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HomeMy WebLinkAbout11-08-1999 Council PacketCOUNCIL MEETING NOV A 1999 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 8,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWA^,‘iyiW«^6pWQNN'ESOTA (*) 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 APPROVAL OF MINUTES *2. Regular Council Meeting of October 25, 1999 ^PARK COMMISSION COMMENTS - Andrew McDermott, Representative ANNING COMMISSION COMMENTS - Dan Kluth, Representative yPUBLIC COMMENTS - (Limit 5 Minutes Per Person) Z(^TNG ADMINISTRATOR’S REPORT /i.#2522 Bancor Group, Inc., County Road 6 and Willow Drive North - Denial of Rezoning and Comprehensive Plan Amendment - Resolution >4. #2527 Minnehaha Creek Watershed District - Painter’s Creek - Conditional Use Permit - Resolution *5. #2528 David and Patricia Yorks, 2825 Casco Point Road - Variances - Resolution *6. #2529 Brent Bentrott, 1453 Park Drive - Variance Renewal - Resolution ^ 7.#2532 Herman and Marilyn Crawford, 4745 North Shore Drive - Variances - Resolution #2535 Render Development, Inc., 1315, 1335. 1355 Tonkawa Road, 3430 North Shore Drive - Class III Subdivision - Resolution _^>^2537 Adult Use Ordinance MAVOR/COUNCIL REPORT 10 Proclamaiion of Housing Week - Resolution ENGINEER REPORT *11. Extension of Hennepin County Electronic Property Database Agreement - Resolution *• \1. Request for Payment - North Femdale Road Project Award Contract for Head Property - Sanitary Sewer Project ^ 14. Policy for Sanitary Sewer Connection *15. St Edward’s Church Sanitary Sewer and Water Connection *■ 16. West Femdale and Highway 12 Lift Stations CITY ADMINISTRATOR’S REPORT ^TT^.Access Alternatives for 4545 Wayzata Boulevard ^ Joint Powers Agreement for West Hennepin Recycling Commission - Resolution 19.COPS in Schools Grant AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 8,1999, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 20. P.enew Participation in Livable Communities Act - Resolution ^ 21. Reclassification of Deputy Clerk ^ 22. Year 2000 Non-Union Employee Pay Adjustments and Insurance Contributions 23. Conversion of Dakota Rail to Recreational Trail - Resolution CITY ATTORNEY'S REPORT * 24. LICENSES * 25. BILLS UPCOMING ISSUES AND EVENTS 1999 11/08 11/11 11/15 11/17 11/18 11/22 11/22 11/25 11/26 12/02 12/06 12/06 12/13 12/16 12/23 12/24 12/31 - Council Meeting, 7;00 p.m. - HOLIDAY, VETERANS' DAY - Planning Commission Meeting, 6:30 p.m. - Mn/DOT Public Hearing/Open House re: Preliminary Layout, Orono High School Cafeteria, 5:00 p.m. - Long Lake/Orono Consolidation Study Committee Meeting, 4:00 p.m. - Council Work Session, 5:00 p.m. - Council Meeting, 7:00 p.m. - HOLIDAY, THANKSGIVING - HOLIDAY, THANKSGIVING - Long Lake/Orono Consolidation Study Committee Meeting, 4:00 p.m. - Truth in Taxation Hearing, 7:00 p.m. - Park Commission Meeting, 7:15 p.m. - Council Meeting, 7:00 p.m. - Long Lake/Orono Consolidation Study Committee Meeting, 4:00 p.m. - HOLIDAY, CHRISTMAS - HOLIDAY, CHRISTMAS - HOLIDAY, NEW YEAR'S t ^ irr—i.f Public A ttendance Meeting D ate H / / C ouncil O Planning C ommission Park C ommission Please fill out the information □ Other REQUESTED BELOW FOR OUR CITY RECORDS. V^l: NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1.2/ul y C*) ( j 'r’T. A ^r O '', --'-j i' 3. 7^^ y- c 4.. 5.. 6.. 7. 9. 10.. 11. 12.. 13. 14. 15. Xi\Am\WrWIN«KWI1>OCSVFOR»ISWBUCATT COUNCIL MEFTINQ NOV 8 1999 Cll Y OH OHONO a ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 ROLL The Council met on the above mentioned date with the following members present; Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint and Bob Sansevere. Representing Staff were Cit>' Administrator Ron Moorse, City Attorney Tom Barrett. Zoning Administrator Paul Weinberger, Assistant Zomng Administrator Wendy Bottenberg, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, Senior Planning Coordinator Michael Gaffren, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA (#1) APPROVE/AMEND Items 4,6, 7, 8, 12, and 14 were added to the Consent Agenda. Flint moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE; Ayes 5, Nays 0. (#2) SALLY KOENECKE, LAKE MINNETONKA CABLE COMMISSION - 2000 PROPOSED BUDGET Sally Koencckc and Tim Pattrin, Lake Minnetonka Cable Commission, were present. Pattrin addressed the Cit>’ Council regarding their budget for the year 2000, noting that tlie Lake Minnetonka Cable Commission has recently negotiated a new agreement u ith Triax Cablevision. Pattrin stated that a new studio facility has been constructed in Spring Park to replace the facility in Excelsior. With the recent addition of Mound to the Lake Minnetonka Cable Commission as well as the PEG fee, revenues generated by the Lake Minnetonka Cable Commission have increased. Mayor Jabboui thanked Sall\ Koeneckc and Tim Pattrin for their efforts on the Lake Minnetonka Cable Commission Pattrin commented that the proposed legislation to eliminate franchise fees at the local level would cause the local franchises to be without a source of revenue, local control over casements would be lost, and it would be difficult for a consumer to receive adequate service. Flint inquired whether cable tv will be playing a part in bringing additional media services into the private residence. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25.1999 {#2 Lake Minnetonka Cable Commission, Continued) Pattrin stated in his view cable will just be a small part of the package in the future as it relates to the conununication/media business. Pattrin stated the system will be upgraded to a 750 megahertz system, replacing the current 400 megahert; svstem, which will enable the viewer to access 75 to 80 channels. Internet access is also planned Kelley moved, Flint seconded, to approve the Lake Minnetonka Communications Commission Year 2000 Budget. VOTE: Ayes 5, Nays 0. Pattrin remarked that one of the aspects of the new contract is the availability of fiber usage at a lower rate. Koenecke stated she would like to thank Ron Mootsc, City Administrator, for participating in the Tonka Report every month. APPROVAL OF MINUTES *(«3) REGULAR COUNCIL MEETING OF OCTOBER 11,1999 Flint moved, Peterson seconded, to approve the minutes of . he Regular City Council meeting of October II, 1999, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Andrew McDermott, Representative McDermott addressed the Cit>' Council regarding the receipt of a letter from the Saga Hill Preservation Society inviting the Cit> Council to an awards banquet in appreciation of the City's efforts to preserve the Saga Hill area. McDermott indicated he was impressed with tlie progress made on the Saga Hill Park to date, noting that he has not heard any negative comments concerning this park to date. McDermott stated that 'here is ample interest iri improving the Navarre Park, noting that several local neighborhood meetings have been held vsiih the local residents and that work is underway on a concept plan for this park. The Parks Commission is also exploring the possibility' of construction of a half-court basketball court at Casco Point Park McDermott stated that they are '■onsidering other uses for this park since only a smuU portion of the park is being utilized at the present time McDermott extended his thanks to the Hennepin Park System for their improvements to the Ciystal Bay Road Trail as well as the work along County- Road 6. Mayor Jabbour commented that Dr. Adam, along with his neighbors, have spent a considerable amount of time cleaning up a section of Big Island. Jabbour thanked them for all their Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1999 (Park Commission Comments, Continued) efforts at helping to clean up this area, and invited the members of the community to take pride in their community. LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative L:ili McMillan addressed the City Council regarding the efforts of the Lake Minnetonka Conservation District and the formation of a Task Force to review the activities that have occurred on Big Island this past year and possible implementation of regulations to maintain better control of this area. McMillan stated that unfortunately the sheriffs department is not in a position to give this area high priority and that Orono will need to rely more on their local police department to help police this area. McMillan stated that there is a case under appeal right now which the LMCD is contesting dealing with an arrest by a volunteer special deputy. Mayor Jabbour commented that the use of the special deputies is a very effective way to police this area. McMillan stated another issue that has arisen is residents desiring to access the lake through the wetlands, which wll need to be reviewed closer in the future. McMillan stated that the DNR would prefer that a longer dock would be installed versus dredging of the wetland. Mayor Jabbour stated a work session has been held recently to discuss stormwater management where some of these issues were raised. McMillan commented that there is grant money available to Cities who desire to restore the lakeshore, which could perhaps be obtained. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative Sandy Smith stated she had no comments at this time but would be available throughout the evening for any questions by the members of the City Council. PUBLIC COMMENTS David Lovelace, 15331 Excelsior Boulevard, Minnetonka, suggested that the boundary between the boats be changed to reduce the number of boats along Lig Island Mavor Jabbour stated that item will be discussed at a meeting on Thursday morning. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25.1999 ZONING ADMINISTRATOR’S REPORT *(#4) #2519 MATTHEW AND ROBIN STALOCH, 4705 WATERTOWN ROAD VARIANCE - RESOLUTION NO. 4366 Flint moved, Peterson sefronded, to approve and adopt RESOLUTION NO. 4366, a Resolution Granting an Amendment to a Variance to Permit Construction of an Accessory Structure Betw«>cn Principal Building and the Street. VOTE; Ayes 5, Nayc 0. (#5) #2522 BANCOR GROUP, INC, COUNTY ROAD 6 AND WILLOW DRIVE NORTH PRELIMINARY PLAT OF WILLOW VIEW Marty Campion and David Nc.'-man, Bancor Group, Inc., were present. Weinberger stated that the Applicant has submitted an application for a 58 acre parcel located at the southwest comer of County Road 6 and Willow Drive North. The Planning Commission and Cit>' Council has reviewed the proposed development as a sketch plan. Weinberger stated that the prcliminaiy plat application requires a number of approvals for the subdivision, namely, rezoning of the property which is currently zoned RR-IB. The Applicants are requesting that the property be rezoned to R>1 A to allow one acre per unit density and to develop the propert>‘ as a Planned Residential Development. The surrounding properties to this site include t\vo acre densitv cast of Willow Drive, low densit\' residential north of County Road 6, the Orono School Campus, with the future middle school site to the west, and possible townhome or office use along Highway 12 and Kelley Parkway to the south. It may be appropriate to utilize this property as a buffer zone between the mixed uses surrounding the proposed development. Development of this site as a PRD would allow for the creation of conservation outlots along County Road 6 and Willow Drive, with the highest density of lots being located w ithin the interior of the property. The Planning Commission has reviewed this application and is recommending denial on a six to zero vote based on the following; One, the Planning Commission is not in a position to change the Comprehensive Plan, two, if the propcrt>' is rezoned, it should be to provide an alternate housing sty le or provide for a housing need not currentU’ being met. and three, the proposed number of lots may be too dense. Weinberger noted that municipal sewer and water are available to this site, with the proposed development of the property taking adv antage of the services available. Weinberger stated that the Applicants have provided three revised concept plans based on the recommendations of the Planning Commission and comments from the adjacent property owners Mayor Jabbour indicated that he would rather not review the revised concept plans at this time due to the fact that a public hearing has not been held which would enable the general public to comment on the revised concept plans Jabbour noted that the Cit\ Council generally follows the recommendations of the Planning Commission and that their input is desired before a decision Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1999 {k2522 Bancor Group, Continued) is made on any application Neuman stated that he agrees philosophically uith what Mayor Jabbour is saying, but that in his opinion there is not a need for another public hearing to discuss the revised concept plans since the Bancor Group has taken the recommendations and comments from the neighbors into account when revising the concept plan, which is the purpose behind a public hearing. Newman stated he ha.v met with Johnston, one of the residents representing a number of the neighbors, and reviewed the revised concept plans with him. The suggested changes by Johnston have been incorporated into the revised concept plans as well, with the revised concept plans being distributed to the adjoining property' owners. Newman commented in his opinion it would be appropriate to look at the revised concept plans at this time since the directions of the Planning Commission and comments from the adjoining property owners have been taken into account when the new plans were being developed. Mayor Jabbour reiterated that he would like the input from the Planning Commission on the revised plans before the City Council proceeds on this application. Flint commented that he would also like the input of the Planning Commission before this item is discussed further. Flint indicated that at this time he would not be in favor of rezoning the property. Sansevere stated that he attended the Planning Commission meeting when this item was discussed and that he would like to get input from the Planning Commission and the general public before he makes a final decision regarding this application. Mayor Jabbour inquired of the City Attorney whether the rights of the Applicant would be v-iolated if the City Council does not proceed forward with this application at this time Tom Barrett, City' Attorney, stated due to the inconsistency with the Comprehensive Plan, the City Council has the right to deny the application. Barrett stated the issue before the City Council at this time is whether the property should be rezoned. Barrett inquired whether a formal request for rezoning of the property has been receiv ed by the City . Weinberger stated that as part of this application the Applicant is requesting rezoning of the site. Barrett indicated that rezoning is mainly a political judgment based on the direction that the members of the City Council would like to sec the City go. Newman commented that he would be willing to war i any judicial rights if the City' Council wishes to return this application to the Planning Commission. Mayor Jabbour stated that it would be his preference that this application go back before the Planning Commission Jabbour commented that his vote will not be persuaded due to the popula- opinion of the residents, but will be based on what is best for the City of Orono. Jabbour stated Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25.1999 (#2522 Bancor Group, Continued) it is his opinion that rezoning of the property for this type of housing is not the best option f(r the City, noting that it impacts the adjoining properties, an alternate type of housing is not being provided with this development, and there is a lack of open space being prop' ".ed with the subdivision. Newman stated that the plan being presented tonight is different due to the comments of the public and the Planning Commission, noting that the Bancor Group is w illing to address the concerns and desires of the r '■idents of Orono. Newman remarked that he w as not aw are that there w as adequate support for alternate style housing on this site. Maj ir Jabbour commented that he feels tlie City- Council should adhere to the Comprehensive Plan as well as being proactive in identifying the future needs of the community. Jabbour stated that he would be willing to vote on the rezoning issue at this time, but that his preference would be to resubmit this application to the Planning Commission so the proper public process may be followed. Flint commented that in his view the issue of rezoning should be looked at Jointly w ith what the developer is proposing rather than separately. Flint stated that the area is zoned two acres and should not be rezoned until a PRD application is submitted that shows a compelling reason to change the zoning in this area. Newman stated that the poor soil conditions and high water table are two reasons behind the proposed higher density-. Kelley stated that a PRD does make sense for this particular parcel of property. Newman remarked that they have taken numerous steps to develop a plan that would be suitable for this property. Newman inquired whether any portion of the application fees on this application would be refundable if they decide to resubmit a new application. Moorse stated that a portion of the fees may be refundable, noting that he is unaware at this time how much of the application fee has been expended. Mayor Jabbour suggested that a vote on the rezoning be taken, with a new application being submitted that is more in compliance with the Comprehensive Plan. Jabbour moved, Peterson seconded, to deny the portion of Application #2522 dealing with rezoning of the property located at County Road 6 and Willow Drive North based on the recommendation and comments of the Planning Commission, with the portion of the application dealing with the subdivision being tabled at this time, with resubmittal to the Planning Commission for their review and comment. Weinberger stated that this application is also requesting an amendment to the comprehensive plan. Page 6 ORCNO CITY COUNCIL MEETING MINLTES FOR OCTOBER 25.1999 Jabbour amended his motion to include denial of the comprehensive plan amendment to guide the land use designation from two acre density to one acre density. Peterson seconded the motion. Mayor Jabbour inquired whether there were any public comments regarding this application. There were no public comments. VOTE ON MOTION: Ayes 5, Nays 0. #2531 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - RENEWAL VARIANCES - RESOLUTION NO. 4367 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4367, a Resolution Granting Renewal of Variances to Allow Remodeling and Expansion of the Existing Residence Located at 815 Partenwood Road. VOTE: Ayes 5, Nays 0. *(#7) #2538 ROB AND TORI JAFFRAY, 540 BARRETT AVENUE - VARIANCE - RESOLUTION NO. 4368 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4368 a Resolution Granting Variances to Permit Construction of Dormers on the Second Story of an Existing Residence Located at 540 Barrett Avenue. VOTE: .\yes 5, Nays 0. *(#8) #2541 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH. FINAL PLAT OF PHILLIPS WOODLAND TERR^\CE THIRD ADDITION - RESOLUTION NO. 4369 Flint moved, Peterson seconded, to approve and adopt RESOLliTION NO. 4369, A Resolution Approving the Plat of Phillips Woodland Terrace Third Addition. VOTE: Ayes 5, Nays 0. (#9) REQUEST FOR DOCK ACCESS - DAVID LOVELACE, 220 BIG ISLAND David Lovelace, Applicant, was present Weinberger stated the Applicant is requesting dock access to hii propcrt> located at 220 Big Island. Back in April, 1999, the City Council granted a lot area \ arianee for this property to permit the construction of a seasonal dwelling on the property. As of today's date, the City has not received a request for a building permit from the Applicant. The propertN is 4 3 acres in size and is landlocked. This property is one of several lots on Big Island that potentially will request dock rights Weinberger stated that according to Municipal Code, installing, maintaining, keeping or using a private dock on any platted public right-of-way, when such a dock has been specifically authorized as part of a permit issued by the Council, is allowed Not more than one seasonal dock Page 7 IL ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25.1999 {H9 Request for Dock Access, Continued) will be approved for access to any one property. City Staff is looking for direction from the City Council on development of a dock policy relating to inland lots on Big Island without lake access. The Code states that these issued permits are to be valid for one year and shall be subject to change, alteration or revocation for cause by the City Council at any time, and shall be automatically renewable on the anniversary of the date e,\cept upon written notice from the City^ to the permittee at least 30 days prior to the anniversary date. Weinberger stated that any formal requests for permits on Big Island do require a public hearing with the Planning Commission or the City’ Council and notice to all adjacent property owners within 350 feet. Weinberget remarked that the issues for the City’ Council to discuss tonight include whether dock rights should be fof ether property owners w-ithout any other access Some of the parcels on Big Island are held in ■< mon ownership but are not combined for ta.\ purposes into one ta.\ parcel. Potentially the indir^eual lots could be sold to several owners that may request access in the future. The permit approved by the City Council per Resolution No. 2038 permitted a dock in favor of property located at 230 Big Island. A condition of approval w as any other requests for docking at the Bay Place site would cause the permit to be revoked immediately. Lovelace stated he understands the concerns of the City Council, noting that there is currently a dock access that has been granted by the City. Ma\ or Jabbour commented that that dock access would need to be rev oked if a new dock access is granted. Lovelace stated that he would net object to sharing this boat access with the adjoining property owners. Mayor Jabbour stated that according to LMCD code, the dock must be located 25 feet from the property’ line. Sansevere inquired how many boats could be accommodated on that 90 foot parcel. Mayor Jabbour stated that a minimum of six boats, which should take care of the landlocked p’lrcels. Jabbour stated the general public has access to the lake through Citv-owned docks and that the City’ Council should recognize the present laws governing docks. Lovelace stated he was aware at the time he purchased this propertv that the land was landlocked and that the City has an ordinance allowing the landowner to request dock access Lovelace stated he is requesting a permit to allow the dock access, and that an option would be to share dock access with the adjoining neighbors. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1999 {it9 Request for Dock Access, Continued) GafPiron stated an issue to be reviewed is whether the roadways constructed on Big Island were intended for general public access or whether they were constructed to provide access to the properties. Gaffron stated a number of complaints have been received regarding security due to the general public utilizing those roads. Kelley commented he would be in favor of a dock at this location, with the Applicant being required to have the license renewed yearly. Lovelace aclmowledged that maintenance of the dock would be his responsibility and that he would retain the appropriate liability insurance coverage. Sansevere inquired how maintenance of the dock would be handled if there were multiple owners. Mayor Jabbour stated tliat a homeowners association would need to be created to oversee the dock. Jabbour suggested that a dock be provided, w ith a public hearing being held to enable the local citizens to comment on this issue. Lovelace stated that some of the residents of Big Island do currently share docks. Lovelace acknowledged that he is not IcgalK’ permitted to leave his boat at a public dock for an extended period of time. Kelley suggested that the length of the dock be limited. Mayor Jabbour stated that the dock should not exceed 24 feet. Moorse indicated that City Staff w ill prepare a resolution outlining the items discussed for review and approval by the City Council. MAYOR/COUNCIL REPORT Mayor Jabbour indicated that a number of meetings regarding consolidation of Long Lake and Orono have been held, with issues dealing with land use currently being discussed. Jabbour stated that a member of the consolidation committee pointed out that the City Council does not have the authority to deny an application if it is in compliance with the City's Comprehensive Plan and Ordinances. Jabbour invited the general public to attend the consolidation meetings. Flint inquired what progress has been made on the Dakota Rail to Trail project. Mayor Jabbour stated that the October 14th deadline has been e.xtended 30 days. Jabbour stated it was his understanding the railroad will cease to operate at that time. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25.1999 (Mayor/Council Report^ Continued) Mayor Jabbour commented that the City Council had authorized the Mayor and City Administrator to enter into negotiations with Paul and Kathleen Larson to purchase approximately a 2.5 acre parcel at 3790 Shoreline Drive to be dedicated as park land. Authorization is needed to permit the Mayor and City Administrator to sign the purchase agreement. Barrett stated that there should be a resolution of the City Council authorizing the City Administrator to enter into the puchase agreement. Kelley moved, Sansevere seconded, to approve 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 Fund budget to reflect the expenditure. Flint questioned why the monies were not being allocated out of the Park Dedication Fees. Moorse commented that the Park Dedication Fund does not contain sufficient funds at this time. Flint remarked that the allocation could be considered a loan Barrett stated any time the City utilizes Park Dedication Fees, there is an assumption that the land will be dedicated for park land and not for any other purpose. Mayor Jabbour stated that the City needs to be absolutely sure that this land will be used as park land in the future, noting that the property owner has been notified that the intent of the City ’ Council is to designate this as park land. Jabbour stated that there is a possibility that the land will be split in the future. Flint commented that the City is interested in creating a park in this area, and that perhaps acquisition of other parcels of property in tills vicinity could also be obtained. Barrett stated that in his opinion any time the Cir.' designates a piece of property as park land, there is a strong public policy that protects that land, and if the City is interested in having some flexibility with the land, allocation of the purchase funds out of the general budget rather than the park dedication fund would enable the City to have some flexibility with the land. VOTE ON MOTION: Ayes 5, Nays 0. Jabbour moved, Kelley seconded, to adopt a resolution to authorize the City Administrator to execute the purchase agreement for the purchase of property at 3790 Shoreline Drive on behalf of the City of Orono. VOTE: Ayes 5, Nays 0. ENGINEER REPORT Tom Kellogg, City Engineer, had nothing to report Page 10 ORONO CITY COU:4CiL MEETING MINUTES FOR OCTOBER 25,1999 CITY ADMINISTRATOR’S REPORT (#10) 200 HOLLANDER ROAD - CONCERNS OF PROPERTY OWNER Moorse stated that the property owner is unable to attend tonight's meeting. Kelley commented that this is the second time this item has been on the Council’s agenda. Mayor Jabbour commented that the property owner is free to contact the members of the City Council at any time, but that he should continue to bring this property into compliance. Flint inquired whether the City will proceed fonvard with action to bring this propert)' into compliance as stated in the October 8, 1999 letter from Lyle Oman. Moorse stated that the Cit>' will proceed with bringing this property into compliance with the property owner being assessed or billed for any costs incurred b>- the Cit> in enforcing the zoning code. (#11) PURCHASE OF LAND MANAGEMENT SOFTWARE (GOVERN) Moorse stated that City Staff is requesting authorization for the purchase and installation of new land management software to make the system Y2K compatible. City Staff is recommending purchase and installation of Govern and AreView Land Management software. Sansevere questioned the costs associated with assessment and requirements analysis, noting that this is a majority of the costs. Moorse stated that the price is based on the amount of time the vendor is e.xpecting it will take to implement the system. Moorse stated that he has received good comments regarding this system from other communities. Kelley inquired whether the budget surplus is sufficient to cover these costs. Mayor Jabbour pointed out that some of the surplus has been designated tow ards the c.xpenses associated with reviewing the possibilit)’ of consolidation of the two cities Moorse indicated that the funds allocated towards this purchase arc anticipated to be repaid back over the next four years. Flint moved, Kelley seconded, to approve the proposal from GeoAnalytics for the purchase and implementation of Land Management Software (Govern and Arc View) at a cost of SSI,080.00, to be funded from the Improvement and Equipment Outlay Fund, and to approve a budget adjustment to reflect the expenditure. V'OTE: Ayes 5, Nays 0. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25.1999 *(#12) RESOLUTION IN SUPPORT OF COOPERATIVE HOUSING EFFORTS IN THE LAKE AREA - RESOLUTION NO. 4370 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4370, a Resolution in Support of Cooperative Efforts Among the Lake Area Cities to Meet the Area's Housing Needs. VOTE: Ayes 5, Nays 0. (#13) UPDATE ON SEPTIC REGULATIONS Moorse indicated he would like to discuss this item at a work session Gaffron stated that Chris Pence has drafted a memorandum regarding the changes to the Minnesota On-Site Sewage Treatment Code. Gaffron stated that one of the changes to the Code will require the operating permit to be valid in five year increments, with the homeowner being required to renew the operating permit every five years. Gaffron recommended that the City Council review this document carefully. Mayor Jabbour requested this item be scheduled for a work session. *(#14) ACCEPT DONATION FOR JUVENILE LIAISON OFFICER COMPUTER Flint moved, Peterson seconded, to accept a donation in the amount of $1,978.00 from the Orono School District for the purchase of a laptop computer to be utilized by the Juvenile Liaison Officer. VOTE: Ayes 5, Nays 0. (#15) IDENTIFICATION OF WORK SESSION DATES The City Council elected to schedule December 2nd and December 10th as work sessions. The City Council scheduled a work session at 5:00 p.m. on November 22nd. CITY ATTORNEY'S REPORT Tom Barrett, City Attorney, requested an executive session to give an update on the County Road 6 right-of-way acquisition. (#15) LICENSES On Sale Liquor License Application - 3380 Shoreline Drive (Jimmies Lounge) James Duane Anderst, Applicant, was present. Moorse stated that the Police Chief has conducted a background investigation in reference to Page 12 ! ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1999 James Anderst and his application for transfer of liquor license held by Jimmies Lounge. The City Council needs to make a determination whether the transfer of the license should be approved. Sansevere commented that in his view there appear to be some inconsistencies in the memorandum issued by the Police Chief Moorse stated that the violations do not constitute a basis for denial under the Statutes, but that these violations do raise some concerns that should be looked into. Mayor Jabbour commented his understanding of the memorandum is that the Police Chief is not able to give a good recommendation to transfer the license. Anderst indicated that he was willing to discuss the allegations contained in the police report. Mayor Jabbour inquired what the City Council is permitted to discuss regarding this application. Tom Barrett, City Attorney, stated that the question whether to deny would probably be covered under 34A, 402.3 of the Statutes, which states that you are not required to grant a license to a person not of good moral character. Barrett commented that the Applicant has given the members of the City Council permission to discuss this incident. Mayor Jabbour inquired of the Applicant whether he was giving the Cii>' Council permission to ask him any questions regarding this incident with the understanding that this information will become part of a public record. Anderst stated that he is wilting to discuss this incident. Sansevere stated he has some concerns about the transfer of the license given the Applicant's past criminal history. Anderst stated that the incident referred to in the police report occurred in 1994, noting that the case was dropped twice by the prosecuting attorney before he final!}' entered into a plea agreement on the third occasion. Anderst stated that he finally pleaded guilt}' to the charge due to a lack of money available to contest the allegations any further and because he wished to end the matter. Anderst commented, in hindsight, he would not have entered into the plea agreement and would have maintained his plea of innocent. Anderst stated that he did provide the Police Chief with the names of three character w itnesses, who were not contacted Moorse stated he was unsure why the references were not contacted in relation to this application. Mavor Jabbour commented that he would like the Police Chief to contact the Applicant's references. Sansevere stated he is in agreement w ith Jabbour and that the references should be contacted. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1999 (#16 Licenses, Continued) Flint remarked that he has some questions he would like answered by the Police Chief concerning the police report. Mayor Jabbour inquired whether the Applicant would be willing to table this to enable the Police Chief to contact his references and to appear before the City Council regarding this application. Anderst indicated that a delay in voting on this matter \sill cost him additional money, noting that he would need to renew the purchase contract to see whether he would still be able to bu\' the property. Barrett indicated that the City Council is not able to grant a conditional license. Peterson stated she would not be opposed to approving the trattsfer of the license. Peterson moved, Jabbour seconded, to approve the transfer of the liquor license to James Duane Anderst for Jimmies Lounge. NO VOTE TAKEN. Flint moved, Sansevere seconded, to table the On Sale Liquor License Application by James Anderst to enable the Police Chief to review this matter further. VOTE: Ayes 3, Nays 2, Peterson and Jabbour Opposed. Sansevere stated he would like additional information from the Police Chief before voting on this issue. Mayor Jabbour commented that the majority of the Cit>' Council w ould like to speak to the Police Chief regarding the police report. Flint inquired whether this item could be discussed in the work session on November 4th. Moorse indicated that this item could be scheduled for November 4th. Mark Schaeffer, Lake Elmo business owner, stated he was requested to be a character witness by James Anderst, noting that the Applicant is intending to improve the property and turn it into an attractive place. Schaeffer indicated that he has known the Applicant for the past five or six vears. Anderst stated that his other character witnesses are not here tonight. Flint requested that the character witnesses be requested to appear at the work session on November 4th. Flint moved, Sansevere seconded, to amend his motion to continue this matter to the City Council work session on November 4th. VOTE: Ayes 4, Nays 1, Peterson Opposed. Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25,1999 (#17) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Flint moved, Peterson seconded, to adjourn the meeting at 10:09 p.m. VOTE: Ayes 5, Nays 0. There being no further business, the meeting was adjourned at 10:09 p.m Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 15 'MCIL MEETING REQUEST FOR COUNCIL ACTION NOV a 1999 DATE:^l\?2y^9^^^'^0 ITEM NO.3 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) The Council denied the request to rezone and to amend the Comprehensive Plan for the 58 acre site located at the southwest comer of County Road 6 and Willow Drive North. Staff has drafted a denial resolution to be adopted by the City Council. The Bancor Group has submitted a revised site plan that will be reviewed by the Planning Commission on November 15, 1999. The preliminary plat is for a 25 lot subdivision and a conditional use permit requesting the site be developed as a PRD. Council Action Requested To adopt or amend the enclosed denial resolution. A RESOLUTION DENYING REZONING AND COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COUNTY ROAD 6 AND WILLOW DRIVE NORTH PID 28-118-23 44 0001 - FILE NO. 2522 WHEREAS, Bancor Group, Inc. (hereinafter the "applicant") on August 18,1999, filed an application requesting rezoning, a comprehensive plan amendment, conditional use permit and subdivision for a property located at the southwest comer of County Road 6 and Willow Drive North with the City for property legally described as: That part of the East 1/2 of the Southeast 1/4 of Section 28, Township 118, North Range 23 West of the 5th Principal Meridian lying Southerly of the centerline of County Road No. 6 as recorded in Book 70, page 3844152 in the office of the Register of Deeds, Real Estate Division, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, The applicant has applied to the City of Orono (hereinafter "the City") for a subdivision of property including rezoning the property from RR-IB, two acre rural residential to R-IA one acre residential; a conditional use permit to permit the property to develop as a Planned Residential Development (PRD); and a Comprehensive Plan Amendment to change the land use designation of the property from two acre rural residential to one acre residential; 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 Subdivision Codes, the Orono Planning Commission held a public hearing on September 20, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and Page 1 of 4 NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby denies the requests for rezoning and a Comprehensive Plan amendment on a vote of 5 to 0 based on the following findings of fact: FINDINGS 1. 2. 3. The applicant had submitted a request for rezoning the property from RJR-IB two acre rural residential to R-IA one acre residential. The rezoning of the property requires a Comprehensive Plan Amendment to allow the property to be developed at greater than two acre density. The application was part of an rt for a 49 lot subdivision and a conditional use permit to permit the property to develop as a Planned Residential Development. The property contains a total of 58.43 acres of land, with 51.89 acres being dry buildable. 4. 5. On May 23, 1988 the City Council adopted Comprehensive Plan Amendment #2. Amendment 2 was a result of a land use study along the Highway 12 corridor. The area east of Old Crystal Bay Road, north of Highway 12, south of County Road 6 and west of Willow Drive was guided for two acre density single family homes. The Comprehensive Plan states the wetlands and natural vegetation in the area provide an excellent transition between the more intense use planned for the south and single family 2-acre to the north. Utilizing this as a break, the area to the north will remain at the 2-acre rural residential standard. Rezoning the property would not 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. Page 2 of 4 6. 7. 8. 9. Property to the north and east is guided and zoned for two acre residential use. A number of concerned citizens from the locality offered comments at the Public Hearing with the Planning Commission on September 20, 1999. Many local and future residents stated they chose to live in Orono and parts of Medina for the two acre zoning and rural character. Many expressed one acre zoning may have a negative impact on the neighborhood and cause additional traffic using Brown Road and County Road 6. Rezoning the property will alter the essential character of the neighborhood. The property can be put to a reasonable use under the existing zoning. The applicant has stated rezoning is appropriate for the site due to the transitional nature of the site. With large lot residential to the north and east; public and potential higher density and commercial to the south; and the Orono School property to the west higher density residential developed as a PRD would be appropriate for the site. Developing the site as a PRD under the existing RR-IB zoning would allow the property to ser\e as a transition between the low density 2 acre lots and non- residential uses. The Orono Planning Commission held a public hearing on September 20, 1999 and recommended denial of the application on a vote of 6 to 0 and noted the following facts: A.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. B.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. Page 3 of 4 I > m’li—an ■ I c.The proposed number of lots (49) may be too dense. A plan reducing the amount of developable lots would be more desirable. D.Municipal sewer and water are available to the property. The proposed development of the property would take advantage of the services available. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of November, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me on this 8th day of November, 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 4 i I j I IF'^Cl IF ■!! lillB III* Ml liaillll ■■■■«• MH COUNCIL MEETING Application Date: Completion Date: 60 Day Deadline: 9/15/99 9/15/99 11/14/99 NOV ft tWi CITY OF OHONO REQUEST FOR COUNCIL ACTION DATE: 11/2/99 ITEM NO = ^ Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2527 Minnehaha Creek Watershed District Between South Katrina Marsh and Hennepin County Road 6 Conditional Use Permit Summary of Request The Minnehaha Creek Watershed District has applied for a Conditional Use Permit to permit excavation, dredging and disposal of materials and restoration of a 1,250 foot section of Painter's Creek in Orono. Painter's Creek between South Katrina Marsh and County Road 6 has become obstructed by sediment deposits and fallen trees. Recent complaints from neighboring property owners have been received due to the sediment and logjams causing some minor local flooding. The MCWD has scheduled to dredge and restore Painter's Creek this fall and winter. The MCWD would be required to obtain temporary ’ work easements for access to the creek across private property. The scope of the project would include about a half dozen properties in Orono. STAFF RECOMMENDATION Staff recommends approv al of the application of the Conditional Use Permit to permit the dredging of the 1,250 foot section of Painter's Creek subject to the conditions noted in the attached resolution. PLANNING COMMISSION RECOMMENDATION On a vote of 7 to 0 the Planning Commission recommended approval of the conditional use permit subject to the following conditions: 1.The MCWD obtains easemetns from all property owners to permit work to be completed on the property. 2.All excavated material is properly disposed of off-site, any questions regarding the disposal of material the MCWD shall contact Staff. 3.Prior to commencing any land alteration, the \.CWD, or an agent on its behalf, shall provide a haul map to a member of the Orono Staff COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 9 FILE mn WHEREAS, the Minnehaha Creek Watershed District, (hereinafter "the applicant") has applied for a conditional use permit for work within Painter's Creek within the City of Orono (hereinafter "City") from South Katrina Marsh to Hennepin County Road; 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 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 applicant has applied to the City for a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9 to permit excavation, dredging and disposal of materials, and restoration of a 1,250 foot section of Painter’s Creek in Orono and within a flood plain. Painter's Creek between South Katrina Marsh and County Road 6 has become obstructed by sediment deposits and fallen trees. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zon'ng File M1521. 2. The affected properties are located in the RR-IA Zoning District, where 5 acres is the minimum lot area. 3.The Planning Commission reviewed this application on October 18, 1999 and recommended approval on a vote of 7 to 0. Page 1 of 5 4. The Planning Commission made the following findings of fact: A. Painter's Creek between South Katrina Marsh and County Road 6 has become obstructed by sediment deposits and fallen trees. B. Several property owners along Creekwood Trail within the Painter's Woods Subdivision and along County Road 6 would be affected by the proposed restoration project. The Minnehaha Creek Watershed District shall obtain easements from the individual property owners to permit access to the site. C. Ail excavated material will be removed from the project area via County Road 6. Because of the type of material being transported and the time of year the project will commence, there is a public safety concern regarding any spillage on public roads. The Minnehaha Creek Watershed District shall be the responsible party for material leaving the project area. D. Dredging Painter's Creek will benefit the area by allowing the Katrina Marsh and areas upstream to drain. Potential flocamg would be less likely to occur once the creek is open. 5. 5. The City Council finds that granting a conditional use permit for work within Painter's Creek will not be detrimental to the health, safely or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or ether danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recoinmendat ’ons of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit to Municipal Zoning Code Section 10.55, Subdivision 9 to permit excavation, dredging and disposal of materials, and restoration of a 1,250 foot section of Painter's Creek in Orono and within a flood plain, subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. The Minnehaha Creek Watershed District obtains easements from all property owners to permit work and use of private property. All excavated material is properly disposed off-site. The City Engineer shall approve the plans prior to issuance of a land alteration permit. Prior to commencing land alteration, the Minnehaha Creek Watershed District, or an agent on its behalf, shall provide a haul route map to the City of Orono. Authorities granted by this resolution are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this conditional use permit will expire on that date (November 8, 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of itself, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 8th day of November, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Applicant STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 8th day of November, 1999, by Gabriel Jabbour and 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 5 f i STATE OF IvnNNESOTA COUNTY OF HENNEPIN ) ) ss. ) 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 MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) 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 5 . .. 2 TO:Chair Hawn and Orono Planning Commission Ron Moorse, City Administrator FROM: Paul Weinberger. Zoning Administrator/Planner DATE:October 13, 1999 SUBJECT: UlSll Minnehaha Creek Watershed District Between South Katrina Marsh and Hennepin County Road 6 Conditional Use Permit ________ Summary of Request Conditional Use Permit per Section 10.55, Subdivision 9. The Minnehaha Creek Watershed District has applied for a Conditional Use Permit to permit excavation, dredging and disposal of materials and restoration of a 1,250 foot section of Painter's Creek in Orono. Painter’s Creek between South Katrina Marsh and County Road 6 has become obstructed by sediment deposits and fallen trees. Recent complaints from neighboring property owners have been received due to the sediment and logjams causing some minor local flooding. The MCWD has scheduled to dredge and restore Painter’s Creek this fall and winter. The MCWD would be required to obtain temporary work easements for access to the creek and complete the project. The scope of the project would include about a half dozen properties in Orono. Storage of Excavated Material The Watershed District has been advised the material excavated can not be placed on private property w ithout the proper permits issued by the City of Orono. Individual property owners must receive a land alteration permit for fill to be deposited on their lots. Over 500 cubic yards of fill on any property requires an additional conditional use permit. A large area around the creek is within the floodplain. The Shoreland Ordinance would not allow any fill to be placed within the defined floodplain (Floodway District). Creekwood Trail Creekwood Trail is a private road that is owned, controlled and maintained by the Painter’s Woods Homeowners Association. While the City has underlying road access and utility easements, the City has not exercised its right to take the road as a public road. 1 he applicant must gain approval from the Homeowner’s Association in order use Creekwood Trail should it be necessary as a haul route. MCWD Conditional Use Permit 10/1899 Page I Road restrictions begin in Spring, the City of Orono shall have the authority to stop hauling activity on the project until restrictions are lifted if the project is not completed. The applicant shall be advised any surface cleaning or repair of roads necessary as a result of the project shall be its sole responsibility. Staff Recommendation Staff is recommending approval of the Conditional Use Permit to the MCWD for excavation and dredging within the floodplain subject to the following conditions: 1.The MCWD obtains easements from all property owners to permit work to be completed on the property. 2.All excavated material is properly disposed, any questions regarding the disposal of material the MCWD shall contact staff. 3. The City Engineer approves the plans prior to City Council approval. 4. Prior to commencing consunction, the MCWD, or an agent on its behalf, shall provide to the City of Orono a haul route map. Exhibits A B C D Application Plat Map Property Owners Notification List Project Summary «2S2' MCWD Conditional Use Permit lo/ism Pafte 2 1 ZONE C I rAa.«ntenoki %mm§ ■:• ' •■/?•• v- --\.n ^, Ww<^ > V.itJM ZONE A ''V £^ni 't* V^ '“V ' ‘’i fp -/ZONE A /' ^ • * • . ♦Vi ZONEC limit of STL ■• V \v% -w 'V^v* -1. i y ,v..7>J t .^'* y - ■* Vr* ■r ;.>-!r; BAYSlOe *n t s (XI '’0^0 ■*■ i ^ ’r_:;i^ii ^ -..-■.•fl vV ’lT;!^' - V% L •' ' ' :a -i *' ■1 I . I . ./Bgr^v Application U Qil Date Receh'ed 7- Ay.-7 ^ Amount Paid — o — CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY Ala^sk Site Address <2n ^ _____________________ Type of APDlication to^ Filed /i _i Property Identification Number (P.I.D.) V^aK/ai/ < a/<^^ APPLICANT , Phene (home) /J/A__________ \\,'as!Ci<t/^/yf/7£Jialta ^j^e/c ^/s'h'cr?\iont (work)^/^^ Address ZScfi /cfyqHQ erc:/'U ciyf*r^ ■* v/ »•/ * xiywv ^v»win.^ ^ couie^^y7j^.jlJaifct//‘^^^-y £YCeK^h y'. AA/j. OWNER (if different than applicant) • M ^ » aj _ ^ y vj y>€.iJL City y//A Phone (home) Phone (work)_ Zip. Date Property Acquired ^ , r ,___________ I (do) (do not) also own the adjacent parcels of land. FEES - C0NDIT10N.\L USE PERMITS - ^0 ^ BB _____$ 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) ______$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use $250.00 Land Alteration Grading and filling - designated wetland or floodpl^ Grading and filling -.^01_ cu. yd. o r more vAfoininrr tt'ollc W'ltVlin T^' (month/year) ® -'3 1-3 Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee Schedule $150.00 Renewal Fee (no change front j iginal application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) ______$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule €'\) 111 =14 2. 3. 4. 5. 6. REQUIRED SUBMITTALS 1. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, ^ ' S *110 Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey , information. Ifr^ Attach legal description to application if not included on required survey. Topographic survey (e.xisting and proposed contours) if land alterations involve . changes in elevation (grades). 7. 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 ow ’ner(s). Construction plan, if applicable (see staff for requirements). 9. V/A As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _______Date________________________ 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 unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct ^o the best of his/her knowledge. ignatur^N,.^/.1.Date 9-/^- OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner’s signature djA Date 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 advise the Building & Zoning Office of this change prior to the meeting. .o«*a i ------*3 ■ r. _________«Cg*«0 ‘W *'3 »4) US' .33 -/-V Xx if X oT-a V X X (5) / # V<u XV .•XV / / /'^/✓✓✓ ' I O? „vS’i(- us- as- (a _______!»-•__________________ \ V^. 1 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 30 118 23 33 0003 4750 CREEKWOOD TR D H JELLISON U S L JELLISON DAVID M & SUSAN L JELLISON 4750 CREEKWOOD TR MAPLE PLAIN MN 55359 CONDNN « 38 30 118 23 33 0004 4700 CREEKWOOD TR RVC HOMES INC RVC HOMES INC 4700 CREEKWOOD TR MAPLE PLAIN MN 55359 CONDMN 8 38 30 118 23 33 0005 4680 CREEKWOOD TR J F 6 V M O'NEILL JAMES F O'NEILL 4680 CREEKWOOD TR MAPLE PLAIN MN 55359 CONDNN « PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 36 03 117 24 14 0001 6445 CO RD NO 26 GERALD C DODDS ETAL GERALD C DODDS 6445 CO RD 26 MOUND MN 55364 CONDMN 8 36 03 117 24 14 0002 36 ADDRESS UNASSIGNED L A ROY 6 M M MILLER LESA A ROY 4156 RESERVOIR BLVD COLUMBIA HEIGHTS MN 55421 CONDMN 8 36 02 117 24 23 0001 301 ROLLING HILLS DR HOWARD L JOHNSON HOWARD JOHNSON 301 ROLLING HILLS DR MOUND MN 55364 CONDm 8 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE I''5-i79C; - .»• o \ IK) MINNEHAHA CREEK WATERSHED DISTRICT 30 118 23 33 0005 80 CREEKWOOD TR P *1 V M O’NEILL MES F O'NEILL 80 CREEKWOOD TR PLE PLAIN MN 553S9 02 117 24 23 0001 I ROLLING HILLS DR 4ARD L JOHNSON KARO JOHNSON I ROLLING HILLS DR JND MN S5364 CONDMN i CONDNN U PROJECT SUMMARY PAINTER CREEK MAINTENANCE LOCATION: BETWEEN SOUTH KATRINA MARSH AND HENNEPIN COUNTY ROAD NO. 6 The creek between South Katrina Marsh and County Road 6 has become obstructed by sediment deposition, fallen trees (logjams), and debris. Complaints from property o\ATiers adjacent to the creek have been received. The project covers approximately 1,250 lineal feet of the creek and consists of the following: 1. Clearing and grubbing of the construction area 2. Excavation, dredging, and disposal of materials 3. Restoration The project is tentatively scheduled for the fall of 1999/winter of 2000. Materials removed during maintenance will be disposed off-site. Enclosed is a maintenance profile and plan view showing the work area. :ORDS iST €2^. N \ !, ii u J MINNEHAHA CREEK WATERSHED DISTRICT PROJECT SUMMARY PAINTER CREEK MAINTENANCE ‘ “ BETWEEN SOUTH KATRINA MARSH AND HENNEPIN COUNTY ROAD NO. 6 The creek between South Knthna Marsh and CounQr Road 6 has become obstructed by sediment deposition, £dlen trees (logjams), and debris. Complaints from property owners adjacent to the creek have been receiv ed. The project covers approximately 1,250 lineal feet of the creek and consists of the following: ' 1. Clearing and grubbing of the construction area 2. Excavation, dredging, and disposal of materials 3. Restoration The project is tentadv’ely scheduled for the &I1 of 1999/winter of2000. Materials removed during maintenance will be disj)OSed off-site. Enclosed is a maintenance profile and plan view showing the wodt uea. APPROXIMATELY 400 FEET NORTH AND SOUTH OF HENNEPIN COUNTY ROAD NO. 26 The creek approximately 400 feet north and south of County Road 26 has become obstructed by sediment deposition, fallen trees Gog jams), and debris. The project covers approximately 800 lineal feet of the creek and consists of the following: 1. Clearing and grubbing of the construction area 2. Excavation, dredging, and disposal of materials 3. Restoration The project is tentatively scheduled for the fall of 1999Avinter of 2000. Materials removed during maintenance will be disposed off-site. Enclosed is a maintenance profile and plan view showing the work area. b /) . 'X . • ) - - - .-J r Kp^ ii'V' -s^i;!: iS'yi-Ki'iw b*ftiifS»!Miteiisa sw«l*^ ■ill 11sm il: •j'.V’ ‘Jfljffi;, , 1' • ’ ■-.r- f -1 iii ^r- :te y.v.. /. -. --'“ •^“cr V V fr*-'rW'nn,'':‘i-54';4v '■ "i J'V'i " V** '^ ■ ^ T V' I '“^ * 'i^isiii ¥‘Vw.*-’-. |i;€^- mi. mmm4'.i.'rve.......... •'<■/ ■ '•}« ;’.*-.r;. . " : •Tif-:•:V^^ *1 ' ^* * 'K*.* “. U>i«:':ri:;;;i':v: Iv mmwm Pi^4; mmn m&mpm ,\KrifA(yM 966 964 962 UJuiu. 960 UJ _i UJ 958 956 954 •jMtmu !■ \- \ \ \ \ EXISTING DITCH (TYP. ) NOTE: EXISTING DITCH ELEVATION VAR IE MAINTENANCE EXC DEPTH VARIES. !!! \ \ \ \ EXISTIN DITCH B PROP DSED THTCrBOTTOM (TYP . ) (TY IDTH AND PROPOSED VAT ION 4?/ / 3TT0M / / / / / / / ELEV. 956 ELEV. 954.81 ) / / / / / / .76 DISTANCE IN FEET MINNEHAHA CREEK WATERSHED DISTRICT - PAINTER CREEK MAINTENANCE Creekwood to CSAH 6 Proposed Excovotion Detoil Sto 3*00 i^^Wenck Wenek AteouUtet. Ine. 1000 PIoomt Cr—k C«nt«r tQvlronm*Bi*l lBClo««rt Moplt P>oln. MN S535Q __________ 966 964 c:a 962 960 958 956 954 JAN. 1999 . • * > M *y{' t> ‘ ^M!i V'lV'V. v:*‘> juy.* "Iky'-fi * • '' .4; V. ..♦V y-.'fy-^^ t V. • » *' - *A, V -J A i I* r^ !:||i>• « ^ « H;i;f!^vijd ^:\A ^.Vvf •■•f • r ^•‘i*i #■*/' vr ‘ ^ -V. 4 fipPic.‘ ii! JU-^V j’t P -K AC ri*'; J__LLll p >^rsff.aN:Pl«f 'U.vV. •♦';Hi}-,m «i'-;^v"'.'MMm yt *•r'A>)M ■i?§.Jt2»,r-:i'SI&o^d;tiiii ..HMflr;:; >^._ ■•-.. > ,.i *: 'V-SBI: ■; ■-. ............................^b TOBSIW w •*>• V V* ■ » I!ciistii'.-:^i;l/‘iW: mM mimmi fcwiii msm , \«*’**«'. t:rI'-* • •( c l“‘.s.';iiZfjui Vh'lol ■"'' Mfea ii .^j“.rtz'S fe.Sa«kv'ss;?r::--:1 .. . ■ ■.: Mm :'M:r >■- .;. V»Vdrt*— ^ ■T ^ .fife-!-.. •■>■ '•• v/.i;,':'.'n;.o y]-L ' •* ilJyVf*' : •' -f .. ^ fk. !'k-.v«‘i mm kw.v:u ’i#MMm. ^ I2 < mm $ § I V, .k. ii';i ... . j,. >r.^ ■' >2* j • # •’ • • >;'!=;'• - f.»; •j.' 1 . wg 7-ti^ fi’ ■ mmm iSJM Lvjia r>‘- -v, *•• i| * \-n kJ@i11 m tii t.%A4!>s< F7^ '-m -. '-'L’f+y, r 77vV ‘‘ k' Application Date: 9/15/99 Completion Date: 9/15/99 60 Day Deadline: 11/14/99 COUNCIL MEETING NOV 61999 CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: 11/01/99 ITEM NO.: ^ Department Approval: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2528 David J. and Patricia Yorks 2825 Casco Point Road Variance Zoning District: LR-IC Lot Area: One Family Lakeshore Residential District (.5 Acre) 14,835 s.f. (.34 acres) Application: The applicants have proposed to remove old rotting steps on the front of the residence. They will be replaced with maintenance free steps and a covered porch entr>'. The new steps and covered entry decreases the amount of hardcover in the 75'-250* setback area. Also, the applicant has removed landscape plastic on the west and south sides of the house decreasing the amount of hardcover in the 75'-250' area. The requested variances are for: 1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover Requirements: Within 75'-250' of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 3,919.76 s.f. (45.4%), where 4,701 .76 s.f. (54.5%) exists, and 1,725.2 s.f. (25%) is allowed in the 75'-250’ setback area. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 7-0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 TO: David & Patricia Yorks 2825 Casco Point Road Wayzata, MN 55391 ZONING FILE # 2528 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 10/20/99 COPIES; TYPE OF APPLICATION;Variance DATE OF MEETING;10'I<-'99 VOTE; 7 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS; Applicant's next scheduled meeting is confirmed as: City Council November 8, 1999, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Wendy Bottenberg at 612-249-4600. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2528 WHEREAS, David J. Yorks and Patricia Yorks (hereinafter "the applicants") are owfiers of the property located at 2825 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 117, Spring Park, including that part of Lake Shore Avenue, vacated, and that part of the land between said vacated avenue and the shore of Lake Minnetonka lying betNveen the sidelines of said Lot 117 extended to the shore of Lake Minnetonka, Hennepin County, Minnesota (herein after "the property"); 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 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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 3,919 s.f. (45.4%) hardcover in the 75-250' lakeshore setback where 4,701.76 s.f. (54.5%) exists, and 1,725.2 s.f (25%) is allowed to permit constuction of steps emd a covered porch entry to replace existing steps on the front of the residence. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of6 FINDINGS ; are lafter t part lying Dnka, icipal illow i.5%) jorch 3. 6. This application was reviewed as Zoni:ig File #2528. The property is located in the LR-IC Zoning District, where .5 acres or 21,700 s.f. is the minimum lot area. The property consists of .34 acres or 14,835 s.f. The Planning Commission reviewed this application on October 18, 1999 ai\d recommended approval on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact; A. The amount of hardcover in the 75-250’ lakeshore setback would be reduced from 54.5% to 45.4%. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properU ’ in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger Jo neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessarx' 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. rono. 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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 3,919 s.f (45.4%) hardcover in the 75-250' lakeshore setback where 4,701.76 s.f. (54.5%) exists and 1,725.2 s.f. (25%) is allowed to permit construction of new steps and a covered porch entry on the front of the residence. Approval wa'" subject to the following conditions: 1. 2. 3. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan and/or hardcover may require further Planning Commission and City Council review. Authorities granted by this variance run with the property not with the applicants, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will e.\pire on that date (November 8, 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. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on this 8th day of November, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 8th day of November, 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 Pace 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 person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 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 6 Exhibit A Flat of SoTT^ for IkTld J* .lorka -. of Lot U7( Spring FtacSc Honnapln County, HlniMsota ••• • V, ' •f* • » %4. •*.. l-m: . • * •• *• • i.Tv.V j- • V.Ve' *•' * /i'- • * « U ; V #* Certi^eate of Suxrayt [ I herety oiirtlfy that this Is a true and correct rej^- sentation of a survey of^the-, • boundaries of Lot 117, Spring Park, including ^t pul; of —I^ke shore ^il^nus, Taeated, and that tto lai^ tveen said:Vaeatyd..aTsnuia:a^ the Mhafft,- lying bstveenS^iiL gidellner of • ^ said ^t il7 eii|ndsd'to.:thd-ti^^ of Lake Minnetonka, and*of tb9 locaUoD of all buildinga .thereon,., and all visible snomaohnents troa, or on said land, .Since the original plat does not giye' eoiqilete'iuc!^*^-^^^^ satieal infoxTatio>*on - the. boupd^e'ii of said lot, ‘this stnhrey has beSh baaed upon previ'ously-exiBting ibmi- Dentation of the lot. f- la V'**\ >T e >f -r r -I- Scale: 1" » 30* Date : 9-19-75 e t Iron Barker found o t Iren Barker set Page 6 of 6 Gordon R. CofCin Beg,.No, land Surveyor and. Planner '/>ng Lake, Minusota 6 TO:Chair Hawn and Orono Planning Commission Member Ron Moorse, City Administrator FROM: DATE; Wendy Bottenberg, Assistant Zoning Administrator/Planner October 8,1999 SUBJECT: #2528 David & Patricia Yorks 2825 Casco Point Road Variance -- Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District (.5 Acre) Lot Area:14,835 s.f. (.34 acres) This application requires the following variances; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover Requirements: Within 75'-250' of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 3,919.76 s.f (45.4%) where 4,701.76 s.f (54.5%) exists, and 1,725.2 s.f (25%) is allowed in the 75-250' setback area. Application Summary: The applicant has proposed to remove old rotting steps on the front of the residence. They will be replaced with maintenance free steps and a covered porch entr^'. The new steps and covered entry decreases the amount of hardcover in the 75'-250' setback area. Also, the applicant has removed landscape plastic on the west and south sides of the house decreasing the amount of hardcover in the 75'-250' area. The applicant seeks approval of a variance for hardcover in the 75'-250’ setback area where 4,701.76 s.f (54.5%) exists, 3,919.76 s.f (45.4%) is proposed and 1,725.2 s.f (25%) is allowed. H2528 David/Patricia Yorks 2825 Casco Point Road Variance 10/8/99 page-1 ....... ANALYSIS T.ot Area: LR-IC (.5 acre)Lot Area Lot Width Required 21,780 s.f.100’ Existing 14,835 s.f.60' Hardcover Calculations: Distance from Shoreline Total Area in Setback Allowed Hardcover Existing Hardcover Proposed Hardcover 0'-75'5,100 s.f.(0%) 0%260 S.f. (5.1%)260 s.f. (5.1%) No change 75’-250’8,626.45 s.f.1,725.2 s.f. (25%) 4,601.76 s.f. (54.4%) 3,919.76 s.f. (45.4%) Structural Coverage: 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. H2528 David & Patricia Yorks 2825 Casco Point Road 10/8/99 Variances page~2 Total Lot Size Total Structural Coverage 14,835 s.f Allowed: 2,225.25 s.f (15.0%) Existing: 2,215.8 s.f (14.8%) Proposed: 2,215.8 s.f (14.8%) Issues for Consideration: 1. The amount of hardcover will be decreased. Also, the applicant has removed all plastic under rock on the west and south sides of the house to decrease the hardcover amount. There is no more plastic that can be removed from landscaping. 2. Other issues raised by Planning Commission. Staff Recommendation; Staff recommends approval of the variance for lakeshore hardcover in the 75-250' setback, Attachments A Application B Site Plan/Survey C Plat Map D Location Map E Hardcover Worksheets F Property Owner's List G Elevations/Landscape Plan H Permit Record U252S David/Patricia Yorks 2S25 Casco Point Road Variance 10/8/99 page-3 ft Application # Date Received Q //jy/9 Amount Paid ,rr. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 ($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 _______ Property Identification Number (P.I.D.) " OCC'^ Attach legal description to application if not included on required survey. Date Pr^eity Acquired___________________________________________^(month/year) I (do) also own the adjacent parcels of land. Present useof property; residential ___^other (specify). Zoning District: AL> - L^-lC APPLICANT DWjtP AKirO FPc^rJ^ Phone(work)_J^ >s:^i^Z.§> Pr. City: Phone fhome l ■4'7 I *~1 Zip; ^53*^/ OWNER (if different than applicant) Name Address:City:. Phone (home). Phone (work)_ Zip;. DESCRIPTION OF REQUEST Estimated Construction Cost $ SO. 0€DO _ Describe request in detail: Rg:pL/^g>t€- V\j/hOty—) Vjjrw 0f)\f(rrJiJ0 AK(f) MAjy\^i^kiAy\^- &UM,7VA^ ^ VARIANCES REQUIRED ^ Lot Area Lot Width tXHardcover ___Lot Coverage , ----------- ------------ \ Front Side Rear __ Average LakeshorA XSetback: Other (specify) t.- HARDSHIP/DESCRIPTION OF UNTJSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing.; compliance uith Zoning Code requirements: N/^lg-Y -fe U7P_______________________________________ ' (attach additional sheets if necessary) Flat of Swrnj for Darid J« .Xorkt • *. V • ^ ‘ '* V* ■.6 * : • V,. .» V • ^ • i» •• AOrfV/* . . .• of Lot 117, Spring I^..,-S#i&-v: Honnopln Coimt^, MlnBMOtn' '- - • • -t^v :::;■; v> -S : / •* . ft . J r Certlflpata of Sar?07t I heratijr dirtify that th^ 1b a true aiid eorraot rtpra- aantatlon of a survax of . > boundariaa of Lot 117^ Spring Park| inclltidd^ that part of Shofe'-'-i^nn*, Taedtad. ,. and that pi^rof* tba land ha* tween flald;iraeiiit^an^ the of. tafa>ijw lying hatweei^'^^ii > aaid Lot 117 ax^Ddad ' to • tita of Lake Mlnaatonka. and of tba locaUon of all boildinga tharaonj., and all Tlslble aner^ebaanta ftcn or on said land. Slnea iha orlgiJ^. plat does not g1 W iiftnplt*if''-'I satlcal infoxvatie^ 'cn the bo^dmea^ of said loty ‘this aar ta y haa bMh based upon prerl'oualy-anating mSna- oentatlon cf thd lot. ! k V * : • A •/ t,,. . •, ysp »\ V .. » I . > r. - *■ a • r^v y^t^r. X • .« Scalar 1” » 30* rata I 9-19-75 a t Iron Barker fotind o t Iron Barker set Cordon R. Coffin Bag*.No«/i^4 land StareTorand Plannar ’/mg Lake« Mtnneaota D m.^h Unison --'-U Arm \ _ Shad^^iod Point B DEERINO q^LAND Fagerness Point tilOAVf H Miriut r I |S4o| 1*»0«11IIPL =;5=:::S1j ^TT«sorsrr^ ► '* • Vi # • .. • •- • V/-' _ |cRTm|L *lLm»UTM S A«r 1-tUtTU y-ewiimn V6LEN0AU KO § ISlf i58? •layWrUfi smli)^Btaci Lake - WWLIM.T .^.SHORELINE os % ” I r.! t«j/ 7 . )ND AETlli USUI MCUfT ■lacilir -»------- zw sno • 7 0»TM) 3 u .i«uaiiujlp^_ -«8S*S3 L«*«»»m 1;J ■*—Til 3“/JT// Peltmn Point /Ci ‘21 / ■ Carman ' s^V ^GOOSE ISLAND Cii V J-CAMTEMUPWI®^^SHADY . I W>. ISLAND >V ^ • HARDCOVER CALCULA SETBACK ZONE: (CIRCLE ONE) 0-75*75-250^ WORKSHEET 250-500* e 500-1000* F.XTSTING HARDCOVER IN ZONE A. House Ml 40 Length Wi(ith X X X B. Garage C. Driveway 57.4- 4'.Z X X 2.1. A' ■_ __________ D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic 44-X X X IS G. Other A A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ 4^0 I* + B X 100 + B _ _X 100 PROPOSED HARDCOVER IN ZONE A. House Ml Length Width X X X B. Garage C. Driveway f 3-7.4 X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain By Plastic X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL,PROPERTY AREA IN ZO^ * B 100 UML S.F. S.F. S.F. S.F. 466. ^ S.F. S.F. S.F. S.F. S.F. •zo 1 70 S.F. S.F. -7^2-S.F. \A^. 4^ S.F. S.F. S.F. S.F. S.F. % A B \^ijO S.F. 456.3 S.F. S.F. S.F. S.F. ‘ {;v S(p 1.0 S.F. • • • -.604.6^ S.F.• •feO S.F.• =S.F. S.F. - • . ..* K 1 no S.F.• • S S.F. S S.F.•» ( «S.F. S.F.r-\ S.F.A S.F.B «__46.44:% RUN DATE 09/15/99 BATCH 502 HENNEPIN COUNTY PROPERTY INFORHATIOM SYSTEH PROPERTY ONNERS LIST REPORT NO. P1A3S901 PACE 5 PROP AODR ONNER NAHC TAXPAYER NAflE/AOOR PROP'ADOR OMNER NAHE TAXPAYER NAME/AODR PROP AODR OWNER NAME TAXPAYER NANE/ADDR PROP AODR OMNER NANE TAXPAYER NANE/ADDR 58 20-117-25 51 0014 00058 ADDRESS UNASSIONED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 64 CRYSTAL BAY NN 55525 58 20-117-25 51 0056 02871 CASCO POINT RD R E NOLFE R E WOLFE 2871 CASCO POINT RD WAYZATA HN 55591 58 20-117-25 51 0057 02055 CASCO POINT RD ROSEHARY C IVERSEN ROSEHARY IVERSEN 2655 CASCO POINT RD WAYZATA NN 55591 56 20-117-25 52 0006 02624 CASCO POINT RD FRANK N KAYLOR FRANK KAYLOR 2624 CASCO POINT RD WAYZATA NN 55591 36 20-117-25 52 0007 02629 CASCO POINT RD 8 E PETERSON BNP PETERSON BRYCE E PETERSON AND NARY PAT PETERSON 2629 CASCO POINT RD WAYZATA NN 55591 56 20-117-25 52 0006 02625 CASCO POINT RD DAVID J YORKS 6 WIFE DAVID J YORKS 2625 CASCO POINT ROAD WAYZATA NN 55591 (, i' v > ■ IFh SB 20-117-25 52 0009 62821 CASCO POINT RD R E DENSHAR 6 N N DENSHAR RONALD 6 NARCARET DENSHAR 2621 CASCO POINT RD WAYZATA NN 55591 56 20-117-25 52 0010 02617 CASCO POINT RD WESLEY C BYRNE WESLEY C BYRNE 2617 CASCO POINT RD WAYZATA NN 55591 56 20-117-25 52 0011 02615 CASCO POINT RD G 6 C SCANLON GENE 6 CATHERINE SCANLON 2615 CASCO POINT ROAD WAYZATA HN 55591 V 56 20-117-25 52 0017 02616 CASCO POINT RD TAHHY L WOODIS TAHNY L WOODIS 2616 CASCO POINT ROAD WAYZATA NN 55591 TOTAL BATCH 502 00010 ... *:■*!.“-*5Co' 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDGE AND BELIEF. DATE -99.. 0)^/ N (2V i*^ACfctT CoTOi/r ts-ACI^r MA*rrHC4> Ne«j ^A<AX l>t>2. C bpah . C»V*!L R>Uim€. 'Y2s*^Vi<i. E.M*nc2y n!(!u»t«MA>«t^ feU9\M.ti^i4 .................... _ '; CltOAtZ |£ iuO|^« T»fS' l4 ^^fPTk>Kl e^|C047£UMM^ V4r. r^ouMo AOfHMsr CtOMZ SIPlMui 49tfL ^fXMCXJC> “ CCR«CL ri-ST CM^niea^ /i«4 4u>n»o cAcmc fjl|2. CCl#wJ 00c-^ 5 ;■) GQ CePAff. * «' *y 89|T»^ fiAOiO. »IW>JMIi4^ enoAia ^ioiAj< ^nrz Wkuo ^VPfC MCM. CBOtflS. ^ CONCMfWM A, R>«NO^n0f4/ t:- 'CQ 00 m rrf - lY*- (s/s y LANOSCAPS PLAN FOR: ^or^(Resicfence SCALE • f*«r 2S25 Cm%tiO Point Rood Oro«u}. \fN 3l I (Srirt^lhROS.'l ^ Nu^wy O fwd>^ ^ Mark Kobilka Juty |0«>0 c:-'. 'CQ 00 (S' Tstfvtf Af«or» i*« L<— Spi*f m LAMOSCAPt PLAN FOP: Yor^^sicCence (5m2P5ii^ SCALE • f-r 2i25 Ca«co Point Road Ofono. MM Mark Kobiika July I90«> Permit No RESS a ' *• *m ADDRESS PERMIT RECORD Date Type of Permit Application Date: Coirpletion Date: 60 Day Deadline: 9/21/99 9/21/99 11/20/99 COUNCIL MEETING NOV 8 *999 CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: 11/2/99 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2529 Brent and Kathryn Bentrott 1453 Park Drive Variance Renewal Application Zoning District: Lot Area: (Existing) LR-IB 17,150 s.f. One Family Lakeshore Residential District Summary of Request .•\n application has been received for a variance renewal of an application set to expire on December 14,1999. The City Council approved on a vote of 4 to 1 variances for a side yard adjacent to street setback to permit a three season porch and to change the street side entrance and deck where the existing deck and entrance are located within the required 35' setback. The approved porch is located 3' from the west property line. The side street setback is from a platted fire lane that the City does not intend to develop. The variances included a hardcover variance in the 0-75' setback to allow 9 s.f. (0.24%) hardcover to remain where 370 s.f. (9.97%) exists, and a hardcover variance in the 75-250' setback to allow an increase in hardcover from 2,303 s.f. (23.12%) to 3,404 s.f (34.18%) to permit a three season porch and a garage/driveway. The property owners have received building and land alteration permits from the City for the construction of the driveway and garage. The work has not been complete, but will be complete this fall. Because the land alteration only applied to the grading for the driveway it is not necessary to renew the conditional use permit portion of the application. STAFF RECOMMENDATION To adopt or amend the enclosed resolution. i1 PLANNING COMMISSION RECOMMENDATION On a vote of 7 to 0 the Planning Commission recommended approval of the renewal variances subject to the site plan attached as Exhibit A to Resolution No. 4213. COUNCIL ACTION REQUESTED; To approve or amend the enclosed resolution. A RESOLUTION GRANTING RENEWAL VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) (1&2) FILE NO. 2529 WHEREAS, Brent Bentrott and Kathryn Bentrott (hereinafter the "applicants") are the owners of the property located at 1453 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 9, Block 15, "Saga Hill Revised, Hennepin County, Minnesota," also that part of vacated Forest Boulevard as dedicated in the plat of "Saga Hill Revised, Hennepin County, Minnesota" which lies between the Northwesterly extensions across it of the Northeasterly line of Lot 9, Block 15, Saga Hill Revised, Hennepin County, Minnesota" and the straight portion of the Southwesterly line of said Lot 9, (hereinafter the "property"); and WHEREAS, the applicants have applied to the City of Orono for renewal variances to Municipal Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (L) (1&2) to allow an existing deck to be remodeled into a three- season porch to be located 3' from the property line where 35' is required; to allow the existing street side entrance and deck to be modified where said deck and entrance are located within 35' of the required side yard adjacent to street (Bluff Street); to allow 9 sq. ft. (.24%) hardcover in the 0-75' setback where 370 sq. ft. (9.97%) is existing and none is allowed; to allow 3,404 sq. ft. (34.18%) hardcover in the 75-250' setback where 2,303 sq. ft. (23.12%) is existing and 2,490 sq. ft. (25%) is allowed per Resolution No. 4213 approved December 14, 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2529. Page 1 of 4 2.The property is located in the LR-IB, One Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application for variance renewal on October 18, 1999 and recommended approval of the proposed variances based on the fmdings noted below: A.The applicants have been issued a building permit for the garage and the land alteration permit to permit the grading for the driveway; however, the additions for the house will not begin until next year. B The variances to permit the three season porch, deck and entrance will expire on December 14, 1999 without a variance renewal application. C.The applicants have not proposed to change the site plan as approved with Resolution No. 4213. 4.The City Council finds that the facts and conditions applying to this application are peculiar to this zoning lot and do not generally apply to other property in the LR- IB Zoning District; that granting the variances would not adversely affect light, air nor pose a hazard to neighboring properties; and would not merely serve as a convenience to the applicants, but is necessary* to alleviate a demonstrable hardship or difficulty. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; Section 10.56, Subdivision 16 (L) (1&2), subject to the following conditions: 1.Applicants to adhere to the plans approved by the City Council per survey by Mark S. Gronberg dated July 1998. most revised December 4, 1998 on file with the City of Orono. Pace 2 of 4 i 2.Applicants shall be advised any amendments to the approved site plan may require additional Planning Commission and City Council review. 3.Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (November 8, 2(XX)). 4.Violation of oi non-compliance with any of the terms and conditions of this resolution shall c-'nstitute a violation of the Zoning Code, shall automatically terminate any auth'^ity 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 Orono City Council on this 8th day of November, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of November, 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 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. 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 MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared ____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 h Application # Date Received Amount Paid '^Ifji.cQ. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal. Variance Fee $lj0.0fl (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION , .. . Site Address t^rivtL ________________________ Property Identification Number (P.I.D.1 CT - II T ~ — AttorVi locT^t H#»crr5nfinn tn annlirafion if not ilicludcd Oil rCQUiied SUTVCy. rrupcivjf luciiixuwauuii w i i i______ Attach legal description to application if not included on required survey. Date Property Acquired ___________________^(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: X" residential ___^otner Zoning District: Z-R - j 1^_________________ r.:r> ! • /* ^ S' \ 'V- APPLICANT^ , ^ Name Address: NS'S OWNER (if different than applicant) Name ______________________ Address:City:. fspecifv) ^ ■ Phone (home) ^ * Phone (work)*1 ^CviA'lc Zip: Phone (home) Phone (work) Zio: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Rdt-v-ct.oc\. ' I __- — -1 IP y Estimated Construction Cost $_________________ (attach additional sheets if necessary) ^ dodi-fifVi -rvrOo^rOS VARIANCES REQUIRED Lot Area X Setback: ___Lot Width Front X Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual prop^ conditions prcvcnti^ compliance with Zoning Code requirements: Ke:'cVi -c / u:L,:-L IO--1'; ?r'. q»4 If cu'C'Swik is <i,u '?■<,) ««•' 6 •5c i^'lv\0€".| w'iJ'rfi ^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A'il 1 15 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) (1&2) AND GRANTING A CONDITIONAL USE PERiVOT PER SECTION 10.03, SUBDIVISIONS 19-21 FILE NO. 2395 WHEREAS, Brent Bentrott and Kathryn Bentrott (hereinafter the "applicants") are the owners of the property located at 1453 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 9, Block 15, "Saga Hill Revised, Hennepin County, Minnesota," also that part of vacated Forest Boulevard as dedicated in the plat of "Saga Hill Revised, Hennepin County, Minnesota" which lies between the Northwesterly extensions across it of the Northeasterly line of Lot 9, Block 15, "Saga Hill Revised, Hennepin County, Minnesota" and the straight portion of the Southwesterly line of said Lot 9, (hereinafter the "property"); and WHEREAS, the applicants have applied to the City of Orono for variances to Municipal Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and S.:tion 10.56, Subdivision 16 (L) (1&2) to allow an existing deck to be remodeled into a three- season porch to be located 3’ from the property line where 35’ is required; to allow the existing street side entrance and deck to be modified where said deck and entrance are located within 35 of the required side yard adjacent to street (Bluff Street); to allow the proposed 22 x26 garage to be located 8 ’ from Bluff Street where 35’ is required; to allow 9 sq. ft. (.24%) hardcover in the 0-75 ’ setback where 370 sq. ft. (9.97%) is existing and none is allowed; to allow 3,404 sq. ft. (34.18%) hardcover in the 75-250’ setback where 2,303 sq. ft. (23.12%) is existing and 2,490 sq. ft. (25%) is allowed. The applicants have also requested a conditional use permit per Municipal Zoning Section 10.03, Subdivisions 19-21, to cut and fill to raise the elevation of the property to create a buildina pad for the proposed 22’x26’ garage and suitable driveway with a slope of 10% or Page 1 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A O ■ less which will require approximately 500 cubic yards of fill and grading within 5’ of the property line. Minnesota: 1. 2. 3. 4. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2395. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on July 20, August 17, October 19, and November 16, 1998. On November 16, 1998 the Planning Commission recommended denial of the proposed variances and conditional use permit for the garage finding that the use of Bluff Street and Park Drive was not consistent with City policy, the amount of hardcover in the 75-250’ setback excessive, and the proposed drainage plan may have a negative impact on the adjacent residence. The Planning Commission recommended approval of the side yard adjacent to street variances for the proposed improvements to the residence. The City Council reviewed this application on November 23 and December 14, 1998 and recommended approval of the proposed variances and conditional use permit based upon the following findings: A. The subject lot does not meet the LR-IB lot area or lot width requirements. B. The existing residence encroaches into the required 35 ’ side yard adjacent to street setback. C. Bluff Street is a plaited, unopened street. Page 2 of 8 5. 6. D. E. F. G. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 42 1 n The existing garage is located 165’ from the residence and is located within the required street yard setback. The parking pad in front of the garage is located in the Park Drive right-of-way. The amount of hardcover in the 0-75’ setback will be reduced from 370 sq. ft. (9.97%) to 9 sq. ft. (.24%). The topography of the zoning lot is steep which necessitates the proposed driveway to be located within Park Drive and a portion of Bluff Street to provide a 2% landing area at the street and in front of the garage and a slope of 10% or less for the driveway. The proposed culvert, grading, and land alteration as proposed in Exhibit A will direct water away from the structures to a low area on the zoning lot towards Lake Minnetonka. The City Council finds that the facts and conditions applying to this application are peculiar to this zoning lot and do not generally apply to other property in the LR-IB Zoning District; that granting the variances would not adversely affect light, air nor pose a hazard to neighboring properties; and would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty. The City Council finds that granting a conditional use permit to allow 500 cubic yards of cut and fill and grading within 5’ of the property line will not be detrimental to the health, safety or general welfare of the public. 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 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; Section 10.56, Subdivision 16 (L) (1&2) and for a conditional use permit to allow land alteration and grading, subject to the following conditions; Page 3 of 8 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 2':^ 1. 2. 3. 4. 5. 6. Applicants to obtain a land alteration permit from the City of Orono prior to commencement of this project. Applicants to adhere to the plans approved by the City Council per survey by Mark S. Gronberg dated July 3, 1998, most revised December 4, 1998 (Exhibit A). Applicants to sign a hold harmless agreement (Exhibit B). Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building permit within one year of the date of Council ’s approval, or the special conditions of this resolution will expire on that date (December 14, 1999). 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 4 of 8 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 42 1^ Adopted by the Orono City Council on this 14th day of December, 1998 ATTEST: A Linda S. Vee. City Clerk Property Ownerts) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 14th day of December, 1998 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. ’ ft- /•' -vx CAROLE A. HASEMAN KCWfiYFUEUC-V.r :£G1A HENI.’EFIMCCijrjTY MyCrTjr.’!!icnEr:!'.3j:-3^.2CCn K Notary Public Page 5 of 8 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.A 9 •; o “• ^ :l 'j STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of _________. 199.5__, before me a Notary Public within and for said County, personally appeared ^•fliryti hrrjriti^ Atr>frn<j u. known to me to be the person(s) described in and who executed the foregoing instrument, and notary F0EUC-M”-^?J0TA I* STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. 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 acknow ledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of 8 ¥ n # • »•••••• « / / / /•jja y F0RE3T . I ■•«»• m •••••• m % OQ vj — O ^t^ CERTIFICATE OF SURVEY FOR BRENT BENTROTT OF LOT'9. BLOCK 15, SAGA HILL REVISED HENNEPIN COUNTY, MINNESOTA^ >«<1§;rAJ / •'V # ^ r» cr?ifey LEGAL DESCRIPTION OF PREMISES: Lot 9, Block '15, “Sago HiH Revised, Hennepin County, Minnesoto”, also that port of vacated Forest Boulevard as dedicated in the )lat of "Saga Hll Revised, Hennepin County, Minnesota" which lies )etween*the Northwesterly extensions ocross it of the Northeast ­ erly line.Qf Lot 9. Block 15, "Soga Hll Revised, Hennepin County,- Minnesoto" and the straight portion of the Southwesterly line of said Lot' 9. --------*i 3‘ ' ,.93&-.-«J ‘I This survey intends to show the boundaries of the obove described property, the;location of on existing house,, goroge, and other visible .1 I* »IWI • Xs?.\ ' "hardcover" ihereon, and the proposed location of a proposed garage. ! it does not purport to show any other improvements or encroochments. ; F'rjXP * PATB 'v ' STONES < ‘••iqs \ I m o - I- iron marker (9*1.0 : Existing spot elevation Beorings .shown ore based ufion an assumed doturn — — ---flQZ)--- J (M6.7) 8 ^ \ * 'A'' ftS • -................... . 14 .•0 i • • • . t v\ ''\\ ^(#540) ' I > A Oj \\\\v ...... ,.,-960 • • • « • 1 ^ I —Y' - V • ‘***'’’ •' 'a '' a? , r— V \\ ' 'S\ ' \ \\ IV i ^>' V 1......-'; ..^V' > ------- _ ftfiC 7»611)\ \ , < . .. (9S9.I) \ \ ^ / (w.rrf fc** [9*^ ■ “^■isroo ^ \ \ ____4 - •9 • • •••e m • • 9 • 9 • 9 »«m • 9 $ 0l:.ju4U layrjim OAll , "Iwawn”tr>1 p ar V n IN 'sOM'lKIN vr COFFIN k GROPSRG, INC.I IIHIIjy UHttV tiLAf im I*IAK VinitlCAlKJIi ON kHHJMl WA'i iKtMAKltl IIY UL UM tNUiN UY MliCI *.AJPiNVr*ll>N AMI lltAT I AM A OaY ICCNSeO fHlorCSSONAL CMCfCPI AM) lAM) oaMTwraS ur i rw •itvr m ____________________J)Alt A ^ I r ^ * A EXHIBIT B HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Brent and Kathryn Bentrott, 1453 Park Drive, shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer to for which it may be held liable, arising debts or obligations in consequence of his performance of the following improvements: Retaining walls and driveway in Bluff Street. Driveway and curbs in Park Drive. No permanent easement, or property rights are being granted by the City of Orono as a result of these improvements being located on the City right-of-way. The City of Orono reserves the right to order the removal of improvements located on the right-of-way at any time. In the event that the improvements are not removed, in a timely manner, upon a directive from removal from the City, the City will remove the improvements and will assess the owner for the costs of removal. By Brent and Kathryn Bentrott, their employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Brent Bentrott Kathryn Bentrott STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) On this day of r 'J j 1999_ before me a Notary Public within and for said county, personally appeared^/j„l 8-./t known to me to be the persons describ^ in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. ; C^iiOLE A. HASEMAN NOTARY PUBLIC NOTARY a£UC-Ml*.t.'E£OTA H£Ni;£PlMCCL!flTY V-!V-; Crcrr>:icn Jzi, 31. ?cri Page 8 of8 60 day limit: 1/20/99 REQUEST FOR COUNCIL ACTION DATE: December 9, 1998 ITEM NO.: Department Approval: Name Liz Van Zomerea Title City Planner Administrator Reviewed:Agenda Section* Zoning Item Description: #2395 Lot Area: Brent and Kathryn Bentrott 1453 Park Drive Variances and Conditional Use Permit Zoning District: LR-IB One Family Lakeshore Residential District (1 acre) 17,150 sq. ft. (.39 acres) Background: Application: This application was reviewed at the November 23rd City Council meeting. On a 4-1 vote, the City Council directed continuation of the application pending the applicant's surveyor providing a drainage plan and map that met the City Eng ’meer's concerns regarding drainage. The application is for variances and a conditional use permit to allow improvements to the existing residence and to allow for removal of the existing garage and construction of a new garage and driveway that would use a portion of unopened Bluff Street and Park Drive. Variances required include: 1. 2. A side yard adjacent to street variance to change the existing deck on the west side of the residence to a three season porch and to change the street side entrance and deck where the existing deck and entrance is located within the required 35' setback and the proposed three season porch is 3 ’ from the west property line. A hardcover variance in the O'-75' setback to allow 9 sq. ft. (.24%) of hardcover to remain where 370 sq. ft.(9.97%) is currently located. 60 day limit: 1/20/99 land dthe 14%) «ntly 3. A hardcover variance in the 75'-250’ setback to allow an increase m hardcover from 2,303 sq. ft. (23.12%) to 3,404 sq. ft. (34.18%) to allow for the construction of an new garage and driveway. 4. A side yard adjacent to street setback to allow the proposed 22’ x 26 garage to be located 8' from the west property line where 35' is required. oVc“ A hold h^ess agreement is also required to constnict a driveway within the City ’s rieht-of-wav and for the retaimng waUs currently located on Bluff Street (EXHIBIT B attached to rfsoluUon)^ PLANNING STAFF RECOMMENDATION; conditional use permit for land alteration and grading b^use of the sigmfrcant change to the zoning lot. proximity of the garage and driveway to the a jacent residence, use of Park Drive right-of-way and Bluff Street, and drainage issues. PLANNING COMMISSION RECOMMENDATION: for l^nd^^lterar-n ’ Commission voted 7-0 to deny the conditional use permit f *u adjacent to street and hardcover variances in the 75'-250' setback ® P^’oposed garage. The Planning Commission recommended approval of the side yard jacent to street variances for the proposed improvements to the residence. COUNCIL ACTION REQUESTED; for attached resolution granting variances for all of the requested variances side yard adjacent to street for the three season porch and entrance improvements to the residence and l^dcover in the 0'-75 ’ and 75'-250' setbacks and further. gr^Ee co^^^^^ ^t^r^'r^'iiliT'^ alteration for 500 cubic yards of cut and fill and grading within 5' of the Attachments Resolution with Exhibits A and B A Drainage map B Drainage calculations C Hardcover worksheets for Exhibit A survey D Gronberg's letter re.'slopes ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 14,1998 D. #2395, BRENT BENTROTT, 1453 PARK DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 4213 The applicant was present. • • Van Zomeren stated this application was reviewed at the November 23rd City Council meeting and it was continued for the applicant’s surveyor to provide a drainage plan and map that met the City Engineer’s concerns regarding drainage. The application is for a conditional use permit to allow grading for a driveway to be constructed on die property at a 10% slope and for the driveway entrance to be located on one*half of unopened, but platted Bluff Street to serve a new garage located 8’ off the property line which would require a side yard adjacent to street variance and variances for improvements to the house. When ^e Planning Commission considered this application in November, they recommended approval of the variances for the house. They did not recommend the conditional use permit for grading and land alteration. The current plan would require approximately 500 cubic yards of fill to raise the elevation to provide a suitable building pad for the new garage. The previous plan had a culvert that was more closely located to the neighbor’s house. The current plan improves drainage by moving the culvert farther away from the property line and directing drainage to the natural drainage way that exists on the property. Greg Gappa and Tom Kellogg have reviewed the plan from a drainage perspective and believe that the current plan would take care of the runoff. A hold harmless agreement has been sent to the applicant. The applicant had no additional comments. Jabbour asked if the next door neighbor was contacted and kept up to date on the changes to the plan. Van Zomeren responded that both neighbors were contacted and she did not receive any negative comments from them. Jabbour asked the City Attorney if he had researched allowing the applicant to use the unopened, but platted property. Barrett responded that he is satisfied the City can allow the applicant to use that half of the property. Flint moved, Jabbour seconded, to approve Application #2395,1453 Park Drive, and adopt Resolution No. 4213 granting variances for side yard adjacent to street for the three season porch and entrance improvements to the residence and hardcover in the 0*>75’ and 75*>250* setbacks and further, granting the conditional use permit for land alteration for 500 cubic yards of cut and fill and grading within 5* of the east propertj’ line. VOTE: Ayes 4, Nays 1, Goetten opposed. Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23,1998 E (#2 DARE Volunteers, continued) Mayor Jabbour thanked Mike Carlson and Matthew Hagen on behalf of the City Council and the City of Orono for their participation in this fine program. PARK COMMISSION COMMENTS - PETER WELLES, REPRESENTATIVE Nore PLANNING COMMISSION COMMENTS - DALE LINDQUIST, REPRESENTATIVE Lindquist stated he was here to answer any questions of the Council members that might arise during the meeting. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT (#4) #2395, BRENT BENTROTT, 1453 PARK DRIVE - VARIANCES - APPROVAL RESOLUTION, X N CONDITIONAL USE PERMIT i Brent Bentrott was present. Van Zomeren stated the Applicant applied in June, 1998, for multiple variances to make changes to their existing residence • id relocate their garage. Various plans have been reviewed by the Planning Commission, and it was determined that a conditional use permit would be needed because grading changes were proposed within five feet of the property lines and between 500 and 800 cubic yards of fill was proposed to allov/ for the garage to be rebuilt closer to the residence. At the October meeting the Planning Commission had requested that the Applicant submit revised plans, which have been submitted and reviewed by the Planning Commission at their October and November meeting. The most recent plan calls for remodeling of the deck on the west side of the existing residence into a three-season porch, which requires a side yard adjacent to street variance. The Applicant is also requesting a change to the southwest comer and entrance to the residence which requires a side yard adjacent to street variance. The Applicant is also proposing in this most recent plan to build a new garage closer to their residence which requires variances for a side yard adjacent to street and hardcover in the 75-250' setback. A conditional use permit to alter the existing topography with 500 cubic yards of fill and to grade within five feet of the property line is required. The Applicant is also proposing to use a portion of unopened Bluff Street and Park Drive for a driveway. Van Zomeren noted that it is dirficult to situate a driveway on this property due to the existing topography, noting that a ten percent grade or less is recommended for driveways and less than eight percent is preferred with 3:1 slopes for maintenance. The Planning Commission had recommended approval of the side yard adjacent to street variances for the proposed improvements to the residence to change the deck into a three season porch and to allow the improvements to the south facade of the residence, subject to removal of hardcover in the 0-75 ’ setback. Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23.1998 (#2395 Brent Bentrott, continued) The Planning Commission had recommended denial of the conditional use permit for grading and land alteration to relocate the garage and to deny the side yard adjacent to street setback for the garage and the use of Bluff Street and Park Drive for a driveway to the proposed garage. Van Zomeren noted she received the survey Friday morning from the Applicant. Bentrott had no comment. Mayor Jabbour commented in his opinion this application has not been handled very efficiently, and that City Staff should inform applicants that they will not accept any new information after V.>.:nesday. Jabbour noted that the City Council is being presented with some of this information for t.-..‘ first time at tonight’s meeting, Moorse remarked that ownership of Bluff Street may need to be addressed. Mayor Jabbour stated that the Supreme Court had ruled a while ago that City Councils could not vacate fire lanes, noting that he does not foresee vacating Bluff Street now or in the future. Goetten noted that the Planning Commission had told the Applicant that it was doubtful that Bluff Street would be vacated to allow for private use. Mayor Jabbour inquired whether there were any problems with what has been recommended for approval by the Planning Commission. Peterson stated no. Kelley inquired who constructed the retaining walls on the property. Bentrott stated the previous owner had constructed the retaining walls. Mayor Jabbour stated the question for the City Council to determine is whether the upper portion of Bluff Street should be opened up for private use. Goetten stated in her opinion Bluff Street should not be opened up due to the precedent that it might set. Mayor Jabbour stated he was in agreement with Goetten. Van Zomeren commented that the present plan proposes additional retaining walls, noting that hardcover has not been calculated on that portion. Van Zomeren stated that drainage and grading will need to be reviewed based on whether or not Bluff Street is vacated and the conditional use permit is approved. Kelley inquired whether the proposed garage will be built. Bentrott stated they are proposing to construct the new garage halfway to the back of the house. The new garage will be similar to what currently exists only in a different location. Kelley stated in his opinion this application comes down to whether there is a hardship that exists for relocating the garage. Mayor Jabbour commented that the present situation of backing out onto the roadway is a dangerous situation. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23.1998 (#2395 Brent Bentrott, continued) Kelley Inquired whether this Is the plan that the Applicant would like the City Council to act on. Gronberg stated the first plan submitted by the Applicant was a better plan engineering-wise but they have attempted to revise the plan to accommodate the wishes of the Planning Commission. Kelley noted that City Staff has not had an opportunity to review the proposed grading and drainage. Mayor Jabbour inquired whether the City Council would be In favor of opening up Bluff Street for private use, noting that he personally does not have a problem with the vacation. Jabbour inquired whether that would be a permitted use under Orono's ordinances. Barrett stated in his view the use of the alley or driveway is consistent with the easement, noting that Bluff Street is a legal platted road. Barrett remarked that the other issue is who owns the underlying fee for Bluff Street and that a third party may need to consent to the private use If that underling fee is owned by a third party. Mayor Jabbour remarked that if the City Council is in agreement with allowing Bluff Street to be used, then it will need to be determined whether there is a third party involved. Bentrott commented that this plan has been reviewed by the City Engineer. Mayor Jabbour noted that the fee owner will need to be determined and that the City Council cannot give permission to drive on neighbor's land. Jabbour stated that it appears to be the consensus of the City Council to aii'.^w the Applicant to use Bluff Street. Dale Lindquist, Planning Commission, stated that it was their understanding that Bluff Street would not be opened up. Moorse noted that the grading and drainage still needs to be addressed and could perhaps be made a condition. Kellogg stated that Item #3 needs to be addressed further, noting that he has a concern with the amount of water that will flow through the culvert as well as the affect the grading would have on the adjoining property. Kelley stated that the drainage impact to the neighboring property needs to be fully understood before this project can proceed. Gronberg noted that Bentrott's house is lower than the neighbor's and any drainage problems would occur on the Bentrott property first before the neighboring property. Mayor Jabbour stated the drainage issues need to be addressed first before approval of the driveway a.nd garage can be given. Jabbour remarked he would like to see no impact to the £ Ijoining property, and recommended that the Applicant continue to worit with his neighbors to ease any concerns that they may have. Jabbour moved, Kelley seconded, to adopt RESOLUTION NO. 4198 for the proposed house Improvements which require side yard adjacent to street variances only, ~nd to continue Application #2395,1453 Park Drive, to the December 14th City Council me .'ting, with the understanding that the City Council is in agreement with granting use of the upper portion of Bluff Street for a landing subject to the submittal, review, and approval by the City Engineer Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23,1998 (#2395 Brent Bentrott, continued) and City Staff of a drainase and grading plan with no additional watershed to the adjoining property. VOTE: Ayes 4, Nays 1, Goetten opposed. Goetten noted she was not opposed to the continuation but had concerns regarding the use of Bluff Street. Van Zomeren inquired when the Applicant should have the information submitted by. Mayor Jabbour stated that the information should be submitted by December 4th if this item is to be included on the agenda for the December 14th meeting. (#5) #2399 MURIEL SENN, 4448 NORTH SHORE DRIVE - VARIANCE Muriel Senn was present. Van Zomeren presented photographs of the property to the City Council members. Van Zomeren stated the Applicant is requesting multiple variances to add to an existing residence and to construct a garage. This residence lies within the LR-1B district, which has a minimum of one acre. However, this parcel only consists of .38 acres, and does not lend itself well to many improvements. Van Zomeren remarked the Applicant has submitted three or four plans and is now proposing to change the roof line and to construct a garage located 10 feet off o.' the property line. Van Zomeren noted that 84 percent of the lot is located in the 0-75 ’ setback, and requires variances to lakeshore setback, north side yard setback, street yard setback, structural coverage, and hardcover. A large amount of hardcover consists for the driveway, noting that Hennepin County has paved a portion of the lot due to erosion. The Planning Commission had recommended unanimously to deny the application finding that the amount of hardcover remains excessive and the structural coverage exceeds the 15 percent limit by 147.7 square feet. Senn commented she has resided on this property for 24 years and has seen her land continually erode. There currently is no parking on either side of the street and it is difficult to access the existing garage. Senn stated she is in need of more storage room due to the fact that there is no basement or attic in the residence and she is limited to three closets. Senn staled she would like to convert the old garage into a utility room, noting that her furnace Is presently located in her kitcht a^d needs to be replaced in the near future. Senn remarked she has met numerous times with • bv r to revise plans that would reduce the need for variances but this property does not len’ •** .. I to any improvements without requiring variances of some sort. Mayor Jabbour commented that u..s residence once possibly was a cottage and was converted Into a yea'-round residence. Jabbour stated a hardship is determined based on the configuration of the lot and other factors. Senn staled that the residence was only six years old when she purchased the property and it didn't seem to be a cottage at that time. Senn noted there were no setback requirements at that time. Mayor Jabbour stated in his opinion a hardship does exist. Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16,1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith. William Stoddard. Elizabeth Hawn. Dale Lindquist. Janice Berg. Lili McMillan, and Charles Schroeder. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren. Assistant Zoning Administrator Paul Weinberger, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:33 p.m. RENEWAL: PUBLIC HEARING (#1) #2442 TONY AND DIANE EIDEN, 345 LEAF STREET, VARIANCE RENEWAL, 6:34 p.m. - 6:40 p.m. Diane Eiden was present. Van Zomeren stated the Applicants are requesting a renewal for a lot area variance for their property located at 345 Leaf Street. The previous resolution was adopted In July, 1997, and expired on July 28.1998. Van Zomeren stated the lot, comprised of 1.77 acres, does not meet the rninimum two acre requirement. The existing structures are to be removed for new construction with no new changes being proposed. Staff recommends approval of this application. Diane Eiden staled they would like to renew this application. There v/ere no public comments. Hawn moved, Smith seconded, to approve Application #2442, renewal of Resolution No. 3937 for property located at 345 Leaf Street. VOTE: Ayes 7, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS 2) #2395 BRENT BENTROTT, 1453 PARK DRIVE, VARIANCES AND CONDITIONAL USE PERMIT, 6:40 p.m. -7:12 p.m. Brent Bentrott was present. Van Zomeren stated the Applicant is requesting a conditional use permit to allow some grading and land alteration to occur within Five feet of the ' 'cperty line and to allow 500 cubic yards of fill. The Applicant has submitted a revised plan that sr.: .vs a different driveway approach than what had been previously reviewed by the Planning Commission at the October meeting. The revised plan moves Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16,1998 (^2395 Brent Bentrott, continued) the curb cut to Bluff Street to provide a less steep landing area. Van Zomeren remarked that Tom Keilogg, City Engineer, has reviewed this property and has concerns regarding the negative Impact the grading would have on the adjoining property as well as the need to relocate the curb cut on Bluff Street if that street is ever opened for public purpose. Van Zomeren stated the Planning Commission had recommended in July that Bluff Street not be vacated. The proposed driveway cannot be contained on the Applicant's property because of the existing topography and the need to provide a grade of ten percent or less for the driveway. Chair Smith stated to her recollection the reason the last plan submitted in October was not looked favorably upon was due to concerns regarding grading and drainage, and this newly revised plan seems to be similar to a previous plan that was submitted where the Applicant was advised that the Planning Commission would not look favorably upon a vacation to Bluff Street. Bentrott remarked this is a new plan that has not been submitted before. Chair Smith commented this plan appears to have a different degree of impact on Bluff, but it was the consensus of the Planning Commission a couple of months ago that they would not look favorably upon any plan that would impact Bluff Street. Van Zomeren stated that it was her understanding that Bluff Street currently contains a grade of 23 percent. Bentrott stated he received Kellogg's letter on Thursday, noting that the proposed curb cut is 19 feet and not the 20 feel as stated in Kellogg's letter. Bentrott remarked the curb cut could be further reduced if necessary. Stoddard Inquired whether the driveway could be completely located on the Applicant's property. Van Zomeren staled the driveway cannot be located entirely on the Applicant's property due to the topography that exists and the need to have a flat area to make the proper grade. Van Zomeren commented that the grade of the driveway was not known at the last meeting. Chair Smith inquired whether there were any public comments. There were no public comments. Chair Smith slated there has been some comments received from the adjoining neighbors Mark and Pam Palm. Van Zomeren remarked that City Staff has received some inquiries from the Palms regarding what is being proposed. The Palms are proposing to do some underpinning around the foundation of their house. The City Engineer has stated that grading cannot accurately occur up to the property line, and that some grading may occur on the neighbor's property. Chair Smith stated according to some comments contained in Van Zomeren's memorandum, the Palms have concerns about the drainage impact on their property. Smith inquired what the Palms exact concerns were regarding. Van Zomeren staled the Palms have reviewed the proposed plan and called City Staff saying they Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16,1998 (#2395 Brent Bentrott, continued) did not understand what exactly was being proposed, and they were advised that they needed to have an independent person review the plan on their behalf. Bentrott commented he has been speaking with the Palms about this project, noting that they have endorsed this project in the past. Van Zomeren stated that one issue is the fact that the curb cut and driveway does not meet City standards, and that the Public Service Director would not approve it as proposed. Schroeder commented he was not sure that the driveway could be designed to meet the appropriate standards. Chair Smith remarked she does not see many options available to the Applicant regarding his driveway. Bentrott stated that Gronberg has reviewed his property and suggested that the garage could be • located three to four feet higher, which would require more fill and retaining walls. Van Zomeren commented that the City Engineer has not reviewed that option. Lindquist stated in his opinion that option will not be acceptable either. Bentrott stated he has taken photographs of the surrounding neighborhood depicting their driveways, noting that two of the existing driveways have steeper grades than what is being proposed here. Chair Smith commented she was unsure what the Applicant was referring to, noting that the Planning Commission can only address what is before them with this application. Schroeder commented this is a hard lot to work with, but would not look favorably on a vacation of Bluff Street. Bentrott stated there is history that the City has vacated unopened, platted streets previously. Van Zomeren remarked that the vacation the Applicant is referring to occurred in the 1960s. Lindquist stated the Applicant can request the City Council to vacate Bluff Street. Chair Smith commented even if Bluff Street is vacated, there still are some drainage issues that would need to be addressed. Smith stated the Planning Commission is merely an advisory body to the City Council and they may choose to go a different route. Schroeder suggested the Planning Commission vote on this revised plan, noting that the only way this proposal will v/ork is if Bluff Street is vacated. Schroeder commented the drainage issues with the adjoining property v/ill still need to be addressed. Chair Smith stated the Planning Commission needs to get some direction from the City Council on Bluff Street, noting that the Planning Commission did not look favorably on vacating Bluff Street In the past. Lindquist stated he has a problem with the drainage, but this application needs to move forward. Bentrott commented he would like the Planning Commission to act on this application. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16.1998 (#2395 Brent Bentrott, continued) Schroeder moved, Lindquist seconded, to deny Application #2395,1453 Park Drive, fora conditional use permit due to concerns regarding the vacation of Bluff Street and Park Drive If future development should occur in that area and the potential drainage issues to the adjoining property. NO VOTE TAKEN. Van Zomeren noted this hearing is concerning the conditional use permit and that the variances had been addressed at the October meeting. Chair Smith commented that the variances were not voted on at the last meeting. Lindquist Inquired whether the Applicant would like the Planning Commission to act on the variances at tonight's meeting. Bentrott stated he would. Van Zomeren commented that the hardcover figures are not available. Lindquist stated he would like the hardcover figures before voting on the variances. Schroeder noted this application will be appearing before the Planning Commission again. Chair Smith inquired whether this application could go before the City Council on the Bluff Street issue without the Planning Commission taking action on the variances. Schroeder recommended that they vote on tne motion that has been made, and inquired whether public notice needs to be given on the variances. Van Zomeren stated hardcover can be reduced but not increased. The amount of hardcover in the 75-250* setback is 1.036 square feet for the driveway and 572 square feet for the garage, noting the current hardcover without the driveway and garage is 2,303 square feet or 24 percent. The proposed changes to the house should not impact hardcover in the 75-250' setback. Council Member Goetten suggested that the Planning Commission make a full recommendation to the City Council regarding the vacation of Bluff Street and the variances. Schroeder moved to amend his motion to include denial of a Conditional Use Permit dealing with construction of the new garage due to concerns associated with the vacation of Bluff Street and the drainage impact on the neighborhooding property, and denial of variances for side yard adjacent to street variance to allow a new garage to be located eight feet from the property line, a variance to the hardcover requirements in the 75-250* setback as outlined in the Planner's Report dated October 14,1998, and to approve that portion of Application #2395 for 1453 Park Drive granting of a variance to side yard adjacent to street to allow a new deck and porch to be located one foot from the property line. Lindquist seconded the amended motion. McMillan Inquired whether the proposed driveway is located mainly In the right-of-way for Park Drive. Van Zomeren stated that a portion is in Bluff Street and a portion in Park Drive as well. VOTE ON AMENDED MOTION: Ayes 7, Nays 0. Page 4 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2427 Kenton and Diane Carlson, Continued) Van Zomeren commented the drawing shows 3/4' stone along Baldur Park Road and In the yard between the house and north property line. Currently a boat Is stored on the rock. Staff is recommending that this area be regarded as hardcover but not included In the hardcover survey. Staff is recommending that this stone or rock be replaced with sod and landscaping. Staff is also recommending approval of the after-the-fact variances for structural lot coverage, side yard setback, and hardcover, with the condition that no further variances for hardcover and structural coverage be granted. Carlson stated he Intends to sell the boat or house the boat indoors. Chair Smith suggested the Applicant seriously consider adding sod to that area. Carison commented he could put in a decorative garden in that area. There were no public comments. Chair Smith stated the Planning Commission will give the Applicant a reasonable amount of time In which to remove the boat. Lindquist suggested by June 1,1999, the Applicant have grass in the area and the rock removed. Chair Smith suggested the boat be removed within 60 days. Smith inquired whether hardcover for this lot should be reduced. Van Zomeren recommended no new hardcover or structural coverage be allowed on the property. Stoddard moved, Smith seconded, to approve Application #2427, 3498 North Shore Drive, granting of after-the-fact variances for side yard setback, hardcover, and structural coverage, subject to removal of the boat within 60 days of today ’s date, and further subject to the condition that the rock be removed and sod be placed in the area where the boat is currently stored, and further subject to the stipulation that no new hardcover or structural structure will be allowed on this properly In the future. VOTE: Ayes 5, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#4) #2395 BRENT BENTROTT, 1453 PARK DRIVE - VARIANCES AND CONDITIONAL USE PERMIT, 8:04 p.m. - 8:54 p.m. Mr. and Mrs. Brent Benlrolt were present. Van Zomeren stated the Applicants have appeared at the July 20th and August 17th Planning Commission meeting requesting hardcover variances, a 10 foot vacation of Bluff Street, and side yard adjacent to street setback variances. Van Zomeren co.mmented the Applicants have submitted a new plan which requires a side adjacent to street variance to allow a new deck and porch to be located one foot from the property line, as well as a side yard adjacent to street variance to allow a new garage to be located eight feet from the property line where 35 feet is required. A variance to hardcover is also required in the 75-250 ’ setback to allow 35.32 percent hardcover. Page 7 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2395 Brent Bentrott. continued) Van Zomeren stated a conditional use permit Is also required to alter land and grade within five feet of the property line which will require proper notification to the adjoining property owners. Bentrott commented his architect has reviewed Kellogg's letter and responded to the concerns. Bentrott stated they are contemplating planting hostas and other green cover along the bank to avoid the necessity for mowing. Mrs. Bentrott commented they have planted hostas previously along an existing bank. Bentrott stated they could also consider constructing a retaining wall or move the fill somewhat. Chair Smith inquired whether the water drainage issues concerning the adjoining properties have been adequately addressed. Bentrott stated their adjoining neighbor is in the process of remodeling as well. Lindquist stated a joint drainage and grading plan should be developed between the property owners to resolve any water runoff issues. Bentrott remarked he was unsure what Item No. 4 In Tom Kellogg's letter was referring to. Van Zomeren stated the language contained in Items 3 and 4 is standard language for a subdivision, and was not sure of Mr. Kellogg’s Intent by including that language in his letter. Bentrott commented he is frustrated by the continual requests by the Planning Commission at each meeting to change a different aspect of the plan, noting he requested at the last meeting to have the Planning Commission give better direction on what they would like to see changed in the plan. Van Zomeren stated Staff has received a letter from the Palms at 1447 Park Drive expressing their support of this application. Bentrott commented according to the building inspector, his present driveway Is a hazard due to the necessity to back out onto the street. Hawn stated she has concerns about the amount of fill that will be necessary. Chair Smith stated the drainage issues still need to be addressed before this application could be approved. Stoddard stated he was okay with the three foot setback on the side for the proposed th ee season porch. Hawn commente*:; she knows the Applicant has appeared before the Planning Commission thvee times, noting the--# are substantial issues that need to be addressed with this application. Lindquist stateo a definite plan for the grading and drainage needs to be submitted. Van Zorneren stated notification needs to be given to the adjoining property owners of the request for a conditiorial use permit for any grading within five feet of the property line, noting there was not sufficient time to give notice to the neighbors before tonight's meeting. Van Zomeren commented the Applicants have been working closely with City Staff to get an acceptable plan together. Page 8 ORONO PLANNING COMMISSION MONDAY. OCTOBER 19,1998 (#2395 Brent Bentrott, continued) Chair Smith inquired when the Applicants were planning on commencing construction, Bentrott staled they had wanted a fall start date but have pushed it back to the spring. Chair Smith suggested putting this item on the November agenda to allow the Applicants time to submit a detailed drainage plan and less fill required. Eentrott inquired whether the Planning Commission could approve the application subject to the submittal of a drainage and grading plan. Schroeder stated an acceptable drainage plan needs to be submitted before approval can be given Van Zomeren stated the steepness of the driveway also should be addressed. Stoddard suggested approving the side yard and hardcover variances subject to the submittal and approval by City Staff of a grading and drainage plan. Lindquist inquired whether the Planning Commission was in favor granting the variances. It was the concensus of the Planning Commission that they might look favorably upon the variances subject to an acceptable grading and drainage plan. Schroeder moved to approve Application #2395,1453 Park Drive, granting of variances to side yard adjacent to street to allow a new deck and porch to be located one foot from the property line, a side yard adjacent to street variance to allow a new garage to be located eight feet from the property line, a variance to the hardcover requirements in the 75-250* setback as outlined In the Planner's Report dated October 14,1998, subject to the submittal and approval of a drainage and grading plan before commencement of construction. MOTION DIED DUE TO LACK OF A SECOND. Van Zomeren noted an extension will be required because the 60 days expires November 8th, Schroeder suggested tabling the iiem since notification has not been given for the conditional use permit. Schroeder withdrew his motion pending submittal of a grading and drainage plan. Van Zomeren stated the variances are part of the old application. Schroeder suggested submitting a new application for the variances as well as inclusion of the request for a conditional use permit. Chair Smith stated it was the concensus of the Planning Commission that the variances will be approved subject to the submittal of an acceptable drainage and grading plan. Smith moved, Schroeder seconded, to table Application #2395,1453 Park Drive, to allow the Applicants time to submit a drainage and grading plan. VOTE: Ayes 5, Nays 0. (#7) #2413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE - VARIANCES, 8:55 p.m. 9:05 p.m. Paul and Megan Bennett were present. Page 9 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2413 Paul and Megan Bennett, continued) Weinberger stated this item was before the Planning Commission at the September meeting where it was tabled to allow the Applicant time to pursue possible purchase of an adjacent tax forfeited lot. The Applicants are proposing to constmct a 20 ’ by 24 ’ garage with second ficor living space to the existing residence which requires variances to the side yard adjacent to street setback requirements, side yard setback requirements, rear yard setback requirements, and a variance to the structural coverage. Weinberger noted in 1991, the City Council adopted Resolution No. 2982 to permit the construction of a deck by the previous owner with the advisement that future proposals to increase lot coverage by structure on this property would not be looked upon favorably by the City Council. Weinberger stated without the adjoining lot the hardcover would be at 31 percent and with the adjacent lot it would be 14.4 percent. Bennett commented he is willing to purchase the tax forfeited lot but would like to negotiate on the special assessment for the sewer. Chair Smith stated the Planning Commission does not have the authority to v/aive special assessments and it would need to be brought before the City Council. Lindquist commented he would approve the application if the adjoining lot is purchased and would deny the application if the adjoining lot is not purchased. It was the concensus of the Planning Commission that the application be approved subject to the purchase of the adjoining lot. There were no public comments. Smith moved, Schroeder seconded, to approve Application 02413,500 Hanlon Avenue, as outlined in the October 15,1998 Planner ’s Report, subject to the acquisition and legal combination with this property of the tax forfeited property. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS, CONTINUED (#10) 02411 PAUL HANSSEN, 3195 CASCO CIRCLE - VARIANCE AND CONDITIONAL USE PERMIT, 9:08 p.m. - 9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Paul Hanssen was present. Weinberger stated the Applicants are requesting a land alteration permit to replace a boathouse 15 feet from the lakeshore as well as replacement of a deck located on top cf the boathouse that was damaged in a wind storm. The building official has reviewed the boathouse and has determined the boathouse to be in a deteriorating condition which was not the result of the wind storm. Weinberger remarked the Applicant has hired a structural engineer to reviev/ the boathouse and was advised that the front and back walls would need to be replaced as well as portions of the side walls. The structure's foundation will also need to be replaced which will require a conditional use permit Page 10 Application Date: 10/8/99 Completion Date: 10/8/99 60 Day Deadline: 12/7/99 COUNCIL MEETING NOV 8 1999. CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: 11/01/99 ITEM NO.7 Department Approval: Administrator Reviewed: Name Wendy Bottenberg Title Assistant Zoning Administrator/Planner Agenda Section: Zoning Item Description:#2532 Herman and Marilyn Crawford 4745 North Shore Drive Variance Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) I ’it .Area:approximately 20,635 s.f. (.47 acres) jtH^plka^ion: The applicants have proposed to construct a two stall attached garage to the exMttiTig residence and require variances for rear yard setback and hardcover in the 1: '50'setbi.ck are*'^ ihc attached garage would be located 3' from the rear yard line where 30' i - , ,.vvd nd for hardcover in the 75’-250' setback where 3,498 s.f. (26%) exists. 3,912 s.f. (29.08%) is proposed and 3,363.3 s.f. (25%) is allowed. Ihc existing garage will be removed when the new one is constructed. The driveway w ill continue to come off County Road 19 and the garage door will face east. The existing gravel driveway will remain and will be used as a turn around. The requested variances are for: 1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Lakeshore Hardcover Requirements: Within 75'-250' of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 3,912 s.f. (29.08%), where 3,498 s.f. (26%) exists, and 3,363.3 s.f. (25%) is allowed. 2. Section 10.24, Subd. 5(B): LR-IB Lot Requirements: To allow construction of the attached garage 3' from the rear yard lot line where 30 ’ is required. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 7-0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. I CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 ZONING FILE # 2532 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 10/20/99 TO: Herman and Marilyn Crawford 4745 North Shore Drive Mound, MN 55364 COPIES: TYPE OF APPLICATION:Variance DATE OF MEETING:10/18/99 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council November 8,1999. meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Wendy Bottenberg at 612-249-4600. j i « i4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2532 WHEREAS, Herman Cra^\ford and Marilyn J. Crawford (hereinafter "the applicants") are owners of the property located at 4745 North Shore Drive within the City ot Orono (hereinafter "City") and legally described as follows: Lots 1, 2, 3, Block 6, Bergquist and Wicklund's Park, 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 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 variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit construction of a 2 stall attached garage located 3' from the rear yard lot line where 30* is required and requiring a hardcover variance in the 75-250' lakeshore setback area of 3,912 s.f. (29.08%), where 3,498 s.f. (26%) exists and 3,363.3 s.f (25%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2532. The property is located in the LR-IB, Zoning District where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of .47 acres or 20,635 s.f. 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: !<• 5. 6. A. The proposed attached garage will be within the property lot lines. The City Council finds that the conditions existing on thi.s 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 £is 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 Plaiming 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 10.22, Subdivision 2; and Section 10.24, Subdivision 5 (B) and Section 10.56, Subdivision 16 (L) (2) to permit construction of a 2 stall attached garage located 3' from the rear yard lot line and to allow 3,912 s.f. (29.08%) hardcover in the 75-250' lakeshore setback area. 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 (November 8, 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 8th day of November, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 8th day of November, 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 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 person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199_before me a Notary Public within and for said county, personally appeared______________________________^--------------— knovMi to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 •-0 rSeg ON O On CERTIFICATE OF SURVEY FOR HERMAN CRAWFORD IN LOTS t, 2. «. 3. BLOCK 6,: BERCQUISTS k WICKLUND' S PARK HENNEPIN c 6un Y'Y. MINNESOTA « . W 5*3* 1 10 TO: FROM: DATE: Chair Hawn and Orono Planning Commission Members Ron Moorse. City Administrator Wendy Bottenberg, Assistant Zoning Administrator/Planner October 13, 1999 SUBJECT: #2532 Herman/Marilyn Crawford 4745 North Shore Drive Variance -- Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:approximately 20,635 s.f. (.47 acre) This application requires the following vgriances: Section 10.22, Subd. 2 and Section 10.56, Subd. 16(L)(2): Lakeshore Hardcover Requirements: Within 75-250' of the shoreline there shall be no greater than 25% hardcover. To permit a hardcover variance to allow 3,912 s.f (29.08%) where 3,498 s.f (26%) exists and 3,363.3 s.f (25%) is allowed. Section 10.24, Subd. 5(B): LR-1B Lot Requirements: To allow construction of the attached garage 3' from the rear yard lot line where 30' is required. Application Summary: The applicants have applied for a rear yard setback and hardcover variances to permit construction of an attached garage to the existing residence. The attached garage would be located 3' from the rear yard setback where 30' is required and for hardcover in the 75'-250' setback where 3,498 s.f (26%) exists, 3,912 s.f (29.08%) is proposed and 3,363.3 s.f (25%) is allowed. The existing garage will be removed when the new one is constructed. The driveway will continue to come off CounK Road 19, but the garage door will face east. The existing gravel/driveway will remain and will be used as a turn around. tt2532 Herman Crawford 4745 North Shore Drive Variance PC-IO/13/99 page-1 ANALYSIS T.ot Area: LR-IB Lot Area Rear yard setback Required 43,560 s.f. (1 acre)30' Existing 20,635 s.f. (.47 acre)16' Proposed 20,635 s.f, (.47 acre)3' Hardcover Calculations : Distance from Shoreline Total Area in Setback Allowed Hardcover Existing Hardcover Proposed Hardcover 0’-75 ’7,182 s.f.0 s.f 0%155 s.f (2.16%)155 s.f (2.16%) No change 75'-250'13,452 s.f.3,363.3 s.f (25%)3,498 s.f (26%)3,912 s.f (29.08%) Statement of Hardship: The applicants have included their statement of hardship in Exhibit A. The applicants should also be asked tor the*: iestitr.''ny regarding this issue. Issues for Consideration: 1. The existing garage goes past the property line. It was built before County Road 19 was turned into a county road. The new garage placement is more suitable for the lot. 2. The lot has several very mature trees that the applicant wishes to remain, 3. Other issues raised by the Planning Commission. #2532 Herman Crawford 4745 North Shore Drive Variance PC -10/13/99 page - 2 T Staff Recommendation : Staff recommends approval of the variances for rear yard setback and hardcover in the 75'-250' area. Attachments A Application B Site Plan/Survey C Plat Map D Location Map E Hardcover Worksheets F Property Owner's List G Permit Record *i2532 Herman Crawford 4745 North Shore Dr he Variance PC-1 O '13/99 page-3 4 Application # 2.S3 ^ Date Received" *^j7.2./9'y Amount Paid 7.^0^ 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 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address //or^kshor^ 'T>r\vc , 0/^otJo Property Identification Number fP.I.D.I 6 7 -//7- P3-30 ’^^^9 ______________ Attach legal description to application if not included on required survey. Date Property Acquired Qr4oL^r I97:i _______________________^(month/year) I (do) 6do not]) also own the adjacent parcels of land. i|v Present use of property: *-"tesidential Zoning District: LtZ -1(5 2k APPLICANT other (specify).[spo • re. Phone (home l H7^’3/¥9 Name »t O rnujferA _ Phone (work)_SO^- //DriiskLm. T>rwt. City: M„o^P Zip:. OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:. Estimated Construction Cost $ ^o. o ooDESCRIPTION OF REQUEST ___, Describe request in detail: Rol/J eii4-a.c.U^J 4-o St'd^ af g^is-/' I- - -O (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area t-^^etback: ___Lot Width Front Side Hardcover 1 9 J I") Lot CoverageT^^ >"'^ear ~Wt>r4i^ Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements; ! er ^u;/J gy\ an S.'^es af i\n<, ^oose. ' ike. ujesT «t;<L IS 4 OO C OSr •lo SOij 4V\ ^ /i*./is»c/*^ CAs4 "(attach aadition^ sheets if necessary) j jI 1 I .(attacn additional snee.is ii necessary, j j Side. U>U.-ci^ Uic. *io T» dcs'f*’o^. 6 REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. See. 3^ 4 5. .X 444cA»m^ »S 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 fi'om Henhepin 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 814" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" 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 information supplied is truejmA corjert to the beat of his/her knowledge. Applicant’s Signar.'je Date 0\\TVER'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 pur^^^^^jnVest^atio^and verification of this request. Owner's Signature Date _______ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month, .\pplicants 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 n O Twxn.s A3B END CM Ui 1 IFI 1 N ifITH ,400 MSTUtt-M hv>I .>r •.» \ V.: ;'.'?;\v-/ -r WED 04K . 4J' if;;: . Course ^T.;:A A.. : - ,. \ . • v. \ WEST ■WAMCH wo • • * ' • • *i i.:. il-FOX Norti i f .;.. . ;> r. •! i f >- "A*?V Jennings] Bay iK' I600.;- 7<*«« “ '.*• # «- ^ , '' |mummu ^;^^Barrison \____ Bay^ • • % - \ , I IS ^ V ewAWOViEwUUyi 'T:^Lake-j% '< • A •/.*A if % * , AJIsAfoji; ........................... ^ \ • -4...' •/.' •• -J\:; .A \ P • .s^-ArV r -.•i'.'i * .‘V*..' 5^i*• • \ \ V' * " ' ■ ay:Arm a A V>>'^v • y A. •;. i‘i:^ : v L5^.- r .* > • 3r# ^ \wO-«r/» XS \»Bit miVL>^ r i f 1 . . V J600 ORONO^'=' Arm • • # . • 5AodWoo(/ Point DEERINO • q^U\ND . Fagerness Point MWOWUII^ j^l “ • f • * ♦ • Crystalmm • • t bh /a^/i.-f<f j^a Ci/AA^efT HARDCOVER^LCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' EXISTING HARDCOVER IN ZONE A. House X = 500-1000’ Length Width X X X ss =; B. Garage C. Driveway X X D. Sidewalk IS5- E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B ISb "71 Bt. X 100 Z./€ PROPOSED HARDCOVER IN ZONE A. House Length Width X X X B. Garage C. Driveway X X D Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabnc X X X G Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B X 100 2. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ,wa>t) 5 S.F. S.F.* ■ S.F. S.F. S.F. S.F. S.F. A S.F. B S.F. S.F. S.F. S.F. S.F. S.F. S.P.- S.F. S.F. S.F. S.F. S.F. S.F. S.F. /55 S.F. 7/^Z S.F. ’! •• 1f! : - > v*>»J ,|r A B f-|e:RA\/\N C.RAWfOi2C> iAVORKSHEETHARDCOVER CALCULA SETBACK ZONi:! (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House 0-75* Length ^•3 X X X B. Garage C. Driveway X X D. Sidewalk E. Patic/Deck X X F. Lancjjcapc Underlain By Plastic Or Fabric X X X G. Other -W0C7D WALL> TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B PROPOSED HARDCOVER IN ZONE A. House Length X X X 3 Garage Cf x C. Driveway Dt nytrtAjA >f x D. Sidewalk A €MOi/f /f x X E. Palio/Dcck AJfou ACC< fiecK. X X F. Landscape Af/hot/f ^c/tk \ Underlain ______________ x By Plastic ______________ x Or Fabnc G Other TOTAL RARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B 250-500'500-1000 ’ 12.5*5" s.F-H^c/Sf Width 2.^ 1^/ \.00^ V7 xO,5 s Sw 20. 34^8 X too Width 7* 720 - /4/ ** -4S t ^00 - 7/<? -t?o g p --cni‘*\N^y S.K. S.F-CONCAff S.F. S.F. S.F. S.F.-5TFPP/*>dr « S.F. .S.F.. . S.F. g p “* w£fr ofi ► S F - gMT OA H S.F. -S.F. S.F. 2€.^0 ■ % A B S.F. S.F. S.F. S.F. f-^7 • % I 0 S.F.(: S.F. S.F. S.F. S.F.•*v S.F. S.F. /V . S.F. urAtf S.F. S.F. tv :i . iv S.F. t jy9<P y- 4 /^ r yS.F. __yJ.4SJ S.F. X 100 = A B 29 ,OP9o % Li RUN DATE 09/20/99 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST BATCH 503 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP AODR OWNER NAME TAXPAYER NAME/ADDR PROP AOOR OWNER NAME TAXPAYER NAME/AOOR PROP AOOR OWNER NAME TAXPAYER NAME/AOOR SB 07-117-23 32 0003 00725 TONKAVIEW LA E I T CHRISTIANSON EARL A TERRY CHRISTIANSON 0001 TONKA VIEW LANE MOUND MN 55300 SB 07-117-23 32 0010 . 00730 TONKAVIEW LA ' LARRY A CREENHACEN ET AL L CREENHACEN 0 V CREENHACEN 0739 TONKAVIEW LANE MOUND MN 55300 30 07-117-23 32 0010 00731 NORTH SHORE DR DENNIS A MEYER DENNIS A MEYER 0000 NORTH SHORE DR MOUND MN 55300 50 07-117-23 32 0021 00755 NORTH SNORE DR C R EVERSON P N E EVERSON CARRY 0 MARIE EVERSON 0755 NORTH SHORE DR MOUND MN 55300 REPORT NO. PI035001 PAGE 5 30 07-117-23 32 0009 00730 NORTH SHORE DR CHRISTINE J SCHANZENBACH CHRISTINE J SCHANZENBACH 0730 NORTH SHORE DR MOUND MN 55300 30 07-117-23 32 0010 00750 NORTH SHORE OR JAMES R THOMSON ETAL JAMES THOMSON 0750 NORTH SHORE DR MOUND MN 55300 SB 07-117-23 32 0010 00731 NORTH SHORE OR DENNIS A MEYER DENNIS A MEYER 0000 NORTH SHORE DR HOUND MN 55300 50 07-117-23 32 0017 00725 NORTH SHORE DR J P HENRY ETAL' J P HENRY 0725 NORTH SHORE DR MOUND MN 55300 30 07-117-23 32 0010 0O7O5> NORTH SHORE DR HERMAN CRAWFORD ETAL HERMAN CRAWFORD 0705 NO SHORE DRIVE HOUND MN 55300 50 07-117-23 32 0020 00753 NORTH SHORE DR JOHN FRIDAY JOHN FRIDAY 0753 NORTH SHORE DR ORONO MN 55300 TOTAL BATCH 503 00010 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AHO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDCE AND BELIEF. DATE F. ^ qj/ SaaMyC/f • i 6 9, /Jari^] ,^or^- G PERMIT RECORD Permit No.Date Type of Permit 6'd¥-77>'y<3ioU&j eJayOQJejt^ hikx^ 2£3l 3y^‘7 /0 73'tf 7-9- 7Xam. A•I mit Application Date: 9111199Completion Date: 9/22/9960 Day Deadline: 1/20/00 COUNCIL WEEDWONOV 8 WWCITY OF ORONOREQUEST FOR COUNCIL ACTIONDATE: 11/2/99 ITEM NO.: % Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: Janies D. Render Render Development, Inc. 1315,1335, 1355 Tonkawa Road and 3430 North Shore Drive Class III Preliminary Plat Subdivision-Public Hearing LR-IC, Single Family Lakeshore Residential, 1/2 Acre minimum lot size. Sewered Comprehensive Plan: Urban Service/Urban Residential 1/2 acre density Site Area: Proposal: 2.38 Acres Three lot Residential Development (Single Family) Exhibits: Application Preliminaiy Plan (dated 9/21/99) Plat Map Section/Address Map Legal Description Final Plat of Tonkawa Shores (approved 6/8/99) Resolution No. 4091 - Approving the Plat of Tonkawa Shores Resolution No. 4053 - Approving the Preliminar> Plat of Tonkawa Shores Section 10.25 - Standards for the LR-IC Zoning District City Council Minutes (6/8/98) City Council Minutes (3/23/98) City Council Minutes (3/9/98) Planning Commission Minutes (2/17/99) Property Owners Notification List PARCEL INFORMATION Property Identification:The subdivision includes the following parcel(s):08-117-23-42-0005/06/07/08 m lot Summary of Request James Render, Render Development, Inc., has proposed a three lot Class III Subdivision - Preliminary Plat application. The subdivision would involve four existing conforming lots being reduced to* three lots. On June 8, 1998 the City Council approved the Plat of Tonkawa Shores (attached as Exhibit F). Tonkawa Shores created three .5 acre parcels to be served by a private Outlot, shown on the plat as Outlot A. Mr. Render currently owns Lots 1,2 and 3 within the Plat of Tonkawa Shores. He has proposed a Preliminary Plat, to be known as Tonkawa Shores 2nd Addition, which includes an existing lot located at 3430 North Shore Drive. The four lots would eliminate one lot and relocate the existing property lines to create larger parcels. Lot Size Existing Proposed Lot 1, Tonkawa Shores (1355 Tonkawa Road) Lot 2, Tonkawa Shores (1335 Tonkawa Road) Lot 3, Tonkawa Shores (1315 Tonkawa Road) 3430 North Shore Drive Outlot A, Tonkawa Shores (Private Road) Lot 1, Tonkawa Shores 2nd Addn. (1355) Lot 2, Tonkawa Shores 2nd Addn. (1335) Lot 3, Tonkawa Shores 2nd Addn. (1315) Outlot A, Tonkawa Shores 2nd Addn. (Pvi. Road) 0.55 acre 0.56 acre 0.64 acre 0.63 acre (est.) 0.16 acre 0.89 acre 0.81 acre 0.67 acre 0.16 acre Conformity to Zoning and Comprehensive Plan The LR-IC zoning district has a 0.5 acre minimum lot size. All proposed lots would exceed the minimum lot size for properties in the district. Lot requirements in the LR-IC district are as follows (Section 10.25, Subdivision 6 (B): Address Lot Area Lot Width Street Yard Side Yard Lakeshore .5 acre 100'30 ’10 ’75’ or ALS* 1315 .67 acre nr 127 ’15’250 ’ 1335 .81 acre 140 ’Undeveloped 1355 .89 152 ’Undeveloped • • » W 4 W4 4W A ^ W ^ 0 ^ ^ ^ the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, e.xcept that this does not apply to stairways, lifts, landings, and lockboxes. Further, the a%erage lakeshore setback shall apply only to classified lakes, and shall not apply to tributaries. The a\erage lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Surrounding Properties The lots are located on the south shore of Lake Minnetonka's North Arm Bay. The lots to the south of the subdivision are zoned LR-IC and developed as lakeshore lots with access to CiystiJ Bay. Ma.xw ell Bay boat landing is east of Tonkavva Road and is zoned B-2 for marina use. Lot Layout and Lot Standards As demonstrated in the table on page 2, each lot w'ould meet minimum requirements for new lots in the LR-IC zoning district. The district requires a minimum lot size of .5 acre and demonstrauon of a suitable building envelope. Outlot A would serve as access to the property. Lot 1 would include an existing lot located at 3430 North Shore Drive and the west half of Lot 1, Tonkawa Shores .Addition. A demolition permit was issued for the house on the j4 j0 North Shore Drive lot in 1994. The property gained access via a shared driveway across the property to the south. Lot 2 would include most of existing Lot 2 and the east halt of existing Lot 1. The property is un developed and does demonstrate a suitable building site based on the prior subdiv ision approvals las: vear. Lot 3 is currently being developed w’ith a single family home. The property will slightly increase in size. The lot has an existing drainage easement for stormwater treatment. The easement is in favor of Lots 1, 2 and 3, Torikawa Shores but would not include the 3430 North Shore Drive property. Sewer Connection All three lots are served with municipal sewer and have been fully assessed for sewer. All three lots would be served with private wells. Access The City Council approved a variance for Outlot A permitting the road to only be platted with a 25' width. An 8' roadway easement is located south of the Outlot allowing a total of 33' dedicated for the private road. A second variance was approved for the private road allowing the road to be developed 16' in width where 24' would be required for a private road. The property owners have the obligation to maintain the road. Outlot A has been platted to end 5' short of the west boundary of the property per Council's intent, such that it will be incumbent upon the City to deal with the ov\Tier of Lot 1 should the City ever wish to mtJce the road connection to Birch Lane. The Council found at the time of the Tonkawa Shores subdivision (1998) the road shall not extend to provide a future connection to Birch Lane. Access to the 3430 North Shore Drive lot has been via a shared driveway with three other lots, two along North Shore Drive and two lots on North Arm, with-no road frontage. No vacation of the easements has been proposed. The lot located at 3442 would continue to use a small portion of propo.sed Lot 1 for driveway purposes. Easements 1. 3. A number of easements exist on the property for drainage and utility purposes. All drainage and utility easements along the property lines shall be vacated and new easements shall be dedicated 10' along exterior property lines and 5' along interior property lines. An 8' road easement exists south of the development that is available for the approved roadway agreement. Subdivider shall grant Drainage easements across the wetlands located within the development. Language in the easement documents shall restrict land alteration and removal of vegetation. Park Dedication Fee Park dedication fees were paid for the three lots as part of the original subdivision approval. No additional park impact fees are required. Drainage The City Engineer and MCWT) shall approve drainage and grading plans for the development prior to subdivision approval. A permit likely will be required by the Watershed District. Issues for discussion 1. The road is proposed to be platted 25' in wdth as it exists. There were discussions previously that the road shall not be connected to Birch Land at this time, but it may become necessary at in the future. In Resolution No. 4053 (attached as Exhibit H) indicates the City has no intent to continue said private road westward to Birch Lane at this time. The intent of stopping the underlying road easement 5 feet short of the west boundary is to limit the likelihood that a future Council will make the future through road connection to Birch Lane. Should Oiitlot A be platted through the subdivision to provide for a future connection, or is it the position of the Planning Commission the road will not be necessary because access is available to each lot and a future road would run parallel with North Shore Drive? 2. Although the road has not yet been completed, a "T" turnaround was approved in lieu of a cuUde-sac for emergency vehicle access. Staff would recommend the turnaround be provided. 3. Staff will require a new Developer's Agreement and drainage easement be granted to the Citv'. The drainage easement may be required to increase in size due to the size of the lots within the development being increased. The developer was given credit for the drainage easement within Lot 3 for hardcover calculation purposes only, not lot area. 4. Is the proposed lot layout acceptable? STAFF RECOMMENDATION All the lots meet the zoning district requirements for developments in the LR-1 C zoning district. Staff is recommending approval of the application based on the conditions noted in the attached resolution. PLANNING COMMISSION RECOMMENDATION On a vote of i^to 0 the Planning Commission recommended approval of the subdivision subject to the following conditions; 1. 2. The City Engineer reviews and approves the drainage plan and stormwater treatment within the development. Hennepin County approves the access to Tonkawa Road. Hennepin County has approved the existing lot arrangement and access for the underlying lots. 3. New drainage and utility easements are dedicated to the City of Orono. 4. Underlying drainage and utility easements are vacated. 5. Final plat approval is subject to the MCWD approval of all grading and drainage improvements. COUNCIL ACTION REQUESTED; To approve or amend the enclosed resolution. 4: A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1365 TONKAVVA ROAD - FILE NO. 2535 WHEREAS, James Render, Render Development, Inc. (hereinafter the "subdivider”) on September 22,1999, filed a formal subdivision application with the City for approval of a three lot residential plat of property legally described as: Lots 1, 2 & 3, Block 1, Tonkawa Shores and Lot 16, Lydiards Park, Hennepin County, Miimesota. (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 Subdivision Codes, the Orono Planning Commission helo a public hearing on October 18, 1999, at which time all persons desiring to be heard concerning this application were given the opportunity to speuk thereon; and WHEREAS, at their regular meetings held on November 8, 1999, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.Resolution No. 4091 approved the plat of Tonkawa Shores on June 8, 1998 for a three lot subdivision to be served by a private road. James Render has proposed to replat the property to include Lot 16, Lydiards Park. One lot would be eliminated reducing four lots to three lots. The size of proposed Lots 1, 2 and 3, Tonkawa Sh .res 2nd Addition will increase in size Existing Lot 1, Tonkawa Shores (1355 Tonkawa Road) Lot 2. Tonkawa Shores M335 Tonkawa Road) Lot 3, Tonltawa Shores (1315 Tonkawa Road) 3430 North Shore Drive Outlot A, Tonkawa Shores (Private Road) 0.55 acre 0.56 acre 0.64 acre 0.63 acre 0.16 acre Page 1 of7 Proposed Lot 1, Tonkawa Shores 2nd Addn. (1355) Lot 2, Tonkawa Shores 2nd Addn. (1335) Lot 3, Tonkawa Shores 2nd Addn. (1315) 0.89 acre 0.81 acre 0.67 acre Outlot A, Tonkawa Shores 2nd Add. (Pvt. Road) 0.16 acre 2. 3. 4. 5. 6. 7. The property is located within the LR-IC Single Family Lakeshore Residential Zoning District requiring a minimum of one-half acre of contiguous dry buildable land within each newly created lot. The property contains a total of approximately 2.53 acres of land. There are no wetlands located on the property. Except for a portion of the road ditch along Tonkawa Road, the property is above the floodplain elevation of 931.5', and homes can be developed without the need for filling or encroachment of the floodplain. The proposed plat consists of three residential lots each meeting the minimum lot standard requirements of the LR-IC, Single Family Lakeshore Residential Zoning District, each meeting the minimum 1/2 acre lot area requirement and each having 100' in defined width at the shoreline of Lake Minnetonka and at the 75' lakeshore setback line. All three lots are served with municipal sewer and have been fully assessed for sewer All three lots will be served by private wells. Lot 3 has a residence under construction. The residence meets yards requirements for setbacks, structural coverage and hardcover. No variances are required. All three Lots shall be served by a private road designated on the plat as Outlot A. Said private road Outlot shall be 25’ in width, realizing a total 33’ functional width when used in combination with an adjacent 8' City road easement on the adjacent property to the south. Said road shall be constructed to a 20' paved width, with a turnaround for emergency vehicle access. These dimensions were granted variances to City road width and cul-de-sac standards. The basis for such variance is the negative visual and traffic impact on neighboring properties Page 2 of 7 8. 9. ;o. 11. 12. 13. 14. that would occur if such private road was constructed to City standards at this location near the Maxwell Bay lake access. Said Outlot shall be subject to an underlying road, drainage and utility easement to be granted to the City for possible future use. except that the westerly 5 feet of said Outlot shall not be subject to said easement. The Declaration of Covenants for maintenance of the private road shall be amended to include the portion of proposed Lot 1 not included under the existing Declaration. The City had no intent to continue said private road westward to Birch Lane at the time of the plat of Tonkawa Shores in 1998. The intent of stopping the underlying road easement 5 feet short of the west boundary as noted above is to limit the likelyhood that a future Council will make the future through road connection to Birch Lane. Lots 1 and 2 were required to gain access to the private road via a shared driveway in order to minimize hardcover on those lots. The lots would now increase in size and eliminate the likelyhood of a shared driveway. A buffer w-as developed within Lot 3 for the purposes of a drainage easement granted to the City. The Declaration of Covenants shall be amended to include the west portion of proposed Lot 1 in the Maintenance Agreements for said buffer. Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County Department of Transportation, in his letter of February 12, 1998, approved the proposed curb cut location to Tonkawa Road (County Road 135). The Orono Park Commission has recommended that no additional right-of-way or trail easements are required from this developer since any future trail needs can be accommodated within the existing right of way. The City intends that no hardcover variances will be granted for development of homes on Lots 1, 2 and 3. Page 3 of 7 NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of James Render, Render Development, Inc. at 1315. 1335 and 1355 Tonkawa Road and 3430 North Shore Drive per preliminary plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc, dated March 18, 1998, (attached Exhibit A) subject to the following conditions: 1. 2. Proposed Road on said preliminary plat drawing shall be platted as a private road outlot to be designated as Outlot A. A variance will be granted for the 25' width of Outlot A and for the 20' paved width of the private road which do not meet the 50' outlot width and 24' paved road width or 80' paved cul-de-sac standards for a private road serving 3 or more residences. 3. 4. 5. 6. 7. 8. 9. All Lots shall access to the private road in Outlot A. No access to Tonkawa Road shall be allowed for any Lot. The Coventants and Dedications shall be amended to include the portion of Lot 1 not subject to the underlying agreements. The private road shall be allowed to access directly to County Road 84 subject to conditions for such access as imposed by the Hennepin County Department of Public Works in their required access permit. No additional building permits will be issued until the private road base work has been completed and been approved by the City. Subdivider to designate drainage easements over all drainageways. Subdivider is hereby advised that the City will not grant final plat approval until such time the MCWD has approved all grading and drainage improvements on the property. Standard drainage and utility easements shall be granted 5' along interior property lines and 10' along the perimeter and underlying drainage and utility easements shall be vacated. Page 4 of 7 10. Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, November 8, 1999. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminaiy subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: a.Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 18, 1998. b. Private road to be designated on the plat as Outlot A. c. d. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. Amended easement and dedication documents to include that portion of Lot 1 not part of the plat of Tonkawa Shores. 2. Legal documents required: a. b. c. 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. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed Drainage Easements to be taken over drainageway and detention areas within plat. Page 5 of 7 d.Signed and executed Road, Drainage and Utilities Easement over Outlot A except the westerly 5 feet thereof. e. Signed and executed "Declaration of Private Road Easement and Declaration of Maintenance for Same". f. Completed "Application for Private Road Name". 3. Fees to be paid: Total due: $400.00* a. Final plat fee = $200.00 b. Legal review and filing fees for subdivision and associated documents $200.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of November, 1999. ATTEST: Linda S. Vee, Citv Clerk Gabriel Jabbour, Mayor ST.ATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me on this 8th day of November, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the Citv. Notary' Public Page 6 of7 Exhibit A PRELIMINARY PLAT TONKAWA SHORES 2ND ADDITION PROPOSED SUBDIVISION FOR JIM RENDER )TS 1. 2 & 3. BLOCK 1. TONKAWA SHORES AND LOT 16. LYDIARDS PARK HENNEPIN COUNTY. MINNESOTA m LYDIARD \ park \ \ \ I#* «««« • P ^ f / »# • t 9 0 50 100 200 LEGAL Of SaumOH Of fMNCSES Lo» I. 2 >. I. TOMCAWA SHO*£i tA. of NonNiuis^ hM. «i4 «MiM» TM »w.(tM I*. firt. im N«»*—It rf** *«r*!??*r*^^ B4MM « • powi M d» bM «f ^ ^ ______ ---------------------MTt of Mi4 Ifl* M oo SCALE FEET AJIM3 00913 au^’wi ------------------------------------------------- COFFIN & GRONBERG, INC. (QMfVJLTMO r*«94l09k *«j fAM^aOi A«tH< *0% 1MM I «n9* «•»»» m.1 »« »«cntA»WA «» •twnAt ••• MWOO •« «f 00 (M9 •«« met nut . « euL* ucr«o 00«l» Mf •K LAot ar v»n 9 c*»« • « >? ^ kCf*«r «A**o ^/ »// SCACt I*. Ca!£ 9/21/991 JCt NO 99392 7 of 7 *f ( #«•.• •* • 4 Application ft __ Date Received Amount Paid CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address i3t^ 2S. a/- SA^nr^ Property Identification Number (PID) Please check one - Property abstract or Attach legal description to application. APPLICANT ^ Name ^ Address ^iTjq torrens? City JL/tr^ _______Phone (home) Cote - Zip<fv3 ’? Phone (workVn i2.4cVV'/<^r O'W'NER (if different, than applicant) Name ^ c, >. i r *7^ r> Address S u;ra<' e.j>cw^c City_________Zip Phone (home) _ Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District Acres Dr>' Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ PROPOSAL _________ Division for Tax Purposes _________ Lot Line Rearrangement Only (no new building sites) _________ Subdivision for New Building Sites Number of Building Sites V Existing Units - \____New’Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres Sq. Ft. Dr>' Buildable Land Residential Other (specify)_________ ’•L- MAXWELL r-.„ refJl^MG, ffjusf 0*^ Legal Description of Parcels to be Replatted Lot 1, Block 1, Tonkawa Shores 2 “ 1 “ 3 1 Ipb 16 r "Lydlard's F>ark ” I^'ice Minnetonka, lying MorUrwesterly of the foUo^g deaccxsed lijiei Beginning at a point on the Southwesterly line of said lot distant 186.5 feet Nacthuestmrly, neasorad along said Southwesterly line, £rm its Intersection. vd.th the dashed surveyor's canitructiorv lixie show on the record plat extendixig across the SoutJvrasterly part of said lot; thence Kortheasterly to a point on the Noi^heasterly line of said lot distant 179.5 feet Ijortl westerly, measured along said Northeasterly line, fron its intei^sectlou with, said dashed surv^ors construction lino, ard thero ending, together with a road easonatnt over the Southwesterly 10 fecit of tiia Southeasterly 1/2 of said lot 16 as sat out in Document No. 2672040. ••• •• •»— : -A* t ^ « I.* . . •. •» • • • H . * V.- »i. . • u •• > • .*• * . .f L .7/ k v‘ •. \f .1 '.. Li o; -^1am TONKAWA SHORES F CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 A RESOLUTION APPROVING THE PLAT OF TONKAVVA SHORES FILE NO. 2339 aoWHEREAS, the City of Orono is a municipal corporation organized and existin 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 Cit>'; and WHEREAS, the City Council has considered the application for a subdivision of a three lot plat by James Render (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet all standards of the LR-IC, Lakeshore 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 without the need of any variances, ar.d ^VHEREAS, the subdivider has agreed to complete all requirements of the platting regulations of the City, including: Completion of all the requirements of Resolution No. 4053, the resolution granting preliminary approval of the Class III subdivision. 1. 2. Dedication on the plat of drainage and utility easements, J. 4. Creation of a private road shown on the plat as Outlet A. Concurrent with the creation of this private road in Outlet A, dedication to the City of road and utility easements granting to the City permanent access, improvement and utility easements over said Outlet; and the creation of non-exclusive ingress, ezress, drainaze and utility’ easements over said Outlet in favor Oi all abutting lots within the plat including a declaration of covenants, conditions, restrictions and private roadway easement wherein any lot shall be sold, transferred and conveyed together with an undivided one-third interest in Outlet A whereby benefitting lot Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 9 1 ovMiers covenant and agree to permanently maintain and pay cost of maintenance for said private road. 5.Dedication to the City of drainage easements over all detention areas, wetlands, and drainageways within the plat providing for limitations on the use of these areas and shown on the plat as drainage easements. 6.Execution of a Developer's Agreement providing for the installation of improvements required as a condition of subdivision approval, and posting of security to ensure that these required improvements are completed to the City's satisfaction, subject to approval of the City Engineer. 7. Provided evidence of Minnehaha Creek Watershed District approval. 8.Payment to the City of a park dedication fee for Lots 2 and 3 in the amount of S9,800. 9. 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 S400.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Tonkawa Shores, Hennepin County, Minnesota, subject to the following conditions; 1.The final grading plans shall be subject to approval by the City Engineer. No grading within the 0-75' lakeshore setback zone will be allowed. Erosion control shall be maintained over all disturbed areas until natural groundcover is restored. No building permits for Lots 1 or 2 w ill be issued until a satisfactory, road base and all drainage improvements have been installed per approval of the City Engineer. A building foundation permit for Lot 3 may be issued prior to completion of the road base work, due to the site limitations and proximity to Tonkawa Road. j.The existing residence on Lot 1 and the existing detached garage on Lot 2 shall be removed within 90 davs of the date of final plat approval, and no building permits Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 9 1_____ for new homes on Lots 1,2 or 3 shall be issued until such time that said buildings have been removed. 4.Subdivider shall grant drainage easements over the stormwater pond to benefit the Lot Owners and the City, and shall provide for maintenance thereof bj the Lot Owners. 5.Applicant shall grant a sewer connection easement over Lot 2 for the benefi. of Lot 1, subject to approval of the City Engineer. 6.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 as may be required by the City Attorney. 7.Applicant shall provide all documents noted in this resolution in a format acceptable to the City Attorney prior to release of the plat for filing. 8.The aforesaid plat shall be filed by the City of Orono %vith either the Hennepin County Recorder's Office or Registrar of Titles Office on or before November 26, 1998 together with a certified original copy of this resolution and executed copies of the easements, deeds and covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by Ae 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 8th day of June, 1998. ATTEST: Linda S. Vee, City Clerk Gabrtei Jabbour, May^ Pase 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ o STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me on this 8lh day of June, 1998 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. CAROLE A. HASEMAjN NOTARY PueLlC-WlN:.’ESOTA {• HENNEPIN COUNTY My ConrJssicn Expires J«n. 31.20C0 Notarv' Public Page 4 of 4 r' • •• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 D ? A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1365 TONKAWA ROAD - FILE NO. 2339 R WHEREAS, James Render (hereinafter the "subdivider") on January 23,1998, filed a formal subdivision application with the City for approval of a three lot residential plat of propert> legally described as: That part of Lots 13, 14 and 15, "LYDIARD'S PARK" Lake Minnetonka lying northwesterly of a line described as follows: Beginning at a point on the southwesterly line of said Lot 15 distant 225 feet northwesterly from the point of intersection of the southwesterly line of said Lot 15 with the base line shown on the plat of said "LYDIARD'S PARK" Lake Minnetonka; thence northeasterly perpendicular to said southwesterly line of said Lot 15 to the northeasterly line of said Lot 13, and there ending. All in Hennepin County, Minnesota. (hereinafter "the propert>’"); 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 Subdivision Codes, the Orono Planning Commission held a public hearing on February 17, 1998, at wWch time all persons desiring to be heard concerning this application were given the opportumty to speak thereon; and WHEREAS, at their regular meetings held on M^ch 9, 1998 and March 23, 1998, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1. The property is located within the LR-IC Single Family Lakcshore Residential Zoning District requiting a minimum of one-half acre of contiguous dry' buildable land within each n;w'ly created lot. 2. The property contains a total of approxLmately 1.91 acres of land. There are no wetlands located on the property. Except for a portion of the rc...’ ditch along Page 1 of7 3. 4. 5. 6. 7. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. Tonkawa Road, the property is above the floodplain elevation of 9 j 1.5, and homes can be developed without the need for filling or encroachment of the floodplain. The proposed plat consists of three residential lots each meeting tne minimum lot standard requirements of the LR-IC, Single Family Lakeshore Residential Zoning District, each meeting the minimum 1/2 acre lot area requirement and each having 100' in defined width at the shoreline of Lake Minnetonka and at the 75' lakeshore setback line. All three lots are served with municipal sewer and have been full> assessed for sewer. All three lots will be served by private wells. Lot 1 contains an existing residence structure which encroaches across the easterl’' lot boundary into Lot 2. Lot 2 contains an existing detached garage which encroaches within the required 10 ’ side yard of Lot 2. The portions of the house which encroach the 10' required side yard of Lot 1 and which encroach into Lot 2, and the detached garage in Lot 2, shall be required to be removed within a specified limited period of time after subdivision approval and shall be removed prior to any sale of Lots 1 or 2 into two separate ownerships. All three Lots shall be served by a private road designated on the plat as Outlot A. Said private road Outlot shall be 25' in width, realizing a total 3j functional width when used in combination with an adjacent 8 City road easement on the adjacent property to the south. Said road shall be constructed to a 16 pa\ed width, with a T turnaround for emergency vehicle access. These dimensions require the granting of a variance to City road width and cul-de-sac standards. The basis for such variance is the negative visual and traffic impact on neighboring properties that would occur if such private road was constmcted to City standards at this location near the Maxwell Bay lake access. Said Outlot shall be subject to an underlying road, drainage and utility easement to be granted to the City for possible future use, except that the westerl> 5 feet of said Outlot shall not be subject to said easement. The City has no intent to continue said private road westward to Birch Lane at Page 2 of7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 n 9 3. 4. 5. 6. 7. Tonkawa Road, the property is above the floodplain elevation of 931.5', and homes can be developed without the need for filling or encroachment of the floodplain. The proposed plat consists of three residential lots each meeting the minimum lot standard requirements of the LR-IC, Single Family Lakeshore Residential Zoning District, each meeting the minimum 1/2 acre lot area requirement and each having 100' in defined width at the shoreline of Lake Minnetonka and at the 75' lakeshore setback line. All three lots are served with municipal sewer and have been fully assessed for sewer. All three lots will be served by private w’ells. Lot 1 contains an existing residence structure which encroaches across the easterly lot boundary into Lot 2. Lot 2 contains an existing detached garage which encroaches within the required 10' side yard of Lot 2. The portions of the house which encroach the 10' required side yard of Lot 1 and which encroach into Lot 2, and the detached garage in Lot 2, shall be required to be removed within a specified limited period of time after subdivision approval and shall be removed prior to any sale of Lots 1 or 2 into two separate ownersnips. All three Lots shall be served by a private road designated on the plat as Outlot A. Said private road Outlot shall be 25' in width, realizing a total 33’ functional width when used in combination with an adjacent 8' City road easement on the adjacent property to the south. Said road shall be constructed to a 16' paved width, with a 'T' turnaround for emergency vehicle access. These dimensions require the granting of a variance to City road width and cul-de-sac standards. The basis for such variance is the negative visual and traffic iinpact on neighboring properties that would occur if such private road was constructed to City standards at this location near the Maxwell Bay lake access. Said Outlot shall be subject to an underlying road, drainage and utility easement to be granted to the City for possible future use, except that the westerly 5 feet of said Outlot shall not be subject to said easement. The City has no intent to continue said private road westward to Birch Lane at Page 2 of 7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 Q 5 3 this time. The intent of stopping the underlying road easement 5 feet short of the west boundary as noted above is to lunit the likelyhood that a future Council will make the future ikough road connection to Birch Lane. 8. Lots 1 and 2 shall gain access to the private road via a shared driveway in order to minimize hardcover on those lots. 9.A stormwater pond will be developed within Lot 3 and a drainage easement will be granted to the City over said pond. 10.Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County Department of Transponation, in his letter of February 12. 1998, approved the proposed curb cut location to Tonkawa Road (County Road 135). 11.The Orono Park Commission has recommended that no additional right-of-way or trail easements are required from tWs developer since any future trail needs can be accommodated within the existing right of way. 12.The area of the stormwater pond shall not count towards lot area of Lot 3 for zoning purposes, but shall count towards lot area credit for hardcover calculation purposes only. The City intends that no hardcover variances will be granted for development of homes on Lots 1, 2 and j. NOW THEREFORE, BE IT RESOLVXD, that based upon one or more of the findings noted above, the Cit>- Council of the City of Otono hereby approves the preliminary plat application of James Render at 1365 Tonkawa Road per prelnnm^- plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc, dated March 18, 1998, subject to the following conditions: 1.Proposed Road (Birch Lane) on said preliminary plat dratving shall be platted as a private road outlot to be designated as Outlot A. 2.A variance will be granted for the 25’ width of Outlot A and for the 16' paved width of the private road which do not meet the 50* outlot width ^d 24 paved road width or 80’ paved cul-de-sac standards for a private road servmg 3 or more Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 0 5?^ j. 4. 5. 6. 7. 8. 9. 10. 11. residences. All Lots shall access to the private road in Outlot A. No direct access to Tonkawa Road shall be allowed for any Lot. Lots 1 and 2 shall access toe private road outlot via a shared driveway as shown on the preliminary plat drawings. The private road in Outlot A and toe stormwater pond located in Lot 3 per the preliminary plat drawings shall be constructed by the developer subject to a Developers Agreement to be executed between toe City ^d the developer. Private road and stormwater pond construction can begin as soon as the engineering plans for toe road and pond have been approved by toe City and toe Developers Agreement has been executed. The private road shall be allowed to access directly to County Road 84 subject to conditions for such access as imposed by toe Hennepin County Department of Public Works in their required access permit. The private road shall be privately owned and maintained per the appropnate access easement/maintenance documents to be executed b> toe developer. e developer shall create a homeowners association for such ownership and maintenance. No building permits will be issued until the private road base work has been completed and been approved by the City. The developer shall grant to the City an underlying Road and Utilities Easement for all of Outlot A except the westerly 5 feet thereof. Subdivider to designate drainage easements over all drainageways and stormwater ponds within plat. Subdivider is hereby advised that the City will not grant final plat approval nor allow road and pond construction to commence until the MCWT) has approved all grading and drainage improvements on the property. The portion of the existing house on Lot 1 that is within 10' of the east side lot Page 4 of? CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. • A O ______ line, as well as that portion which encroaches into Lot 2, and the detached garage on Lot 2, shall be removed by the applicant within one^ (1) year of final plat approval. Applicant shall execute a Special Lot Combination Resolution to be filed in the chain of title of Lots 1 and 2 which disallows Lots 1 and 2 from being sold separately until such removals occur, and which would disallow an> building permits for Lot 2 until the encroachments are removed. 12. 13. Payment of standard Park Dedication Fee, Subdivider is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, March 23, 1999. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminar>' subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Moridays of the month. These submittals are as follows: 1 Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: a.Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 18, 1998. b. Private road to be designated on the plat as Outlol A. c.Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot lines. d.Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary plat. f. The naming of plat. Page 5 of 7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A 0 5 2. Legal documents required: a. b. c. d. e. f. Title opinion addressed to the City. All owners, rnortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed Developer's Agreement and letter of credit for approved site improvements and construction of private road (Outlot A), drainage facilities, etc. Signed and executed Drainage Easements to be taken over drainageway and detention areas within plat. Signed and executed Road, Drainage and Utilities Easement over Outlot A except the westerly 5 feet thereof. Signed and executed "Declaration of Private Road Easement and Declaration of Maintenance for Same". g. Completed "Application for Private Road Name". h. Special Lot Combination Resolution (to be drafted by City and adopted by Council at time of final plat approval). 3. Fees to be paid: Total due: $400.00* a. Final plat fee = $200.00 b. c. Legal review and filing fees for subdivision and associated documents - $200.00 ♦Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Page 6 of 7 • • CSTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. '4 0 5 Adopted by the City Council of the City of Orono, Minnesota at a regular . meeting held this 23rd day of March, 1998. ATTEST: Linda S. Vee, City Clerk GabrielNjabbour, Mayor \ STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me on this 23rd day of March, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Ormo, a Minnesota municipal corporation and said instrument %vas executed on behalf of the City. fctTv.J HENNEPIN COUNTYV My Ccir.tr.issicn b ;ifU Ja'- ^ w \ )o.J Notary Public oil : § 10.25 SEC. 10.25. LR-IC ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "LR-IC" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 3. Permitted Uses. Within the "LR-IC" One Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-1 A" District. B. Personal Wireless Service Antennas and Towers. 1 . Purpose and Intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Orono while protecting the public against any adverse impacts on the City ’s aesthetic resources and the public welfare. 2. Personal Wireless Service Antennas. Personal wireless service antennas erected on a municipal structure may be allowed as a secondary use by administrative permit, provided they comply with the City policy regarding the use of City-owmed property for wireless telecommunication antennas and provided they meet the following conditions: a. The antenna shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. b. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. c. No advertising message shall be affixed to the antenna. d. Antennas shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and s^ety. ORONO CC 286 (4-1-84) r § 10.25 e. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. f. Transmitting, receiving, and switching equipment shall be housed within the existing structure. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping. g. All obsolete and unused antennas shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Administrator or designate. The removal shall be the responsibility of the commumcation provider. h. Antennas shall utilize camouflaging techniques or shall be side mounted to an antenna support structure in order that such facilities are compatible with the character and environment of the area in which they are located. i. The applicant shall demonstrate by providing a coverage/ interference analysis and capacity’ analysis prepared by a registered professional engineer that the location of the antenna as proposed is necessary’ to meet the frequency spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to the area. Source: Ordinance 183,2nd Series Adopted: 2-22-99 Subd. 4. Conditional Uses. Within any "LR-IC” One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-IA" District except that a Planned Residential Development shall not be limited to detached single family dwellings only. Subd. 5. Accessory Uses. Within any "LR-IC" One Family Lakeshore Residential District, the following uses shall be permitted' accessory uses: A. Any accessory’ use as regulated in the "R-l A" District any 'private docks* subject to the City Code and other applicable regulations, including boat storage density ’ regulations. Subd. 6. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. ORONO CC 286-1 (4-1-84) § 10.25 B. Lots. The follovving minimum requirements shall be observed: Lot Area Lot Mdth 1/2 acre 100 feet Side Yard Front Side Rear Adjacent to Y^rd Y?rd Y^rd Street 30 feet 10 feet 30 feet 15 feet ORONO CC 286-2 (4-1-84) ORONO CITY COUNCIL MEETING MINUTES FORTUNE 8,1998 (U5) #2308 Brook Park Realtj-, 3760 Shoreline Drive - continued Jabbour noted the City tvishes to work with the applicant and is sensitive to the time issue, but wiii continue to protect the public health, safety and welfare. Keliey moved, Peterson seconded, to table Application #2308 for Brook Park Realty at the applicant's request, and that there would be a tolling of any time periods which would o*erwise tun against the City or the applicant during the continuance periods. Vote: Ayes 5, nays 0. (U6) #2339 JIM RENDER, 1365 TONTCAWA ROAD - FINAL PLAT APPROVAL - resolution no. 4091 Mr. Render and Mark Gronberg, surveyor, were present. Gaffron reported that the applicant had fulf.iied all the conditions of the preliminary plat approv^ and was now seeking fmal plat approval. A private toad will be constructed that is ending 5 short of the west lot line which forces the City to work with the property owner in the toe to con^^^ the road to Birch Lane. The grading plan includes a stormwater pond. The Watershed District originally accepted the plan and later found, under Rule B and because the lot is less than 2 acres, that a permit probably would not have been required. Gaffron explained that a meeting had been held recently with the Watershed District. Mark Gronberg. the City's consulting engineer and staff to discuss general stormwater practices On sonie smaller sites, a pond may not be the best solution. Other methods of cleaning stormwater »d mte control may be just as effective. NURP ponds require a large area because they requite a 10.1 bench for safety purposes. The Walker model NURP pond was developed for 20-40 acre sites. A polic) should be developed for the City to handle situations where ponds might be required. Gaffron tcDOrted that the existing house is to be removed so a special lot combination will not be °quhed.X“^^^^ have an established value in excess of $61.250 so the $4,900 maiomum park dedication fee per lot will be required. The applicant has requested that he be allowed to do the foundation work for the house on Lot 3 ^ part of the road grading work because of the pond location. Since Acre is good a^ccs emergency vehicles from the County road, Gaffron did not think it would be a problem to issu foundation permit for this lot. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (U6) ##2339 Jim Render, 1365Tonkawa Road-con/mwcrf Gronberg proposed to cut the drainage easement in half and work with the City Engineer to develop a grading plan to handle phosphorus and sediment. This would mean a change of the easement line on the plat and would move the house 20-30' further back from the lake. Goetten agreed that Gronberg’s proposal was a reasonable option. Council did not object to the applicant digging the basement on Lot 3 at the same time as road grading. Kelley stated he would vote against the proposal, as he did in the preliminary subdivision application, because he was not in favor of granting variances to City road width standards and cul- de-sac standards, and the road should be brought all the way to the property line. Jabboiu moved, Goetten seconded, to approve Resolution No. 4091 granting final plat approval of the property located at 1365 Tonkawa Road, on the condition that the applicant and City Engineer work together on modifying the NURP pond and reducing the drainage easement in half, and to allow the applicant to obtain a building permit to do the foundation at the same time as road construction. Vote: Ayes 4, Nays 1. Kelley opposed. (##7) #2340 ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 4092 Moved by Goetten, seconded by Peterson, to adopt Resolution No. 4092 granting approval of a preliminary subdivision for the property located at 3280/3290 North Shore Drive. Vote: Ayes 4, nays. 1. Kelley opposed as he is not in favor of a duplex at this site. (##8) ##2341 DAN .4NDERSON, 905 OLD CRYSTAL BAY ROAD SOUTH - FINAL PLAT APPROVAL - RESOLUTION NO. 4093 • * — Gaffron explained that the stormwater plan for this plat has been approved by the Watershed District, and the mylars are available. Approval should be conditioned on the applicant completing the punchlist of items listed in the May 22, 1998 memo to Dan Anderson including: - standard documents to be filed. - park dedication fee to be paid in the amount of $29,400. “ grading plan to be followed. - private road to be constructed. - buffer strips to be created for stormwater runoff. MESTTES OF THE REGULAR ORONO CITV' COUiNCIL MEETING HELD ON >LARCH 23.1.998 {U12) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION NO. 4053 The applicant was present. Gafiron reported that the application was tabled at the last Council meeting for plan revision after applicant was provided conceptual direction. The 1.9 acre parcel is propo-:ei to be dKided into t'nree building sites. Access has been the main issue of concern. Whether the 8' easement can be combined with the 25' private road for a 33' total has not yet been confirmed by the City Attorney. GafFron reviewed the directions given by Council. He noted that the shared driveway to access the outlot road would reduce the amount of hardcover needed for Lots 1 and 2. The stormwater plan has been reviewed. Tom Kellogg had determined that the elevation of the houses would not affect the layout of the plat. The existing house on Lot 1 will be lived in for a time before it is sold by the applicant. Two options were given for the encroachment of the detached garage and portions of the house onto Lot 2. The resolution as drafted requires that the encroachments be removed within one year as well as requires a Special Lot Combination. Staff recommended approval ol the application subject to the conditions as noted m the resolution. Render said he saw no conflict with the recommendations made by Staff. Jabbour noted that the stormwater pond has been moved from the front to the rear yard. Gr.::ron said there were questions on meeting the standards and impact on the lot. Mark Gronberg said the NURP pond is larger than what would be required for a regular pond. He would like to be allowed to have a regular pond and make a contribution to the Watershed District. Jabbour emphasized that the Council does not support contributions made to the Watershed District for ponding and believe all ponding should be conducted on me propert>’. Jabbour asked Staff to inform the Water^ned District not to suggest to residents of Orono that cash contributions be made for ponding as it will not be approved. Gaf&on explained that there w'ere different standards for a stormwater quantity pond and a NLTilP pond. The NURP pond standards were adopted into the Comprehensive Plan. He agreed that more discussion is necessary on this issue as the pond will have more of an impact on smaller subdivisions than it would on larger ones. Jabbour questioned whether staff is suggesting we do not need stormwater ponding, and noted we should require ponding if it's beneficial to the lake, not just because we w'ere mandated by other agencies to require it. iMCSUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEARCH 23.1998 (#12) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION NO. 4053 The applicant was present. Gaffron reported that the application was tabled at the last Council meeting for plan revision after applicant was provided conceptual direction. The 1.9 acre parcel is propo^ei to be di%ided into I’nree building sites. Access has been the main issue of concern. Whether the 8' easement can be combined with the 25' private road for a 33' total has not yet been confirmed by the City Attorney. Gaffron reviewed the directions given by Council. He noted that the shared driveway to access the outlot road would reduce the amount of hardcover needed for Lots 1 and 2. The stormwater plan has been reviewed. Tom Kellogg had determined that the elevation of the houses would not aflfect the layout of the plat. The existing house on Lot 1 will be lived in for a time before it is sold by the applicant. Two options w'ere given for the encroachment of the detached garage and portions of the house onto Lot 2. The resolution as drafted requires that the encroachments be removed within one year as well as requires a Special Lot Combination. Staff recommended approval ot the application subject to the conditions as noted m the resolution. Render said he saw no conflict with the recommendations made by Staff. Jabbour noted that the stormwater pond has been moved from the front to the rear yard. G-ftron said there were questions on meeting the standards and impact on the lot. Mark Gronberg said the NURP pond is larger than what would be required for a regular pond. He would like to be allowed to have a regular pond and make a contribution to the Watershed District. Jabbour emphasized that the Council does not support contributions made to the Watershed District for ponding and believe all ponding should be conducted on the property. Jabbour asked Staff to inform the Watershed District not to suggest to residents of Orono that cash contributions be made for ponding as it will not be approved. Gaffron e.xplained that there w'ere different standards for a stormwater quantity pond and a NURP pond. The NURP pond standards were adopted into the Comprehensive Plan. He agreed that more discussion is necessary on this issue as the pond will have more of an impact on smaller subdivisions than it would on larger ones. Jabbour questioned whether staff is suggesting we do not need stormwater ponding, and noted we should require ponding if it’s beneficial to the lake, not just because we were mandated by other agencies to require it. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 (sf9 - #2317 Khasrow Daivari - Continued) Goetten said she was more concerned with the structure’s worthiness than with the averaae lakeshore setback. If the oorch cannot oass the building insoection and it was unsafe, she would not support it. Jabbour noted that if the request does not receive support, no building permit would be given, and the porch would have to be tom down. Jabbour agreed with the Planning Commission’s recommendation. Flint moved, Peterson seconded, to approve Resolution No. 4051 to deny Application #2317. Vote; Ayes 4, Nays 0. (#10) #2327 ORONO DEVELOPMENT, LLC - B-5 DISTRICT - AMENDMENT - ORDINANCE ADOPTION NO. 170,2ND SERIES John O'Sullivan and Tom Dillon were present. GafEron reported that the request is to amend the B-5 zoning district to allow coSee and bagel shops as conditional uses. The application was tabled at the request of the Council to allow for additional information to be gathered. Gaffron reviewed the number of issues that had been identified reaardine specific uses, such as limiting the tvoe of foods allowed or accepting the use at face value. Other issues included how food was prepared, the kitchen facilities, and seating. Both uses function as a convenience type for take out or eat in services. Gaffron indicated that there was enough parking on the applicant's specific site for the use. Gaffron reviewed types of restaurants and the amount of seating and parking required. Based on the information. Staff reviewed whether it was practical to regulate products and uses within the zoning district. He felt the City's goal should be to regulate the impact and not the product. Based on the information, Gaffron added to the amendment a condition "d" stating that an individual use would be limited to 45 seats, or 60 seat m.aximum for a combined use. Dillon said they have worked well with staff and feel the conditions are satisfactory. There were no public comments. Flint moved, Goetten seconded, to adopt Ordinance No 170, 2nd Senes.Vote; Ayes 4, Nays 0. MINUTES OF THE REGULAR OPONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 (#12 - #2339 James Render - Continued) Cook said the ponding is being done because it is required and is important but does not necessarily have to be done in this manner. There are other ways to trwt the water but they are more expensive. WTiile this is not as aesthetically pleasing as it would be in a rural setting, it is the kind of system necessary to protect the lake for the long term. Jabbour said the ponding is then necessary. He suggested the pond be made as minimum as possible to meet the code. Flint and Peterson agreed. Gaffron said he was not recommending a change in the code but the need to realize the impacts of ponding. Goetten said she would not support the easement for the connection of Birch Lane to Tonkawa. She approved the subdivision itself but is concerned with what might happen in the future if the easement was taken. Jabbour agreed that the connection should not be made but felt the easement should still be taken. Render suggested the easement terminate 5' from the property line. Peterson said she agreed with Goetten’s comments. Flint said he felt this was the opportunity to get the easement. Mr. Putnam said it was upsetting that the Council may vote for an easement when they do not desire the road to go through. Jabbour said he supported the proposal and Staff and Planning Commission recommendations. Gerald Ray, 3442 North Shore Drive, opposed the Birch Lane connection. He what the Council was saying regarding no connection, yet noted that the Council will change in the future and so might the feeling regarding the connection. Dave Lindberg, 3440 North Shore Drive, agreed with Ray. He does not want to see the easement widened. He would like to maintain the current look of the neighborhood. Jabbour suggested stopping the easement as mentioned by the applicant 5 from the p .'operty line. Flint asked what the current use is for the easement. Jabbour said there is a P^vate road and easement on the road. There are fences and garages located on it as weU.^ Flmt asked if the e.xisting easement is used for any purpose. He was informed that was a utility easement but may not provide complete vehicular access to the sewer. Flmt said he would support the recommendation to stop the easement 5' from the property Ime. Jabbour asked Staff to amend the resolution to reflect the 5’ change as noted. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 (#12 - #2339 James Render - Continued) Jabbour asked Barrett’s opinion regarding Staffs recommendation on the house encroachment. Barrett agreed the recommendation was satisfactory as long as the special lot combination was completed as a condition of the preliminary subdivision. Render asked if the special lot combination requires fiinher Council review. He was informed that it can disappear after one year. Render asked if it was necessary for the subdivision. Gaflfton said it was not. Peterson moved, Goetten seconded, to approve Resolution No. 4053 for preliminary plat approval with the addition that the easement will stop 5' from the property line and a special lot combination agreement is signed as drafted by the City with the house remaining for a time period not to e.xceed 12 months. \’ote: Ayes 4, Nays 0. (A short recess was held.) (#13) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY SUBDIVISION APPROVAL The applicant was present along with Ed Otto, Kevin Prohasso and Mart>' Campion. Gaffron reviewed the general direction previously given to the applicant by the Council. The stormwater plan has been submitted. City Engineer, Tom Kellogg, has reviewed it and had some questions relating to the grading plan. A sronrswater pond is proposed at east end of Lot 7. It has been confirmed that Lot 7 meets the two acre minimun after adjusting for the pond. Cook was asked to comment. Cook said the amount of runoff that will reach the pond will be an improvement over the current situation. Lots 4, 5, and 6 will drain runoff toward the lake. Jabbour noted that by preserving the shoreUne vegetation, there should be no problem. Gaffron indicated that an option would be to create a second pond by the lake but that would result in much damage to the shoreli.ne. Cook agreed. Marty said about 1/3 of the site will drain to the pond. The remainder will drain to the north through a ditch system along the county road or to the lake directly. There will also be less runoff on the north lot with the expected decrease of hard surface from the existing situation. Anderson said the goal for runoff from Lot 3 is to bring it to the front by the cul-de-sac. Gaffron noted that the layout for Lot 7 technically makes the front lot line 50’ in length as opposed to the 200' standard. He questioned whether it should be considered a back lot. Lot 7 will now accommodate stormwater while still having septic sites and building pad. He asked if Council was satisfied with the layout of Lot 7 noting it appears to be functional. ^^NUTES OF IBE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#9 - Sr2338 Grant Wenkstem/Lakeview Golf - Continued) Peterson asked Kellogg to respond to the reference in the City Engineer's letter regarding a 10:1 bench, now shown at 3:1. She asked if this was an appropriate change. Kellogg indicated that a 10:1 bench establishes an aquatic buffer as a safety factor but is not desirable on a golf course. He did not believe this was a big issue and would support the 3:1 bench. Gafifron concurred. Peterson moved, Flint seconded, to adopt Resolution No. 4045 granting a variance and conditional use permit to Lakeview Golf Course for land alterations involving expansion of the 5 th and 18 th tees and creation of tw'o ponds. Vote: Ayes 5, Nays 0. (The motion had been amended as it originally only included the variance without the CUP.) (#10) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY PLAT The Applicant was present. Gaffron reported that the application is for preliminary plat review' of the 1.9 acre parcel proposed fbr three building sites. The property had been subdivided in the past as part of a larger subdivision and now consists of three lots which were legally combined. The property is located in the 1/2 acre zoning district, and the lots meet that requirement. The Planning Commission reviewed the application both as a sketch plan and prel'minary plat. The main issue for discussion is access. A ? ')t subdiv ‘sion typically calls for a private road. This was originally proposed a.« a ^ .. onGguration. The Planning Commission and Staff have concluded that a 50' con idor should be established for a road to potentially connect Birch Lane to Tonkawa. The Long Lake Fire Chief was present at the Planning Commission meeting and noted the difficulty with access for emergency vehicles when road systems are minimized. He cited a recent problem gaining access to a fire in a home. Staff recommended bringing a road to at least the west end of the property with a cul-de- sac. The applicant proposed a road that ends with a T that would be functional for the fire department to use as a turnaround. This is the fire department’s least desired option; they would prefer a through road and cul-de-sac. The neighbors, however, find a number of problems with having a connecting road. MESTJTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 Janies Render - Continued) Gaf&on indicated that Staff is today in receipt of a stormwater plan, but it has not yet been reviewed by Staff. Gafiffon said he would recommend that the application be tabled after discussion of the proposal. Staff recommended a private road be platted with an underlying easement to the City. Gafiron asked Council to consider whether the 42’ in width for the outlot added to the 8’ of adjacent easement will satisfy the 50' corridor. It will have to be confirmed by the City Attorney that the city has ro.idway rights over the 8'. The Council is asked to determine whether the corridor should serve as a link to connect Birch Lane to Tonkawa. Gafiffon indicated that the applicant has asked for a 17' credit towards hardcover if he gives more than 25' for the road as he would lose area that could be considered in the hardcover calculations. Gafiffon said Stafif reluctantly supports that request. He noted that larger homes could be built if there were only two lots instead of three. One lot includes the existing house but the garage is located over the proposed lot line requiring further review. Gafiffon reviewed the issues for discussion #1 through #5 as noted on page 4 uf the memo. Mr. Render said he would like to create three lots with similar size homes to the neighborhood with about 4000 s.f of hardcover. Render said he is not in favor of the cul-de-sac option due to the public landing nearby. He agreed with the need for good planning indicating a possible need to connect Birch Lane to Tonkawa in the future. He reiterated his request for a hardcover variance to offset the property given for a road casement. Render said the only other issue of concern is the requirement for a NURP pond. He said the proposed pond has been pulled back on the property to protect two large oak trees. He feels the rate of flow can be handled without requiring a NURP pond. He suggested the possibility of making a cash contribution to the Watershed for mitigation. Jabbour informed the applicant that the City of Orono requires that all mitigation be on site. He would not support any cash contributions in lieu of ponding on site. Jabbour said, while he is not an advocate of the cul-de-sac requirement in the code, a cul- de-sac cannot be selectively chosen. Jabbour felt it is best to look at the issue comprehensively. He felt it would be better not to have a cul-de-sac if the concerns of the fire department could be addressed. He felt the road should oe 28 wide. Gafiffon said he is obligated to defend the code. He suggested the code be amended if the Council is not comfortable with it as written. Jabbour said he is also concerned with violating the Comprehensive Plan by having a private road in an urban area. MINUTES OF THE REGULAR ORONO CITi' COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Kelley disagreed with Jabbour. He felt it was appropriate to have a cul-de-sac with a 28’ wide road. Kelley said the lots will be restricted in hardcover and no parking will be available for these homes with a small narrow drivew'ay. A 28 road with cul-de-sac would enable more cars to park and enable fire trucks to better access the properties if need be. Kelley noted that roads also become narrower in the winter months with snow storage. Jabbour did not support giving credit for hardcover for the road easement as it would set a precedent. Goetten agreed. Jabbour asked if the NURP pond was considered hardcover. Gaffron said it was not allowable towards the defined lot area, but he noted hardcover credit has normally been given for wetlands in the past, and logic would support giving hardcover credit for a pond as it is similar to wetlands. Goetten is concerned with having a snowball effect with a 28 road, cul-de-sac, and a future connection of Birch Lane to Tonkawa. She feels the connection is not necessary and would impact the neighbors. She felt the connection road would be used by dnvers to by-pass major roads even if it is a private road. She reiterated she would not support giving credit for hardcover for the road easement. Goetten felt a large cul-de-sac for three lots w'as more than necessary. She felt the T would be sufficient if it adequate y provided for the fire depanment needs. Goetten indicated she also supports the need for the NURP pond. Jabbour polled the Council. He noted that if the cul-de-sac was eliminated, a reason would have to be established as the code calls for the cul-de-sac. He noted this has been . a concern in other small subdivisions in the last few years. Gaffron indicated that there are many rural 3-lot subdivisions with cul-de-sacs. GafEron cited examples of where cu - de-sacs were and were not used. Goetten indicated that the need for cul-de-sacs has been reviewed case by case. Jabbour indicated that if the Council agrees with a hammerhead style, they would then be agreeing that it is a suitable substitute. Moorse noted that the requirement for a cul-de-sac is to enable a fire tmck to turnaround. He said that with smaller lots trucks do not have to go as hi into the property, and this can be used as a reason for a T versus a cul-de-sac. He noted the fire chiefindicated that a T is adequate but not as easy for the tracks to maneuver. Moorse suggested reviewing the length of the road may be a consideration on whether a cul-de- sac should be required. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Gaffron clarified for Goetten that there is an easement for the sewer as well as an access easement. Kelley indicated that fires where no hydrants are available are fought by setting up a swimming type pool. Tankers bring the water to the pool where it is dumped into it and pumped out by pumpers to extinguish the fire. This allows for a continual stream of water and requires a tremendous amount of room. Kelley said if a hammerhead is considered, the Council must also consider how fires are fought. He noted that the Council is charged with protecting the citizens' health, safety, and welfare. Goetten said she would support the hammerhead if no credit is allowed for hardcover. Jabbour said he agreed with Moorse regarding considering the proximity of the homes to the road. He indicated that fire equipment could be set up along Tonkawa to serve these homes. He also agreed with Kelley. Jabbour felt the road should be private. Dan Regan, 3410 North Shore Drive, reported having a problem with the fire department technology requiring large vehicles when the environment is full of small lots. He fell fire equipment should be geared to the size of the properties they are protecting. He asked why the lake was not being used in fighting fires. He suggested the fire department determine in advance how they would gain access to properties in the city. He felt it would be ridiculous to require a 28' road for three properties. He said the three lots are marginal at best and do not fit in with the community. Jabbour reported that there are four fire departments that work within the City. He indicated that the issue of large and small trucks has been discussed in the past. Jabbour noted that milfoil presents a problem with clogging up equipment when lake water is used. In response to Regan's comment about marginal lots, Jabbour said the applicant w’ould not receive credit for the road easement towards hardcover. Jabbour noted that time was given for public input at the Planning Commission review. Ken Carlson, 3498 North Shore Drive, reported that Birch Lane is only 20' wide and considered an alley. He noted that some of the garages are close to the road. With the concern expressed with fire equipment gaining access to properties, Carlson questioned whether the properties in this area are currently protected. He suggested a suction box be used in order to use lake water. He questioned why there is a fire lane nearby if the lake is not used to fight fires. 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON ^LARCH 9,1998 (#10 - #2339 James Render - Continued) Carlson indicated that the low portion of Birch Lane is in a flood plain. He asked how far the flood plain extends. Jabbour su.^stested Carlson discuss the issue with staff. He noted that the Watershed District was redefining the flood plain, and this is a concern for the Comprehensive Plan update. Jabbour informed Carlson that the Council will be discussing stormwater at their work session. Carlson asked that an answer be given regarding the possible connection of Birch Lane as it will affect many homes. Mr Lindner, 3440 North Shore Drive, reported that there are 4 homes served on his 10 driveway. He noted that the fire chief had indicated at the Planning Commission meetmg that a fire truck must be within 500' of a pooi to serve a property. Lindner said all of the homes located in the back of the area can be served from CoRd 51 so questioned why access needs to be provided elsewhere for the equipment. He fe t a - roa was no aesthetically pleasing, noting there are smaller roads in the City. Lindner said he has experienced problems with having the Ma^veU Bay access nea:^^^^ He felt the road would add to that problem, and he would be further afifected ^oad was connected. Lindner noted there is no room for children to play in and the road would eliminate the ability for the children to play m the rear of the horn . Lindner reported that his home is 1500 s.f and others were about 2000-2500 s f- He questioned how the proposed 4000 s.f homes would fit in to the neighborhood. Render responded that the 4000 s.f includes all hardcover, including ^nveway Lindner said would like to see the property divided into two lots only and asked that no vanances be allowed. Ed Engler, 3450 Birch Lane, reported that Birch Lane ends at his garage. He noted the large amount of traffic due to the public launch, the public access, and nearby resulting in no shelter trom traffic for many of the neighbors, h the road was cormected. it would increase this problem. He felt the road connection would be dangerous and create an unhealthy situation. Debra Robertson, 3440 Nor..t Shore Drive, said the 10' driveway has served the four homes for over 30 years with no problems. It baffled her to think that a 28 road was required to serve three homes. Robertson reported that Birch Lane did run tiuough t property 80 years ago and a trade for access to Crystal Bay was made for CoRd 51 Tte road comection would result in their losing their access to North Attn, and the properties would be surrounded by three roads causing increased traffic. Jabbour reported that the reason a 28' road was becoming a public road in the future. He said the Council is obligated to access that would accommodate fire trucks. Jabbour said the counci is awar area is congested and is attempting to controi it as much as possible. He said not the Council's vision to surround homes with roads. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON ^LARCH 9,1998 (#10 - #2339 James Render - Continued) Mark Gronberg commented that the hammerhead is an approved fire truck turnaround in many cities. He noted that the uniform fire code calls for a 20’ road. He also referenced the close proximity to Tonkawa. Gronberg added that the three lot subdivision would be in keeping with the neighborhood. Goetten asked if Jabbour did not visualize the street going through, what width he felt the road should be and whether private or public. Jabbour responded that this is the best time to obtain an underlying easement. He asked the Council whether the City needs the easement and how wide it should be and how long the road should be. Peterson said she agreed with Kelley that the Council is to provide for the health, safety, and welfare of its community but noted that qualify of life is also important. She felt a narrower road w'as appropriate for the neighborhood. Jabbour said he agreed with Moorse in questioning if the intent of the code can be met without having to build a major road while providing fire protection for the homes. He does not feel the welfare of the people would be placed in jeopardy but questioned where the new residents will park. Kelley commented that the first three homes access on CoRd 51 and that is the logical place for access for all of the homes. Council members agreed. He noted that if all of the homes were being plotted today, all six lots could access fi-om a 28’ easement at the rear, but he understands that this is not possible. Jabbour concurred that the Council must work with what is there. Render suggested an alternative of a 25’ road easement on the property at this time. In the future if more roadway is needed, easements can be acquired from other properties. Jabbour agreed. Gattron was asked to verity that there is 16’ of easement now and the 17’ additional feet would equal the 25’. Gafton said he would have to confirm with City Attorney Barrett that the 8’ easement could be used for a road. Gronberg indicated that information indicated it was a road easement and not a driveway easement. Jabbour asked Council if the easement is necessary. Kelley said the minimum amount of easement should be 33’. Flint said he also favored the 33’ easement but did not support the road going through. Peterson and Goetten agreed. Goetten said she assumed this did not include any credit for hardcover. Jabbour confirmed that it did not. He noted the applicant would also be required to mitigate on site for ponding. ! MINUTES OF THE REGULAR ORONO CITi' COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Jabbour reiterated that the plan should include a 25' easement for a total of 33'. There would be no hardcover credit for the road, and the applicant would have 16 ’ for a driveway. A hammerhead style turnaround would be acceptable with parking at the end of it. Kelley said he would not support any proposal without a cul-de-sac and 28' road. Peterson asked what size cul-de-sac would be required. Gaffron said it would normally require an 80' paved surface to pro\ide the necessary benefits. Jabbour suggested all properties likely would be served from Tonkawa for fire emergencies and the hammerhead would provide the needed parking space for the residences. Jabbour reiterated the outlot would be 25' pi ’S 8' for a total of 33' for the easement. The roac would be 16' wide with a hammerhead. No variances would be allov/ed for lot ^ea, lot width, setback, or hardcover. Jabbour questioned whether credit would be given in area for the ponding. Gafiron indicated that the pond area could be credited towards hardcover in the 75’-250’ setback. The credit would not be for lot area, which has been done in sewered areas only with wetlands. Gaffron indicated that the pond would only affect the one lot in which it will be placed. Gronberg noted that the attempt was to accommodate the neighborhood drainage but suggested the pond may be built to only treat these 3 lots. Gaffron indicated that the City Attorney has suggested if there was any variances that a 60-day extension be requested after the initial 60-day period. Jabbour asked if any variances w’ere anticipated. Gaffron said a road width variance would be necessary. Render was asked for approval of the 60 day extension. Render asked if all of the 60 days were necessary. He was informed that it would probably not take the entire time period. Render indicated the property is to close on May 1 but would give approval for the extension. Barrett indicated that consent is only necessary when the City goes beyond the 60 day time period. Kelley asked for cla.'ification on the road easements. He w'as mformed that there was 8 on the south side as part of the 33'. With the additional 17' to the 8 on both sides, the total would be 33’. Jabbour said the 8' easement requires verification. Kelley suggested that it be stipulated in the resolution that no hardcover variance would be allowed. Gaffron said a statement of intent could be included. Kelley asked that this be done. Jabbour agreed that the City should take a more aggressive stand on this issue. Harold Gillette, 3470 North Shore Drive, said he has lived in the neighborhood for 50 \ vars. He voiced concern for the children if the road were to go through to Tonkawa. Jabbour informed him that this Council felt strongly that the road should not go through at this time. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 9,1998 (#10 - #2339 James Render - Continued) Mr. Carlson asked if the Council can add language stipulating that the road will not go through in the future. Jabbour informed him that this Council cannot bind future Councils but indicated that the minutes will reflect the Council's desires. Mrs. Robertson asked if all of the neighbors were contacted regarding the application. Jabbour said any review of the road will not occur without the neighbors being contacted. Mr. Regan asked about the pond. He was informed that the pond acreage will not count against the hardcover but only applies to the one lot unless the pond is built as part of two lots. Gronberg noted that the pond is bigger due to the runoff from Tonkawa. Gafifron recommended the application be tabled for preliminary plat review noting the conceptual direction given. Jabbour moved, Goetten seconded, to table Application #2339. Vote: Ayes 5, Nays 0. (A short recess was held.) (#4) #2317 KHASROVV DAIVARI, 1082 LOMA LINDA AVENUE - AFTER-THE- FACT VARIANCES Jabbour moved, Goetten seconded, to obtain an extension of the time period for review of the application. If the extension is not granted by the applicant by the end of the business day on March 11, 1998, the application will be denied. Vole: Ayes 5, Nays 0. Staff was asked to explain to the applicant that State Statute mandates the extension be provided. (#11) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD NORTH - PRELIMINARY PLAT The Applicant was present. Gaffron reported that the application is for preliminary plat approval of the 17.5 acre Carpenter property. The sketch plan included 8 lots. The plan has since been revised to 7 lots. The property is located outside of the MUSA boundary and will require septic and well. A 700' road with cul-de-sac is being proposed. Gaffron reviewed the house locations. The 7 lots will be served by a private road. The 7th lot will have a driveway that is an extension of the private road. This has been approved by the County. The existing residence on Lot 1 will remain and will meet all setbacks. Lots 1 and 2 are technically through lots. Lot width variances are required for Lots 2 and 3 as they do not meet the 200' width requirement at the 50 ’ setback. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17,1998 (#4 - #2326 Orono Development - Continued) Stoddard moved, Lindquist seconded, to approve Application ??2326 for commercial site plan with building design and building material variance to allow sh^e facade, a hardcover variance, front yard parking setback variance of 5' requiring a 15' setback, and suw sequent signage approval by Staff for a uniform sign plan, and as further recommended by Staff. Dillon asked what will occur if the study finds that they are unable to get a 15' setback. Stoddard said the Council will discuss it and use the Planning Conumssion s recommendation in their consideration. Mc\Iillan noted in her opinion the applicant should consider that they have not demonstrated a hardship for this variance. Vote: Ayes 5, Nays 0. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#5) #2339 JAMES D. RENDER, 1365 TONKAWA ROAD - PRELIMINARY SUBDIVISION - 7:31-8:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. James Render and Mark Gronberg were present. Gaffron reported that the proposal is to subdivide a 1.9 acre parcel into three building sites. The original plan had proposed three lots with an outlot that continues only to the ^ third lot. The revised plan w'ould expand the outlot to a 42' total width. Along with the 8 easement already in place, it would result in 50' for a future road connecting Birch Lane to Tonkawa. The plan includes issues of concern for a cul-de-sac and its impact on hardcover. The plan also does not address the need to serve the neighbors in the future, especially in emergency situations. Birch Lane is presently a 20' corridor that serves about 10 homes. The property between Birch Lane and Tonkawa is presently served by a driveway. Gaffron asked the Commission to consider the need to expand Birch Lane over to Tonkawa. He questioned whether the road needs to be developed now or provide the means for future expansion. The issue also involves whether to require a private road and. cul-de-sac to serve 3 or more lots. The subdivision would provide the land for the road extension. The hardcover impact is a primary concern for the westerly lot as the arw within that lot is smaller. The Commission was asked to consider whether to give the applicant hardcover credit for the property given for the roadway. Gaffron recommended that a temporary cul-de-sac be construrted between lots 2 and 3. A vacant lot to the west may eventually need access as well. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17, 1998 (#5 - #2339 James Render - Continued) Gaffron reviewed the engineering issues as noted in the information packet, #1-6, The future street extension is provided for in the current plan. He noted no information has been received from the MCVVD. A developer’s agreement would be required including a financial guarantee. Gaffron reviewed the general subdivision comments noted. He Indicated that the existing 33' right-of-way is satisfactory for Tonkawa Road. GaflS’on said the issues for discussion center around access. He noted that the Comprehensive Plan for an urban area looks at the need for a public road. If that is the case and a cul-de-sac is built, there would be an issue with traffic and proximity to Maxwell Bay access. He questioned whether the road could be restricted in its use or if it should be posted as private. Gafiron reviewed the Staff recommendations #1-7 as noted on page 6 of the packet information. Long Lake Fire Chief, Mike Brown, was present. He indicated that his immediate reaction to the plan was to ask that the road be extended across to Birch Lane. Brown said this area is difficult to access. He relayed difficulties that recently occurred from a fire on West Farm Road. The situation is similar to that found in this area for emergencies. Brown said he discourages cul-de-sacs as they are difficult to get to and maneuver in. If a cul-de-sac is built, it should be larger according to Brown. He would like to see cul-de-sacs that are large enough to drive into and ti;m around and wide enough for trucks to pass each other. Brown was informed that the standard for a cul-de-sac is paving 80' in diameter. Brown felt this was sufficient for emergency needs. McMillan noted the problem with having private wells and no hydrants. Brown said water is trucked in. Brown said at least one engine has to get into a property when fighting a fire. James Render agreed that good planning calls for the continuation of the two roadways. He had informed Gaffron that he would contribute his share to that cause. While there would normally be an even share for right-of-way. Render agreed to provide 42’ on his side of the property for the future road. Render noted that this results in a large loss of area that is necessary to meet hardcover allowances. He requested a credit be given for the property taken towards hardcover. He is concerned with building that roadway at this time. Render does not believe the road should be built until it leads somewhere. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17, 199S (#5 - #2339 James Render - Continued) Render felt a cul-de-sac would negatively affect the subdivision as it would oni> serve three properties. He noted that the property is less than 300* from a public launch and is concerned with the use of a cul-de-sac by boat trailers and public access users, increase in traffic, increase in paved area, and additional hardcover. The meeting was opened to public comments. Daniel Reagan said he lives two lots in from the comer on North Shore Drive. He voiced concern with the road e.xtension. Reagan believes fire trucks should be more environmentally friendly and made of a size that corresponds to the typical roadw'ays. Lindquist noted that the Commission has no control over the 5l' o of fire trucks. He ^ informed Reagan that the standard width of right-of-way for put>i ;c ai;d private roads is 50*. Gaffion added that the road itself would be 28* wide, which is typical in rural areas. Reagan was informed that the easement is currently 8* and the applicant proposes to add 42* to the 8*. Reagan questioned how this would affect the 1/2 acre requirement. Gaffiron informed him that the 42* w’ould be taken from the new subdivision and would not affect current property owners. The 8* easement has been in place for about 30 years and includes the sewer line. Reagan said he is also concerned with the flood plain and additional drainage from new development. Lindquist noted that this is considered in the review ; .ocess. Gerald Ray, 3442 North Shore Drive, said his house is accessed by the end of a private driveway. Ray said his property w’ould be impacted by the continuation of the roadway b> loss of his 3-car garage. He did not support the road extension. Dave Lindbergh, 3440 North Shore Drive, said he would also lose part of his property if the road is continued. He indicated that his property fronts CoRd 51. If the road is continued, his children would be limited where they could play. He suggested homeowners plow their driveways wider to provide access for emergency equipment. He does not support the road extension. There were no other public comments. McMillan noted that the new plan calls for a T-shaped blacktopped area, instead of the cul-de-sac. Gaffion said the applicant is attempting to strike a compromise by providing for the future without affecting the e.xisting neighbors. The T-shape is about 50* long. Gronberg said the T shape has been approved by other cities for use as a fire truck turnaround. 8 ^^^^^JTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 17, 1998 (#5 - #2339 James Render - Continued) Gaffron confirmed for Lindquist that the other two options were a cul-de-sac or just a road. Lindquist felt the 50 ‘ road should be dedicated and rem^n private until such time that the road is extended. Lindquist noted the need to determine whether a T or cu - e- sac should be built. Render informed McM'Man that he would ask for an additional 17' to credit hardcover iii return lor providing lav uedicated roadway. Gaffron informed McMillan that the typical setbacks would be required. Gaffron said the private road outlot would be dedicated the entire length. T^e City would take an underlying easement. The Commissioners were in agreement with Gaffron s recommendation for a 28' wide roadway. The question remained of when the road should be extended and whether a T or cul-de- sac Lindquist said he preferred the cul-de-sac but understood the conce^ of the applicant if one was buQt. Smith suggested a shared driveway be allowed for two lots. She recommended two driveways instead of the cul-de-sac. Render clarifie J that the 28' wide private road would extend only to where the turnaround would be located. Commissioners agreed. Berg asreed with Smith in preferring no cul-de-sac. Gaffron asked if the shared dnveway would be between lots 2 and 3. Render said the shared driveway would be located between lots 1 and 2 for future access. Lindquist moved, McMillan seconded, to approve Application #?2339 with the understanding that the 50' right-of-way would e.xtend the complete length of the property tlirough the Granting of 42' from the property owner in addition to the current 8 ot ea- . ';it The road would be a 28' shared private road with a paved T turnaround. The ?• ilicant would be allowed a credit of a 17' strip of land for hardcover allotment. Gronbei g asked if the road could be platted as a 25' outlot with an additional 17' easement. Lindquist said it would have to be 50 ’ platted through 42' from property owner and 8' from other properties. Vote: Ayes 5, Nays 0. (^^6) /#2340 ROBERT \YA-ADE» 3280 A>0) 3290 ^ PRELIMINARY SUBDI\TSION WITH CONDITIONAL USE PERMIT - 8.15- . . P.M. The Certificate of Mailing and Affidavit of Publication were noted. MINUTES OF THE ORONO PLANNING COMMISSION IvIEETIInGrxELO ON rcDxvvjArvi i/, (#6 - #2340 P.obert Waade - Continued) The Applicant was present. Gaflfron reported that the subdivision was originally reviewed as a sketch plan. The property is located m the LK-lC-l, 1/2 acre single lamily zoning distna. the proposal is to subdivide the property into two lots, one lakeshore lot with a single family residence and one non-lakeshore, non-riparian, with duple.K. The code requires 1/2 acre. The duplex would require a co!<ditional use permit. A duplex is allowed on the property as the property is within 200' of the £>-2 Con'imercial District to the west. TKr* proposal includes a 50' platted road corridor to serve these properties and three existing homes to the north as well as the garage of the home on the comer. A 30’ wide outlot would serve the backlot, which requires 150% of lot area and setback standards. This requires the lakeshore lot to be 3/4 acres in size, wlJch it is Gaffron indicated that by crediting the 75-250' hardcover in the 250-500' setback, the property would meet the intent of the hardcover regulation. Gaffron reviewed the lot standard requirements. He noted Lot 2 is technically a front lot. The duplex lot does not meet the area standard for being riparian, and as such, would be a factor to account for in determining whether the duplex lot could have lake access. Lot 2 meets the 135' minimum width for a duplex if the front lot line is defined as the east frontage of Lot 2 abutting Outlot A. This would eliminate the need for a variance. The side and rear yards are conforming. Gaffron noted that the code calls for no more than tw'o residences being served via an access outlot but the plan calls for three units served by Outlot B. Gaffron indicated a solution would be to design a duplex with a separate access driveway coming off the road outlot, Outlot A. Outlot A is being platted as a private road. Staff believes it is reasonable to require a 24' paved road be constmcted the length of Outlot A and connect from the end of the lot to the County road to the north. Lot 1 meets the requirements for a backlot as noted in the information packet on page 2. Gaffron said Hennepin County Public Works has suggested in their comments that a triangular piece of right-of-way be dedicated to deal with the slope and sight distance concern along North Shore Drive. This presents a problem because dedicated right-of- way is subtracted from the calculation of lot area. The result would be a lot less than the required 1/2 acre and necessitate a variance. Gaffron reported that a grading and drainage plan has not yet been submitted. He also noted that the MCWT) suggests a pa>ment towards ponding in lieu of constructing a pond on the property. The City Engineer, however, suggests a pond be constructed. If this occurs, the lakeshore lot would then be less than the required 3/4 acres. in* mm DATE 09/20/M BATCH 001 PROP ADDR OWNER NAHE TAXPAYER NAMC/ADDR 50 00-117-25 15 0010 01205 TONKAWA RD THONAS H SHITH A WIFE THOHAS H SHITH 1205 TONKAWA RD LONO LAKE HN '55556 HENNEPIN COUNTY PROPERTY TNFORHATION SYSTEH PROPERTY OWNEMS LIST 50 00-117-25 A2 0001 01220 TONKAWA RD F E CUTTORHSON/C J B DWIGHT F E CUTTORHSON/C J B DWIGHT 1220 TONKAWA RD LONG LAKE HN 55556 REPORT NO. PX6S5601 PAGE 1 30 OB-117-25 62 0002 05590 NORTH SHORE OR STATE OF HINNESOTA DNR - REAL ESTATE HGT ATTN TAX SPECIALIST 500 LAFAYETTE RD ST PAUL HN 551S5 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 50 00-117-25 62 0005 05566 NORTH SHORE DR STATE OF HINNESOTA DNR - REAL ESTATE HGT ATTN TAX SPECIALIST 500 LAFAYETTE RD ST PAUL HN 55155 50 00-117-23 62 0005 05630 NORTH SHORE DR S J t A C TRAWICK STEVEN 0 ALICIA TRAWICK 29 DEEPWOOD RD BEDFORD NY 10506 30 00-117-23 62 0006 01355 TONKAWA RO JAHES D RENDER JAHES D RENDER 5120 EDINA INDUSTRIAL BLVO EDINA HN 55659 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 30 00-117-23 62 0007 01335 TONKAWA RD JAHES D RENDER JAHES D RENDER 5120 EDINA INDUSTRIAL BLVD EDINA HN 55659 30 00-117-23 63 0016 03600 NORTH SHORE OR C J YARNES JR I R L YARhES KENAfH R 0 DONNA J STEIN 5600 NORTH SHORE OR WAYZATA HN 55591 30 00-117-25 63 0019 05660 NORTH SHORE DR DAVID J L1NDBER6 DAVID J LINOBERO 5660 NORTH SHORE DR WAYZATA HN 55391 30 00-117-23 65 0022 03666 NORTH SHORE DR WILLIAH D ROBINSON W D ROBINSON 5666 NORTH SHORE DR WAYZATA HN 55591 30 00-117-23 62 OOOO 01315 TONKAWA RD JAHES D RENDER JAHES D RENDER 5120 EDINA INDUSTRIAL BLVD EDINA HN 55639 30 00-117-23 63 0017 03610 NORTH SHORE DR DANIEL F REGAN A WIFE DANIEL F REGAN 3610 NORTH SHORE DRIVE WAYZATA HN 55391 30 00-117-23 65 0020 03662 NORTH SHORE DR GERALD J RAY ETAL GERALD J RAY 3662 NORTH SHORE DR WAYZATA HN 55391 30 00 117-23 63 0023 03650 BIRCH LA E R ENGLER t B ENGLER EDWARD R 0 BONNIE ENGLER 3650 BIRCH LA WAYZATA HN S5391 30 00-117-23 62 0009 00030 ADDRESS UNASSIGHED JAHES D RENDER JAHES D RENDER 5120 EDINA INDUSTRIAL BLVO EDINA HN 55639 30 00-117-23 63 0010 03620 NORTH SHORE DR A A KIVUS ET AL W/L EST AHBROSE A t ALICE J KIVUS 3620 NORTH SHORE DR WAYZATA HN 55391 30 00-117-23 63 0021 03650 NORTH SHORE DR WILLIAH C ODDEN WILLIAH C ODOEH 3650 NORTH SHORE DR WAYZATA HN 55391 30 00-117-23 63 0026 03660 NORTH SHORE OR J 0 H ERLER JAHES 0 HARY ERLER 3660 NORTH SHORE OR WAYZATA HN 55391 CO * * *t e i: Ci It mm DATE 09/20/99 DATCH 001 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST PROP ADDR OWNER NAHE TAXPAYER • NANE/ADDR Sa oa-117-23 AS 0025 OSASa NORTH SHORE DR A K EVANS INK EVANS * ANY K I NAOHX K EVANS SASa NORTH SHORE DR WAYZATA NN 55391 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR sa oa-ii7-2S A3 oo2a ooosa ADDRESS UNASSICNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 06 CRYSTAL BAY MN 55323 it j '(■>' / \ • * * • \ I r*•I •’ - M tji REPORT NO. PZA35A01 PAGE 2 sa Oa-117-23 A3 0026 03A60 NORTH SHORE DR RONALD TRU/vN CLOUD RONALD TRUHAH CLOUD SA60 NORTH SHORE DR WAYZATA HN 55391 sa Oa-117-23 A3 0027 03A60 BIRCH LA D S I D K INGVALSON DOUGLAS I DEBORAH INGVALSON 3A60 BIRCH LA W^VZATA HN 55391 TOTAL BATCH 001 00022 I CENliry IIIAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTA110H OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN t Uir^U OrPARTMENT OF PROPERTY TAXATIONt TO THE BEST OF HY KNOWLEDGE AND DATE ft COUNCIL MEETING REQUEST FOR COUNCIL ACTION NOV a 1999, CITY OF OflONO DATE: 11/4/99 ITEM NO,7 Department Approval: Name Paul Weinberger Title Zoning Administrator/Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2537 Adult Use Ordinance Attached Exhibits B C D E F G H I Adult Use Ordinance Recommended for Adoption (Revised from the ordinace initially recommended after the Plartaiig Commission Meeting of October 27, 1999.) Adult Use Ordinance froui the October 27,1999 Planning Commission Work Session Planning Commission Recommendations from the November 1,1999 Planning Commission Work Session Planning Commission Minutes — October 27, 1999 City Attorney Memo (October 8,1999) Navarre Area Map Highway 12 Map Industrial District Map Ordinance Summaries from Minnetonka and Wayzata The City of Orono has adopted a moratorium on adult uses that is to expire on November 12. 1999 . In order to be prepared for any requests after the moratorium has expired it is imperative the City has an adult use ordinance in place. Adult businesses are protected by the First Amendment as a freedom of expression. An ordinance will ensure the City that any requests for adult oriented businesses can be regulated. Summar>' of Draft Ordinance Other communities have recently adopted ordinances relating to adult uses. The proposed ordinance for your consideration incorporates similar components typically addressed and interpreted in other adult use ordinances with our ordinance. Most adult use ordinances separate adult uses into two categories. Principal uses and Accessory uses. Principal adult uses relate to on-site consumption where the sole or a dominant activity is located on the premises of the adult business. Accessory adult uses would include primarily off-site consumption with total retail space dedicated for adult uses being 10% or less of the retail space, and not to exceed 150 square feet. Principal uses would be allowed in the I, Industrial District, and accessory uses would be allowed in the 1 and B-1, B-3, B-4, B-5, B-6, Business Districts w here the primary use of the business is a permitted or conditional use. The B-2 district is for marina use. All our marinas are immediately adjacent to residential properties. The intent is to permit adult uses in concentrated commercial and industrial areas not to negatively impact residential properties and neighborhoods. f i Protecting residential areas, schools, day care facilities, churches, libraries, parks and other public places as well as places where a high concentration of children would be present is another purpose of the ordinance. Locations adult uses are permitted — Principal. Adult uses principal would be conditional use and shall be located at least 250 feet from the closest point of the building or actual leased space of the adult use principal to the propert>' line of: 1. 2. 3. 4. 5. 6. A licensed day care center Public or private educational facility (K-12) A public library A public park An on-sale liquor establishment Churches and church related facilities A distance of at least 1000 feet of separation is required between any other adult uses and any residential properties, unless separated from such residential properties by a railroad right-of-way or a State Highway. Adult Uses " Accessory 1.The use shall comprise no more than 10% of the floor area of the establishment in which it is located, or not greater than 150 s.f. 2. 3. Comprise no more than 20% of the gross receipts of the entire business operation. Not involved or include einy activity e.xcept the sale or rental of merchandise. No accessory adult use shall be allowed within 1000 feet of another adult use or within 250 feet of the following activities: 1. 2. 3. 4. 5. 6. 7. A licensed day care center Public or private educational facility (K-12) A public library A public park An on-sale liquor establishment Churches and church related facilities Residential property i ? — f • ♦♦ . Staff has completed a study of the land area in the City to determine the impact of the proposed ordinance. Only the Industrial District would allow principal adult uses. Attached are maps identifying areas that are potentially available for adult uses. Zoning District Total Acreage Acreage for Adult Uses Percentage of Land Area I, Industrial 44 acres 16.9 acres 38.4% B-1*27.5 acres 4.56 acres 16.6% B-2**10.5 acres 0 0% B-3*2.5 acres 0 0% B-4*16 acres 1.26 acres 7.9% B-5*6 acres 0 0% B-6*12 acres 3.9 acres 32.5% * Accessory Use only ** Adult Uses are not permitted The City of Orono is 10,200 acres in size with the majority of the land area zoned for residential use. The total land area that would be available for adult uses (principal or accessory) is 26.62 acres (0.26%). Only 118.5 acres is zoned for Industrial or Commercial uses (1.16%). The total percentage of commercial and industrial land potentially available for adult uses is (22.5%). Staff is requesting the City Council act on the ordinance to allow adoption by the prior to the 30 month moratorium expiration date of November 12, 1999. The purpose of the ordinance is not in relation to a request for an adult business in the City. No requests for adult uses are proposed in Orono at this time. Issues for Discussion 1. Principal uses are only allowed within the industrial district. Accessory uses are allowed in all "B" districts, except B-2. The B-4 and B-6 districts do not list any permitted or conditional uses that would be considered as retail, should an accessory adult use be permitted within the districts. 2. The Ordinance would allow permitted signage for the district to be used for a business with an adult use. Should more restrictive standards apply? 3. Are there any additional comments regarding the ordinance, or changes? ORDINANCE NO. A Cofv\v^/ut^'\ ^ **/l AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING CITY CODE CHAPTER IQ, BY ADDING A NEW SECTION 62 RELATING TO ADULT USES. WHEREAS, the City recognizes the sanctity and fundamental nature of free speech; and WHEREAS, the City does not intend to regulate or ban speech based on content; and WHEREAS, the City has reviewed and relies on the State Attorney General's "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989, which details the effects and impacts of sexually-oriented business; and WHEREAS, the City also has reviewed and relies on the "Task Force Report on Sexually-Oriented Businesses," authored by the City of Minnetonka, St. Louis Park, and Shakopee, Minnesota, which considered relevant studies from six cities; and WHEREAS, the City of Orono is similar to the cities in the Attorney General's study and the cities involved in preparing the above Task Force Report, as well as the cities whose studies were considered therein, and the City will experience the same secondary effects from adult businesses as did those cities; and WHEREAS, adult businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other uses; and WHEREAS, residential neighborhoods located within close proximity to adult businesses experience increased crime rates (sex-related crimes, in particular), lowered property values, increased transiency, and decreased stability or ownership; and WHEREAS, the adverse impacts which adult businesses have on surrounding areas diminish as the distance from the adult use increases; and WHEREAS, studies of other cities have shown that among crimes which tend to increase either within or in the near vicinity of adult businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior; and WHEREAS, the control and regulation of adult businesses require intensive police and public health efforts by the City and its contractors and consultants, and that the concentrated use of such services detracts from and reduces the level of services available to the rest of the community and thereby diminishes the ability of the City to promote the general health, safety, and welfare of the community; and WHEREAS, adult businesses are not appropriate in or near locations or areas designed to attract children, such as day care centers, parks, schools, recreation areas, libraries, and churches; and WHEREAS, studies of other cities have shovm that the values of both commercial nd residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult businesses; and WHEREAS, the adverse impacts of adult uses are exacerbated when the uses are located near each other; and WHEREAS, the presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood; and WHEREAS, adult businesses can increase the risk of exposure to communicable diseases, including but not limited to Acquired Immune Deficiency Syndrome (AIDS), for which there is currently no cure; and WHEREAS, the risk of public health and safety problems can be significantly reduced by careful regulation of adult businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA HEREBY ORDAINS: Section 1 - That City Code Chapter lii, is hereby amended by adding a new Section 62, which shall read as follows: SEC. 10.62. SEXUALLY ORIENTED BUSINESSES. Subd. 1:Purpose . In order to protect the City's community image, property values, public health, safety, welfare, and business environment, the City has found it necessary’, in light of the harmful and unwanted secondary effects that certain businesses generate, to restrict where such businesses may locate within the City and to regulate those businesses. Only those businesses with secondary effects on neighboring properties and the City are intended to be regulated. This Section is not intended to restrict or regulate art. Subd. 2:Definitions. A. "Adult Use" shall mean and include every type and variety of bookstore, adult motion picture theater, adult motion picture sales/rental operation, adult mini-motion picture theater, massage parlor, steam room/bathhouse/sauna facility, companionship establishment, rap/conversation parlor, adult health/sport club, cabaret, adult gift or novelty business, motion picture arcade, adult modeling studio, adult hotel/motel, body painting studio, and any other premises, enterprise, establishment, business, operation, or place that is open to some or all members of the public, at, in, on, or from which materials, entertainment, or services are presented, displayed, depicted, described, distributed, sold, or rented that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual .Activities, and shall include each and every Specified Adult Business. Any activity or material that is classified as obscene under Minnesota Statutes Section 617.241, as the same may hereafter be amended, does not constitute an adult use and are specifically prohibited. 1.Adult Use - Principal. An Adult Use in, on, or from which the sole or a dominant activity involves the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities. 2.Adult Use - .Accessor\'. An Adult Use for which the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities is not a dominant activity. An Adult Use - Accessory typically does not involve or include any activity except the sale or rental of merchandise. Adult Use - Fxempt. An Adult Use wherein the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical .Ar'*as or Specified Sexual Activities is conducted only on a diminutive scale, such that it is extremely incidental to any dominant activity and, individually or in combination, occupies or comprises less than five (5) square feet of the total floor, wall, and shelf area of the Adult Use. Adult Uses - Exempt shall not include or involve any activity except the sale or rental of merchandise, and no external or internal advertising of any adult or sexually-oriented merchandise shall be permitted. For purposes of this Section, the term "dominant activity" shall mean any activity or activities that, individually or in combination, provide at least twenty percent (20%) of the gross receipts of the Adult Use's entire business operation at that site, or and occupy or comprise up to ten percent (10%) or more of the total floor, wall. and shelf area within the site or 150 square feet or more of floor, wall, and shelf area within the site. B. "Protected Use" shall mean and include the following: licensed day care centers; public or private educational facilities classified as elementary, junior high, or senior high schools; public libraries; public parks; on-sale liquor establishments; churches and church-related facilities; and residential properties or uses. C. "Specified Anatomical Area" shall mean and include the following: 1. 2. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast(s) below a point immediately above the top of the areola; and Human male genitals in a discern by turgid state, even if completely and opaquely covered. D. "Specified Sexual Activity" shall mean and include the following: 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or Use of human or animal ejaculation, sodomy, oral copulations, coitus or masturbation; or Fondling or touching nude human genitals, pubic region, buttocks or female breast; or Situations involved a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other phj sical restraint of any such persons; or Frotic or lewd touching, fondling or other sexually-orieiited conduct with an animal by a human being, or 3. 4. 5. 6. 7. Human excretion, urination, menstruation, vaginal or anal irrigation. E. "Specified Adult Business" shall mean and include the following: 1. 2. 3. 4. 5. 6. Adult Bookstore. A business or commercial enterprise that provides for barter, rental, or sale items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or other visual or aural media, from which minors are excluded by reason of age or where a substantial or significant portion of such items are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Gift or Novelty Business. A business or commercial enterprise that has as a principal activity the sale of devices, implements, equipment, or novelties that are designed, marketed, used, or sold for the primary purpose of stimulating human genitals otherwise providing sexual stimulation. Adult Health Club or Adult Sports Club. A business or commercial enterprise that is named, signed, advertised, or promoted as a facility or club providing health- or sports- related goods, sei^vices, or equipment, from which minors are excluded by reason of age or that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Hotel or Motel. A business or commercial enterprise that provides rooms, facilities, or lodging on a short-term basis and wherein material or entertainment is presented, displayed, provided, or otherwise made available that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Se.xual Activities. Adult Mini-Motion Picture Theater. A business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity rf less than 50 persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Modeling Studio. A business or commercial enterprise the primary’ or dominant activ ity of which is to provide for its customers to observe, paint, paint upon, sketch, draw, scuipt, photograph, videograph, or otherwise depict or portray, with the intent of providing sexual stimulation or sexual gratification to such customers. Specified Anatomical Areas of one or more models or subjects, or one or more models subjects who are engaging in Specified Sexual Activities. 7. 8. 9. 10. 11. 12. 13. Adult Motion Picture Arcade . Any place to which the public is permitted or invited wherein coin-, slug-, electronically-, or mechanically-controlled or operated still or motion picture machines, projectors, or other image-producing devices are provided or maintained to show images to no more than one persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, and the individual viewing areas are not screened, including but not limited to doors and curtains, in any way to obstruct the viewing areas from monitoring. Adult Motion Picture Theater . A business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity of 50 or more persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Body Painting Studio. A business or commercial enterprise that provides the service of applying paint or other substance, whether transparent or non­ transparent, to or on any Specified Anatomical Area of any person. Cabaret . A business or commercial enterprise that provides dancing or other live entertainment, from which minors are excluded by reason of age or where such entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of Specified Anatomical Areas or Specified Sexual Activities. Companion F.stahlishment . A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion between an owner, employee, or agent of the enterprise and a customer, if such service is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Conversation/Rap Parlor. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion, from which minors are excluded by reason of age or where such service is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Massage Parlor. A massage parlor or health club which restricts minors by reason of age, and w hich provides the services of massage, if such service is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. 14.Sauna. Steam Room, or Bathhouse Facility. A business or commercial enterprise that provides one or more steam or heat bathing rooms or sauna or steam room facilities, where the services provided are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, or from which minors are excluded by reason of age. 15. Adult U.se Other. Any place to which the public is permitted, a business or commercial enterprise that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Subd. 3: Regulations A. Adult Uses - Principal 1. All Adult Uses - Principal shall require a Conditional Use Permit. 2. All Adult Uses - Principal shall be located within the I-Industrial District. 3. 4. All Adult Uses - Principal shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the Adult Use - Principal to the property line of a Protected Use or other Adult Use, whether the Protected Use is located in Orono or an adjoining community: a. A distance of at least 250 feet from the following: (i) (ii) (iii) (iv) (V) (Vi) Licensed day care centers. Public or private educational facilities classified as an elementary, junior high, or senior high schools. Public libraries. Public parks. On-sale liquor establishments. Churches and church-related facilities. b. A distance of at least 1000 feet from the following: (i) Other Adult Uses. (ii) Residential properties, unless separated from such residential properties by a railroad right-of-way or a State Highway. No Adult Use - Principal shall locate in any building which is also utilized for any Protected Use. J 5. 6. 7. 8. At the time of application for a Conditional Use Permit, any property that is proposed to be occupied by an Adult use - Principal must comply with all current zoning, health, fire, and building regulations that apply to the site and building. No Adult Use - Principal may occupy a lot with a lot width of less than 200 feet. In addition, each Adult Use - Principal shall provide one parking space for each employee on duty, plus parking for customers according to the following schedule: a.Motion Picture Theater: one space per six seats actually provided or the maximum seating capacity of the theater. b. Motion Picture arcade: one space per machine. c.All other Adult Uses - Principal: one space per fifteen (15) square feet of floor area that is open to or used by the public or customers of the Adult Use - Principal. Sign Requirements. All Adult Uses - Principal shall comply with the following sign requirements: a. b. All signs shall be flat wall signs. The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street. c.No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building. d.Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square foot sign shall be placed on the door to state hours of operation and admittance is restricted to adults only. Hours of Operation. Adult Use Principal Businesses shall not be open between the hours of 1 :00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. B. Adult Uses - Accessory 1. All Adult Uses - Accessory shall require a Conditional Use Permit. 1 j i • 2. 3. Add Adult Uses - Accessory shall be located only within the B-1, B-3, B-4, B-5 and B-6 Districts. All Adult Uses - Accessory shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the Adult Use - Accessory to the property line of a Protected Use or other Adult Use, whether the Protected Use is located in Orono or an adjoining community: a. A distance of at least 250 feet from the following; 1. 2. 3. 4. 5. 6. 7. Residential properties. Licensed day care centers. Public or private educational facilities classified as an elementary, junior high, or senior high schools. Public libraries. Public parks. On-sale liquor establishments. Churches and church-related facilities. b. A distance of at least 500 feet from the following: 1.Other Adult Uses. 4. 5. No Adult Use - Accessory shall locate in any building which is also utilized for any Protected Use. Adult Uses - Accessory shall restrict and prohibit access to minors by the physical separation from areas of general access of items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. a. b. Movie Rentals. Display areas for movies that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities shall be restricted from general view and shall be located within a separate room, the acccos or entrance to which is in clear view and under control of the persons responsible for the operation or controlled in some other effective manner which meets with the approval of the Zoning Administrator. Magazines. Magazines that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, shall not be accessible to minors and shall be covered with a wrapper or 7. g. Subd. 4; other means to p-event display of any material other than the publication title. c.Other adult materials or services. Adult Uses - Accessory offering or providing items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities and that are not specifically cited above shall comply with the intent of this section, subject to the final approval of the City Council. Adult Uses - Accessory shall be prohibited from external advertising and signing of items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. At the time of application for the Conditional Use Permit, any property that is to be occupied by an Adult Use - Accessory must comply with all the current zoning, health, fire, and building regulations that apply to the site and building If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section and each subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. B ORDINANCE NO. lolzih^ Does v^oA“ '» V'C\» o Ok o Cb'^v^ V',' ' 5^5 ' cAN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING CITY CODE CHAPTER_____, BY ADDING A NEW SECTION___RELATING TO ADUIJ USES. P'C* Oo<VM>AXva^ ____________ /)+C WHEREAS, the City recognizes the sanctity and fundamental nature of free speech; and WHEREAS, the City does not intend to regulate or ban speech based on content; and WHEREAS, the City has reviewed and relies on the State Attorney General's "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989, which details the effects and impacts of sexually-oriented business; and WHEREAS, the City also has reviewed and relies on the "Task Force Report on Sexually-Oriented Businesses," authored by the City of Minnetonka, St. Louis Park, and Shakopee, Minnesota, which considered relevant studies from six cities; and WHEREAS, the City of Ore no is similar to the cities in the Attorney General's study and the cities involved in preparing the above Task Force Report, as well as the cities whose studies were considered therein, and the City will experience the same secondary effects from adult businesses as did those cities; and WHEREAS, adult businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other uses; and WHEREAS, residential neighborhoods located within close proximity to adult businesses experience increased crime rates (sex-related crimes, in particular), lowered property values, increased transiency, and decreased stability or ownership; and WHEREAS, the adverse impacts which adult businesses have on surrounding areas diminish as the distance from the adult use increases; and WHEREAS, studies cf other cities have shown that among crimes which tend to increase either within or in the near vicinity of adult businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior; and WHEREAS, the control and regulation of adult businesses require intensive police and public health efforts by the City and its contractors and consultants, and that the concentrated use of such services detracts from and reduces the level of services available to the rest of the 228/22184647 II/5/W community and thereby diminishes the ability of the City to promote the general health, safety, and welfare of the community; and WHEREAS, adult businesses are not appropriate in or near locations or areas designed to attract children, such as day care centers, parks, schools, recreation areas, libraries, and churches; and WHEREAS, studies of other cities have shown that the values of both commercial nd residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult businesses; and WHEREAS, the adverse impacts of adult uses are exacerbated when the uses are located near each other; and WHEREAS, the presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood; and WHEREAS, adult businesses can increase the risk of exposure to communicable diseases, including but not limited to Acquired Immune Deficiency Syndrome (AIDS), for which there is currently no cure; and WHEREAS, the risk of public health and safety problems can be significantly reduced by careful regulation of adult businesses. NOW, THEREFORE, THE CITY COUNCIL Oh THE CITY OF ORONO, MINNESOTA HEREBY ORDAINS: Section 1 -1 hat City Code Chapter , which shall read as follows: , is hereby amended by adding a new Section SEC.. SEXUALLY ORIENTED BUSINESSES. Subd. 1:Purpose . In order to protect the City's community image, property values, public hea'th, safety, welfare, and business environment, the City has found it necessary, in light of the harmful and unwanted secondary effects that certain businesses generate, to restrict where such businesses may locate within the City and to regulate those businesses. Only those businesses with secondary effects on neighboring properties and the City are intended to be regulated. This Section is not intended to restrict or regulate art. 228/22184647 11/5/99 Subd. 2:Definitions . A. "Adult Use" shall mean and include every type and variety of bookstore, adult motion picture theater, adult motion picture sales/rental operation, adult mini-motion picture theater, massage parlor, steam room/bathhouse/sauna facility, companionship establishment, rap/conversation parlor, adult health/sport club, cabaret, adult gift or novelty business, motion picture arcade, adult modeling studio, adult hotel/motel, body painting studio, and any other premises, enterprise, establishment, business, operation, or place that is open to some or all members of the public, at, in, on, or from which materials, entertainment, or services are presented, displayed, depicted, described, distributed, sold, or rented that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities, and shall include each and eveiy Specified Adult Business. Any activity or material that is classified as obscene under Minnesota Statutes Section 617.241, as the same may hereafter be amended, does not constitute an adult use and are specifically prohibited. 1.Adult Use - Principal. An Adult Use in, on, or from which the sole or a dominant activity involves the presentation, display, depiction, description, distribution, sale, or rental of goods, serv ices, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities. 2.Adult Use - Acce.ssorv. An Adult Use for which the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities is not a dominant activity. An Adult Use - Accessory typically does not involve or include any activity except the sale or rental of merchandise. 3. 4. Adult Use - Exempt . An Adult Use wherein the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities is conducted only on a diminutive scale, such that it is extremely incidental to any dominant activity and, individually or in combination, occupies or comprises less than five (5) square feet of the total floor, wall, and shelf area of the Adult Use. Adult Uses - Exempt shall not include or involve any activity except the sale or rental of merchandise, and no external or internal advertising of any adult or sexually-oriented merchandise shall be permitted. For purposes of this Section, the term "dominant activity" shall mean any activity or activities that, individually or in combination, provide at least twenty percent (20%) of the gross receipts of the Adult Use’s entire business operation at that site, or occupy or comprise either ten percent (10%) or more of the total floor, wall. 228/22184647 11/5/99 and shelf area within the site or 150 square feet or more of floor, wall, and shelf area within the site. B, "Protected Use" shall mean and include the following: licensed day care centers; public or private educational facilities classified as elementary, junior high, or senior high schools; public libraries; public parks; on-sale liquor establishments; churches and church-related facilities; and residential properties or uses. C. "Specified Anatomical Area" shall mean and include the following: 1.Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast(s) below a point immediately above the top of the areola; and Human male genitals in a discern by turgid state, even if completely and opaquely covered. D. "Specified Se.xual Activity" shall mean and include the following: 1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretor>' functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anihngus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, zooerasty; or 2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or Use of human or animal ejaculation, sodomy, oral copulations, coitus or masturbation; or Fondling or touching nude human genitals, pubic region, buttocks or female breast; or Situations involved a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons; or Erotic or lewd touching, fondling or other sexually-oriented conduct with an animal by a human being, or 3. 4. 5. 6. :28/22l84647 ll/SW 7. Human excretion, urination, menstruation, vaginal or anal irrigation. E. "Specified Adult Business" shall mean and include the following: 1. 2. 3. 4. 5. Adult Bookstore. A business or commercial enterprise that provides for barter, rental, or sale items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or other visual or aural media, from which minors are excluded by reason of age or where a substantial or significant portion of such items are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Gift or Novelty Business. A business or commercial enterprise that has as a principal activity the sale of devices, implements, equipment, or novelties that are designed, marketed, used, or sold for the primary purpose of stimulating human genitals otherwise providing sexual stimulation. Adult Health Club or Adult Sports Club. A business or commercial enterprise that is named, signed, advertised, or promoted as a facility or club providing health- or sports- related goods, services, or equipment, from which minors are excluded by reason of age or that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Hotel or Motel. A business or commercial enterprise that provides rooms, facilities, or lodging on a short-term basis and wherein material or entertainment is presented, displayed, provided, or otherwise made available that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Mini-Motion Picture Theater. A business or commercial enterprise operating in. on. or from a building or portion thereof that has a legal capacity of less than 50 persons, from w hich minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. 6.Adult Modeling Studio. A business or commercial enterprise the primary or dominant activity of which is to provide for its customers to observe, paint, paint upon, sketch, draw, sculpt, photograph, videograph, or otherwise depict or portray, with the intent of providing sexual stimulation or sexual gratification to such customers. Specified Anatomical Areas of one or more models or subjects, or one or more models or subjects w ho arc engaging in Specified Sexual Activities. :28;2184647 11.5 9^ 7. 8. 9. 10. 11. 12. 13. 14. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin-, slug-, electronically-, or mechanically-controlled or operated still or motion picture machines, projectors, or other image-producing devices are provided or maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Motion Picture Theater. A business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity of 50 or more persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Body Painting Studio. A business or commercial enterprise that provides the service of applying paint or other substance, whether transparent or non­ transparent, to or on any Specified Anatomical .Area of any person. Cabaret. A business or commercial enterprise that provides dancing or other live entertainment, from which minors are excluded by reason of age or where such entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of Specified Anatomical Areas or Specified Sexual Activities. Companion Fstahlishment. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion betw een an owner, employee, or agent of the enterprise and a customer, if such ser\ ice is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Conversation/Rap Parlor. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion, from which minors are excluded by reason of age or where such service is distinguished or characterized by an emphasis on Specified Anatomical .Areas or Specified Sexual Activities. Massage Parlor. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, it such service is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Sauna. Steam Room, or Bathhouse Facility.. A business or commercial enterprise that provides one or more steam or heal bathing rooms or sauna or steam room facilities, where the serx ices provided are distinguished or characterized by an 228/22184647 11/5/99 emphasis on Specified Anatomical Areas or Specified Sexual Activities, or from which minors are excluded by reason of age. Subd. 3: Regulations A. Adult Uses - Principal 1. All Adult Uses - Principal shall require a Conditional Use Permit, 2. 3. All Adult Uses - Principal shall be located within the I-Industrial District. All Adult Uses - Principal shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the Adult Use - Principal to the property line of a Protected Use or ofh^'r Adult Use, whether the Protected Use is located in Orono or an adjoining commui! : a. A distance of at lea:.i 250 feet from the following: 4. 5. 6. (i) Licensed day care centers. (ii) Public or private educational facilities classified as an elementary, junior high, or senior high schools. (Hi) Public libraries. (iv) Public parks. (v) On-sale liquor establishments. (vi) Churches and church-related facilities. % b. A distance of at least 1000 feet from the following: (i) Other Adult Uses. (ii) Residential properties, unless separated from such residential propertie.«J by a railroad right-of-way or a State Highway. No Adult Use - Principal shall locate in any building which is also utilized for any Protected Use. At the time of application for a Conditional Use Permit, any property that is proposed to be occupied by an Adult use - Principal must comply with all current zoning, health, fire, and building regulations that apply to the site and building. No Adult Use - Principal may occupy a lot with a lot width of less than 200 feet. In addition, each Adult Use - Principal shall provide one parking space for each employee on duty, plus parking for customers according to the following schedule: 228/22184647 11/5/99 a.Motion Picture Theater: one space per seat actually provided or the maximum seating capacity of the theater. Motion Picture arcade: five spaces per machine. c.All other Adult Uses - Principal: one space per fifteen (15) square feet of floor area that is open to or used by the public or customers of the Adult Use - Principal. 7. Signage shall be as provided in Section —, Sign Ordinance. B. Adult Uses - Accessory 1. All Adult Uses - Accessory shall require a Conditional Use Permit. Add Adult Uses - Accessory shall be located only within the B-l, B-3, B-4. B-5 and B-6 Districts. 3.All Adult Uses - Accessory shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the Adult Use - Accessory to the property line of a Protected Use or other Adult Use, whether the Protected Use is located in Orono or an adjoining community: a. A distance of at least 250 feet from the following: 1. 2. 3. 4. 5. 6. 7. Residential properties. Licensed day care centers. Public or private educational facilities classified as an elementary, junior high, or senior high schools. Public libraries. Public parks. On-sale liquor establishments. Churches and church-related facilities. b. A distance of at least 1000 feet from the following: 1.Other Adult Uses. 4.No Adult Use - Accessory shall locate in any building which is also utilized for any Protected Use. Adult Uses - Accessory shall restrict and prohibit access to minors by the physical separation from areas of general access of items that are distinguished or ::8/::i84647 1 1/5/99 ■rj characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. a. b. Movie Rentals. Display areas for movies that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities shall be restricted from general view and shall be located within a separate room, the access or entrance to which is in clear view and under control of the persons responsible for the operation or controlled in some other effective manner which meets with the approval of the Zoning Administrator. Magazines. Magazines that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. 7. 8. c. Other adult materials or sei^'ices. Adult Uses - Accessory offering or providing items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities and that are not specifically cited above shall comply with the intent of this section, subject to the final approval of the City Council. Adult Uses - Accessory shall be prohibited from external advertising and signing of items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. At the time of application for the Conditional Use Permit, any property that is to be occupied by an Adult Use - Accessory must comply with all the current zoning, health, fire, and building regulations that apply to the site and building 228/22184647 ll/5/'99 ?G ^ o.'ts a \V' ^ C O v^^ w . c i , J. ^f c 0 vv\v^XH.di «v ’ Cy\. j t The Orono Planning Commission has held two work sessions to discuss the proposed adult use il/i j<^c ordinance and to make recommendations to the City Council. The ordinance before you was recommended for approval on October 27, 1999 at a pubic meeting. The Planning Commission voted to continue the meeting to November 1, 1999. The second meeting was not scheduled in advance and could not be noticed prior to the meeting. Based on the recommendation of the City Attorney the drafted ordinance before you does not include recommendations from the Planning Commission's second work session. I have summarized the recommendations from the Planning Commission to be added to the proposed ordinance. Added language to the ordinance has been underlined any parts of the ordinance to be omitted has been crossed out. Subdivision 2 (A) 141 4.For purposes of this Section, the term "dominant activity" shall mean any activity or activities that, individually or in combination, provide at least twenty percent (20%) of the gross receipts of the Adult Use's entire business operation at that site, or and occupy or comprise either up to ten percent (10%) or more of the total floor, wall, and shelf area within the site or 150 square feet or more of floor, wall, and shelf area within the site. Subdivision 2 (D) (1) 1.Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the conte.xt of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery-, coprophagy, coprophilia, cunnilingus. fellatio, necrophilia, pederasty, pedophilia, piquerism. sapphism, zooerasty; or Subdivision 2 (E) (7) 7.Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin-, slug-, electronically-, or mechanically-controlled or operated still or motion picture machines, projectors, or other image-producing devices are provided or maintained to show images to five or fewer no more than one persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, and the individual viewing areas are not screened, including but not limited to doors and curtains, in anv wav to obstruct the viewing areas from monitoring. Subdivision 2 (E) H 5) 15. Adult Use Other.Anv place to which the public is permitted, a business or commercial enterprise that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Subdivision 3 (A't (6't (a). a.Motion Picture Theater: one space per sk seats actually provided or the maximum seating capacity of the theater. b. Motion Picture arcade: ong fWe spaces per machine. Subdivision 3 CA'l (7> Sign Requirements. All Adult Uses - Principal shall comply with the following sign requirements: a. \L All signs shall be flat wall signs. The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or anv area where they can be viewed from the sidewalk in front of the building. Window areas shall not be covered or made opaque in anv wav. No signs shall be placed in any window. A one-square foot sign shall be placed on the door to state hours of operation and admittance is restricted to adults only. Subdivision 3 b. A distance of at least 5UQ feet from the following: 1.Other Adult Uses. Subdivision 4. If anv section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid bv a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section and each subsection, sentence, clause or phrase thereof, irrespective of the fact that anv one or more sections, subsections, sentences, clauses or phrases be declared invalid. D ORONO PLANNING COMMISSION WORK SESSION MINUTES FOR OCTOBER 27,1999 ROLL The Orono Planning Commission met on the above date to discuss a proposed adult use ordinance with the following members present; Chair Elizabeth Hawn, Commissioners William Stoddard, Dale Lindquist, Janice Berg, Jay Nygard, Sandra Smith and Daniel Kluth. The following represented City Staff; City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Mike Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg. Chair Hawn called the meeting to order at 8; 00 a m. CONTINUED BUSINESS Chair Hawn introduced the proposed adult use ordinance to the Planning Commission, and indicated three issues she wanted to address. 1 . Ensure the ordinance makes clear what the City will and will not allow. 2. Ensure the ordinance provides for effective enforcement ability in the case of a violation of the ordinance. 3. Ensure the limitations regarding the opportu-'ity to locate adult use establishments in the City are reasonable Hawn requested City Attorney Tom Barrett introduce the draft ordinance. Barrett stated adult uses are protected under the First Amendment. If the City does not have an ordinance in place that regulates adult uses, the City may not be able to take any regulatory action to address the negative impacts of adult uses. Studies have shown negative activity can result from nearby adult use establishments. Barrett stated it is in the best interest of the City to adopt an ordinance that would allow adult uses to exist in defined areas of the City. Kluth inquired if an ordinance should disperse the use or concentrate the use to one area in the City. Barrett stated the ordinance would concentrate the uses in the City's industrial and commercial areas, which are only a small portion of the City's land area. Hawn suggested the empirical studies regarding the adverse impacts of adult uses should be incorporated in the ordinance as footnotes Hawn commented the Planning Commission needs to determine whether the proposed ordinance provides sufficient opportunity for locating adult uses in the City. Barrett stated the total land area available for adult uses is appropriate because Orono is a bedroom community. Only a small percentage of the land area is zoned for commercial and industrial uses, and much of the commercial and industrial land is immediately adjacent to residential properties. ORONO PLANNING COMMISSION WORK SESSION MINUTES FOR OCTOBER 27,1999 Adult uses are allowed as principal, accessory and exempt. Exempt adult uses include rental and sale of adult merchandise, if not using more than five square feet of floor or shelf space in any commercial district that conforms to the requirements of the Zoning Chapter. Kluth questioned the use of a business such as a lingerie shop that held lingerie shows. Lindquist stated a lingerie shop would be permitted in the retail zoning district, but lingerie shows may be an adult use. The Commission members agreed it is very important that the adult use portion of an establishment with an adult use-accessory be a minor part of the business, such that the adult use portion is not apparent to the average customer. Barrett stated if a business were to be considered an adult use-accessory, it would only be allowed to use ten percent of the floor area for the adult use-related activity, and revenues from the adult use activity could not exceed twenty percent of the total receipts. Kluth stated books and videos may be one type of adult activity that may be more protected. Hawn inquired if the ordinance should treat liquor establishments separately from other uses that need to be separated from adult uses such as schools, day care, parks versus liquor establishments. Berg stated the ordinance language would not have to treat liquor establishments separately. Smith inquired whether locating a day care center within the defined setback to an adult use could be allowed. Barrett stated the day care could locate within the defined boundary of an adult use business, the adult use business would be allowed to continue by a grandfather right. Stoddard questioned what right the City has to deny a conditional use permit. Barrett stated the denial of a conditional use permit application must be based on whether the application meets the City's zoning regulations, which can include a set of performance standards related to the conditional use. Kluth entered the following documents into the record; Ordinance Regulation Adult Establishments, County of Alamance. Smith requested information relating to signage, lighting and hours of operation for an adult business. Weinberger stated the lighting and signage would be regulated under the existing zoning district requirements. ORONO PLANNING COMMISSION WORK SESSION MINUTES FOR OCTOBER 27, 1999 Kluth requested a copy of the existing sign ordinance. Commissioner Berg departed the meeting at 8:55 a.m Hawn inquired whether the Planning Commission was in a position to make a motion regarding the proposed ordinance. Barrett stated the moratorium expires on November 12, 1999 and cannot be extended. Barrett stated to move the ordinance to the City Council prior to the expiration date the Planning Commission should make a recommendation to allow the ordinance to appear before the City Council on Novembers, 1999. Stoddard moved to approve the ordinance based on the City Attomey's's recommendation. Hawn requested the draft ordinance be amended to only allow ten percent of retail space to be used for an accessory adult use. Smith stated it is the intent of the Planning Commission to consider all adult uses requiring more than ten percent of retail space as a principal adult use. Stoddard withdrew his motion Lindquist moved to recommend approval of the Adult Use Ordinance as submitted with the accessory uses to allow ten percent of floor space to be permitted for adult uses, the accessory adult use to be a conditional use, as a secondary use, in the B-1, B-3, B-4, B-S and B-6 zoning districts and the adult use principal to be conditional use in the 1, Industrial District. Hawn inquired whether each of the listed zoning districts includes retail uses as permitted or conditional uses, as they would then allow, by a conditional use permit, an adult use-accessory. Weinberger listed the permitted and conditional uses within the B-4 zoning district. Stoddard seconded the motion. VOTE: Ayes 6, Nays 0. Chair Hawn noted additional discussion regarding the Adult Use Ordinance would be continued to a Planning Commission Work Session for November 1, 1999 to commence at 8:00 a m. in the Council Chambers. Commissioner Stoddard departed the meeting at 9:15 a m. Chair Hawn, Commissioners Smith, Nygard and Kluth stated they would be available for the Work Session. Weinberger stated he would notify Commissioner Berg of the Work Session meeting. ORONO PLANNING COMMISSION WORK SESSION MINUTES FOR OCTOBER 27,1999 Smith inquired of the status of the Home Occupation Ordinance. Weinberger stated he would look into the matter and report back to the Planning Commission, Nygard moved, Kluth seconded to adjourn at 9:27 a.m. ■RCM 2'90 16:46 2“ i6:44 ::0. S7o0044222 JtliiN5>tlAVV <s: VJUL.151iK 1 5UiN ?IPEI)A5?7lAYTO‘iFJJ icmj 100 SOUTH NINTH SniET MC*TCEA?CL3. KDOfESCTTA iUixi 4:unuu TZLE?aZ: 41151 Um MEMORANDUM TO; FROM City Council City Manager Thomas J. Barrett, City Attorney RE;Adult Use Ordinance DATE;October 8, 1999 We have reviewed the draft Adult Use Oiiaance prepared by Kris Jeason based on her review of pertinent studies and adult use ordinances adopted by other area raunicipaUties. In reviewing the draft ordinance, we also have considered studies concerning the secondary effects of adult busiuesscs. as weU as coaso'dins and peisuasive case law which. coUectively, establishes the peimissible scope and houadaries of municipal regulation of adult uses. A revised version of the draft ordinance is ahcched for your consideration. We have tried to incoiporate what we consider to be essential components that ate mandated or. in out opiiuon. advisable under current law, as well as less fundamental revisions that ate de.signed to remedy the somewhat circular nature of the regulatory scheme ptoposetl in the original draft. In addition to those changes, we have the foLowing general comments. Under United States Supreme Court precedent, adult businesses generally are entitled to First Amendment protection because they involve the exercise of the fundamental right to freedom of expression. That right is constrained, b the context of adult businesses, by the government ’s right to prohi ’oit obscenity (as defined by siamte in Minnesota) and by the principle that commercial speech or expmsslon, including expression that involves sexuaUy- oriented materials or content, is cnutled to a lesser degree of First Amendment protection t.an I 128/21l*-t735 UV&rSO FROM ••• • . t • A • ^ ^ • •: .v:^; •: ^ t lb uiuiviuutu non-commercial expression. Accoramgiy, mumcipaiiues may regulate itic time, place, and manner of sexually-oriented expression lilce tliat offered by adult businesses if there is a valid govciumcntal interest in doing so and the regulatory scheme is narrowly tailored to achieve such valid objectives. A city may not, whether by purpose or effect, completely ban or exclude scxually-orieated speech, other than obscenity. To be valid, government regulation of non-obscene sexusdly-oriented materials and expression must be (1) "content-neutral," meaning that a city cannot regulate the content of the si)eech or expression involved; (2) narrowly-tailored to advance a substantial government interest, which the courts have determined includes preventing the unwanted secondary effects of adult businesses; and (3) must allow reasonable alternative avenues ot communication, meaning that adult businesses cannot be excluded completely from a city but may be restricted from locating within specified distances of certain uses. The focus of any government regulation of adult businesses must be on the secondary effects they will have on surrounding uses and areas, and not on their content — i.e., the mere fact that ihcy arc adult businesses featuring sexually-oriented materials- If a City Council reasonably believes that the types of adult businesses it is proposing to regulate will produce Such unwanted secondary effects, it will be allowed "a reasonaolc opportunity to c.xpcrimcnt with solutions" to protect the community from such impacts. In terms of adequate alternative avenues of communication, the United States Supreme Court has upheld an ordinance that allowed adult businesses to locate only within 591 ’ of the total area of a city. Other couru in other cities have measured alternative avenues of communication available to adult businesses by the number of separate business sites that became available once the regulation went into effect and/or the proportion of commercially- zoned land (generally including business, co.mmercial, and industrial districts) within which an adult business could operate. As drilfied tlic ordinance proposed for Orono targets the unwanted secondary effects that, based on studies, other cities have found to be caused by the presence of adult businesses. Nevertheless, for clarity, we have attempted to make the City s purpose in that regard more explicit, both in the ordinance text and in the proposed findings on which its adoption might be based. Wc have also added language that declares the City CouncU’s specific Intent not to interfere with the exercise of First Amendment rights. Before the City Council acts on the proposed Amendment. City staff must complete its saidy of the alternative avenues of communication that will be availab.c if the ordinance is adoptwd. in terms of the proportion of space within the city’s commercial districts or the city as a whole where an adult business could locate. The draft Ordinance would impose distance resiricUons between adult businesses and certain vnilnsrable uses, such as day care centers, 22V2il54735 l(V!/99 FROM (?&mO. S’99 16:47 ST. 15:44 N'O.-760044232 7 avuOuia, iiuiiuicd, cic., U3 wen ua diiiutij^ ituuu ousuicsscs. I Hc issuc IS wficincr, cy virtue or the various distance restrictions, too much property within Orono has bceu excluded to afford adult businesses constitutionally adequate opportunities to locate and operate in Orono. Finally, other Orono ordinances may he affected by the proposed adult use ordinance, and those effects should be examined and addressed in close correlation with the proposed ordinance. For example, the City Council may wish to consider amending its sign ordinance lo control and regulate signage for adult businesses, based on the concept that explicit or inappropriate advertising may create the same types of secondary effects that the businesses themselves generate. Also, the City Council may wish to consider licensing adult businesses in addition to zoning them appropriately. Licensing .schemes can be tricky to implement and enforce, however, especially in the civil rights area, and may present more risk than reward to the City. U8A21M733 1(V8.39 '4 City of Wavzata The City of Wayzata distinguishes between "principal" and "accessory" adult uses. Principal uses would use adult products (magazines, videos, etc. or a club) as the primary product. Accessory uses would be a video rental store that would have a private room for adult videos only. A. Locations adult uses are permitted - Principal Adult uses principal shall be located at least two hundred (200) feet from the closest point of the building or actual leased space of the adult use principal to the property line of: 1. 2. 3. 4. 5. 6. 7. Residentially zoned property A licensed day care center A public or private educational facility (K-12) A public library A public park An on-sale liquor establishment 250 feet to another adult use No two adult uses shall be located in the same building. B. Signage - Adult Use Principal Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; and shall not contain material classified as advertising; and shall comply with the requirements of size and number for the district in which they are located. C. Liquor - Adult Use Principal No establishments with Adult Uses as a principal use shall allow liquor on the premises, nor shall the use be located within 200 feet of an on-sale establishment. D. Adult Uses - Accessory 1.The use shall comprise no more than 10% of the floor area of the establishment in which it is located. 2. Comprise no more than 20% of the gross receipts of the entire business operation. 3. Not involved or include any activity except the sale or rental of merchandise. Movie rentals shall be located where display areas shall be restricted from public view, and an employee shall monitor the entrance. T Magazines classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the title. Other uses-accessory shall comply with the intent of the situations noted above. E. Signage and Advertising -- Adult Use -- Accessor}' Prohibited from internal and external advertising and signage of adult materials and products. City of Minnetonka The City of Minnetonka distinguishes between two types of adult uses. 1. High Impact Business - Any business with materials or entertainment which are principally related to sexual stimulation or gratification other than a limited impact business. 2. Limited Impact Business — Items are sold for off premises use only. All items must be displayed n a separate area to which all persons must at least 18 years old to enter. The separate area may not exceed 20% or 300 s.f. of the total retail space. Some items may be placed outside of the isolated area, but must be accessible only to employees and sealed with an opaque cover. A. Permitted Locations for High Impact Businesses; 1. Any non-residential zone as long as it is a permitted use or a Conditional Use. 2. B-1. B-2, B-3.1-1, PUD. and PID on land designated for a non-residential use. 3. High Impact Uses are not allowed within 250' of the follow ing uses: 1. Residential uses 2. Day Care Facilities 3. Schools 4. Librarv 5. Park 6. Playground 7. Slate and Federal Wildlife Preserves 8. Religious Institution 9. Other Public Recreational Facilities 10. Any Establishment Selling or Fielding a Liquor License 11. Another I ligh Impact Business B. Signage All Signage on high impact businesses shall be flat wall signs. No free standing, on roof, flashing, moving elements, or electronically or mechanically changing messages. No merchandise or photos of products shall be visible from the exterior of the building. No signs shall be placed in any window or opaque covering. The City does not want to create the image of a vacant or blighted building. The only other signage allowed would be a 1 s.f. "Adults Only" sign and hours of operation on the main entrance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING CITY CODE CHAPTER IQ, BY ADDING A NEW SECTION 62 RELATING TO ADULT USES. The City Council of Orono ordains as follows: Section 1. Section 10.62, Adult Related Uses, is hereby adopted. WHEREAS, the City recognizes the sanctity and fundamental nature of free speech; and WHEREAS, the City does not intend to regulate or ban speech based on content; and WHEREAS, the City has reviewed and relies on the State Attorney General's "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6,1989, which details the effects and impacts of sexually-oriented business; and WHEREAS, the City also has reviewed and relics on the "Task Force Report on Sexually-Oriented Businesses," authored by the City of Minnetonka, St. Louis Park, and Shakopee, Minnesota, which considered relevant studies from six cities; and WHEREAS, the City of Orono is similar to the cities in the Attorney General's study and the cities involved in preparing the above Task Force Report, as well as the cities whose studies were considered therein, and the City will experience the same secondary effects from adult businesses as did those cities; and WHEREAS, adult businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other uses; and WHEREAS, residential neighborhoods located within close proximity to adult businesses experience increased crime rates (sex-related crimes, in particular), lowered property values, increased transiency, and decreased stability or ownership; and WHEREAS, the adverse impacts which adult businesses have on surrounding areas diminish as the distance from the adult use increases; and WHEREAS, studies of other cities have shown that among crimes w hich tend to increase either w ithin or in the near vicinity of adult businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior; and Page 1 of 10 WHEREAS, the control and regulation of adult businesses require intensive police and public health efforts by the City and its contractors and consultants, and that the concentrated use of such services detracts from and reduces the level of services available to the rest of the community and thereby diminishes the ability of the City to promote the general health, safety, and welfare of the community; and WHEREAS, adult businesses are not appropriate in or near locations or areas designed to attract children, such as day care centers, parks, schools, recreation areas, libraries, and churches; and WHEREAS, studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult businesses; and WHEREAS, the adverse impacts of adult uses are exacerbated when the uses are located near each other; and WHEREAS, the presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood; and WHEREAS, adult businesses can increase the risk of exposure to communicable diseases, including but not limited to Acquired Immune Deficiency Syndrome (AIDS), for which there is currently no cure; and WHEREAS, the risk of public health and safety problems can be significantly reduced by careful regulation of adult businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA HEREB Section 1 - That City Code Chapter Jj), is hereby amended by adding a new Section 62, which shall read as follows: SEC. 10.62. SEXUALLY ORIENTED BUSINESSES. Subd. 1:Purpose. In order to protect the City’s community image, property values, public health, safety, welfare, and business environment, the City has found it necessary, in light of the harmful and unwanted secondaiy' effects that certain businesses generate, to restrict where such businesses may locate within the City and to regulate those businesses. Only those businesses with secondary effects on neighboring properties and the City are intended to be regulated. This Section is not intended to restrict or regulate art. Page 2 of 10 Subd. 2:Definitions. A. "Adult Use" shall mean and include every type and variety of bookstore, adult motion picture theater, adult motion picture sales/rental operation, adult mini-motion picture theater, massage parlor, steam room/bathhouse/sauna facility, companionship establishment, rap/conversation parlor, adult health/sport club, cabaret, adult gift or novelty business, motion picture arcade, adult modeling studio, adult hotel/motel, body painting studio, and any other premises, enterprise, establishment, business, operation, or place that is open to some or all members of the public, at, in, on, or from which materials, entertainment, or services are presented, displayed, depicted, described, distributed, sold, or rented that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities, and shall include each and every Specified Adult Business. Any activity or material that is classified as obscene under Minnesota Statutes Section 617.241, as the same may hereafter be amended, does not constitute an adult use and are specifically prohibited. 1. 2. Adult Use - Principal. An Adult Use in, on, or from which the sole or a dominant activity involves the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Use - Accessory. An Adult Use for which the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities is not a dominant activity. An Adult Use - Accessory typically does not involve or include any activity except the sale or rental of merchandise. 3. 4. Adult Use - Exempt. An Adult Use wherein the presentation, display, depiction, description, distribution, sale, or rental of goods, services, entertainment, or materials that constitute or contain an emphasis on Specified Anatomical Areas or Specified Sexual Activities is conducted only on a diminutive scale, such that it is extremely incidental to any dominant activity and, individually or in combination, occupies or comprises less than five (5) square feet of the total floor, wall, and shelf area of the Adult Use, Adult Uses - Exempt shall not include or involve any activity except the sale or rental of merchandise, and no external or internal advertising of any adult or sexually-oriented merchandise shall be permitted. For purposes of this Section, the temi "dominant activity" shall mean any activity or activities that, individually or in combination, provide at least twenty percent (20%) of the gross receipts of the Adult Use’s entire business operation at that site, or and occupy or comprise up to ten percent (10%) or more of the total floor, wall, and shelf area w ithin the site or 150 square feet or more of floor, w all, and shelf area within the site. Page 3 of 10 B."Protected Use" shall mean and include the following: licensed day care centers; public or private educational facilities classified as elementary, junior high, or senior high schools; public libraries; public parks; on-sale liquor establishments; churches and church-related facilities; and residential properties or uses. C. "Specified Anatomical Area" shall mean and include the following: 1.Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast(s) below a point immediately above the top of the areola; and 2.Human male genitals in a discern by turgid state, even if completely and opaquely covered. D. "Specified Sexual Activity" shall mean and include the following: 1.Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or 2. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or 3. Use of human or animal ejaculation, sodomy, oral copulations, coitus or masturbation; 4. 5. Fondling or touching nude human genitals, pubic region, buttocks or female breast; or Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons; or 6.Erotic or lewd touching, fondling or other sexually-oriented conduct with an animal by a human being, or 7. 1 luman excretion, urination, menstruation, vaginal or anal irrigation. E. "Specified Adult Business" shall mean and include the following: Page 4 of 10 i 1. 2. 3. Adult Bookstore. A business or commercial enterprise that provides for barter, rental, or sale items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or other visual or aural media, from which minors are excluded by reason of age or where a substantial or significant portion of such items are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Gift or Novelty Business. A business or commercial enterprise that has as a principal activity the sale of devices, implements, equipment, or novelties that are designed, marketed, used, or sold for the primary purpose of stimulating human genitals otherwise providing sexual stimulation. Adult Health Club or Adult Sports Club. A business or commercial enterprise that is named, signed, advertised, or promoted as a facility or club providing health- or sports- related goods, services, or equipment, from which minors are excluded by reason of age or that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. 4.Adult Hotel or Motel. A business or commercial enterprise that provides rooms, facilities, or lodging on a short-term basis and wherein material or entertainment is presented, displayed, provided, or otherwise made available that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. 5. 6. 7. Adult Mini-Motion Picture Theater . A business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity of less than 50 persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Adult Modeling Studio. A business or commercial enterprise the primary or dominant activity of which is to provide for its customers to observe, paint, paint upon, sketch, draw , sculpt, photograph, videograph, or otherwise dep ct or portray, with the intent of providing sexual stimulation or sexual gratification to such customers. Specified Anatomical Areas of one or more models or subjects, or one or more models or subjects who are engaging in Specified Sexual Activities. Adult Motion Picture Arcade . Any place to which the public is permitted or invited wherein coin-, slug-, electronically-, or mechanically-controlled or operated still or motion picture machines, projectors, or other image-producing devices are provided or maintained to show images to no more than one person per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Se.xual Activities, and the individual viewing Page 5 of 10 8. 9. 10. 11. 12. areas are not screened, including but not limited to doors and curtains, in any way to obstruct the viewing areas from monitoring. Adult Motion Picture Theater. A business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity of 50 or more persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Rodv Painting Studio. A business or commercial enterprise that provides the service of applying paint or other substance, whether transparent or non-transparent, to or on any Specified Anatomical Area of any person. Cabaret. A business or commercial enterprise that provides dancing or other live entertainment, from which minors are excluded by reason of age or where such entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of Specified Anatomical Areas or Specified Sexual Activities. Companion Establishment. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion between an owner, employee, or agent of the enterprise and a customer, if such service is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Conversation/Ran Parlor. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion, from which minors are excluded by reason of age or where such service is distinguished or characterized by an emphasis on Specified .Anatomical Areas or Specified Sexual Activities. Ma.ssage Parlor. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an enipr.^jsis on Specified Anatomical Areas or Specified Sexual Activities. Sauna. Steam Room, or Bathhou.se Facility . A business or commercial enterprise that provides one or more steam or heat bathing rooms or sauna or steam room facilities, where the services provided are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, or from which minors are excluded by reason of age. Page 6 of 10 15. Adult Use Other. Any place to which the public is permitted, a business or commercial enterprise that is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. Subd. 3: Regulations A. Adult Uses - Principal 1 . All Adult Uses - Principal shall require a Conditional Use Permit. 2. 3. All Adult Uses - Principal shall be located within the 1-lndustrial District. All Adult Uses - Principal shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the Adult Use - Principal to the property line of a Protected Use or other Adult Use, whether the Protected Use is located in Orono or an adjoining community: a. A distance of at least 250 feet from the following: (i) Licensed day care centers. (ii) Public or private educational facilities classified as an elementary, junior high, or senior high schools. (iii) Public libraries. (iv) Public parks. (v) On-sale liquor establishments. (vi) Churches and church-related facilities. b. A distance of at least 1000 feet from the following: 4. 5. (i) Other Adult Uses. (ii) Residential properties, unless separated from such residential properties by a railroad right-of-way or a State Highway. No Adult Use - Principal shall locate in any building which is also utilized for any Protected Use. At the time of application for a Conditional Use Permit, any property that is proposed to be occupied by an Adult use - Principal must comply with all current zoning, health, fire, and building regulations that apply to the site and building. Page 7 of 10 6.No Adult Use - Principal may occupy a lot with a lot width of less than 200 feet. In addition, each Adult Use - Principal shall provide one parking space for each employee on duty, plus parking for customers according to the following schedule: a.Motion Picture Theater: one space per six seats actually provided or the maximum seating capacity of the theater. b. Motion Picture arcade: one space per machine. 7. c. All other Adult Uses - Principal: one space per fifteen (15) square feet of floor area that is open to or used by the public or customers of the Adult Use - Principal. Sign Requirements. All Adult Uses - Principal shall comply with the following sign requirements: a. All signs shall be flat wall signs. b. c. d. The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building. Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square foot sign shall be placed on the door to state hours of operation and admittance is restricted to adults only. 8.Hours of Operation. Adult Use Principal Businesses shall not be open between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1 ;00 a.m. and 12:00 noon on Sunday. B. Adult Uses - Accessory' 1 . All Adult Uses - Accessory shall require a Conditional Use Permit. 2. All Adult Uses - Accessory shall be located only within the B-1 , B-3, B-4, B-5 and B-6 Districts. 3.All Adult Uses - Accessory shall be located at least the following specified distances, measured radially in a straight line from the closest point of the building or actual leased space of the Adult Use - Accessory to the property line of a Protected Use or Page 8 of 10 . In iployee ig sign per foot uses d from the ns shall be •or to 4. the hours en 1:00 a.m andB-6 other Adult Use, whether the Protected Use is located in Orono or an adjoining community: a. A distance of at least 250 feet from the following: 1. Residential properties. 2. Licensed day care centers. 3. Public or private educational facilities classified as an elementary, junior high, or senior high schools. 4. Public libraries. 5. Public parks. 6. On-sale liquor establishments. 7. Churches and church-related facilities. b. A distance of at least 500 feet from the following: 1.Other Adult Uses. No Adult Use - Accessory shall locate in any building which is also utilized for any Protected Use. Adult Uses - Accessory shall restrict and prohibit access to minors by the physical separation from areas of general access of items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. a. b. r. Movie Rentals. Display areas for movies that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities shall be restricted from general view and shall be located within a separate room, the access or entrance to which is in clear view and under control of the persons responsible for the operation or controlled in some other effective manner which meets with the approval of the Zoning Administrator. Magazines. Magazines that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, shall not be accessible to minors and shall be covered with a \vxapper or other means to prevent display of any material other than the publication title. Other adult materials or services. Adult Uses - Accessory offering or providing items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities and that are not Page 9 of 10 L specifically cited above shall comply with the intent of this section, subject to the final approval of the City Council. 7.Adult Uses - Accessory shall be prohibited from external advertising and signing of items that are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities. 8.At the time of application for the Conditional Use Permit, any property that is to be occupied by an Adult Use - Accessory must comply with all the current zoning, health, fire, and building regulations that apply to the site and building Subd. 4:If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section and each subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 2. This ordinance shall be published in THE LAKER/PIONEER newspaper and shall be effective immediately. Adopted by the City Council of the City of Orono, Minnesota at its regular meeting held the 8th day of November, 1999. ATTEST: Linda S. Vee. Deputy Clerk Gabriel Jabbour, Mayor To be published in the Laker/Pioneer newspapers the week of November 13,1999. Page 10 of 10 REQUEST FOR COUNCIL ACTION COUNCIL MEETING NOV 3^999. cmoFoaoNo DATE: November 5, 1999 ITEM NO: / 0 Department Approval: Name RonMoorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Rq>ort Item Description: Resolution Proclaiming November 15 - 21 as Housing Week Interfjuth Outreach and Community Partners (lOCP) is an organization, partially funded by the City of Orono and other cities in the area, that is very much involved in addressing housing needs. The lOCP, along with 17 local congregations and several youth groups, civic organizations, schools and service organizations, will be observing the week of November 15 -21 as "Housing Week". Housing week is a community initiative to raise awareness about local housing issues, to raise money to address housing needs, and to promote community involvement and volunteerism. Housing Week will focus on the lOCP geographic service area, which includes Plymouth, Medina, Orono and adjacent communities. Information regarding Housing Week activities is attached. The lOCP is requesting the cities in its service area adopt a resolution proclaiming November 15 - 21 as Housing Week. A resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion regarding the adoption of a resolution proclaiming November 15-21 as Housing Week. A RESOLUTION PROCLAIMING NOVEMBER 15 - 21,1999 TO BE HOUSING WEEK IN THE CITY OF ORONO WHEREAS, the lack of safe, decent, and affordable housing destabilizes the lives of families and individuals, negatively impacts the health and school performance of children and the health of elderly, and contributes to homelessness; and WHEREAS, Interfaith Outreach & Community Partners (lOCP) provided approximately 581 emergency housing assists in 1998 to prevent homelessness; and WHEREAS, "Housing Week" is a community initiative to raise awareness about local housing issues, to raise money to address housing needs, and to promote community involvement and volunteerism. Several congregations, service organizations, youth groups, community residents, schools, and civic organizations are participating in Housing Week activities; and WHEREAS, public, private, non-profit partnerships play an essential role in the development and preservation of affordable housing; and WHEREAS, the City is a participant in the Metropolitan Livable Communities Act; and WHEREAS, Housing Week coincides with National Hunger and Homelessness Awareness Week (November 14 - 20). NOW, THEREFORE, BE IT RESOLVED THAT the Orono City Council does hereby proclaim November 15-21, 1999 to be: HOUSING WEEK in the City of Orono, and does also encourage all citizens to participate in the activities associated with Housing Week. Page 1 of2 Adopted by the City Council at a regular meeting held on November 8, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 2 of 2 INtfeRFAlTH ^6124734337 10/24/99 14:37 |3 :03/04 N0:247 HOUSING WEEK November 15-21 Intertaith Outreach & Comm units Partners (lOCP), along with seventeen local congregations, and several youth groups, civic organizations, schools, and service organizations, will be observing the week of November 15-21 as “Housing Week" Housing week is a community initiative to raise awareness about local housing issues, to raise money to address housing needs, and to promote community involvement and volunteerism. Housing Week will focus on the lOCP geographic service area which includes Plymouth. W'ayzata, Long Lake, Medina. Orono, Minnetonka Beach, Medicine Lake, and Hamel. Calendar of Activities • Sunday, November 14"* from 7:00 to 8:00 p.m in front of the Edina Realty otTice, 1120 E. Wayzata Blvd (across from Colonial Square) in IVayzata. Please join us for a small bonfire, hot cider and cookies, and prayer, as we kick-off Housing Week and Bob Fisher ’s (of Bob’s Shoe Repair in Wayzata) fourth annual Sleep-Out to raise funding and awareness about homelessness in the community • Monday, November 15*^ from 5:00 to 9:00 a.m. WCCO radio will have a mobile unit stationed at Bob’s tent in front of the Edina Realty office, 1120 E. Wayzata Blvd (across from Colonial Square) in Wayzata. Supporters are encouraged to stop by for coffee and treats. ■ Thursday, November 18'" at 7:00 a.m. at Wayzata Country Club. Please join us for a community prayer breakfast, where Housing Week will be announced Belle Davenport is the key speaker at this event. Tickets can be purchased tor $ l5/cach at TOCP (473-2436) ■ Friday. November 19‘" in front of the Wayzata Fire Station. The fifth annual Gleason Lake Home Base Big Kid’s Sleep-Out • Saturday/Sunday, November 20/21. The faith community will bring Housing Week to a close Pastors wall rally congregations around financial and moral suppon for local housing initiatives Qthar Cofpmunity Invoivtmtnt • A Wavzata Lions member v.ill sleep outside witJi Bob every night. • The Bov Scouts Pack ?«5"0 is douig a fundraiser, sleep-uul, and education • Tlircc area schools will use lesson plan materials from the MN Coalition from the Homeless during Housing Week. Other Education Efforts In preparation for Housing Week. lOCP will be working within our member congreg'-;tions to provide education about affoidable housing issues A list of ihe dales, times, and locations of the forums are attached These forums are open to ei’eryone. INTERFAITH © 612A734337 10/24/99 14:37 3 :04/04 1^lO:24r Affordable Hou^irtg Forums: Date Tuesday, October 26 7:00 - 8 30 PM Thursday, October 28 7:00 - 8:30 PM Thursday, November 4 7:00 - 8:30 PM Tuesday, November 9 7:00 - 8-30 PM Thursday, November 11 7:00-8-30 PM Location St. Philip the Deacon 17205 Co Rd 6. one block east ofCo Rd 101 in PlyTnouth Calvin Presbyterian 177 Glendale Drive in Long Lake Holy Name of Jesus Church 155 County Road 24 in Medina Wayzata Community Church 125 East Wayzata Blvd. in Wayzata St. Barnabas 15600 Co Rd 6 in Plvmouth COflWCIL MEETING NW REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: November 8, 1999 ITEM NO.: H Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Extension of Hennepin County Agreement for Mapping Data Use On July 12, 1999 the Council approved a resolution authorizing the City to enter into an agreement with Hermepin for use of computerized mapping data generated by the County. This agreement expires on December 31, 1999. We are recommending approval of the attached resolution authorizing the extension of this agreement until December 31, 2<III COUNCIL ACTION REQUESTED: Motion to approve resolution authorizing extension of the agreement with Hennepin County for use of computerized mapping data. A RESOLUTION AUTHORIZING THE CITY OF ORONO TO EXTEND AN AGREEMENT FOR THE USE OF HENNEPIN COUNTY'S ELECTRONIC PROPRIETARY DATA BASE WHEREAS, the County has developed an electronic proprietary geographical digitized data base which was designed using an automated mapping facility software product which proprietary geographical digitized data base is hereinafter referred to as "Electronic Proprietary Data Base (EPDB)" and which is described in the Hennepin County Conditional Use License Agreement attached hereto and hereby made a part hereof; and WHEREAS, the City of Orono desires to use the County's EPDB in the course of conducting the City's business; and WHEREAS, the County intends that any additions and modifications to the EPDB relating to the County remain wholly compatible with the County 's EPDB for the period of the copyright and information added to the data base by either the County or the City shall be made available to either party; and WHEREAS, in acknowledgment of the Entity^'s above stated purpose, the County is agreeable to provide to the City the EPDB described in Exhibit A; and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB. WHEREAS, on July 12, 1999 the City' Council approved Resolution No. 4321 authorizing execution of the agreement with an expiration date of December j1, 1999. NOW, THEREFORE, be it resolved that the City' Council authorizes e.xtension of the agreement through December 31,2000. Adopted by the City Council of the City' of Orono this 8ih day of November, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 1 of I V ^ Hennepin County . • T VI-■-- An Equal Opportunity Employer October 22, 1999 Greg Gappa Director of Public Serv ices City of Orono 2750 Kelley Parkway Crystal Bay, Minnesota 55323 Agreement ^ A18439 Dear Mr. Gappa: Hennepin County desires to e.xtend the above referenced EPDB Conditional Use License Agreement throuzh December 31,2000. If you as a Governmental Unit, Consultant/Third Party, or Private Corporation desire to e.xtend the above-referenced Agreement, the following requirements must be satisfied as thev pertain to your entity; Please return the required information to Hennepin County, Attention. Eleanor Drey (at the address stated on the bottom of this page). AJ GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER’S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER. IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. XOTE SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPT OF THEIR STATUTORY OR CHARTER AUTHORIT)' TO APPROFE THEAGREEMESTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY WITH A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. n/a____THROUGH THE YEAR 2000. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWXEDMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPOR.ATION MUST SIGN THE ATTACHED SIGN.ATURE PAGE AND ACKNOWl-EDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. Ta.xpayer Services Department Survey Division Suite A'703 Hennepin County’ Government Center Minneapolis, Minnesota 55487-0073 (612) 343-3131 F Page 2 As authorized by the Agreement and noting the above requirements, which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2000. Please renim originals of this page and the acknowledgement page and a copy of affirmation as Consultant/Third Party, as required, to the attention of Eleanor Drey at the address shown on page I as soon as possible. Please check (X) appropriate box. Or It IS our intention to e.\tend this agreement through the year 2000. H It is NOT our intention to extend this agreement through the year 2000. We no longer require this informatton. Signature:Date: Authorized Signature Title: C T/\ ^ ~ AV If you have any questions about this notice, please call Eleanor Drey at (612) j 48-j 131 for assistance. Sincerely, Hennepin County - \ :f.* An Equal Opportunity Emplojer • f ^ *S i *- • b // July 22,1999 Greg Gappa Director of Public Services City of Orono 2750 Kelley Parkway Orono. Minnesota 55356 Dear Mr. Gappa; Enclosed is your signed copy of the Electronic Proprietary Database (EPDB) License Agreement between the City of Orono and Hennepin County. Sincerely, Gary' F. Caswell, County Surveyor Enc. Taxpayer Services Department Survey Division Suite A-703 Hennepin County Govcmme.nt Center Minneapolis, Minnesota 554S7'0073 (612) 345-3131 Rccycldl P Agreement No. A18439 HENNEPIN COUNTY CONDITIONAL USE LICENSE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, Taxpayer Services Department, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County”, and the City of Orono, hereinafter referred to as the “Entity”. For purposes of this Agreement, the address of the County is A703 Government Center, Minneapolis, Minnesota 55487-0073 and the address of Entity is 2750 Kelley Parkway, Crystal Bay, Minnesota 55323. WITNESSETH WHEREAS, the Coimty has developed electronic forms of certain data bases and an electronic proprietary geographical digitized data base hereinafter referred to as EPDB ; and WHEREAS, the Entity desires to use the County’s EPDB in the course of conducting the Entity’s business; and WHEREAS, in acknowledgment of the Entity’s above-stated purpose, the County is agreeable to provide to the Entity the EPDB, and WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said EPDB; and WHEREAS, the County exclusively o^^•ns the EDPB which is the subject of this Agreement and has the authority and legal right to grant Entity" a license to have and use the EPDB as provided in this Agreement; and WHEREAS, the EPDB is trade secret or confidential information imder the Minnesota Government Data Practices Act and is governed by Minnesota Statutes sections 375.86 and 13.03 as well as other applicable state and federal law. NOW THEREFORE, in consideration of the premises, as well as the obligations herein made and undertaken, the parties hereto, intending to be legally bound, hereby agree as follows. Forml (10/98) l.l Section 1 SCOPE OF AGREEMENT This License Agreement shall apply to the EPDB, which Hennepin County will provide to Entity, after a specific request has been made to County. Section 2 GRANT OF LIi\nTED LICENSE 2.1 The County hereby grants the Entity a non-exclusive, nontransferable and nonassignable limited use license to use the EPDB which includes self developed computer software under Minn. Stat. § 375.86. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE 3.1 The Entity acknowledges and agrees that the EPDB is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the EPDB as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the Entity’s business. The Entity further acknowledges and agrees the EPDB is a creative selection, coordination, arrangement and method of arrangement of data which is identified as being subject to copyright protection; is self-developed computer software under Minn. Stat. § 375.86 and is an entire or substantial :.id discrete portion of a pattern, compilation, method, technique, process, data base or system developed with significant expenditure of funds by County under Minn. Stat. § 13.03. The Entity agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all EPDB furnished to the Entity' as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said EPDB, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in cr to any EPDB of the County. The Entity acknowledges that it is granted only a limited right of use of such EPDB, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in any EPDB of the County. Section 4 PROTECTION OF PROPRIETARY INFORMATION 4.1 Obligations of Confidentiality, Limitations of Use. Ihe Entity shall neither disclose, furnish, sell, resell, transfer, duplicate, reproduce nor disseminate, in whole or in part, the EPDB of the County and its unique design, arrangement or method of arrangement in its electronic form furnished to the Entity to (1) any other person, firm, entity, organization, or subsidiary, except as expressly authorized hereunder; or (2) luiy employee of the Entity who does not need to obtain access thereto in connection with the Entity’s exercise of its rights under this Agreement. The Entity may have and use the EPDB on a corporate-wide basis and shall have the rights to use the EPDB on a limited number of sites, provided the equipment on which the EPDB is maintained supports only equipment operated by the Entity and the EPDB is used only for the conduct of the Entity’s own internal business by Entity employees. All employees having access to the EPDB shall be informed of the requirements contained in Section 4 herein. The Entity shall not otherwise copy or reproduce any EPDB of the County. Under no circumstances may the entity disclose or disseminate any EPDB to any other public or private entity. The obligations of the Entity to protect confidentiality which are established by this Agreement apply to the EPDB itself and not to any graphic representation or products produced by the Entity while using the EPDB. Any authorized consultants, contractors or agents of Entity must properly execute and file a separate EPDB Conditional Use License Agreement with Hennepin County. The Entity expressly agiees to use the County’s EPDB in the ordinary course of its business and all such use shall bear a notice of copyright by Hennepin County. 4.2 Secure Handling. The Entity' shall require that all EPDB be kept in a secure location at 2750 Kelley Parkway, Cr> stal Bay, MN 55323 and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to EPDB protect same against unauthorized use, dissemination or disclosure. Entity agrees it will not knowingly or negligently allow its employees, agents or independent contractors to copy, sell, disclose or otherwise make the EPDB available to others. Entity agrees to immediately notify the County by telephone and in writing if Entity becomes aware of any unauthorized duplication, sale or other disclosure. Entity further agrees to prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the EPDB and taking all steps Entity takes to protect information, data or other tangible and intangible property of its own that Entity regards as proprietary, confidential or nonpublic. Except for off-site backup, the Entity shall not remove or cause or allow to be removed from the Entity’s place of business or the place of business of any EPDB or any copy thereof without the prior wTitten consent of the County, which consent shall not be unreasonably withheld. 4 3 Assistance of the Entity. At the request of the County and expense of the Entity, the Entity shall use good faith and reasonable efforts to assist the County in identifying any 4.4 use, copying, or disclosure of any EPDB by any current or former Entitv* personnel -- or anyone else who may have come in possession of said EPDB while the same was in the Entity’s possession — in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary use may have occurred. Survival of Confidentialit}' Obligations. The Entity’s obligations respecting confidentiality of the EPDB shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any EPDB furnished by the Count}-. In addition, the County shall remain entitled to enforce its copyright and propriety interests in all EPDB. Section 5 TERM, TERi\nNATION 5.1 The Entity and the COUNTY agree that this Agreement is in effect during the period commencing January 1, 1999 and terminating December 31, 1999. This Agreement shall commence from the date hereof, unless sooner terminated by either party with cause upon thjee (3) calendar days ’ written notice to the other. The expiration or termination of this Agreement shall automatically and without further action by the Count}- terminate and extinguish the license. In the event of any such expiration or temination, the County shall have the right to take immediate possession of said EPDB, and all copies thereof wherever located, and without demand or notice. Within five (5) days after expiration or termination of this Agreement, the Entity shall return the EPDB and all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. 5.1.1 It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or eillowed by law, equity or statute. 5.1.2 The County ’s failure to insist upon strict performance of any covenant, agreement or stipulation of the Agreement, or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of such covenant, agreement, stipulation or right. Section 6 INJUNCTIVE RELIEF 6.1 The Entity acknowledges and agrees that unauthorized disclosure or use of the EPDB or any part thereof could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, the Entity agrees that the County may seek and obtain against the Entity and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. 7.2 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.3 Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of .Minnesota. 7.4 Entire Agreement. This License Agreement constitutes the entire Agreement between the parties, and there are no understandings or agreements relative hereto other than those that are e.xpressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5. No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE EPDB ON AN “AS IS” BASIS, WITHOUT ANT SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANT EXPRESS OR IMPLIED 7.7 7.8 WARRANTIES, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY ANT) COMPLETENESS OF THE EPDB. THE COUNTY’S SOLE LIABILITY AND THE ENTITY’S EXCLUSIVE REMEDY FOR ANT SUBSTANTI.AL DEFECT WHICH IMPAIRS THE USE OF THE EPDB FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERNHNATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE EPDB ARE ERROR FREE. THE EPDB WERE DEVELOPED FOR THE COUNTY’S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE EPDB CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE EPDB. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or lost of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the Entity agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. The parties’ respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one partj' may have for the other party’s failure to fulfill its obligations under this Agreement. Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To the Entity:City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 To Hennepin County: Copy to: Copy to: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Robert L. Hanson Hennepin County Chief Information Officer A-1900 Government Center (190) Minneapolis, MN 55487-0190 Patrick H. O’Connor Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 7.9 Whereas Clauses. The matters set forth in the “Whereas” clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the Entity under Sections 3,4, 5,6,7.6, and 7.7 hereof and the obligations and warranties of the Entity and the County which by their sense and context are intended to survive the performance thereof by the Entity and the County, shall so survive the completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this License Agreement on behalf of Entity represent that they are duly authorized to execute this License Agreement on behalf of Entity and represent and warrant that this License Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. COUNTY ADME^STRATOR APPROVAL ENTITY, having signed this agreement, and the County having duly approved this agreement on the day of Oetin 19?^, and pursuant to such approval, the proper • t ^County officials having signed^s'contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form andjBxecution iSistant/C7b Date: COUNTY OF HENNEPIN STATE jDF MINNESOTA )u^/County Admini:Assistant/Deputy/County Administrator CITY OF ORONO City Clerk / NJaMger Forml (10/98)8 COUNCIL MEETING REQUEST FOR COUNCIL ACTION NOV Q 1999 ,1999 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Payment, North Femdale Road Project We have reviewed the invoice and supporting documentation submitted by the City of Plymouth and recommend payment. Per the agreement between the two Cities this invoice is for half of the project costs incurred to date. Initial State Aid funding for this project was received after the contract was awarded, so there are funds available for payment of this invoice. The remaining State Aid reimbursement will be received after final completion of the project. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment, North Femdale Road Project to the City of Plymoutli in the amount of $557,514.71 CITYOfPlyMOUT^+i • » T he City of Plymouth 3400 Plymouth Blvd., Plymouth. MN 55447 • Telephone (612) 509-5000 • Fax (612) 509-5C50 INVOICE BILL TO; CITY OF ORONO ATTENTION: RICK MOORSE P 0 BOX 66 CRYSTAL BAY MN 55323-0066 CONTACT: INVOICE NO: INVOICE DATE: DUE DATE: CUSTOMER NO: _____L..^CESCRIPJIQ FERNDALE ROAD CONSTRUCTION THRU AUGUST 23, 1999 PROJECT COST TO DATE BUILDING RENTAL PERMIT FEES ADVERTISING FOR BID TESTING (STS CONSULTANTS) ENG SERVICES (BRA CONSULTANTS) 1199902427 10/13/99 10/13/99 02408 AMOgNT,';M?v $451,383.00 $200.00 $149.57 $120.35 $2,838.01 $102,823.78 TOTAL AMOUtlT DUE:;§5S7.514.71 Payment is due upon receipt. Please return this stub with your payment Make checks payable to 'City of Plymouth.' Thank you! Questions? Call 509-5303. .. x;;* CUSTOMER NO: 024&B 1199902427INVOICE NO: :,y. AMOUNT . DUE; yy5y|$557,514.7 :: : .X . . .. s.::... ;trVr-............ L. ??.0« CITY C? ::Y;.!0YTK r-i'-r'A 11*1 ‘j~‘ *1 *1 ' c . > I / f“ ! " • y ■ V'ti ; 'I/-:-.. .-.i. .•V. r. I/U Boncitroo MLM Rcscne 5jA Andcrfik & AsiodMi Cr9-r.ffri4Ar«mc*r.: ■------------------------------------------------------------------------ ------------------------------------------------------ ^ _ 1 Own«r: C.ty of Plvrnou» 3400 Plvmaum Blvd PO aoir69. Plymau m. MN 55447-1-__Cstc: August 2- •yS3_ For otncd. 7/2Q/99 ta 022199 Request No %/ Conya*tcr S M Her.taea ft Scr.s •: 5S0 Quaver Ave Ste 200. PO Bex 59, Jertfar, VN. :?=2=_2 REQUEST FOR PAYMENT FEF.NOAL? ROAD UTILITV 4 STRT. IMPR .SAP152-113-01 4 laf-'TS-Oi BRA *ILE no. 70-9S-303 Plymcu-'l'K P>rpj. Mo. ^Oo7 SUMMARY 1 On’ciral Ccr.fact A.xcuM 2 Char.fia Order - Addition 3 Chad'S* Order - Deduction 4 Rev’asd Contract A.'nc'jnJ ♦ ^ 7 S 9 10 11 1 ■> Vr ;:5 f S S 0 00 Value Completed to Date Materai on nano S T 1.113.2=3 902 “c3.3lr AmountSa-med / /o ^ * Less Ratainage SVs Subtotal Less Amount Paid Previously amount due this request for payment no s s SCS.Tc* Sit/ 1J3.33 5 c 55T.c2s.29/' 611.-50 il3K Recommended for Aporoval by; BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 6 M HENTCES & SONS INC Approved by Owner. CITY OF PLYMOUTH Speci^ed Ccntrac: Ccnplel-sr* Dai*? Sep’.enbeM, '^32 -7" Data e 'jc-iT ♦rr.cK*! i*> ?ROM c::y c? fiymouth No. 1 2 3 4. 5 S 7 S 9 to 11 12 13 U IS 15 17 13 IS 23 ^ • 22 23 2 ‘J 2-' 25 2S S3 30 31 m mm ^3 24 ■5~ 55 ■3T« 33 jS 43 *« 1 0 -* ^2 Si • 1 i5 *•' 4J 4? S'^ • V Item Part 1 - Water Main (Non-Participating) 150 mm DIP. Cl 52. 2.3 m cover in pi. 150 mm gate valve and box 4C0 mm X 150 mm w«tta? OucOIairon flctincs 150 mm mcgalug Ccnnactto existjna 150 mm water mam Salvage and reinstall hydrant and gate valve Imcrovad pipe foundation per 150 mm Incr Mecnanical trench compaction Total Part 1 - Water Main (Ncn-Participanng) Part 2 - Storm Sewer SCO mm RC pipe apron w/irash guard 373 mm RC pioe apron w.nrash guard 600 mm RC pipe apron w/trash guard 920 mm span RC pipe-arch apfcn w/traeh guard 550 mm span RC pipe-arcn sswer, Claee 4A 520 mm span RC pipe-a'ch sewer. Claes 3A 300 mm RC pipe sawer Des 3CC6 Cl V 37S mm RC pipe sev^er Des 30C6 Cl V 450 mm RC pipe server Des 3C02 Cl V 525 mm RC pipe sewer Des 3006 Class III 600 mm RC pipe sev/er Des 3CC6 Class ill Construct catch basin. Des ST-2 Conetruct CBV.H. Des. ST-5 (1200 mm dia) Construct sump CBMH, Des ST-9 (1200 mm dia) Construct sump CBMH, Des. ST-9 (1 =00 mm dia) Construct STMH, Des ST-1 (1200 mm dia) CO“Struct aump STMH. Des ST-10 (1500 ftim dia) Connect lOO mm HD?£ p'pe tc structure Class III randcm riprap Improved pipe roundation per ISO mm incr Total Pa.T 2 - Storm Sewer Part 3 - Street Mobilization ^lear and Grub Remove concrete curb end gw-tter Re.move pips culvert Remove bituminous pavament Sa'.ving fc'tumir.ous pavement Common excavat or! Granular borrow Tspscl barrew (LV) Salvage tapscii (CV) Gaotexnie fatnc. Type V Aggregate base. Class 5. 13 crushed quam/ rozK * street Agg'cgate base. Class 3. iCOVe c'usned quarry fCC'< - scw'< Tycs 41 wearing course mature • S!d«war< T>s« 41 y/2a*:ns ccursf iT'.xtu'a - street Type 31 bitum.flcus t3S« ccurse s turniP.cus drveway restarsten Bturmeus m.ateral fc' tac< coat Modular biccK retaining wal Ccurseflite' eggragate frr wji (Cv; 375 m.-n CM pipe apron »I4 (YiiD)lO. 2T’d? 15:2!'cT. iu-XC.::: .1-^ w • • Unit m EA EA kg EA EA EA m m EA EA EA EA m m m m m m m EA EA EA EA EA EA m3 m LS Tree n m m2 m m3 m3 m3 m3 m2 I m2 L m2 m3 EA Contract Quantity Unit Price Quantity to Date Amount to Date 1 4540* 25 0.5 70 130 137 143 10 S3 120 15 52.6 15050 1.5 16Q50 100 10 68 13500 8 134C0 3000 ^2.1 25C: 3380 0 01 200 d 192C0 1 33 i50c: 18540 10 3=121CC *610 13 0^1403.96 490 37 523 3= 2000 29 2CC0 27 1932 5" 13=0 14.25 ■930 30C0 03 3C0 1 = 9 334 3 2C0 13 334 ? 10 125 19 59 32.6 $1,923 4C 2 505 4 SZ.C24IOO 1 1610 2 $3 220 v3 '.30 3 100 3300 00 16 20 15 $320.00 1 100 1 S100.CO 1 1450 2 S2 30C.C3 19 10 18.4 31S4 00 19 3 32.6 S97 50 $11,059.10 7 690 6 S4.140.C3 3 800 2 St.SOOCO 3 1250 J 32,75: 00 , 1 1515 1 £1.51500 9 126 e d S1.C53.43 100 210 98.2 £20.622 CO 76 56 73 3 S4.272 so 670 60.75 C MIt.S23.264.S5 14 73 19 6 31,430 SO 597 ?7 598.2 $45.051.40 45 90 41.3 30,762.03 7 1027 7 57,iaS.C0 12 1513 to SI 5.150.30 14 1518 14 S21.252.00 2 2110 4 S9.443.00 3 1569 3 35,CG4.Ca 1 1513 1 S1.612C0 •» A 25 25 3700 00 24 64 24 $1 =35.00 200 6.5 646 Sf 4=9 CO St 57.773,93 S22 704 13 524.663.00 S550.00 $933 00 522,575 CO S3*: CO $t:7.2o:co 333.2=: 00 5000 33.ee = :5.:4:.CC $•3" 33: 00 515 34's 76 $• 5,353 Sf 5- Sz2.0^* 2' S i jsr 55-5:": 343 3. 52:: 2- ?ROM CiTY 0? r-LVMOUT ra;;;. 2"'9; r. ;;.;20/so.3::!2i t • • I ^ M No. Item ‘ 51 100 mm p9rforat8d HOPE pipe drain 52 375 mm CS pipe sevver 53 Adjust gate valve box 54 Adjust frame and ring casing 55 100 mm concrete sidejvalk SO Concrete curb and gutter. Design 6518 57 ISO mm concrete drive-.vay pavement 59 Pedestrian curb ramp S3 rieinforcing for cenerete curb ar^d gutter 60. Relocate mailbox 61 Install fence 62 Trafic cont'ol 63 F & I sign panels, Type C 64 Pavement message (left arrow) epoxy 65 lavement message (right arrow) epoxy €8 100 mm solid line whlte>epoxy 67 100 mm double solid fine yellow-epoxy 69 Zebra crosswalk • white eooxy 69 Silt fence, Typn heavy-du^/ 70 Seeding 71 Seed Unit m m EA SA m2 m m2 EA m EA m LS rr2 £A SA m m m2 m hs l<3 Contract Quantity U10 S4 / a 330 3560 S3 12 432 1 80 1 3 4t. 2 50 1370 18 900 1.3 73 Unit Price 23 5 49 123 4:o 23.5 23.35 37 4 150 3 5 75 10 7000 205 130 130 1.54 3.35 33 7.5 1025 7.25 Quantity to Date 1273 4 7 315 67 3375 73 58 12 304 1 0.5 4 Amount to Date S29.2I5 50' S5C3.C0 S2.SC0.QC S7.422.95 $58,621 25 $2.37629 S1,BC0C0 Sl.ceu CO S75.C3 SO CO S3.5CC :c S920 CO 33.C0 30 CO SC CO SC CO so.oc S575.C3 53.30 S3.C0 72 Sodding, type lawn rr2 22520 1.63 S3.C0 73 Mulch material Type i X 5.6 102 S3 00 74 Disk anchoring 1.3 102 SO.OO 75 Commercial FeftiHzer Analysis 20-10-10 '<3 730 C.75 50.03 Total Part 3 • Street 5703.033.46 Part 4 - Landscaping 76 Colcrado Blue Spruce, 2n height 8 & 6 tree 20 205 SC CO m A A A 77 Black Hills Spruce, 2m heignt B & 6 tree 20 205 Su.Cu 78 Autumn Spire Maple 50mm, cat B & B t-et 24 205 S3.ee 79 fJorth Fire Made 50mm. cal. BIB tr9e 24 2C5 SC cc 60 Failgald Ash SOmm, cal B & B tree 24 205 iOCO 61 Alleghany eerviceberry 20rr.m cal. cont A 51 S3.CO 82 Winged Euonymus 30rr.m cal cent.t:se 4 51 iC cc 63 Buffalo Juniper 600rnm spread, cont. • shrub 5'r.rjd 20 36 S3.C0 84 Tranapfant Tree S 103 6 $924C0 Total Part 4 - Landscaping SddiH.CO Total Part 1 -WaterMam (Non-Participaling) Total Part 2 - Storm Sewer Total Part 3 • Street Total Part 4 - Landscaping Total Wcr'< Cempieted To Date S11.029 20 St 87.775.55 S723.C93.4S Sc24.ee 2902.788 5 r I’l ?aOM city of PLYMOUTH ,:.rr^v.-, 'A is.o'i xc, lOir,::; : PROJECT PAYMENT STATUS OWNER CITY OF PLYMOUTH BRA FILE NO. 70-98.303 CONTRACTOR S M HENTGES & SONS INC CHANGE ORDERS Total Change Orders PAYMENT SUMMARY Payment Retalnage Completed 1 04/00/39 06/10/99 252,300 49 13.279.39 265,587.83 2 06/11/99 07/19/99 359.141.94 11 32.181.60 643,632.03 3 07/20/99 08/23/33 246 177.85 45.138.33 902.766.51 Matarfal on Hand Total Payment to Date S657 629.23 One ra! Contract S1.IIS.655 11 Retainaoe Pay No. 3 ^5.128 33 Order* Total Amourit Earned S502 735.61 Revised Contract S1.1ie.955.11 fft%J COUNCIL MEETING NOV 6 WW REQUEST FOR COUNCIL ACTION OHONO DATE: November 8,1999 lTr:MNO.: /3 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Award Contract for Head property Sanitary Sewer Project Favorable bids have been received for this project. The lowest responsible bidder was Minncomm Inc. Mora, Minnesota with a bid of $31,936.00. The total estimated project costs are $52,101 for two residential sewer connections. This cost includes the Minnetonka Beach connection charges. The property owners have signed a "Petition for Local Improvement Form" that waives any assessment appeal rights. This form also contains a provision that requires the owners to file deed covenants that restrict the property to two dwelling units per City Council Resolution No. 4341. A "Sanitary Sewer Connection Letter of Agreement" with the City of Minnetonka Beach is attached. This agreement has already been approved by the City Minnetonka Beach. We are recommending Council approval of this agreement. We are recommending award of the construction contract to Minncomm Inc. COUNCIL ACTION REQUESTED: Motion to approve resolution awarding the contract for the Head Property, 2090 Shoreline Drive, Sanitary Sewer Improvements to Minncomm Inc. Mora Minnesota in the amount of $31,936.00 Motion to approve "Sanitary Sewer Connection Letter of Agreement" with the City of Minnetonka Beach for sanitary sewer service for the Head Property, 2090 Shoreline Drive. A RESOLUTION AWARDING THE CONTRACT FOR THE INSTALLATION OF SANITARY SEWER FOR 2090 SHORELINE DRIVE (HEAD PROPERTY) WHEREAS, pursuant to an advertisement for bids for the installation of sanitary sewer improvements for 2090 Shoreline Drive, bids were received, opened and tabulated according to law; and WHEREAS, it appears that Minncomm, Mora, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1.The Mayor and Clerk are hereby authorized and directed to enter into a construction contract with Minncomm, Mora, Minnesota, in the name of the City of Orono for the installation of sanitary sewer improvements for the 2090 Shoreline Drive property according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $31.936.00. 2.The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Orono City Council at a regular Council meeting held on November 8, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 Mrajk** ^ 11 y fT~Mi A w racsEY 1/^ J Bonestroo I^osene v=5 Anderlik ^ ^ Associates Engineers & Architects September 03, 1999 Honorable Mayor and City Council City of Orono 2750 Kelly Pkv.y PO Box 66 Crystal Bay, MN 55323-0066 Re: City of Orono Head Sewer Service BRA File No. 139-98-806 Honorable Mayor and Cit>- Council: Barntroo. Kottnt. Anderht tnd Assoemet. tre >t tn A frrmtive Aetisn/Ss-Jtl Opportune/ £-: t. er femcipUt: 0«o a Bon«itf30. PS. • Joiepn C Artferti*. Pi • Mjrwin L Sorvjl*, Pt - M.cn«el T. Pauimjna Pt • T.d K.Fl«.d. Pt . Kerr.-J, P. Ar^rion. Pt • * Sidnty P Willijmion. Pi. Li • «e8eft P. Kowt-i • Asne M. Ring . Aii*« R.en Ktvtiidt. Pi Offittt: it. Paul, Roeneittr. Willmar and St. Cloud. .V.*i • Wlwauk**. Wl U'eosite: wwwftonestroo cerfi SEP / err/ o.- ; • opened for the project stated above on September 02, 1999. Transrmtted ,/hid ohulation for vour infomirfion and file. Cop.es vsill also be dismbuted to eachbldder.Bids were copies of the bid tabulation for your There were a total of 2 bids. The follovNing summarizes the results. Contractor Low Minneomm #2 M & P Inc. Bid Amount $31,936.00 $39,095.00 The iow bidder on the project was Minneomm with a base bid of $31^936^0. engineers estimate of $33,000.00. These bids have been rev^ew•ed and ’ recommend that the project be aw arded to Minneomm for the base bid amount of $31,936 JHi $hould you have any questions, please feel free to contact me. My direct dial phone number is (651) 604- 4863 Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Thomas P Kellogg Enclosures TPKtlac • 2335 West Highway 36 - St. Paul, MN SS1I3 • 651-636-4600 ■ Fax: 65I-636-I3I1 1/1 Boncstroo Roscnc Andcrlil<& ^ \ Associates liiQlncm&Aiihlicdi Piolecl N:imc: I load Scwcf Scfvico Pfoiocl No.:File No.; lao-an BOG I hoioby coilify tfial (It/s Is on oxocl fopioiluctlon ol Uils locoh/od Did Opening: Sootcmbcf 02.1990 a( 11:30 am Owner:City o( Ofono jA yAAAf^4 Thomos P. KoH{ noolslrolktn NO. 2691 Didder No, 1 MInneomm Didder No. 2 M & P Inc Unit Price 1 2 3 4 5 6 7 4 “ HOPE. SDR 11, directional boro rHDPE, SDR 11 Connect forcomain to oxislino manhole Romovo existing bituminous sutlaco Dllumlnous street patdi Sodwlth4 ‘lopsolt Erosion control fence LF LF EA SY SY SY LF 1150 1150 1 GO 60 500 300 Total Base Old: Contractor Name and Address Phone Fax Signed Dy: Title Did Security* Did Dond Addenda Acknowtedged $23.20 $3.20 $300.00 $2.75 $5.60 $0.50 $1.75 $20,600.00 $3,660.00 $300.00 $165.00 $336.00 $250.00 $525.00 $31,036.00 MInneomm 1949 Sftady Aacs Ln Mora. MN 55051 Daniel J. Weidner President one Unit Price Total « • n $24.00 $4.50 $600.00 $9.50 $45.00 $3.00 $2.50 $27,600.00 $5,175.00 $800.00 $570.00 $2,700.00 $1,500.00 $750.00 $39,095.00 M & P Inc 2242 Hwy 55 Mamet, MN 55340 (612) 478-6223 (612) 478-9585 Lawrence L. Pribyt Vice President Did Bond one \ favor Mike RInom 'I'rca.uircr K;ilhl Salvog City of Minnetonka Beach 2945 JVeshvood Road Mailing Address: P.O. Box 146 Minnetonka Beach, MN 55361 (612) 471-8878 (612) 471-7416 (fax) Council Members John Urcon James M. Ciasch iMarlin J. Leff Nell E. Malhovs SANITARY SEWER CONNECTION LETTER OF AGREEMENT This letter of agreement is between the City of Minnetonka Beach (herein referred to as Minnetonka Beach), and the City of Orono (herein referred to as Orono). Due to a cost hardship, Orono is requesting sanitary sewer service from Minnetonka Beach for two (2) homes located in Orono to the north and west of the Areola Bridge (referred to as the Head property). The connection will be made to the manhole at the intersection of Beach Lane and County Rd. 15 by boring under the waters of Lake Minnetonka fronvthe properties. Orono would like to have this project completed by JiUv 2000.^p r c C^ € 3$ \f S DrXv't) Orono and the landowners will pay all costs incurred for this project including, but not limited to: • All construction related costs • SAC charges to the Metropolitan Council • Permits from Hennepin County and the DNR • Minnetonka Beach sewer connection fee of $2,177.25 per unit • A S25.00 inspection permit fee • Quarterly Minnetonka Beach sewer fees billed to Orono for each unit • Orono will ow'n and maintain the sewer line from the Beach Lane manhole to the Head property. • Orono accepts responsibility for any emergency clean ups or risk of liability related to this sewer line. Orono will obtain the inspection permit from Minnetonka Beach at the beginning of the project. Minnetonka Beach will bill Orono the sewer connection fees in July of 2000, or at project completion. Sewer fees (currently S48.00/qtr. per household) will be billed to Orono and paid quarterly. APPROVED: City of Minnetonka Beach APPROVED: Gabriel Jabbour City of Orono Date SIGN HERE PETITION FOR LOCAL IMPROVEMENT TO THE CITY COUNCIL OF ORONO, MINTSESOTA; The undersigned property owner of 2090 Shoreline Drive, Orono Minnesota hereby petitions that construction of a sanitary' sewer extension from the City of Minnetonka Beach utility system underneath the Lake Minnetonka Areola charmel to the owners property, (the '‘improvements") be undertaken by the City of Orono pursuant to Minnesota Statutes Chapter 429 as follows: Subject to the following conditions: 1. 2. Total Costs of Project to be Assessed to Petitioner. In consideration of the action of the City Council authorizing the construction of the improvements, petitioner hereby agrees to be assessed the actual costs of the improvements not to exceed $52,101.00. C FtAr/.y Special Assessments Installments: Interest The cost of the improvement shall be paid by the petitioner to the City as a special assessment levied against petitioner’s benefitted parcels over a period of fifteen (15) years, with interest on the unpaid balance at an annual percentage rate of 6.25%. «*> J.Wavier bv Petitioner. Petitioner agrees to waive, and hereby does w'aive, any and all rights to appeal the special assessments, with regard to any procedural or substantive rights, rights to a public hearing, rights to any notices under Minnesota Chapter 429 or any ordinances of the City, and the constitutions or laws of the State of Minnesota of the United States. 4.Deed Covenants on Property Per City Council Resolution No. 4341, approved on August 23, 1999 the property owners hereby agree to place deed covenants on the property. These deed covenants shall be in a form acceptable to the City .Attorney, pro\ iding that there will no more than two dwelling units on the property, and no more than two buildable lots on the property. 5.Successor and Assigns. The terms and provisions of the petition shall be binding on, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto, and shall be binding on all future owners of all or any part of the petitioner's respective properties and shall be deemed covenants running with the land and shall be enforceable by the City against the petitioner, it's heirs and assigns. PRO^TY Q'fmER , /7l. Simatur^ M Vcuc, ^__^'( . H dd dfPrint Name Signature Print Name STATE OF MINNESOTA COUNTY OF HENNEPIN The forgoing instrument was acknow ledged before me this ^ day of 1999, by VvA^^^and Sa\^\A ________, who executed this Agreement and acknowledge that they executed the same. ■ nrA.6AppA irMuIMIIOOUMV IlirODmnissinGviniii : v*ir;s NOV 8 OP OHONO REQUEST FOR COUNCIL ACTION DATE: Noven‘.!''ir 8,1999 ITEM NO N Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Policy for Deferred Connection to Sanitary Sewer We have received a request for deferment of connection to sanitary* sewer from a property owner with a compliant septic system. This property is 1235 Lyman Avenue in the Orono Orchards Sanitary Sewer project. This property has been included in the project assessment because the owner wants to begin paying for the sewer now. The owner has requested a deferment beyond the normal 16 month deadline for connection to sewer after project completion. Several years ago, the City adopted a policy of allowing pniperties with compliant septic systems to request exclusion from sewer projects. This exclusion is valid as long the existing septic system remains compliant to all regulatio ns. The property owner is not assessed for the project, and the City covers the cost of debt service until the sewer connection fee is collected. Any siniation that involves repairs, other than minor maintenance, or enlargement of the system requires immediate connection to sanitary sewer. Payment of a sewer connection fee is then required before sewer hookup is completed. The property owner, at 1235 Lyman Avenue, did not request exclusion from the project and is being assessed for project costs. We are recommending approval of a deferment for sewer hookup, with the same conditions that apply to properties that have been approved for exclusion from sewer project assessments. This seems to a fair and equitable policy as this property does have a conforming septic system. Having this property included in the assessment is an advantage to the City because it eliminates the City’s cost of debt service for this property. COUNCIL ACTION REQUESTED: Motion to approve a deferred connection to sanitary sewer for 1235 Lyman Avenue as long as the existing septic system remains conforming to all requirements. Any siti^ation that involves repairs, other than minor maintenance, or enlargement of the system will require immediate connection to sanitary sewer.1 COflMriL MBETINQ REQUEST FOR COUNCIL ACTION ft Cl IY OHONO DATE: November 8,1 ITEM NO.:/5^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer’s Report Item Description: St. Edward's Church Sanitary Sewer and Water Service An agreement between the Cities of Orono and Plymouth for the provision of sanitary sewer and water service to St. Edward's Church is attached. This agreement has been approved by the Plymouth City Council. This agreement is similar to the agreements that Plymouth has with other neighbonr.c cities. Per this agreement St. Edward's Church will be billed directly from the City of Plymovtii for sewer and water service. We are recommending Council approval of this agreement. St. Edward's Church has requested to be assessed for Orono's costs for this project. The Church has been billed for the construction and engineering costs to extend the sanitary sewer and watermain from the Plymouth systems across North Femdale Road to the their property line. These costs are $13,993. They have signed an assessment waiver agreeing to be assessed for these costs over a five year period at a 6.5% interest rate. The City of Plymouth will be assessing their connection charges to the Church over a five period at 8% interest. These costs are approximately $31,000 for five SAC units. The Church will pay the MCES charge for five SAC units directly to Orono. We are recommending approval of the attached assessment roll for St. Edward's Church. COUNCIl, ACTION REQUESTED: Motion to approve "Agreement for Joint Usage of Sanitary Sewer and Water Facilities Cities of Orono and Plymouth" for St. Edward's Church, 865 Ferndale Road North. Motion to approve resolution adopting the assessment roll for St. Edward's Church Sanitary Sewer and Water Service. AGREEMENT FOR JOINT USAGE OF SANITARY SEWER AND WATER FACILITIES CITIES OF ORONO AND PLYMOUTH THIS AGREEMENT made and entered into this day of . 1999, by and between the City of Orono, a Minnesota municipal corporation (hereinafter referred to as "Orono") and the City of Plymouth, a Municipal corporal .)ii of the state of Minnesota (hereinafter referred to as "Plymouth") WHEREAS, Plymouth has constructed sewer and water facilities to serve residents in Plymouth, and it appears to the respective parties hereto that it is reasonable and feasible and in the public interest for Plymouth to provide for sewer and water facilities to certain properties in Orono as the needs and convenience may require; and WHEREAS, the St. Edwards The Confessor Episcopal Church of Orono, (hereinafter referred to as “Church”) owns property which shares a common boundary with the City of Plymouth; and WHEREAS, the Church desires to connect to the sanitary sewer a.id water facilities which have been constructed by the City of Plymouth. NOW THEREFORE, pursuant to Minnesota Statutes .-Section 471.59 and in the joint e.xercisc of their respective common powers to construct and maintain sanitary sewer and water facilities, it is hereby agreed, as follows: N 'pw^£A9iMcnAg'C£N£R.\L\AGRL£MTS\lointt*MfC_S4W.Orono ifc>c 1. The City Councils of both municipalities hereby approve connections to Plymouth’s sewer and water systems by the Church parcel (PIN 25-118-23-44-0002) which is located within the corporate limits of the City of Orono. 2. The Church shall make payment to the City of Plymouth for furnishing such connections, the initial payment equal to the amount assessed against like properties in Plymouth for the construction of the water and sewer facilities, plus hookup fees, permits, meters, and unit charges, customarily levied. A determination of charges imposed is set forth in Exhibit “A” which is attached hereto and is incorporated herein as if fully set forth at this point. By making such payment, the Church agrees to comply with Plymouth’s revenant ordinances, laws, rules and regulations with regard to its sewer and water system, including the sump pump inspection program. Payment can be made separately for sewer and water if the church determines that they will receive the service at d’Terent times. Also, the church can agree to be asses:>cd by Plymouth for sewer area, water area and water lateral over a five year period at 8% interest. 3. The Church for receiving such service, shall pay to Plymouth for furnishing such service, a sum equivalent to the standard service charge imposed by Plymouth for furnishing such services to residents of Plymouth for any and all periodic sewer and water charges for the property receiving such services. 4. A permit for connection to sewer and water services shall not be issued by • Orono until Plymouth has issued its permit. 5. Sewer and water connection permits shall not be issued by Orono until advised in writing by Plymouth that Plymouth has completed all necessary arrangements for the collection of periodic sewer and water charges and other administrative details. N 'pi* £nginc«.n|'GENtllAL\AGR£EMTS'JoimL'Mge_SAW_Oro«o doc 6. The connections to the sanitary sewer and water facilities furnished, will be in accordance with the specifications and requirements of Plymouth. Inspections of the sewer and water connections may be made by Plymouth. 7. The sanitary sewer and water facilities of Plymouth which are utilized by Orono under this agreement shall remain the sole and exclusive property of Plymouth. 8. Orono agrees to permit no usage of said sanitary sewer facilities which is prohibited by ordinance or otherwise by the City of Plymouth, and further agrees to take all steps necessary to obtain compliance with all relevant ordinances, laws, rules and regulations of Plymouth with regard to its sewer and water system. 9. It is understood and agreed that no rain water from roofs, yards, lawns, driveways or parking lots will be admitted into the sanitary sewers of Plymouth and that said sewers are to be constructed as nearly impervious to ground water as is practicable. All sump pumps shall have discharge permanently piped to outside the building to prevent ground water from be ”g added to its sanitary sewer. It is understood that any prolonged . J intentional violation of this clause may be sufficient cause for a petition to a court of appropriate jurisdiction for cancellation of this contract. 10. Orono or the Church shall maintain the water service line from the Plymouth watermain to the building and the sanitary sewer service from the Plymouth main to the building in the manner required of similar properties in Orono. 11. Orono shall be responsible to collect any sewer availability charge (SAC) fee due the Metropolitan Environmental Services for use of the Metropolitan Sewer System from the Church and remit the payment to them. 12. Orono shall nc, approve any expansion, additions or remodeling ef the Church or issue any permits if the revisions will increase flow to the sewer or demand additional water without the approval of Plymouth. If a request is made for approval of additional sewer N 'pw^Engificetifif'GENXRAl.^ACRXti.MrVJinintL'tage.SAW Oroiio Ax and water usage as a result of revisions, Plymouth will evaluate its utility systems to supply such flows and determine any additional payments due Plymouth for the flow. 13. Orono hereby agrees and covenants to hold the City of Plymouth harmless from any and all liability to third persons which may result from the work performed under this agreement and further to restore any damage to street, water, or sewer facilities of Plymouth, occasioned by work performed under this agreement. IN WITNESS WHEREOF, the undersigned Mayors and Administrator/Manager of the City of Orono and the City of Plymouth have hereunto set their hands pursuant to authority granted them by the Councils of the respective municipalities. CITY OF ORONO By: Council Approval:Mayor Gabriel Jabbour , 1999 By: Ronald Moorse, City Administrator CITY OF PLYMOUTH By: Council Approval:Mayor Joy Tierney . 1999 By: D'vight D. Johnson, City Manager N ^pw'£n•illMnflg'GENERAL^AGIU:EMrSUoimt‘M|•.SAW_OroM doc i EXHIBIT “A" Sewer and water for St. Edwards the Confessor Episcopal Church of Orono 865 N. Femdale Road; PIN 25-118-23-44-0002 Area of parcel: 4.33 acres less 0.13 acres wetland = 4.20 acres Frontage along Femdale Road: 330 ft. WATER Water area: 4.20 acres x $1,580/ac. Water connection (REC): 7 Units x $630/unit Water lateral: 330 feet x $22.00/ft. Water permit fee: Water meter: Fire sprinkler system: % Domestic water system: 2”^*' Irrigation system: 1V4 TOTAL WATER $6,636.00 8,820 7,260.00 35.50 127.00 1,523.00 374.00 $24,775.50 SEWER Sewer area: 4.20 acres x $880/ac. Sewer cormection (REC): 7*** Units x $370/unit Sewer permit fee: TOTAL SEWER $3,696.00 2,590.00 35.50 $ 6,321.50 TOTAL WATER & SEWER $ 31,097.00 N(5TE: If only sewer is connected, will need to purchase and install water meter on private well to determine sewer usage. Estimated units or size of meter. Final amount to be determined by SAC determination letter dated September 17, 1999 (1.39 x 5 SAC = 7 REC) and size of meter determined by plumber. 0 ‘pw'f ngineenr»f‘CENERAL’ACR£EMTSVIoi«t*Uft.SJlW_Ofoao Joe REQUEST FOR COUNCIL ACTION C ,tl ft C DATE: August 9, 1999 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for City Water St. Edward's Church, 865 North Femdale Road The Council recentl} approved the connection of St. Edward's Church to the Plymouth sanitary sewer system with the church to be billed for sewer service from the City of Plymouth. The Church has also requested approval for connection to the Plymouth water system. This is okay with Plymouth, if the Church receives approval from Orono for this connection. The billing arrangement would be the same as for sewer, with Plymouth billing the church directly for water service. St. Edward's 'vould like a connection to City water to provide adequate water pressure and flow for the in>i,ulatlon of a fire sprinkler system. With the Ferndale Road reconstruction project both sanitary sewer and watermain were installed under Ferndale Road to the Church's property line. Our staff recommendation is that this is a reasonable request and will improve public safety by allowing the Church to install a fire sprinkler system. We are recommending that the Council approve the request from St. Edward's Church to connect to the City of Plymouth water system with the church to billed for water service from the City of Plymouth. COUNCIL ACTION REQUESTED: Approval of request from St. Edward's Church, 865 North Ferndale Road, to connect to the City of Plymouth water system. APPROVED BY ORONO CITY COUNCIL, 5*0 VOTE ON AUGUST 9, 1999 (0, GREGOW^. GAPPA, DIRECTOR OF PUBLIC SERVICES COPY; PEGGY LARSON. ST. TOWARD S CHURCH FRED MOORE P.E., DIRECTOR OF PUBLIC WORKS, CITY OF PLYMOUTH 1 9-0 L-IM1 REQUEST FOR COUNCIL ACTION C • t“ t ^ O w* A c DATE: February 22, 1999 ITEM NO.: [5^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Administrator's Report Item Description: Request for Sewer St. Edwards Church, 865 North Femdale Road We have received a written request from St. Edward's Church on North Femdale Road to connect to the City of Plymouth sanitary sewer system. The church has a noncompliant septic system. The system is noncompliant because of the high water table. The available area on the lot for a new system is limited, and Steve Weckman has suggested that the very high water table will make the • installation of a replacement septic system difficult. The church is in the two acre rural residential zone and is outside the Orono MUSA. The closest MUSA area is the Chevy Chase neighborhood to south along North Femdale Road. The City of Plymouth MUSA is directly across North Femdale Road form the church property. In the recent MUSA expansions for the ten neighborhoods, the Metropolitan Council granted the City fifty sewer units that could be used for future connections of existing developed properties that are adjacent to existing sewer lines. Four of these connection units were used to connect existing homes, along North Brown Road, with noncompliant septic systems to the Long Lake Country Club sewer project. These homes are on smaller lots with limited possibilities for replacement septic systems. The Council recently authorized the connection of the Woodlands Group home to City sewer because of problems with septic system operation caused by the unique characteristics of the group home. The Council also authorized connection to sewer for Trinity Lutheran Church together with the Woodlands group home connection. Septic systems for nonresidential uses, such as churches, can be problematic because of the widely varying wastewater flows. Septic systems function better with uniform flow conditions. There are only several existing nonresidential uses in the rural areas outside the MUSA line that may require sewer. Besides Trinity Lutheran and St. Edward's Church, the only other church CIOS'" to existing sewer is the New Life Chuich on Leaf Street. Pro'. idu.g iewer to these nonresidential facilities should not greatly affect the City's comprehensive sewer policy. The staff recommendation is that St. Edward’s Church be allowed to connect to the City of Plymouth sewer system. This recommendation is based on the fact that this is an existing nonresidential use with a noncompliant septic system that has limited options for installation of a replacement septic system. The sewer service connection under North Femdale Road should be installed inside a casing pipe for future repair and maintenance without disturbing the road. At a minimum, the casing pipe should be installed with this summers road reconstruction project and all costs charged back to the church. If possible, it would be desirable to complete the entire service installation this summer. We are also recommending that the church be billed directly by the City of Plymouth for their sewer service. If the Council approves the connection to sewer, all conditions of the connection will need to be listed in an agreement between the City of Orono, the City of Plymouth, and St. Edward's church COUNCIL ACTION REQUESTED: Consideration of request from St. Edwards Church, 865 North Ferndale Road, to connect to the City of Plymouth sanitary sewer system. •4 K • trw ,-TTfM," I/. A RESOLUTION ADOPTING THE ST. EDWARDS CHURCH SANITARY SEWER AND WATER SERVICE ASSESSMENT ROLL WHEREAS, the properly owner has signed a petition for a local improvement requesting completion of an assessment project for sanitary sewer and water service improvements. 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall contribute the special assessment against the land named therein, and each tract of land therein includes is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 2000 and shall bear interest at the rate of 6.5% per annum form the date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of this resolution until December 31, 1999. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at anytime thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged though December 31 of the next succeeding year. Partial payment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of2 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Orono this 8th day of November, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of2 Assessment 25<Oclob«r>99 Municipality: ORONO Total Project Assessment: $13,993.00 Municipal Code: 38 Project Number: 99-3 Levy Description: St. Edwards Church Sanitary Sewer and Watermain Interest Rate: 6.5% Number of Years Payable: 5 PlDtl Addition Code Total Principal Lot Block Name Street Property Address # Mailing Street Address Mailing City Address 25-118-23 44 0002 13,993.00 St. Edwards Episcopal Church 865 Femdate Road North 865 Femdale Road North Wayzata, MN 55391 1 $13,993.00 Page I COUNCIL MEET1NQ NOV ft 1999. REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: November 8.19W ITEM NO.: / (^? Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Sanitary Sewer Lift Stations West Femdale Road & TH 12 An Engineer's Report has been completed for the replacement and rehabilitation of the West Ferndale Road sewer system lift stations and construction of the TH 12 bypass lift station. The completion of these projects under one construction contract is scheduled for next year. West Ferndale Road System This system consists of five grinder pump lift stations that were originally installed in 1981. We have experienced emergency repairs, as these steel canister lift stations are severely rusted because of aggressive soils and high water table conditions. There are also capacity problems in the system caused by deposits in the forcemain. The forcemain will be cleaned as part of this project. The four steel canister lift stations will be replaced with fiberglass or polyethylene lift stations. The one larger concrete lift station will be rehabilitated with pump and control system replacement. The sewer capital improvement budget contained $90,000 in 1999, and $90,000 in 2000 for this project. The estimated cost for rehabilitation of the entire system is $230,000. Highway 12 Bypass Lift Station This lift station is required to provide additional sewer capacity to serve the new Orono Middle School and other development in this area. During peak flow conditions, this station will pump excess flow into the Maple Plain interceptor sewer. This station will be located in the northeast comer of the Washington Scientific Industries parking lot which will require an easement. We are recommending that this lift station be included in one project along with the West Ferndale Road lift stations. The proposed schedule is for bidding of this project this winter with construction next spring. Project completion is scheduled for July 1st for the TH 12 bypass lift station, and September 30th for the West Femdale Road lift stations. The estimated cost for completion of this project is $135,III! We are requesting Council authorization to complete puparation of plans and specifications and bid advertising for this project. The bids will then be brought to the Council for awarding of the contract for this project. 'I ■ I f IK. COUNCn. ACTION REQUESTED: Motion to authorize preparation of plans and specifications and advertisement for bids for the replacement and rehabilitation of the West Femdale Road sewer system lift stations and construction of the TH 12 bypass lift station. ^ i Bonestroo Rosene vv Andcrlik & Associates Engineers & Architects Sonestroo. Rosene. Andcrhk jnj AssociMes. Inc ts an Afftrm,ttive Action Equ.ii Opportunity Employer P*incipAi\ Otto G Bonestroo. PE • Joseph C Anderlik. PE • Marvin L Sorvaia. PE • Gienn R Cook. PE • Robert G Sc^unicht PE • Jerry A Boi.'don, PE • Robert W Rosene, PE Richard E Turner PE and Susan VI Eberlm. C PA. Senior Consultants Associate Pnncipr9is Howard A Sanford. PE • Keith A Gordon. PE • Robert R Pfefferie. PE • Richard W Foster. PE • David O Los^ota. PE • Robert C Russek. A l A • Mark A. Hanson. PE • Michael T Raurmann. PE • Ted K Field, PE • Kenneth P Anderson. PE • Mark R Rolfs. PE. • Sidney P Williamson. PE, L S • Robert F Kotsmith • Agnes M Ring • Allan Pick Schmidt. PE. Offices St Paul. Rochester. Willmar and St Cloud MN • Milwaukee. Wl U'ebJife vs .vw bonestroo com November 2,1999 .Mr. Greg Gappa, P.E. City of Orono PO Bo,x 66 2750 Kelly Parkway Crystal Bay, MN 55323-0066 Re: 1999 / 2000 Lift Station Projects; Summary Letter BRA File No. 139-99-107 Dear Greg: Transmitted herewith is the Engineer’s Report for the 1999 / 2000 Lift Station Projects. The lift station projects consist of: • The proposed Highway 12 Bypass Lift Station which is necessary to provide capacity for the Orono Middle School. • The rehabilitation of Lift Stations 1 through 5, located in the Femdale Road West / Highway 15 area. It is our understanding that existing funds will be used for these projects and that no assessments are planned. It is proposed that the lift station work be completed under one construction contract in order to generate greater contractor interest and to obtain competitive prices. A summary of each project is presented below. Highway 12 Bypass Lift Station The existing gravity sewer in this area is operating at maximum capacity during peak flow conditions. A relief system is needed to serve the Orono Middle School, which is scheduled to open in the Summer / Fall of 2000, To obtain adequate capacity, a 200 gallon per minute lift station is proposed near Washington Scientific on the south side of Highway 12. The lift station would operate on an as-needed basis and pump from the gravity sewer into the Maple Plain Interceptor Forcemain. 2335 West Highway 36 - St. Paul, MN 55113 • 651*636*4600 - Fax: 651*636*1311 This project is scheduled to be completed by July 1,2000. An easement will be required for the lift station. The project cost is estimated at $135,000, not including easement costs. This lift station will no longer be necessary after sanitary sewer improvements are completed in conjunction with the Highway 12 realignment project. This work is scheduled for 2006. Femdale Area Lift Stations Three of the five lift stations in this area have required emergency repairs due to rust-through. The lift stations generate frequent high level alarms due to reduced pumping capacities. The scope of proposed work is as follows: • Cleaning, sealing, and minor modifications to the e.xisting forcemain and gravity sewer system. • Rehabilitation of Lift Station No. 1. • Complete replacement of Lift Stations 2 through 5. This project should be completed during the 2000 construction season. A September 30,2000 completion date is projected. Easements would be required for Lift Stations 2 through 5. The project cost is estimated at $230,000, not including easement costs. Recommendations At this time, the City should order easement preparation and project design. The projects should be scheduled for construction in 2000. A total budget of $365,000, not including easement costs, should be established. We are available to discuss this project at any mutually convenient time. Please feel free to call with any questions you may have. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. John R. Hemming I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly certified Registered Engineer under the laws of the State of Minnesota. yw-. R. Hemming, P.E. Date: November 2. 1999 Reg. No. 24414 K:\ /J9i U999 ! O7\wor^rtp0rts\tener reportdoc CITY OF ORONO 1999 / 2000 Lift Station Projects BRA File No. 139-99-107 TABLE OF CONTENTS SUMMARY LETTER..............................................................................................................i INTRODUCTION......................................................................................................................2 H ighway 12 Bypass Lift Station ..........................................................................................2 Ferndale A rea Lift Stations ...............................................................................................2 INFLOW AND INFILTRATION - FERNDALE AREA..........................................................3 FLOW CONDITIONS AND PROPOSED HYDRAULIC IMPROVEMENTS - FERNDALE AREA.........................................................................................................................................3 LIFT STATION STRUCTURES..............................................................................................5 ELECTRICAL IMPROVEMENTS.........................................................................................5 CONSTRUCTION SEQUENCING - FERNDALE AREA.......................................................5 APPROVALS / PERMITS........................................................................................................5 EASEMENTS............................................................................................................................6 PROJECT SCHEDULE............................................................................................................6 PROJECT COSTS.....................................................................................................................7 RECOMMENDATIONS AND CONCLUSION........................................................................8 DRAWINGS Location Map Highway 12 Bypass Lift Station Site Map Ferndale Area Site Map Introduction This report addresses the proposed Highway 12 Bypass Lift Station and the rehabilitation of the Femdale area lift stations. It is proposed that the lift stations be bid as one construction project in order to generate greater contractor interest and to obtain competitive prices. Highway 12 Bypass Lift Station The existing sanitary sewer collection system in this area is at capacity. Improvements are required to serve the Orono Middle School which is expected to be operational by July 1, 2000. The sanitary sewer system is schedule to be upgraded in 2006 in conjunction with the Highway 12 realignment project. The bypass lift station would provide relief to the gravity sewer by pumping flow in excess of the gravity sewer capacity directly into the Maple Plain Interceptor Forcemain. The proposed location is near Washington Scientific on the south side of Highway 12 as shown on the attached location and site maps. It is estimated that a pumping capacity of 200 gallons per minute (gpm) is required to provide adequate relief to the gravity sewer. After permanent sanitary sewer improvements are constructed at a future date, the bypass lift station would no longer be required and could be removed or abandoned in-place. Femdale Area Lift Stations Lift Stations 1 through 5 are located in the Femdale Road West / Highway 15 area as shown on the attached location and site maps. The lift stations in this area that date to 1980. The system layout and lift station constmction represent the lowest initial cost facilities that were evaluated at that time. Lift Station No. 1 is a concrete duplex grinder pump station. Lift Station No. 1 is in need of minor repairs to the concrete structure, and mechanical / electrical rehabilitation. Lift Station No. 1 pumps through a short 4-inch forcemain connected to the Highway 15 Interceptor Forcemain. Lift Stations 2 through 5 are “steel can” duplex grinder pump stations, which were protected by epoxy coatings and cathodic protection systems. The epoxy coatings and cathodic protection have failed due to age, and the organic soils in this area may have accelerated the deterioration of these structures. Lift Stations 2, 3, and 4 have required emergency repairs due to mst-through. Through the 1990’s, there has been a history of operational problems with Lift Stations 2,3, and 4. In the spring, the lift stations run near continuously and produce frequent high level alarms. There is significant inflow and infiltration of groundwater into the sewer system. Lift Stations 2, 3, and 4 pump through a common 2-inch forcemain to a gravity sewer which flows to Lift Station No. 1. Significant encrustation and deposits are present in the 2-inch forcemain. The 2-inch forcemain cannot be cleaned with the City’s conventional sewer cleaning equipment due to its small diameter and due to bends in the forcemain. Lift Station 5 pumps through a short 2-inch forcemain to a Wayzata gravity line. The 2-inch forcemain is heavy wall high density polyethylene and is believed to be in generally sound condition, but in need of cleaning. There is approximately 2,000 feet of 2-inch forcemain in this area. This area has poor soils and high groundwater, which complicates construction involving deep excavations. The gravity sewers in this area were televised in 1999 and are in generally sound condition. Lift Stations 2,3, and 4 are in need of complete replacement. Since Lift Station 5 is of the same age and construction, replacement of Lift Station 5 should be considered. Inflow and Infiltration (I & I) - Ferndale Area The February 1999 sewer televising in this area shows two residential ser\ ices on Ferndale Road West that appear to be contributing significant I & I. Field observations at Lift Station No. 3 show a third residential service that appears to be contributing significant I & I. Observations in July 1999 at Lift Station No. 2 confirmed that there is a significant, steady stream of clear water firom the gravity sewer entering the lift station. During the spring and early summer, the lift stations in this area run near continuously due to increased I & I, and high level alarms in Lift Station No. 2 are almost constant. This problem is aggravated by deposits in the 2-inch forcemain which lower the lift station pumping rates. There is also minor infiltration directly into Lift Station No. 1. Flow Conditions and Proposed Hydraulic Improvements - Ferndale Area With minor forcemain improvements, the existing 2-inch forcemain is adequate to serve this area in conjunction with the proposed lift station improvements. The proposed improvements will be able to accommodate some amount of Inflow and Infiltration. It should be noted that despite the alarm history in this area, sewer back-ups have not been a problem. This is attributable to basement elevations being significantly above lift station elevations in most cases. There are approximately ten residential service connections tributary to Lift Station No. 2. Typically, peak sanitary flow rates correspond to 1 gpm per residential service connection, for larger service areas. In the Ferndale area, this would result in an estimated peak flow of 10 gpm. Due to the small system size, the peaking factor will be higher than for a large system. Items such as private water treatment facilities and draining of hot tubs may also contribute to higher peak flows. The most conservative approach would be to assume that all 10 service connections are contributing significant flow at the same time. Based on a “fixture unit curve”, this would result in a flow of 45 K:\I}9M3999107\word\repcrts\Uner reportdoc 3 2-inch forcemain cannot be cleaned with the City’s conventional sewer cleaning equipment due to its small diameter and due to bends in the forcemain. Lift Station 5 pumps through a short 2-inch forcemain to a Wayzata gravity line. The 2-inch forcemain is heavy wall high density polyethylene and is believed to be in generally sound condition, but in need of cleaning. There is approximately 2,000 feet of 2-i»“ch forcemain in this area. This area has poor soils and high groundwater, which complicates construction involving deep excavations. The gravity sewers in this area were televised in 1999 and are in generally sound condition. Lift Stations 2,3, and 4 are in need of complete replacement. Since Lift Station 5 is of the same age and construction, replacement of Lift Station 5 should be considered. Inflow and Infiltration (I & I) - Ferndale Area The February 1999 sewer televising in this area shows two residential ser\ ices on Ferndale Road West that appear to be contributing significant I & I. Field observations at Lift Station No. 3 show a third residential service that appears to be contributing significant I & I. Observations in July 1999 at Lift Station No. 2 confirmed that there is a significant, steady stream of clear water from the gravity sewer entering the lift station. During the spring and early summer, the lift stations in this area run near continuously due to increased I & I, and high level alarms in Lift Station No. 2 are almost constant. This problem is aggravated by deposits in the 2-inch forcemain which lower the lift station pumping rates. There is also minor infiltration directly into Lift Station No. 1. Flow Conditions and Proposed Hydraulic Improvements - Ferndale Area With minor forcemain improvements, the existing 2-inch forcemain is adequate to serve this area in conjunction with the proposed lift station improvements. The proposed improvements will be able to accommodate some amount of Inflow and Infiltration. It should be noted that despite the alarm history in this area, sewer back-ups have not been a problem. This is attributable to basement elevations being significantly above lift station elevations in most cases. There are approximately ten residential service connections tributary to Lift Station No. 2. Typically, peak sanitary flow rates correspond to 1 gpm per residential service connection, for larger service areas. In the Ferndale area, this would result in an estimated peak flow of 10 gpm. Due to the small system size, the peaking factor will be higher than for a large system. Items such as private water treatment facilities and draining of hot tubs may also contribute to higher peak flows. The most conservative approach would be to assume that all 10 service connections are contributing significant flow at the same time. Based on a “fixture unit curve”, this would result in a flow of 45 K:\/i3999l07\wortf\repcrt3\!etier nportdoc 3 2-inch forcemain cannot be cleaned with the City’s conventional sewer cleaning equipment due to its small diameter and due to bends in the forcemain. Lift Station 5 pumps through a short 2-inch forcemain to a Wayzata gravity line. The 2-inch forcemain is heavy wall high density polyethylene and is believed to be in generally sound condition, but in need of cleaning. There is approximately 2,000 feet of 2-inch forcemain in this area. This area has poor soils and high groundwater, which complicates construction involving deep excavations. The gravity sewers in this area were televised in 1999 and are in generally sound condition. Lift Stations 2,3, and 4 are in need of complete replacement. Since Lift Station 5 is of the same age and construction, replacement of Lift Station 5 should be considered. Inflow and Infiltration (I & I) - Ferndale Area The February 1999 sewer televising in this area shows two residential services on Ferndale Road West that appear to be contributing significant I & I. Field observations at Lift Station No. 3 show a third residential service that appears to be contributing significant I & I. Observations in July 1999 at Lift Station No. 2 confirmed that there is a significant, steady stream of clear water from the gravity sewer entering the lift station. During the spring and early summer, the lift stations in this area run near continuously due to increased I & I, and high level alarms in Lift Station No. 2 are almost constant. This problem is aggravated by deposits in the 2-inch forcemain which lower the lift station pumping rates. There is also minor infiltration directly into Lift Station No. 1. Flow Conditions and Proposed Hydraulic Improvements - Ferndale Area With minor forcemain improvements, the existing 2-inch forcemain is adequate to serve this area in conjunction with the proposed lift station improvements. The proposed improvements will be able to accommodate some amount of Inflow and Infiltration. It should be noted that despite the alarm history in this area, sewer back-ups have not been a problem. This is attributable to basement elevations being significantly above lift station elevations in most cases. There are approximately ten residential service connections tributary to Lift Station No. 2. Typically, peak sanitary flow rates correspond to 1 gpm per residential service connection, for larger service areas. In the Ferndale area, this would result in an estimated peak flow of 10 gpm. Due to the small system size, the peaking factor will be higher than for a large system. Items such as private water treatment facilities and draining of hot tubs may also contribute to higher peak flows. The most conservative approach would be to assume that all 10 service connections are contributing significant flow at the same time. Based on a “fixture unit curve”, this w'ould result in a flow of 45 K:\i39\i 3999 !07\word\reports\!etter reportdoc 3 gpm, or 4.5 gpm per service connection. Since a 2-inch forcemain is adequate for 45 gpm, it is proposed that the design capacity for Lift Station No. 2 equal or exceed 45 gpm. The original lift station design capacities are shown on Table 1. Testing performed in 1993 showed that the capacity of Lift Station No. 2 was down to 22 gpm, and that Lift Station No. 4 was down to 12 gpm pumping alone, and 0 gpm with Lift Station No. 2 running. Lift Station No. 3 was not tested due to lack of inflow. The capacities stated in Table 1 are with one of the twin pumps running. TABLE 1 19S0 Lift Station Design Conditions Lift Station Number 1 Pumping Capacity (gpml 45-60 15 Pumping Headm. 90 - 120 8 Motor Size fhol 5 1.5 Forcemain Diameter finches! 4 (to MCES forcemain) 2 fto Wayzata) It is believed that the following factors are responsible for the reduced capacity, alarm history, and high run times on the Femdale area lift stations: • Deposits and encrustation in the 2-inch forcemain, which severely restrict pumping rates. • Inflow and infiltration of groundwater, which cause pumps to run continuously at times. With multiple pumps running, pumping rates are severely reduced by the increased pumping head. • Normal pump wear may also be a factor. The proposed hydraulic improvements are: 1. 2. 3. 4. 5. Clean the encrustation and deposits from the 2-inch forcemain. The City has recently received quotes from specialty contractors for this work. Eliminate public property I & I by sealing structures, leaking joints, and raising manhole tops. The City has recently received quotes from specialty contractors for this work. Point excavate to re-route the 2-inch forcemain from Lift Stations No. 3 and 4 into Lift Station No. 2. This will allow Lift Stations No. 3 and 4 to pump without fighting the increased pumping head when Lift Station No. 2 is running. Provide pumps in Lift Station Nos. 3 and 4 that are capable of 15 to 20 gpm with both stations pumping. The use of semi-positive displacement pumps is recommended, as there would be little flow variation with variations in pumping head. Lift Station No. 2 would pump the combined flow from Lift Stations No. 3 and 4, and from the small gravity collection system that flows into Lift Station No. 2 Increase the pumping l3999l0T\word\report3\Utter reportdoc capacity of Lift Station No. 2 to 60 gpm. This capacity would result in a flow velocity of approximately 6 feet per second in the 2-inch forcemain, which is acceptable. 6. Lift Station No. 2 pumps into Lift Station No. 1. Lift Station No. 1 also serves a small area north of Highway 15. The design capacity of Lift Station No. 1 is 45 to 60 gpm. Although this capacity has proved adequate, the capacity of Lift Station Nc. 1 will require an increase due to the Lift Station No. 2 upgrade. It is proposed that the capacity of Lift Station No. 1 be increased to at least 80 gpm. Lift Station No. 1 pumps through a short 4-inch forcemain connected to the interceptor forcemain under Highway 15. Ideally, private property Inflow and Infiltration from leaky services or illegal connections should be eliminated. If problems in the Femdale area persist after the proposed improvements, private property Inflow and Infiltration will need to be addressed. The only other alternative would be to install approximately 2,000 feet of larger diameter forcemain, or install deep gravity sewer, under Femdale Road W :st, which would be both difficult and costly. Lift Station Structures A concrete lift station structure would be appropriate for the Highway 12 Bypass Lift Station. Fiberglass or polyethylene lift station structures would be appropriate for Lift Stations 3,4, and 5. A 6-foot diameter concrete structure would be appropriate for Lift Station No. 2. This would allow construction by caisson methods, which may be necessary due to the required depth, soil conditions, high groundwater, and site constraints Electrical Improvements The electrical panels and controls should be replaced due to age and as necessary for larger pumps. Relatively simple controls and alarm systems, such as float switches and external alarm lights are anticipated for all of the lift stations. Construction Sequencing - Femdale Area Construction of the new lift stations would be along side of the existing lift stations. In that manner, the existing lift stations can remain in service until the new lift stations are completed. Septic pumping trucks would be required during the switch-over period. Approvals / Permits Minnesota Pollution Control .\gency (MPCA) permits will be required for all of the lift stations. For the Femdale area lift stations, the Metropolitan Council Environmental Services (MCES) has indicated that they require notification of the Lift Station 1 improvements, since the pumping capacity is to be somewhat increased and Lift Station 1 pumps directly into an MCES forcemain. It is believed that the MCES has given concept approval for the Highway 12 Bypass Lift Station. Formal approval of this lift station will be required by the MCES, since it will be connected directly to an MCES line. K:\iJ9\ U999JO7[w0ntrepcrts\tetUf r€pQrtd0C Easements Permanent easements and temporary construction easements are required for Lift Stations 3,4, and 5. Lift Stations 1 and 2 appear to be within public right-of-way. A temporary construction easement may be desirable to obtain a sufficient construction area for Lift Station 2. Since Lift Station 1 does not require structure replacement, easement acquisition should not be necessary. The Highway 12 Bypass Lift Station will require a temporary easement. A potential location is in the northeast comer of the Washington Scientific property. This lift station will no longer be necessary after sanitaiy sewer improvements in conjunction with the future Highway 12 project are completed. Therefore, the easement could be structured to expire at a future date when the lift station is no longer necessary. Project Schedule At this time, it is estimated that the construction of the Highway 12 Bypass Lift Station will need to be completed by July 1,2000. This date could change pending the progress of school construction. The Femdale Area lift station projects should be completed during the 2000 construction season. A potential project schedule is as follows: November 1999 December 1999 January 2000 February 2000 March 2000 July 1,2000 City Council orders easement preparation and project design. Easement preparation. Project design. Easements acquired, construction bidding process. Open bids. Highway 12 Bypass Lift Station in-service. September 30,2000 Femdale area lift stations placed into service. K:\139\ !J999I07\worJ\reportsMett€r repcrtd^ Project Costs Project costs are estimated as follows: Usm Description Estimated Construction Cost Lift Station No. 1 Mechanical & Electrical Rehabilitation $ 20,000 Lift Station No. 2 Complete Replacement $ 80,000 Forcemain Improvements near Lift Station No. 2 $ 5,000 Lift Station No. 3 Complete Replacement $ 25,000 Lift Station No. 4 Complete Replacement $ 20,000 Lift Station No. 5 Complete Replacement $ 20.000 Highway 12 Bypass Lift Station New Construction $100,000 Total Estimated Construction Cost $270,000 10 % Contingency $27,000 20 % Legal, Engineering, and Administration $54,000 5 % Capitalized Interest and Bonding $14,000 Total Estimated Project Cost $365,000 If existing utility funds are to be used, the “5 % capitalized Interest and Bonding” line item should be deleted from the cost summary. Easement preparation and acquisition will be required for all of the lift station sites. The estimate does not include easement costs that will be incurred on the project. An allowance for easement costs should be added to the project budget. It does not appear that Lift Station No. 5 is in need of immediate replacement. If desired, the replacement of Lift Station No. 5 could be delayed for several years, which would lower project costs by $20,000 to $30,000. K:\l J9\ 1399910T\wor^reportsUetur report Joe Recommendations and Conclusion The design and construction of the Highway 12 Bypass Lift Station should proceed as described in this report. This lift station is necessary to provide adequate capacity for the new Orono Middle School. The design and construction of the Femdale area lift station rehabilitation project should proceed as described in this report. This consists of the rehabilitation of Lift Station No. 1 and total replacement of Lift Stations 2,3,4, and 5. It is recommended that the existing 2-inch forcemain in the Femdale area remain in service, as installing larger forcemain or installing deep gravity sewer would be costly, disruptive, and is not necessary based on the number of service connections. It is advisable and may become necessary for the City to require that private property infiltration and inflow defects be corrected. Beginning the lift station projects at this time would allow the Highway 12 Bypass Lift Station to be placed in service by July 1,2000. Establishing a completion date of September 30,1999 is recommended for the Femdale area lift stations. A project cost of $365,000 is estimated, not including easement costs. Of the total, $135,000 is attributable to the Highway 12 Bypass Lift Station and $230,000 is attributable to the Femdale area lift stations. K:\i39\I3999 10'^warttrepons^ letter reportioc HKIHWAY 12 BYP^ UFT STATION PERNDALE AREA UFT 6TATION8 NO. 1.2.3.4, A 8 ORONO, MINNESOTA 1999/2000 LIFT STATION PROJECTS LOCATION MAP > ■ M 1999 COUNCIL GABRIEL JABBOUR CHARLES KELLEY BARBARA PETERSON ROBERT SANSEVERE RICHARD FUNT GREG GAPPA TOM BARRETT RON MOORSE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PUBUC SERVICES DIRECTOR CITY ATTORNEY CITY ADMINISTRATOR l§ ill liii!I & (/) UJ A. I 1 CM >1 (Th kve\L-;CDUN 9D [6 ORONO SCHOOLS T M 1? 7 C!TY HALL T. H /^ DCVELDPMCNf HIGHWAY la BYPASS LIFT STATION VAY/ATA BLVD or TEN BROS. OLDS COUN LONi^ L —V §- JSTR hH Cij i. I //>ICTfO MCTC$ H^NKIL \ - F?} A LEE rr uLLt p ORONO. LONG LAKC MCOINA INTERCEPTOR SEWER AREA BOUNDARY 1 ^------V _s \S-i hi 1^rE TiL 1 mmmmm 1 V !lll 8 ZS » tm 2 3 IMO ymum mm» REQUEST FOR COUNCIL ACTION <?OtWCIL MEETING NOV a 1999 DATE; Nov0nl|eo^,cJ^2^Q ITEM NO: / 7 Department Approval: Name RonMoorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Access Alternatives for 4545 Wayzata Boulevard Attachment: Map Showing the Properties Affected Jane Slaughter, who lives at 4545 Wayzata Boulevard, which is between County Road 6 and Townline Road in western Orono, has requested the City's assistance in establishing a permanent legal access from her property to a public roadway. Her current access to a public roadway is via a driveway that crosses a neighboring property and the Burlington Northem-Santa Fe Railroad tracks to get to Highway 12. It is not clear whether this access is a permanent legal access. The legal issue regarding this access relates to the validity of a historical cartway easement. Ms. Slaughter is currently involved in a legal process regarding this cartway easement. The City Attorney has indicated he does not have sufficient information to make a determination regarding the legal validity of the cartway easement at this time. Alternative Access Potion It appears that an alternative access option may be available for the Slaughter property, as well as several other properties that use the railroad crossing As part of an agreement between Mn/DOT and the City of Medina regarding the closure of 1 ownline Road, Mn/DOT has indicated it would construct an access drive from Townline Road to serve the properties that currently access Highway 12 across the Burlington Northern-Santa Fe Railroad. This commitment is subject to the cities involved providing the necessary right-of-way for the access drive. Also, as a condition of frmding the access drive, the existing access to Highway 12 would be closed. Mn/DOT's commitment is to construct the access drive as part of the project to reconstruct the Highway 12/County Road 29 intersection, which is scheduled for 2002. Right-of-Wav for Access Drive The City of Medina has had discussions with the owners of the two parcels through which the access drive would be built. Both have indicated a willingness to work with the City to provide the necessary easement. The Medina Public Works Director has indicated he will contact both of these property owners prior to the Council meeting so that we have up-to-date information regarding their positions concerning the access drive easement. It is staffs recommendation that the preferred access option is the access drive to Townline Road. This would eliminate an at-grade railroad crossing and a substandard access point to Highway 12. It would also eliminate the need for any legal action regarding the current access Staff also recommends the City of Orono work closely with the City of Medina, Mn/DOT, and the affected property owners to work out the various elements required for the construction of the access drive. COUNCIL ACTION REQUESTED; Motion to provide direction for staffs efforts to assist in resolving the access issues of the Slaughters and the other property owners who currently use the access to Highway 12 across the railroad tracks. this drawing is only a sketch. It is made without any professional review. It was put together with information from a survey and plot maps. ^ Lois u/n>\ exu-\\(vu IK a T USV ILIL CMSSmc ACGF5? HOESCHLER & BEISEL LLP ATTORNEYS Bradley N. Beisel ((.12) 305-1446 Fax (612) 305-1419 bbciscl®.aoI.com 1400 AT&T Tower 901 Marquene Avenue Minneapolis, MN 55402-2859 November 3,1999 Orono Mayor Gabriel Jabbour Orono City Council Members Charles Kelly, Barbra Peterson, Richard Flint, Bob Sansevere 2750 Kelley Parkway Orono, MN 55356 Re: Rudd & Slaughter Access Matter Our File No.: 6452-98CW Dear Mayor and City Council Members; I represent Mr. & Mrs. Slaughter and the Richard Rudd family in connection with an access question which has arisen on the property they own in the City of Orono and, in the case of the Rudd femily, also on adjacent land in the City of Medina. A copy of an area map showing the properties is enclosed for your reference. I understand that this matter will be on the agenda for the Orono City Council meeting to be held on Monday, November 8. I hope to be at that meeting to answer any questions that any of you may have concerning my client s position with respect to this issue. In the meantime, allow me to give this background information and to summarize my clients’ position. Rudds and Slaughters, together with Fraizer and Hickey, presently access their properties oyer a railroad crossing shown on the enclosed map. Unfortunately, the railroad has taken the position that the right to use this crossing is not permanent, and may be terminated by the railroad for any reason at any time. I am sure you can imagine the concern that this has given rise to and I am sure you can appreciate the adverse effect that this situation has on the value and marketability of the properties in question. While we are actively pursuing our options with the railroad it is not at all clear that we will be able to establish a permanent and irrevocable right to use the railroad crossing. Part of the pending proposal for Mn/DOT improvements to Hwy 12 is to construct a frontage road to the south of the railroad right-of-way connecting Town Line Road to *he Rudd property. The proposal as 1 understand it is that the new frontage road would be the new access road for Rudds, Fraizers, Slaughters and Hickeys. This is an acceptable solutio*" . • the access problem so far as my clients are concerned and they wholeheartedly support it. Mo.s Mn/DOT has offered certain financial assistance in building this service road so long ;'s kl ^ .nstruction takes place at or before the time that the Hwy 12/County Rd. 29 improvements arc undertaken. It is Orono Mayor and City Council November 4,1999 page 2 my understanding that these improvements will commence no later than the spring of 2003. It is my fiL-ther understanding that, in order for Mn/Dot to make its contribution to the construction of the access road, the road bed would have to be dedicated to the public, in the form of an easement in favor of the respective Cities and/or in the form of a platted road. It is also my understanding that Mn/Dot may be able to fund this work at an earlier time. However, Mn/Dot's offer does not extend past the Hwy 12/County Rd. 29 project. The construction of the access road benefits not only the affected property owners but also the City itself As you probably know, another possible access route via Orono property owned 1^ Mr. and Mrs. 'fheis is it issue in a pending court case. Evidence has been found that the City of Orono created a public cartway in 1912 over this other access route. The City may have to become involved in this Utigation in order to determine whether there really is a pubUc cartway over Orono property. This issue will become moot if access over the proposed new service road is established. In summary, my clients support the proposal under which a fi'ontage road would be built connecting Town Line Road to the Rudd Property and they urge the City to do whatever it can to advance the plans for that road including but not limited to: communicating and cooperating with the City of Medina; encouraging Medina to establish the new right-of-way; determining if any part of the new frontage road needs to extend into Orono and working with the City of Me^ the BNSF Railroad and Mn/DOT to confirm the existing crossing is and vrill remain a public right-of- way until the new frontage rc ad is completed. Thank you very much for yoir time and consideration. Very Truly Yours, &H11SEL, LLP BNB/cm encl. cc:Ericka Hawkins (claim # 98-03950) Richard Rudd Jane Slaughter Medina Mayor and City Counsel John B. Ferris vwrs^ laughter i M 1/4. a» H HIckc (Onu) h I HOESCHLER & BEISELattorneys LLP 1400 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402-2859 Bradley N. Beisel (612) 305-1446 Fax (612) 305-1419 bbeisel@aol .com November 4,1999 and Sanle Fe Railroad 80 44th Avenue Northeast Minneapolis, Minnesota 55421 Re- Rudd & Slaughter Access Matter OurFileNo.:6452-98CW Dear Mr. Arndt: ontative of the Railroad in response to my letter o 1 have yet to hear ftom you or from any Uiat the Railroad ’s silence ^ not in a position to let this matter rest. We have discussed at some length Jhe fact pro^fdTlw Railroad with the ^s^SSshed as a pubUc ™ ^ “ If Oron^^^V City of Orono) which ap,^ to Supervisor’s Road Order issued^ tte To ^ h, forth nothing to refute that document. establish the crossing as p^hc. ^ 5, fo, J fotents and purposes as a public Further, the crossing has ^.^nver the Railroad has stood sdently by several times « since at least the very early 1900 Mo • ^ „o,j(y ,he concerned houses were buUt on those P'°f were improved at great expense to the “lCre"fo; that access over the raUroad crosshig was permanen . It appears to me that numero^ thi’er^i^ was the crossing is permanent ^d/or pu . Order, we can claim pre^np ive :rr!i:nh-eC I am aware of the plans for service the crossing and provide good legal and u bl ^ ,h,ee plans were carried out without delay hoping that all goes years. My cUents cannot t^ wil J J properties is severely compromised according to plan. The value and marketabiUty spencer Arndt November 4,1999 Page 2 by the present situation. Because of this, and for the other reasons set forth above, we now consider ourselves forced to actively explore the possibility of initiating a legal action against the Railroad to establish the crossing as either a public crossing or a permanent and appurtenant crossing easement for the benefit of my clients and the other parties whose access is dependant thereon. My October 13 tetter set forth a very reasonable proposal to the Railroad. It would fi>restall legal action white providing my clients with the necessary assurances that they wUl have good access to their properties over the crossing until the service road is opened. That proposal has not even been acknowledged by the RaUroad. 1 urge you to reconsider that proposal so that more formal legal action will not become necessary. I look forward to hearing from you. Very Trufy Yours, EL. LLP Bradley BNB/cm cc:Ericka Hawkins (claim # 98-03950) Richard Rudd Jane Slaughter Mayor and City Counsel, City of Medina Mayor and City Counsel, City of Orono 1 REQUEST FOR COUNCIL ACTION roi INC1L MEEUNQ NOV 0199% CtTYOFOnONO I DATE: Novembers, 1999 ITEM NO: / S Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Extension of Joint Powers Agreement for the West Hennepin Recycling Commission - Resolution Since the time the City began providing curbside recycling service, the City has participated in a Joint Powers Agreement with the cities of Greenfield, Independence, Long Lake, Loretto, Maple Plain and Medina for the purpose of administering the curbside recycling program, and to facilitate cooperative efforts toward planning and promoting other recycling activities. The Joint Powers Agreement has worked very well through the years. Staff is recommending the Joint Powers Agreement be extended through year 2002. A resolution extending the Joint Powers Agreement is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt a resolution approving the extension of the Joint Powers Agreement of the West Hennepin Recycling Commission through December 31, 2002. A RESOLUTION APPROVING EXTENSION OF JOINT POWERS AGREEMENT OF THE WEST HENNEPIN RECYCLING COMMISSION WHEREAS^ the cities of Greenfield, Independence, Long Lake, Loretto, Maple Plain, Medina, and Orono entered into a Joint Powers Agreement under the authority of Minnesota Statute 471.59 in order to create the West Hennepin Recycling Commission for the purpose of establishing, administering, and operating a curbside recycling program in each of the member cities; and WHEREAS, the West Hennepin Recycling Commission has recommended extension of the Joint Powers Agreement as revised in October, 1995 through 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, Minnesota that the Joint Powers Agreement of the West Hennepin Recycling Commission be approved and extended through December 31, 2002. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of November, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 1 of 1 JOINT POWERS AGREEMENT 2000 - 2002 Extension THIS AGREEMENT made by and among the Cities of Greenfield, Indej'*endence. Eotig I aVe, Loretto, Map’e Plain, Medina and Orono (hereinafter referred to collectively as the "Participants") is effective on the day and year provided herein 1 PlTvPOSE ANT) AUTHORITY This Agreement is entered into under the aiitlxarity of Minnesota Statutes section 471 59 The Participants have determined that it is to their mimial adv antage to form a single joint powers entin that sn»ll establish and operate within the present and future lioundanes of the Participants a program for recyclifjg acceptable materials Cities will offer curbside recycling to residents 2 COMMISSION There is hereby created the West Hennepin Recycling Commission (the "Commission") consi.sting of seven commissioners a Apr>ointment and Tenn The governing body of each Participant shall, by a majority vote, appoint a person, who may or may net be an eleaed official of the Parti.’pant’s, to serve as a commissioner Appointments shall be for a two- year period unless tlte respective governing body makes the appointment for a lesser period Commissioners shall serve until their successors are appointed and qualified Vacancies shall be filled for the unexpired term by the appropriate governing body A vacancy occurs upon the death or resignation of a commissioner b Compen.sation Commissioners shall serve without compensation by the Commission Reimbursement of expenses for each commissioner shall be governed by state stamtes and the charter, ordinances, and policies of the Participant that commissioner represents c Officers Tlie Commission sliall choose one of its members as a chairperson The chairperson shall be appointed by commission action at the first meeting of tlie year The coordinator shall act as a secretary-treasurer The chairperson shall preside at all meetings of the Commission The secretary-treasurer shall keep a complete record of each meeting and of all proceedings and business of the Commission, keep it’s Commissioners regularly informed of the activities of the Commission by distribution of written minutes to each Commissioner following each meeting, and shall keep an acairate accounting of all receipts and disbursements of the Commission The chairperson and secretary treasurer shall sian all contracts authorized bv and in the name of the Commission d Meetings Tlie Commission shall meet at such times and places as it shall deem appropriate but at least once even, twelve months Ml meetings shall he open to the public e Voting Requirements .All actions of the Commission shall require a simple majority of the commissioners present and voting A majority of the commissioners shall constitute a quonirn 1 1 f Financial Accoiintabiltn' The Commission shall establish a separate checking account for West Hennepin Recycli.'ig Commission (>\T{RC) authorizing Commission representatives to sign checks Two authorized signatures will lie required at all times on each check The Commission will include costs of maintaining checking account in its annual budget The annual honesty bond will be required in the amount "Ot to exceed 10® o of anticipated annual VVTTRC financial activitv The commission will reimburse Recvclinc Coordinator for the cost of seairing honesty bond 3 POWERS The Conimission shall establish and oversee the operation of the Program The Commission shall have the authority to (a) enter into contracts in accordance with Nfinnesota statutes section 471 345, subd 5, as may be necessary to accomplish its purpose; (b) hire, on an independent contractor basis, such persons as are necessary to operate the Program, including but not limited to a Program Coordinator, (c) lease a site for a central collection facility, and (d) apply for and administer grant monies as necessary to fund the Program. In no event shall the Commission incur obligations in excess of its funding as provided in the following paragraph Funding Funding for the operation of the Program shall come from grant monies available from the Hennepin County Municijial Recycling Grant, special grant programs, and lands from any sale of recyclable materials The Participants agree to support the annual budget of the Commission and that the distribution of Hennepin County Municipal Recycling Grant fimds will be based on each city’s percentage of the total household count among the Participants Each Participant agrees to contribute to the Commission any fiinds it receives from any source for projects or programs involving recyclable materials In addition, the Participants may, but are not obligated to contribute funds additional to the budget to the Commission for the operation of the Program Each Participant shall piovide fiinds for any curbside program for that city in excess of the money avaflable from Hennepin County 5 PUBLIC EDUCATION The Participants agree to assist in tlie distribution of recycling-related information The distribution of such info; mation shall be distributed via municipal new sletters, water bill enclosures, general media news releases, and other mutually agreeable communication methods COflwr.n MSETIN3 REQUEST FOR COUNCIL ACTION NOV a 1999i CITY OF ORONO Date: October 27,1999 Item No: / Department Approval: Name: Title: Gary Cheswick Chief of Police Administrator Reviewed: Agenda Section: Item Description: COPS in School Grant Exhibits:None DISCUSSION On September 1, 1999, the U.S. Department of Justice awarded the City of Orono a $123,000.00 "Cops in School" grant that provides funding for a police officer to work within the school district. Because of receni concern's regarding violence in the school, the request for financial assistance was offered at an opportune time. For the last several years, the Police Department has assigned an officer to the schools on a limited basis with partial funding of $18,300.00 allotted from the District. This funding provides for an officer to work with the school two days a week from September through May. In addition, this same officer teaches DARE January through June. These activities total approximately 40 hours a week in school related policing. We have found that the officers not only provided a presence but, in addition, have helped in response to the increase in police/school reported activities that have had to be addressed within Orono High School. Middle School, Schumann Elementary School, Orono Student Center, with occasional visits to the Orono Primary School. This will now include the new Middle School. By providing a full-time position, we hope with the increased presence, to enhance the safety within the schools. If Council accepts the award, the police department will have the ability to hire an additional officer to replace the school liaison officer who is currently removed from his patrol duties. The Department's long range goals project that there will be a need for increasing personnel over the next $ years. With this in mind, it became clear that the benefit from this grant would not onlv be in juvenile inter\’ention but in increase of police personnel, making it a cost effective approach to providing for additional patrol and increased enforcement capabilities. « • To give a brief review, the following are some support serv ices the school liaison officer had provided: ■ Physical presence in the school buildings and grounds. ■ Investigating crimes committed on school property and school buses. ■ Attends school activities such as sporting events, dances, etc. ■ Attends classes at teacher's requests and talks to students on various law enforcement subjects. ■ On request of school officials, counsels students on behavior problems that may border on criminal activity or who have committed violations needing tollow-up. ■ Meets with students and parents on law enforcement matters. ■ Provides a liaison between schools and the juvenile court system ■ Handles a local juvenile diversions programs-such as Family Conferencing, etc. ■ Attends community/school meetings and serves on the boards of those community groups. ■ Creates a rapport between law enforcement and students. This allows the students to get to know the police officer and develop a relationship that provides an atmosphere allowing them to feel more comfortable in coming to an officer with problems. ■ Wor'^s with the school administration, psychologists, counselors and teachers to assure 'he best for the students. ■ Speaks to community groups such as the chamber of commerce about the school liaison program. Additionally, to provide insight in what the liaison officer has accomplished during the past year, the following are school juvenile crimes and violations investigated in 1998: Assaults Burglary Terrorist Threats Auto Theft Fleeing Police Theft of Property Criminal Damage to Property Minor Consuming Possession of Marijuana Tamper with Motor Vehicle Trespass Runaway Curfew Obstruct Legal Process- (Resisting Arrest) Disorderly Conduct Fireworks 6 1 3 3 2 7 14 20 3 -7 7 6 18 4 6 I Total 103 Cases The school liaison program has given Uie Police Department and the Orono School district a unique opportunity to intervene early, not only providing for a safer school atmosphere, but allowing for a more positive police student relationship. Long Term Funding Although the grant provides a very cost effective way to hire an additional police officer, there will be additional city costs beginning in year 3, and continuing beyond the 3 year grant period. A table showing the costs and funding sources is attached. In conclusion, the asset of early intervention by the Police Department, through the School Liaison position, should not only provide for a safer environment within our school and community, but by adding an officer on the road will provide an increase of Police presence within the community. COUNCIL ACTION REQUESTED Permission to accept the U.S. Department of Justice award for $125,000 as funding for a full­ time school liaison officer. C. O. P. S. OFFICER LOTUSWKS\TOM\POUCE\Ccop2000.123 Year 2000 Year 2001 Year 2002 Year 2003 Four Year Total Wages $31,283 $38,370 $44,464 $50,890 $165,008 PERA 9.30%2,909 3,568 4,135 4,733 15,346 MDCR1.45%454 556 645 738 2,393 Cafeteria 4,140 4,380 4,620 4,860 18,000 Work Comp 814 1,025 1,235 1,480 4,554 Total $39,600 $47,900 $55,100 $62,700 $205,300 Federal Grant Available $125,000 $85,400 $37,500 $0 $125,000 Funding Used Current Year (39,600)(47,900)(37,500)0 (125,000) Balance of Federal Grant Available - Carryfunivard $85,400 $37,500 $0 $0 $0 Current Year Costs Paid by City of Orono $0 $0 $17,600 $62,700 $80,300 REQUEST FOR COUNCIL ACTION DATE; November 5, 1999 ITEM NO: Department Approval: Name RonMoorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Rqjort Item Description: Election to Continue Participation in the Metropolitan Livable Communities Act Local Housing Initiative Program - Resolution The City has participated in the Metropolitan Livable Communities Act Local Housing Initiative Program since its inception. The two requirements of participation are that the City negotiate housing goals with the Metropolitan Council, and that the City make a minimum expenditure to support or assist the development of affordable and life-cycle housing, or maintain and preserve such housing. This expenditure amount is called the City's Affordable and Life-Cycle Housing Opportunities Amount (ALHOA). The City did submit a set of housing goals to the Metropolitan Council. These goals were accepted. The Metropolitan Council has requested the City review its housing goals as part of its Comprehensive Plan update process. The City's ALHOA contribution has been between $20,000 and $25,000 per year. The City has fulfilled this requirement by targeting its annual CDBG grant funds toward affordable housing. A resolution electing to continue participation in the Metropolitan Livable Communities Act Local Housing Initiative Program for 2000 is attached for Council Consideration. COUNCIL ACTION REQUESTED: Motion regarding the adoption of a resolution electing to participate in the Metropolitan Livable Communities Act Local Housing Initiative Program for the Year 2000. • . RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2000 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and Inclusionary Housing Account is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Page 1 of2 Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 2000, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1999, can continue to participate under Minnesota Statutes Section 473.254 if; (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1999; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cj cle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED THAT the City of Orono hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2000. Adopted by the City Council at a regular meeting held November 8, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of 2 COMKrrii MfrET1t4Q NOV 199^ REQUEST FOR COUNCIL ACTION^^,,, utiut^Q DATE: November 5. 1^99 ITEM NO : Department Approval: Name RonMoorse Thie City Administrator Administraior Reviewed:Agenda Section: City Administrator's Rqjort Item Description: Reclassification of Deputy Clerk Position In recent years the City has experienced changes in staff, changes in work load, and changes in the way work is done. One position significantly affected by these changes has been the Deputy City Clerk position. Because of the wide variety of duties and the projects that need to be accomplished, Carole Haseman, the Deputy City Clerk, has taken the initiative to go beyond the basic day-to-day duties and take on a number of significant new responsibilities. Carole is the key person who coordinated the search for the new land management software, and will be the key person involved in implementing the software. Carole has also been very involved in assisting t! - City Clerk with the many activities related to administering the bi-annual elections process. As a result of the changes in the position's duties and responsibilities, it is recommended the position be reclassified from Level 4 to Level 5 in the City’s pay schedule. COUNCIL ACTION REQUESTED: Motion to approve the reclassification of the Deputy City Clerk position from Level 4 to Level 5 in the City's pay schedule, and to increase the pay rate of Carole Haseman from $15.05 per hour to $16.06 per hour effective November 1, 1999. 4 REQUEST FOR COUNCIL ACTION NOV 8 CiTY Of OHONO DATE; Novembers, 1999 ITEM NO: Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Rqjort Item Description: 2000 Non-Union Compensation Adjustment The follovsfing wage and insurance adjustments for non-union staff are proposed for 2000; 1. Pay: Increase pay ranges by 2% effective January 1 and by an additional 1% effective July I. 2. Insurance Contribution: $25.00 per month increase to a maximum contribution of $370.00 per month. Compensation Adjustment Criteria An outline of the criteria on which pay and insurance adjustments are generally based is as follows; A. Pay Adjustment Criteria 1. Cost of living increase a. US consumer price index; annualized increase from October '98 to October '99 is 2.8% b. Minneapolis/St. Paul consumer price index; annualiztl increase from the first half of 1998 to the first half of 1999 (July '98 to July ’99) is 2.6% 2. Market comparison a.Comparable cities both in the Lake area and throughout the Metro area are considering pay adjustments for 2000 of 3.0%. As additional Li ckground, the Police Officer bargaining unit is working under a 2 year agreement for 1999/20^'. that provides for a 2%/I% pay increase. REQUEST FOR COUNCIL ACTION NOV 8 DATE: Wove^berM999 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: 2000 Non-Union Compensation Adjustment The following wage and insurance adjustments for non-union staff are proposed for 2000: 1. Pay: Increase pay ranges by 2% effective January 1 and by an additional 1% effective July 1 . 2. Insurance Contribution: S25.00 per month increase to a maximum contribution of $370.00 per month. Compensation Adjustment Criteria An outline of the criteria on which pay and insurance adjustments are generally based is as follows: A. Pay Adjustment Criteria 1 . Cost of living increase a.US consumer price index: annualized increase from October '98 to October '99 is 2.8% Minneapolis/St. Paul consumer price index: annualized increase from the first half of 1998 to the first half of 1999 (July '98 to July *99) is 2.6% 2. Market comparison a Comparable cities both in the Lake area and throughout the Metro area are considering pay adjustments for 2000 of 3.0%. As additional background, the Police Officer bargaining unit is working under a 2 year agreement for 1999/2000 that provides for a 2%/l% pay increase. pnnMrM REQUEST FOR COUNCIL ACTION NOV 8 DATE: ^ove^b?rM999 ITEM NO: Department Approval: Name RonMcwrse Title Citv Administrator Administrator Reviewed:Agenda Section: City Administrator's Rqjort Item Description: 2000 Non-Union Compensation Adjustment The following wage and insurance adjustments for non-union staff are proposed for 2000: 1. Pay: Increase pay ranges by 2% effective January 1 and by an additional 1% effective July 1 . 2. Insurance Contribution: $25.00 per month increase to a maximum contribution of $370.00 per month. Compensation Adjustment Criteria An outline of the criteria on which pay and insurance adjustments are generally based is as follows: Pay Adjustment Criteria 1 . Cost of living increase US consumer price index: annualized increase from October '98 to October '99 is 2.8% b. Minneapolis/St. Paul consumer price index: annualized increase from the first half of 1998 to the first half of 1999 (July '98 to July '99) is 2.6% Market comparison Comparable cities both in the Lake area and throughout the Metro area are considering pay adjustments for 2000 of 3.0%. As additional background, the Police Officer bargaining unit is working under a 2 year agreement for 1999/2000 that provides for a 2%/l% pay increase. Request for Council Action continued Page 2 November 5, 1999 2000 Non-Union Compensation Adjustment B. Insurance Contribution Adjustment The City generally increases the insurance contribution by an amount sufficient to cover one-half of the average premium increase. For 2000, the determination of the average premium increase is difficult because of three factors. 1 3. A very large increase in the family coverage rate of the highest cost option ($120.98 per month). The addition of two new tiers (employee plus spouse and employee plus children) that have reduced costs for some. The addition of a new plan option (Medica Elect) that has held cost increases down for some, and has substantially reduced costs for some. The cost changes from 1999 to 2000 are shown in the table below. LOG IS Renewal Rates for 2000 vs. 1999 Rates Rate Tier 1999 Medica High Option 2000 Medica High Option $ Increase (Decrease) 2000 Medica Elect Option SIncrease (Decrease) Single $195.26 $225.53 $30.27 $202.23 $6.97 Employee + Spouse $525.98 $524.00 ($1.98)$469.87 ($56.11) Employee + Child(ren) $525.98 $495.00 ($30.98) $443.87 ($82.00) Family $525.98 $646.96 $120.98 $580.13 $54.15 In trying to balance the very large cost increase for some employees with the cost reductions for others, staff is recommending the insurance contribution increase by $25.00 per month for a total contribution of $370.00 per month. It is projected that health insurance costs will have double-digit increases for the next two to three years Making the $25.00 per month increase this year will help the City to keep next year's contribution increase at a reasonable level. Request for Council Action continued Page 3 Novembers, 1999 2000 Non-Union Compensation Adjustment Police Officers The police officer bargaining unit is working under a 2-year contract that capped the year 2000 insurance contribution increase at $15.00 per month. Because this was negotiated in late 1998, the large increase in insurance rates was not taken into account. The City has always taken the position that it is very important that benefits such as the insurance contribution are consistent across all employee groups. For this reason, it is staffs recommendation that the $25.00 per month insurance contribution increase be provided to the police officers also. Market-Based Pav Adjustments The 2000 budget process included discussion of, and funding for, market-based pay adjustments in addition to the annual pay schedule adjustment. These pay adjustments will be based on a survey of pay levels in comparable cities. The survey has not yet been completed. Staff plans to complete the survey and bring the survey results, along with the proposed market-based pay adjustments, to the Council at its December 13 meeting. COUNCIL ACTION REQUESTED: Motion to approve increases to the City's non-union pay ranges of 2% effective January 1, 2000 and 1% effective July 1, 2000, and to approve a $25.00 per month increase in the City's medical insurance contribution for both non-union employees and the police officers. i Request for Council Action continued Page 3 Novembers, 1999 2000 Non-Union Compensation Adjustment Police Officers The police officer bargaining unit is working under a 2-year contract that capped the year 2000 insurance contribution increase at $15.00 per month. Because this was negotiated in late 1998, the large increase in insurance rates was not taken into account. The City has always taken the position tliat it is very important that benefits such as the insurance contribution are consistent across all employee groups. For this reason, it is staffs recommendation that the $25.00 per month insurance contribution increase be provided to the police officers also. Market-Based Pav Adjustments The 2000 budget process included discussion of, and funding for, market-based pay adjustments in addition to the annual pay schedule adjustment. These pay adjustments will be based on a survey of pay levels in comparable cities. The survey has not yet been completed. Staff plans to complete the survey and bring the surv',v results, along with the proposed market-based pay adjustments, to the Council at its December 13 meeting. COUNCIL ACTION REQUESTED: Motion to approve increases to the City's non-union pay ranges of 2% effective January 1, 2000 and 1% effective July 1, 2000, and to approve a $25.00 per month increase in the City's medical insurance contribution for both non-union employees and the police officers. REQUEST FOR COUNCIL ACTION COUNCIL MEETINa NOV 6^ CITY OF ORONO DATE: November 5, 1999 ITEM NO: ^ 3 Department Approv<'>. Name Ron Moorsc Title Ci^’ Administrator Administrator Reviewed:Agenda Section: C'tj' Administrator’s Rqjort Item Description: Resolution of Support for Conversion of the Dakota Rail Corridor to a Recreational Trail The Dakota Rail Railroad runs through the cities of V/ayzata, Oro.io, Minnetonka Beach and Spring Park approximately parallel with County Road 15, and continues through Mound and Minnetrista and west to Hutchinson. The railroad runs through some of the most environmentally sensitive, densely oopulated, and scenic areas of Orono. The railroad is currently m a severely deteriorated condition, causing the railroad owner lo put in place a plan to shut down the railroad unless millions of dollars of finai.cial assistance is provided by the State or Federal government to upgrade the railroad. An alternative is to convert the railroad to a regional recreational trail. Although Mayor Jabbour and Council Member Flint have been working on the regional trail alternative with the support of the City Council, the Council has not taken an official position in support of the conversion of the railroad to a recreational trail. A resolution of support would be helpful in gaining the support of other cities along the railroad corridor and other agencies with jurisdiction over the corridor. A resolution of support is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt a re solution in support of the conversion of the Dakota Rail Corridor to a regional recreational trail. A RESOLUTION IN SUPPORT OF THE CONVERSION OF THE DAKOTA R\IL RAILROAD CORRIDOR TO A REGIONAL RECREATIONAL TRAIL WHEREAS, the Dakota Rail Railroad runs through some of the most environmentally sensitive, densely populated, and scenic areas of Orono; and WHEREAS, the Dakota Rail Railroad is in a state of severe deterioration, such that even at very slow speeds there is a substantial probability of derailment; and WHEREAS, the owner of the railroad has indicated the railroad will be shut down unless they receive financial assistance in the amount of several million dollars from the State or Federal government to upgrade the line; and WHEREAS, the Dakota Rail line serves a very small number of shippers; and WHEREAS, an upgrade of the railroad would result in a dramatic increase in impacts of the railroad on the residential neighborhoods adjaceru to the railroad; and WHEREAS, the conversion of the railroad to a regional recreational trail would eliminate the adverse impacts of the railroad use on the most environmentally sensitive and densely populated areas of the City; and WHEREAS, the conversion of the rail corridor to a trail would provide a trail through some of the most scenic areas of Orono; and WHEREAS, Hennepin Parks has indicated that if the cities along the trail are supportive of the conversion, Hennepin Parks would be interested in working with the cities to make the trail a reality. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby indicate its support for the conversion of the Dakota Rail Railroad corridor to a regional recreational trail. Page 1 of2 Adopted by the City Council at a regular meeting held on November 8, 1999 ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 2 of 2 REQUEST FOR COUNCIL ACTION DATE: November 5, 1999 ITEM NO: Department Approval: Name Lin Vee THIe City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval There are no licenses. I I S Nov 1999 Fri 10:56 AM Check Number Check Number 60132 Check Register City of Orono Date Name 60132 A-1 RENTAL 05-NOV-99 A-I RENTAL Totals Check Number 60132 A-1 RENTAL Check Number 60133 AIRTOUCH CELLULAR/BELLEVUE 60133 60133 60133 60133 04-NOV-99 04-Nov-9^ 04- Nov-99 05- NOV-99 AIRTOUCH CELLUIAR/BELLEVUE AIRTOUCH cel:/*lar/bellevue AIRTOUCH CELLULAR/BELLEVUE AIRTOUCH CELLULAR/BELLEVUE Totals Check Number 60133 AIRTOUCH CELLULAR/BELLEVUE Check Number 60134 AT & T - 60134 04-NOV-99 AT & T - Totals Check Number 60134 AT & T - Check Number 60135 AT fcT- TAMPA 60135 05-NOV-99 AT fc T - TAMPA Totals Check Number 60135 AT £«T- TAMPA Check Number 60136 AT 6 T WIRELESS SERVICES Check Number 6cr37 BATTERIES PLUS 60137 05-Nov-99 BATTERIES PLUS Totals Check Number 60137 BATTERIES PLUS Check Number 60138 BCA/TRAINING & DEVELOPMENT 60138 05-NOV-99 BCA/TRAINING k DEVELOPMENT Totals Check Number 60138 BCA/TRAINING k DEVELOPMENT Check Number 60139 BLACKCWIAK k SON 60139 05-NOV-99 BLACKOWIAK k SON COf wcfL MEEBNQi NW 6 Page 1 Transaction Cn Y Of OHONOAmount Comments 21.30 21.30 550.06 14.01 14.01 160.18 738.26 11.77 11.77 6.65 6.65 48.48 48.48 240.00 240.00 PROPANE CELL PHONE SERVICE UTILITY PHONE UTILITY PHONE CELL PHONE SERVICE LONG DISTANCE SERVICE WIRELESS LONG DISTANCE 60136 04-NOV-99 AT k T WIRELESS SERVICES 59.91 CELL PHONE SERVICE 60136 04-NOV-99 AT k T WIRELESS SERVICES 8.36 CELL PHONE SERVICE 60136 04-NOV-99 AT k T WIRELESS SERVICES 8.36 CELL PHONE SERVICE Totals Check Number 60136 AT k T WIRELESS SERVICES 76.63 BATTERIES COM? HRDWRE-MCNALLY 157.80 WASTE SERVICE 9/99 S Nov 1999 Fri 10:56 AM Check Register City of Orono Page 2 Check Number Date Name Check Number 60139 60139 60139 60139 BLACKOWIAK & SON 05-Nov-99 BLACKOWIAK & SON 05-NOV-99 BLACKOWIAK & SON 05-NOV-99 BLACKOWIAK 6 SON Totals Check Number 60139 BLACKOWIAK & SON Check Number 60140 BRINKHAUS, JACK 60140 60140 05-NOV-99 OS-Nov-99 BRINKHAUS, JACK BRINKHAUS, JACK Totals Check Number 60140 BRINKHAUS, JACK Check Number 60141 BROCK WHITE COMPANY 60141 OS-Nov-99 BROCK WHITE COMPANY Totals Check Number 60141 BROCK WHITE COMPANY Check Number 60142 BRYA.N ROCK PRODUCTS INC. 60142 OS-Nov-99 BRYAN ROCK PRODUCTS INC Totals Check Number 60142 BRYAN ROCK PRODUCTS INC Check Number 60143 BUDGET PRINTING Transaction Amount Comments 72.33 157.80 218.02 WASTE SERVICE 9/99 WASTE SERVICE 9/99 WASTE SERVICE 9/99 605.95 15.84 9.57 MILEAGE MILEAGE 25.41 897.16 897.16 FABRIC-SAGA HILL ACCESS 208.32 208.32 CLASS 2 CRSHD ROCK 60143 04-NOV-99 BUDGET PRINTING 81.68 SHIPPING LABELS Totals Check Number 60143 BUDGET PRINTING 81.68 Check Number £0144 CARGILL SALT 60144 04-NOV-99 CARGILL SALT 2,069.65 SOFTNER SALT Totals Check Number 60144 CARGILL SALT 2,069.65 Check Number 60145 CHUT4KS LAKESHORE AUTO 60145 04-Nov-99 CHUNKS LAKESHORE AUTO 552.35 MASTER CYLINDER il80 60145 04-NOV-99 CHUNKS LAKESHORE AUTO 159.15 BATTERY • 177 60145 04-Nov-99 CHUNKS LAKESHORE AUTO 32.75 ELECTICAL DIAG • 183 60145 04-NOV-99 CHUNKS LAKESHORE AUTO 86.32 OIL CHG, ROT TRS • 184 60145 04-NOV-99 CHUNKS LAKESHORE AUTO 508.82 BRAKES, OIL HOSES • 179 60145 04-NOV-99 CHUNKS LAKESHORE AUTO 72.82 OIL CHG, CK HD LGHTS 1183 60145 04-Nov-99 CHUNKS LAKESHORE AUTO 144.42 OIL CHG, RPL INDCTR 1180 t 5 Nov 1999 Fri 10:56 AM Check Register City of Orono Check Number Date Name Check Number 60145 60145 60145 60145 60145 CHUNKS LAKESHORE AUTO 04-NOV-99 04-NOV-99 04-NOV-99 04-NOV-99 CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESi.ORE AUTO Totals Check Number Check Number 60145 CHUNKS LAKESHORE AUTO 60146 CITY OF LONG LAKE Check Nuriber 60148 CITY OF PLYMOUTH 60148 04-NOV-99 CITY OF PLYMOUTH Totals Check Number 60148 CITY OF PLYMOUTH Check Number 60149 CITY OF WAYZATA 60149 05-NOV-99 CITY OF WAYZATA Totals Check Number 60149 CITY OF WAYZATA Check Number 60150 CYS UNIFOP-MS 60150 04-Nov-99 CYS UNIFORMS Totals Check Number 60150 CYS UNIFORMS Check Number 60151 DCA - WIRE ONLY Transaction Amount 156.72 78.47 13.50 83.47 1,888.79 557,514.71 557,514.71 3,492.32 3,492.32 Page 3 Comments OIL CHG,RPR WIRE 8132 OIL CHG,FTR ALIGN 8135 TIRE RPR 8179 OIL CHG,TIRES 8173 60146 04-NOV-99 CITY OF LONG LAKE 28,912.00 4TH QTR FIRE PROTECTION Totals Check Number 60146 CITY OF LONG LAKE 28,912.00 Check Number 60147 CITY OF ORONO PETTY CASH 60147 04-Nov-99 CITY OF ORONO PETTY CASH 6.50 BAL OF LICEN<'.'‘ :^EW TRK 60147 04-Nov-99 CITY OF ORONO PETTY CASH 8.29 POLICE PETTY C.^SH 60147 04-NOV-99 CITY OF ORONO PETTY CASH 14.73 POLICE PETTY CASH 60147 04-Nov-99 CITY OF ORONO PETTY CASH 1.69 POLICE PETTY CASH 60147 04-NOV-99 CITY OF ORONO PETTY CASH 22.37 FRANKLIN PLAN SUPPLIES 60147 04-NOV-99 CITY OF ORONO PETTY CASK 3.19 POSTAGE 60147 04-NOV-99 CITY CF ORONO PETTY CASH 11.70 MODEM CABLE 60147 04-NOV-99 CITY OF ORONO PETTY CASH 8.00 GAS - POWER OUTAGE 60147 04-NOV-99 CITY OF ORONO PETTY CASH 51.33 KITCHEN SUPPLIES 60147 04-Nov-99 CITY OF ORONO PETTY CASH 0.63 PMT 49631-SHORT PAID 60147 04-Nov-99 CITY OF ORONO PETTY CASH 22.78 ROLLS FOR MEETING Totals Check Number 60147 CITY OF ORONO PETTY CASH 151.21 123.90 123.90 FRNDALE RD-MSA 152-110-01 3RD QTR 99 WATER UNIFORM PANTS-WITTKE - 5 Nov 1999 Fri 10:56 AH Check Register City of Orono Check Number Date Name Check Number 60151 60151 DCA - WIRE ONLY 04-Nov-99 DCA - WIRE 0N1Y Totals Check Number 60151 DCA - WIRE ONLY Check Number 60152 E-Z RECYCLING 60152 04-Nov-99 E-Z RECYCLING Totals Check Number 60152 E-Z RECYCLING Check Number 60153 EARL F. ANDERSON k ASSCC 60153 05-NOV-99 EARL F. ANDERSON k ASSOC Totals Check Number 60153 EARL F. ANDERSON k ASSOC Check NuR^er 60154 EAST SIDE BEVERAGE 60154 05-NOV-99 EAST SIDE Br*iRAGE Totals Check Number 60154 EAST SIDE BF/ZRAGE Check Number 60155 ENGINEERING CONTACTS 60155 04-Nov-99 ENGINEERING CONTACTS Totals Check Number 60155 ENGINEERING CO.'rTACTS Check Number 60156 ESS BROTHERS k SONS 60156 60156 04-NOV-99 04-Nov-99 ESS BROTHERS k SONS ESS BROTHERS k SONS Totals Check Number 60156 ESS BROTHERS k SONS Check NuR^er 60157 FEDEX 60157 04-NOV-99 FEDEX Totals Check Number 60157 FEDEX Check Number 60158 FLOYD TOTAL SECURITY 60158 04-Nov-99 FLOYD TOTAL SECURITY Totals Check Number 6015B FLOYD TOTAL SECURITY Check Number 60159 FRANKLIN PRESS INC Transaction Amount 1,929.16 1,929.16 5,697.72 5,697.72 469.03 469.03 36.45 36.45 68.80 68.80 2,534.70 234.30 2,769.00 5.50 5.50 159.65 159.65 Page 4 Comments SPEND ACCT - WK END 10/29 RECYCLING 10/99 PARK SIGNS BEER FOR RESALE SCAN TO PLOT RINGS, SEALS - 161 SEALS - I6I DELIVERY - FLINT REPAIR MONITOR 5 Nov 1999 Fri 10:56 AM Check Number Check Number 60159 Check Register City of Orono Date Name 60159 FRANKLIN PRESS INC 04-NOV-99 FRANKLIN PRESS INC Totals Check Number 60159 FRANKLIN PRESS INC Check Number 60160 G & K SERVICES Check Number 60161 60161 GAPPA, GREG 04-Nov-99 GAPPA, GREG Totals Check Number 60161 GAPPA, GREG Check Number 60162 GOLF CAR MIDWEST 60162 05-NOV-99 GOLF CAR MIDWEST Totals Check Number 60162 GOLF CAR MIDWEST Check Number 60163 GOPHER STATE ONE-CALL INC. 60163 60163 04-NOV-99 04-NOV-99 GOPHER STATE ONE-CALL INC GOPHER STATE ONE-CALL INC Totals Check Number 60163 GOPHER STATE ONE-CALL INC. Check Number 60164 GREGORY E. KELLER P.A. 60164 05-NOV-99 GREGORY E. KELLER P.A. Totals Check Number 60164 GREGORY E. KELLER P.A. Check Number 60165 HAWKINS WATER TREATMENT GROUP 60165 OS-Nov-99 HAWKINS WATER TREATMENT GROUP Totals Check Number 60165 HAWKINS WATER TREATMENT GROUP Transirtion Arc’ont 2, :-“.40 2. :i“.40 •3.10 •3.10 •=.55 •=.55 :-:.75 3-.75 “3.50 :.oo : .00 2.34 2.34 Page 5 Comments FALL NEWSLETTER 60160 04-NOV-99 G &K SERVICES ’=.39 UNIFORMS 60160 04-NOV-99 G k K SERVICES 3 3.88 TOWEL SERVICE 60160 04-Nov-99 G k K SERVICES 3.52 U!:iFORM -STEFFENHAGEN 60160 04-NOV-99 G k K SERVICES 14.02 UNIFORM -RATHBUN 60160 04-Nov-99 G fit K SERVICES 14.02 L*NIFORM -RA7HBUN 60160 04-NOV-99 G fit K SERVICES “4.66 UNIFOR.MS 60160 04-NOV-99 G fit K SERVICES = .52 lt;iform -STEFFENHAGEN 60160 04-NOV-99 G fit K SERVICES -1==.33 CREDIT ON ACCOUNT 60160 04-Nov-99 G fit K SERVICES S.52 UNIFORM -STEFFENHAGEN Totals Check Number 60160 G fit K SERVICES “:.2o MILEAGE REIMBURSEMENTS REPAIR GOLF CART SEPTEMBER LOCATES SEPTEMBER LOCATES CRTIFIED COPY OF ORDER FLOURINE/CHLORINB L 5 Nov 1999 Fri 10:56 AM Check Register City of Orono Check Number Date Name Check Number 60166 60166 HENNEPIN COUNTY SHERIFF 04-Nov-99 HENNEPIN COUNTY SHERIFF Totals Check Number 60166 HENNEPIN COUNTY SHERIFF Check Number 60167 HENNEPIN COUNTY TREAS. 60167 04-Nov-99 HENNEPIN COUNTY TREAS. Totals Check Number 60167 HENNEPIN COUNTY TREAS. Check Number 60168 HENNEPIN COUNTY TREASURER-GEN 60168 04-Nov-99 HENNEPIN COUNTY TREASURER-GEN Totals Check Number 60168 HENNEPIN COUNTY TREASURER-GEN Check Number 60169 INTOXIMETERS 60169 04-NOV-99 INTOXIMETERS Totals Check Number 60169 INTOXIMETERS Check Number 60170 J a R REFRIGERATION 60170 05-NOV-99 J & R REFRIGERATION Totals Check Number 60170 J a R REFRIGERATION Check Number 60171 KENNETH N. POTTS, PA 60171 05-NOV-99 KEriNETH N. POTTS, PA Totals Check Number 60171 KENNETH N. POTTS, PA Check Number 60172 LOGIS 60172 05-NOV-99 LOGIS Totals Check Number 60172 LOGIS Check Number 60172 LONG LAKE TRACTOR EQUIPMENT 60173 60173 60173 04-NOV-99 04-Nov-99 04-NOV-99 LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT Totals Check Number 60173 LONG LAKE TRACTOR EQUIPMENT Transaction Amount 222.34 222.34 203.00 203.00 46.87 46.87 320.15 330.15 183.00 183.00 2,291.66 2,291.66 958.41 958.41 83.79 11.01 29.35 124.15 Page 6 Comments BOOKIN CHGS 9/99 CTY D-BASE-GOVERN SOrTWRE RM AND BOARD - 9/99 ALCO SENSOR III CHECK & CLEAN FURNACE PROSECUTION SRVCS 10/99 PIMS APPLIC SEPT SUPPLIES SUPPLIES SUPPLIES 5 Nov 1999 Fri 10:56 AM Check Number Check Number 60174 Check Register City of Orono Page 7 Date Name 60174 MAGIC CLEANERS 04-Nov-99 MAGIC CLEANERS Totals Check Number 60174 MAGIC CLEANERS Check Number 60175 60175 60175 MET COUNCIL ENVIRONMENTAL SER 04-Nov-99 04-NOV-99 MET COUNCIL ENVIRONMENTAL SER MET COUNCIL ENVIRONMENTAL SER Totals Check Number 60175 MET COUNCIL ENVIRONMENTAL SER Check Number 60176 MEYER, WILLIAM 60176 04-Nov-99 MEYER, WILLIAM Totals Check Number 60176 MEYER, WILLIAM Check Number 60177 MIDWEST ASPHALT 60177 60177 04-Nov-99 04-NOV-99 MIDWEST ASPHALT MIDWEST ASPHALT Totals Check Number 60177 midwest ASPHALT Check Number 60178 MINN COMM 60170 04-NOV-99 MINN COMM Totals Check Number 60178 MINN COMM Check Number 60179 MINNEAPOLIS COM k TECH COLLEGE Transaction Amount 6.66 6.66 3,150.00 -31.50 3,118.50 175.00 175.00 88,000.00 18,293.43 106,293.43 Check Number 60180 MINNEAPOLIS OXYGEN COMPANY 60180 04-Nov-99 MINNEAPOLIS OXYGEN COMPANY Totals Check Number 60180 MINNEAPOLIS OXYGEN COMPANY Check Number 601H1 MINNEGASCO 60101 05-NOV-99 MINNEGASCO 4.34 4.34 Comments BLANKET SAC CHARGES 9/99 ADM CHRG 9/99 FIRE ALM SCHOOL 13.50 13.50 STREET OVERLAYS 1999 STREET OVERLAYS TAXES - PAGERS 60179 04-NOV-99 MINNEAPOLIS COM k TECH COLLEGE 285.00 FLD OFF TRNG - FISCHER 60179 04-NOV-99 MINNEAPOLIS COM k TECH COLLEGE 285.00 FLD OFF TRNG - MCNALLY 60179 04-NOV-99 MINNEAPOLIS COM k TECH COLLEGE 195.00 GRND FGHTING - TOMCHECK Totals Check Number 60179 MINNEAPOLIS COM k TECH COLLEGE 765.00 MEDICAL OXYGEN 243.00 GAS SERVICE 5 Nov 1999 Fri 10:56 Check Number Date Name Check Number 60181 MINNEGASCO 60181 OS-Nov-99 MINNEGASCO 60181 05-NOV-99 MINNEGASCO 60181 OS-Nov-99 MINNEGASCO 60181 OS-Nov-99 MINNEGASCO Check Register City of Orono Page 8 Totals Check Number 60181 MINNEGASCO Check Number 60182 MN APA 60182 05-NOV-99 MN APA Totals Check Number 60182 MN APA Check Number 60183 MN STATE TREASURER 60183 60183 04-Nov-99 04-NOV-99 MN STATE TREASURER MN STATE TREASURER Totals Check Number 63183 MN STATE TREASURER Check Number 60184 MOROWCZYNSKI, JIM 60184 OS-Nov-99 MOROWCZYNSKI. JIM Totals Check Number 60184 MOROWCZYNSKI, JIM Check Number 60185 NCPERS GROUP LIFE INS 60185 05-NOV-99 NCPERS GROUP LIFE INS Totals Check Number 60185 NCPERS GROUP LIFE INS Check Number 60186 NORTH STAR TURF 60186 OS-Nov-99 NORTH STAR TURF Totals Check Number 60186 NORTH STAR TURF Transaction Amount 180.00 180.00 4,346.46 -173.86 4,172.60 45.04 45.04 108.00 108.00 16.79 16.79 Comments 9.28 GAS SERVICE 19.60 GAS SERVICE 16.03 GAS SERVICE 84.20 GAS SERVICE 372.11 CONF REG - BOTTENBERG SURCHARGE 9/99 ADM CHARGE 9/99 PRKING/MEALS-TRAINING PERA LIFE - 11/99 WIRE STUD Check Number 60187 NSP 60187 05-NOV-99 NSP 1,257.14 STREET LIGHTING 10/99 60187 OS-Nov-99 NSP 537.66 ELECTRICAL SERVICE 60187 OS-Nov-99 NSP 439.91 ELECTRICAL SERVICE 60187 OS-Nov-99 NSP 9.42 ELECTRICAL SERVICE 60187 05-NOV-99 NSP 134.65 ELECTRICAL SERVICE 60187 OS-Nov-99 NSP 23.28 ELECTRICAL SERVICE 1 5 Kov 1999 Fri 10:56 AM Check Register City of Orono Page 9 Check Number Date Name Check Number 60187 60187 60187 60187 NSP OS-Nov-99 05-NOV-99 OS-Nov-99 NSP NSP NSP Totals Check Number 60187 NSP Totals Check Number 60188 OFFICE DEPOT Check Number 60189 OMAN, LYLE Transaction Amount Comments 2,977.i»l 1,064.88 509.22 ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE 6,954.07 Check Number 60188 OFFICE DEPOT 60168 04-NOV-99 OFFICE DEPOT 186.75 OFFICE SUPPLIES 60168 04-NOV-99 OFFICE DEPOT 228.26 OFFICE SUPPLIES 60188 04-Nov-99 OFFICE DEPOT 228.44 KEYBOARD TRAY 60188 04-Nov-99 OFFICE DEPOT 25.03 STACKING CHAIRS 60188 04-NOV-99 OFFICE DEPOT 35.19 OFFICE SUPPLIES 60188 04-NOV-99 OFFICE DEPOT 43.03 OFFICE SUPPLIES 60188 04-Nov-99 OFFICE DEPOT 2.47 WIPES 60188 04-NOV-99 OFFICE DEPOT 47.98 OFFICE SUPPLIES 60188 04-Nov-99 OFFICE DEPOT 58.65 OFFICE SUPPLIES 855.80 60189 04-NOV-99 OMAN, LYLE 27.39 MILEAGE REIM 60189 04-NOV-99 OMAN, LYLE 28.05 MILEAGE REIM 60189 04-NOV-99 OMAN, LYLE 30.36 MILEAGE REIM Totals Check Number 60189 OMAN, LYLE 85.80 Check Number 60190 PAGENET 60190 04-NOV-99 PAGENET 1,373.97 ANNUAL PAGER SERVICE Totals Check Number 60190 PAGENET 1,373.97 Check Number 60191 PERA 60191 05-NOV-99 PERA 141.64 ADDITIONAL AMOUNT Totals Check Number 60191 PERA 141.64 Check Number 60192 PERSONNEL DECISIONS 60192 04-NOV-99 PERSONNEL DECISIONS 40.00 QUESTIONAIRE-NEW P-OSITION Totals Check Number 60192 PERSONNEL DECISIONS 40.00 Check Number 60193 PIONEER 60193 05-NOV-99 PIONEER 230.09 WTR SYS REPORT 5 Nov 1999 Fri 10:S6 AM Check Register City of Orono Page 10 Check Transaction Number Date Name Amount Comments Check Number 60193 PIONEER 60193 05-NCV-99 PIONEER 39.55 ORDINANCE 192 60193 05-NOV-99 PIONEER 66.51 APPLICATIONS 60193 05-NOV-99 PIONEER 21.57 APPLICATION 2535 60193 05-NOV-99 PIONEER 36.99 AEULT USE ORDINANCE 60193 05-NOV-99 PIONEER 46.24 PROP REV-ZONING CODE 10.5 60193 05-NOV-99 PIONEER 21.57 PRO ADULT USE ORD 60193 05-NOV-99 PIONEER 73.69 APPLICATIONS 60193 05-NOV-99 PIONEER 23.36 APPLICATION 2550 60193 05-NOV-99 PIONEER 21.57 APPLICATION 2552 Totals Check Number 60193 PIONEER 581.13 Check Number 60194 POWERCLEAN COMPANY INC. 60194 04-NOV-99 POWERCLEAN COMPANY INC.931.35 JANITORIAL SERVICE 10/99 60194 04-Nov-99 POWERCLEAN COMPANY INC.762.00 JANITORIAL SERVICE 10/99 Totals Check Number 60194 POWERCLEAN COMPANY INC.1,C93.35 Check Number 60195 PRECISION BUSINESS SYSTEMS 60195 OS-Nov-99 PRECISION BUSINESS SYSTEMS 373.77 NORCCM DICTATION MACH Totals Check Number 60195 PRECISION BUSINESS SYSTEMS 373.77 Check Number 60196 RC IDENTIFICATIONS 60196 04-NOV-99 RC IDENTIFICATIONS 3.73 ID CARD - JENSEN Totals Check Number 60196 RC IDENTIFICATIONS 3.73 Check Number 60197 RDO FINANCIAL SERVICES 60197 05-NCV-99 RDO FINANCIAL SERVICES 19.78 EQUIP PARTS Totals Check Number 60197 RDO FINANCIAL SERVICES 19.78 Check Number 60193 REED VENDING 60198 05-NOV-99 REED VENDING 57.00 CCNCESSICNS FOR RESALE Totals Check Number 60190 REED VENDING 57.00 Check Number 60199 RETTINGER BROS OIL CO. 60199 04-NCV-99 RETTINGER BROS OIL CO.7.55 GASOLINE Totals Check Number 60199 RETTIN3ER BROS OIL CO.7.55 n: f i 5 Nov 1999 Fri 10:56 AM Check Register City of Orono Page 11 Check Number Date Name Check Number 60200 60200 RITZ CAMERA 04-Nov-99 RITZ CAMERA Totals Check Number 60200 RITZ CAMERA Check Number 60201 RUFFRIDGE JOHNSON 60201 04-Nov-99 RUFFRIDGE JOHNSON Totals Check Number 60201 RUFFRIDGE JOHNSON Check Number 60202 SENIOR COMMUNITY SERVICES 60202 04-Nov-99 SENIOR COMMUNITY SERVICES Totals Check Number 60202 SENIOR COMMUNITY SERVICES Check Number 60203 SPEEDWAY SUPERAMERICA LLC 60203 04-Nov-99 SPEEDWAY SUPERAMERICA LLC Totals Check Number 60203 SPEEDWAY SUPERAMERICA LLC Transaction Amount Comments 38.31 38.31 PHOTO PROCESSING 20,000.00 20,000.00 PART PMT-PATCH TRK BOX 3,507.00 3,507.00 4TH QTR - SENIOR SRVCS 22.03 22.03 FUEL - 7/9/99-NEW SYSTEM Check Number 60204 STREICHERS 60204 05-NOV-99 STREICHERS 79.95 RAIN JACKET-ANDERSON 60204 05-NOV-99 STREICHERS -11.59 RETURN 60204 05-NOV-99 STREICHERS 49.39 GLOVES, MAG HLDR-FICSHEN 60204 C5-NOV-99 STREICHERS 103.69 FLASHER 60204 05-NOV-99 STREICHERS 74.90 SWEATER, PANTS-FISCHER 60204 05-NOV-99 STREICHERS 5.33 EAR PLUGS 60204 05-NOV-99 STREICHERS 207.32 RAIN JACKET,FLASHLGHT-BOR 60204 05-NOV-99 STREICHERS 29.66 NAME TAG, FLSLGT HLDR-BOR 60204 05-NOV-99 STREICHERS 24.95 GLOVES - ANDERSON 60204 05-NOV-99 STREICHERS 70.90 SWEATER Totals Check Number 60204 STREICHERS 634.50 Check Number 60205 TEMPORARIES-TO-GO 60205 04-NOV-99 TEMPORARIES-TO-GO 452.25 TEMP HELP WK END 10/24/99 60205 04-NOV-99 TEM PORARIES-TO-GO 492.75 TEMP HELP-WK END 10/31/99 Totals Check Number 60205 TEMPORAP.IES-TO-GO 945.00 Check Number 60206 THE SIGN -^GE 60206 05-NOV-99 THE SIGN AGE 34.08 DECAL-CITY OF ORONO Totals Check Number 60206 THE SIGN AGS 34.08 5 Nov 1999 Check Register Page 12 Fri 10:56 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 60206 THE SIGN AGE Check Number 60207 TCMCHECK.LARRY 60207 04-NOV-99 TOMCHECK. LARRY 50.00 ASLET MEMBERSHIP Totals Check Number 60207 TOMCKECK, LARRY Check Number 60200 TRACY TRIPP FUELS 60208 60203 60208 05-NOV-99 05-NOV-99 OS-Nov-99 Totals Check Number Check Number 6021 60209 60209 OS-Nov-99 OS-Nov-99 Totals Check Number Check Number 60210 US WEST COMMUNICATIONS Check Nun^er 60211 wesley bendickson 60211 04-Nov-99 WESLEY BENDICKSON Totals Check Nurijer 60211 WESLEY BENDICKSON Check Number 60212 WESTSIDE EQUIPMEliT 60212 04-NOV-99 WESTSIDE EQUIPMENT Totals Check Number 60212 WESTSIDE EQUIPMENT Check Number 60213 60213 WOLF. LANETTE 04-Nov-99 WOLF. LANETTE 50.00 TRACY TRIPP FUELS 2.620.54 UNLEADED/DIESEL TRACY TRIPP FUELS 1.659.0C UNLEADED TRACY TRIPP FUELS 1.940.VI UNLEADED/DIESEL 60208 TRACY TRIPP FUELS 6.220.25 K SERVICES TRI-K SERVICES 416.30 BLACK DIRT TRI-K SERVICES 220.93 BLACK DIRT 60209 TRI-K SERVICES 645.23 60210 05-NOV-99 US WEST COMMUNICATIONS 54.24 PHONE SERVICE 60210 05-NOV-99 US WEST COMMUNICATIONS 45.24 PHONE SERVICE 60210 05-NOV-99 US WEST COMMUNICATIONS 949.76 PHONE SERVICE 60210 05-NOV-99 US WEST COM.MUNICATIONS 31.66 PHONE SERVICE 60210 05-NOV-99 US WEST COMMUNICATIONS 73.07 PHONE SERVICE 60210 05-NOV-99 US WEST COMMUNICATIONS 61.17 PHONE SERVICE 60210 05-NOV-99 US WEST COMMIT I CAT IONS 202.30 DIRECTORY ADV Totals Check Number 60210 US WEST COMMUNICATIONS 1.418.24 3.000.00 3.000.00 12.00 12.00 125.00 SAGA HILL RD k LOT TIRE REPAIR CC MINUTES 10/11/99 5 Nov 1999 Fri 10:56 AM Check Register City of Orono Page 13 Check Number Date Name Check Number 60213 WOLF, LANETTE Totals Check Number 60213 WOLF, LANETTE Check Number 60214 WRIGHT HENNEPIN ELECTRIC Transaction Amount 125.00 Comments 60214 05-NOV-99 WRIGHT HENNEPIN ELECTRIC 9.00 ELECTRICAL SERVICE 60214 05-NOV-99 WRIGHT HENNEPIN ELECTRIC 23.77 ELECTRICAL SERVICE Totals Check Number 60214 WRIGHT HENNEPIN ELECTRIC 32.77 Check Number 60215 YOUNG, JACKIE 60215 05-NOV-99 YOUNG,JACKIE 150.00 PARK COMM 10/4/99 60215 C5-NOV-99 YOUNG,JACKIE 150.00 CONS COMM 10/7/99 60215 05-NOV-99 YOUNG,JACKIE 175.00 PLNNG COM 10/10/99 60215 05-NOV-99 ycl7;g.JACKIE 175.00 CITY CUNCIL 10/25/99 60215 05-NOV-99 YOUNG,JACKIE 150.00 CONS COMM 10/21/99 Totals Check Number 60215 YOUNG,JACKIE 800.00 Check Number 60216 ZARNOTH BRUSH WORKS 60216 05-NOV-99 ZARNOTH BRUSH WORKS 557.26 BROOMS FOR SWEEPER Totals Check Number 60216 ZARNOTH BRUSH WORKS 557.26 Grand Total 700,897.40 5 Nov 1999 Fri 10:56 AM Check Register City of Orono Page 14 Finance User Initials RJO Friday 5 November 1999 10:55 AM Start 10:56 AM Finish Buffer Name History Records Read Records Selected Number of Pages 1288 187 14 Selected by Check/receipt Date Equal To 08-NOV-99 Sorted by Check Number Totals No Page Breaks i=aa4Cfa>tfZ«iasai 3 Nov 1999 Wed 9:30 AM Check Register City of Orono Check Number Employee Name Check Number 046744 046744 JOHNSON, MARY ANN Totals Check .' umber 046744 Check Number 046745 046745 BERRY, HEIDI N Totals Check Number 046745 Check Number 346746 046746 HASEMAN, CAROLE A. Totals Check Number 046746 Check Number 046747 046747 MOORSE, RONALD J. Totals Check Number 046747 Check Number 046748 046748 VEE, LINDA S. Totals Check Number 046748 Check Number 046749 046749 KUEHN, THOMAS M. Totals Check Number 046749 Check Number 046750 046750 OLSON. RONALD J. Totals Check Number 046750 Check Number 046751 046751 PETTIT. SANDRA K. Totals Check Number 046751 Check Number 046752 Check Date 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-Nov-99 03-NOV-99 Page 1 Check Amount 511.25 511.25 697.70 697.70 696.32 696.32 1.567.06 1.567.06 1.072.10 1.072.10 1.019.22 1.019.22 28.53 28.53 819.66 819.66 3 Nov 1999 Wed 9:30 AM Check Register City of Orono Check Number Employee Name Check Number 046752 046752 ANDERSON, BRUCE L Totals Check Number 046752 Check Number 046753 046753 BOBZIEN, SUE A. Totals Check Number 046753 Check Number 046754 046754 BORIS, SCOTT W. Totals Check Number 046754 Check Number 046755 046755 CARLSON, MICHAEL B. Totals ChwTk r’umber 046755 Check Number 046756 046756 CHESWICK, GARY B. Totals Check Number 046756 Check Number 046757 046757 CORNICK, JAMES L. Totals Check Number 046757 Check Number 046758 046750 DEMBOUSKI, JAY C. Totals Check Number 046758 Check Number 046759 046759 ERICKSON, KURT R Totals Check Number 046759 Check Number 046760 046760 FARNIOK, CORREY L. Check Date 03-NOV-99 03-NOV-99 03-Nov-99 03-Nov-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 Page 2 Check Amount 536.70 536.70 690.04 690.04 1,241.48 1,241.48 133.91 133.91 1,519.16 1,519.16 1,496.82 1,496.82 1,290.06 1,290.06 1,290.96 1,290.96 1,395.76 3 Nov 1999 Wed 9:30 AM Check Number Employee Name Check Number 046760 Totals Check Number 046760 Check Number 0467»ii 046761 FISCHENICH, DAN T Totals Check Number 046761 Check Number 046762 046762 FISCHER, CHRISTOPHER K. Totals Check Number 046762 Check Number 046763 046763 JOHNSON, JEFPREV Totals Check Number 046763 Check Number 046764 046764 JOHNSON, BRADLEY P. Totals Check Number 046764 Check Register City of Orono Page 3 Check Number 046765 046765 KADSON, ADRIENNE M. Totals Check Number 04676S Check Number 046766 046766 MCNALLY, STEVEN A. Totals Check Number 046766 Check Number 046767 046767 MCNICHOLS, DAVID L. Totals Check Number 046767 Check Number 046768 Check Date 03-NOV-99 03-NCV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 Check Amount 1,395.76 1,165.01 1,165.01 1,180.32 1,180.32 806.54 806.54 1,212.26 1,212.26 466.96 466.96 1,072.50 1,072.50 591.78 591 78 046768 M0R0WC2YNSKI, JAMES 03-NOV-99 1,706.84 3 Nov 1999 Wed 9:30 AM Check Number Employee Name Check Register City of Orono Check Date Page 4 Check Amount Check Number 046768 Totals Check Number 046768 Check Number 046769 046769 PERSELL, WILLIAM R. Totals Check Number 046769 Check Number 046770 046770 SCHOENKOFF, JOHN B. Totals Check Number 046770 Check Number 046771 046771 TOMCHECK, LAWRENCE F. Totals Check Number 046771 Check Number 046772 046772 TOMCZYK, MARK W. Totals Check Number 046772 Check Number 046773 046773 WITTKS, ANTHONY A. Totals Check Number 046773 Check Number 046774 046774 HOECHST. ROBYN A. Totals Check Number 046774 Check Number 046775 046775 JENSEN, CHRISTOPHER E. Totals Check Number 046775 Check Number 046776 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-Nov-99 1,706.84 384.35 384.35 1,303.62 1,303.62 522.05 522.05 1,284.62 1,284.62 344.23 344.23 572.24 572.24 291.55 291.55 > ■V A; ‘-Si ■f''. 046776 BOTTEN3SRG, WENDY C. Totals Check Number 046776 03-Nov-99 ^*^2.81 992.81 3 Nov 1999 Wed 9:30 AM Check Register City of Orono Check Number Employee Name Check Number 046776 Check Number 046777 046777 DAVIS, MARK L. Totals Check Number 046777 Check Number 046778 046778 GAFFRON, MICHAEL P. Totals Check Number 046776 Check Number 046779 046779 GAPPA, GREGORY A. Totals Check Number 046779 Check Number 046780 046780 MEYER, WILLIAM C. Totals Check Number 046780 Check Number 046781 046781 OMAN, LYLE E. Totals Check Number 046781 Check Number 046782 046782 PENCE, CHRISTOPHER M. Totals Check Number 046782 Check Number 046783 046783 WEINBERGER, PAUL E. Totals Check Number 046783 Check Number 046784 046784 BRINKHAUS, JOHN F. Totals Check Number 046784 Check Date 03-Nov-99 03-Nov-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 Page 5 Check Amount 939.65 989.65 1,168.59 1,168.59 1,569.51 1,569.51 383.44 383.44 315.34 315.34 782.02 782.02 1,064.02 1,064.02 1,121.74 1,121.74 4 3 Nov 1999 Wed 9:30 AH Check Number Employee Name Check Number 046785 046785 DEBAERE, DONALD L. Totals Check Number 046785 Check Register City of Orono Page 6 Check Number 046786 046786 GREGORY, JAMES D. Totals Check Number 046786 Check Number 046787 046787 HANSEN, STEVEN C. Totals Check Number 046787 Check Number 046788 046788 OBERAIGNER, SCOTT G. Totals Check Number 046788 Check Number 046789 046789 OBRIEN, RANDY L. Totals Check Number 046789 Check Number 046790 046790 PALMER, GREGORY A. Totals Check Number 046790 Check Number 046791 046791 RATHDUN, BARRY J. Totals Check Number 046791 Check Number 046792 046792 SKREEN, DALE S. Totals Check Number 046792 Check Number 046793 Check Date 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 Check Amount 1,071.24 1,071.24 591.57 591.57 654.01 654.01 620.63 620.63 224.78 224.78 775.74 775.74 935.07 935.07 642.99 642.99 046793 ABRAHAMSON, FRED W 03-NOV-99 185.08 3 Nov 1999 Wed 9:30 AM Check Register City of Orono Check Number Employee Name Check Number 046793 Totals Check Number 046793 Check Number 046794 046794 BLAIR. JANIS A. Totals Check Number 046794 Check Number 046795 046795 DOCKEN, THOMAS W. Totals Check Number 046795 Check Number 046796 046796 MCINTYRE. WILLIAM E. Totals Check Number 046796 Check Number 046797 046797 PETERSON, JACK W. Totals Check Number 046797 Check Number 046798 046798 RAICHE, VICTORIA H. Totals Check Number 046798 Check Number 046799 046799 ROSS. JOHN A. Totals Check Number 046799 Check Number 046330 046800 STEFFENHAGEN. RONALD E Totals Check Number 046800 Grand Total Check Date 03-NOV-99 03-NOV-99 03-Nov-99 03-NOV-99 03-NOV-99 03-NOV-99 03-NOV-99 Page 7 Check Amount 185.08 168.33 168.33 491.57 491.57 174.93 174.93 60.21 60.21 30.50 30.50 106.33 106.33 1.097.20 1.097.20 45,128.90 3 Nov 1999 Wed 10:36 AM Check Number Check Number 60116 Check Register City of Orono Page 1 Date Name 60116 CITY COUNTY CREDIT UNION 03-Nov-99 CITY COUNTY CREDIT UNION Totals Check Number 60116 CITY COUNTY CREDIT UNION Check Number 60117 60117 60117 60117 FIRST NATIONAL BANK OF LAKES 03-NOV-99 03-NOV-99 03-NOV-99 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 60117 FIRST NATIONAL BANK OF LAKES Check Number 60118 ICMA RETIREMENT TRUST - 457 60118 03-Nov-99 ICMA RETIREMENT TRUST - 457 Totals Check Number 60118 ICMA RETIREMENT TRUST - 457 Check Number 60119 LAW ENFORCMENT LABOR SERVICE 60119 03-Nov-99 LAW ENFORCMENT LABOR SERVICE Totals Check Number 60119 LAW ENFORCMENT LABOR SERVICE Check Number 60120 MINNESOTA CHILD SUPPORT PMT CT 60120 03-Nov-99 MINNESOTA CHILD SUPPORT PMT CT Totals Check Number 60120 MINNESOTA CHILD SUPPORT PMT CT Check Number 60121 MN DEPT OF REVENUE Check Number 60123 60123 PEBSCO/OBRA 03-Niv-99 PEBSCO/OBRA Transaction Amount 6,539.00 6,539.00 3,467.90 3,467.90 8,372.32 15,308.12 275.00 275.00 0.00 0.00 179.51 179.51 60121 03-N0V-99 MN DEPT OF REVENUE 3,249.51 Totals Check Number 60121 m DEPT OF REVENUE 3,249.51 Check Number 60122 ORCHARD TRUST CO.TRUSTEE/CUST 60122 03-NOV-99 ORCHARD TRUST CO. TRUSTEE/CUST 931.63 60122 03-NOV-99 ORCHARD TRUST CO. TRUSTEE/CUST 703.00 60122 03-NOV-99 ORCHARD TRUST CO. TRUSTEE/CUST 277.00 Totals Check Number 60122 ORCHARD TRUST CO. TRUSTEE/CUST 1,911.68 Comments SAVIN3S W/H & TRANSFEPJIZD FICA i .MEDICARE W/H FICA..MZDCR CITY SHARE FEDERAL WITHHOLDING defer ?j:d comp w/h UNION LUES WH skree:; #0010755723 STATE TAX W/H DEFCCMP-98995-01 DlsO DEF COM? DEF COMP 107.95 OBRA LEFERRED COMP W, H 3 Nov 1999 Wed 10:36 AM Check Number Date Name Check Number 60123 PEBSCO/OBRA Totals Check Number 60123 PEBSCO/OBRA Check Register City of Orono Page 2 Transaction Amount 107.95 Comments Check Number 60124 PEBSCO/US CONF OF MAYORS 60124 03-NOV-99 Totals Check Number PEBSCO/US CONF OF MAYORS 60124 PEBSCO/US CONF OF MAYORS 2.221.70 2.221.70 USCM DEFERRED COMP W/H Check Number 60125 PERA 60125 60125 03-NOV-99 03-NOV-99 Totals Check Number PERA PERA 60125 PERA 4,140.23 5,396.38 9,544.61 PERA EMPLOYEE W/H PERA CITY SHARE Check Number 60126 UNITED WAY 60126 03-NOV-99 Totals Check Number UNITED WAY 60126 UNITED WAY 31.00 31.00 CHARITY DONATIONS W/H Grand Total 39,418.08 1964 Park Avenue UngLake^MN. 55356 Long Lake Volunteer Fire Department October 20,1999 COUNCIL MEETING NOV 8 WW CITY OF ORONO Orono City Council Members Long Lake City Council Members Medina City Council Members , • Dear Sir or Madam: Hello and Happy Fall! Attached is a recap of the third quarter (of 1999) for the Long Lake Volunteer Fire Department As you can see, we continued our busy pace over the months of July, August and September. Some highlights for the quarter include: Engine 12 - All modifications were made, including the installation of Foam, and repainting the truck to “fire engine” red Engine 11 - Foam installation was completed on this vehicle. Ccrtificarions - Two of our team members, Greg VanBuren and Bob Cooper completed and passed their EMT training. This requires months of training and education and is a terrific achievement! One other thing worth note is our training hours. During the summer, we schedule training three Mondays a month, rather than the normal four per month. Our goal is to allow team members more person^family time. Thank you. in advance, for your continued parmership. Fire Chief, Long Lake Volunteer Fire Department Prevention Through Community Interaction t/wg I^kc 1‘irc Department 'Iliird Quarter 1999 Activities Medina Lake Region United Firefighters Second Call Planning (()ntccr’s) Relief Association Business 1 btal I lours Hours Trainings I lours Other Adivilies Hours Firc/Medicai/Rescuc Calit Hours Standby for Wayrata Orono Football Games Watertown Parade & prep. I lamel Parade & prep. Delano Parade & prep. I''irc Station Tours Total Hours 8 9 8 16 15 12 6 Strudure Fires 69 Saturdays/Evenings:Longl^ke 300 10 Cardiac Management 48 Station Clean-up I9 Mediiui 122 2 Fundraising 72 Engine Retrofitting 26 Mutual Aid 29 46 Physical Ability Testing 45 Com Days 210 Orono 830 65 (Wher Dept. Tcsts/Classcs 104 Soniiall Field Wet-down 2 Total Hours 1,281 H4 liMf Clas.ses 176 5K >Swiiii Medical Coviiragc lO 263 Total Hours 514 National Night Out 50 Bum Training prcpatalion 4 CPR Training for Boy Scouts 4 Private 1 lydrant 1't^ling lO 40J Hie tliird (pinrtcr continued a Iniiiy year for tlw dcpartiiKiit. Allliouglt lc.ns training was scheduled in order to allow the mcmlicts to enjoy tlic aununcr wcatlicf, call volume picked up to keep tlio total hours lelativcly constant. llie summer and early fall montlis brought some change to tlic department, lingine 12 was retrofitted for foam and other improvements and repainted (redl). Engine II was also retrontted for foam, lliestation was reorganized to allow the new utility (U-11), Rescue II,Engine II and Engine 12 to leave the station witliout moving other vehicles or equipment. Cooper and Van Buren completed their EMT training and passed the EMT certifkation esamination. Four memtias particiiwtcd in classes and training scssioas at llte St. Paul Fire Department. Volunteer activities included parades at I lamel, Delano and Watertown 'Hie Studclwkcr won best-in-class at Uic Wtitertown I'iic Muster poradel Other activities included providing medical coverage for Orono footlmll, tlie national SK swim at Nelson Beach, CPR training for the Boj- Scouts, the ti'-. '^and at Com Days, and assisting in the retrofitting of the two engines. Once again, the department assisted at National Night Out by grilling hot dogs and helping with the food and drinks. Ihe third quarter was a big quarter for calls witli 109 calls and i claied hours. Mutual aid was received from Wayzata and Map'e Plain for a house (Ire on County Road 6. Hamel and Delano also assisted by standir,^ K trt ihc l>ong l>akc and Maple Plain stations. Mutual aid was given to Way/ato twice during the quarter. The fourth quarter should cap olT a great year with the possibility of two house bums, one of them on Big Island. This should provide some good training with portable pumps and other depaitments/agcrKies. The final round of meetings for Lake Region Mutual Aid and United Firefighters will ooiKlude a good year with a lot of participation from our departineiit os well as the other departments in these organizations. Hose testing is scheduled for Cktober as wtII as medical training on dinlictic ancrgencic.s Ihc nniuinl meeting and election i>f ofliccrs will take place in Dcccmtwr and Ihc fust annual recognition awards will lie presented at tlic final business niecting of the year. r* REPORT NBR. BPRMTISS-1 DATE OF RUN 10/07/99 PERMIT TYPE Building SGL FAMILY-NEW SF-ADD/REMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL ACC/GARAGES Sub-total Mechanical HEATING SYSTEMS WOOD STOVE/FLUE FIREPLACE VENTILATION GAS LINE INSPECT REMOVE OIL TANK Sub-total Plumbing FIXTURES WATER METER VACUUM BREAKER UNDEFINED Sub-total Sewer & Water SEWER CONNECTION NEW SEPTIC SYSTE SAC ONLY SEWER REPAIR SEWER a WATER Sub-total Sign PER./FREE STANDG TEMPORARY Sub-total User Defined LAND ALTERATION LAWN SPRINKLER Sub-total Grand-total QTY 2 30 3 3 2 40* PERMIT ISSUED REPORT CITY OF ORONO SEPTEMBER l9^UNCILM6tllMO NOV 91999♦ * * ♦ * -- CURRENT RANGE - 09/01/99 - 09/30/99 CITY OF ORONO - - - PREVIOUS RANGE - 09/01/98 - 09/30/98 PAGE: 1 REQUESTER: CAROLE BASE FEE 4,188.30 11,614.60 302.00 180.00 1,035.00 17,319.90* VALUATION 593,000.00 1,303,988.00 13.250.00 0.00 74.300.00 1,984,538.00* PLAN REVIEW 2,722.40 5,193.67 181.02 0.00 672.75 8,769.84* QTY 1 35 7 1 2 46* BASE FEE 394.75 9,090.00 655.00 50.00 312.00 10,501.75* VALUATION 30,000.00 749,155.00 36.650.00 0.00 17.920.00 833,725.00* PLAN REVIEW 256.59 3,972.82 340.77 0.00 202.80 4,772.98* 10 1,385.17 109,213.00 0.00 2 166.25 11,900.00 0.00 2 70.00 900.00 0.00 0 0.00 0.00 0.00 7 394.39 28,350.85 0.00 8 300.00 13,320.00 0.00 0 0.00 0.00 0.00 2 70.00 1,925.00 0.00 3 105.00 1,400.00 0.00 1 35.00 525.00 0.00 2 70.00 2,800.00 0.00 2 70.00 2,500.00 0.00 24*2,024.56*142,663.85*0.00*15*641.25*30,170.00*0.00* 16 1,763.04 129,788.00 0.00 10 1,538.75 113,200.00 0.00 2 4,560.00 0.00 0.00 0 0.00 0.00 0.00 1 35.00 250.00 0.00 1 35.00 150.00 0.00 1 35.00 2,000.00 0.00 0 0.00 0.00 0.00 20*6,393.04*132,038.00*0.00*11*1,573.75*113,350.00*0.00* 2 70.00 0.00 0.00 4 140.00 0.00 0.00 5 435.00 0.00 0.00 9 900.00 0.00 0.00 3 3,150.00 0.00 0.00 6 7,000.00 0.00 0.00 1 35.00 0.00 0.00 1 35.00 0.00 0.00 1 70.00 0.00 0.00 0 0.00 0.00 0.00 12*3,760.00*0.00*0.00*too8,075.00*0.00*0.00* 0 0.00 0.00 0.00 1 74.75 2,500.00 0.00 2 70.00 0.00 0.00 0 0.00 0.00 0.00 2*70.00*0.00*0.00*1*74.75*2,500.00*0.00* 2 100.00 0.00 0.00 3 150.00 0.00 0.00 9 315.00 0.00 0.00 7 245.00 0.00 0.00 11*415.00*0.00*0.00*10*395.00*0.00*0.00* L09**29,982.50**2,259,239.85**8,769.84**103**21,261.50**979,745.00**4,772.98* REPORT NOR. BFEERPTl-1 DATE OF RUN 10/07/99 SEPTEMBER «**.* PERMIT FEE REPORT ***** CITY OF ORONO FROM 09/01/99 TO 09/30/99 1999 PAGE: 3 REQUESTER; CAROLE BUILDING MECHANICAL PLUMBING SEWER & WATER USER SIGN FIRE BASE FEE 17,319.90 2,024.56 6,393.04 3,760.00 415.00 70.00 0.00 PLAN REVIEW 0,769.84 0.00 0.00 0.00 0.00 0.00 0.00 SURCHARGE 994.36 72.70 67.37 4.50 4.50 0.00 0.00 Lie. SEARCH FEB 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INVESTIGATION 643.75 0.00 0.00 0.00 0.00 0.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MAIL IN FEE MAIL-IN FEE 3.00 8.85 3.00 6.00 3.00 • ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 27,727.85 2,109.11 6,469.41 3,764.50 422.50 70.00 0.00 REPORT NBR. BFEERPTl-1 DATE OF RUN 10/07/99 CITY OF FROM 09/01/99 REPORT ORONO TO 09/30/99 PAGE: 3 REQUESTER: CAROLE REPORT TOTAL BASE FEE 29,982.50 PLAN REVIEW 0,769.84 SURCHARGE 1,143.43 Lie. SEARCH FEE 0.00 SAC 0.00 INVESTIGATION 643.75 DEPOSIT 0.00 MAIL IN FEE MAIL-IN PEE 6.00 17.85 ESCROW 0.00 PERMIT TOTAL • « 40,563.37 % • THU, OCT 7, 1999, 7:54 AM PERMITS ISSUED FOR THE MONTH OF Slil’TliMBliK 1999 PAGE 1 PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR 41C ME 01 01 02 02 02 02 04 04 04 05 05 06 06 06 09 10 10 11 11 11 11 11 n •u 11 11 11 11 11 11 11 15 15 16 16 16 27 29 29 29 29 41C 01 01 01 01 01 01 01 01 01 02 02 4755 2755 25 521 910 2685 1453 1453 1453 3200 1310 4040 1550 4140 165 2620 2275 3775 3635 4495 2245 2220 2915 1270 945 2240 1640 3360 3231 460 2620 3460 DAYSIDE RD DEER RUN TR E BROWN RD S NORTH STREAM RD DAKOTA AVE PHEASANT RD PARK DR PARK DR PARK DR BAYSIDE RD REST PT LA NORTH SHORE DR NORTH ARM DR NORTH SHORE DR LUCE LINE RIDGE FOX ST LONGVIEW CIR BAYSIDE RD TOGO RD NORTH SHORE DR FRENCH LAKE RD BAYVIEW PL CASCO POINT RD WILDHURST TR FOREST ARMS LA SHADYWOOD RD SHADYWOOD RD SHORELINE DR CASCO CIR TONKAWA RD FOX ST LIVINGSTON AVE 405 OXFORD RD 110 DIG ISLAND 740 BIG ISLAND 885 FERNDALE RD W 1453 PARK DR 2695 COUNTRYSIDE DR W 1115 COX FARM RD 1251 BRIAR ST 005 FERNDALE RD W 2253 BAYVIEW PL G50 BROWN RD N 1453 PARK DR 3400 NORTH SHORE DR 2800 PHEASANT RD 905 FERNDALE RD W 140 CRYSTAL CREEK RD 4461 BAYSIDE RD ICO GOLDEN V’EW DR 5B0 NORTH ARM DR 4760 BAYSIDE RD 1 •0 ^ . - m lit' 99/09/28 OR- 99/09/24 OR- 99/09/09 OR- 99/09/14 OR- 99/09/16 OR- 99/09/22 OR- 99/09/14 OR- 99/09/21 OR- 99/09/14 OR- 99/09/01 OR- 99/09/09 OR- 99/09/01 OR- 99/09/14 OR- 99/09/17 OR- 99/09/30 OR- 99/09/29 OR- 99/09/29 OR- 99/09/07 OR- 99/09/08 OR- 99/09/08 OR- 99/09/09 OR- 99/09/09 OR- 99/09/15 OR- 99/09/15 OR- 99/09/16 OR- 99/09/22 OR- 99/09/22 OR- 99/09/21 OR- 99/09/24 OR- 99/09/24 OR- 99/0«>/27 OR- 99/O/07 OR- 99/09/27 OR- 99/09/20 OR 99/09/20 OR 99/09/23 OR 99/09/14 OR 99/09/02 OR 99/09/21 OR 99/09/24 OR 99/09/30 OR 011902 011917 011810 011841 011842 011901 011898 011899 011900 011776 011838 011811 011855 ■011872 •011873 -011923 -011924 -011823 -011827 -011831 -011839 -011840 -011865 -011868 -011878 -011903 -011904 -011906 -011918 -011919 -011920 -011820 -011914 -011890 -011891 -011907 -011863 -011818 -011848 -011916 -011929 99/09/02 OR- 99/09/07 OR- 99/09/08 OR- 99/09/09 OR- 99/09/15 OR 99/09/20 OR 99/09/20 OR 99/09/21 OR 99/09/21 OR 99/09/08 OR 99/09/10 OR 011819 01182G 011829 011834 011866 011B86 011887 011894 011395 011830 011044 ID NUMBER COMPANY SUPERIOR HOMES A DEV.,INC19710897 00000000 00000000 16705879 00000000 00000000 14751160 14751160 14751160 00000000 00000000 00000000 00000000 00000000 14901399 19299342 17216628 18695133 00000000 18238046 17170700 00000000 14719065 00000000 14726539 15410304 00000 ''<■ OOOOOOOU 00000000 17227129 14284559 00000000 00000000 00000000 00000000 19390808 14751160 14760874 18299377 00000000 19390808 00000000 COOOUOOO 35350194 36824390 35350194 3920J800 33157500 34522775 39296767 36332561 34405620 MICHAEL HOMES INC TAYLOR KATHERINE TAYLOR KATHERINE TAYLOR KATHERINE PAT HENRY'S PRESTIGE POOLS STILLWELL TED PANELCRAFT OP MINNESOTA CENTURY ROOFING SELA ROOFING SEAL GUARD SYSTEMS INC INCLINE ENTERRISES MITH W1 ROOFING ..rSTUPN CEDAR SUPPLY GARLOCK FRECH ROOFING CO TOP GUN ROOFING PARAGON DESIGNER & BLDRS TAYLOR KATHERINE CRAFTSMAN'S TOUCH SKYLINE ASSOCIATES PARAGON DESIGNER f. BI.DRS DEAN'S TANK OIL C&M PLUMBING HEATING/AC DEAN'S TANK OIL CRONSTROMS HTG & AC INC AUTOMATIC GARAGE DOOR CO ALLIANT HTG & A/C VOGT FRED & CO FIRESIDE CORNER VIERECK FIREPLACE SALES OWNER LAST NM VALUATION _ _ _ _ _ __ __ _....-- - - - - - - -- FRIEDIJVND 243.000. 00 350.000. 00 BITTMAN 50,000.00 DEVINE 67,750.00 STEINKE 8,000.00 HERBERT 12,500.00 BENTROTT 30,000.00 BENTROTT 44,300.00 BENTROTT 30,000.00 REZABEK 1,000.00 REINHART 3,000.00 DEGGENDORF 1,800.00 PELTOLA 1,920.00 KALLERUP 5,100.00 CHURCH 10,500.00 JAFFRAY 11,000.00 PUCHHOLZ 17,529.00 ;iOWLETTE 5,180.00 SCHOMMER 600.00 ANDERSON 11,900.00 BURNSVIK 36,450.00 MATSON 1,250.00 KAIL 1,300.00 STASIK 5,000.00 GOTTSCHALK 4,600.00 FREEMAN 9,117.00 FINN 3,000.00 4,200.00 COOPER 3,000.00 GAGE 147,840.00 JAFFRAY 6,600.00 BOE 250.00 SHAW 2,500.00 .00 .00 WOODHOUSE .00 BENTROTT 30,000.00 KNITTEL 3,000.00 GARDNER 6,000.00 ROTH 45,352.00 WOCDHOUSE 800,000.00 LEW IN 500.00 GARRETT 500.00 BENTROTT 1,250.00 NUSBAUM 8,950.00 BURGESS 1,550.00 BROOKS 3,500.00 5,288.85 UDAN 17,900.00 SCHMID 9,000.00 JOHNSON 1,100.00 UARNUM 5,150.00 THU. OCT 7, 1999, 7;54 AM PAGE 2 PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 1999 PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION 25C 20C SI 2C SW 02 02 02 02 02 02 02 03 24 24 24 29 29 29 25C 01 01 01 01 01 o: 02 02 02 02 02 02 02 02 0 3 20 20 20 24 24 20C 01 01 01 01 01 01 01 01 01 01 01 01 1820 1080 1820 25 1070 710 3440 1070 2850 2905 2085 583 500 1034 160 4140 1575 140 4461 1070 135 4760 315 3480 1840 400 25 12')0 OIK) 800 800 800 1101 2445 19 1449 19 2160 2C 185 4461 1050 1050 1453 2102 3745 850 450 450 1065 • ')65 FOX ST TONKAWA RD FOX ST BROWN RD S TONKAWA RD DICKEY LAKE DR BAYSIDE RD TONKAWA RD LITTLE ORCHARD WAY FOX ST WEBBER HILLS RD PARK LA HANLON AVE LOMA LINDA AVE GOLDEN VIEW DR NORTH SHORE DR LONG LAKE BLVD CRYSTAL CREEK RD BAYSIDE RD TONKAWA RD CRYSTAL CREEK RD DAYSIDE RD TONKAWA RD NORTH SHORE DR FOX ST DEBORAH DR DROWN RD S NAVARRE T.A HKOWN Rl) H OLD CRYSTAL BAY RD N OLD CRYSTAL DAY RD N OLD CRYSTAL BAY RD N WILLOWBROOK DR WOODHAVEN DR SHORELINE DR WAYZATA BLVD CRYSTAL CREEK RD DAYSIDE RD EDGEWOOD HILLS RD EDGEWOOD HILLS RD PARK DR SUGARWOOD DR WATERTOWN RD WILLOW DR N WOODHILL RD WOODHILL RD EDGEWOOD HILLS RD EDGEWOOD HILLS RD 99/09/17 99/09/17 99/09/20 99/09/22 99/09/29 99/09/30 99/09/30 99/09/29 99/09/09 99/09/14 99/09/16 99/09/16 99/09/27 99/09/20 OR-011879 OR-011881 OR-011885 OR-011896 OR-011926 OR-011931 OR-011932 OR-011925 OR-011843 OR-011854 OR-011877 OR-011871 OR-011883 OR-011892 99/09/08 OR 99/09/09 OR 99/09/09 OR 99/09/14 OR 99/09/21 OR 99/09/27 OR 99/09/07 OR 99/09/07 OR 99/09/08 OR 99/09/10 OR 99/09/13 OR 99/09/16 OR 99/09/22 OR 00/09/10 OF oo/o'i/;>7 OK 99/09/14 OR 99/09/14 OR 99/09/14 OR 99/09/10 OR 99/09/23 OR 011832 011835 011836 011853 011893 011921 011821 011822 011833 011845 011850 011876 011884 011030 0 I I 011852 011861 011862 011846 011908 99/09/13 OR-011849 99/09/23 OR-011910 99/09/14 OR- 99/09/01 OR- 99/09/02 OR 99/09/02 OR 99/09/07 OR 99/09/08 OR- 99/09/14 OR 99/09/29 OR 99/09/16 OR 99/09/16 OR 99/09/29 OR 99/09/29 OR 011806 011812 011815 011816 011825 011828 011851 011856 011874 011075 011927 011928 34720714 34871061 34789558 00000000 34283677 00000000 33386606 34283677 39296767 24738793 38242656 00000000 34405620 00000000 24738793 00000000 24248455 27844792 24521565 25334357 29335636 29337717 24738793 28663057 24739221 28947600 00000000 2R560044 in )Mi‘» 26450451 25510990 25518990 28274033 24490147 00000000 00000000 54791762 54486674 00000000 54789579 24722316 25334357 54791762 54287393 00000000 54709579 00000000 OPEN HEARTH FIREPLACES DOODY MECHANICAL INC DITTER INC HEATING & COOLING TWO WOODLAND STOVES&FIREPLACES HEATING & COOLING TWO VOGT FRED & CO CITYVIEW PLBG & HTG STANDARD MTG & AC CO VIERECK FIREPLACE SALES CITYVIEW PLBG & HTG MACK PLUMBING HOKANSON PLUMBING INC WENZEL PLUMBING & HEATING PLYMOUTH PLUMBING DUDA, LEON PLUMBING SERV. THOMPSON PLBG CITYVIEW PLBG & HTG SOUTHTOWN PLBG WAYZATA PLBG & HTG INC LAKESIDE PLBG & HTG INC TWO RIVERS PLHG ;:tani)ARI> im.hc u appi. C(» NEW MECH COMPANIES INC LE VAHN BROS INC LE VAHN BROS INC NORBLOM PLUMBING CO CUSTOM PLUMBING, INC. HAYES EXCAVATING OLSON CONSTRUCTION CO G L CONTRACTING COPPIN PLBG PLYMOUTH PLUMBING HAYES EXCAVATING PATNODE BROTHERS G L CONTRACTING G L CONTRACTING MACMILLAN 8,312.00 BORMAN 700.00 MACMILLAN 45,000.00 BITTMAN 2,500.00 6,800.00 WALVATNE 400.00 ZIESMER 4,200.00 6,800.00 CARPENTER 1,500.00 ENGEBRETSON 8,000.00 BUTTERFIELD 6,063.00 HANSEN 1,300.00 BENNETT 3,000.00 HURNER 200.00 SCHMID 8,000.00 KALLERUP 5,000.00 CLARK 2,100.00 15,000.00 15,495.00 395.00 GOODWALD 150.00 BARNUM 250.00 BENNETT 900.00 NUSBAUM 7,000.00 MACMILLAN 25,000.00 HOFFMAN 5,748.00 BITTMAN 10,000.00 JOHNSON 8,000.00 OTT 25,000.no .00 .00 2,000.00 BRUESKE 1,400.00 HARRIS 600.00 .00 KRAHENBUHL .00 .00 .00 EHRAMJIAN .00 EHRAMHIAN .00 .00 .00 BUTTERFIELD .00 .00 ROSENBERG .00 ROSENBERG .00 SIMONSON .00 SIMONSON .00 TIIU, OCT V,±999,7:54 AM PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 1999 PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY 12C 12C UD 01 1040 TONKAWA RD 99/09/01 OR-011813 83236804 DIERS IRRIGATION SERVICES 01 1555 ORONO OAKS DR 99/09/02 OR-011814 89729700 IRRIGATION MANAGEMENT 01 550 OXFORD RD 99/09/02 OR-011817 00000000 01 60 CRYSTAL CREEK RD 99/09/07 OR-011824 86840222 HOME SERSVICE IRRIGATION 01 3850 BAYSIDE RD 99/09/20 OR-011858 84974896 NORTH METRO LND 01 1491 SHORELINE DR 99/09/14 OR-011859 89411138 AQUA ENGINEERING, INC. 01 3038 CASCO POINT RD 99/09/15 OR-011864 00000000 01 2655 KELLY AVE 99/09/17 OR-011880 24793121 BERGERSON CASWELL INC 01 3300 NAVARRE LA 99/09/17 OR-011882 00000000 02 520 TONKAWA RD 99/09/22 OR-011905 84450649 ABLE SPRINKLER 19 2190 WAYZATA BLVD 99/09/20 OR-011889 56434243 IRRIGATION ENGINERRING INC lieme lie OWNER LAST NM PAGE 3 VALUATION BUXTON .00 HAUSER .00 KNUTSON .00 .00 MADSON .00 KRIER .00 KAVANAGH .00 EUGSTER .00 SWANSON .00 CARLSON .00 .00 2,296,039.85* j { i THU, OCT 7, 1999, 7:53 AM NUMERICAL LISTING SEPTEMBER 1999 PERMIT NBR ISSUED CANCEL ADDR NBR STREET PAGE 1 WORK COMPANY OWNER LAST NM VALUATION RBZABEK 1,000.00 HAYES EXCAVATING .00 BITTMAN 50,000.00 DEGGENDORF 1,800.00 OLSON CONSTRUCTION CO .00 DIERS IRRIGATION SERVICES BUXTON .00 IRRIGATION MANAGEMENT HAUSER .00 EHRAMJIAN .00 G L CONTRACTING EHRAMHIAN .00 KNUTSON .00 CRAFTSMAN'S TOUCH KNITTED 3,000.00 LEWIN 500.00 BOE 250.00 DUDA, LEON PLUMBING SERV.GOODWALD 150.00 THOMPSON PLBG BARNUM 250.00 CENTURY ROOFING ROWLETTE 5,180.00 HOME SERSVICE IRRIGATION .00 COPPIN PLBG . 00 GARRETT 500.00 SCHOMMER 600.00 PLYMOUTH PLUMBING .00 DEAN'S TANK OIL BENTROTT 1,250.00 FIRESIDE CORNER JOHNSON 1,100.00 SELA ROOFING ANDERSON 11,900.00 CITYVIEW PLBG & HTG SCHMID 8,000.00 CITYVIEW PLBG & HTG BENNETT 900.00 CStM PLUMBING HEATING/AC NUSBAUM 8,950.00 KALLERUP 5,000.00 MACK PLUMBING CLARK 2,100.00 REINHART 3,000.00 SEAL GUARD SYSTEMS INC BURNEVIK 36,450.00 MATSON 1,250.00 MICHAEL HOMES INC DEVINE 67,750.00 STEINKE 8,000.00 VOGT FRED & CO CARPENTER 1,500.00 VIERECK FIREPLACE SALES BARNUM 5,150.00 SOUTHTOWN PLBG NUSBAUM 7,000.00 NORBLOM PLUMBING CO BRUESKE 1,400.00 SKYLINE ASSOCIATES GARDNER 6,000.00 .00 WAYZATA PLBG & HTG INC MACMILLAN 25,000.00 HAYES EXCAVATING BUTTERFIELD .00 NEW MECH COMPANIES INC .00 HOKANSON PLUMBING INC 15,000.00 CITYVIEW PLBG L HTG ENGEDRETSON 8,000.00 PELTOLA 1,920.00 PATNODE BROTHERS .00 NORTH METRO LND MADSON . 00 AQUA ENGINEERING, INC.KRIER . 00 LE VAHN BROS INC . 00 LE VAHN BROS INC 2,000.00 TAYLOR KATHERINE BENTROTT 30,000.00 KAVANAGH .00 INCLINE ENTERRISES KAIL 1,300.00 OR-011776 OR-011806 OR-011810 OR-011811 OR-011812 OR-011813 OR-011814 OR-011815 OR-011816 OR-011817 OR-011818 OR-011819 OR-011820 OR-011821 OR-011822 OR-011823 OR-011824 OR-011825 OR-011826 OR-011827 OR-011828 OR-011829 OR-011830 OR-011831 OR-011832 OR-011833 OR-011834 OR-011835 OR-011836 OR-011838 OR-011839 OR-011840 OR-011841 OR-011842 OR-011843 OR-011844 OR-011845 OR-011846 OR-011848 OR-011849 OR-011850 OR-011851 OR-011852 OR-011853 OR-011854 OR-011855 OR-011856 OR-011858 OR-011859 OR-011861 OR-011862 OR-011863 OR-011864 OR-011065 99/09/01 N 99/09/14 N 99/09/09 N 99/09/01 N 99/09/01 N 99/09/01 N 99/09/02 N 99/09/02 N 99/09/02 N 99/09/02 N 99/09/02 N 99/09/02 N 99/09/07 N 99/09/07 N 99/09/07 N 99/09/07 N 99/09/07 N 99/09/07 N 99/09/07 N 99/09/08 N 99/09/08 N 99/09/08 N 99/09/08 N 99/09/08 N 99/09/08 N 99/09/08 N 99/09/09 N 99/09/09 N 99/09/09 N 99/09/09 N 99/09/09 N 99/09/09 N 99/09/14 N 99/09/16 N 99/09/09 N 99/09/10 N 99/09/10 N 99/09/10 N 99/09/21 N 99/09/13 N 99/09/13 N 99/09/14 99/09/14 99/09/14 99/09/14 99/09/14 99/09/29 99/09/20 99/09/14 99/09/14 99/09/14 99/09/14 99/09/15 99/09/15 N N N N N N N N N N N N N 3200 185 25 4040 4461 1040 1555 1050 1050 550 2695 2253 3460 135 4760 3775 60 1453 650 3635 2102 1453 580 4495 160 315 3480 4140 1575 1310 2245 2220 521 910 2850 4760 3480 1101 1115 1449 1840 3745 800 140 2905 1550 850 3850 1491 800 800 1453 3038 2915 DAYSIDE RD CRYSTAL CREEK RD BROWN RD S NORTH SHORE DR BAYSIDE RD TONKAWA RD ORONO OAKS DR EDGEWOOD HILLS RD EDGEWOOD HILLS RD OXFORD RD COUNTRYSIDE DR W BAYVIEW PL LIVINGSTON AVE CRYSTAL CREEK RD BAYSIDE RD BAYSIDE RD CRYSTAL CREEK RD PARK DR BROWN RD N TOGO RD SUGARWOOD DR PARK DR NORTH ARM DR NORTH SHORE DR GOLDEN VIEW DR TONKAWA RD NORTH SHORE DR NORTH SHORE DR LONG LAKE BLVD REST PT LA FRENCH LAKE RD BAYVIEW PL NORTH STREAM RD DAKOTA AVE LITTLE ORCHARD WAY BAYSIDE RD NORTH SHORE DR WILLOWBROOK DR COX FARM RD SHORELINE DR FOX ST WATERTOWN RD OLD CRYSTAL BAY RD CRYSTAL CREEK RD FOX ST NORTH ARM DR WILLOW DR N DAYSIDE RD SHORELINE DR OLD CRYSTAL BAY RD OLD CRYSTAL BAY RD PARK DR CASCO POINT RD CASCO POINT RD N N 05 00000000 01 54791762 02 00000000 06 00000000 01 54486674 01 83236804 01 89729700 01 00000000 01 54789579 01 00000000 29 14760874 01 00000000 15 00000000 02 29335636 02 29337717 11 18695133 01 86840222 01 24722316 01 00000000 11 00000000 01 25334357 01 35350194 02 36332561 11 18238046 01 24738793 02 24738793 01 36824390 01 00000000 01 24248455 05 00000000 11 17170700 11 00000000 02 16705879 02 00000000 24 39296767 02 34405620 02 28663057 24 28274033 29 18299377 19 00000000 02 24739221 01 54791762 20 26450451 01 27844792 24 24738793 06 00000000 01 54287393 01 J4974896 01 89411138 20 25518990 20 25518990 27 14751160 01 00000000 11 14719065 THU, OCT 7, 1999, 7:53 AM PAGE 2 NUMERICAL LISTING SEPTEMBER 1999 PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION OR-011866 OR-O1186e OR-011871 OR-011872 OR-011873 OR-011874 OR-011875 OR-011876 OR-011877 OR-011878 OR-011879 OR-011880 OR-011881 OR-011882 OR-011883 OR-011884 OR-011885 OR-011886 OR-011887 OR-011889 OR-011890 OR-011891 OR-011892 OR-011893 OR-011894 OR-011895 OR-011896 OR-011898 OR-011899 OR-011900 OR-011901 OR-011902 OR-011903 OR-011904 OR-011905 OR-011906 OR-011907 OR-011908 OR-011910 OR-011914 OR-(ill916 OR-011917 OR-011918 OR-011919 OR-011920 OR-011921 OR-011922 OR-011923 OR-011924 OR-011925 OR-011926 OR-011927 OR-011928 OR-011929 99/09/15 N 99/09/15 N 99/09/16 N 99/09/17 N 99/09/30 N 99/09/16 N 99/09/16 N 99/09/16 N 99/09/16 N 99/09/16 N 99/09/17 N 99/09/17 N 99/09/17 N 99/09/17 N 99/09/27 N 99/09/22 N 99/09/20 N 99/09/20 N 99/09/20 N 99/09/20 N 99/09/20 N 99/09/20 N 99/09/20 N 99/09/21 N 99/09/21 N 99/09/21 N 99/09/22 N 99/09/14 N 99/09/21 N 99/09/14 Y 99/09/22 N 99/09/28 N 99/09/22 N 99/09/22 N 99/09/22 N 99/09/21 N 99/09/23 N 99/09/23 N 99/09/23 N 99/09/27 N 99/09/24 N 99/09/24 N 99/09/24 N 99/09/24 N 99/09/27 N 99/09/27 N 99/09/27 N 99/09/29 N 99/09/29 N 99/09/29 Y 99/09/29 N 99/09/29 N 99/09/29 N *• '09/30 N 2800 1270 583 414 0 165 450 450 480 2085 94 5 1820 2655 1080 3300 500 25 1820 905 140 2190 110 740 1034 4461 4461 160 25 1453 1453 1453 2685 4755 2240 1640 520 3360 885 2445 2160 405 1251 2755 3231 460 2620 1070 680 2620 2275 1070 1070 1065 1065 085 PHEASANT RD WILDHURST TR PARK LA NORTH SHORE DR LUCE LINE RIDGE WOODHILL RD WOODHILL RD DEBORAH DR WEBBER HILLS RD FOREST ARMS LA FOX ST KELLY AVE TONKAWA RD NAVARRE LA HANLON AVE BROWN RD S FOX ST FERNDALE RD W CRYSTAL CREEK RD WAYZATA BLVD BIG ISLAND BIG ISLAND LOMA LINDA AVE BAYSIDE RD BAYSIDE RD GOLDEN VIEW DR BROWN RD S PARK DR PARK DR PARK DR PHEASANT RD BAYSIDE RD SHADYWOOD RD SHADYWOOD RD TONKAWA RD SHORELINE DR FERNDALE RD W WOODHAVEN DR WAYZATA BLVD OXFORD RD BRIAR ST DEER RUN TR E CASCO CIR TONKAWA RD FOX ST TONKAWA RD BROWN RD S FOX ST LONGVIEW CIR TONKAWA RD TONKAWA RD EDGEWOOD HILLS RD EDGEWOOD HILLS RD FERNDALE RD W 01 35350194 11 00000000 29 00000000 06 00000000 09 14901399 01 00000000 01 54789579 02 28947600 24 38242656 11 14726539 02 34720714 01 24793121 02 34871061 01 00000000 29 34405620 02 00000000 02 34789558 01 39203800 01 33157500 19 56434243 16 00000000 16 00000000 29 00000000 01 24521565 01 34522775 01 39296767 02 00000000 04 14751160 04 14751160 04 14751160 02 00000000 01 19710897 11 15410304 11 00000000 02 84450649 11 00000000 16 19390808 24 24490147 19 00000000 15 00000000 29 00000000 01 00000000 11 00000000 11 17227129 11 14284559 01 25334357 03 29383589 10 19299342 10 17216628 03 34283677 02 34283677 01 00000000 01 54789579 29 19’''908 DEAN'S TANK OIL PAT HENRY'S PRESTIGE POOLS G L CONTRACTING LAKESIDE PLBG & HTG INC STANDARD HTG & AC CO SMITH WF ROOFING OPEN HEARTH FIREPLACES BERGERSON CASWELL INC DOODY MECHANICAL INC VIERECK FIREPLACE SALES DITTER INC CRONSTROMS HTG & AC INC AUTOMATIC GARAGE DOOR CO IRRIGATION ENGINERRING INC WENZEL PLUMBING t HEATING ALLIANT HTG & A/C VOGT FRED & CO TAYLOR KATHERINE TAYLOR KATHERINE TAYLOR KATHERINE SUPERIOR HOMES & DEV.,INC WESTURN CEDAR SUPPLY ABLE SPRINKLER PARAGON DESIGNER & BLDRS CUSTOM PLUMBING, INC. GARLOCK FRECH ROOFING CO TOP GUN ROOFING PLYMOUTH PLUMBING STANDARD PLBG & APPL CO STILLWELL TED PANELCRAFT OF MINNESOTA HEATING & COOLING TWO HEATING & COOLING TWO G L CONTRACTING PARAGON DESIGNER & BLDRS BURGESS STASIK 5,000.00 HANSEN 1,300.00 KALLERUP 5,100.00 CHURCH 10,500.00 ROSENBERG .00 ROSENBERG .00 HOFFMAN 5,748.00 BUTTERFIELD 6,063.00 GOTTSCHALK 4,600.00 MACMILLAN 8,312.00 EUGSTER .00 BORMAN 700.00 SWANSON .00 BENNETT 3,000.00 BITTMAN 10,000.00 MACMILLAN 45,000.00 BROOKS 3,500.00 5,288.85 .00 .00 .00 HURNER 200.00 15,495.00 UBAN 17,900.00 SCHMID 9,000.00 BITTMAN 2,500.00 BENTROTT 30,000.00 BENTROTT 44,300.00 BENTROTT 30,000.00 HERBERT 12,500.00 FRIEDLAND 243,000.00 FREEMAN 9,117.00 FINN 3,000.00 CARLSON .00 4,200.00 WOODHOUSE .00 HARRIS 600.00 KRAHENBUHL .00 SHAW 2,500.00 ROTH 45,352.00 350,000.00 COOPER 3,000.00 GAGE 147,840.00 JAFFRAY 6,600.00 395.00 OTT 25,000.00 JAFFRAY 11,000.00 BUCHHOLZ 17,529.00 6,800.00 6,800.00 SIMONSON .00 SIMONSON .00 WOODHOUSE 800,000.00 THU, OCT 7, x999. 7:53 AM NUMERICAL LISTING SEPTEMBER 1999 PAGE 3 PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OR-011930 99/09/30 N 3290 NAVARRE LA 02 28560044 TWO RIVERS PLBG OR-011931 99/09/30 N 710 DICKEY LAKE DR 02 00000000 OR-011932 99/09/30 N 3440 BAYSIDE RD 02 33386606 WOODLAND STOVES&FIREPLACES OWNER LAST NM VALUATION JOHNSON WALVATNE 8,000.00 400.00 4,200.00 me 01 Residence 02 Addition 03 Garage/Attached 04 Garage/Detached .. 05 Porch 06 Deck '1 07 Fence 08 Gazebo 09 Pool 10 Re-side 11 Re-roof 12 Tennis Court 13 ’Sign 14 Dock 15 Shed 16 Demo-Principal Structure 17 Demo-Accessory Structure 18 Move 19 Commercial 20 Institutional 21 Storm Damage Repair 22 1-100 Cubic Yards 23 101 Cubic Yards or More 99 Undefined LOCAL USB CODES 9999 Undefined 24 Replacing Existing 25 Lifting Principal Residence 26 Well Abandonment 27 Foundation Only 28 Temporary Trailer 29 Renovate/Remodel 30 Accessory Structure 31 Stairway to Lake 32 Retaining Wall 33 Entrance Monuments 3 4 Tree Removal SEPTEMBER 1999 REPORT NBR. BPRMTISS-1 DATE OF RUN 10/07/99 _ _ r*TlDDl7MT* ***** PERMIT ISSUED REPORT CITY OF ORONO D IV MO 17 * * « * * PPPVTntTQ REQUESTER: RAMrSP __-___ _ _ _ PAGE: 1 CAROLE PERMIT TYPE QTY 09/01/99 - BASE FEE 09730/99 VALUATION PLAN REVIEW QTY 09/01/98 - BASE FEE 09/30/98 VALUATION PLAN REVIEW User Defined SUBDIVISION 2 550.00 0.00 0.00 3 700.00 0.00 0.00 VARIANCE 9 2,050.00 0.00 0.00 9 2,050.00 0.00 0.00 CUP 1 0.00 0.00 0.00 1 250.00 0.00 0.00 SKETCH PLAN 1 250.00 0.00 0.00 1 400.00 0.00 0.00 ZONING CODE AMEN 2 0.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 15*2,850.00*0.00*0.00*14*3,400.00*0.00*0.00* Grand-total 15**2,850.00**0.00**0.00**14**3,400.00**0.00**0.00** REPORT NBR. BFEERPT2-1 DATE OF RUN 10/07/99 * * * • *PERMIT FEE REPORT ***** CITY OF ORONO FROM 09/01/99 TO 09/30/99 USER REPORT TOTAL BASE FEE 2,850.00 2,850.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 2,850.00 2,850.00 PAGE: 1 REQUESTER: CAROLE « REPORT NBR. BPRMTISS-1 DATE OF RUN 10/07/99 PERMIT TYPE Building SGL FAMILY-NEW DUPLEX-NEW SF-ADD/REMODEL SF-ACC STRUCTURE DBMO/PRINCIPAL COMMERCIAL-NEW COM-ADD/REMODEL COM-ACC STRUCTUR DEMO INST-ADD/REMODEL DEMO-ACCESSORY ACC/GARAGES Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING WOOD STOVE/FLUE FIREPLACE VENTILATION FUEL STORAGE GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK Sub-total Plumbing FIXTURES SPRINKLER WATER METER VACUUM BREAKER UNDEFINED Sub-total Sewer & Water SEWER CONNECTION WATER CONNECTION NEW SEPTIC SYSTE DRNFLD a/OR TANK SAC ONLY SEPTIC CONNECTIN SEWER DISCONNECT SEWER REPAIR SEWER a WATER UNDEFINED Sub-total Sign PERMANENT/POSTED QTY 25 1 235 30 17 1 6 0 0 2 5 6 320* 91 17 4 50 7 1 17 6 7 200* 125 1 10 4 1 141* 15 1 23 1 12 0 2 4 5 0 63* PERMIT ISSUED REPORT CITY OF ORONO -- CURRENT RANGE - 01/01/99 - 09/30/99 BASE FEE 69,799 1,637 74,750 4,650 1,060 3,099 1,763 0 0 963 150 2,209 160,003 .50 .25 .55 .25 .00 .75 .00 .00 .00 .50 .00 .75 .55* 11,707 039 142 2,356 302 312 635 260 2,637 19,201 .25 .13 .50 .20 .50 .50 .00 .75 .55 .46* 11,343.39 93.75 6,000.00 140.00 35.00 17,692.14* 525 35 2,105 50 14,700 0 105 140 350 0 10,010 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00* 40.50 VALUATION 11,902, 250, 7,250, 274, 550, 131, 80, 167, 20,614, 661.55 000.00 560.24 360.00 0.00 000.00 375.00 0.00 0.00 000.00 0.00 725.00 601.79* 926,705 55,005 5,100 144,034 14,440 25,000 15,550 12,750 203,303 1,403,649 .90 .50 .00 .70 .00 .00 .00 .00 .79 • 09* 706,970.36 7,500.00 0.00 000.00 2,000.00 79/,270.36* 0.00 0.00 0.00 0.00 0 0 0 0 0 0 0 00 00 00 00 00 00 00* 1,500.00 PLAN REVIEW 45,369 1,064 34,406 2,076 0 2,014 010 0 0 0 0 1,436 07,970 .65 .21 .94 .73 .00 .04 .23 .00 .00 .00 .00 .34 .94* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00* 0 0 0 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 00 00 00* 0.00 YEAR-TO-DATE ^r>/ QTY 1 1 2 1 1 101* A JDlte PAGE : 1 o REQUESTER; CAROLE -- PREVIO 01/01/98 - 09/30798 BASE FEB % VALUATION 24 62,148.25 11,434,331.44 0 0.00 0.00 205 67,939.75 5,852,118.26 34 8,639.00 838,890.00 13 680.00 0.00 1 6,365.25 1,492,000.00 5 1,784.00 191,875.00 5 1,462.25 110,000.00 1 50.00 0.00 3 902.25 122,480.00 6 180.00 0.00 21 4,549.25 309,635.20 390*154,700.00*20,351,329.90* 02 12,154.15 958,818.44 21 1,031.10 71,105.52 2 70.00 3,000.00 60 2,595.19 148,043.00 7 245.00 9,325.00 0 C.OO 0.00 0 280.00 7,984.00 14 506.25 22,983.00 9 315.00 7,713.75 203*17,196.69*1,228,972.71* 135 11,823.16 821,903.38 1 82.75 6,620.00 9 1,635.00 1,225.00 10 350.00 2,600.00 1 35.00 600.00 156*13,925.91*832,948.38* 31 1,085.00 0.00 1 35.00 0.00 30 2,950.00 0.00 2 100.00 0.00 31 30,250.00 0.00 50.00 35.00 70.00 70.00 0.00 34,645.00* 0 0 750 0 0 00 00 00 00 00 750.00* 137.25 7,000.00 PLAN REVIEW 40,396 0 29,223 5,435 0 4,137 941 105 0 0 0 2,937 03,177 .32 .00 .07 .49 .00 .41 .36 .46 .00 .00 .00 .53 .44* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 m REPORT NBR. BPRMTISS-1 DATE OF RUN 10/07/99 ***** permit issued report CITY OF ORONO YEAR-TO-DATE *****PAGE: 2 REQUESTER: CAROLE 01/01/99 - RANGE . . . . 09/30/99 01/01/98 - RANGE . . . . 09/30/98 PERMIT TYPE PER./FREE STANDG TEMPORARY Sub-total QTY 1 4 6* BASE FEE 21.00 105.00 174.50* VALUATION 450.00 0.00 1,950.00* PLAN REVIEW 0.00 0.00 0.00* QTY 1 2 4* BASE FEE 74.75 70.00 282.00* VALUATION 2,500.00 0.00 10,300.00* PLAN REVIEW 0.00 0.00 0.00* Fire FIRE SPRINKLER FIRE SPRINKLER Sub-total 1 3 4* 297.50 1,698.88 1,996.38* 23,800.00 135,550.00 159,350.00* 0.00 0.00 0.00* 0 1 1* 0.00 3,650.00 3,650.00* 0.00 292.000. 00 292.000. 00* 0.00 0.00 0.00* User Defined LAND ALTERATION DOCKS LAWN SPRINKLER Sub-total 14 1 18 33* 680.00 30.00 630.00 1,340.00* 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00* 30 0 30 60* 1,600.00 0.00 1,050.00 2,650.00* 500.00 0.00 0.00 500.00* 0.00 0.00 0.00 0.00* Grand-total 775*'218,578.03** 22 ,976,910.04**87,,978.94**923**227,049.60** 22 ,716,800.99**83,177.44** 'pf\ • .a:--A YEAR-TO-DATE REPORT NBR. BFEERPT2-1 DATE OF RUN 10/07/99 ***** permit fee report ***** CITY OF ORONO FROM 01/01/99 TO 09/30/99 PAGE: 1 REQUESTER; CAROLE BUILDING MECHANICAL PLUMBING SEWER fie WATER USER SIGN FIRE BASE FEE IGO,003.55 19,281.46 17,692.14 10,010.00 1,340.00 174.50 1,996.30 PLAN REVIEW 07,978.94 0.00 0.00 C .0.00 0.00 0.00 SURCHARGE 10,256.25 707.00 408.15 25.bJ 9.00 0.75*79.88 Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 6,300.00 0.00 0.00 0.00 0.00 0.00 0.00 INVESTIGATION 5,167.50 0.00 0.00 100.00 100.00 0.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MAIL IN MAIL IN MAIL IN FEB MAIL-TN FEF 145.12 1.50 21.49 13.35 53.98 7.50 6.00 4.50 1.50 3.00 1.50 4.50 ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 269,706.24 20,170.00 18,167.77 10,135.50 1,458.00 176.75 2,080.76• REPORT NBR. BFBERPT2- DATE OF RUN 10/07/99 1 ***** PERMIT FEE CITY OF FROM 01/01/99 REPORT ORONO TO 09/30/99 PAGE: REQUESTER: CAROLE REPORT TOTAL BASE FEE 210,570.03 # PLAN REVIEW 87,970.94 SURCHARGE 11,406.61 Lie. SEARCH FEE 0.00 SAC 6,300.00 INVESTIGATION 5,367.50 • DEPOSIT 0.00 MAIL IN MAIL IN MAIL IN PEE MAIL-IN FEB 209.60 1.50 30.49 22.35 ESCROW 0.00 PERMIT TOTAL 329,975.02 YEAR-TO-DATE REPORT NBR. BPRMTlSS-1 DATE OF RUN 10/07/99 /-TTODtTMT* ***** PERMIT ISSUED REPORT CITY OF ORONO * ft * ft * REQUESTER: RANGE PAGE: 1 CAROLE PERMIT TYPE QTY 01/01/99 BASE FEB — - - - OL,30/99 VALUATION PLAN REVIEW QTY 01/01/98 - BASE FEE awAi^ViJCj w ^ ^ w w 09/30/98 VALUATION PLAN REVIEW User Defined SUBDIVISION 16 17,120.00 0.00 0.00 14 6,437.50 0.00 0.00 VARIANCE 40 9,800.00 0.00 0.00 50 14,610.00 0.00 0.00 CUP 11 2,250.00 0.00 0.00 15 2,450.00 0.00 0.00 SKETCH PLAN 9 2,250.00 0.00 0.00 3 900.00 0.00 0.00 VARIANCE/CUP 5 1,350.00 0.00 0.00 7 1,900.00 0.00 0.00 VACATION 1 0.00 0.00 0.00 1 300.00 0.00 0.00 REZONING 1 350.00 0.00 0.00 1 350.00 0.00 0.00 RQST SIMILAR USE 0 0.00 0.00 0.00 2 250.00 0.00 0.00 ZONING CODE AMEN 4 0.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total B7*33,120.00*0.00*0.00*101*27,197.50*0.00*0.00* Grand-total 07#*33,120.00**0.00*•ftoo•oft101**27,197.50**0.00**0.00** REPORT NBR. BFEERPT2-1 DATE OF RUN 10/07/99 USER REPORT TOTAL BASS FEE 33,1?0.JO 33,120.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 33,120.00 33,120.00 PERMIT FEE REPORT CITY OF ORONO FROM 01/01/99 TO 09/30/99 # * * « *PAGE: 1 REQUESTER: CAROLE * —^ r ►1999 RECAP OF CONTRACT CITIES Janujry February March April June July August Septcinber October November Decenfeer YTD Totals Spring Park Plan Review 40.46 274.14 0.00 2,760.22 2,063.10 1,576.90 3,095.31 1,389.54 598.00 11,797.67 Inspections 120.00 45.00 195.00 135.00 135.00 180.00 150.00 360.00 210.00 1,165.00 Retainer 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 225.00 TOTAL 185.46 344.14 220.00 2,920.22 2,223.10 1,781.90 3,270.31 1,774.54 833.00 13,552.67 No. Plan Reviews 1 1 0 4 4 4 5 3 2 24 No. Inspecf ’<;v)s 8 3 13 9 9 12 10 24 14 102 Minnetonka Beach Plan Review 568.59 0.00 72.96 326.79 787.80 739.21 4,565.86 1,636.86 5,677.42 14,375.49 Inspections 60.00 45.00 150.00 135.00 60.00 180.00 300.00 435.00 270.00 1,635.00 Retainer 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 225.00 TOTAL 653.59 70.00 247.96 486.79 872.80 944.21 4,890.86 2,096.86 5,972.42 16,235.49 No. Plan Reviews 1 0 1 1 2 1 7 3 4 20 No. Inspections 4 3 10 9 4 12 20 29 18 109 839.05 4H.14 467.96 3,407.01 3,095.90 2,726.11 8,161.17 3,871.40 6,805.42 29,788.16 WINSTON LAW OFFICE Novembers, 1999 Mayor Gabriel Jabbour 985 Tonkawa Road Orono, MN 55323 Edward J. Callahan, Jr. Gray Plant Mooty Mooty &. Bennett 33 South Sixth Street, #3400 Minneapolis, MN 55402-3796 Richard N. Flint Gray Plant Mooty Mooty &. Bennett 33 South Sixth Street. #3400 Minneapolis, MN 55402-3796 Ron Moorse City Administrator Orono City Hall 2750 Kelly Parkway Long Lake 55356 Gentlemen; Copied herewith is Tom O'Keefe's November 2 letter responding to my September 30 letter. While I am upset with O'Keefe's blunt rejection of my request that he mitigate the impaa of the highway project on my neighborhood, I am pleased that he has finally been honest with us by indicating that Mn/DOT intends to do nothing to address our concerns. Accordingly, 1 again appeal to the City of Orono and the Design Review Committee to take such actions as they can to encourage mitigation of th e adverse environmental impact on my neighborhood. Thank you. JBW/krm cc: James R. Renckens 4420 ID? Center, 80 SoutK 8tk Street, Minneapolis, MN 55t02 Tel: 612.341.9800 Fax: 6l2.338.6351 ^ Minn»sota Dapartmant of Transportation1 OriM' ^ Matropotitan Oivisiori Waters Edge 1500 West County Road B2 Roseville, MN 55113 November 2,1999 Mr. John B. Winston Winston Law Office 4420 IDS Center 80 South 8th Street Minneapolis, Minnesota 35402 Dear Mr. Winston: I am writing in response to your letter of September 30 concerning berming you are requesting on a neighboring propeny between the proposed Highway 12 corridor and your own property. In your letter you are asking for Mn/DOT to commit to building a berm in this area. We cannot do that. We won ’t use our powers of eminent domain to likely condemn land from one landowner to mitigate what at worst is a minimal impact to an adjacent vacant lot. If however, the necessary property for berming is acquired by you or by others, and appropriate material for berming is easily available Mn/DOT will consider working with the contraaor to place the material as a berm in this area. I hope this clarifies our position for you. F;el free to call (651 582-1296) if you have comments or questions.‘I Sincerely, Preliminary Design Engineer 4 An equal opportunity employer r WINSTON LAW OFFICE Novembers, 1999 Tom O'Keefe, P.E. Minnesota Dept, of Transportation Waters Edge 1500 West County Road B-2 Roseville, MN 55113 RE: Environmental Assessment Worksheet With Respea to the Orono/Long Lake Highway 12 Corridor Project Dear Mr. O'Keefe: We who are property owners to the South of the above-referenced highway project remain concerned about the environmental impact of the project on our neighborhood. Our neighborhood currently enjoys a peace and quiet that will be adversely impacted as the highway is moved into our neighborhood and as the railroad Is moved farther into our neighborhood. The imoact will adversely affea us from the standpoint o<^ light, noise, air quality and general aesthetics. I know from my e.xperience in wr King on other development projects that the biggest single factor with respect to noise pollution is proximity. The closer the noise, the louder the noise. Because of these concerns, we have requested that Mn/DOT consider placing an earthen berm or other barrier betw^een our neighborhood and the railroad relocation and highw^av project. The placement of such a natural or artificial structure will mitigate'all of the adverse impacts on our property. Further, while state statutes may exempt projects such as this from standards limiting noise levels, the governmental entity responsible for the projejt still must employ all "reasonably available noise mitigation measures" to ^ate noise. (Minn. Stat. §116.07, Subd. 2a.) I request that this letter be made part of Mn/DOPs environmental assessment worksheet file, so that we are on record as being concerned about the noise impact on our neighborhood, and so that we are on record as having requested the employment of noise mitigation measures. We remain concerned about other adverse impacts as well, and would welcome the opportunity to further discuss those impacts, as well as our ideas as to how they can be mitigated by reasonable, relatively inexpensive measures. SincerHy, ^ JBW/krm cc: Edward J. Callahan. Jr. Richard N. Flint Ron Moorse Mayor Gabriel Jabboiir James R. Renckens JohmB. Winston 4420 IDS Center, 80 Soutli StK Street, Minneapolis, MN 5o402 Tel: 612.341.9800 Fa.x: 612.338.6351