landscaping must be removed in the 0’ to 75’ lakeshore setback prior to any new construction. No further variances will be granted to this property in the future. Authorities grated by this variance run with the property not with the applicants, but zit permssive only and must be exercised by application for a building permit within one year of the date of Council approval, or this vauiance will expire on that date (November 24, 1998). Page 2 of 5 of®^'CITYof ORONO sUii RESOLUTION OF THE CITY COUNCIL 4 0 0 4NO. 4.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. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of November, 1997. AT^ST: rA I'c, . Halfe, CiDorothy M. Mal|ih, City Clerk Prop^ CvNncr (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24^ y o November, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of Orono, a Minnesota r- unicipal corporation and said instrument was executed on be o the City. JAMSLG&WHOwrrfuuc4Meoi»COUNTYUy Oomlnlai bcHi J*v Sl.mo Notar>7 Public 0 Page 3 of 5 I CITYof QRONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 0 4 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _/— day of—T)p • 1997 before me aNotaiy Public within and acknowledged that he (they) executed the same as his (their) free act and deed. nota Sypubuc STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this____day of )ss. 199 _before me a Notary Public within andfor said county, personally appeared___________________________ known to me to be the person(s) described in and who executed the foregoing ir^tnim^nt anH acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 5 . .M ’uaofDC ’^c7:Xf xA i ri o o IJJ . 111 A s ^1 << II ri M ri CO r ^ I ei I 2 O• • to H •• % <CA X ORONO PLANNING COMMISSION Monday, October 19,1998 ROLL: The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith. William Stoddard. Elizabeth Hawn. Dale Lindquist. Commissioner Charles Schroeder arrived at 6:45 p.m.. and Commissions Janice Berg and Llli McMillan were absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger. Senior Planning Coordinator Mike Gaffron. and Recorder Jackie Young. Chair Smith called the meeting to order at 6:31 p.m. RENEWALS AND AMENDMENTS: PUBLIC HEARINGS (#1) t24atalOANN JUNDT, 1400 BR^GKETS POINT ROAD - VARIANCE RENEWAL, 6:32 p.m, 6:34 p.m. There were no public Lindquist mpv^, Stoddard secondedTtO'^Mrove Application #2421,1400 Bracketts Point Road^rpn^^I of setback and hardcover varibnc^ per the findings and conditions of Resolutions #3786 and #3986. VOTE: Ayes 4. N^ (#2) #2431 ROGER OLSEN. 815 PARTENWOOD - VARIANCE RENEWAL, 6:34 p.m. - 6:36 p.m, There were no public comments. Lindquist moved, Hawn seconded, to approve Application #2431,815 Partenwood, renewal of variances for iakeshore setback and hardcover In the 0-75 ’ setback per the findings and conditions of Resolution #4004. VOTE: Ayes 4, Nays 0. (#3p24a4^ROL OLSON, KID’S ART SCHOOL, 2180 NORTH SHORE AMENDMEflT>6:36 p.m. - 6:40 p.m. -CUP Carol Olson was present. Van Zomeren stated the Applicant is requesttjjg:^^mendment to the conditional use permit to allow a tipi to be located on the property for edoc^lionaTbofpcses. which is considered to be an accessory use to the art school. Lindquist inquired whethettheApplicant had any concerns with City recommendations. Olson stated she^s fine with the recommended conditions. Th^rerwere no public comments Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26,1998 (#2430 Paul Phillips, Continued) Goetten inoveHrPetersoa.5ecoi^d, tosenjLAppKc9lIoirM430,2140 Sixth Avenue North, back to the Planmofr€oniTffmion!^M review. VOTE: Ayes 4, Nays 0. -(#13) #2431 ROGER OLSEN, 815 PARTENWOOD ROAD-VARIANCE RENEWAL - RESOLUTION NO. 4185 Flint moved, Peterson seconded, to approve Application #2431,815 Partenwood Road, and adopt RESOLUTION NO. 4185. VOTE* Ayes 4, Nays 0. 14) #2432 GREENFIELD CORPORATION, 4755/4775 BAYSTDF ROAD EASEMENT/SUBDIVISION Laurie Lurdeen, Grjenfield Corporation, and Jim DeBerg, were present. Van Zomeren sfa^d the Applicants are requesting a revision or amendmmt to the final plat resolution to accommodate a private driveway easement over Lot 3 to^ovide access to Lot 1. The private driveway easement does not comply with the ap^val resolution for the final plat, which shows ahNOutlot for all three lots along Bayside Ro^. Van Zomeren stated Staff is generally not in favoKpf private driveway easements due/o the possible problems that may result. The Planning Commission recommend«l denial of a private easement and suggested that the Applicant apply for a lot line rearrangembqt, which woi^ require a lot width variance for Lot 3. Jim DeBerg, 1551 Hunter Lane, Medina, stated hi^^d previously met with the property owner and offered the private driveway easem^ norr^lizing that it was in conflict with what was originally approved in the Resoluti^. DeBergttated hv was later informed by the building official that he could not have a pwate driveway elsement. Laurie Lundeen stated they were unaw^c they could not grant a private driveway easement. Mayor Jabbour stated the City doe^ot officially recognize a private drivbway easement. DeBerg remarked that even witl^the granting of the private driveway easemenCtfie lot still exceeds the minimum lot size Van Zomeren stated a lot^dth variance would be needed in the case of a lot line rearrangement for the middle lot. CITY of ORONO P7///RESOLUTION OF THE CITY COUNCIL NO. 4 1 g ______ A RESOLUTION GRANTING RENTWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AM) 2 FILE NO. 2431 WHEREAS, Roger Olsen and Elizabeth Olsen (hereinafter "the applicants") are ovvners of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenwood (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for the renewal of v^ances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space located 34 ’ from the 929.4 ordinary high water mark where 75 ’ is required and requiring a hardcover vari.ance of 4,413 s.f (1.5.3%) where 5,815 s f (20%) is existing and none is aUowed as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2431. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. 3.The Orono Planning Commission reviewed this renewal application on October 19, 1998 and recommended approval of the proposed variances based upon the following findings. I The proposed additions would not ftirther encroach on the OHWX. Page 1 of 5 IL CITYaf ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 8 5 The configuration of the lot severely restricts the allowable building pad. 3. The amount of hardcover in the O' to 75' iakeshore setback would be reduced from 20% to 15.3%. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely ser\e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial oroperty right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. 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, Subdivisions 1 and 2 to allow the remodeling and e.<pansion of the existing residence located 34' from the OHWL where 75' is required and hardcover of 4,415 s.f (15.3%) in the O' to 75' Iakeshore setback where 5,815 s.f (20%) is existing and none is allowed. 1. Ail plastic under landscaping must be removed in the O' to 75' Iakeshore setback prior to any new construction. 2. 3. No further variances will be granted to this property in the future. .Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1999). Page 2 of 5 W CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 ft Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a ’/iolation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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. 6. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adv>pted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: (/A Linda S. Vee, City Clerk Property Owner (s) Gabriel^^abbour, Mayor \ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1993, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City o Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. C;J^CLE A. HASE.VWl KCT;fYFlEL:C-V.:*.:££CTA h£NJ.E?;;< CCLIMTY fe f'*/CcT.T>»'cE,-;:'?s.'r 3:.rcco a Notary Public Page 3 of 5 m :^sHO statc U f^innesota ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _4-i 5_____ On this ^ day of 4t m,, 199^ before me a Notary Public within and for said county, personally ap^^ed ^ fl:z^.LfU 01^^ known to me to be the person(s) descnbedln and who e.xecuted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. »* I • •*. • ^1 ft: f.-.,T;.*.Y?tEUC*.V'M££:TA K HEMflEPK,'COUNTY K MyCcT.mis:lcnE)Cir»iJtn.31.2CM a NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally appeared ______________________________;__________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (diey) executed the same as his (their) free act and deed. NOTARY PUBUC Page 4 of 5 COUNCIL MEETING Application Date: Completion Date: 60 Day Deadline: 9/22/99 9/22/99 11/21/99 ocr 2 5 lyyy CU Y Ut OtiONU REQUEST FOR COUNCIL ACTION DATE: 10/20/99 ITEM NO.: ^ Department Approval: Administrator Reviewed: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Agenda Section: Item Description:#2538 Rob and Tori Jaffray 540 Barrett Avenue Variance Zoning District:RR-1 B One Family Rural Residential District (2 Acre) Lot Area:38,700 s.f. (.88 acres) Application : The applicants submitted an application requesting to change the roof line on the existing house. The roof line is changing to accommodate dormers. The dormers will allow for more headroom in the second story. The location of the house is such that a section of it lies within the front yard setback. In May 1992 this applicant was granted a front yard variance for a 2 1/2 stor>' addition. The front setback granted was 25 ’ from the street line. The requested variances are for: 1. Section 10.28, Subd. 5 (B): Lot yard requirements: A variance of 25 ’ from the front yard setback in order to construct a new roof lint to the second story 25 ’ from the property line, where 50' is required. PLANNING COMMISSION: The Planning Commission recommended by a 7 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 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2538 WHEREAS, Robert T. Jaffray and Victoria H. Jaffray (hereinafter "the applicants") are owners of the property located at 540 Barrett Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 16, 17, 18, 19, 20 and 21, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plaiming Commission held a public hearing on October 18, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of dormers on the second story of an existing residence, changing the roof line, located 25' from the front/street lot line instead of meeting the required 50' setback. Minnesota; 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2538. The property is located in the RR-IB, Lakeshore Residential Zoning District requiring 2 acres in area. The property with combined Lots 19, 20. and 21 and separately owned Lots 15, 16, 17 and 18 consists of .88 acres or 38.700 s.f. Page 1 of6 3. 5. 6. The Planning Commission reviewed this application on October 18,1999 and recommended approval on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. B. The existing structure is located 25* from the street line. Total lot area at 38,700 s.f. would allow 5,805 s.f. or 15% of lot coverage. The proposed application remains at 1,667.69 s.f. or 8.6% of lot coverage. The City Council finds that tlie conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of dormers on the second story of an existing residence, changing the roof line. Approval was subject to the following conditions: 1. 2. 3. 4. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 25, 2000). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on this 25th day of October, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property 0\vner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 25th day of October, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the \^ity. Notaiy Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared________________________________________ known to me to be the personfs) described in and who executed the foregoing instrument,and acknowledged that he (diey) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (^ey) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 6 TO;Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM; DATE; Wendy Bottenberg, Assistant Zoning Administrator/Planner October 12,1999 SUBJECT:#2538 Rob/Tori Jaffray 540 Barrett Avenue Variance -- Public Hearing Zoning District: RR-1B One Family Rural Residential District (2 Acre) Lot Area:38,700 s.f. (.88 acres) This application requires the following variances: Section 10.28, Subd. 5(B); Lot yard requirements: To permit a front yard variance to allow the new roofline to be 25' from the front yard where 50' is required. Application Summary: The applicant has proposed to change the roof line on the existing house. The roof line is changing to accommodate dormers. The dormers will allow for more headroom in the second story. The location of the house is such that a section of it lies within the front yard setback. In May 1992 this applicant was granted a front ya^H variance for a 2 1/2 stor>' addition. The front setback granted was 25’ from the street line. 1 he applicant seeks approval of a variance for front yard setback to be 25' where 50' is required. H2538 Robert Jaffray 540 Barrett Avenue Variance 1 0/12/99 page-1 i ANALYSIS Lot Area: RR-IB Lot Area Front Yard Setback Required 2 acres 50’ Existing 38,700 s.f or .88 acres 25' Proposed (No change)38,700 s.f. or .88 acres 25’ Structural Coverage : Total Lot Size Total Structural Coverage 38,700 s.f.Allowed: 5,805 s.f or 15% Existing: 1,667.69 s.f or 8.6% (No Change) Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration : 1. The roofline is changing but not the footprint of the house. 2. Other issues raised by Planning Commission. Staff Recommendation : Staff recommends approval of the variance for front yard setback. i*253S Robert Jaffray 540 Barrett Avenue 10/12/99 Variance page-2 Attachments: A Application B Site Plan/Survey C Elevation D Plat Map E Location Map F Property Owner's List G Permit Record *^2538 Robert Jqffray 540 Barrett Avenue Variance 10/12/99 page-3 CITY OF ORONO - VARIANCE APPLICATION Initial App’’.cation 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 Application # Date Receh'ed Amount Paid ^ Property Identification Number (P.I.D.) o>o*4t> /_/•» - Attach legal description to application if not included on required survey. ^ . *-Z-/ ___ ____ A A ADate Property Acquired_________________________ 1 (do) (do not) also own the adjacent parcels of land. Present use of property: ^>C. resident!^ ___mother (specify). Zoning District: (2 ^ - \ ______‘bcMX't M_______ .(month/year) APPLICANT Name ^vfe Address: R>A^^^-rr OWNER (if different than applicant) Name ____________________ Phone fhomelhtZ- A'l ^ ____ Phonefworkl City: <o Zip: ^ ^ tl. Phone (home). Phone (work)_ 1-) Address:City:.Zip:.t DESCRIPTION OF REQUEST Describe request in detail: . Estimated Construction Cost $ coo "Ol>Ca.Cr><->t^.K^Sg3e^ m (attach additional sheets if necessary) rj. ‘4 VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficult)' or unusual property conditions preventing compliance with Zoning Code requirements: AT-g _T)!c» ^ Ap> ->TTMy V~- ij * t H.y*i Ou~r^7 ■ r> c.-rvre. et.wv-ct'o V^r-Y-' (attach additional sheets if necessary) t-.;, Co*-«w-TVr> • Jt, c.j DTt>r--^«iyvTt J.O PEQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for your application to be considered complete; 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SYi” x 11” for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy SYi” x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SVi' x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant e.xpenses incurred in review of this application, and certifies that the the best of his/her knowledge.information supplied is true and cotrect to Applicant's Signature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of inves^ation and verification of this request. Owner's Signature Date Applicant must have all submittals into the Cit>' offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make aaangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 5 2 » r • - •itv> : I i I N V r»»*'tD \ r li- ' ", -• - —1 '“1 l“*Ft«3fJ «»ii >/V.<o ATPHOVCO tv cvAtr *il'?‘i OAMMtY W.W -SOu‘^»\ ^Ut.v/A'^^OM j/srra-^'i i^^KAa.e.T't* A^oe,«JOb •“ o^d»4Q X>0*lf^\.^ A.'DO»T•o^iV ISmmTmSSS^ mm •••*#«•«? //. f-'-.') i-'-'., " f' •fc K^) In ii.3 m PI «MNO An ■IM?« 100 [j^IOT «»< jS!VsS.!/ 0^ >?so5 • • • • • COUN ION WAT ON >* '.r iX'- WayzaU''■»//< r- X Country Club 3 • . I Biking nio ®f Bo LAKE 'tti0*1^ * « ^*'; ▼ - « « ®®Mn5o 1000 HILL - * «1 „ 5 -i 5/fb««ow ui tu ^UXA DcimoA 2 M •.. V. * • * Lake Xt;-, '' !jjr>6REEhtl^,/5; „o 85«!!»| » 1 gtooas sH. SS Q lOifiDS tnS • -• ^ ■'• ■ •, * • ^ *.• '. • , .• . •AAXt w ^ - ■ ;■. V ..'■’ Vi •f^llAMSET \ I ■ ^ % • • •* ' i-v* •; • P/i ^ . • *i-4* . - '•• -vr-**?’- RUN DA BATCH PROP A ONNER TAXPAY HAHE/ PROP A OHNER TAXPAY NANE/ PROP I ONNER TAXPA)! NANE/ PROP 4 ONNER TAXPA1 NAHE^ PROP i ONNER TAXPA1 NANE^ PROP i ONNER TAXPA’ NANE. RUN DATE 09/21/99 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI935A01 PACE 33 BATCH 511 PROP AMR OWNER NAME TAXPAYER NANE/ADDR LlO PROP AMR OWNER NAME TAXPAYER NANE/ADDR PROP AOOR. OWiaR NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP AMR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 02-117-23 31 0005 005A0 ORONO ORCHARD RO S SANDRA S LARSON SANDRA S LARSON 1590 5TH AVE N LONG LAKE NN 55356 SB 02-117-23 31 0006 00550 ORONO ORCHARD LAWRENCE E NELSON LAWRENCE E NELSON 550 ORONO ORCHARD RD S WAYZATA HN 55391 HD S 38 02-117-23 31 0007 00038 ADDRESS UNASSICNEO ROGER J HAWKINSON ROGER J HAWKINSON 570 ORONO ORCHARD RD WAYZATA NN 55391 38 02-117-23 31 0008 00038 ADDRESS UNASSICNEO ROGER J HAWKINSON ROGER J HAWKINSON 570 ORONO ORCHARD RO WAYZATA NN 55391 38 02-117-23 31 01380 FOX ST HERBERT D NEYER HERBERT 0 NEYER BOX 12 WAYZATA NN 55391 0009 38 02-117-23 31 0013 00500 HANLON AVE P A 8 N N BENNETT PAUL A 8 MEGAN N BENNETT 500 HANLON AVE WAYZATA NN 55391 SB 02-117-23 31 0019 00521 HANLON AVE C P CURLER 8 B CURLER CHARLES P CURLER 521 HANLON AVE WAYZATA NN 55391 38 02-117-23 31 0015 00537 HANLON AVE R V 8 N E KOEHNEN ROBERT 8 MICHEL KOEHNEN 537 HANLON AVE WAYZATA HN 55391 38 02-117-23 31 0016 00565 HANLON AVE HADASSAH YEHUDIT ZOHARA HADASSAH YEHUDIT ZOHARA 565 HANLON AVE WAYZATA NN 55391 10SB 02-117-23 31 0017 00838 ADDRESS UNASSICNED HADASSAH YEHUDIT ZOHARA HADASSAH YEHUDIT ZOHARA 565 HANLON AVE ORONO NN 55391 SB 02-117-23 31 0018 01300 SHORELINE OR R E HOWARD 8 B S HOWARD ROBERT 8 BARBARA HOWARD 1300 SHORELINE DR WAYZATA NN 55391 SB 02-117-23 31 8019 01398 FOX ST ALLAN N LITWIN ALLAN N LITWIN 1390 FOX ST WAYZATA NN 55391 CQ SB 02-117-23 31 0020 80038 ADDRESS UNASSICNEO H 0 NEYER ETAL N D NEYER BOX 12 WAYZATA NN 55391 38 02-117-23 31 0021 01300 FOX ST R T JAFFRAY 8 V H JAFFRAY R T 8 V H JAFFRAY 590 BARRETT AVE WAYZATA NN 55391 38 02-117-23 31 8022 00590 BARRETT AVE R T JAFFRAY 8 V H JAFFRAY R T 8 V N JAFFRAY 590 BARRETT AVE WAYZATA NN 55391 38 02-117-23 31 0023 00590 BARRETT AVE R T JAFFRAY 8 V N JAFFRAY R T 8 V H JAFFRAY 590 BARRETT AVE WAYZATA NN 55391 38 02-117-23 31 0026 00038 AOURESS UNASSICNEO PAUL 8 MEGAN BENNETT PAUL 8 MEGAN BENNETT 500 HANLON AVE ORONO NN 55391 38 02-117-23 31'0096 00590 BARRETT AVE R T JAFFRAY 8 V H JAFFRAY R T 8 V H JAFFRAY 59» nARRETT AVE WAYZATA NN 55391 4 RUN DATE A9/21/99 BATCH 511 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST PROP ADDR OWNER NAHE TAKPAYER NAHE/ADDR SS 02-117-23 31 0099 00500 ORONO ORCHARD RD S S S i J E WEBSTER STEVEN S i JO ELLEN WEBSTER 500 ORONO ORCHARD RD S WAYZATA HN 55391 O' REPORT NO. P1935901 PAGE 39 TOTAL BATCH 511 00019 GO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDGE AND BELIEF DATE • li'f • ! Permit No.Date Type of Permit ■737^_ . l?~--ZhAi A 4 a'?■8-ZI-'Rl 6d±i. .^ O ii>PA Hrr-t 1 1 r\ A .a. 6 -as'9<2,,'(^^71^ if(ll 4m.. .._ .. ,1 -«i6 - 9.0.c/-— ^ 4/i ■a he )!^ jT Application Date: 10/4/99 REQUEST FOR COUNCIL ACTION council meeting OCT 2 5 1999 CITV ohono ^ DATE: 10/19/99 ITEM NO.:5 Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2541 Paul Phillips 2140 Sixth Avenue North ________________Final Plat of Phillips Woodland Terrace Third Addition Zoning: RR-IB, One Family Rural Residential District Exhibits: A B C D Resolution Final "'lat of Phillips Woodland Terrace Third Addition Resolution No. 4202 Approving Preliminary Plat (November 23,1998) Staff Report (November 18, 1998) On November 23,1999 Council granted preliminary plat approval per Resolution No. 4202 on a vote of 5-0. The applicant has completed all requirements of the preliminary approval, except the drainage plan which must be approved by the City Engineer prior to filing the Final Plat, Access and Driveway Requirements A driveway is located within Outlot A to ser\e the existing residence on Lot 1 and the adjacent property to the west. The Council determined a road and cul-de-sac would not be required for the additional lot access to the private driveway. The driveway will not be upgraded until Lot 2 is developed. Mr. Phillips has indicated he does not wish to sell Lot 2 for development at this time. To avoid a back lot situation for Lot 1 the Council did require Outlot A to be platted 50' in width rather than the 30' width originally proposed. A maintenance agreement has been submitted for the private driveway. City of Medina Approval A small portion of the plat is located in the City of Medina. The Medina City Council did review and approve the Final Plat layout. All required signatures by the Mayor and City Clerk of Medina are complete. Council Action Requested To adopt or amend the enclosed resolution approving the Plat of Phillips Woodland Terrace Third Addition subject to the conditions noted in the resolution. A RESOLUTION APPROVING THE PLAT OF PHILLIPS WOODLAND TERRACE THIRD ADDITION FILE NO. 2541 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a two (2) lot residential development by Paul R. Phillips and Mary B. Phillips (hereinafter "the subdividers"); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, 2 Acre Single Family Rural Residential Zoning District finding that each lot is of a size and configuration that would allow its use for a single family residence to be fully developed; and WHEREAS, the subdivider has completed or has agreed to complete all requirements of the platting regulations of the City, including: 1.Completion of all the requirements of Resolution No. 4202, the resolution granting preliminary approval of the Class II subdivision. 2. Dedication on the plat of standard perimeter drainage and utility easements. 3.Declaration of Private Road Easement and Declaration of Covenants for Maintenance has been developed for ownership and maintenance of the private road to be located within Outlot A. The property owners of Lot 3, Block 1, Phillips Woodland Terrace; Lot 1, Block I, Phillips Woodland Terrace Third Addition; Lot 1, Block 1, Phillips Woodland Terrace Third Addition shall also be responsible for maintenance and construction of the private road based on the conditions set forth in the Declaration of Private Road Easement and Declaration of Covenants for Maintenance. Page 1 of 4 4.Subdivider has granted to the City an underlying Road and Utilities Easement for Outlot A. 5, 6. 7. Creation of covenants for all Lot 2, Block 1 for protection of drainfield sites, including protective language for alternate septic sites along with site plans locating both primary and alternative sites, and alerting future property owners of the need to protect sites un adjacent properties. Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of $400.00. Payment to tlie City for park dedication fees for the creation of one (1) new lot in the amount of $4,900. 8. All lots shall have access to the private road to be located within Outlot A. 9. Hennepin County has approved the access for one additional lot on County Road 6. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Phillips Woodland Terrace Third Addition, Hennepin County, Minnesota, subject to the following conditions; I. 2. 3. All identified primary and alternate sewage system drainfield sites within the subdivision shall be fenced off prior to any land alterations, and such fencing shall remain in place until such time the individual lot is developed and the City Septic- Inspector authorizes removal. The Cit> Engineer approves the grading and drainage plan prior to releasing the plat for filing with Hennepin County. Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attorney, and applicant shall meet any other title requirements and requirements of Preliminary Plat approval as may be required by the City Attorney. Page 2 of 4 4.Applicant shall provide ail documents noted in this resolution in a format acceptable to the City Attorney prior to release of the plat for filing, and shall complete all conditions to the satisfaction of City staff, prior to release of the plat for filing. 5.The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before April 18, 2000 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 18th day of October, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA COUNTY OF liENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me on this 18th day of October, 1999 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 3 of 4 r f PHILLIPS WOODLAND TERRA CE THIRD ADDITION KMOW ALL FCRSONt BY THESC PRCSCNTS: Thai Pmd R. Mipt. TimIW • Aff—Wov^fiibf i. IffT. f— •wwr of Rw loRow^wg p«# •HRiMMMta. to Wic: LM1. BlecA 1. MJJPt WOOCNJUIO TIRRACC BiCOlO AO^^ Mm e«iMd llto Mm# to b« §«w»y«d •«4 ptoltoB •• BHUJRt WOOOLARO Tf ^Mwto Mtf Mk«to to to# toiMc tor piMc uM tomr to# Mmm Md toMto### wRf##f ##*d to# P#al R. RMI»# RM#M>l#Tm#itoto #f#MNtotob##loAMltoyP#ulR.RMMp#.H#lni#to#.tol#al J«f#f.^ TMf PAUL R. PMiUJfS RfVOCABLE TRUST imd#f ABtotmaM 4^r#.,/ ^ ------- P#MlR.fMllM.Tnmto# • STATE OMRNMEIOTA COUNTY Of TN# to»#t#tog to#M PmA R. Ptollip#. Tni#l## •# to# P#Ml R- PNtop# Tm#L I «M# •ctow«l#Si#f S#«M# Noury P116MC. wr«/•ly-i I !i#r#by c#«llf|r to#l I hi## tommy## wto fl#0#i to# p THtoOADOmOW; tot toto pirn i##c#»t#ctmpi#iito ImudtMto# #1# f##t; tot #■ m#num#mi !>### to#fiir#### i#ii#f##w i##toii ## Mlbtotf to MS Ml 02. SyMhrtoton 1. or pwM# MflMtor# to S# ( totoOB# Ifitol### M#to S. Oi#«to#rp. Loa# S«A#yor ##< toptootomu «N#octow#ito#t##S#ii Mton###mJc#rto# STATE Of MtoNf SOTA) COUNTY Of HENNCPWI Th# t#r»i#liH to#i MMtyrr .m » ^Moms.Or#«to#im.too#Sto##p#r( N#tory PuOOc. CotoNy. Mtowii toy eaiMitoaton •>#### ORONaMMNESOTA TIM ptol #1 PttoJJRS toOOOLANO TERRACE TMtoO AOOmON irn# I Or###. MtooMOto. #1 a f#fiil#r m##li#B to#r##f H#M toto_________##r#f-. tin-T----------------------^................................................................... mmd f#c#l«## #y to# CRy. #r to# pr##crto## M #ay p#ito# A— ttopoU #<to#M ma# a# pr#vMa# Sy Mtowato Slaintoa. Sototo# USU, SmM. 2. CITY COUNOL Of THE CITY Of ORONa MtoMMOTA •y______________________________ ^Clato MEO#4A, IftNNCSOTA Thm plal #1 PftoXtoS toOOOLANO TERRACE TMtoO AOOmOMN## I Matona. Mmn###ta. al a r#«ul#r m##b#p toar##MiaW tola ------Mf#*^ Mas### #f to# Cdtotolaaiawar #1 Ti»#apaRaR## a##cAMMtoAla a## r#c#mm##i f«c#*«#4 #y to# Cify. #r toa pr##«fto#d M ##y p#rto# Na# alai a# pr#vW## #y Mto##a#to Statotoa. I##ltow MAU. SoM. t. CITY COUNCA Of THE CITY Of 4' •f By ,1^ /.^ /=• TAAf AUR SERVICES CtonSON. H##i . I h#m#y canify toal Uaat payabi# to 1M a## pri#r y#am Mm M## #to# A ____________#aa #1_______________. 1M___ _____ PATRICK K OCONNOR. HCNNEF#! COUNTY AUDITOR SUNVfV St Cl ON. N««Mta#«n C#«in«y. PwtoiaiillaMiNN 8TAT Sac )I3B SUnUff tolaplalM#l laa c CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^2 0 2, A RESOLUTIOxN GRANTING PRELIMINARY APPROVAL FOR A CLASS U SUBDIVISION AT THE PROPERTY LOCATED AT 2140 SIXTH AVENUE NORTH - FILE NO. 2430 WHEREAS, Paul R. Phillips and Mary B. Phillips (hereinafter the ''subdividers") on October 26, 1998, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as; Lot 1, Block 1, Phillips Woodland Terrace, Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono ’s Zoning and Platting Codes, the Orono Planning Commission held public hearings on November 16, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on November 23, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact; 1 2. The property is located within the RR-IB, One Family Rural Residential District, requiring 2 acres of contiguous dry buildable land within each lot. The property contams a total of 4.5 acres, including a low area on the proposed Lot 2 which impacts the suitable area for septic systems. 3. The proposed plat contains two lots as follows; A. Lot 1, located in both Orono and Medina, with an existing residence, proposed at 2.0 acres. Lot 2, proposed to be 2.0 acres. Page 1 of 5 B CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. __^2 0 2 Outlet A, to provide access to three zoning lots (the new lot, 2140 and 2160 Sixth Avenue North). 5. The property is not located in the Metropolitan Urban Service Area and shall be developed under rural standards. Septic testing has been approved by the City and confirms that each lot has suitable area for the development of a primary and alternate septic system. 6. Hennepin County has approved access to the new Lot 2 via an existing curb cut. 7. Lot 2 can be developed for residential use without the need to grant variances to the applicable zoning standards. NOW, THEREFORE, BE IT RESOLVED, that based upon either one or more of the findings, the City Council of the City of Orono hereby approves the preliminary pl>, y application of Paul R. Phillips and Mary B. Phillips for the propert>' located at 2140 Sixth Avenue North per the survey dated September 23, 1998, most revised October 26, 1998, by Mark S. Gronberg of Coffin and Gronberg, Inc., subject to the following conditions: 1.A grading and drainage erosion control plan for the entire site shall be submitted for review. Erosion control measures shall be in place prior to any grading. Additional erosion control measures will be needed during construction on Lot 2. The site drains westerly to an existing wetland identified as LL-P4. Phosphorous loadings leaving the site shall be limited to a ma.ximum of .28 lbs /acre/year The low area west of the septic location on Lot 2 may serve as a water quality pond to provide rate control and nutrient removal for stormwater. A drainage area map and ponding calculations shall be provided with the final plan set. Drainage and utility easements shall be 5 feet along all interior lot lines and 10 feet along the road right-of-ways. Drainage easements shall be provided along all wetland, drainage, and pond areas. Page 2 of 5 -'ll ) and shall t has more y Sixth )8, by nitted ading. m Lot e final nd 10 along CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 2 0 2 4. The applicant shall execute covenants to define responsibility for construction and maintenance of the driveway in Outlet A, and to define future financial obligation of the owners of 2140 and 2160 Sixth Avenue North at such time the driveway is upgraded to City standards to serve a third residence on Lot 2. 5. The applicant shall grant to the City an underlying road and utility easement over Outlet A. 6. Protection of drainfield sites via fencing shall be in place during construction of the driveway improvements to serve Lot 2 and drainage improvements. 7. No building permit will be issued for Lot 2 until the construction of driveway and drainage improvements is complete. 8. No curb cut/access for Lot 2 will be allowed on Sixth Avenue North except via Outlet A. The outlet is the only location that meets the recommended sight distance minimum to the east. 9. The Northwest Henr-pin League of Municipalities Integrated Park Trail System, dated T -i't 19 j, as prepared by SRF Consultants, designates Sixth Avenue North a- c; e' :>ting local bike trail. The Orono Parks Commission has identified Sixth Avenue North as an area where wide shoulder bike routes are preferred at a width of 6 to 8 feet. 10. Lot 1, Block 1, Phillips Woodland Terrace Second Addition was platted in 1986. A park dedication fee of S400 was paid at that time for the entire subdivision. The existing residence at 2140 Sixth Avenue North is included in the 1986 park dedication fee. 11. The Hennepin County Assessor has determined the fair market value of undeveloped Lot 2 to be S70,000. The park dedication fee per Section 11.62 of the Municipal Code and Resolution 4064 shall be S4,900. The following list of final submittals shall be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. Required submittals are as follows: Page 3 of 5 Co® MCIL )r construction future financial i such time the e on Lot 2. itility easement construction of jments. >n of driveway Drth except via mmended sight c Trail System, 5 Sixth Avenue ommission has bike routes are latted in 1986. ire subdivision, the 1986 park arket value of r Section 11.62 ator two weeks Mondays of the CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^2 0 2 1.Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, dated September 23, 1998, most revised October 26, 1998. B. Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. C. Naming of plat. D. Maintenance and ownership agreement for Outlot A. Legal documents required; A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The subdividers shall provide certified copies of all recorded easements currently affecting the property. C. The subdividers to dedicate to the City a road and utility easement granting permanent access, improvement, and utility easements over said Outlot A. D. The subdividers have created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein all abutting and/or benefitting owners agree to permanently maintain and pay the cost of maintenance for said foture Outlot A. Fees to be paid; Total due: $5.300* A. Final plat fee = S200 B. Legal review fees = $200 Page 4 of 5 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23.1998 1 to the t of the regular 1 day of » City of ilf of the / Maurer, continued) Kelley inquired i iln lli|i| ihu 11||^ does have procedures in place for inspecting the driveways. Weinberger stated yes, they do. Goetten moved, Kelley seconded, to approve Applicatio?^JWaj^515 Kelly Avenue, and adopt RESOLUTION NO. 4201, a Resolution Granting VariancTtti^^How an accessory structure to remain on the proeprty without a principal structure, aMofanances in hardcover In the 0-75* lakeshore setback and In the 250-500 ’ lakeshore setback. ^;^jQgE»iAyoo<fNa5fye:< (#11) #2430 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH - PRELIMINARY PLAT - RESOLUTION NO. 4202 Paul Phillips was present. Van Zomeren stated the Applicant is proposing to divide his 4.5 acre homestead parcel into two lots. Each lot would contain 2.0 acres served by a .5 acre outlet. The Planning Commission reviewed this application and had a concern whether a cul-de-sac was necessary, and determined that a cul-de-sac was not necessary based on the location of the existing residences and driveway. The majority felt that the proposed subdivision met the intent of the zoning and subdivision ordinance. The Fire Department and Police Department have received this plan and wanted to insure that the road had the proper width for emergency vehicles to get in and out. Van Zomeren stated that the Applicant has previously paid a park dedication fee of $400 for the one lot and will need to pay $4900.00 on the other lot. Mayor Jabbour stated in his view he does not think the cul-de-sac is warranted in this case. Van Zomeren remarked that the seplic sites have to be taken into consideration when platting the cul-de-sac and If a cul-de-sac is required, the lots would not meet the two acre minimum. Mayor Jabbour commented that the ordinance requiring cul-de-sacs might need to be reviewed since there is some confusion over when a cul-de-sac is required. Flint noted there is some ambiguity concerning the stormwater ponding and that the MCVVp has indicated via a telephone call that they will not require stormv/ater ponding for this subdivision. Flint inquired how the City will be regulating the drainage on this parcel. Mayor Jabbour stated it has been the philosophy and practice of the City Council to have each property owner be responsible for their water runoff, and the City is merely checking with the MCWD to verify that there are no other issues that need to be reviewed and drainage is subject to final review and approval by the City Engineer. Phillips stated he has no problem with drainage. Mayor Jabbour commented that the City is trying to insure that everyone understands the policy of the City as it pertains to drainage. Page 16 otwo sac was he \ intent for the riewed since /VDhas /ision. seach ) the MCWD to final e policy of ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23.1998 (#2430 Paul Phillips, continued) Van Zomeren stated that some template language could be added to the resolution reflecting the City Engineer's letter. Flint moved, Peterson seconded, to approve Application #2430, 2140 Sixth Avenue North, and adopt RESOLUTION NO. 4202, a Resolution Granting Preliminary Approval for a Class II Subdivision, subject to the inclusion of the template language in the resolution reflecting the City Engineer's views on the stormwater issues. VOTE; Ayes 5, Nays 0. (*irW) #2435 JEFF LITZAU - LUTZ CONSTRUCTION, 343? LIVINGSTON AVENUE - VA^NCES • RESOLUTION NO. 4203 Goetteiviiimved, Peterson seconded, to approve Application #2435, 3433 Livingston Avenue, and adopTBESOLUTION NO. 4203, a Resolution Granting a Variance to Lot Area and Lot Width. VOT^Ayes 5, Nays 0. (•#13) #2437 JEFF^ARTINEAU, 2565 NORTH SHORE DRIVE - VARIANCES - RESOLUTION NO. 4204 Goetten moved, Petersol^econded, to approve Application #2437, 2565 North Shore Drive, and adopt RESOLUTION ffe 4204, a Resolution Granting Variances to Average Lakeshore Setback and Hardcover In tMj|0-75’ lakeshore setback. VOTE: Ayes 5, Nays 0. (*#14) #2438 MICHAEL SLETTEN,^80 BAYSIDE ROAD - LOT LINE REARRANGEMENT - RESOLUTION NO. 4205 Goetten moved, Peterson seconded, to afmrove Application #2438, 4680 Bayside Road, and adopt RESOLUTION NO. 4205, a ResoHdjon Approving a Subdivision of a Lot Line Rearrangement of a Property Located at 268ulgayside Road. VOTE: Ayes 5, Nays 0. (Item #15 follows Item #18) (#18) JOE FIEDLER - REFUND APPROVAL - RESOLUTIO |J^O. 4208 Joe Fiedler was present. Barrett suggested that Paragraph #2 on page three be stricken from t1 ^raft Moorse indicated that that paragraph has already been stricken. Kelley moved, Jabbour seconded, to adopt RESOLUTION NO. 4208, a Partial Refund of Sewer Assessment for 373 Westlake Street. VOTE: Peterson and Goetten opposed. (#15) #2439 SERVICE 800, INC., 2190 WAYZATA BOULEVARD - COMMERCIAL SITI REVIEW - VARIANCES/CONDITIONAL USE PERMIT - RESOLUTION NO. 4206 lution Approving , Nays 2, Page 17 Ingthe North, a Class II lecting Date of Application: 10/26/98 Date Complete: 10/26/98 60 day limit: 12/26/98 REQUEST FOR COUNCIL ACTION DATE: November 18,1998 1 Avenue, Id Lot LUTION )ie Drive, keshore (lENT- Approving iys2, TKLAN ITEM NO.: Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description:nm Paul R. Phillips 2140 Sixth Avenue North Class II Preliminary Subdivision Zoning District: RR-IB 4.5 acres One Family Rural Residential District (2 acres) Application:The applicant is proposing to divide his 4.5 acre homestead parcel into two lots. Each lot would contain 2.0 acres served by a .5 acre outlot. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended on a 5-2 to approve the preliminary plat. The majority opinion felt that the proposed subdivision met the intent of the zoning and subdivision ordinance and that a cul-de-sac was not necessary based on the location of the existing residences and driveway. The minority opinion was concerned about the lack of a cul-de-sac and whether the rear lot should e considered a backlot which would require increased setbacks and a lot area of 3 acres for th' existing residence. Please note that the Planning Commission did not have the benefit of the Police Chiefs viewpoint which was received 11-18-98, after the Planning Commission meeting. COUNCIL ACTION REQUESTED: To adopt or amend the attached resolution. Attachments A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A CLASS O SUBDIVISION AT THE PROPERTY LOCATED AT 2140 SIXTH AVENUE NORTH - FILE NO. 2430 WHEREAS, Paul R. Phillips and Mary B. Phillips (hereinafter the ''subdividers") on October 26, 1998, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 1, Block I, Phillips Woodland Terrace, Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Platting Codes, the Orono Planning Commission held public hearings on November 16, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on November 23, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact; 1. 2. The property is located within the RR-IB, One Family Rural Residential Distnct, requiring 2 acres of contiguous dry buildable land within each lot. The property contains a total of 4 5 acres, including a low area on the proposed Lot 2 which impacts the suitable area for septic systems 3. The proposed plat contains two lots as follows: Lot 1, located in both Orono and Medina, with an existing residence, proposed at 2.0 acres Page I of4 5. 6. 7. Lot 2, proposed to be 2.0 acres. Outlot A, to provide access to three zoning lots (the new lot, 2140 and 2160 Sixth Avenue North). The property is not located in the Metropolitan Urban Service Area and shall be developed under rural standards. Septic testing has been approved by the City and confirms that each lot has suitable area for the development of a primary and alternate septic system. Hennepin County has approved access to the new Lot 2 via an existing curb cut. Lot 2 can be developed for residential use without the need to grant variances to the applicable zoning standards. NOW, THEREFORE, BE IT RESOLVED, that based upon either one or more of the findings, the City Council of the City of Orono hereby approves the preliminary plat application of Paul R. Phillips and Mary B Phillips for the property located at 2140 Sixth Avenue North per the survey dated September 23, 1998, most revised October 26, 1998, by Mark S. Gronberg of Coffin and Gronberg, Inc., subject to the following conditions: 1. No more than three residential units may be served by the proposed Outlot A. 2. Access to 2140 and 2160 Sixth Avenue North and the new lor (Lot 2) shall be via the e.xisting driveway. 3. Septic sites shall be staked and protected prior to construction. The following list of final submittals shall be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. Required submittals are as follows; 1.Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200' Drawing to include A.Lot lines platted per preliminary survey by Mark S Gronberg of Coffin and Gronberg, dated September 23, 1998, most revised October 26, 1998. Page 2 of 4 B Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and S' each side of internal property lines. C. Naming of plat. D. Maintenance and ownership agreement for Outlot A, 2. Legal documents required; A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The subdividers shall provide certified copies of all recorded easements currently affecting the property. C. The subdividers to dedicate to the City a road and utility easement granting permanent access, improvement, and utility easements over said Outlot A. D. The subdividers have created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants herein all abutting and/or benefitting owners agree to permanently maintain and pay the cost of maintenance for said future Outlot A 3. Fees to be paid; Total due; S5.100* B Final plat fee = $200 Legal review fees = $200 Park dedication fee = $4,700 * Upon approval of the preliminaiy plat, the subdivision shall be referred to the City Assessor to determine value in accordance with Section 11.62 of the Subdivision Ordinance. Page 3 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 23rd day of November, 1998. ATTEST; Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of November, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv Notary Public Page 4 of 4 TO: Chair Smith and Orono Planning Commissioners FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: R£: November 12,1998 #2430 Paul R. Phillips 2140 Sixth Avenue North (County Rd. 6) Preliminary Subdivision for a 2 lot subdivision-Public Hearing Zoning District: RRl-L One Family Rural Residential District (2 acres) Lot Size:4.5 acres Application: The applicant is proposing a subdivision of his homestead property. The existing parcel is 4.5 acres. The proposed division would create a new lot adjacent to Sixth Avenue North. Each lot would be 2.0 acres served by an outlot. Pertinent Ordinances: Section 10.28, Subd. 5, (B) RRl-B, One Family Rural Residential District Standards Section 11.10, Subdivision Procedures Legal Description: The current legal description is Lot 1, Block 1, Phillips Woodland Terrace. Lot Area: The proposed lot meets the minimum 2 acre lot size requirement for the RR-IB district, if Lot 1 is not considered a backlot. If Lot 1 which is proposed to contain the existing residence is defined as a backlot, it is then subject to greater setbacks and a minimum lot area of 3 acres rather than 2 acres. U2430 Paul Phillips r re I in: i nary Plat November 16, I99S page—I A "backlot" is defined as: A lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be a "back lot" when the corridor is platted as an outlot . A separated lot is considered to be a "flag lot" when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an "easement back lot". Originally in the sketch plan review, the existing residence was platted as a flag lot. The subdivider was advised to create an outlot to serve the exisiing landlocked lot at 2160 Sixth Avenue North, 2140 Sixth Avenue North and the new lot. A .5 acre outlot was designed which does not include a cul-de- sac. The subdivision ordinance requires that a private street that serves 3-6 units include a 50' right-of- way and a minimum pavement width of 24*. The proposed outlot is platted at 50'. The existing driveway is not paved at a 24' width. The Police Chief has advised that the roadway be developed to provide emergency access to include a turnaround. Sewer and Water The property is not currently served by city sewer or water. The proposed septic sites have been reviewed and approved by Steve Weckman. On-Sites Septic System. Manager. See his memo in Exhibit F. Drainage The City Engineer's letter in Exhibit C notes an e.xisting low area on the new lot. He suggests that an area exists for a water quality pond. The .Minnehaha Creek Watershed District has indicated via d telephone call that they will not require stor.nwater ponding for this subdivision. Flowage and conservation easements will be required across low-lying areas. Drainage and utility' easements are required along the internal and external lot lines. Access and Driveways The current driveway serves two properties. An easement exists for the property owiter at 2160 Sixth Avenue North to use the driveway that serves 2140 Sixth Avenue North. The subdivision 01 Jinance requires tliat a separate outlot be platted to serve three lots. The outlot as platted does not incl'ide a cul-de-sac. The City Engineer has recommended a cul-de-sac for emergency purposes. *t2430 Paul Phillips Preliminary Plat November 16. 1998 pa^e-2 H ii c«i iToviii uf*m}rt iivcti rtitpaiMivi ^liTi»TiTil i)rtririicw#i.Tir*i m¥mtmT2i rtiiVsTi^ ainii •nu’irti •IP.UWti rinnfsr«riTii Fu^rnTR rartlRTHil itirtitiiwrii J .7 tl^«t tJVt •iMirmnifi rtmifi Wiiim#T»IiWi] L*llHfl€#l L!i!ll:4^0flf«Jftifcl|7 [•ItJlilftl MfITfIViTil mm WliUL«JlW:Tirf»iP L*IM MMOTfVim ira WMiMWroiWiTOl RIfIfl nxiTi^ mm mm mm mm niiTiTfl r*iiiiMir» mm hr*[infTiTiTT^ LSPmTOTTmsttliTtTiil MiiifuiM •llTTiXrKTi h.nr«iur»KltllMiHfBiJ [•ItfMIlh rtiriMt] rtBAM* It of Finance A-603 application. Totals 35CJ- ion) Sc ~ leer, Cit>' Anomey, fees established by minission meetings nnitig Commission igent attend in your <is :;i.09 •'T:* ■A\-i ^Vcr 60.0?rnn HKLV) PhUlipj (2) •SvflUMtu C llao. (2) (9) AeW V«Utf pmim JiilKiiil ^ ti8o FOSTCB. 323. t iipliliiliiP 179? MSW^-4'07't 6-'7.S» 3<0. • I .. r7»r. r'40.01 6i: w 5 PitpeHiii r:r ^2 M87*34»y.'f S 4 HcfIXiftdn .^'vV ;f,x4 f - T-J. 7b - V- (vir lyn C'^A . \ > >> mm DATE •9/08/96 8ATCH 503 PROP ADDR OMNER NAHE TAKPAYER NAHE/ADDR 36 27-116-23 31 0002 02060 SIXTH AVE N TRINITY ENG EVAN LUTH CH TRINITY LUTHERAN CHURCH 2060 6TH AVE N LONG LAKE NN 55356 HENNEPIN COUNTY PROPERTY INFORHATION SVSTEH PROPERTY OWNERS LIST 36 27-116-23 31 0005 02135 SIXTH AVE N RICHARD C VALITON ET AL RICHARD A SALLY VALITON 2135 COUNTY ROAD 6^ LONG LAKE HN 55356 REPORT NO. PI935401 PAGE 5 36 27-116-23 31 0019 02195 SIXTH /VE N DANIEL 6 t RUTH 6 HCPHERSON DANIEL 6 i RUTH 6 HCPHERSON 2195 6TH AVE N LONG LAKE HN 55356 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 36 27-116-23 31 0017 02160 SIXTH AVE N PETER C WELLES PETER C WELLES 2160 SIXTH AVE N LONG LAKE HN 55356 38 27-116-23 31 0022 01090 COX PARH RD L 0 EVERSON 6 K A EVERSON LANCE 0 i KRISTI A EVERSON 1090 COX FARH RD LONG LAKE HN 55356 36 27-116-23 32 0006 01160 PHILLIPS DR T H FOSTER 0 E L FOSTER THIEL FOSTER 1160 PHILLIPS DR LONG LAKE HN 55356 38 27-118-23 32 0016 01115 COX FARH RD C D I J K GARDNER CHRISTOPHER I JOLYNN GARDNER 1115 COX FARH RD LONG LAKE HN 55356 60 27-116-23 29 0001 00060 ADDRESS UNASS16NED DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 WARNER RD ST PAUL HINN 55106 36 27-116-23 31 0019 02065 SIKVH AVE N J R HARESH I D J HARESH JOHN R I OlANE J HARESH 2065 CO RD 6 ORONO HN 55356 38 27-116-23 31 0023 02190 SIXTH AVE N PAUL T PHILLIPS TRUSTEE PAUL R I HARY 6 PHILLIPS JOX 55356LONG LAKE HH 36 27-118-23 32 0009 0/i200 PHILLIPS DR .. K I K L EVANSON JEFFREY I KRISTIN EVANSON 1200 PHILLIPS DR LONG LAKE HN 55356 36 27-116-23 32 0021 00036 ADDRESS UNASSIGNED FULLERTON PROPERTIES INC FULLERTON PROPERTIES INC 608 2ND AVE S HPLS HN 55902 60 27-116-23 29 0003 02160 SIXTH AVE N PETER C WELLES PETER C WELLES 2160 SIXTH AVE N LONG LAKE HN 55356 iV 36 27-116-23 31 0021 01120 COX FARH RD JAHES F I JOANNE H HILLIER JAHES HILLIER 170 BROWN RDN LONG LAKE HN 55356 36 27-116-23 31 0029 02100 SIXTH AVE N ORONO WOODLANDS INC ORONO WOODLANDS INC 2160 6TH AVE N LONG LAKE HN 55356 36 27-116-23 32 0010 00038 ADDRESS UNASSIGNED HARY 6 PHILLIPS HARY B PHILLIPS BOX 755 LONG LAKE HN 55356 60 27-116-23 23 0002 01200 PHILLIPS DR J K I K L EVANSON JEFFREY I KRISTIN EVANSON 1200 PHILLIPS DR LONG LAKE HN 55356 60 27-116-23 29 0005 01250 PHILLIPS DR HARY 6 PHILLIPS HARY 6 PHILLIPS L0N6LAKI {•■i t! t E HN 55356 > J tt .J >70 RUN DATE 09/08/98 HEmEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. P1A3590I PAGE 6 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 0006 DR 80 27-118-23 29 01280 PHILLIPS 8 6 I L N DIXBY BRADLEY 0 i LOUISE N DIXBY 1280 PHILLIPS DR LONG LAKE HN 55356 80 27-118-25 29 0009 00080 ADDRESS PENDING PAUL R PHILLIPS TRUSTEE PAUL R 8 MARY B PHILLIPS ^OX 755 TUNU LAKE- MN 55356 TOTAL BATCH 503 00020 .V ^ \ \ fiii (CVi rr V;'..i » • VAu I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATI $ PORT NO. PI^35< PAGE 6 503 00020 ^ J Bonestroo Rosene Anderlik & \\\\ Associates Engineers & Architects October 14, 1998 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Paul Phillips Subdivision File No. 139-2430 Bonestroo Rosene. Anderlik ond Associates Inc is tin AffirniMive Action Equt^l Opportunity Errp c.er Princip€tls Otto G. Bonestroo. PE • Joseph C AnJerlik. PE • Marvin L Sorvala. PE • Richard F Turner. PE • Glenn R Cook. PE • RoPert G Schunicht. PE. • Jerry A Bourdon. PE • Robert W Rosene. PE and Susan M Eberfm. C PA . Senior Consultants Assocuite Principtils Howard A Sanford. PE • Keith A Cordon. PE • Robert R Pfefferle. PE. • Richard W Foster. PE • Oavid O Loskota. PE • Robert C Russek. A.t A. • Mark A Hanson. PE • Michael T Rautmann. PE • Ted K Field, PE • Kenneth P Anderson. PE • Mark R Rolfs, PE. • Sidney P Williamson. PE. LS • Robert F Kotsmith • Agnes M Ring • Michael P Rau. PE • Allan Rick Schmidt. PE Offices St Paul Rochester. Willmar and St Cloud. MN • Milwaukee. Wl Website WWW bonestroo com c V '«•v^ IE E lECOROS rHE REST Dear Liz: We have reviewed the preliminary plat for the proposed two lot Phillips subdivision. The site is located north of County Road 6 between North Brown Road and Willow Drive in the southwest quarter of Section 27. We have the following comments in regards to engineering matters. 1. Access: An existing driveway along the west side of the property currently provides access to this site and to the property located north and west of the Phillips property. Access to the proposed Lot 2 would either be from the existing driveway or directly off of County Road 6. The private driveway should be reconstructed to a minimum paved width of 28 feet to meet current City standards for a private street serving 3 to 10 units if access to Lot 2 is from the shared driveway. The private street design should include a cul-de-sac to provide room for emergency vehicle turning movements. An Outlot with adequate right-of-way should be platted for the proposed private driveway. Hennepin County should review and comment on the proposed access. Plans and specifications for any street improvements should be provided for review. 2. Grading: A gradi.ng and erosion control plan for the entire site should be submitted for review. Erosion control measures should be in place prior to any grading. Additional erosion control will be needed during construction of the house and septic system. 3. Dram .e: The draft version of the City’s’ Comprehensive Storm Water Management Plan (SWMP) showb that the site drains westerly to an existing vetlr .d identified as LL-P4. Phosphorous loadings leaving the site should be limited to a maximum of 0.28 pounds/acre/year. A majority of the site currently drains to an exist.ng low area west of the septic locations on Lot 2. This depression may provide an ideal location for a water quality pond ♦hat could provide rate control and nutrient removal of siorm water leaving the site. Plans should be submitted to the .Minnehaha Creek Watershed District for iheir review. A drainage area map and ponding calculations should be provided witii tfie fmai plan 4. Easements: Drainage and utility easements should be provided 5 feet wide along all interior lot lines and 10 feet w ide along the roadway rignl-of -ways. Drainage easements should be provided across al! wetland, drainage way and pond areas. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax; 612-636 1311 [tJMMlWWil II] 1^1 rtJiHct ide rate d to the wnding crior lOt irovided I I I1L.L-II O VV W'w'J.y L_MIMU I mm^ • •< • W.tl / .* *:!7• I • * I *• i f«.«.$»«; I j I • *-I/J a &ac Jl^.:s. ‘^5 .SI,------------------* iiiF *«l l^mynrnt 8 I V)' ^ (N ft xO 4 /V !iP s I V ^ 4 /^ —gj^vtp ____jt.., yuyjs»S}S''^w I ! •n — ---1 I— fE-?;.; i — — JI wk Hiu«. n ■*- I - - 5------------ ; V.• 'v«. ^•. 3 ! W* 'i^^^r4i5 1 *1 -i_- :^-?^vr \ \ •----»---Tr*—• ■V" ‘ / \ • *jyvri, illM «I«M --------------------------1 - 2f \ /Ir # . ,. ZX n T AXs>\v 0 S.i»ltocrc^ // :// ' V i i 1 1 1 1•1 * 1 • • t -> e ft ,v l»* W«.tl 9S4 «| «•* il >//l .* t ct. o rfa, J <m»4 Im •/ • esA.« n,ft O— p*»M»l M«. ---------------------------4-4 ---------*>! I»___________________I ounoT ZLi. 1“<»* -----—------—_______________i»>4i <?» ..r: f TO:Liz Van Zomeren, City Planner/Zoning Administrator FROM:Stephen Weckman, On-Site Systems Manager DATE:October 16, 1998 SUBJECT: Septic Review for Application #2430, Paul Phillips - Sketch Plan Review The proposed two lot subdivision requires the use of on-site sewage treatment systems. The site evaluation/design for the existing residence at 2140 Sixth Ave. N. was complete in 1990 and is still valid. The existing mound system meets City and State standards and the f Jture drainfield site remains adequate for this lot. Site evaluation/design for the future lot has been submitted for a five bedroom residence. The sites meet the minimum City and State Standards, but a small amount of fill must be removed from the south end of the fijture site before a system is installed there. The fill ■"* most likely from the construction of Sixth Ave. N.. Based on the above information, stall* recommends approval of the application. The city requires the drainfield sites to be fenced off prior to any grading or land alteration. SEPTIC SYSTEM INIENTOR Y Address: 2140 Sixth Ave. N. PID: 27-118-23 31 0018 Building Type residence #BRs/GPD: 4 #Systems 1 Units Billed 1 Permit#: 3361 Date of Permit: 10/26/90 Installer: Quickway Exc. System Type mound Experimental: no Appliances lndry,dshw SYSTEM CONDITION Conformity: 1 Tank Condition: 5 DF condition: 11 Failure Pot: low SEPTIC TANKS Material: precast concrete Setback to Bldg: 15 Capacity: 1000,1000,1000 Cesspool: no DRAINFIELD Length of Lines 160 # Lines: 3 Trench Width: 10 Treatment Area: 85*36 Type of Filter rock,clean sand Soil Boring: yes Tile Size: 1.5 Under Tile 9 Perc Rate: 41 Setback DF-Bldg: DF Ht above Wt: 3.2 Soil Type: loam, clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: Pump Type: subm. Well-DF: Depth: 175 Report in File yes Diameter: 4 Method: drilled INSPECTION RECORD DATE 10/26/90 9/5/91 5/16/95 9/24/98 DESCRIPTION installation final inspection no surfacing compliant PUMPOUT RECORD COMPLIANCE DATE GALLONS 7/1/91 1000 1 3/12/94 1 1 2000 S-P TESTING, INC.Steven B. Schirmers & Debra M. Schirmers 951 Katydid Lane NE • St. Michael. MN 55376 • (612) 497-3566 FAX(612)-497-5011 State License #394 June 23.1998 Paul Phillips 2140 Co.Rd.6 South lot Orono, Henn. Co., MN This on-site sewage treatment system is designed for a Type 1. five bedroom home, in accordance with the Minnesota Pollution Control Agen^ Chapter 7080 arfo local ordinances. Approval will be needed from the city official for a 10‘ setback from the 50* driveway easement. ...LI The soils on this site are SCS soils mapped - HcC2 - Hayden clay loam bordered by Gc - Glencoe silty clay loam. The seasonally saturated soils were looted at 20" to 34" (mottled soil). Due to the seasonally saturated soils, a Pressurized Mound System will need to be installed to treat septic effluent. The bottom of the treatment area must be located at least 3' above the saturated soils. 01 The soils at a depth of 12" have a percolation rate averaging 4.6 mpi. A pumping chamber will need to be installed to lift the effluent to the treatment area. The power supply and switches must be located outside the manhole and pumping chamber in a weather proof enclosure. A warning device must be installed with a light and sound device, this is in case of a pump foilure. The manifold and supply line pipe must have back drainage to the pumping chamber. The distribution pipes shall have their ends capped. Be sure the rock and sand fill material are dean The sod layer below the entire mounded area must be turned over, just break up the sod. be sure not to over work. 1 Keep all heavy equipment off of the proposed treatment area before and after construction. The treatment area should be marked off before construction. This Design is not valid & the system will need to be relocated if failure to protect the areas proposed for On-Site Sewage Treatment occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Nothing other than human waste, toilet tissue, laundry, showers, water softener etc. should be disposed of into the septic tanks. Iron filters must be diverted out of the system. Garbage disposals are not recommended, due to adding more solids fine solids passing through to the system. Excessive amounts of soaps, cleaning agents & chlorine agents may kill the bacteria needed to treat septic efRuent. Additives are not recommended. Recommend to pump & dean your tanks through *he manhoie by a certified pumper every 2 yeart. Che^ with your pumper to set ur; a schedule. Steven B. Schirmers V • •! .<■ T » •iNi lOFO phlllifs ChurcK -n'JTcd'^ Pi'jiC r" •■ ■ • ^ pfOi*- ' / •• f • 1 ^P€MC PiSjC i' M P€V< . >-0^ L?,U6C I ^» • i i.« ^ ^ * NATIONAL WETLANDS INVENTORY UNITED STATES DEPARTMENT OF THE INTERIOR Gr I^CW lot ^OUt^Q Meeting OCT 2 5 REQUEST FOR COUNCIL ACTION City oe 1999 DATE: 10/20/99 ITEM NO.: 7 Department Approval: Name Paul Weinberger Title Zoning Administrator/PIanncr Administrator Reviewed:Agenda Section: Zoning Item Description: Dock Policy Relating to Inland Lots on Big Island Without Lake Access 220 Big Island _________________________________________ Summary of Request On April 12, 1999 the City Council granted a lot area variance foi the property located at 220 Big Island to permit David Lovelace to construct a seasonal dwelling on the property. As of the date of this memo the City of Orono has not received a building permit. The property is 4.3 acres in size and is land loc'.ed. The access to the lot is via any of the undeveloped public roads. A major issue for the nroperty owner is dock access. This property is one of several lots on the Island that potent! y will request dock rights. The Municipal Code allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock l*as been specifically autliorized as part of a permit issued by the Council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the Council shall consider the w idth and topograph} of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with City and Lake Minnetonka Conservation District dock regulations. Hie Council may establish reasonable standards or requirements in approving any such dock permit. Permits are not required for any person to walk on or over any platted public right-of-way or an\ platted public park when such use is made w ithout altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain said right-of-way or park in a neat and presentable manner. The Code states permits issued are valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittee at least thirty days prior to the anniversary date. Any formal requests for permits on Big Island require a public hearing with the Planning Commission or the Council. Notices are handled similar to notices for conditional use permits and require a 350' mailed notice to adjacent property owners. The notices shall eontuin the descripti<^>r. of the land and the proposed use. The following is a list of PIDs of all land locked tax parcels on Big Island: 130 Big Island 220 Big Island 230 Big Island 240 Big Island 250 Big Island 310 Big Island 480 Big Island 490 Big Island 500 Big Island 580 Big Island 590 Big Island Developed property 23- 23> 23- 23- 23- 23- 23' 23' 23' 23 23 23 23 23 23 117-23 22 0002* 117-23 23 0028 (Has been approved recently for a lot area variance) 117-23 23 0033♦ (Dock Permit issued in 1986) 117-23 23 0003 117-23 23 0004 117-23 32 0020 117-23 32 0046 117-23 32 0047 117-23 32 0048 117-23 32 0049 117-23 32 0062 117-23 32 0018 117-23 32 0019 117-23 31 0031* ■117-23 31 0020 (Has a dock through right-of-way) Not all the lots listed above are buildable lots. Only a few actually are developed with a dwelling on the prop<*ly. The issue is whether dock access can be provided for the additional lots on Big Island. Overnight camping and day use is permitted on all lots on Big Island. A total of 15 lots have been identified as separate parcels that can be sold by the property owners at any time. Many of the existing lots without lake access are commonly owned, several by property owners with direct lake access. Issues for Discussion 1. 2. Should the dock rights be for property owners without any other access? Many of the lots are commonly owned but have not been combined into a larger tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future 3.The permit approved by the City Council (Resolution No. 2038) permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be immediacy revoked. 4. The following are uses permitted on Big Island. (Section 10.31, Subdivision 2) A. Seasonal Dwellings. One family detached dwellings used for seasonal recreational use not to exceed 180 days in any one year, and not to be the owner's "principal residence" for homestead tax credit purposes. B. One family, sea.sonal recreational use of land without structures, or w ith accessoiy structures only, such as tent camping or day-use only. Accessory' structures permitted on land without a principal structure shall be limited to one or more of the following: a) Docks conforming to City and LMCD Code requirements b) One storage building not to exceed 120 square feet in area c) Firerings or barbeque pits d) Open deck or screen house not to exceed 300 Council Action Requested Discuss and prc nde direction to staff creating a policy for dock rights for inland property owners, Exhibits A B C D E Big Island Address/Ownership Map Enlarged East Area Map Enlarged West Area Map Resolution No. 2038 City Council Minutes (August 25,1986) Approving Resolution No. 2038 620 -WEBSTER HILL 610 - KENNETH K PLUNKET 600 -GEORGE ADAMS 570 - SELDON ROBB 560 - IX)N IlKNDl-RSON SSO-KF. PAUS JR. 540 - ROBIN A KILBANE 530 - BIO ISIj\ND, INC 730 - V. WILLIAM MELIN % % 2 520-BIG ISLAND. INC. % % \ * • \ 750 - jean a . DEGGENDORF Ut 3f xy i' .V / s|§§ • • • E O• o f . 3f>j s r> <5 Si * S ;5r ■< ^ k -f 1' a ^ 5 5 1^ p 9 I^ ^ r, <y> 0 1 X M V, M 2 n 0a 3 1 s E9HB^ GOV •A\ wn UJa: • •. c::t :• csc».c RECREATION POINT CHAEL WEINER ERYL RAMSTAD HVASS BERT BRUDER WILLIAM BRYSON FTY F. PRINCE »IES A. R JOHNSON CSTON KNUDSON •TREY PERSON ECHO BAY City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2038 A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BAY PLACE, BIG ISLAND WHEREAS, the City of Orono has received a request for a private dock on platted unimproved right-of-way known as Bay Place on Big Island to serve as access to inland property; and WHEREAS, as per Section 10.31, Subdivision 3 of the Orono City Code allows for the installation of a private dock on unimproved platted right-of-way on Big Island to serve as access for inland properties. NOW. THEREFORE, BE IT RESOLVED that a private dock is permitted on platted uni.nproved right-of-way known as Bay Place on Big Island to serve inland property to Lots 19 & 20, P. D. No. 23-117-23 23 0033, with the following conditions: 1. 2. 3. 4. The installation of the dock length not to exceed 100 feet Setback from extended lot lines: 0-50 feet in length 10' 51-100 feet in length 15' Dock sections not to exceed 6' in width One boat per dock for residential use only (LMCD regulations) The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless for ever from any and all claims resulting from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked. This permit may be revoked by the City at any time for any reason in the future upon review and revocation by the Orono Council. The property owners agree to remove all structures within 30 days of permit revocation or termination and if no removal, agree to an assessment of the cost against Lots 19 and 20 of Big Island. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. Adopted by the City Council of the City of Orono on the 25th day of August, 1986. V ^b^xithy M.^all'iif, City Clerk M. Tim Adams, Acting Mayor MI^TES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 11061 COOK lONTINUED Larry Cook was present and submitted the letter of approval from the Butterfield's. Acting Mayor Adams stated that he was comfortable with the Planning Commission recommendation subject to •plicant being put on notice that he is only allowed a m^Mcimum of three horses on the property. Coun^lmember Frahm asked applicant if he proposed a ridin^ring. He also noted that a conditional use permit required for any training done. Mr, Cook &^ted that he planned to have a riding ring which wou^n^ be located approximately 50* from the property lini CounciImember Rrahm questioned whether the original proposal of 10' rtom the semi-commercial use property would be more app^priate in order to maintain more distance from the strictly residential area. Mr. Cook noted that the^e is also a natural screening of mature trees between hil^property and the Butterfield property. It was moved by Counci ImembeiVGrabek, seconded by Acting Mayor Adams* to adopt ResolS^ion #2037 approving a variance to construct a barn 5ol from the property line (per Planning Commission’s recommendation) subject to a 3 horse limit. Motion* Ayes 4* Na\s 0. MAYOR'S REPORT: There was no report from the Mayor. CABLE TV REPORT: Acting Mayor Adams stated the at the ]\^t Cable TV meeting the budget was approved noting th^^hilosophy in which Cable TV budgets their monies. He l^so noted that approximately 1/3 of the households in arono are being hooked up to Cable TV. CITY ADMINISTRATOR'S REPORT: DOCK PERMIT ON PLATTED RIGHT-OP-HAT - BIG ISLAND RESOLUTION #2038 City Administrator Bernhardson explained the request for a dock permit on a parcel of land (an interior lot) that has had a dock on the City right-of-way for the past many years which is currently undergoing a change of ownership. Since the City does require a permit to allow them to have a dock on City right-of-way* staff MINUTES OP TBE REGULAR OROMO COUNCIL MEETING HELD AUGUST 25, 1986 #DOCK PERMIT CONTINUED recommends that this be permitted subject to the owner being liable to any use related, that the dock be maintained appropriately, and effective until such time as there are other requests from other inland properties requesting a dock at the same location. It was moved by Acting Mayor Adams, seconded by CounciImember Grabek, to adopt Resolution #2038 approving a dock permit on a platted unimproved right- of-way known as Bay Place on Big island to serve Lots 19 and 20, P.I.D No. 23-117-23 23 0033, until such time as there are other requests from other inland properties requesting the installation of a dock at this location. Motion, Ayes 4, Nays 0. BIG ISLAND BOARD OP GOVERNORS City Administrator Bernhardson explained that the Island Board of Governors made a letter request in e^ly August to be put on the agenda, in which staff resp<^ded by letter requesting that they contact staff aKead of time to no avail. Present for this matter were: Donald A. Miller, Stuart H. Gorney, Alan Wiedorf, Joe Backus, and Biance Bartlett. Don Miller explained that the Chairm^ of the Board of Trustees, Leonard Carlton, ha^/^een out of town therefore was unable to respoius to staff's letter. As former Chairman of the Board/^d friend, Mr. Miller was asked to speak on behalf o£/Chairman Carlton and the Board of Governors. Mr. Miller reviewed the>^ocess that was undertaken in order for the vets to/retain possession of the Vets camp. He explained yie areas of concern while trying to rebuild the camp Eating that most of these problems existed for years prior to possession of the property, le^/r than a year ago, by the Board of Governors . 1) City/fTas issued 3 citations for the storage of fish houses on the island, noting that the fish hous/Sa have been stored on the island previous years ar\0 this is the first year the Board of Governors s had any control. He stated that the issue is now tied up in the court system between the city and the owner of fish houses and the Board of Governors is caught in the middle of the issue. 8 r REQUEST FOR COUNCIL ACTION COUNCIL MEETING OCT 2 5 1999 cn V OF oflo/vo DATE: October 20, 1999 ITEM NO: / Q Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: Cit>' Administrator's Rqjort Item Description: 200 Hollander Road - Property Owner Concerns Mr. John Hollander of 200 Hollander Road has requested an opportunity to address the City Council regarding his concerns regarding perceived harassment by the City in relation to the enforcement of the City's ordinances related to the maintenance of his property. Mr. Hollander believes he is being harassed by the complaints of his neighbors to the City, and by the City in response to the complaints of the neighbors. The City Building and Zoning staff have experienced ongoing problems regarding general maintenance of the property at 200 Hollander Road. The attached memo from Lyle Oman, the City's Building Official, outlines the types of violations the City has been addressing with Mr. Hollander. Mr. Hollander's response to the City's enforcement efforts has been slow, which has required ongoing contacts with Mr. Hollander by City staff. COUNCIL ACTION REQUESTED: No action required. TO:City Council FROM: Lyle Oman, Building Official DATE:October 8,1999 SUBJECT: John Hollander, 200 Hollander Road - Property Maintenance Complaints I have been dealing with Mr. Hollander on property maintenance complaints that go back 10 years on his property. Typical issues are junk cars, tall grass, junk and debris. For example this spring when the snow melted, Mr. Hollander had a pile of empty cat food cans 4' in diameter and 3' high at his back door along with 2 unlicensed inoperable vehicles, tall grass, junk and debris laying around the yard and illegal signage. In dealing with Mr. Hollander over the years, I have found I get the best result by attempting to work with him by extending deadlines and coaxing him along. I have found if I push too hard, Mr. Hollander will not do anything to clean up his property which leaves me with only legal action to achieve compliance. Over the years dealing with property complaints, I have not had much success with the court system. It seems the judges have more important cases to deal with than property complaints. I started this year on May 8, 1999 with Mr. Hollander. Mr. Hollander always has hardships that prevents him from cleaning his yard. Some of the reasons this year are: The lawn mower is in the shop On medication that prevents him from being out in the sunlight Has to provide medication and care to sick cats that prevent him from being outside Lack of funds Cats living under the junk cars so they can't be moved Not able to hire help Due to the lack of progress and increased pressure from the neighborhood I wiote Mr. Hollander a letter on September 27 stating the City would tow the vehicles from the property, remove signage and use whatever legal action available to require him to bring his property into compliance. Mr. Hollander apparently feels the City is harassing him with the enforcement of the zoning code. Council meeting OCI 2 5 1999 REQUEST FOR COUNCIL ACTION CITyOFOflONO DATE: October 21, 1999 ITEM NO : // Department Approval: Name RonMoorse THIe Citv Administrator Administrator Reviewed:Agenda Section: Cit>’ Administrator’s Rqxjrt Item Description: Purchase of Land Management Software (Govern and ArcView) As part of the agenda for the October 11, 1999 Council meeting, staff requested preliminary authorization for the purchase and installation of Govern and ArcView Land Management software, subject to receiving a final proposal from GeoAnalytics, the software vendor. The memo from the October 11 meeting is attached. The Council granted this preliminary authorization. Staff has now moved ahead to focus and clarify the implementation process, and the related costs. The costs in the vendor proposal are as follows: Land Management application software (5 seats) ESRI ArcView Software (2 seats) Property Control/Permits and Inspections Implementation Needs Assessment & Requirements Analysis System Design Data Conversion, Installation, and Training Planning and Land Management Implementation Needs Assessment & Requirements Analysis System Design Data Conversion, Installation, and Training GIS Integration Needs Assessment & Requirements Analysis Data Conversion, GIS Installation & Training Project Management Expenses (travel, lodging and administrative expenses) $15,600 $ 1,990 $11,900 $3,400 $2,500 $6,000 $10,400 $4,300 $2,500 $3,600 $ 5,600 $2,200 $3,400 $ 2,790 $ 2.800 $51,080 The total one-time costs estimated in the memo for the October 11 meeting were S42,570. The total one-time costs in the final proposal are $51,080. The increased costs are related to the following: An in-depth analysis of the steps and projected timelines of implementation identified additional time required for on-site visits and implementation GIS integration was expanded. Two significant expenditure items. Project Management and Expenses, were not included in the preliminary cost estimate i Request for Council Action continued Page 2 October 22, 1999 Purchase of Land Management Software (Govern and Arc View) The increased costs have not changed staffs recommendation regarding the purchase of the software. The software is still the best we have found to meet our needs. Although the one-time costs have increased, they are within the range staff initially anticipated. COUNCIL ACTION REQUESTED: Motion to approve the proposal of GeoAnalytics for the purchase and implementation of Land Management Software (Govern and Arc View) at a cost of $51,080, to be funded from the Improvement and Equipment Outlay Fund, and to approve a budget adjustment to reflect the expenditure. I • REQUEST FOR COUNCIL ACTION DATE: October 7. 1999 ITEM NO:n Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Purchase of Land Management Software (Govern) The City currently uses a permits and inspections management software application through the LOGIS consortium to track building permits and inspections, as well as information related to these activities such as contractor information. The system generates periodic reports of permit types, permit revenues and zoning applications. The system is called the Permit and Inspection Management System (PIMS). Because the PDvlS system is not Y2k compatible, the City has been reviewing options for upgrading to a new system. The key criteria used in this review process are as follows: 1. Includes an integrated property database capability. 2. Includes an integrated link to Geographic Information System (GIS) software. 3. Is cost effective. 4. Is user-friendly. 5. Is a proven system but is close to the cutting edge of technology. 6. Is flexible and customizable. 7. Enables staff to work more efficiently and effectively. 8. Is being used by local cities. 9. The vendor is able to provide good technical support. After in-depth review of four systems, staff has identified one system that best meets the selection criteria. This system is called "Govern". The system includes an integrated property database capability that will enable the City to automate property-related data, such as historical land use actions, which currently must be stored and accessed manually. Both the permits and inspections tracking module and the property database are compatible with Geographic Information System software that allows all data in the modules to be displayed in a map format. The Govern system would also enable the Planning staff and the Septic Inspector to manage their property-related records. The software is easy to use, flexible, and customizable. The software is flexible enough that it can be configured to follow the City's current work processes, or it can be configured to support improvements to the current work processes Please see the attached memo listing staff comments regarding the Govern software. Request for Council Action continued Page 2 October 7,1999 Purchase of Land Management Software (Govern) The Govern software is currently being used by the Cities of Plymouth and Hopkins, who both gave it positive recommendations. Orono will be able to take advantage of the experience of both of these cities in implementing and using the system most effectively. The Govern software was developed by a firm in Montreal, Canada. This firm has installed the Govern software in Plymouth and Hopkins. The firm has entered into an agreement with GeoAnalytics, a firm out of Madison, Wisconsin, through which GeoAnalytics will resell and support the Govern software. Orono would purchase the software from GeoAnalytics. The City would then have access to both GeoAnalytics and Govern for technical support. GeoAnalytics has implemented the Govern software in several cities in Illinois. Geographic Information Systems (GIS) The proposal for the land management software purchase includes the purchase of two ESRI Arc View GIS software licenses. GIS is the ability to link data to a spatial reference point, then to display the data in a map format. A basic example is a map showing all parcels with their PID numbers and addresses. A more involved example is a map showing all properties within ”x" feet of a sewer line or a map showing the location of all non-conforming septic systems. The City is moving cautiously into GIS. However, our two new Zoning staff and our new Septic Inspector all have used GIS in their former positions. All have ideas about how GIS linked to a powerful land management records system such as Govern, can help them to perform their jobs more effectively. Estimated Costs Although the cost of the Govern software is straightforward, costs related to implementing the system in Orono, particularly data conversion costs, are difficult to determine without a detailed review of the City's current data files and work processes. GeoAnalytics has provided a preliminary estimate of costs but were not able to provide final cost numbers in time for the October 11 Council meeting. Final cost numbers will be available for the October 25 meeting. However, to enable planning to move forward for the installation and implementation of the Govern system, staff is requesting Council provide a preliminary authorization regarding the purchase of the Govern software at the October 11 meeting. Request for Council Action continued Page 3 October 7, 1999 Purchase of Land Management Software (Govern) The estimated costs related to the new system are as follows: Land Management Application Software and Installation (S seats) EStTI ArcView 3.2 Software and Installation (2 licenses) Land Management Application Implementation (includes work flow analysis, installation, quality assurance, training, data conversion for the permit tracking system, and for building the property database) (approximate cost) Total Approximate One-Time Costs Annual Govern Maintenance Fee (18% of software cost) $15,600.00 S 1,970.00 $25,000.00 $42,570.00 $ 2,808.00 As a comparison, the City currently pays an annual fee for the PIMS system through LOGIS of $12,000 per year. Based on this cost, the City would recover the softv^ are purchase costs in less than two years. The software and implementation costs would be recovered in just over 4 years. Hardware Costs The cost information does not include hardware costs because the City is upgradirig its network server and its P.C.'s independent of the Govern software purchase, as part of its on-going equipment replacement plan. Funding It is staffs recommendation that the software purchase and implementation costs be funded from the Improvement and Equipment Outlay Fund, to be repaid from the General Fund, and that the software costs be repaid over a 3 year period and the implementation costs be repaid over a 4 year period. The year 2000 budget includes $12,000 for the first year repayment costs. COUNCIL ACTION REQUESTED; Motion to grant preliminary authorization for the purchase of the Govern and ArcView software, subject to receiving the formal proposal from GeoAnalytics. TO:Ron Moorse, City Administrator FROM: DATE: Carole Haseman, Deputy Clerk October?, 1999 SUBJECT: Govern Software System - Land Management The following are comments received from various staff people within the Building & Zoning Department regarding the Govern software program: Mike Gaffron, Sr. Planning Coordinator Lyle Oman, Building Official Benefits of Govern Comprehensive property records management • Ability to store all information about a property in one location, ease of retrieval Eliminates changing many records, can do all at once Search and analysis capability GIS capability lets us link property data to mapping Provides better information to public with less staff time spent researching • Image and data storage - Permit system that will reduce errors as well as make permit scheduling, record keeping, and reports more efficient - Ability to easily customize to our needs - Automatic tickler system. What 1 like about Govern To be able to access all property information from my personal computer to be able to answer questions about a property without gathering information from various locations To be able to schedule inspections from any personal computer and to view inspection locations on a GIS map and to import or export to a laptop To be able to retrieve information and import and export information to other formats for record keeping and reports - The ease of customizing fields to suit our needs - To be able to flag properties if fees are due or if some other problem exists - To be able to tie into the Internet to provide information to the public and to receive information and applications. Paul Weinberger, Zoning Admimstrator Having the Govern database v.ill allow departments to easily gain property information in the office and in the field. Presently we are using files that are only available in the office and only available to one user at a time. Govern Software Memo October 7, 1999 Page 2 Chria Pence, Septic Inspector Greg Gappa, Public Services Director Govern will provide a tracking system that can be managed by the City for building permits, zoning applications and code enforcement. Our current system (LOGIS) does not allow the City to manage the database or use any records within another software program. Govern will allow the City to format reports and inspection records. Govern provides property information such as, open and closed violations, building permits, site plans, zoning requests and resolutions at each workstation. It also will provide accurate and complete information. Searches can be made by street address, property identification numbers, permit numbers, etc. Govern is linked to a database that can be linked to GIS software. Arc View and Arcinfo. The property information can be easily used in GIS without data duplication or conversion. Govern has a number of features that will combine the Finance Department with other departments for cash collection and tracking fees to be forwarded to developers. Check list for subdivision applications; ability to print a status report to be forwarded to developer; would allow any staff person to view the status of an application. Govern provides simplification and better organization of records Information is assessable to staff and in the future the public would have access to view records Future Internet access available for on-line permit application Organization of files and ability to track compliant and non- compliant systems Complaint tracking Ability to show on-site locations for lawn sprinklers, septic systems (both primary and alternate) Digital camera capabilities would show construction in process (original site, on-going work, final product, picture of tanks, etc.) Reporting system could be created so septic owners would better understand what they have on their property and how it works. Govern offers a land record system Easy to customize GIS data base could be an asset for other departments such as Public Works to track street and sewer improvements and lift station data. I___ Govern Software Memo October 7,1999 Page 3 Carole Haseman, Deputy Clerk Uncollected costs for water and sewer projects could be better tracked for parcels rather than relying on someone's memory Good monthly reports generated for record keeping of SAC fees and surcharge Integration with other departments Good scheduling program Ability to attach pertinent document information to specific properties (developer ’s agreements, resolutions, easements, etc.) Beginning of going paperless. A Proposal for Product Sales and Professional Services Submitted by G eoA nalytics , Inc . To The City of Orono, Minnesota For Land Management Software and Support Services Proposal Date: October 20,1999 V*GeoAnalytics, Inc. Intes'ofing Information Geogrophicaiiy GeoAnalytics, Inc. 1716 Fordem Ave Madison, WI53704 Phone: 608-241-7100 Facsimile: 608-241-7116 URL: www.geoanalytics.com E-Mail: office@geoanalytics.com Table of Contents A. INTRODUCTION ........................................................................................................................3 1. Firm Profile ..............................................................................................................................3 B. PROJECT UNDERSTANDING ....................................................................................................3 C PROJECT GOALS .........................................................................................................................4 Goal 1: Improve the Land D evelopment Process ......................................................................4 A Proposal for Professional Services Submitted bv GeoA nalytics , Inc . To The City of Orono, Minnesota for Land Management Software and Support Proposal Date: October 20,1999 A. Introduction This proposal is respectfully submitted by GeoAnalytics, Inc., Madison, Wisconsin (hereinafter "GeoAnalytics") to the City of Orono, Minnesota (hereinafter "Cit>"). If accepted by City, a final Professional Services Agreement and Scope of Work will be negotiated and e.xecuted by GeoAnalytics and City. Additional services, if any, will be undertaken by separate agreement. It is understood that this project will require City involvement to be surressful. As a result. City is committed to devote sufficient resources and sttiff time to ensure timely and fruitful completion of the project. 1. Firm Profilel GeoAnalytics, Inc., is an information technology company providing both consulting services and software development and sales. The firm specializes in geographic and land information system (GIS/LIS) technology and its integration with land management software. Consulting services address the full range of public and private sector GIS/LIS implementation from Needs Assessments and Requirements Analysis, Strategic Planning, and Legal and Policy Analysis, to Technology Database, and Workflow Design, System Integration, and Internet Data publishing. Software sales and support focus on internal product and applications development as well as quality G!S solutions offered by Environmental Systems Research Institute (ESRI) and land management solutions offered by Govern Software. Software support specifically focuses on client implementation services, user and administrative training, application customization and custom report creation. GeoAnalytics also provides project specific GIS/LIS related services including map production, environmental modeling, and business geographies analysis. B. Project U nderstanding ____________________________ Cit)' desires to more efficiently and effectively manage its land development process. 1 o meet this primary objective, GeoAnalytics recommends implementing Govern Software, a land management information technology solution. Implementing Govern Software within the CiU' will provide a GeoAnalytics' Mission Statement. The mssion of Gt’aArjj.'yfiLS is to proz'tJe tevis and counsel to ctuHe its c.‘ fits to plan, adopt, use and reap the benefits of information technology, parti.ailarly geographic and land information system technologies. GeoAnalytics senvs its clients by proi ’iding sujvncr ipiality products and consulting sercices that foais on the needs, priorities and resources of those clients City of Orono more comprehensive method for tracking permits, inspections and licenses, and provide all necessary staff with easy access to all information pertinent to the application, approval, enforcement and maintenance processes. The City has expressed interest in other Govern Software capabilities regarding tracking complaints, offenses, hearings and development approvals. However, these aspects of Govern Software are not viewed as mission critical and have therefore been pushed to the second phase of the project. Finally, the City has also expressed interest in the implementation of a basic geographic information system (GIS) as an extension to the land management information tool. Implementing a simple GIS solution will allow the City to leverage currently available data, visualize permi^ inspection and license data housed in Govern Software within a context of parcel data as well as use simple GIS techruques to assist in strategic planiung and forecasting of development trends within the City. To meet this objective, GeoAnalytics suggests that the City consider the installation of Environmental Systems Research Institute's (ESRI) ArcView software. The utilization of this GIS technology in relation to Govern Software will be discussed within the third phase of the project. A key issue of this implementation is the City's desire to have a new permitting and inspection solution up and running by January 1,2000. Because of this deadline and the peripheral interests in advanced Govern Software capabilities and GIS cormection, GeoAnalytics recommends a phased approach to Govern Software implementation. A phased approach will allow the City to issue permits and inspections against their existing address data within the proposed Govern Software by the January 1*' deadline, as well as have a road map for the implementation of additional Govern Software/GIS capabilities in the coming months. Throughout the phased project, GeoAnalytics proposes to provide technical assistance in five areas: 1) assist the City in identifying its current work flow processes and business; 2) identify all pertinent permits, inspections, licenses, complaints, offenses and hearings; 3) assist the City in structuring available parcel data so that it may be used in conjunction with Govern Software for visualization and strategic planiung purposes; 4) install Govern Software on the City's server and 5 client machines and desktop GIS software on two client machines; A project team approach will be utilized throughout the project. This project team will be made up of selected City and GeoAnalytics staff. A team approach will assure the maximum input from City staff into the implementation process, reinforce the enterprise-wide nature of the Govern Software installation and ensure that proper consensus is reached between all affected parties. C. P roject Goals ________________________________________ Goal 1: Improve the Land Development Process GeoAnalytics seeks to assist the City in implementing Govern software to manage their permitting, inspection, licensure and complaint tracking obligations. As Govern Software is implemented in phases, different aspects of the development process can be automated, streamlined and integrated into the overall process. Page 4 Proposal for Product Sales and Professional Services Goal 2: Implement GIS Technology The City has expressed a need to implement GIS technology in conjunction with Govern Software and has already made significant steps towards the implementation of a City GIS in its existing contract with the local consulting firm of Bonestroo, Rosene, Anderlik and Associates, to build GIS basemap and planimetric data. An investment in GIS technology is a natural extension to the land management system, and represents a further step in the modernization of the City's ability to provide better and more coordinated information to decision-makers. D. Proposed Scope of Work and Estimated Timeline_____________ GeoAnalytics uses a project management system to monitor, control, track and manage its projects. This system involves procedures, data, technology, and management to ensure the successful and timely completion of firm projects. This system enables firm management and clients to have access to a wide range of information, including financial status, resource tracking and allocation, and project status. One critical feature of this system is the need for a consistent set of descriptions for various project dimensions. This scope of work adopts these descriptions and for the purposes of this proposal, a "Phase" is the highest level component of a project. A Phase is a collective set of related tasks that, typically, result in a set of deliverables. It does not necessarily connote a time dimension, although Phases often occur in sequence. Phases may overlap and some Phases, such as project management, may occur throughout the entire duration of a project. A "Task" is the next highest sub-component of a Phase. A Task may be a single activity or a collection of activities that result in a specific deliverable. "Subtasks" are the next level of activities. Subtasks may be a step or a series of steps. The following is a description of all proposed professional services to accompany the implementation of the Govern Software Land Management solution within the City. E. Project Phase O verview _________________________________ As expressed by the City, the deployment of Govern’s Land Management Software will be a phased deployment covering a period of eight months. The deployment includes the installation and implementation of the property control and land management modules, as well as the implementation of a simple GIS software package that will integrate with Govern Software to allow for data visualization in map form. This implementation approach is beneficial in providing sufficient time for GeoAnalytics and the client to thoroughly examine business functions and practices as they relate to each task in the respective phases. Because of the phased nature of the project, some tasks may be repeated behveen phases. Wherever possible, this will be eliminated to reduce redundancy and expedite implementation. 1. PHASE 1: Property Control Implementation As requested by the City, GeoAnalytics will begin implementation of the land management information solution by implementing the Property Control module and standard permitting, inspections and approvals. Propert)' Control is the foundational Govern Sofhvare module establishing names, addresses and owners of property based land records. a) Task 1: Needs Assessment and Requirements Analysis GeoAnalytics will begin this phase by performing a needs assessment and requirements analysis to assist the Citv’ in describing, quantifying and organizing the work flow processes and business rules Pages City of Orono related to the City's permits, inspections and approval functions. Due to project deadlines, we recommend the City not spend a great deal of time reexamining how the development processes are currently handled, why they perform the tasks they do, and how to make changes to realize improved efficiencies and better service to the community at large throughout the development process. These issues will be the focus in the second phase of this project. Activities 1. Project Scope. Schedule and Timeline. GeoAnalytics will meet with appropriate City staff to outline the project schedule, set deadlines and timelines, and determine responsibilities for all parties throughout the implementation process. 2. Data Collection . City staff will collect existing input forms, documentation of processes, fee rates, receipts, system reports and paperwork for all currendy tracked permits, inspections and approvals managed by the City and provide them to GeoAnalytics. 3. Data Assessment and Conversion Plan. City staff and GeoAnalytics staff will work with the County Property Tax Data File to assess the structure of the database table of property addresses, names (o\NT>ers, occupants and contractor names) and other information necessary for implementation of the property control module. The data conversion plan will identify common fields in both the Property Tax Data file and the Microsoft Access data conversion table provided by Govern Software. To save money, GeoAnalytics suggests that City staff be responsible for populating the Access database file with the identified Property Tax database tables by following the data conversion plan. If the City would rather GeoAnalytics to complete this task, some adjustments to the proposal are necessary. 4. Work Flow . City staff from the Building and Zoning Department and GeoAnalytics staff will meet to discuss the work flow processes for sample permits. City staff will then be responsible for identifying the work flow for all remaining types. These processes should be illustrated as flow charts highlighting decision points, responsible parties and milestones. Examples will be provided. From these flow charts GeoAnalytics staff will construct the rule base that drives Govern Software. 5. Reportine Needs. City staff and GeoAnalytics will review, itemize and prioritize needed reports. GeoAnalytics will examine the Crystal reports provided with Govern Software and outline for City staff what new reports need to be created for this phase for use with the City' permitting, inspection and approval processes. 6. Documentation Preparation, Dissemination and Review. GeoAnalytics will provide documentation of the needs assessment and the requirements as determined during previous activities in this task. City staff will review these requirements for final verification prior to the beginning of the next task involving the building of an Application Prototype. i) Estimated Time Line - Two weeks b) Task 2: System Design System design refers to the process of conceptual, logical and physical design for both the database model that Govern Software sits upon and the application itself. The primary ’ objective of this task is to create a Govern Software prototype that contains a customized database, graphic user interface Page 6 Proposal for Product Sales and Professional Services and rule base for issuance of permits, inspections and approvals as determmed during the needs assessment and requirements analysis of Task 1. i) Activities 1. Database Design. GeoAnalytics will analyze any additions and/or modifications that may be necessary to Govern Software's database model to accommodate the needs expressed by the City. Once defined, the database will be modified via Govern Software's administrative module. These changes will take place in an Access database and will later be uploaded to Oracle on the City's server. 2. Application Desien. GeoAnalytics will design the permits, approvals and inspection types and activities as detailed in the requirements activity in the first task of this phase. It is anticipated that this information w-ill require modifications and enhancements once implementation has begun and City staff complete training. 3. Application Prototype Development. With application design completed, GeoAnalytics will input the work flow processes into Govern Software, modify the forms and menus to meet application design specifications and prepare the database for initial installation and user training. it) Estimated Time Line - Two Weeks c) Task 3: Application Installation, Data Conversion and Training Upon completion of the prototype during system design, the City will need to begin working with it. This task consists of installing Govern Software on the City Hall server and appropriate desktop client computers, installing the database created during Task 2 on the Novell server, data conversion and user training. i) Activities 1) Install Govern Software . GeoAnalytics will install the server component of Govern Softw-are on the City Hall Novell server and perform client installations on targeted computers throughout the City. 2) Install Oracle Database . GeoAnalytics w’ill install the Access database created during Task 2 of this phase. When Oracle is installed and running on the City server, the Access database will be uploaded to Oracle. However, it is common to first test the prototype directly w’ithin Access. 3) Data Conversion from LOGlffl. The Needs Assessment and Requirements Analysis task will result in an assessment of the address and contractor's names data within LOGIS and a data conversion plan. GeoAnalytics will provide the City with a Microsoft Access database. To save money, GeoAnalytics suggests City staff populate the Access database file with the identified LOGIS database tables by following the data conversion plan. If the City prefers that GeoAnalytics complete this task, some adjustments to the proposal may be necessary. GeoAnalytics will perform the upload of data from the Access database to Govern Software's database. ’ LOGIS is an Association of Local Government Information System that provides land management applications to local government for permitting, licensing, complaints and related functions. Page 7 City of Orono 4) Administrative Training. GeoAnaly tics will teach select Govern Software user staff how to make simple modifications to the software, adjust user's rights, access to different functions, and make simplistic changes to the rule base driving each development process. 5) User Training I. The first user training session will inform City staff about the implementation process utilized and how to create new permits, approvals, calculating fees and scheduling inspections. ii) Estimated Time Line - Three weeks 2. PHASE 2: Planning and Land Management Implementation With Phase 1 complete, the City will be able to issue permits and log inspections. After January 1, 2000, the second phase of the project will begin. This phase will include implementing Govern Software complaint, offense, licensing, hearing and tracking functions. The deadline for Phase 2 is March 1,2000. a) Task 1: Needs Assessment and Requirements Analysis GeoAnalytics will begin this phase similar to Phase 1 by performing a needs assessment and requirements analysis. The objective in this phase will be to assist the City in describing, quantifying and organizing the work flow processes and business rules related to the City's complaints, offenses, licensing, hearings, tracking zoning applications and related land management functions. i) Activities 1. Data Collection. City staff will collect existing input forms, documentation of processes, system reports and paperwork for all currently tracked complaints, offenses, licenses and zoning applications and approvals managed by the City and provide them to GeoAnalytics. 2. Work Flow. City staff from the Clerk's Office and GeoAnalytics staff will meet to discuss decision processes for sample complaints, offenses, and licenses. City staff will be responsible for identifying the work flow for all remaining types. These processes should be illustrated as flow charts highlighting decision points, responsible parties and milestones. Examples will be provided. 3. LOGIS Data Assessment and Conversion Plan. City staff and GeoAnalytics staff will assess which legacy database tables within LOGIS should be uploaded into Govern Software. This analysis will consider legac>' permits, licensing, complaints and other relevant data. GeoAnalytics will develop a simple and straightforward data conversion plan. The data conversion plan will identify common fields in relevant LOGIS database files and the Microsoft Access data conversion table provided by Govern Software. City staff populate the Access database file with the identified LOGIS database tables by following the data conversion plan.< GeoAnalytics will perform the upload of data from the Access database to Govern Software's database. 4. Reporting Needs. City staff and GeoAnalytics will review, itemize and prioritize needed reports. GeoAnalytics will examine the Crystal reports provided with If the City prefers that GeoAnalytics complete this task, some adjustments to the proposal may be necessary. Page 8 Proposal for Product Sales and Professional Services Govern Software and outline for City staff what new reports need to be created for this phase for use with the City's complaints, offenses and licensing processes. 4. Documentation Preparation, Dissemination and Review*. GeoAnalytics will amend the Phase 1 document to include all discussions and analysis from Phase 2. City staff will review these requirements for final verification prior to the beginning of the next task involving the Building of an Application Prototype for complaints, offenses, and licensing. ii) Estimated Time Line - Two Weeks b) Task 2: System Design As in Phase 1, Task 2, GeoAnalytics will briefly perform conceptual, logical and physical design for both the database model that Govern Software sits upon and the application itself concerning complaints, licenses, offenses and hearings. The primary objective of this task is to expand the Govern Software application to contain these functions. i) Activities 1. Database Design. GeoAnalytics will analyze what additions and/or modifications are necessary to Govern Sofhvare's database model to accommodate the needs expressed by the City. Once defined, the database will be modified via Govern Software's administrative module. These changes will take place in an Access database and will later be uploaded to Oracle on the City's server. 2. Application Design. GeoAnalytics will design the complaints, offenses, licenses and hearings and their respective activities as detailed in the requirements activity in the first task of this phase. It is anticipated that this information will require minor modifications and enhancements once implementation has begun and training is completed. 3. Application Enhancement . With application design completed. GeoAnalytics will input the work flow processes into Govern Software, modify the forms and menus to meet application design specifications, prepare for appending these changes to the existing database and user training. ii) Estimated Time Line - Two Weeks c) Task 3: Data Conversion,. Update Installation and Training Upon completion of the application and database enhancements to accommodate complaints, offenses, licenses and hearings, this information will need to be uploaded to the working copy of Govern Sioftwarc. The primary objectives of this phase will be to integrate the new functionality into the working copy of Govern ^ftware, upload legacy data, implement new reporting options and train users on the new functionality. i) Activities 1) Data Conversion from LOGIS. The Needs Assessment and Requirements Analysb task from Phase Two will result in an assessment of the legacy data within LOGIS and a data conversion plan highlighting how that data will be uploaded into Govern Softivare. As in Phase One, GeoAnalytics will provide the City with a Microsoft Access database design to aid in the data conversion. The Page 9 City of Orono City will be responsible for populating this database with the identified LOGIS legacy data. 2) Upload Legacy Permit Data to Govern Software . Upon completion of populating the interim Microsoft Access database, GeoAnalytics will upload the data into Oracle. This may requires more than one attempt due to typical data content errors. 3) Training . Training during this phase will include a brief administrative session for the City Govern Software administrators and a second user session for all users to expand upon the initial user training completed in Phase One to include new functionality deployed in Phase Two. ii) Estimated Time Line - Three Weeks PHASE 3: GIS Integration With Phase Two complete, the City will be able to track complaints, log offenses, issue licenses and schedule hearings. After March 1,2000 the third phase of the project will begin. This phase will include collection of tax parcel data from existing sources, analysis of its integration capabilities to Govern Software, data modifications, procurement of GIS desktop mapping software and overall integration of Govern Software with the GIS. The deadline for GIS-Govem Software integration is June 1,2000. It is important to note that this phase will not result in a full GIS deployment throughout the City. The intention of this phase is simply to provide a visualization mechanism for the City to bring some standard GIS desktop mapping software and tax parcel data within the Govern implementation. If at some point in the future the City determines that they would like to pursue a more robust GIS that would contain more data than simply tax parcels, and would provide other functions to various City Departments (e.g.. Public Works, Engineering, etc.), GeoAnalytics would be happy to assist in that process. a) Task 1: Needs Assessment and Requirements Analysis GeoAnalytics will begin this phase similar to the other phases by completing a brief Needs Assessment and Requirements Analysis. The primary objectives of this task are to identify and evaluate available tax parcel data, as well as clarify the GIS functionality the City desires in connection with Govern Sofnvare. i) Activities 1) Data Collection . GeoAnalytics will assist the City in collecting all available tax parcel data and evaluating its content for integration with Govern Software. 2) Work Flow . GeoAnalytics will work with the City in identifying what types of GIS functions they would require and how those fimctions will need to be executed. 3) Data Conversion Plan . If the tax parcel data requires updates, modifications or other enhancements, GeoAnalytics will assist the City in determining and documenting what those changes are. 4) Documentation . GeoAnalytics will amend previous documentation to include all discussions and analysis from Phase Three. Page 10 Proposal for Product Sales and Professional Services ii) Estimated Time Line - Three Weeks b) Task 2: Data Conversion, GIS Installation and Training Upon completion of the GIS needs assessment and requirements analysis, the project team may potentially have to modify the tax parcel data, install software, create the connection between the applications and train the staff. i) Activities 1) GIS Software Procurement and Installation . Upon completion of an assessment of the City's needs for GIS integration with Govern Software, GeoAnalytics will assist the City in procuring GIS desktop mapping software (Environmental Systems Research Institute's ArcView GIS version 3.2) and installing it on 2 client machines. 2) Tax Parcel Data Design. GeoAnalytics will create a new attribute within the tax parcel data to ensure that Govern Software's parcel database table can work with the tax parcels. The tax parcel data may require rudimentary modifications such as updates to ownership, changes to parcel boundaries (splits and merges), etc. To be clear, GeoAnalytics is not proposing to complete this work. If those changes are necessary, the City will need to complete that work or contract with another firm. 3) Software Integration . Once the tax parcel data has been enhanced to contain a hook for Govern Software, GeoAn::lytics will test and deploy the integration between the two software products. 4) Training . GeoAnalytics will train a point person within the City staff on the maintenance of the tax parcel data to ensure it remains synchronized with Govern Software's database. This will be required in situations such as a parcel split for development. Govern Software can create multiple records to represent each of the new parcels but the GIS data set may need to be modified to ensure that the parcels mirror the data within Govern Softw ’are. GeoAnalytics will also train project staff on the use of the GIS connection so that users are familiar with passing data to the GIS for visualization as well as from GIS to Govern Software for data updates and analysis. ii) Estimated Time Line - Four Weeks 7»hlc 1 • Project Overview and Estimated Time Frame f . 1 r, •• t.1 1 EstimatedProject Phases/Tasks | Deliverables | jime-Frame PHASE 1: Property Control Implementation Seven Weeks 1) Needs Assessment and Requirements Analvsi-s Needs Assessment and Requirements Report Two \\ ivks 2) System Design Two WtH'ks Page 11 City of Orono Project Phases/Tasks Deliverables Estimated Time-Frame 3) Application Installation, Data Conversion and Training Govern Software installation and implementation of Property Control module Ml TOO Weeks PHASE 2: Planning and Land Management Implementation Seven Weeks 1) Needs Asses«!ment and Requirements Analysis Amended Needs Assessment and Requirements Report Tw o Weeks 2) System Design Weeks 3) Data Conversion, Update Installation and Training Govern Software installation and implementation of Planning and Land Management module I hree Weeks PHASE 3: GIS Implementation Six Weeks 1) Needs Assessment and Requirements Analysis Amended Needs Assessment and Requirements Report Throe Weeks 2) Data Conversion, GIS Installation and Training GIS Arc View Software installation and integration Til roe Weeks Figure 1 - Proposed Project Timeline Phases Months Nov Dec Jan Feb Mar Apr May Jun Phase 1 Phase 2 Phase 3 Fees and Expenses 1. Fees Table 2 - Summary Page 12 r . Proposal for Product Sales and Professional Services Phase 1: Property Control Implementation $11,900 Software purchase as part of Phase 1 (to be handled under separate contract with Govern Software) * $15,600 Software purchase - E.S.R.1. AreView 3.2 $1,990 Task 1: Needs Assessment and Requirements Analysis $3,400 Task 2: System Design $2,500 Task 3: Data Conversion, Installation, and Training $6,000 Phase 2: Planning and Land Management Implementation $10,400 Task 1: Needs Assessment and Requirements Analysis $4,300 Task 2: System Design $2,500 Task 3: Data Conversion, Update Installation and Training $3,600 Phase 3: GIS Integration $5,600 Task 1: Needs Assessment and Requirements Analysis $2,200 Task 2: Data Conversion, GIS Installation and Training $3,400 Project Management $2,790 TOTAL FEES $48,280 Software yearly maintenaitce is $2808.00, payable to Govern Software. 2. Expenses Cumulative administrative expenses including travel, lodging and related shall not exceed $2,500 without the consent of the City. a) Administrative Expenses All administrative expenses shall be charged at actual costs. These expenses include postage, telephone, fax, reproduction, and publication. b) Travel All travel expenses shall be charged at actual costs subject to the limitations above. c) Lodging All lodging expenses shall be charged at actual costs subject to the limitations above. 3. Payment Terms Payment is due within thirty (30) days of receipt of invoice. Page 13 City of Orono C onclusion GeoAnalytics is willing to negotiate appropriate variations in the scope of work and budget given City expectations and/or any constraints. If you have questions or are in need of other clarification, please feel free to contact me at the address or phone number listed on the cover sheet On behalf of GeoAnalytics, we thank you for the opportunity to provide this proposal. Respectfully, William S. Holland, CEO S:\ ADMI N\Proposab\Orono\ LandMngmnt.ProposaLdoc I • t given fication, behalf of Proposal, doc COUNCIL MEETING REQUEST FOR COUNCIL ACTION 2 5 1999 DATE: October ^^9 ITEM NO: / 0^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Resolution in Support of Cooperative Efforts Among the Lake Area Cities to Meet the Area’s Housing Needs In May of this year, representatives from the Lake Area Cities met to discuss the potenti^ for cooperative efforts among the cities to meet the area's housing needs. One of the mam topics of discussion was the benefits to the Lake Ar-.a Cities of providing a supply of quality housing with a range of housing types and costs. These jenefits include the following. . A diverse housing supply will be better able to meet the housing needs of our communities, both now and in the future. • Our children and our parents would be able to remain in our communities as they move through the various stages of their lives. • A diverse supply of housing, that meets the needs of employees, provides a competitive advantage to our local businesses, as well as to our cities and schools, in their efforts to recruit and retain quality employees. The consensus at the conclusion of the meeting was that the Lake Area Cities should continue to explore the potential for cooperative housing efforts. \ second meeting of the Lake Area Cities was held this fall to determine how best to move ahead with cooperative housing efforts At this meeting, the representatives determined M ov^ Staiement of Purpose of was needed to guide the cooperative efforts of the cities_ The representatives reached consensus on the following Statement of Purpose for cooperative housing efforts in the lake area. To promote the development and preservation of a supply of quahty housing that includes a range of housing types and costs that meet housing needs at all stages of life and are affordable for households at all income levels. The representatives agreed that the Statement of Purpose should be brought to all City Councils for a resolution of support to ensure that all cities agreed on the overall goal of the cooperative housing efforts. Page 14 r Request for Council Action continued Page 2 October 20, 1999 Resolution in Support of Cooperative Efforts Among the Lake Area Cities to Meet the Area's Housing Needs ______________________________ The representatives also agreed that the first step toward implementing the Statement of Purpose is to conduct a housing needs assessment to identify the current and projected housing needs of the lake area. Information on specific housing needs will assist the cities in focusing their cooperative housing efforts. A resolution supporting the Statement of Purpose and authorizing the City Administrator and other interested appointed and elected officials of the City to continue their involvement in cooperative housing efforts, particularly an assessment of specific housing needs in the City of Orono and the lake area, is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution in support of a Statement of Purpose to guide the cooperative housing efforts in the lake area, and to authorize the continued involvement of the City in cooperative housing efforts in the lake area. A RESOLUTION IN SUPPORT OF COOPERATIVE EFFORTS AMONG THE LAKE AREA CITIES TO MEET THE AREA ’S HOUSING NEEDS WHEREAS, the Lake Area Cities have conducted a joint housing study to provide information regarding housing in the lake area; and WHEREAS, representatives from the Lake Area Cities met in a housing workshop on May 20, 1999 to discuss the potential for cooperative efforts to meet the area's housing needs; and WHEREAS, the workshop showed that the Lake Area Cities would gain many benefits through the provision of a supply of quality housing with a range of housing types and costs. These benefits include; • A diverse housing supply will be better able to meet the housing needs of our communities, both now and in the future. • Our children and our parents would be able to remain in our communities as they move through the various stages of their lives. • A diverse supply of housing, that meets the needs of employees, provides a competitive advantage to our local businesses, as well as to our cities and schools, in their efforts to recruit and retain quality employees. WHEREAS, the consensus at the conclusion of the housing workshop was that the Lake Area Cities should continue to explore the potential for cooperative housing efforts; and WHEREAS, representatives of the Lake Area Cities met again on September 23, 1999 to develop a Statement of Purpose to guide cooperative housing efforts in the lake area, and Page 1 of2 r WEIEREAS, the representatives reached consensus on the following Statement of Purpose: To promote the development and preservation of a supply of quality housing that includes a range of housing types and costs that meet housing needs at all stages of life and are affordable for households at all income levels: and WHEREAS, the City representatives determined the Statement of Purpose should be brought to all Lake Area City Councils for a resolution of support; and WHEREAS, the representatives agreed that the next step beyond the endorsement of the Statement of Purpose is to conduct an assessment of specific housing needs to assist the Lake Area Cities in focusing their cooperative housing efforts. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Orono does hereby indicate its support of the Statement of Purpose as stated above, to guide the cooperative housing efforts in the lake area. BE IT FURTHER RESOLVED that the City Council of the City of Orono does also hereby authorize the City Administrator, as well as other interested appointed and elected officials of the City, to continue their involvement in cooperative housing efforts, particularly an assessment of specific housing needs in the City of Orono and the lake area; with the condition that further authorization will be required prior to the City incurring financial obligations in relation to the cooperative housing efforts. Adopted by the City Council at a regular meeting held on October 25,1999. ATTEST Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 2 of 2 REQUEST FOR COUNCIL ACTION COUfl^ MEETING -eerTri999 CITY OH ORO/VO DATE; 10/20/99 Department Approval: ^ Administrator Reviewed: Agenda Section: Name Chris Pence , City Administrator's Report Title On-Site Systems Meager Item Description: State On-Site Code Changes: "Performance Systems" On October 4, 1999 the state adopted revisions to Chapter 7080, the Minnesota On-Site Sewage Treatment Code. These changes are forcing all local governmental units (LGU) to revise their local septic codes. Many of the new changes will place in the hands of the LGU much of the regulation which was formerly under the control of the state. Our current regulatory method, used for decades in Minnesota and throughout the U.S., is a "prescriptive" method in which the design of the system is strictly regulated. By contrast, the "performance" method regulates the output, or environmental impact of the system, in essence accepting use of any design of a system as long as it continues to meet the established environmental standards. The revised Chapter 7080 became effective October 4, 1999. The City of Orono will need to adopt the new Chapter 7080 as part of the municipal code by the next building season. The MPCA has a provision included in the new Chapter 7080 whereby the LGU has the option of adopting "performance standards" as a regulatory method. If the City feels it wants performance standards, in addition to adopting the revised Chapter 7080, we would also need to adopt the andards for performance systems by reference. Performance Systems Chapter 7080 now allows the use of "performance systems" as a method of treating sewage. A performance system, as defined by Minnesota Chapter 7080, is " an individual sewage treatment system described in part 7080.0179 designed to adequately protect the public health and the environment and to provide long term performance." Basically this means that any t>pe of system can be installed if allowed in the local code. A performance system basically entails the use of pretreatment (aerobic treatment unit, sand filter or peat filter) followed by a soil dispersal system. Examples of a soil dispersal system would be drip irrigation or an in ground trench system utilizing either a reduction in drainfield size or a reduction in separation to the seasonally high watertable. It is not recommended to use a combination of drainfield reduction and a reduction to the seasonal watertable when designing an on-site septic system. The Minnesota Pollution Control Agency (MPCA) has developed mandated outcomes of a performance system. Bodily contact with sewage is not allowed. All disposal of sewage effluent must be below grade. The system must conduct itself in a safe manner, free from physical injury and harm. All performance systems must conform to all applicable federal, state and local requirements. The system’s must also conform to the manufacturer's requirements Chapter 7080 requires there must be some separation during loading of sewage effluent into a soil dispersal system. All fecal organisms must be totally removed within twenty-five (25) feet from the soil dispersal area during climatic and loading stress. If a lot adjoins a lake, there must be a phosphorous concentration of 1 mg/1 or less. If a lot adjoins a lake, the LGU has the option of instituting a nitrogen standard. Monitoring and Mitigation Plan A performance system will be similar to other septic systems in Orono. To obtain a permit, a site design will need to be submitted to the Cit> for review. The site evaluation must be conducted by a state licensed Designer 1 or Designer 2. A monitoring and mitigation plan must also be included with the site design. The monitoring plan must state the type and frequency of monitoring and require routine flow measurement. There are three types of monitoring. One way is to use a monitoring well. A second way is soil monitoring. A third possibility is to take water samples from the pretreatmenl system and assess them for contaminants. These water samples would be sent to a certified laboratory'. The best monitoring plan is to use a combination of these methods. A mitigation plan must show w hat will be done if the performance system fails to provide treatment and disposal. Mitigation is the most important of all the requirements. If the performance system is not performing up to the required standards, a plan must be in place that will detail what type of system is going to replace the non-compliant performance system. Operating Permit If after reviewing the site design the system seems to be proper and will function properly, the City would approve the design and the homeowner would then obtain a operating permit from the City. Once the homeowner has obtained the operating permit, the licensed septic system installer would then secure the septic permit. This septic permit would not be available until the homeowner had obtained the operating permit. The operating permit would contain maintenance requirements informing the homeowner of what will be required from the homeowner over the life of the system. The operating permit will include approved monitoring and mitigation plans. It will also include a section stating what is going to be required for compliance and the possibility of system use being discontinued if certain parameters, set by the City, are not met. The permit will also contain the frequency of reporting to the City. The City will not be responsible for monitoring performance systems. It will be the responsibility of the homeowner to monitor their system within the boundaries set by the City. The operating permit would be valid in five year increments. The homeowner will need to renew the operating permit every five years. If the operating permit is not renewed, use of the septic system must be discontinued. This operating permit ( or something else?) needs to be recorded on the property deed. New homeowners will need to follow the same regulations as the previous homeowner. This will also prevent "surprises ” for any new homeowner. Public Education It will also be the responsibility of the LGU to provide consumer information to the public. The information needed will include estimated costs for construction, operation, monitoring, service, component replacement and system management. Information will also need to be provided regarding the anticipated system life. It is also the responsibility of the LGU to make information available to the public regarding hydraulic and organic loading rates to the absorption area in relation to flow amounts. Pro*s & Con*s of Performance Systems There is going to be a vast change in the way septic systems are going to be designed and used over the next few years. I see merits to using performance systems. One is that now a performance septic system may be able to be used in places where only holding tanks could go before. Also, using a performance system could reduce the number of mound systems being installed in Orono. The only reason I see this being a benefit is that most homeowners don't want the "hump" in their yard. In no way am 1 saying mound systems do not work properly. It would just be a good public relations move. On the other hand, performance systems are probably going to cost more than a standard system. A performance system is going to need constant monitoring. The homeowner will be required to monitor the septic system and keep the City informed on how it is functioning. I foresee a homeow ner doing this for a short period of time and basically become tired of doing the constant monitoring. Another problem is going to be the operating permit. The operating permit will need to state that if the septic system does not meet certain criteria set by the City, the use of the system will need to be discontinued. It will be very dilTicult for a home to just stop using the septic system. It will also be very difficult for the City to force a homeowner to discontinue use of the septic system. 1 foresee enforcement regarding compliance reports being very difficult. I will be attending classes in November and December regarding these new performance systems. After attending these classes, I will have more definitive information. rmincll Action Requested Staff recommends that council schedule a work session to discuss the potential merits and pitfalls of adopting state code provisions for the use of performance systems. REQUEST FOR COUNCIL ACTION COUNCIL MEETING OCT 2 5 1999 Cl IY Oh OflONO Date: October 15,1999 Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Gary Cheswick Chief of Police Item Description: Juvenile Liaison Officer Computer Exhibits:None DISCUSSION On October 15, 1999, the Orono Police Department was informed, because of its school liaison program, that it would receive funding for the purchase of a laptop computer. The funding is to be given by the Hennepin County Juvenile Justice Program through the Orono School District and is earmarked for the School District Criminal Justice Program. Melanie DeLuca of the Orono Schools informed us that a check for $ 1,978.00 would be sent for the purchase of a laptop computer to be used by the Juvenile Liaison Officer for purposes of record keeping and reports. COUNCIL ACTION REQUESTED Request permission to accept donation of $1,978.00 to be used for purchase of laptop computer. i ^OU/VC/L MEETING REQUEST FOR COUNCIL ACTION 2 5 1999 City Oh* Oftoftjo DATE: October 20, 1995r ITEM NO: /5^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Admi.iistrator's Report Item Description: Selection of Work Session Date.«. There are a number of topics that require review and discussion K l^e Council in a work session. The most important of these is the update of the Comprehensive Plan Staff has contacted the Council Members to identify potential work session dates, but has had a difficult time finding dates that work for all Council Members. It would be helpful to have a short discussion regarding work session dates to assist staff in identifying dates that work for the Council. COUNCIL ACTION REQUESTED: Identification of potential dates for upcoming work sessions. I REQUEST FOR COUNCIL ACTION DATE: October 25, 1999 ITEM NO; Department Approval: Name RonMoorsc Thie Citv Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Purchase of Property at 3790 Shoreline Drive for Use as Park Land The Council has authorized the Mayor and City Administrator to pursue the purchase of an approximately 2.5 acre parcel at 3790 Shoreline Drive from Paul and Kathleen Larson for use as park land. A purchase agreement has now been worked out and has been signed by the sellers. Authorization of the Mayor a J/or City Administrator to sign the purchase agreement is now necessary to move the transaction ahead. A copy of the purchase agreement and addendum is attached. The major items of the purchase agreement are as follows: Price; $160,000 Closing Date; December 21, 1999 Termination of Purchase Agreement; If the buyer determines at its sole discretion that the results of an inspection of the property, including an environmental revie‘4', are not satisfactory, it may terminate the purchase agreement. Fvmdiog The Park Fund does not currently have sufficient funds for the purchase of the property. Staff recommends the purchase be funded from the Building Outlay Fund. COUNCIL ACTION REQUESTED: Motion to authorize the Mayor and/or City Administrator to sign the purchase agreement for the purchase of property at 3790 Shoreline Drive at a cost of $160,000 with funding from the Building Outlay Fund, and to amend the 1999 Building Outlay Funa budget to reflect the expenditure. OCT 20 1993 14:49 FR HINSHhW CULBERTSOtl TO 924949 H P.01/03 APPLETON. WISCONSIN BELLEVILLE. ILLINOIS BROOKFIELD. ILLINOIS CHAMPAIGN. ILLINOIS CHICAGO. ILLINOIS CRYSTAL LAKE. ILLINOIS FT. LAUDERDALE, FLORIDA Jacksonville . Florida JOLIET. ILLINOIS LISLE, ILLINOIS MIA.M1. FLORIDA HINSHAW & CULBERTSON PIPER JAFFRAY TOWER SUITE 3100 222 SOUTH NINTH STREET MINNEAPOLIS. MINNESOTA 012.333.3434 TELEFAX: 612.334.3888 MILWAUKEE. WISCONSIN MUNSTER. INDIANA PEORIA. ILLINOIS PHOENIX, ARIZO.N.^ ROCKFORD. ILLINOIS ST. LOUTS. MISSOURI SAN FRANCISCO. CALIFORNIA SPRINCnELD. ILLLNOIS TAMPA. FLORIDA WAUKEGAN. ILLINOIS Date: October 20, 1999 Authorization No. 4715 Transmittal is: B Urgent FROM: Rolfe A. Worden FACSIMILE COVER PAQE No. of Pages, including cover page: Client no. 41288 □ Immediately by ° ASAP TELEPHONE NO. 612-334*1516 Matter No. 754868 Name A • Facsimile Number Telephone Number 1. Paul W. Larson 473-3932 471-2216 2. Ronald Moorse 249-4616 249-4600 changed to reflect the new closing date of December 21, 1999, the elimination of the reference to Larson Park and the deletion of anything that would imply an agreement to indefinitely use the property for park purposes Please call with any questions. RAW The information contained in this facsimile message is confidential information intended only tor use of the individua or entity named above. If the reader of this mes.sage is not the intended recipient, or the emplcyee or agent responsiblt to deliver It to the intended recipient, you are hereby notified that any dissemination, distribution or copying ot i communication is strictly prohibited. If you have received this commuiiicaiion in error, please immediately notity us b> telephone, and return the original message to us at the above address via the U.S. Postal Service. Thank you. A rA.».TNE?JH3‘ B<CU0l*'0 WOrtJSIOXAt COSH* 'TtO.ss CCT 20 1999 14:49 FR HINSHhW CULBERTSOM TO 92494E16 P.02/03 ADDENDUM TO PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF ORONO ("BUYER") AND PAUL W. LARSON AND KATHLEEN P. LARSON ("SELLER") THIS ADDENDUM TO PURCHASE AGREEMENT is executed this__day of 1999 by Buyer and Seller, simultaneously with the Purchase Agreement to which it is attached, relating to the Purchase .Agreement between Seller and Buyer for the sale and purchase of Seller’s property at 3790 Shoreline Drive, Orono, Minnesota. In addition to the tenns and conditions of the Purchase Agreement, and notwithstanding to the contrary therein Seller and Buyer have agreed: Contingencies. a) The closing of the transaction reflected in the Purchase Agreement is conditional upon the approval of the Purchase Agreement by the City Council of the City of Orono on or before October 25, 1999. b) The closing of the transaction reflected in the Purchase Agreement is conditional upon the securing of a real estate appraisal, by the Seller at his expense, confirming the valuation of he property to be at least 5215,000.00. c) The inspection of the property by the Buyer. The inspection shall be completed on or before November 30, 1999. If Buyer determines, ai its sole discretion, that the results of the inspection are not satisfactory, it may terminate this Purchase Agreement. Buyer may enter onto the property for such inspection which may include, but not be limited to the preparation of an environmental impact statement. In the event of a failure of these contingencies or conditions, the earnest money paid by Buyer to Seller shall be promptly returned and this agreement shall be null and void. 2) Real Estate Taxes. Real Estate taxes due and payable in 1999 shall be paid by Seller. 3) Legal Description. The legal description of the property ’ which is the subject of the Agreement is agreed to be that reflected In that certain Personal Representatives Deed, recorded in the office of the Hennepin County Recorder as Document No. 4960639 to Paul W. Larson, Grantee, a true and correct copy of which is attached hereto as Exhibit 1. 4) Removal of Personal Property and Items Stored on Property. Seller shall remove dl such items stored on the grounds of the property, and all debris, prior to closing. on7/:::8H5a ic/'so-s? OCT 20 1999 14:49 FR HIHSHAW CULEERTSOM TO 92494b19 P.03/03 5) Existing Tenant; Personal Property Within Residence; Post-Closing Maintenance. Seller and Buyer understand that the property is presently leased to John Peipho and Joleen Pcipho, as Tenant, through April 30, 2000. Seller and Buyer shall give a joint notice to the Tenant after the closing that all subsequent rent payments are to be made to Buyer. Personal property located in the interior of the residence on the property not removed by the Seller within fifteen (15) days of the vacation of the property by the Tenants may be destroyed or removed by the Buyer. Seller shall continue to mahitain the property until the existing Tenant vacates the property. At closing, $2,000.00 shall be deposited in escrow upon wliich the Seller may draw, with the permission of the Buyer, to apply to such items of maintenance, repair, and replacement that may be necessary. If Seller docs not perform necessary maintenance. Buyer may do so and apply the monies held in escrovv to the expense of such maintenance. 6) Storage Tanks; Hazardous Substances; Pollutants. Seller warrants and represents as follows: A. To the best of Seller's knowledge, there arc not now, nor have there ever been underground or above ground storage tanks of any size or type located on the Property, other than a 250 gallon heating oil tank in the basement. B. To the best of Seller’s knowledge, there are no Hazardous Substances located on the Property. C To the best of Seller’s knowledge, no activity has been undenaken on the Propert)’ that would cause or contribute to the discharge of pollutants or of fluids into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions that would require a permit under the Federal Water Pollution Control Act. 33 U.S.C. §1251 et seq. or the Clean Air Act. 42 U.S.C. §7401 et seq. or any similar state law or local ordinance. 7) Seller has furnished Buyer with a properly executed Well Disclosure Statement. Buyer will be responsible, at its option, for scaling or maintaining the disclosed well, at its expense. THE CITY OF ORONO Paul W. Larson Kathleen P. LarsoH By:, 007/22l818.'58 10/70/99 ♦ 4 TOTi:^. PhCjE.03 not tants been i the ated icmcnt. l its . F.:.'.E.03 ** COLDUieU. BANKeR □ BURNET PURCHASE AGREEMENT TNs lorni approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out ol use or misuse ol this form. €> 1998, Minnesota Association pi REALTORS®. Edin.n, MN 1. d^_A j=z£:=E2.------------ 2. Page 1 ol___________________________Pages 3. RECEIVED OF 4. 5. the sum ol c/rv _ Dollars ($ /> OCC -----------) 6 byfjCHBCK,/CASH/NOTE as earnest money to be deposiiea upon accepi«n»,e ui ru.vM--« 7 beS;^h£d bSslne^^^^^ after acceptance, in the trust account of listing broker but to be 8 Agreement is not accepted by Seller. Said earnest money is part payment for the purchase ol the property locate . 9. s.,e.. Address: 37^^ ------------------------------------ (JVQ _________________,County ol —/ ~^JZ._ State ol Minnesota, tfXAL Co/yf=^^ 10. Cityol 11. Legally described as: 13. including Ihe Wowing pcopoBy. II any. owned Sws'lrawS aiScS ln^dra|»nf “io*raniic^^^^^ 14. trees: slonn sash, slorni doors, screens and ewnin^i .1. ° ”h 3ihor .nnlnmaol us^ I? 15. fixtures and bulbs; plumbing fixtures, water heater, heating ^ air filter water softener OWNED / RENTED (^f^^ built-in 16 connection therewilh), built-in air conditioning equipment, electronic air filter, water so -------------(c.rcie one) 5s— 20. heatilators; AND: the following personal property; ) 22 .^.-.e---—-—————————____________ . ---------\--------------- 23 aH ot which property Seller has this day agreed to sell to Buyer for sunt of. {$ v, „ rOAr-/;. sr/KTV Tf/ouMM> •V/<SK^Dollars, //!//),. 25. which Buyer agrees to pay in the following manner. Earnest money ol $ —ffUCiL—^ 25 ^ ,____/S7. 0<i>O _______________________cash on ftgc the date ol closing, and 27. the balance of $_______—---------------- 9R Conventional FHA VA Assumption Contract for Deed Purchase Money Mortgage Other: ------------------(circJo all that apply)-------------------------------------------- by financing in accordanc© with Ih© altach©d add©nduni: ___________________(circioallthalapply)-------------------------------------------------7 ^ v 29. TOslh«chaseAgioonienllSI(g^>iecltoa<:ontlriger«:>Add lorsaloolBuyeyspropeily. (Bansweris tS.see attached addendum.) — ^ _____.____t.. n.ir/^Krten Anmnmnnt Hntnd _________ iicTu unTfp • 30 This Purchase Agroomoni id ................ w. « ^-------- , 31^ Buyer has been mede aware S^J^abllily of property Inspections. Buyer d«t,/,<Wltn«_lo have a property inspection ped^^ « =Ar^ABT^rs::rr 34 joined in by spouse, if any, conveying marketable title, subject to. 38. tenancies):____________________________—-------------------------------— ' 5o iTv*f?E^^ffiBD^ flate of owing any deterred real estate taxes (i.o. Green Acres, etc.) or special 43. ofs^^ar^wm^ ce^^^ wlih the real estate taxes due and payable in the year of closing. 44. BUYER SHALL AS UME SHALL PA^ date of closing all other special assessments levied as o( Ihe date of this Agreement BUYER SH/^L ASSUMeTsEi Ie^^ assessments pending as ol the date ol this Agreement 4a' Buyershaapayanyurvaidspoo^lassmisnwntspayaMointhayoarlolkhwngc Ihoroalter. the payment of which is not otherwrso S: 5r?i£rSSfollhlsAgrcomon,.Sal.srrep^ a notW cl heWtg to. a new public Improvement lonol >g out idina, MN _Pages ;__________) (, on or urchase Minnesota, tibs, and d lighting l^sed in P built-in able TV lood fans, doors and Dollars. <1. losing, and addendum: addendum.) __• adormed at addendum.) irranty Deed the property ind drainage ot subject to .) or special insUdiments t AgreemenL ; Agreement Shan be by vA odteoMise improvemertl rry such rtoticc ^ a pendir>^ e payment oi coLoiueu. B/VNMSR □ BURNET 116. Page 3 Date-------------------------------------------------- 119. dosing dale la changed.^ leal “"J dasslUcaHon Is clidad, 120. payable In the year-----££./-------^ _______________________________________ {fa: 130. tanks, except herein noted: --------—------- “ rrsi^i— _____irnrninnr—-nua-TBiMsai^THifrPURCHASEAGBEEMENTonBY.oovEBNiNa *SiHOwSiSb»R«HD*"rA ’UCENSEalN9PECTOH'BSeBTOSYSTeM jHE S|5SS?E sIlLER to UP6H*DE,BEWL" n? 6YSTEMMAY-SATISFY-THIS-0BLIGATI(HI.'NOTHINGINUN aoreed TO ' IN THIS PURCHASE AGREEMENT, Z Sgy^'E*?S{^lg??^BEOu"RED BY MINNESOT a 'F^UTES. 142 SELLER VKARRANTS THAT CENTRAL AIR ‘■cmsItm*TxCS^^ AOHEaeMT Jl' ?2°^S?!KrYEr«SiES™ REPRESENTATION^ 47 REGARDING THE PHYSICAL CONDITION OF THE PROPERTY. 49. BUYER ACKNOVYLETOES WT NO SJ|l§-Sp W ROOF OFTH e'pROPEHTY AND BUYER RELIES ;S-MiIeuTn^S^ ^ ....._ ,51 SELLE?^H*SNOrHADAWETBASEMENTANl(H^*g«JO!HAOROOF,WAaORCEIUNQDAMAGE 152 ’ OR ,CE^tp”’2;]^6R HAS/ HAS NOT REDEIVED A SELLERS PROPERTY DISCLOSURE STATEMENT. b C E^HA RECE VEO TH eTh ^^^REPORTS, IF REQUIRED BY MUNICIPAUT1A ------------ NOTICE MuL I yt^UBR TS It jellor'n *ffn«wi.>ialAqent/Non'Agent — (circle on«V—--------------------------- (Licensee) ^ noi (?imBLL BAA/iiE>^ (Ckxnpany) 158. 159. is Seller’s Agent/Buyer’s Agent/Dual Agent/Non-Agent _______________ (drcki one)——--------—------------ „ SS. ..n», ........ ^ _______ — -- DUAL AGENCY REPRESENTATION 160e _ ------A^-rirxAi 161. DUAL AGENCY REPRESENTATION OOE^g^^FPI-'' m in ihlMransadion «hlch creates a dual agency. This 162. 163. REQUEST FOR COUNCIL ACTION DATE: October 20, 1999 ITEM NO: / ^ Department Approval: Name Lin Vee Tllk City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: Liquor License Application for James D. Anderst of Orono Liquor, Inc. for ________________the Property Located at 3380 Shoreline Drive Attachments:1) Excerpts from Chapter 4 of Orono Municipal Code 2) Memo from Police Chief re: Liquor License Application 3) Background Investigation Report on Applicant James D. Anderst Background James Anderst has applied for the transfer of an On Sale and Sunday Liquor License for the property located at 3380 Shoreline Drive. Jimmie's Inc. currently holds an On Sale and Sunday Liquor License for the business known as Jimmie's Lounge at 3380 Shoreline Drive. Jimmie Holtz is the owner of the business, and wishes to sell his business and transfer the liquor license to Mr. Anderst. Pertinent Code Sections The following sections of Chapter 4.02 - Original Licensing Procedure are attached to assist the Council in their review of this application: Subd. 4. A. - Investigation - A written recommendation and report from the Chief of Police is required to be made to the Council. Subd. 4. F. - Transfer - Transfer of a license requires Council approval. James Anderst is requesting transfer of the liquor license from Jimmie's Inc. to himself for the business located at 3380 Shoreline Drive. The trade name of the business will be Orono Liquor, Inc. Subd 4. G. - Refusal and Termination - Council has sole discretion to refuse to grant any application for a license, and has the right to do what is best for the public interest. Subd 8. - Persons Disqualified - Any violations which are liquor-related within five years of the license would disqualify an applicant. Review of Application Attached is a memo from Gary Cheswick, Police Chief, regarding the background investigation. Request for Council Action continued Page 2 October 20, 1999 Liquor License Application for James D. Anderst Also attached is information obtained in the background investigation completed by the Orono Police Department as part of the On Sale Liquor License application process. The information is provided under separate cover and marked "confidential" because portions of the report contain private data. In addition, the City Attorney has reviewed the application information. He has indicated that there does not appear to be any violations which would prevent the Council from granting the requested license. COUNCIL ACTION REQUESTED: Motion to approve or deny an On Sale and Sunday Liquor License for James D. Anderst of Orono Liquor, Inc. (formerly Jimmie's Lounge) for the property located at 3380 Shoreline Drive. S 4.02 Q SEC. 4.02. ORIGINAL LICENSING PROCEDURE. Subd. 1. Application. All applications shall be made at the office of the City Clerk upon forms prescribed by the proper Department of the State of Minnesota together with such additional information as the Council may desire. If not so prescribed, then upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. Subd. 2. False Statements and Omissions. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement, or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Subd. 3. Application and Investigation Fee. At the time of the initial application, applicants for licenses required by this Chapter of the City Code shall pay to the City the fees as provided for in the current City fee ordinance duly adopted by the Council, pursuant to City Code Section 1.05, which fee shall be considered an application and investigation fee, not refundable to applicant. At any time that an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigation fee. Subd. 4. Action. A, Investigation. All applications for a license shall be referred to the Chief of Police and to such other City departments as the Council shall deem necessary, for verification and investigation of the facts set forth in the application. The Chief of Police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report to the Council which shall include a list of all violations of Federal or State law or municipal regulations by the applicant. ORONO CC (3-17-87) § 4.02 (J) E. License Refund in Certain Cases. In the event thatr during the license year* the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his license, except when such license is revoked, the City shall, upon the happening of any such event, refund to the licensee, or to his estate, such part of the license fee paid by him as corresponds to the time such license had yet to run. In the event of death of the licensee, his personal represen tative is hereby authorized to continue operation of said business for not more than ninety days after the death of such licensee. F, Transfer. A license shall be transferable between persons upon consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph. G. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. H. Revocation or Suspension. The Council may, in its sole discretion and for any reasonable cause, revoke, or sus pend for a period not to exceed sixty days, any license granted under the provisions of this Chapter. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of non-intoxicating malt liquor, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation was not willful, the Council may order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or suspension stated in the Cxty Code or Statute, the following shall also be grounds for such action: ORONO CC (3-17-8/^ § 4.02 Subd. 7. Resident Manager or Agent. Before an on-sale license is issued under this Chapter to an individual who is a non resident of the CitYf to more than one individual whether or not they are residents of the City# or to a corporation# partnership# or association# the applicant or applicants shall appoint in writing a natural person who lives within 25 miles of the licensed establishment in the City as its manager or agent. Such manager or agent shall# by the terms of his written consent# (1) take full responsibility for the conduct of the licensed premises# and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who# by reason of age# character# reputation# and other attributes# could qualify individually as a licensee. If such manager or agent ceases to live within 25 miles of the City or ceases to act in such capacity for the licensee without appointment of a successor# the license issued pursuant to such appointment shall be subject to revocation or suspension. Ordinance 75# 2nd Series Adopted: 9-11-89 Subd. 8. Persons Disqualified. In addition to any other provision of law# no person shall qualify for a license under this Chapter who has been convicted within five years of the license application of violating any law relating to the manufacture# sale or distribution of non-intoxicating malt liquor# liquor or wine# or whose license therefor has been revoked within such period of time or convicted of gambling within the five years of the license application. Nor shall any person qualify who has not attained the State established legal drinking age. Ordinance 46# 2nd Series Adopted: 1-18-88 SEC. 4.03. RENEWAL OF LICENSES. Application for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license# and^ shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause. Persons for renewal of application are subject to all the requirements of Section 4.02 except for Subd. 4 B Public Hearing which is an optional requirement to be established at the discretion of the City Council. SEC. 4.04. DELINQUENT TAXES AND CHARGES. No license under this Chapter shall be granted for operation on any premises upon which taxes# assessments# or installments thereof are due and owing# or other financial claims of the City# County or State exist. (!) ORONO CC (3-1-87) (S MEMO TO:Orono City Council FROM:Chief Gary Cheswick DATE:October 21, 1999 SUBJECT: Liquor License Application Upon completion of the background check of Mr. James Duane Anderst, the results show past violations of State law and local ordinances. The investigation reported violations of Minnesota Criminal Law resulting in a conviction of criminal sey^ial conduct. Mr. Anderst additionally has several complaints for violation of the Minnetonka Beach noise/construction ordinance. These complaints are currently being reviewed by the city attorney. However, based on the review of Minnesota liquor law, these previous and existing violations lack sufficient foundation for denial by the state. Based on this investigation, it would be difficult to make a positive recommendation for approval of the liquor license for by James Anderst. Final determination whether these violations are sufficient cause to deny the Orono liquor license application is for Council determination. DATE: ( -V MEMO October 6.1999 TO:Lin Vee, City Clerk FROM: Sgt. Jim Morowczyriski, Orono Police Department SUBJECT: Liquor License Application F:: your request, the Police Department has conducted a background investigation in reference to Ja.nes Dwayne Anderst and his application for transfer of liquor license. The investigation consisted of a review of the application and information provided by Mr. Anderst, a check of his criminal history, driving record. Department of Public Health warrants, as well as local record checks from his residences in Excelsior and Minnetonka. A review of these records show a number of questionable contacts that may have an effect on the applicant’s request for liquor license. In reviewing the driving record of Mr. Anderst, it indicates several traffic violations since 1990 and also an Implied Consent refusal in 1982. The 1982 violation would be an alcohol related violation. /i review of the criminal history of Mr. Anderst shows an arrest for fifth degree criminal sexual conduct that took place on September 8,1995. The arresting agency was South Lake Minnetonka Police Department. We did make contact with the South Lake Minnetonka Public Safety Department, and a copy of their record check of the subject is enclosed. It does reflect on July 25,1994, a sex offense occured where the subject was named a suspect. A check of the South Lake records did produce a copy of the criminal complaint that was issued on August 24, 1995, for criminal sexual conduct in the fifth degree against James Dwayne Anderst for a Gross Misdemeanor offense of criminal sexual conduct. In reviewing the body of the complaint, it indicated that the initial offense occun-ed in 1994, and an investigation was conducted by South Lake Mir.netonka Public Safety. Initially, no criminal charges were filed against the subject by the Hennepin County attorney's office. Subsequently, the victim in the sexual assault did file a civil case against the subject, Anderst, and in court Anderst denied the allegation. Later in the court proceedings in April of 1995, Anderst retracted his testimony and indicated under oath that he had lied in his earlier statement and that the allegations as presented by the female victim were true and accurate. He was advised by council at tliat time that his admission could lead to criminal liability for both changing his testimony and admitting the truth of the victim's account. Based on this victim's account and Anderst's changing his testimony in the civil suit, he was subsequently charged with a criminal offense. He was convicted of the criminal offense and was placed on probation. It appears from the records checked that the probation has now expired. A copy of the criminal complaint is also enclosed with the reference material. A review of the Orono Police records on Mr. Anderst indicates several contacts from November, 1998 through September 25, 1999. Copies of these reports are enclosed for your information. The concern with these initial reports has to do with a willful violation of the City of Minnetonka Beach's ordinance. On November 14,1998, the Orono Police were called to the residence because Mr. Anderst was violating the Minnetonka Beach ordinance which did not allow construction on weekends. Anderst did admit to having knowledge of the ordinance on November 14,1998. There were subsequent violations for the same behavior two weeks later on November 28, 1998, and again on December 5, 1998, all for the same ordinance violation. Mr. Anderst was warned about these occasions. We did have contact with Anderst on December 12, 1998, and May 18, 1999, in regards to miscellaneous violations. On June 19, 1999, Mr Anderst was again contacted in regards to the same ordinance violation of construction on weekends. Once again on July 24,1999, he was contacted and warned for the violation of the ordinance and once again on September 25,1999. There have been no further contact with the applicant since that date. The Orono ordinance regarding the license application procedures does call for an investigation to be conducted by the Chief of Police for verification of the facts put forth in the application of the applicant. The Chief of Police shall make a written recommendation which includes a listing of all violations of federal and state law and municipal regulations. As indicated earlier, all these are attached. As the Chief is not available at this point in time, a written recommendation with regard to this applicant for a liquor license is not being made at this time. If you have any questions regarding this report, please feel free to contact me. Sgt. Jim Morowczynski Orono Police Department JM:am i ORONO POLICE DEPARTMENT ORONO POLICE RECORD CHECK REPORT CONTROL WUMBEW (OCA) CONT. AGENCY NCIC lOENT. (CACl /I ^.9 I . /I M N I 0 , 2 . 7| LN3R DATE REPORTED (RPO) TIME RPO JTHP) LOCATION GRID NBR (LGN) MESS. KEY [e . C^7 C • C Cc 2 C /i / ,a \ gc/i Q.y I /I /./ I A /, , , , .1 ■ ■ t / \ l place COMMlTTeO (PLO I KJL» t t I I I I 1 LNBR HflO BADGE N0IS8NI TIME ASIG. ITAS) TIME ARR. <TAR) H /E /I . . /I . I , I/I ■ . . ■ LNBR ISN UOC UCS 3 /HZI /I . ^.9 / O I /E TIME CLR. ITCU // ENTERED C.J.R.S. O HRO Codet ?•Phoni R • B Jdio A • Aljrm I • In Ptrton V . Vii Jil M • Mail T • 0:hif ______AyrrsIcK. o~$r3<?/ p« City DL» /.‘>G//rr A)ciyr^.. OH OL l/j U cP MINCIS ■ i I II NCIC 0^ 0 re^ . f Oeot of Public HoaUh Hcr.neoin Civ. Warrants Lalu. Qt:iuL^ \ J OCT-04-1999 14*. 13 Mon 10-04-99 SOUTH LfiKE MINNETCNKfl PD 612 474 4477 P.02 south I-ahe ety Tine = 2 : : 1 t Adult Master Name Marne and Address JAMES DUANE MN 55361 U^'DERST ’520 ARCOLA LANE •'INNETONKA 3EAC 3ID: ?.ace; W Driv. Lie.: A-536-3 Height; 6 ft. 00 in. •1* scellar.eous : FR-EV: 201 2ND Sx,EXC;PR£* Addition Name: Address: Page: 1 Optional* Phone }»» O-i; N 612/( 7-155-032/MN icht: 190 lbs HOME 474-8549 il Information WORK Date Case Number Action 05/11/99 99000485 M 10/03/98 43661 WA 03/04/98 98000210 A 12/28/97 97001544 C 10/06/94 HA941346 RS C7/25/94 ^4001.089 A A M 12/14/93 93001789 H 10/22/93 93001533 C 10/26/91 910272180 Cl 10/26/91 910273204 Cl 10/26/91 910272206 Cl 10/26/91 910272193 Cl 10/26/91 910272172 Cl 10/26/91 910272164 Cl 09/18/91 91001599 A 09/18/91 910269020 Cl 09/18/91 910269038 Cl VIS 09/13/91 910269012 Cl 09/18/91 910266902 Cl 09/18/91 910266794 Cl 09/18/91 28973 V<A 09/18/91 28974 WA 06/07/90 90000314 C 06/12/86 66020779 Cl Phone #: 612/c4S-G935 Description IM? VEfT- PARKING eVTM-REGISTRATION MlSC OFCR (2) BURGLARY-RES REST ORD/SX? 100695 SEX OFFENSE FR.XT ACQUIRE HANDGUN FOUND PROPERTY OVTM-NO PROOF INS OVTM-EQUIP-ID LA.'^rS OVTM-EQUIP-CLP:: lam? OVTM-EQUIP-NO MORN OVTM-NO CAB CA.RD OVTM-NAM/ADD ON DR3 OVTM-NO DRV DLY IN R OVTM-NO DRV DLY IN R OVTM-STR CCMP-WRN JN OVTM-LOAD NOT SSCURD OVTM-NO ANL INSP DCL VRDL-WRONG CLASS DL OVT M - REG I ST PJVTI ON OVTM-EQUIPMENT theft OVTM - REG ISTRAT ION U 0 c Disposition 9925 E W MU>:i LOT 9079 S 19/TIMBER 9957 E 010 EM.C 3L 324S4 E 201 2ND ST 9999 E 201 2ND ST L5177 E 201 i.'.D Sx 9961 S 010 EXCEL! 9314 E 201 2ND SC 9240 S 7 & -OI HL 9200 S 7 & VN HL 9200 9068 9200 S2C0 9073 9078 9200 9200 9078 9200 9079 9047 T2159 9999 S S s S s 7 7 7 7 7 i '.d: HL i IN KL u & -T. • • • - ^ s 7 £t KL S 7 6 HL S 7 t.• • • • * s s s s E 7 i iD.- HI 7 i HL 7/v:n’E hi 7/VINE HI 331 G£t-:C Vi LK S TflTPL P.02 0CT-26-1SS9 0S:30 SOUTH LAKE MINNETCtsKfl FD s^, •yiiiiiioowia .. vuuriiy OT KEN7rE?IN 1*^ 5609"34Si!¥.?*™^"°"‘-’' ••• • 7 . . * •* 612 47-: 4477 P.02 District Court V ' • •V 3.C. GOC v\ LAKH v'NW" I . • ^ •• • ^ *' ^ if dsnicttlc tijitilri if mofc ihan ft euuna («cc •luched) State of Minnesota vs. NA.ME: firsc, middle, fast JAMES DUANE ANDERST 94074161 PLAI ^'3^3179 "mTo “riToras COURT Case NO .• \ Amended date filed T^b Quf^ Previously Filed >mFF. DEFEfpANT. SERIOUS FELONY SUM.MONS -FELONY XX Warrant ; GROSS MISDM DWl ORDER OF DETENHO.N ' XX GROSS .VGSD.M Date of Birth SJIS CO.NfPLAI.NT NUMBER 01/11/53 27-1 1-4-2321C5 HcNNcPIN CTY t o M I* I. \ I \ T /oZ The Complainaru, being duiy swom, makes complaint to the 'ause to believe that the Deferdant committed the facts establish PROBABLE CAUSE :‘-' VOUR COMPLAINANT. JOHN NIELING. is Public Safety Department as an inve investigated the facts and circuiust following: On July 25, 1994. A.S., a known ad Minnetonka Public Safety Departr.ent had sexually assaulted her earlier of E:-celsxor. Hennepin County, Minn (bave-named Court and slates that there is probable o^ing offense (s). The complainant stales that the'cifoUa^ir^. •• •«- e.nployed by ^he South Lake Minnetonka stigator and in that capacity has ances of this case and ha.s learned the It female reported to the South Lake that the defendant JA.MES DUA^fE ANDERST that day at ANDERST's home in the City asota. A.s. filed a civil suit against the defendant ANDERST in Hennepin Cpunty District Court, Court File EM 94- 17303. A.S. testified on April 17 and 18, medical condition which causes her A.S. Stated that during the faintin dizzy and feels helpless. Dr. Stev decreased responsiveness, appear’ig cause and prognosis were undeterr.in AJi’DERST's home at his invitation. J.S95. A.S. testified that she has a to have headaches and fainting spells. 7 spells she becomes light-headed and »n Kind described this as '’spells ot pale." Dr. Kind indicated that the d. C.n July 25, 1994, A.S. went to .S. was preparing to leave and ANDE.RST cave her a hug, would not let go, and he moved his hands down to her butt •\.S. testified that she bega.n to have a fainting spell. A.s testified that ^J'l'DERST asked her if she wanted to co upstairs and lay down. A.S. told him. •'No.'’ She testified that ANDERST then pushed her uo the stairs and laid her down on the bed. ANDERST wanted. After trying a couple of t:.r.es, A.S. was able to ask for a glass of water. ANDERST car.e back with a THEREFORE, Complainant requests that said DefcrEant, subject to bc:l or conditions of release be: (1) arrested or that other lawful steps be taken to obta 12) lilatned, if already in custody, pending further pro sked her what was going on and w.hat she glass of water and held the glass up to and that sc.d Defendant otherwise be dealt with accordjtg u law. n drfertdsni’s appearance in court: or :eedings; COS;t*L.\l> V*T S >AVE. JCK.N NTEIING Brirf euAorsei to f'rnecute the cjfcnx^t date .Au;ust 24. 1995 rftOSECVTlSC A TTORMEY: NAVr.TITLE « rfre, I ni TTy SLCLT'.vC ATTORnV^ SlSiONAttR FORM B iktJ^AS 3. AJlNESf' - pah ASSrSTAJfT county ATTOR.'JEV ADORsSS.TELt.>»HONE C210 3 GCVZ?,.S7rSN-r 34S-9717/2C9211 CENTER Kcv. I.*;: 0CT-eS-lS99 09:31 SOUTH LfiKE MINNETONKA PD 612 474 4477 P.03 SJIS; 27-11- 4-238105 PAGE 2 OF 4 A.S.^s mouth for her to drink. AND and told her that she was fine now, vaginal area. ANDSRST took A.S.'s his penis and stated. 'Now you know A.S. tried to roll over and get out A.S. fell back down onto the bed. ERST then lied down on the bed with A.S. ANDERST fondled A.s.'s breasts and her tiand and put it down his shorts and onto how big it is, I know you want it.' of bed, but she was unable to do so. ANDERST then got on top of A.S. and straddled her. ANDERST rubbed agaipst her simulating intercourse. He said 'You can't leave me like this. I'r care of it himself. ANDERST told h fuck me.' ANDERST took off his sh put his penis into A.S.'s mouth and throat. The defendant ANDERST testified at initiated the sexual encounter. Torny now.' A.S. told ANDERST to take sr, 'You're either going to suck me or Lrt and pulled down his shorts. ANDERST ejaculated into the back of A.S.'S :he civil trial and claimed that A.S. During her testimony, A.S. stated wanted ANDERST to be held accour.cab she would dismiss the civil suit if the other victims who testified at of them. that she brought the claim because she .e for his actions. A.S. stated that ANDERST admitted what he did to her and :he civil trial and apologized to each On April 19. IS*:* ’, the defendant ANt After consulting with his attorney there may be potential criminal lia4> and admitting the truth of the vict under oath was asked the following responses; ERSr returned to the witness stand, ^nd being advised by the court that illty for both changing his testimony m's account, the defendant ANDERST ■^estlons and gave the following Q: A: C: A: Mr. Ander.st, do you admit that all of the testimony that has been provided during the course of this hearing by [other wifnesses] and A.S. is and was true as it was given?' Yes. Do you -• All of the testiiKony that you have given in this proceeding that wai. in any way inconsistent with their testirriony was false ind you knew it was false when you gave it under oath? ' Yes. OCT-06-1SS9 G9:31 SClTH lake MINNETONKA PD 612 474 4477 P.G4 SJIS: 27-11- 4-238105 The defendant ANDERST also signed the following letter addressed to A. S.: I aclcnowledge that on Jul> contact with you without y consent. I placed my pen; r.y hands over your breasts over her [sic] vaginal ard At the time of the sexual PAGE 3 OF A 25, 1994. I had sexual our freely granted express s in your mouth and I rubbed (outside of your bra) and a (outside of your clothes). contact, I was aware that you suffered from a fainting condition and I was aware that you were suffering from sc I ac)cnowledge that your cc my actions and made it wrc me symptoms of that condition, ndition made you' vulnerable to ng for me to engage in sex with you. I aclcnowledge that because I was older, had my own business, and becav. employed by me, that you held me in a special position of trust. I took advantac trust. I was wrong to puisue sexual contact with you given your vulnerability, of the events of July 25, apologize to you for r.y wr apologize for any pain, eir have caused you. The defendant ANDERST is currently se your boyfriend, [S.S.], was e of that special position of I )cnow that your perspective 1994 are real and valid. I ongful conduct. I truly barrassment, or humiliation 1 out of custody. O F F E N CRIMINAL SEXUAL CONDUCT IN THE EIFl MINN. STAT. 1994, §609.3451, SUED. PENALTY: 0-1 YEAR AND/OR $3000 That on or about July 25, 19914. in S E H DEGREE (G.ROSS MISDEMSA.NOR) 1, SUED. 2 Hennepin County, Minnesota,^ ^ ^mm ^ ^ w ^ ^ ^ » • — JAMES DUANE ANDERST engaged in nonconsensual sexual contact, within the meaning of this statute and §609.341, Subd. 11(a)(i) and (iv). with A.S.,a Icnown adult female. I • ,-v . — •rCL'~-r L^'rE ri;sr-'£TC^-“ ?: .' I Lz % . }•• (^■^gBSSBMBi . f >C 'ferm'-f.;-.- • •:• 55&‘.:'-'^'v V.*. •- .4 i;>'AJ«‘.: - •• V’j^\tt •-.• • • \ .• ....^ *5^ * •»• . • • -- C^^.'• w-'’. . *•■« » » < %>r^2 >1 tr •?* •« .■^.. • .♦ ■hbMHBI. BBBSeBBflHR ^u-fV . A'.IE e.£33i^^^ ' w. • n . ^ c^z • r • r .• TV j? trnmmmmrnmimmmmmmimmma^mmmtm ^^-r. ~’>rf-V, ' fc. ' ~ •“. . ^ v> _ ^4.!. \ .N z bU i A CUu A 1 r G* HEXNEPIS -i, State of Minnesota ^_y * w. • v_> , • \ • i*.*\*» z .*0* w I1.-.-'. , i'~:’C'Z'.: : ■ Mon 10-04-1999 Grid/Fire; GEO Code; Social Security Address Orono Police Department Adult/Juvenile Master Name Detail Report Name and Address ANDER3T JAMES DUANE 2520 ARCOLA LN MINNETONKA BEACH MN County: Optional: Grid Record: Descriptive: Old Address: 201 2ND ST EXCELSIOR County: Moved In:11/16/1998 Family: Name Associates: Name.. Alias: Name Gangs: Name Date Affiliated Date Ended Note Employers: TIME: 02:04 pm PAGE: 1 DOB; Grid/Fire: GEO Code: Moved Out:12/14/1998 Juv. Relationship DOB # Juv. Type* DOB Note Education: School Name Scars/Marks: Location Tattoos: Description Phone Numbers: Number Involvements: DATE CASE 11/14/1998 98006931 11/30/1998 98007251 12/05/1998 98007378 12/12/1953 98007537 05/18/1959 99002855 06/19/1959 99003702 07/24/1999 99004559 09/25/1999 99006125 Danger Notes: General Notes: Ext. Primary Representative Description Location Phone Type Grade leve Remarks ROLE UCR O 9800 0 O M O O 0 9803 9803 9010 9816 9803 9900 9803 DESCRIPTION Incidents-Miscellane Disturbance Disturbance Traffic - Verbal War 911 Hang-Up Disturbance Incidents-Miscellane Disturbance DISPOSITION INITIAL COMPLAINT REPORT Orono Police Department mSS.Ky COHTBOLNUMaSH(CC*) C0?fT. AGENCY HClCI0E?fT.(C4G) IE. c. I i /1^, i/Im.nio .2 .7 i / I.S3 OATc REPQBTED (BPO) mi!R'?CaTsO LCCAr.C‘1 GS-‘.0 H3A C»'5 0* 05 « • H /1 /./ I 7, /. u / f~T , / .Z I / /PLi!:COMMiTTEO /ts? CO e<3A HAD D/O/l 6A0GH rV:A3G TiMSAPa T.MECLR. UCC LCS y 4]/l/^y, / ]/1.(Tii I/Qv ISM ucc L'CS Aitl UR iU iUSPcCT . S'JS A'PORTPAflIY . RP OfFEMOER - CFF v.TTJ.-ss • v.rr v.cr.M -vcr CWiER -CVOI OTOER -OTH CR.'.'ER • CR f W, ~ * ■ * IITf OffZt:>Trn'Af\JC7' Xjtc ^y^-nc-OiU •cl jMA.ME.lAiT ^ JFO '•■•-nlA UAJIC-- ^ c 1. w* r.vc> l-h ^^} nrr sr. ?i‘.1! r.s; ^v^.ma.m£.i/s^^^^^^._ i T)vt^%7z Sf<M ,9-0/-rii :*t; •"■■' a^CfauSJircrx^.:-H iv.) 1 •v: j lA.'.'E iAiT fi'ei ?•■;••0 K. •:<:> :i.i- >■'■• •■I’i..' P • Pr-oni R • Radio F.Fw MiPencn v.visuil U\ • MaJ ILRP.E3T □ CITATION Q V.Ar:. -.3 C JA;'. Q DETCX □ OTHER REPORTS INCLUDED LT.pcuRd □ Prop. Inv2n:c7 C Irr.pIiEil ConsEHl Q AccicJent Report C InC'jeace Report □ PSo’.os C Te;s □ Comm. Vehicle Report C Sto’.emcnts □ Over.vei;ht C Roll Call □ ^7''?‘-r’’ Ol ~:C7^yt'T 07 ,r.//v.r^ . ; 7l;c7 -- ■ ./4rr.Li^ ( {cr7L- o/r-C! L''/ z/'/U/ /r/ 7-“T; 7^ ^ jJ, V> >77 ^J?.Urjiy 07io-ri.'U 77^0- y/f y t ~£.}Cte^,/^ y€7t/7 'TT' ^/loA. . 'LO~7> U tOC7^^,(’x INITIAL COMPLAINT REPORT Orono Police Department C.^3 O' •> I :yr^Tf _________ CCKTHOlWMBEa(CCA) £ , CI 1 / 1 6; 10)1*7 I .?! / / r.M:P:»CP.TtO M, N rmiT Ar.gHCY HClC I0E?(T. (CAG^ 0.2.7 I c, COv OATi ••?CF::3(WP0) / . / I Q ff ,.j> lcca~.:sgr:.‘.o fisa /l/ / / Ui3.^ H^O badge____________ ------------ , , ——------ f)/[T1/n. .y, z./PI/U./ .o .yI/L- BAQCE T.McClfl________ /. /1 <gi {d/ '.‘.iP ISN uoc '.'.2 a ISM 1X5 // ,s ^AASU'r.U ucs SUSPECT • SUS aSrCaT PAarr • rp CFfEf.OEa • Off ■.'.TT?.sSS • V.IT V.CTTM -V.CT 0V.7i£a • CAN OTNEa -OTH oa.'.'a • oa .-------- AJai <<^C jO*4i () ^.nt ^ FJt5T ' lA N K4;C 0 R.% # • . ;,r.‘ ---------------------------------^ riM TT 7i^ rh mi ni (A} ^ ^ -^.•T JO^rs ___£/^i^__Il Sry rcr:.'^ 2 5-^^* fAUsfu/di(/J fJ:--------------------------------------------- n* ..n- /mhC.^s«c. \HK\y I r,.'•V, Z9Z^V«>- » PtAceccMwmEO itk P • PWr.i R-P.llO F*F« I. In Penon V.Vjtill M-VjI AaaEST □ CITATION □ V/Aa.'.tMO □ JAX □ OETOX □ . . OTHER REPORTS INCLUDED Impc'jrdQ Prop. Inventor/ □ Implied Ccnse.-.t □ Accident Report Q Influence Report □ □ Taps Q Comm. Vehicle Report Q Statements Q Over.ve'.phl □ Roll Call □ •r oui^c/' tt/’fU Dccorr<.i _________________ U/lJ lioyyi<__Qjc.—Jrail£i— 1S^ / \ r.i;.Ti^^ci^«§v-n CCWQ !./.CC'.so ».vQ csao Q-»£?.Q -r^— C':5=05Ti0?l: Unfounded □ Cleared 6/ Anest □ ReL O’^er A;e .y □—La.ti.. □ 0 CrV'/CfffS SIGNATURE »r INITIAL COMPLAINT REPORT INITIAL COMPLAINT REPORT Orono Police Department H':SS. KEY COMTROI. NUMBER (OCA) CQHT. AGENCY NCICIDEMT. (CAG^ E. c, I I / ^9 I . . / IM, N I 0 .2 , 7 I "7^ ^1 5^,1 / L'.8 DATE REPOATEO (RPO) TIMEREPOflTEO lOCATlCN 53u‘(0 NBA fl /1 ,s'\ / .^ I /1 I. I l3-.f1 /1 .1/771 / /P\JCl COMMOTED ^ S~/*) A U'lBR HRO3/m/BADGE_______________ mis ASIG._______ TIM- AAR,________ TIME ClR.________ . . C. > . 6 l/fT , / , >-.~S 1 /1 I. / ,3- l/r~/, / 51 / LNiR ISN/irm uoc_____ ucs U.3.^ISN / UOC / ucs AssL Units SUSPECT . SUS REPORT PARTY • RP OFfENOER - CFr V/ITNESS • V/IT VICTIM . V:CT OWJiER • OV.N OTHER • orn DRIVER • OR CCVrlAUtr ^ 11 l\<^ C-| ^ 1;/!“"' V '* -- n-rtl Vl.;:u 0 n. / vv> '•r! ■ Ir^lcA »S /<4.b'r/*V (r;; • . |MAj.iE..;ST ■ vii:»;>K< . »>.% •>.‘)i T ‘•y ;■.*»! ^^AWS ...;i r;.-;; •y i*-* :v.‘ P • Phoni R'Radio F-Fax I • In Person V-ViSUll M • Mail C/? c;? M O) W'i C i ARREST □ CITATION Q WAR?n?.G Q JAX □ DETOX □ •• ••OTHER REPORTS INCl UOED Irpcund □ Prop. Inventory Q Implied Consent □ Accident Report Q Influence Report Q Photos Q Tajs □ Comm. Vehicle Report Q Statements Q Overweight Q RclICailQ ^71 K jO /- n cJ f ^ f € f rL* r . I) ,^ ,v^ c: * f »w / X M (r e' f r L. 1. r f Ic /: •, •*VO 0 ‘i ; / '* t Cx ^ 7.*^ '“.r* .'/nc:r» TO LIlj tlL l!il :o iiTTr □ cirrAHNY □ cc .r * q CHIEF □ IMP cc*.s □ IV/ □ cs: □ other □ 0:3?0STIO,‘l: Unfounded □ Cleared By Arrest □ Ref. Other Agency □ Inactve □ Ot^er OFFICERS SIGNATURE 2 Mtss. Kr^ _____ E. C. ! I / CAT5R£PCRT£0(RP0) Oi L INITIAL COMPLAINT REPORT Orono Police Department CONTROL NUMBER (CCA) CQNT. AGENCY NCKDIDEMT. (CAG) . , ^7,0 / I M. N I 0 . 2 ,7 13,^1.^ XI / lOCALON GR:.*«D NBR ^ ^ I *vi TiM£ R£PCRT£D ‘ I 1 // 1 ^» \ » V PlAC£C0MVfTTTH3 7.S?. rr {^r , r.\ L‘l=R HRO Tl/E!/ BACGE TiME ASiG. ■ // I .Z./ TIME ARR.mi£ CIR. / ^ I ^ I ^1 / LNBR ISN UOC UCS/rgTH/f . v;>.o.3~l/4r' L‘I:R ISN / UCC / UCS AssL UniU SUSPECT - SUS REPORT PARTY • RP OffsNOSR • Off WITNESS • WIT VICTIM -V-CT OWNER • OWN OTHER • OTH OR.NER • OR ^ fll W 111a 1 complaint r\ n . |NAM£ :.A.A n:-:f ^ r .. i'C.P 1 p, r\o - M w V 0 vv> *h y- .-.v >■»'!• t/.v? • ; l'iAi.!E..;;i . V -------------------------^ Vi- <• I*. 1 L\. fvrV * 'LAr ^ Nr.KA -------------------------------------J------------------------------------------------------------------------------- ^ .. ».•; • .* h N V vpL / ^ 1. V.'v ^5^ O ^ ^ \ C* V ;% .... 1‘IA.ME ..t : r :•;■. *•• . .* r. V ' f . t • p • Pncfli R • Racio F-Pix 1 • !n Perscn V-Vsaal M-MaJ c»- c; ?v' * *• WiP.VNG □ JA'L □ CETOX □ OTHER REPORTS INCLUDED ifT.cound □ Prop. InvE.'tor/ □ • Inr.piied Consent □ Accident Report Q ■ Inlluence Report Q Rrctos □ Taps Q Comm. Vehicle Report Q Statements □ Overweight Q RoH Call □ /X f\i fN\/'i t. if r\ r « A V-» ^ ‘ ^‘y /. ^ . o c^\.■ v^,\ U.< IN/. L-. V^U.-r <l>r7.C7/-. T \ (\ Oc \ ^ rv/ “Vr I i f vL ^ ^ V. . •r. or yV/\e- t \L ^ r* X ^ t \ •y\*s. "VVjNj c. w i ^ t » \ l\eA I *X1r r.\ f ^ ^ wV i c ^------ Cs*^{\ }^A {\«^\rr^v u^i.< (L 0*^^\S LjWVi^ c. 1 iL/v/WL^^^AVv^-^__r>v$ig — — X ^ 4c:» /V PrAlW-V^L ^' (\ v*$ ^ . €‘y/. /\n/\#rC"V /\ ,.— \\ .^ «; /.V ArW. V. L^ t_)C.V orv ------, ^ V^i JA»- r‘^r^<\V.* nA- /-»v a r.»^ .i/nA.«x\ Vrs.i i .t^r.tvjL ^t.. T v\a«-Vn*; *\‘*r ^s^~f -*Al\A Dcti' r.‘a. c ----- ;....... >r p I r O^AV»>^V cAvj>»s<^ W\.v»w rV—icki:' MESS KEY E. C. 1 I /O O I INITIAL COMPLAINT REPORT Orono Police Department CONTROLNUMeER (CCA) *''^1. AGENCY NCIC ID5^^T. (CAG) . , / Im.nI 0, 2 . 7 I ^lO^SC^I / INB t>i T DATE REPORTED |RP01 r. H I / rvS REPCRTEO -A / lOCArCN GRIND N3R 1 1 V l\/ /PLACE CC‘/VinED ^<^20 U f V C. LN3R HR3S/H/8A0GE TIM; ASIG . Ci.X 1/I I I rVEASR. / ^ l**~ I TIME CIR.________ /I t. L . ^771 / LN3R I3N /f7571/ UOC UCS . 9.^ .0.01/4T~ LN3R iSN UOC UCS AssL Un*r SUSPECT . SU3 REPCRTPARTY • RP VICTIM - VICT O’.VNER • OV.N OTH OR5 / . / .... / .vrrr.css - WIT CR.7ER • COMPlAiNT IN tA.’ V*- L • vj’ ••V.wV* . |na .v£ . ;.. A I ^rvc. .N.V/ C a .n •' 0 .: 1 .* *. * ' • IflAf.lE .-.'f. . \ ------\.i ' ' K 2. ^ ? 1*^ r^t ^ ^ V T ^ •r f' V ^ _ I V.^ VA X S ^ \ #• • • •IA.VE 1 \ .• . ! * P • Prcre R-?i:o f.Pu I • 1.1 Pifson V.Vsjal M • MU C*ic/l ' M Ar?.;3Ta C.:a 7.CNQ V.i?,V:.G^ JA L □ OETOX □ OTHER REPORTS INCLUDED lir.pcur.d □ Prop. Inventor/ Q Implied Consent □ Accident Report Q Influence Report □ Pnotos □ Taps □ Comm. Vehicle Resort □ Statements Q Over.ve-ght Q Roil Call □ Reporc of a residenc at 2520 Areola Lane engaging in conscruceion activiti over LIus We«keu J ill V jlU Id L J.UU OX Miiiue uuuka BeaCti ClLy OLJIaauca. RepuL tiug pai' wished Co remain anonoyr.ous buC wanted dispatch to relay to rr.e that he w^as on C planning conuuission. RP v/anted resident at io20 Areola Lane citeo for vioiatron city ordinance and a reporc filed Monday at Minnetonka Beach City Hall. i arrived in area ana rrom nearoy zo2U Arcoia Lane couio occasionally near nailgun going off. The noise it made in my opinion was not very loud and again my opinion nowhere obtrusive enough to warrant a citation. No other complaints v;ere received about the noise from other residents in the area. It v/as mv decis to give Che resident a verbal warning, leave him with a copy of the city ordina and advise him that future violations nay restilt in legal arrion. — *NoCe‘‘* If the reporting party would have left a name I would have requeste he fill OM f a w’ri f" r e>ri .stafpmonr rpoarHinff f-Ko inriHpnt" T.'hir’'' T t-Vi ^ o. .p. forwarded to the city attorney for a possible formal complaint. Since the R? rVinc^o fr> .annn^>mr>Mc J _____________ Copy to Minnetonka Beach City Hall. €t i ^ Jf A O wU\___.k f-V ,t'v * Sw’iQ'ic V vVU\ I v-.y.,.-. c:?> TO JL 'SL 12L 'J:- CP Am.vT G cmAnr.v >j cc(,a- q c -‘«d ims cpvs □ lv ; □ cs: 3 other □ OiS=OSTiO.‘l; U.nfounded Cleared By Arrest □ Ref Ct.herAger:y □ Inar-.e □ (^0^:) c; > v/ t k U CA INITIAL COMPLAINT REPORT Orono Police Department VS3S KEY COMTHOl NUM BER (OCA) E. c. I i / 4:y CONT. AGENCY NCICI0£^T.(CAG) . U / M. N I 0 . 2 . 7 IX 6>l O. / COcr> ?C CA LS3 DATE REPORTiO (RPO)TIMS REPORTED LOCATION GRIND NBR • / LOi ‘Y 1..JT /\ .*»»l 1 .A /1 1 1 1 \^ ^ PIAC; CCMMtTTEO "2-^ 7 Vc- Um HnO BACG? I]/®/I V S I o ]T]/ m!E ASIG. LI ^ 11 I / TIME ARB. T , ”} , "L . O / TIMS CLR. / L‘.2^UOC UCS //D?, / /.2^. 9.0 ,X / ^ 1 / •3N / ^ UOC UCS . /till / AssL UniU SUSPECT . SUS REPCRTPAArr • RP CFrENCER • Or? 'WITNESS • WTT VCDM . VCT CV/NER • CAN OTHER . C7H 0R.VER • CR P-r*cre R • r li^O r •fix I • ’n ?s.^cn V.Vsuii M. MiJ ,«v.rLAi? T ^ M.rij.../ 0, V:;v„.v\La__ 1 'll Ct V - _ , _ s"---------------------- V'Vk-WL. W.R lAJL? <srC“K< \ rh^.;r • : |:<AM£ i.-^T m: v *;•: ti - 1.'.'/.n L ^ 7 1'^ ^ / c: V 4— \ tAV-J CC10 ; .v! \ j.- : jNAAie . V •' •• •• .. t V- l-‘- ARr.iST □ CrTAr.ON Q WASr.i'iC □ JA.L □ OETOX □ . .. OTHER REPORTS INCLUDED i(r;c..-d □ Prop- Inver.;:.-/ Q lfr;::;C Censer; □ Accident Re;cft Q lr.f!i;:.r:e Re;:.-: Q P.'^ctes Q Ta;s □ Cemm. Vehicle Re:crt Q Steter.ents □ Over,vei;ht Q Rc:i Call Q Radio call of an ordinance violation corr.plainC. RP Hacker told dispatch his neignoor cTC 252u Areola Lane had 3 cerricAL r..L:\er truck ST hla residbilCe aatl '.■;as doing construction work on his house in violation of city ordinance. P>? aia not wisn a callback out requestec resicent oe ticKetec. I stopped by the Anderst residence and found him to be trov.’elling fresh cement on his drivevray but there was no cement truck present. The troweling ••■■•as not making anv noticeable noise. I gave .Anderst a warninz ticket for the violation. I aid not order him to stop work as he was trowelling a very large nuantirv of fresh cement for his driveway and stopping him would have caused him a major expense. ______ArlpT-qf t-ja■«; \’(^yy iipqpr phn*ir fhe i Tn.gf •» and helieves sorr.e residents of Minnetonka Beach are targeting him with complaints about his construction on U g K/-N—a Kq/^hico r)r>n't- 1 i I-a K i'AnHp»-cr -> i r» ^ p H nn*~ ^'~5^ nf thp_ _ ___ complaints have come from his ir.mediate neighbors and he said they have no problem with him vrorking on his ’nous».--------------------------------------;--------;--------------7-;-------- I later received a request from the RP Hacker to telephone him. I die ■ end edvisod hinv-ees—aotior.-:—in sh-i-s—ir.clderrg-t—I got—thc-' ee-r~-s—in speak.mg- •.•;ith Mr. Hacker that he thought the police department should be' doing a better . cif enforce-- -- . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ..w U .lA. 1 A 1. ;:sYTO '2LL!!JiE!E :jAn.'.Y □ CITYATTW Q COURT Q CHIEF Q IM? c:*.3 □ INV □CS3 D orr-R □ 3 SrOSTlON; Unfounded <2n Cleared B/Aaest □ t y / */ Omi'Agency □inaesvei..-, r/;\ / ^^ 1 nr,i^ r< A V CFrICEffS Sl(jNATaRe^^ C 4 p 'Z 0 £ -^\ r\ • . I \ II 22 Oct 1999 Pri 11:10 AM Check Reglfter City of Orono Check Number Date Name Check Number 60008 60008 A.P.W.A 22-Oct-99 A.P.W.A. Totals Check Number 60008 A.P.W.A. Check Number 60009 AIRTOUCH CELLULAR/BELLEVUE 60009 21-Oct-99 AIRTOUCH CELLULAR/BELLEVUE Totals Check Number 60009 AIRTOUCH cellular/bellevue Check Number 60010 ALL STAR ELECTRIC 60010 60010 60010 21-Oct-99 21-Oct-99 21-Oct-99 ALL STAR ELECTRIC ALL STAR ELECTRIC ALL STAR ELECTRIC Totals Check Number 60010 ALL STAR ELECTRIC Check Number 60011 AUGIES MOBILE CHEF 60011 21-Oct-99 AUGIES MOBILE CHEF Totals Check Number 60011 AUGIES mobile chef Check Number 60012 BCA/FORENSZC SCIENCE LAB 60012 21-Oct-99 BCA/FORENSIC SCIENCE LAB Totals Check Number 60012 BCA/FORENSIC SCIENCE LAB Check Number 60013 BIFFS INC. 60013 21-Oct-99 60013 21-Oct-99 60013 21-Oct-99 63C:3 2l-Oct-99 BIFFS INC, BIFFS INC BIFFS INC BIFFS INC Totals Check Number 60013 BIFFS INC. Check Number 60014 BUDGET PRINTING 60014 60014 22-0ct-99 22-0ct-99 BUDGET PRINTING BUDGET PRINTING Totals Check Number 60014 BUDGET PRINTING Check Number 60015 CHAMPION AUTO STORES Tr2msaction 229.04 JL COUNCIL MEETWG' OCr 2 5 1999 Amount CoamentCllyoFOflOA/O 5.00 5.00 CEU REGISTRATION-GAPPA 362.87 CELL PHONE CHARGES 362.87 336.38 253.35 99.99 HWY LTG, NAVARRE PARK LOT EHERG LTG-COUNCIL CWffiRS CHECK GENERATOR 689.72 27.68 HOT DOG, CHSBRGER 27.68 200.00 BREATH TEST OPER-MCNALLY 200.00 134.95 134.95 134.95 67.47 PORTABLE - BIOERNOOD PORTABLE • SUMMIT BEACH PORTABLE - HACKBBRRY PORTABLE - GC 472.32 156.61 72.43 INITIAL COMPLNT FRMS DWI PACKET ENVELOPES t $ 22 Oct 1999 Fri 11:10 Ahi Check Register City of Orono Check Number Date Name Check Number 60015 60015 CHAMPION AUTO STORES 22-Oct-99 CHAMPION AUTO STORES Totals Check Number 60015 CHAMPION AUTO STORES Check Number 60016 CITY OF LONG LAKE 60016 60016 21-Oct-99 21-Oct-99 CITY OF LONG LAKE CITY OF LONG LAKE Totals Check Number 60016 CITY OF LONG LAKE Check Number 60017 CITY OF WAYZATA 60017 60017 21-Oct-99 21-Oct-99 CITY OF WAYZATA CITY OF WAYZATA Totals Check Hunger 60017 CITY OF WAYZATA Check Number 60018 CITYVIEW PLUMBING & HEATING 60018 21-Oct-99 CITYVIEW PLUMBING & HEATING Totals Check Number 60010 CITYVIEW PLUMBING & HEATING Check Number 6001? CLASSIFIEDS 60019 21-Oct-99 CLASSIFIEDS Totals Check Number 60019 CLASSIFIEDS Check Number 60020 COFFIN & GRONBERG INC. 60020 22-Oct-99 COFFIN a GRCN-BERG INC Totals Check Number 60020 COFi-IN k GRONBERG INC Check Number 60021 CULLIGAN 60021 21-Oct-99 CULLIGAN Totals Check Number 60021 CULLIGAN Check Number 60022 DCA 60022 21-Oct-99 DCA Totals Check Number 60022 DCA Transaction Amount 15.96 15.96 18,548.71 15,395.00 33,943.71 4.867.50 4.067.50 9,735.00 96.32 96.32 30.50 30.50 192.00 192.00 35.30 35.30 85.00 85.00 Page 2 Comments MUD FLAPS FOAM SYS, REPAINT - E12 EQUIP 99 FORD F-350 FIRE PROTECTION 3RD QTR FIRE PROTECTION 4TH QTR VALVE REPAIR KIT EMPLOYMENT ADV - CSO REP CORNER STAKE SOFTENER SERVICE COBRA ADMIN 22 Oct 1999 Fri 11:10 AM Check Register City of Orono Page 3 Totals Check Number 60024 DELTA DENTAL Check Number 60025 DEPARTMENT OF COMMERCE-NOTRN 60025 22-Oct-99 DEPARTMENT OF COMMERCE-NOTRN Totals Check Number 60025 DEPARTMENT OF COMMERCE-NOTRN Check Number 60026 DEPT OF ADM - INTERTECH GROUP 60026 21-Oct-99 DEPT OF ADM - INTERTECH GROUP Totals Check Number 60026 DEPT OF ADM - IN7ERTECH GROUP Check Number 60027 DONALD SALVERDA k ASSOCIATES 60027 21-Oct-99 DONALD SALVERDA Si ASSOCIATES Totals Check Number 60027 DONALD SALVERDA & ASSOCIATES Check Number 60020 DOYLE INC. 60020 21-Oct-99 DOYLE INC. Totals Check Number 60020 DOYLE INC. Check Number 60029 EARt F. ANDERSON k ASSOC. 60029 21-Oct-99 EARL F. ANDERSON li ASSOC. Totals Check Number 60029 EARL F. ANDERSON li ASSOC. Check Number 60030 ELDREDGE TRADING, INC Check Transaction Number Date Name Amount Comments Check Number 60323 DCA •WIRE ONLY 60023 21-Oct-99 DCA - WIRE ONLY 133.44 SPENDING ACCTS - Totals Check Number 60023 DCA - WIRE ONLY 133.44 Check Number 60024 DELTA DENTAL 60024 22-Oct-99 DELTA DENTAL 3.64 NOVEMBER DENTAL 60024 22-Oct-99 DELTA DENTAL 0.94 NOVEMBER DENTAL 60024 22-Oct-99 DELTA DENTAL 7.09 NOVEMBER DENTAL 60024 22-Oct-99 DELTA DENTAL 3.35 NOVEMBER DENTAL 60024 22-Oct-99 DELTA DENTAL 0.94 NOVEMBER DENTAL 60024 22-Oct-99 DELTA DENTAL 5.93 NOVEMBER DENTAL 60024 22-Oct-99 DELTA DENTAL 50.65 NOVEMBER DENTAL 60024 22-Oct-99 DELTA DENTAL 774.16 NOVEMBER DENTAL 847.50 40.00 40.00 190.73 193.73 94.68 94.60 190.45 190.45 4,425.68 4,425.68 NOTARY COM RENEW-PETTIT PHONE SERVICE BOOKS - ADV MGMT PROGRM FLAIL CLEVIS, BOLT WHLCHR ACS. RBBR SRFC-A.V: 1. 22 Oct 1999 Fri 11:10 AM Check Register City of Orono Page 4 Check Transaction Number Date Name Amount Comments Check Number 60030 ELDREDGE TRADING, INC 60030 21-Oct-99 ELDREDGE TRADING. INC 19.25 SHIRT Totals Check Number 60030 ELDREDGE TRADING, INC 19.25 Check Number 60031 EXPRESS MESSENGER 60031 21*Oct-99 EXPRESS MESSENGER 19.65 DEL TO MNDOT Totals Check Number 60031 EXPRESS MESSENGER 19.65 Check Number C0032 FORTIS BENEFITS 60032 22-Oct-99 FORTIS BENEFITS 728.81 NOVEMBER LTD PREMIUM Totals Check Number 60032 FORTIS BENEFITS 728.81 Check Number 60034 G &K SERVICES 60034 22-Oct-99 G Cl K SERVICES 55.11 MATS - PD 60034 22-Oct-99 G fc K SERVICES 42.01 MATS - COUNCIL 60034 22-Oct-99 G 6 K SERVICES 42.01 MATS - ADM 60034 22-Oct-99 G <1 K SERVICES 14.02 UNIFORM - RATHBUN 60034 22-Oct-99 G <1 K SERVICES 74.66 UJIIFORMS 60034 22-0ct-99 G 6 X SERVICES 14.02 UNIFORM-RATHBUN 60034 22-Oct-99 G 6 X SERVICES 8.52 UNIFORM - STEFFENHAGEN 60034 22-Oct-99 G & X SERVICES 74.66 UNIFORMS 60034 22-Oct-99 G Cl X SERVICES 6.52 UNIFORM - STEFFENHAGQi 60034 22-Oct-99 G Cl X SERVICES 77.06 UNIFORMS 60034 22-Oct-99 G Cl X SERVICES 40.61 SHOP TOWELS 60034 22-Oct-99 G Cl X SERVICES 8.52 UNIFORM - STEFFENHAGi 60034 22-Oct-99 G Cl X SERVICES 14.02 UNIFORM - RATHBUN Totals Check Number 60034 G C. K SERVICES 473.74 Check Number 60036 GENUINE PARTS CO. 60036 22-Oct-99 GENUINE PARTS CO.100.61 CHAIN 60036 22-Oct-99 GENUINE PARTS CO.3.41 FUSE HOLDER 60036 22-Oct-99 GENUINE PARTS CO.37.74 SHOP SUPPLIES 60036 22-Oct-99 GENUINE PARTS CO.5.09 OIL FILTER 60036 22-Oct-99 GENUINE PARTS CO.-42.46 RETURN-BULB,CABLE Til 60036 22-0ct-99 GENUINE PARTS CO.2.04 SCREW 60036 22-Oct-99 GENUINE PARTS CO.26.61 FLOOR MAT 60036 22-Oct-99 GENUINE PARTS CO.8.50 MISC SUPPLY 60036 22-Oct-99 GENUINE PARTS CO.31.94 SEATBELT 60036 22-Oct-99 GENUINE PARTS CO.23.57 OIL FILTER, OIL 22 Oct 1999 Fri 11:10 AM Check Register City of Orono Check Transaction Number Date Name Amount Comments Check Number 60036 GENUINE PARTS CO. 60036 22-Oct-99 GENUINE PARTS CO.6.74 FILTER 60036 22-Oct-99 GENUINE PARTS CO.13.90 SUPPLIES 60036 22-Oct-99 GENUINE PARTS CO.17.00 SUPPLIES 60036 22-Oct-99 GENUINE PARTS CO.22.07 THINNER, Totals Check Number 60036 GENUINE PARTS CO.256.76 Check Number 60037 HAWKINS WATER TREATMENT GROUP 60037 21-Oct-99 HAWKINS WATER TREATMENT GROUP 1,474.79 CHEMICAL. Totals Check Number 60037 HAWKINS WATER TREATMENT GROUP 1,474.79 Page 5 Check Number 60040 HUEBSCH RENTAL SERVICE 60040 21-Oct-99 HUEBSCH RENTAL SERVICE Totals Check Number 60040 HUEBSCH RENTAL SERVICE Check Number 60041 HUMANE SOCIETY OF WRIGHT CO 60041 21-Oct-99 HUMANE SOCIETY OF WRIGHT CO Totals Check Number 6 0041 HUMA*NE SOCIETY OF WRIGHT CO Check Number 60042 HYDRO SUPPLY CO. 60042 21-Oct-99 HYDRO SUPPLY CO Check Number 60039 HINSHAW &CULBERTSON 60039 22-Oct-99 HINSHAW &CULBERTSON 3,397.30 APPLIC - AUG LEGAL 60039 22-Oct-99 HINSHAW &CULBERTSON 143.00 REVISE LAND USE APPLIC 60039 22-Oct-99 HINSHAW &CULBERTSON 669.48 SAGA HILLS PARK 60039 22-Oct-99 HINSHAW &CULBERTSON 88.00 STUBBS BAY RD CUL-DE-SAC 60039 22-Oct-99 HINSHAW a CULBERTSON 99.00 D.NP7MACMILLAN LAND EXCH 60039 22-Oct-99 HINSHAW a CULBERTSON 170.56 SAGA HILLS PARK 60039 22-Oct-99 HINSHAW &CULBERTSON 40.00 GOETTEN SPECIAL LOT COMB 60039 22-Oct-99 HINSHAW a CULBERTSON 286.00 NATIONAL GAURD DOTY-BORIS 60039 22-Oct-99 HINSHAW a CULBERTSON 1,134.06 LEGAL SERVICE AUG 60039 22-Oct-99 HINSHAW &CULBERTSON 268.00 NELSON DRIVEWAY BASEMENT 60039 22-Oct-99 HINSHAW &CULBERTSON 440.00 KELLY COVE JOINT USB DOCK 60039 22-Oct-99 HINSHAW &CULBERTSON 220.00 ADULT USE STORES 60039 22-Oct-99 HINSHAW k CULBERTSON 33.00 BIG ISLAND MATTER 60039 22-Oct-99 HINSHAW k CULBERTSON 957.54 SAGA HILL PARK ACCESS 60039 22-Oct-99 HINSHAW k CULBERTSON 328.00 ORONO CRCHARD BASEMENTS 60039 22-Oct-99 HINSHAW k CULBERTSON 88.00 HEAD SEWER PROJ Totals Check Number 60039 HINSHAW k CULBERTSON 0,362.82 21.92 21.92 MATS - GOLF COURSE 85.00 05.00 BOARDING CHGS 2,400.67 4" COMPOUND METER 22 Oct 1999 Fri 11:10 AM Check Register City of Orono Check Number Date Name Check Number €0042 60042 HYDRO SUPPLY CO. 21-Oct-99 HYDRO SUPPLY CO. Totals Check Number €0042 HYDRO SUPPLY CO. Check Number €0043 lALEFI €0043 22-Oct-99 lALEFI Totals Check Number 60043 lALEFI Check Number 60044 INTERSTATE BATTERIES 60044 21-Oct-99 INTERSTATE BATTERIES Totals Check Number €0044 INTERSTATE BATTERIES Check Number €0045 JOHNSON* MARY ANN €0045 21-Oct-99 JOHNSON* MARY ANN Totals Check Number €0045 JOHNSON. MARY ANN Check Number €0046 KOEHNEN'S AMOCO 60046 22-Oct-99 XOEHNEN'S AMCCO Totals Check Number 60046 EOEHNEN'S AMCCO Check Number 60047 KUSTOM SIGNALS INC .*0047 21-Oct-99 EUSTCM SIGNALS INC Totals Check Number 60047 ICUSTOM SIGNALS INC Check Number €0048 LAKE COUNTRY CHAPTER €0048 €0048 22-Oct-99 22-Oct-99 LAKE COLTiTRY CHAPTER LAKE COUNTRY CHAPTER Totals Check Number 60040 LAKE COUiriRY CHAPTER Check Number 60049 LANG ASK I. JEREMY 60049 22-Oct-99 LANGASKI. JEREMY Totals Check Number 60049 LANGASKI. JEREMY Check Number 60050 LONG LAKE BIG A AUTO PARTS Transaction Amount 1*489.64 3*890.31 50.00 50.00 117.04 117.04 €.€0 €.€0 9.50 9.50 9*620.00 9*620.00 135.00 135.00 270.00 60.00 60.00 Page 6 Comments 3- COMPOUND METER MEMBERSHIP - B. JOHNSON BATTERY - SWEEPER MILEAGE - WTR PLNT UNLEADED 8164 IN SQUAD CAMERAS KOV 99 SEMINAR - DAVIS NOV 99 SEMINAR - OMAN COURT TIME - LASGASKI 22 Oct 1999 Fri 11:10 AM Check Register City of Orono Page 7 Check Number Date Name Transaction Amount Comments Check Number 60050 60050 LONG LAKE 22-Oct-99 BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS 8.95 LAMP Totals Check Number 60050 LONG LAKE BIG A AUTO PARTS 8.95 Check Numbez* 60051 60051 LONG LAKE 21-Oct-99 POWER EQUIPMENT LONG LAKE POWER EQUIPMENT 932.40 LEAF BLOWER ATTACHMENT 60051 21-Oct-99 LONG LAKE POWER EQUIPMENT 54.23 SAFETY CHAIN 60051 21-OCC-99 LONG LAKE POWER EQUIPMENT 1.87 SOCKET 60051 21-Oct-99 LONG LAKE POWER EQUIPMENT 66.02 MOWER PARTS Totals Check Number 60051 LONG LAKE POWER EQUIPMENT 1,054.52 Check Number 60052 60052 LONG LAKE 21-Oct-99 TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT 2.17 SCREWS 60052 21-Oct-99 LONG lake TRACTOR EQUIPMENT 206.67 FLAIL CLEVIS. HVY BLADE Totals Check Number 60052 LONG LAKE TRACTOR EQUIPMENT 208.84 Check Number 60053 60053 M.A.M.A. 21-0ct-99 M.A.M.A.45.00 1999 MEMBERSHIP DUES Totals Check Number 60053 M.A.M.A.45.00 Check Number 60054 £0054 HAGIC CLEANERS 21-Oct-99 MAGIC CLEANERS 6.68 BLANKETS 60054 21-Oct-99 MAGIC CLEANERS 13.16 BLANKETS Totals Check Number 60054 MAGIC CLEANERS 19.84 Check Number 60056 60056 MEDICA CHOICE 21-Oct-99 MEDICA CHOICE 178.55 MEDICA LOW OPTION 11/99 60056 21-Oct-99 MEDICA CHOICE 357.11 MEDICA LOW OPTION 11/99 60056 21-Oct-99 MEDICA CHOICE 686.54 MEDICA LOW OPTION 11/99 60056 21-Oct-99 MEDICA CHOICE 1,056.16 MEDICA LOW OPTION 11/99 60056 21-Oct-99 MEDICA CHOICE 357.11 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 357.11 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 2,856.86 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 1,060.59 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 178.55 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 1,249.86 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 178.56 MEDICA 11/99 22 Oct 1999 Check Register Pri lit 10 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 60056 MEDICA CHOICE 60056 21-Oct-99 MEDICA CHOICE 170.55 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 1,769.09 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE 7,143.00 MEDICA 11/99 60056 21-Oct-99 MEDICA CHOICE -60.57 CREDIT ON ACCOUNT Totals Check Number 60056 MEDICA CHOICE 17,547.07 Page 8 Check Number 60057 MEDINA ENTERTAINMENT CENTER 60057 21-Oct-99 MEDINA ENTERTAINMENT CENTER Totals Check Number 60057 Medina entertainment center Check Number 60050 MET COUNCIL ENVIRONMENTAL SVCS Check Number 60059 60059 MIDWEST ASPHALT 22-Oct-99 MIDWEST ASPHALT Totals Check Number 60059 MIDWEST ASPHALT Check Number 60060 Minneapolis oxygen company 60060 60060 60060 21-Oct-99 21-Oct-99 21-Oct-99 MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN COMPANY Totals Check Number 60060 MINNEAPOLIS OXYGEN COMPANY Check Number 60061 Mtl COMMERCE DEPARTMENT 60061 2l-Oct-99 MN COMMERCE DEPARTMENT Totals Check Number 60061 MN COMMERCE DEPARTMENT Check Number 60062 MN COUNTY ATTORNEYS ASSOC. 60C62 21-Oct-99 MN COUNTY ATTORNEYS ASSOC. Totals Check Number 60062 MN COUNTY ATTORNEYS ASSOC. Check Number 60063 MN D.A.R.E. OFFICERS ASSOC. 60063 21-Oct-99 MN D.A.R.E. OFFICERS ASSOC 25.00 25.00 60058 21-Oct-99 MET COUNCIL ENVIRONMENTAL SVCS 27,943.11 60050 21-Oct-99 MET COUNCIL ENVIRONMENTAL SVCS -1,355.00 Totals Check Number 60050 MET COUNCIL EN'/IRONMENTAL SVCS 26,580.11 374.68 374.60 95.54 27.00 13.50 136.04 40.00 40.00 30.00 30.00 PLFAA TPAINING-BOBZIEN SWR SERVICE 11/99 PR YR CST ALLOC 11/99 HAND PATCH MEDICAL OXYGEN ACETYLENE, OXYGEN MEDICAL OXYGEN NOTARY APPLICATION-BERJIY DMI TRNG-WITTICE. J JOHNSO 4C .00 FALL CONFERENCE-SCHEONHOF 22 Oct 1999 Fri 11:10 AM Check Register City of Orono Check Number Date Name Check Number Totals Check Number Check Number 60063 NN D.A.R.E. OFFICERS ASSOC. 60063 MN D.A.R.E. OFFICERS ASSOC 60064 MOBILE RADIO ENGINEERING INC. 60064 21-Oct-99 MOBILE RADIO ENGINEERING INC Totals Check Number 60064 MOBILE RADIO ENGINEERING INC Check Number 60065 MTGF 60065 22-Oct-99 MTGF Totals Check Number 60065 MTGF Check Number 60066 N.F.P.A. 60066 22-Oct-99 N.F.P.A. Totals Check Number 60066 N.F.P.A. Transaction Amount 40.00 113.18 113.18 130.00 130.00 115.00 115.00 Page 9 Comments INSTALL ANTENNA MTGF CONF - STEFFENHAGEN NFPA MEMBERSHIP - OMAN Check Number 60069 NAVARRE HARDWARE 60069 2:-Oct-99 NAVARRE HARDWARE 30.20 BUG SPRAY - PICNIC 60069 21-Oct-99 NAVARRE HARDWARE 12.72 ENAMEL 60069 22-Oct-99 NAVARRE HARDWARE 21.82 LINESMAN PLIERS 60069 22-Oct-99 NAVARRE HARDWARE 28.74 SUPPLIES 60069 22-Oct-99 NAVARRE HARDWARE 3.18 GLASS FUSE 60069 22-Oct-99 NAVARRE HARDWARE 11.31 BULBS, CONTAINER 60069 22-Oct-99 NAVARRE HARDWARE 19.16 PAINT 60069 22-Oct-99 NAVARRE HARDWARE 5.62 ZIPLOC BAGS 60069 22-Oct-99 NAVARRE HARDWARE 39.33 BATTERIES 60069 22-Oct-99 NAVARRE HARDWARE 1.60 SCREWS 60069 22-Oct-99 NAVARRE HARDWARE 6.16 WINDER. BATTERY 60069 22-Oct-99 NAVARRE HARDWARE 5.31 PACK TAPE 60069 22-Oct-99 NAVARRE HARDWARE 0.32 GASKET 60069 22-Oct-99 NAVARRE HARDWARE 17.02 VINYL PROTECTANT 60069 22-Oct-99 NAVARRE HARDWARE 34.18 ENAMEL, CHAIN, ANCHOR 60069 22-Oct-99 NAVARRE HARDWARE 2.12 STEEL WOOL 60069 22-Oct-99 NAVARRE HARDWARE 46.84 POWER STRIP 60069 22-Oct-99 NAVARRE HARDWARE 21.04 STAIN, BRUSH 60069 22-Oct-99 NAVARRE HARDWARE 9.35 DOWEL, PIPE 60069 22-Oct-99 NAVARRE Rf\RDWARE 24.42 CCNCRETE/MORTAR MIX 60069 22-Oct-99 NAVARRE HARDWARE 3.93 CLEANER 60069 22-Oct-99 NAVARRE HARDWARE 12.23 CLEANER 60069 22-Oct-99 NAVARRE HARDWARE 2.66 WASP SPRAY 22 Oct 1999 Check Register Page Prl 11:10 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 60069 NAVARRE HARDWARE 60069 22-Oct-99 NAVARRE HARDWARE 11.91 BATTERY, BULK NUTS 60069 22-Oct-99 NAVARRE HARDWARE 25.52 GRAY VULKEM CAULK 60069 22-Oct-99 NAVARRE HARDWARE 34.74 CA'JLK, CAP 60069 22-Oct-99 NAVARRE HARDWARE 10.63 PAINT 60069 22-Oct-99 NAVARRE HARDWARE 41.06 EXT CORDS,PLNT SUPPLIES 60069 22-Oct-99 NAVARRE HARDWARE 0.50 FIN CHARGE Totals Check Number 60069 NAVARRE HARDWARE 483.62 Check Number 60070 NEOPOST 60070 21-Oct-99 NEOPOST 327.00 MAINT CONTRCT-PSTAGE MCH Totals Check Number 60070 NEOPOST 327.00 Check Number 60071 NSP 60071 22-Oct-99 NSP 129.04 ELECTICAL SERVC 60071 22-Oct-99 NSP 546.97 ELECTICAL SERVC 60071 22-Oct-99 NSP 137.17 ELECTICAL SERVC 60071 22-Oct-99 NSP 494.47 ELECTICAL SERVC 60071 22-Oct-99 NSP 84.31 ELECTICAL SERVC Totals Check Number 60071 NSP 1,391.96 Check Number 60072 OFFICE ENVIROMENT BROKTIRS 60072 22-Oct-99 OFFICE ENVIROMENT BROKERS 006.00 INSTALLATION CHGS 60072 22-Oct-99 OFFICE ENVIROMENT BROKERS 5,596.58 OFFICE FURNITURE Totals Check Number 60072 OFFICE ENVIROMENT BROKERS 6,402.58 Check Number 60073 60073 OLD DUTCH FOODS INC. 21-Oct-99 OLD DUTCH FOODS INC Totals Check Number 60073 OLD DUTCH FOODS INC Check Number 60074 PENCE, CHRIS Check Nu-'ber 60075 60075 PERRYS TRUCK REPAIR 21-Oct-99 PERRYS TRUCK REPAIR 10.92 10.92 60074 21-Oct-99 PENCE, CHRIS 39.60 60074 22-Oct-99 PENCE, CHRIS 19.60 Totals Check Number 60074 PENCE, CHRIS 59.20 CHIPS FOR RESALE MILEAGE-SEPTIC CONF MILEAGE - WITNESS FEE 44.00 TCW - SQUAD 105 22 Oct 1999 Frl 11:10 AM Check Nuniber Check Register City of Orono Date Name Transaction Amount Page 11 Ccrjnents Check Number 60075 PERRYS TRUCK REPAIR Totals Check Number 60075 PERRYS TRUCK REPAIR 44.00 Check Number 60076 60076 60076 POWERCLEAN COMPANY INC. 21-Oct-99 21-Oct-99 Totals Check Number POWERCLEAN COMPANY INC. POWERCLEAN COMPANY INC. 60076 POWERCLEAN COMPANY INC. 974.90 797.66 1,772.56 CLEANING SRVC 9/99 CLEANING SRVC 9/99 Check Number 60077 PRAIRIE RESTORATIONS INC. 60077 21-Oct-99 Totals Check Number PRAIRIE RESTORATIONS INC 60077 PRAIRIE RESTORATIONS INC 350.99 350.99 PRAIRIE GRASS SEEDING Check Number 60078 REED VENDING 60078 21-Oct-99 Totals Check Number REED VENDING 60078 REED VENDING 45.50 45.50 CCNCESSICNS FOR RESALE Check Number 60079 60079 60079 60079 60079 60079 SCHARfiER & SONS 21-Oct-99 21-Oct-99 2l-Oct-99 21-Oct-99 21-Oct-99 Totals Check Number SCHARBER k SONS SCHARBER k SONS SCHARBER k SONS SCHARBER k SONS SCHARBER k SONS 60079 SCHARBER k SONS -4.30 25.23 4.30 58.14 6.30 89.67 RETURN - RUBBER MOUNT. FILTER RUBBER MOUNT PI.VS. BELT MISC SUPPLIES Check Number 60080 60080 SCHOENHOFF. JOHN 21-Oct-99 Totals Check Number SCHOENHOFF, JOHN 60080 SCHOENHOFF. JOHN 15.78 15.78 MEAL - GANG TRAINING Check Number 60081 60081 STATE OF MINNESOTA - BCA 21-Oct-99 Totals Check Number STATE OF MINNESOTA - BCA 60081 STATE OF MINNESOTA - BCA 510.00 510.00 CrUN CONNECTION CHGS Check Number 60082 60082 STEFFENHAGEN. RON 2l-Oct-99 Totals Check Number STEFFENHAGEN, RON 60082 STEFFENHAGEN, RON 100.00 100.00 STEEL TOW BOOTS 22 Oct 1999 Fri 11:10 AM Check Register City of Orono Check Number Date Name Check Number 60083 60083 STRINGER BUSINESS SYSTEMS 21-Oct-99 STRINGER BUSINESS SYSTEMS Totals Check Number 60083 STRINGER BUSINESS SYSTEMS Check Number 60084 TALLEN AND BAERTSCrfl 60084 21-Oct-99 TALLEN AND BAERTSCHI Totals Check Number 60084 TALLEN AND BAERTSCHI Check Number 60085 TEMPORARIES-TO-GO 60085 60085 21-Oct-99 21-Oct-99 TEMPORARIES-TO-GO TEMPORARIES-TO-GO Totals Check Number 60085 TEMPORARIES-TO-GO Check Number 60086 TMB CONSULTING INC 60086 60086 21-Oct-99 21-Oct-99 TMB CONSULTING INC TMB CONSULTING INC Totals Check Number 60086 TMB CONSULTING INC Check Number 60087 TOLL GAS & WELDING SUPPLY 60067 21-Oct-99 TOLL GAS & WELDING SUPPLY Totals Check Number 60087 TOLL GAS & WELDING SUPPLY Check Number 60088 TOMCZYK, MARK 60088 21-Oct-99 TOMCZYK. MARK Totals Check Number 60088 TOMCZYK, MARK Check Number 60089 TRACY TRIPP FUELS 60089 21-Oct-99 TRACY TRIPP FUELS Totals Check Number 60089 TRACY TRIPP FUELS Check Number 60090 TWIN CITY HARDWARE 60090 22-Oct-99 TWIN CITY HARDWARE Totals Check Number 60090 TWIN CITY HARDWARE Transaction Amount 175.16 175.16 120.66 120.66 486.00 347.63 833.63 1,602.83 1,276.93 2,879.76 5.70 5.70 25.00 25.00 432.43 432.43 999.25 999.25 Page 12 Comments REPAIRS - FAX MACHINE SEPTEMBER PROSECUTIONS WK END 10/17/99-MEYER WK END 10/10/99 - MEYER ACER COMPUTER W/MONITER ACER COMPUTER CYLINDER RENTAL BADGE REFURBISHING GAS k DIESEL DOUBLE DOOR - WATER PLANT 1 22 Oct 1999 Frl 11:10 AM Check Nundder Check Number 60091 Check Register City of Orono Date Name 60091 UNIV OF MINNESOTA 22-Oct-99 UNIV OF MINNESOTA Totals Check Number 60091 UNIV OF MINNESOTA Check Number 60092 60092 US WEST - SECURITY DEPT 21-Oct-99 Totals Check Number US WEST - SECURITY DEPT 60092 US WEST - SECURITY DEPT Check Nundser 60093 60093 WARNING LITES OF MN 21-Oct-99 Totals Check Number WARNING LITES OF HN 60093 WARNING LITES OF MN Check Number 60094 60094 WAYZATA BAY CAR WASH 21-Oct-99 Totals Check Number WAYZATA BAY CAR WASH 60094 WAYZATA BAY CAR WASH Check Number 6009S 60095 WEST GROUP 21-Oct-99 Totals Check Number WEST GROUP 60095 WEST GROUP Transaction Amount 140.00 140.00 1.80 1.80 105.44 105.44 54.37 54.37 Page 13 Comments MPWA FALL CONFERENCE PHONE SERVICE BARRICADES 319.50 75 CAR WASH TICKETS 319.50 MN CRIM LAW 2000 Grand Total 141,698.60 20 Oct 1999 Wed 1:35 PN Check Register City oi Orono Check Number Employee Name Check Number 046605 046685 JOHNSON. MARY ANN Totals Check Number 046685 Check Number 046686 046686 BERRY* HEIDI N. Totals Check Number 046686 Check Number 046687 046687 HASEMAN. CAROLE A. Totals Check Number 046687 Check Number 046680 046688 HOORSB* RONALD J. Totals Check Number 046688 Check Number 046689 046689 VEE* LINDA S. Totals Check Number 046689 Check Number 046690 046690 KUEHN* THOMAS M. Totals Check Number 046690 Check Number 046691 046691 OLSON. RONALD J. Totals Check Number 046691 Check Number 046692 046692 PETTIT. SANDRA K. Totals Check Number 046692 Check Number 046693 Check Date 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 Page 1 Check Amount 512.45 512.45 672.21 672.21 696.32 696.32 1.591.08 1.591.00 1,073.72 1,073.72 1.019.22 1.019.22 28.53 28.53 057.15 857.15 e 1 20 Oct 1999 Wed 1:35 PM Check Register City of Orono Check Number Employee Name Check Number 046693 046693 ANDERSON, BRUCE L. Totals Check Number 046693 Check Number 046694 046694 BOBZIEN, SUE A. Totals Check Number 046694 Check Number 046695 046695 BORIS, SCOTT W. Totals Check Number 046695 Check Number 046696 046696 CARLSON, MICHAEL B. Totals Check Number 046696 Check Number 046697 046697 CHESWICK, GARY B. Totals Check Number 046697 Check Number 046696 046698 CORNICK, JAMES L. Totals Check Number 046698 Check Number 046699 046699 DEMBOUSKI, JAY C. Totals Check Number 046639 Check Number 046700 046700 ERICKSON, KURT R Totals Check Number 046700 Check Number 046701 046701 FARNIOK, CORREY L Check Date 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 Page 2 Check Amount 429.83 429.85 673.64 673.64 1,145.46 1,145.46 425.61 425.61 1,519.16 1,519.16 1.516.65 1.518.65 1,338.93 1,338.93 1,290.96 1,290.96 1,448.91 20 Oct 1999 Wed 1:35 PM Check Register City of Orono Check Number Employee Name Check Number 046701 Totals Check Number 046701 Check Number 046702 046702 FISCHENICH. DAN T. Totals Check Number 046702 Check Number 046703 046703 FISCHER. CHRISTOPHER K Totals Check Number 046703 Check Number 046704 046704 JOHNSON. JEFFREY Totals Check Number 046704 Check Number 046705 046705 JOHNSON, BRADLEY P. Totals Check Number 046705 Check Number 046706 G46706 MADSON. ADRIENNE M. Totals Check Number 046706 Check Humber 046707 046707 MCNALLY. STEVEN A. Totals Check Number 046707 Check Number 046708 046708 MCNICHOLS, DAVID L. Totals Check Number 046708 Check Number 046709 046709 MOROWCZYNSKI, JAMES Check Date 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-0ct*99 Page 3 Check Amount 1.448.91 1,178.80 1,178.80 1.157.12 1.157.12 163.17 163.17 1,212.26 1,212.26 416.73 416.73 1,058.50 1,058.50 591.78 591.78 1,594.34 I 1 20 Oct 1999 Wed 1:35 PM Check Number Employee Name Check Register City of Orono Check Date Page 4 Check Amount Check Number 046709 Totals Check Number 046709 Check Number 046710 046710 PERSELL, WILLIAM R. Totals Check Number 046710 Check Number 046711 046711 SCHOENHOFF, JOHN B. Totals Check Number 046711 heck Number 046712 046712 TOMCHECR« LAWR0«CE P. Totals Check Number 046712 Check Number 046713 046713 TOMCZYK, MARK W. Totals Check Number 046713 Check Number 046714 046714 WITTKE, ANTHONY A. Totals Check Number 046714 Check Number 046715 046715 HOECHST, ROBYN A. Totals Check Number 046715 Check Number C46716 046716 JENSEN, CHRISTOPHER E. Totals Check Number 046716 Check Number 046717 046717 BOTTENBBRG, WENDY C. Totals Check Number 046717 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 1,594.34 103.39 103.39 1,311.62 1,311.62 449.64 449.64 1,284.62 1,284.62 383.31 383.31 563.65 563.65 404.23 404.23 799.05 799.05 20 Oct 1999 Wed 1:35 PM Check Register City of Orono Check Number Employee Name Check Number 046717 Check Number 046710 046718 DAVIS, MARK L. Totals Check Number 046710 Check Number 046719 046719 GAFFRON, MICHAEL P. Totals Check Number 046719 Check Number 04C720 046720 GAPPA, GREGORY A. Totals Check Number 046720 Check Number 046721 046721 MEYER, WILLIAM C. Totals Check Number 046721 Check Number 046722 046722 OMAN, LYLE E. Totals Check Number 046722 Check Number 046723 046723 PENCE, CHRISTOPHER M. Totals Check Number 046723 Check Number 046724 046724 WEINBERGER, PAUL B. Totals Check Number 046724 Check Number 046725 046/ .'t li'.NKHAUS, JOHN F. lovixto Check Number 046725 Check Date 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct4 20-Oct-99 Page 5 Check Amount 1,048.77 1,048.77 1,170.62 1,170.62 1,575.69 1,575.69 401.56 401.56 315.34 315.34 702.02 782.02 1,065.26 1,065.26 1,123.02 1,123.02 20 Oct 1999 Wed 1:35 PM Check Register City of Orono Check Number Employee Name Check Number 046726 046726 DEBAERE, DONALD L Totals Check Number 046726 Check Number 046727 046727 GREGORY, JAMES D. Totals Check Number 046727 Check Number 046728 04C.728 HANSEN, STEVEV C. Totals Check Number 046728 Check Nup^'.r 046729 046729 OBERAIGNEP, SCOTT G. Totals Check Number 046729 Check Number 04673! 046730 OBRIEN, R/. L. Totals Check N er 046730 Check Number 04673. 046731 PALMER, GREGcRY A. Totals Check Number 046731 Check Number 046732 046732 RATHBON, BARRY J. Totals Check Number 046732 Check Number 046733 046733 SICREEN, DALE S. Totals Check Number 046733 Check Number 046734 046734 ABRAHAMSON, FRED W Check Date 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 Page 6 Check Amount 889.24 889.24 771.94 771.94 784.16 784.16 620.63 620.63 386.21 386.21 646.63 646.63 888.32 888.32 642.99 642.99 179.32 20 Oct 1999 Wed It35 PM Check Number Employee Name Check Number 046734 Totals Check Number 046734 Check Register City of Orono Page 7 Check Number 046735 046735 BLAIR, JANIS A. Totals Check Number 046735 Check Number 046736 046736 DOCKEN, THOMAS H. Totals Check Number 046736 Check Number 046737 046737 MCINTYRE, WILLIAM t. Totals Check Num*jer 046737 Check Number 046730 046738 OAS, DANIEL O. Totals Check Numbtr 046730 Chech Humber 046739 046739 PETERSON, JACK W. Totals Check Number 046739 Check Number 046740 046740 RAICHE, VICTORIA H. Totals Check Number 046740 Check Number 046741 046741 ROSS, JOHN A. Totals Check NufrOser 046741 Check Number 046742 046742 STEFFENHAGEN, RONALD E Check Date 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 20-Oct-99 Check Amount 179.32 125.42 125.42 491.57 491.57 145.23 145.23 63.02 63.02 124.41 124.41 118.96 118.96 155.98 155.^0 20-Oct-99 1,097.20 20 Oct 1999 Wed 1:35 PM Check Register City of Orono Page 8 Check Humber Employee Name Check Date Check Amount Check Number 046742 Totals Check Number 046742 1,097.20 Grand Total 44,527.60 fO o % GlTYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 ^0/'rif Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 OCf October 19, 1999 Cl, f ^ 5 1999 O/- >V(j Mr. Tom Johnson Hennepin County Public Works 1600 Prairie Drive Medina MN 55340 Subject: Minnetonka Beach Application for County Road 15 Pedestrian Overpass Bridge Dear Tom; Thank you for your assistance in obtaining more information on this project. My understanding is that the City of Minnetonka Beach has submitted an application to secure funding for a pedestrian overpass bridge along County Road 15.1 also understand that the specific details for this project are not known yet, and that this project will require further review and Hennepin County approval before funding is secured. The Cit}’ of Orono has not received any communications from Minnetonka Beach regarding this project. We have concerns about this project that we would like to make known early in the process before any design decisions are made. The City of Orono is concerned about the impacts of a pedestrian bridge over County Road 15 on the transportation of boats along this route. There are several Lake Minnetonka marinas located on this road, with many boats being transported from these marinas. Many boats in these marinas are stored for the winter in offsite locations requiring transport twice each season. There are very large boats being transported for which a standard clearance highway bridge would be problematic. Because of Lake Minnetonka, the road network in this area limited with virtually no options to use alternate routes. The City of Orono is requesting that a higher clearance standard be used in the design of any bridges over County Road 15. The use of clearance standards for bridges over railroads may be appropriate in this case. I also understand that the use of State and Federal funding for these projects requires coordination with neighboring communities. The City of Orono is located on both the east and west sides of Minnetonka Beach. We are requesting that the City of Orono be kept informed of the status of this project, and be given opportunities to provide comments on this project. Telephone (612) 2494600 • Fa.x (612) 249-4616 Thank you for your assistance in this matter. Please contact me at 612-249-4621 as more information is available regarding this project. Sincerely; Gregory A. Gappa Director of Public Services Copy: Ron Moorse City Administrator Mayor Gabriel Jabbour and Orono City Council Members